CTR064872_Contract_Documents.pdf

Offeror Submittal Documents

Solicitation No.: BPM005033

Description: Community Coordination - Food and Nutrition Your Partnu For A tron!F-r Aruono

Attachment 1 - Offer and Acceptance

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to provide Community Coordination - Food and Nutrition in compliance with all Terms, Conditions, Specifications, and Amendments in the Solicitation and any written exceptions in the Offer.

Arizona Community Action Association OBA Wild _\]�((_. }{_rG---_____________ _

Company Name

340 E. Palm Lane, Suite 315 Address

Phoenix, AZ 85004 City State Zip

Signature of Person Authorized to Sign Offer

Kelly McGowan, Interim Executive Director Printed Name and Title

Kelly McGowan, Interim Executive Director Contact Name and Title kmcgowan@wildfireaz.org 602-6040640 Contact Email Address Contact Phone Number

CERTIFICATION: By signature in the above, Offeror certifies that it:

1. Will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive Order 2009-9 or A.R.S. §§ 41-1461 through 1465;

2. Has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law;

3. Complies with A.R.S. § 18-132 when offering electronics or information technology products, services, or maintenance;

4. Has submitted this Offer as a firm offer for 180 days following the Solicitation due date and time. After 180 days, the Offer will remain open unless revoked by Offeror via written withdrawal of Offeror's proposal in accordance with the Arizona Procurement Code;

5. Did not and will not involve collusion or other anti-competitive practices;

6. Is not debarred from, or otherwise prohibited, from participating in any contract awarded by federal, state, or local government; and

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Contractor is now bound to sell the services listed by the attached contract and based upon the solicitation, including all Terms, Conditions, Specifications, Amendments, etc., and the Contractor's Offer as accepted by the State.

This Contract shall henceforth be referred to as Contract No. _CTR064872_______ _

The effective date of the Contract is _________________ _

The Contractor is cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order, contract release document or written notice to proceed.

State of Arizona Awarded this ____ day of ___________ 20 __ _

Procurement Officer Signature

Solicitation Instructions Available Online at https://app.az.qov Page 15 of 27

October 1, 2023

15 March 23

Solicitation Requirements Request for Proposal (RFP)

Description: Community Coordination – Food and Nutrition

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Table of Contents

Section Page

Scope of Work

ADES Special Terms and Conditions

Uniform Terms and Conditions

Exhibit A – SNAP Access and Information Plan

Exhibit B – SNAP Outreach Partnership Policy and Procedure Manual

Exhibit C – Itemized Service Budget

Exhibit D – Monthly Activity Report

Exhibit E – Monthly Invoice Tracker https://app.az.gov/

Scope of Work

Description: Community Coordination – Food and Nutrition

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Scope of Work

1. ADES Mission and Vision Statements

1.1 ADES Mission: The Arizona Department of Economic Security makes Arizona stronger by helping Arizonans reach their potential through temporary assistance for those in need, and care for the vulnerable.

1.2 ADES Vision: All Arizonans who qualify receive timely DES services and achieve their potential.

2. Purpose

2.1

2.2

2.3

2.4

2.5

Purpose Statement: The purpose of this service is to facilitate the statewide delivery of services through establishing partnerships with community or faith-based private or public non-profit agencies, or government entities to increase participation in federal nutrition assistance programs, particularly the Supplemental Nutrition Assistance Program (SNAP).

Legal Authority: Pursuant to Arizona Revised Statutes (A.R.S.) §41-1954 (A)(6) provides ADES the authority to contract and incur obligations within the general scope of its activities and operations.

Projected Awards: ADES intends to make one (1) Contract award for this service. The anticipated start date is October 1, 2023, with an initial contract term of one (1) year with extension options in accordance with the ADES Special Terms and Conditions, Section 12.

Projected Utilization: Provide services throughout Arizona in collaboration with approximately 60 Organizations.

