CTR065009_Contract_Documents.pdf

AARP Foundation

601 E Street NW

Washington DC 20049

Patricia D. Shannon, SVP & CFO

Patricia D. Shannon, SVP & CFO tshannon@aarp.org 202-434-3399

CTR065009

July 1, 2023

22 March 23

Solicitation Requirements Request for Proposal (RFP)

Solicitation No.: BPM005041

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 2 of 55

Table of Contents

Section Page

Scope of Work

ADES Special Terms and Conditions

Uniform Terms and Conditions

Exhibit A - Summary of Grantee/Subgrantee Goals

Exhibit B – SCSEP Policy and Procedure Manual

Exhibit C – Itemized Service Budget

Scope of Work

Solicitation No.: BPM005041

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 3 of 55

Scope of Work

1. Arizona Department of Economic Security (ADES) Mission and Vision Statements

1.1 ADES Mission: ADES 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 Purpose Statement: The purpose of this Scope of Work is to outline the duties and responsibilities of the Contractor in order to facilitate and coordinate the Senior Community Service Employment Program (SCSEP). Contractor shall assist eligible individuals in addressing work-related skill gaps through Community Service Assignments within the designated service delivery area at a governmental or non-profit agency (also referred to as a Host Agency) and subsequently secure unsubsidized employment.

The ADES SCSEP service delivery areas consist of the following counties in Arizona: Apache, Coconino, Gila, Maricopa, Mohave, Navajo, Pima, Pinal, and Yavapai.

2.2 Legal Authority: Arizona Revised Statute (A.R.S.) § 41-1954(A)(6) provides ADES the authority to enter into contract and incur obligation within the general scope of activities and operations.

2.3 Projected Awards: It is the intent of ADES to award a single contract for this service. The anticipated start date is July 1, 2023. The contract will be established with an initial term of one (1) year with extension options in accordance with the Special Terms and Conditions, Section 13.

2.4 Projected Utilization: The approximate number of SCSEP participants to be served annually will be in accordance with the Equitable Distribution process as determined by the U.S. Department of Labor, Employment and Training Administration (DOL/ETA).

2.5 Funding:

2.5.1 Sources: Services may be funded through various sources including, but not limited to, DOL/ETA, the United States Department of Health, and Human Services (USDHHS) Administration for Community Living, and Arizona State General Funds.

2.5.2 OAA Regulations Ten Percent (10% Match): In accordance with the Older Americans Act (OAA), as may be amended, and the Division of Employment and Rehabilitation Services (DERS) policies, as may be amended, Host Agencies are required to provide a ten percent (10%) match for all services funded.

The match shall consist of non-federal cash and in-kind contributions and shall be expended for goods and services necessary for and specifically identifiable to the contract. Program income cannot be utilized to meet the match requirements. Program income is defined as gross income earned by the recipient from activities part or all the cost of which is either borne as a direct cost by the grant or counted as a direct cost toward meeting a cost sharing or matching requirement of the grant.

2.5.2.1 Ten Percent (10%) Match Formula: Non-federal in-kind/cash match requirement for OAA funding is calculated using the following formula: ((funds allocated) x (.10))/.90.

2.5.3 Annually: The estimated amount of annual available funding is determined by DOL/ETA and directly connected to the total number of authorized participant positions as determined by Equitable Distribution.

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 4 of 55

ADES cannot guarantee the available funding for any given year. ADES will notify the contractor of the available funding amount and changes that may occur throughout the contract Term.

2.5.4 Program funding shall be allocated and used in the following areas:

2.5.4.1 Employee Wages and Fringe (EWF) - Funding identified for participant salaries and benefits. It is expected that seventy-five percent (75%) of the allocated funds to be used in this category.

2.5.4.2 Other Participant Costs (OPC) – Funding identified for participant training, including, but not limited to, the payment of reasonable costs to instructors; classroom rental; training supplies, materials, equipment, and tuition and which may be provided on the job or in conjunction with a Community Service Assignment, in a classroom setting or under other appropriate arrangements; job placement assistance, including job development and job search assistance; participant supportive services to assist a participant to successfully participate in a project, including the payment of reasonable costs of transportation health care and medical services, special job-related or personal counseling, incidentals (such as work shoes, badges, uniforms, eyeglasses, and tools); child and adult care, temporary shelter and follow up services; outreach, recruitment and selection, intake orientation and assessments.