Funding: The United States Department of Agriculture (USDA), Food and Nutrition Service (FNS) SNAP is the primary funding source supporting the service.

3. Service Description

3.1 Taxonomy Definition: Community Coordination - A service that promotes efficiency through the cooperation and collaboration of multiple entities concerned with the same issue or need.

3.2 Actual Service Description: This service provides for the coordination of statewide activities to provide education of the federal nutrition assistance program to potentially eligible individuals and households in order to increase participation. The service administers Arizona's annual SNAP Access and Information Plan by leveraging the resources of Organizations. Organizations are provided up to forty percent federal pass-through funds for their SNAP outreach and application assistance activities.

All Organizations are required to provide client education related to the benefits of participation in SNAP and to navigate the enrollment process. When sufficient resources are available to the Organization, the Organization may elect to provide the following: 1) self-service application assistance by granting clients access to the Organization’s electronic resources in order to explore and enroll in SNAP, or 2) full-service assistance by submitting a SNAP application and any required eligibility verification documents on behalf of clients. Organizations do not perform certification interviews or certify clients for participation in the program, as these functions must be completed by ADES.

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4. Definitions

4.1 Food Insecurity: A household-level economic and social condition of limited or uncertain access to adequate, nutritious food.

4.2 Key Staff: Contractor Staff regardless of title or position, who are responsible for the services, reporting, or funding associated with this contract.

4.3 Organization (“SNAP Community Partner” or “SCP”): Community or faith-based private or public non-profit agency, or government entity who has applied to and been enrolled in the SNAP Community Partnership.

4.4 Additional definitions are available in the SNAP Access and Information Plan (Exhibit A, as may be amended.)

5. General Requirements

The Contractor shall:

5.1 Provide all services in a culturally relevant and linguistically appropriate manner for the population to be served.

5.2 Utilize backup and recovery procedures for computer systems to ensure no data is lost, and no disruption or degradation of services occurs.

5.3 Notify Division of Community Assistance and Development (DCAD) Contract Specialist and Hunger Relief Program (HRP) Manager in writing within seven (7) calendar days of any changes in Key Staff.

5.4 Maintain documentation verifying that Key Staff has received appropriate training or hold appropriate certification/licensure in accordance with job descriptions.

5.4.1 Key Staff and Organization frontline staff volunteers, as well as supervisors of frontline staff and volunteers complete annual computer based civil rights training, as developed and delivered by the

HRP.

5.5 Adhere to the SNAP Outreach Partnership Policy and Procedure Manual (Exhibit B, as may be amended).

5.6 Have the capabilities, including, but not limited to, staffing structure, availability of experienced staff and a modern technology framework to train Organizations in and ensure their compliance with the SNAP Community Partnership Policy and Procedure Manual. Contractor shall carry out such activity on a continuous basis.

5.7 Develop and conduct SNAP technical assistance training annually within the first quarter of their contract as identified in the SNAP Outreach Partnership Policy and Procedure Manual. Any such training and agenda shall be submitted to the HRP for review and approval at minimum a month prior to the training.

5.8 Participate in the ADES Hunger Advisory Council (HAC) and provide updates on activities, accomplishments, barriers, and best practices as related to this service.

5.9 Conduct activities identified in the annual SNAP Access and Information Plan which includes a comprehensive, coordinated effort to increase food security throughout the state.

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5.10 Develop and provide continuous outreach and public education designed to inform individuals and families with low or no income of the nutrition services available to them through federal nutrition assistance programs. Any outreach and public education materials shall be submitted to the HRP for review and approval prior to usage.

5.11 Develop and adhere to the Implementation Plan approved by the HRP for each contract period.

5.11.1 The Implementation Plan needs to be completed in accordance with the USDA/FNS SNAP State

Outreach Plan Guidance document (See https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAP_Outreach_Guide_%20July_2017.pdf)

5.11.2 Submit any proposed changes or revisions of the Implementation Plan to the HRP for approval within thirty (30) days of proposed effective date of changes.

5.12 Have the following established technological capabilities:

5.12.1 Operate and keep a current electronic mail distribution list throughout the term of the Contract.

5.12.2 The electronic mail distribution list will contain the names, titles, and email addresses of Organizations, frontline staff, supervisors of frontline staff, and program managers.

5.13 Establish the staffing structure, availability of experienced staff, and a modern technology framework to conduct, at a minimum, quarterly outreach orientations and training throughout the state to recruit SNAP Community Partners.

5.14 Conduct monthly partner call to provide training and technical assistance through an interactive web-based presentation platform. All training materials and agendas shall be submitted to the HRP for review and approval at minimum of one week prior to the call.

5.15 Have established technological capabilities, and operate, maintain and keep current throughout the term of the Contract, a website with a searchable statewide information and referral database which includes a map of Organization addresses, scopes of services, and days and hours of operation.

5.16 Reimburse Organizations at forty (40) percent of their reported total of actual allowable expenditures.

5.17 Conduct Site Visits and Monitoring in compliance with Exhibit B within the Organizations first twelve (12) months of enrollment.

5.17.1 Utilize the monitoring tool provided by HRP, as may be amended.

5.18 Develop, conduct, and analyze all surveys to measure the effectiveness of the program in compliance with Exhibit B.

5.18.1 All surveys shall be submitted to HRP for approval at least one month prior to conducting the surveys, HRP reserves the right to revise surveys.

6. Performance Measures

6.1 Evidence of performance measurement shall be provided in accordance with section 8.0 Reporting requirements.

https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAP_Outreach_Guide_%20July_2017.pdf https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAP_Outreach_Guide_%20July_2017.pdf

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6.1.1 100 percent of Organization’s staff engaged in SNAP application assistance have completed the annual SNAP outreach and eligibility training in accordance with sections 5.6 and 5.7 within the first quarter of their agreement.

6.1.2 100 percent of Contractor Key Staff and Organization frontline staff volunteers, as well as supervisors of frontline staff and volunteers have completed annual civil rights training, as developed and delivered by the HRP.

6.1.3 At least 90 percent of Organizations report that they are satisfied with support received in monthly training and technical assistance webinars.

6.1.4 Conduct 100 percent of Site Visits and Monitoring of Organizations within their first twelve (12) months of enrollment in compliance with Exhibit B.

6.1.5 Any modifications to the Performance Measures in this contract will be made by mutual agreement of the parties by Contract amendment. Either party may propose such changes for consideration and the agreed upon Performance Measures. Any Performance Measure modified accordingly shall become the basis of future performance monitoring.

7. Payment for Services

7.1 Reimbursement to the Contractor is in accordance with actual allowable costs incurred not to exceed the service reimbursement ceiling as stated in the Itemized Service Budget (Exhibit C, as may be amended).

7.2 Contractor shall be reimbursed for actual administrative monthly costs at five (5) percent of the total allowable expenditures identified in the SNAP Outreach Plan Guidance located in USDA’s website reported to the Contractor by Organizations (See https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAP_Outreach_Guide_%20July_2017.pdf).

7.2.1 ADES will not reimburse for actual costs that exceed the allowable five (5) percent.

7.3 Contractor shall be reimbursed monthly for forty (40) percent of the amount of total allowable expenditures reported by Organizations for the preceding month.

7.4 Contractor shall reimburse Organizations for allowable expenditures within thirty (30) days of receiving payment from ADES.

8. Reporting Requirements

8.1 The Contractor shall submit all notices/correspondence relevant to this contract electronically to the assigned Contract Specialist and coordinatedhungerreliefprogram@azdes.gov or as directed by ADES.

8.2 Submit an accurate and complete monthly Contractor’s Invoice into Division of Aging and Adult Reporting System (DAARS).