2.5.4.3 Title V Administration (ADM) - Funding identified for contractor’s other (non-EWF and OPC) costs.

3. Service Description

3.1 Arizona Taxonomy Definition: Supported Employment - A service that provides job development, assistance in matching the individual with an integrated competitive job and intensive time-limited supports to an employed individual once placed.

3.2 Actual Service Description:

3.2.1 SCSEP is a community service work-based job training program for unemployed low-income older

Americans, aged 55 years or older (hereinafter referred to as Participant), who have one or more barriers to acquiring unsubsidized employment.

3.2.2 Participants gain work experience in a variety of community service activities at nonprofit and public agencies. Participants work an average of twenty (20) hours per week and are paid the highest of the federal, state, or local minimum wage. The job training serves as a bridge to civic engagement, skills enhancement, and aids in the attainment of unsubsidized employment for the Participant.

3.2.3 Participants are further aided by SCSEP collaboration with other career services, through referrals, special skills training, enrollment in other workforce development programs and other opportunities to build a trained, qualified, and reliable workforce.

3.3 Service Eligibility Requirements/Target Population:

3.3.1 Participants must be at least fifty-five (55) years or older, an Arizona resident, unemployed and have a family income of no more than 125 percent (125%) of the federal poverty level.

3.3.2 Priority of service will be given to those who meet one or more of the following: are veterans, sixty-five (65) years or older, have a disability, have limited English proficiency, low literacy skills, reside in a rural area, have low employment prospects, have failed to find employment after utilizing

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 5 of 55 services provided under Title I of WIOA, are homeless or at-risk for homelessness, and/or have been recently incarcerated.

3.4 Background:

3.4.1 DOL/ETA determines the number of Modified Positions for the service delivery area by calculating funding, the minimum wage in each county and the number of participants authorized in each county. These numbers may be adjusted quarterly, as necessary. Current SCSEP Modified Positions for Program Year 2022 (PY22) are as follows:

3.4.1.1 Apache County (6);

3.4.1.2 Coconino County (4);

3.4.1.3 Gila County (3);

3.4.1.4 Maricopa County (23);

3.4.1.5 Mohave County (5);

3.4.1.6 Navajo County (7);

3.4.1.7 Pima County (5);

3.4.1.8 Pinal County (5); and

3.4.1.9 Yavapai County (5).

3.4.2 Funding is allocated based on the authorized positions per county and is to be used in the areas specified in accordance with the Itemized Service Budget. The table below indicates the funding allocated in PY22 (July 1, 2022 – June 30, 2023).

Funding Category PY22 Funding Employee Wages & Fringe (EWF) $833,164 Other Participant Costs (OPC) $68,950 Title V Administration (ADM) $70,475 Total Costs $972,589

4. Definitions

4.1 “Contract” means all types of state agreements, regardless of what they may be called, for the procurement of materials, services, construction, construction services or the disposal of materials [see A.R.S. § 41- 2503.7];

4.2 "Contractor" means any person who has a contract with a state governmental unit [see A.R.S. § 41-2503.9] is an entity that carries out a Federal award as a subrecipient/subgrantee;

4.3 “Community Service Assignment” a training placement where a participant is assigned to receive work experience on a part-time basis at a Host Agency.

4.4 “Host Agency” is a government entity, Indian tribe, public institution of higher education (IHE), or nonprofit organization where participants are placed in Community Service Assignments.

4.5 “Pass-through Entity” means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program [see 2 CFR 200.74]

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 6 of 55

4.6 “Federal award” has the meaning, depending on the context, in either paragraph (a) or paragraph (b) of this section:

(a) (1) The Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a Pass-through Entity, as described in 2 CFR §200.101 Applicability; or

(2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a Pass-through Entity, as described in 2 CFR §200.101 Applicability.

(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph

(b) of 2 CFR §200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. [2 CFR 200.74]

4.7 “Subaward” means an award provided by a Pass-through Entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the Pass-through Entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A Subaward may be provided through any form of legal agreement, including an agreement that the Pass-through Entity considers a contract. [2 CFR 200.92]

4.8 “Subrecipient/Subgrantee” means a non-Federal entity that receives a Subaward from a Pass-through Entity to carry out part of a Federal program but does not include an individual that is a beneficiary of such a program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. [2 CFR 200.93]

4.9 “Modified Positions” means the authorized positions defined by equitable distribution (ED) for each program year adjusted for state, county and local based on the minimum wage.