8.3 Submit the following reports no later than the 20th day following the end of each month:

8.3.1 Contractor Monthly Activity Report (Exhibit D, as may be amended) https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAP_Outreach_Guide_%20July_2017.pdf https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAP_Outreach_Guide_%20July_2017.pdf mailto:coordinatedhungerreliefprogram@azdes.gov

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8.3.2 Contractor Monthly Invoice Tracker (Exhibit E, as may be amended)

8.4 Submit prior to June 1st of each year, a proposed Itemized Service Budget (Exhibit C, as may be amended) for development of the SNAP Access and Information State Plan for the following fiscal year.

8.4.1 After review, negotiation, and acceptance by ADES, the Itemized Service budget for the next contract term will be amended into the contract.

8.5 Submit prior to June 1st of each year, a proposed Implementation Plan.

8.6 Submit a Quarterly Narrative Report to include, at a minimum:

8.6.1 A summary of performance using the outcomes and evaluation measures identified in each project of the SNAP Access and Information State Plan;

8.6.2 A description of the efforts made to recruit new Organizations and an explanation of any Organization-initiated participation terminations;

8.6.3 A description of any instances of an Organization becoming noncompliant with requirements, the corrective action plan developed and implemented to bring the Organization into compliance, and the results of the corrective action;

8.6.4 A list of all training and outreach material developed by or under the authority of the Contractor with a short description of the material;

8.6.5 Contractor-developed ideas and strategies that can be used to increase collaboration and leverage resources with the goal of providing clients and prospective clients with holistic nutrition assistance services while reducing overall program administration costs.

8.7 Submit an Annual Narrative Report no later than 45 days following the end of the contract term to include, at a minimum:

8.7.1 A summary of results from all surveys taken by clients or Organizations.

8.8 Submit by June 1st of each year, partner agreements and supporting documentation as identified in the SNAP Community Partnership Policy and Procedure Manual for approval. HRP to provide specific detail via email annually per USDA’s guidance.

8.9 Submit by December 1st of each year, a Monitoring Evaluation Tool to be used for monitoring visits, to include programmatic, financial, and administrative sections.

8.10 Current certificate(s) of Insurance as required in the Special Terms and Conditions within ten (10) days of contract execution.

ADES Special Terms and Conditions

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1. Definition of Terms

In addition to the Uniform Terms and Conditions, Section 1, the following shall apply:

1.1 “Award Date” The date the Contract is executed by the Department. This may or may not be the same date as the “Effective Date” which is the date specified on the Offer and Award or Signature Page.

1.2 “Client Specific Referral” Services or activities for which a referral has been made for a client by an authorized representative of the Department.

1.3 “Department” The Arizona Department of Economic Security (ADES), unless otherwise indicated.

1.4 “Effective Date” The date the Contractor is to start delivering services. The Effective Date is specified on the Offer and Award or Signature Page.

1.5 “Equipment” All vehicles, furniture, machinery, electronic data processing (EDP) equipment, software and all other equipment costing $5,000.00 or more, including all normal and necessary expenses incurred to make the equipment ready for its intended use (e.g., taxes, freight, installation, assembly and testing charges, etc.), and with a useful life of greater than one (1) year. Equipment as used herein does not include real property (e.g., land, building, structures, or facilities’ improvements).

1.6 “May” Indicates something that is not mandatory but permissible.

1.7 “Purchase Order” also known as “Purchase Authorization” or “Release Order” is an authorized document to procure goods or services.

1.8 “Shall, Must” Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of a proposal as non-responsive.

1.9 “Should” Indicates something that is recommended but not mandatory. If the Contractor fails to provide recommended information, the State may, at its sole option, ask the Contractor to provide the information.

2. Advertising, Publishing and Promotion of Contract

In addition to the Uniform Terms and Conditions, Section 3.6, the following shall apply:

2.1 The Contractor shall provide to the Department for review and approval all reports or publications (written, visual or sound) which are funded or partially funded under this Contract, a minimum of fifteen (15) calendar days prior to public release. All reports and publications whether written, visual or verbal shall contain the following statement:

2.1.1 “This program was funded through a contract with the Arizona Department of Economic Security.

Points of view are those of the author and do not necessarily represent the official position or policies of the Department.”

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3. Assignment

In addition to the Uniform Terms and Conditions, Section 5.3, the following shall apply:

3.1 Merger, Reorganization or Change of Ownership

3.1.1 A proposed merger, reorganization or change in ownership of the Contractor shall require prior written approval of the Department and may require an assignment of the Contract documented by a Contract Amendment. The Department may terminate this Contract pursuant to the Termination clauses of the Contract, if the Contractor does not obtain prior written approval or the Department determines that the change in ownership is not in the best interest of the State.

3.1.2 This Contract is voidable and subject to immediate cancellation by the Department upon the Contractor becoming insolvent, or filing proceedings in bankruptcy or reorganization under the United States Code, or assigning any right(s) or obligations under this Contract without the prior written consent of the Department.

3.1.3 The Contractor shall submit a detailed merger, reorganization and/or transition of ownership plan to the Department, for review at least sixty (60) days prior to the effective date of the proposed change.

4. Audit

In addition to the Uniform Terms and Conditions, Section 3.3, the following shall apply:

4.1 In compliance with the Federal Single Audit Act (31 U.S.C. § 7501-7506 as may be amended), Contractors designated as sub-recipients shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as prescribed in 2 C.F.R. § 200.

4.2 Audits of non-profit corporations receiving Federal or State monies are required pursuant to Federal or

State law and shall be conducted as provided in 31 U.S.C. § 7501-7506, and A.R.S. § 35-181.03, as may be amended, and any other applicable statutes, rules, regulations, and standards.

4.3 In accordance with A.R.S. § 35-214, the Contractor shall retain and shall contractually require each subcontractor to retain all data, books and other records (“records”) relating to this Contract for a period of five (5) years after completion of the Contract, except if subject to Health Insurance Portability & Accountability Act which is six (6) years. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce the original of any or all such records.

5. Authorization for Services

5.1 Authorization for performance of services under this Contract shall be made only upon the issuance of a duly authorized Purchase Order (also referred to as Purchase Authorization or Release Order). The Purchase Order will indicate the Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. The Department shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order.

5.2 No further obligation for payment shall exist on behalf of the Department unless:

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5.2.1 The Purchase Order is changed or modified with an official procurement change order, and/or

5.2.2 An additional Purchase Order is issued for purchase of services under this Contract.

6. Certification of Cost or Pricing Data

By submittal of the offer, the Contractor is certifying that, to the best of the Contractor’s knowledge and belief, any cost or pricing data submitted is accurate, complete and current as of the date submitted or other mutually agreed upon date. Furthermore, the price to the State shall be adjusted to exclude any significant amounts by which the State finds the price was increased because the Contractor-furnished cost or pricing data was inaccurate, incomplete or not current as of the date of certification. Such adjustment by the State may include overhead, profit or fees. The certifying of cost or pricing data does not apply when contract rates are set by law or regulation.

7. Certification Regarding Lobbying

The Contractor agrees by submittal of the Certification Regarding Lobbying form, in compliance with 49 C.F.R. Part 20.

8. Code of Conduct

The Contractor shall avoid any action that might create or result in the appearance of having:

8.1 Inappropriate use or divulging of information gathered or discovered pursuant to the performance of its duties under the contract;

8.2 Acted on behalf of the State without appropriate authorization;

8.3 Provided favorable or unfavorable treatment to anyone;

8.4 Made a decision on behalf of the State that exceeded its authority, could result in partiality, or have a political consequence for the State;

8.5 Misrepresent or otherwise impeded the efficiency, authority, actions, policies, or adversely affect the confidence of the public or integrity of the State; or

8.6 Loss of impartiality when advising the State.

9. Competitive Bidding

If the Contractor is authorized to purchase the supplies and equipment itemized in the Contract for utilization in the delivery of contract services, Contractor shall procure all such supplies and equipment at the lowest practicable cost and shall purchase all non-expendable items having a useful life of more than one (1) year and an acquisition cost of $1,000 or more, through generally accepted and reasonable competitive bidding processes. Any procurement in violation of this provision shall be considered a financial audit exception.