5. Requirements

The Contractor shall:

5.1 General

5.1.1 Have knowledge, experience, and/or the capacity to administer a federal grant and successfully meet all metrics of a grant, as applicable.

5.1.2 Comply with all applicable state and federal laws and regulations, for the administration and implementation of SCSEP and use of federal funds, located at SCSEP Regulations, as may be amended, including but not limited to the following:

a) The Older Americans Act of 1965; (2016 amendments);

b) Workforce Innovation and Opportunity Act of 2014;

c) Jobs for Veterans Act of 2002;

d) Fair Labor Standards Act of 1938;

e) Americans with Disabilities Act of 1990;

f) Age Discrimination Act of 1975;

g) Age Discrimination in Employment Act of 1967;

h) Consolidated Appropriations Act of 2018;

i) 45 CFR Part 74, Uniform Administrative Requirements;

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 7 of 55

j) 45 CFR 1321 and 45 CFR 1326; Grants to State and Community Programs on Aging;

k) 20 CFR Part 641, The Senior Community Service Employment Program;

l) 20 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards; and

m) Training and Employment Guidance Letters (TEGLs) and OMBs issued by the DOL/ETA at

DOL/ETA Directives.

5.1.3 Comply with all policies and procedures for the administration and implementation of SCSEP in accordance with the SCSEP Policy and Procedure Manual (Exhibit B), as may be amended, located at: https://des.az.gov/sites/default/files/media/SCSEP-Permanent-Policy- Manual.pdf?time=1673023559298 requests can be made to derswfpolicy@azdes.gov .

5.1.4 Provide SCSEP services that are culturally relevant and linguistically appropriate to the population being served.

5.1.5 Develop partnerships and network with related local and/or state programs to provide timely resolution to address participant needs, issues and expand program services.

5.1.6 Coordinate employment plans and resources with Workforce Innovation and Opportunity Act (WIOA) partners, ARIZONA@WORK, and leveraging resources.

5.1.7 Comply with discretionary grants approved by DOL/ETA, as described in the Policy Manual (Exhibit B), as may be amended.

5.1.8 Ensure SCSEP program managers and staff have a sufficient understanding of case management.

5.1.9 Ensure all staff are knowledgeable and understand the challenges that face older workers and the local labor market and all applicable SCSEP rules and regulations.

5.1.10 Establish and/or maintain policies and procedures that include, at a minimum, detailed intake procedures, program descriptions, eligibility requirements, program participant grievance procedures, non-discrimination policies and the protection of participants’ personal identification information and overall handling of confidential information requirements.

5.1.11 Provide facility locations that are participant-focused and offer sufficient waiting space or waiting rooms, adequate seating, and restrooms for program applicants.

5.1.12 Provide services without fees to participants.

5.2 Participant Recruitment

5.2.1 Recruit participants according to the enrollment priorities outlined in SCSEP Policy and Procedure Manual (Exhibit B), as may be amended, and the number of participants in accordance with authorized positions allocated for the service delivery area by DOL/ETA’s Equitable Distribution.

5.2.2 Comply with special recruiting preferences in accordance with the SCSEP Policy and Procedure Manual (Exhibit B), as may be amended and monitor and report efforts to serve the target populations.

5.3 Eligibility Determination/Recertification

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 8 of 55

5.3.1 Provide services to participants that meet the eligibility requirements described in the Policy Manual (Exhibit B), as may be amended.

5.3.2 Conduct recertification of eligibility for all participants, March 1 through May 30 of each program year.

5.3.3 Comply with the income eligibility guidelines, determination, calculation, and documentation processes as outlined in DOL/ETA, TEGL 12-06 as may be amended.

5.3.4 Place applicants found eligible for SCSEP, but for which no authorized position is currently available, on an official waiting list and manage the wait list to maximize program enrollment and participation by eligible individuals.

5.4 Enrollment of Participants

5.4.1 Ensure participants are not assigned to Community Service Assignments in which there exists a conflict of interest or supervision by a family member.