10. Compliance with Applicable Laws

In addition to the Uniform Terms and Conditions, Section 7.6, the following shall apply:

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10.1 In accordance with A.R.S. § 36-557 as may be amended (Purchase of community developmental disabilities services; application; contracts; limitation), as applicable, all recipients of contract services shall have all of the same specified rights as they would have if enrolled in a service program operated directly by the State.

10.2 The Contractor shall comply with the requirements related to reporting to a peace officer or child protective services incidents of crimes against children as specified in A.R.S. §13-3620 as may be amended.

10.3 The Contractor shall comply with P.L. 101-121, Section 319 (31 U.S.C. section 1352) as may be amended, and 29 C.F.R. Part 93 as may be amended which prohibit the use of federal funds for lobbying and which state, in part: Except with the express authorization of Congress, the Contractor, its employees or agents, shall not utilize any federal funds under the terms of this contract to solicit or influence, or to attempt to solicit or influence, directly or indirectly, any member of Congress regarding pending or prospective legislation. Indian tribes, tribal organizations and any other Indian organizations are exempt from these lobbying restrictions with respect to expenditures that are specifically permitted by other federal law.

10.4 The Contractor shall comply with all applicable state and federal statutes and regulations. This shall include

A.R.S. § 23-722.01 as may be amended relating to new hire reporting, A.R.S. § 23-722.02 as may be amended relating to wage assignment orders to provide child support, and A.R.S. § 25-535 as may be amended relating to administrative or court-ordered health insurance coverage for children.

10.5 The Contractor shall comply with the Administrative Simplification rules in Title II of the Health Insurance

Portability and Accountability Act of 1996 (Public Law 104-191) and all Federal regulations that are applicable to the operations of the Contractor by the dates required by the implementing Federal regulations as well as all subsequent requirements and regulations as published.

11. Confidentiality

11.1 The Contractor shall observe and abide by all applicable State and federal statutes, rules and regulations regarding the use or disclosure of information including, but not limited to, information concerning applicants for and recipients of contract services. To the extent permitted by law, the Contractor shall release information to the Department and to the Attorney General's Office as required by the terms of this Contract, by law or upon their request.

11.2 The Contractor shall comply with the requirements of Arizona Address Confidentiality Program, A.R.S. §41-

161 et. seq. The Arizona Department of Economic Security will advise the Contractor as to applicable policies and procedures the Arizona Department of Economic Security has adopted for such compliance.

12. Contract Term and Option to Extend

12.1 The term of the resultant Contract shall be effective the date specified on the Offer and Award or Signature page and shall remain in effect for one (1) year or as otherwise specified, unless terminated, cancelled, or extended as otherwise provided herein.

12.2 The State has no obligation to extend or renew this Contract. However, the State shall have the right, at its sole option, to renew the Contract in accordance with any extensions the State may receive for supplemental periods up to a maximum Contract term of five (5) years. In the event that the State exercises such right, all terms, conditions and provisions of the original Contract shall remain the same and apply

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12.3 Any extension or renewal must be made prior to the end of the Contract period specified in this Contract.

12.4 The Contractor shall not provide services prior to Contract term commencing or after the end date of the

Contract. There shall be no billable activity outside of the Contract effective dates.

13. Cooperation with the Department’s Investigation

All contractors, providers, vendors and volunteers are to cooperate fully and truthfully with any ADES investigation, including but not limited to an Investigation by Division or Internal Affairs. Failure to adhere to this policy may result in ADES taking whatever actions it deems appropriate, from removal of the subject and or witness from working with ADES clients up to terminating the Contract with ADES.

14. Data Sharing Agreement

14.1 When determined by the Department that sharing of confidential data will occur with the Contractor, the

Contractor shall complete the ADES Data Sharing Request Agreement and submit the completed Agreement to the ADES Program Designated Staff prior to any work commencing or data shared. A separate Data Sharing Request Agreement shall be required between the Contractor and each DES Program sharing confidential data.

14.2 The Data Sharing Request Agreement is located at: http://des.az.gov/documents-center. In the “Search” field type “Data Sharing” and click “Apply”. The search will produce the following results:

14.2.1 Document Number J-119-Single (For requests involving a single division or program).

14.2.2 Document Number J-119-Multi (For requests involving multiple divisions or programs).

15. Equipment

15.1 If the Contractor is authorized to purchase Equipment, it shall be itemized in the Contract for utilization in the delivery of contract services. If Equipment is purchased as authorized by this Contract, the Contractor shall maintain complete and up-to-date inventory records for all Equipment purchased hereunder.

Equipment specifically designated within this Contract, to be purchased in whole or part with the Department funds, shall be reported in accordance with Department inventory policies and procedures. The Contractor shall report Equipment purchased with contract funds to the Department within thirty (30) days of purchase, perform an annual inventory of all Equipment purchased with Department funds and submit the Equipment inventory form to the Department person designated to receive notices.

15.2 The Department shall retain an equitable interest equal to the purchase price paid, or a fair estimate or appraisal of current market value, whichever is greater, in all Equipment purchased under this Contract.

The Department shall be included as a co-insured on any insurance policy which covers Equipment purchased under this Contract.

15.3 The Contractor shall not dispose of any Equipment purchased under this Contract without the prior written consent of the Department during and after the Contract term. Such consent, if given, may include direction as to the means of disposition and the utilization of proceeds, including any necessary adjustments to the Contract.

http://des.az.gov/documents-center

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15.4 Upon termination of this Contract, any Equipment purchased under this Contract shall be disposed of as directed by the Department and, if sold, the Department shall be compensated in the amount of its equitable interest.

15.5 Under a fixed price contract, Section 15.1 through 15.4 do not apply unless specifically required by federal or state law.

16. Evaluation

16.1 The Department may evaluate, and the Contractor shall cooperate in the evaluation of, contract services.

Evaluation may assess the quality and impact of contract services, either in isolation or in comparison with other similar services and assess the Contractor's progress and/or success in achieving the goals, objectives and deliverables set forth in this Contract.

16.2 As requested by the Department, the Contractor shall participate in third-party evaluations relative to

Contract impact in support of Department goals.

17. E-Verify

In addition to the Uniform Terms and Conditions, Section 3.12, the following shall apply:

17.1 The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, A, as may be amended. (That subsection reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program.”)

17.2 A breach of a warrant regarding compliance with immigration laws and regulations shall be deemed a material breach of the Contract and the Contractor may be subject to penalties up to and including termination of the Contract.

17.3 Failure to comply with a State audit process to randomly verify the employment records of contractors and subcontractors shall be deemed a material breach of the Contract and the Contractor may be subject to penalties up to and including termination of the Contract.

17.4 The Department retains the legal right to inspect the papers of any employee who works on the Contract to ensure that the Contractor or subcontractor is complying with the warranty above.

18. Fair Hearings and Service Recipients' Grievances

18.1 The Contractor shall advise all applicants for and recipients of contract services of their right, at any time and for any reason, to present to the Contractor and to the Department any grievances arising from the delivery of contract services, including, but not limited to, ineligibility determination, reduction of services, suspension or termination of services, or quality of services. The Department may assert its jurisdiction to hear the grievance or refer the matter to the appropriate authority.

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18.2 The Contractor, whenever authorized by law, shall maintain a formal system acceptable to and approved by the Department for reviewing and adjudicating grievances by service recipients or subcontractors arising from this Contract.