5.4.2 Ensure participants do not volunteer or work unpaid hours at Community Service Assignment locations.

5.4.3 Ensure that participants are provided the option to participate in an annual physical examination, and document their acceptance or waiver of the exam, as applicable.

5.4.4 Ensure that no participant exceeds the Individual Durational Limit (IDL) of 48 months and that the average aggregate IDL for all participants does not exceed 27 months.

5.4.5 Maintain and enforce the Individual Durational Limit (IDL) policy that ensures equitable and uniform practices for all SCSEP participants reaching their IDL, including written notice and transition strategies at 36 months, 42 months, and 47 months.

5.4.6 Adhere to participant termination policies as outlined in SCSEP Policy and Procedure Manual (Exhibit B), as may be amended, and approved by the DOL/ETA and provide a copy to participants and Host Agencies.

5.4.7 Provide a copy of the approved grievance policy to all applicants and participants.

5.5 Assessment of Participants

5.5.1 Assess each participant for the most suitable assignment and identify appropriate employment, training, and community service goals.

5.5.2 Ensure assessments are in consultation with the participant and include:

a) Participant’s preference of occupational category;

b) Work history;

c) Skills and aptitude;

d) Interests and talents;

e) Physical capabilities;

f) Need for supportive services;

g) Potential for performing proposed community service employment duties; and

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 9 of 55

h) The potential for transition to unsubsidized employment.

5.5.3 Ensure the assessment of each participant considers his or her physical capabilities. Assessment of physical capabilities shall be consistent with Section 504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act of 1990, as amended.

5.5.4 Allow the substitution and utilization of assessments for participants that are prepared by another employment or training program such as the WIOA program or one prepared by ADES, if the training program prepared the assessment within the past twelve (12) months.

5.5.5 Train all necessary personnel on the use and preparation of the participant assessment.

5.6 Participant Training and Individual Employment Plan (IEP)

5.6.1 Utilize assessment or reassessment of participants as a basis for developing or amending an IEP.

The IEP will be developed and amended in partnership with the participant to reflect the needs and expressed interests of the participant in the employment goal.

5.6.2 Review the participant IEP every six (6) months or more often, if appropriate to evaluate the progress of each participant in:

a) Meeting the objectives of the IEP;

b) Determining each participant’s potential to transition t unsubsidized employment;

c) Determining the appropriateness of each participant’s current Community Service

Assignment;

d) Reviewing progress made toward meeting his or her training and employment objectives;

and

e) Identifying new training or supportive service needs.

5.6.3 Retain the initial IEP and all subsequent revisions in the participant case file.

5.6.4 Seek community service employment assignments that permit the most effective use of each participant’s skills, interests, and aptitudes. Participants may be assigned to a different Community Service Assignment if it will:

a) Provide greater opportunity to use a participant’s skills and aptitudes;

b) Provide work experience that will enhance the potential for unsubsidized employment;

and/or;

c) Otherwise serve the best interests of the participant.

5.7 Participant Orientation

5.7.1 Conduct an orientation with a participant within ten (10) days of enrollment on the following topics:

a) The goals and objectives of SCSEP;

b) The paid and unpaid training opportunities and support services available;

c) The availability of a free annual physical examination;

d) The Community Service Assignment and job description;

e) The roles and responsibilities of the Host Agency, Host Agency supervisor and program staff;

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 10 of 55

f) The participant’s rights and responsibilities;

g) The participant’s assessment skills, knowledge, and abilities;

h) The participant’s IEP and updating IEP process;

i) The permitted and prohibited political activities of the program;

j) The program termination and grievance policies and procedures; and,

k) Participant’s goals and objectives as to how the participant specifically plans to transition to unsubsidized employment.

5.7.2 Include in the orientation the administrative policies and procedures for the following:

a) Holiday and sick leave;

b) Health and safety-related to participant’s Community Service Assignment;

c) Roles of the participant, Host-Agency, Host-Agency supervisor, program staff; and

d) Durational limit policy, located in the SCSEP Policy and Procedure

Manual, as may be amended.

5.7.3 Include in the orientation an overview of the following federal acts, as may be amended, to include but not limited to:

a) The Older Americans Act (OAA);

b) The Workforce Innovations and Opportunity Act;

c) The Americans with Disabilities Act;

d) The Drug-free Workplace Act; and,

e) The Age Discrimination in Employment Act.