19. Federal Immigration and Nationality Act

In addition to the Uniform Terms and Conditions, Section 3.11, the following shall apply:

19.1 By entering into the Contract, the Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA) and all other Federal immigration laws and regulations related to the immigration status of its employees. The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor's Immigration and Control Act, for all employees performing work under the Contract. I-9 forms are available for download at USCIS.GOV.

19.2 The State may request verification of compliance for any Contractor or subcontractor performing work under the Contract.

20. Fees and Program Income

Unless specifically authorized in the Contract, the Contractor shall impose no fees or charges of any kind upon recipients for contract services.

21. Inclusive Contractor

Contractor is encouraged to make every effort to utilize subcontractors that are small, women-owned and/or minority owned business enterprises. This could include subcontractors for a percentage of the administrative or direct service being proposed. Contractor who is committing a portion of its work to such subcontractors shall do so by identifying the type of service and work to be performed by providing detail concerning the Contractor’s utilization of small, women-owned and/or minority business enterprises. Emphasis should be placed on specific areas that are subcontracted and percentage of contract.

22. Indemnification and Insurance

22.1 Indemnification

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the

Solicitation Requirements Available Online at https://app.az.gov Page 15 of 46 negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission, or university of the State of Arizona.

22.2 Insurance Requirements

22.2.1 Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

22.2.2 The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

22.3 Minimum Scope and Limits of Insurance

The Contractor shall provide coverage with limits of liability not less than those stated below.

22.3.1 Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Damage to Rented Premises $ 50,000 Each Occurrence $1,000,000

22.3.1.1 The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

22.3.1.2 Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

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22.3.2 Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

22.3.2.1 Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

22.3.2.2 Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards,

22.3.3 Workers’ Compensation and Employers' Liability

Workers' Compensation Statutory Employers' Liability

Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

22.3.3.1 Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards,

22.3.3.2 This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

22.4 Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

22.4.1 The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41- 621 (E).

22.4.2 Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

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22.5 Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (the DCAD Contract Specialist or as directed by ADES).

22.6 Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.

Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

22.7 Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract, including, without limitation, policy renewals. An authorized representative of the insurer shall sign the certificates.

22.7.1 All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

22.7.2 Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

22.7.3 All certificates required by this Contract shall be sent directly to the Department. The State of

Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

22.8 Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of this contract, proof from the Contractor that its subcontractors have the required coverage.

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22.9 Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract Amendment but may be made by administrative action.

22.10 Exceptions

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

23. IT 508 Compliance

Unless specifically authorized in the Contract, any electronic or information technology offered to the State of Arizona under this Contract shall comply with A.R.S. 41-3531 and 3532 as may be amended and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities.

24. Levels of Service

24.1 If the Contractor determines service recipient eligibility, the Contractor shall maintain and regulate the units or services set forth in this Contract to ensure continuity and availability of services to eligible persons during the term of this Contract and during any transition to a subsequent contractor.

24.2 The Department makes no guarantee to purchase specific quantities of goods or services, or to refer eligible persons as may be identified or specified herein. Further, it is understood and agreed that this Contract is for the sole convenience of the Department and that the Department reserves the right to obtain like goods or services from other sources when such need is determined necessary by the Department.

24.3 Any administration within the Department may obtain services under this Contract.

24.4 Contract services may be moved or expanded to other site locations within the geographic area awarded only by a written Contract Amendment.

24.5 The Department makes no guarantee to purchase all of the service units authorized or to provide any number of referrals. If quantities of units are specified, they are estimates only and the Department may decrease and/or increase them by providing written notice to the Contractor.

24.6 When the method of compensation for the service is Fixed Price with Price Adjustment, the Contract may be amended, by mutual agreement, to purchase additional services by increasing the contract itemized service budget and/or budget summary.

25. Limited English Proficiency

The Contractor shall ensure that all services provided are culturally relevant and linguistically appropriate to the population to be served following the ADES Policy, Limited English Proficiency, DES 1-01-34. To ensure

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