5.8 Participant Supportive Services

5.8.1 Identify and document in the participants’ IEP all supportive services necessary to aid in successfully achieving goals and objectives of the participant’s Community Service Assignment.

These services may include, but are not limited to:

a) Transportation;

b) Health and medical services;

c) Special job related or personal counseling;

d) Incidentals such as work shoes, badges, uniforms, safety or eyeglasses and tools;

e) Dependent care;

f) Housing, including temporary shelter; and

g) Needs related payments.

5.8.2 Clearly indicate justification in case notes/case file the need for the supportive services and how the support service will aid the participant toward self-sufficiency and provide support services as needed by following the SCSEP Policy and Procedure Manual (Exhibit B).

5.8.3 Form local partnerships with social service professionals and community agencies to enhance the sharing and delivery of supportive services to maximize and leverage resources available to participants.

5.9 Community Service Assignments (CSA)

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 11 of 55

5.9.1 Ensure that Community Service Assignments are at organizations or agencies that contribute to the general welfare of the community, provide services related to publicly owned and operated facilities or sponsored by organizations other than political parties, exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986.

5.9.2 Provide participants with the opportunity to assist in the administration of SCSEP, as a program representative, if the assignment is consistent with IEP goals and objectives, at the discretion of the contractor.

5.9.3 Ensure that participants are not assigned to a Community Service Assignment that involves the construction, operation or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship, or assigned to work that primarily benefits private, profit-making organizations.

5.9.4 Provide participants an average of twenty (20) hours per week for training at CSAs. Additional hours may be temporarily offered universally across the program in order to meet programmatic metrics, with prior approval from ADES.

5.9.5 Ensure that to the extent possible, participant training hours are during normal operating hours.

5.9.6 Enforce the requirement of participants to seek unsubsidized employment each week while enrolled in the program and require job logs submitted with timecards.

5.9.7 To the extent possible, assign participants to Community Service Assignments in or near their home communities.

5.9.8 Comply with all requirements for the exit of participants from the program, as outlined in the SCSEP Policy and Procedure Manual (Exhibit B). For participants who may be exited for cause, Contractor will fully document all incidents, and maintain all warnings, correspondence and other relative documentation in participant case notes and case file.

5.10 Host Agency Recruitment

5.10.1 Recruit Host Agencies to meet participant employment goals and objectives as outlined by the Department of Labor/Employment Training Administration Summary of Grantee/Subgrantee Goals (Exhibit A).

5.10.2 Conduct orientations with Host Agencies in accordance with the Host Agency Handbook contained in the SCSEP Policy and Procedure Manual (Exhibit B).

5.10.3 Conduct inspections of Host Agencies to assure that the working conditions and treatment of the participants are consistent with SCSEP regulations and DERS SCSEP Policy, and Procedure Manual (Exhibit B) Inspection will be conducted every six (6) months, but no less than annually.

5.10.4 Monitor Host Agencies to ensure protection from maintenance of effort requirements as follows:

a) Must not reduce the number of employment opportunities or vacancies that would otherwise be available to individuals not participating in the program;

b) Must not displace currently employed workers (including partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits);

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 12 of 55

c) Must not impair existing contracts or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed; and

d) Must not employ or continue to employ any eligible individual to perform the same work or substantially the same work as that performed by any other individual who is on layoff.

(OAA § 502(b)(1)(G)).

5.11 Partnerships and Collaboration

5.11.1 Develop partnerships and network with WIOA partners to assist participants in achieving their goals and objectives of unsubsidized employment, to include but not limited to:

a) Veterans services;

b) Public Assistance services;

c) Vocational Rehabilitation;

d) Local community and social services; and

e) Other federal, state, and local agencies.

5.11.2 Collaborate with the local ARIZONA@WORK One-Stop Centers to hold and participate in educational opportunities, training, information seminars, workshops, and conferences beneficial to and for program participants.

5.11.3 Inform all applicants found to be ineligible for SCSEP services of other training and employment resources available and refer ineligible applicants to the ARIZONA@WORK One-Stop Centers.

5.11.4 Refer current participants to ARIZONA@WORK One-Stop Centers and WIOA partners to aid in the transition into unsubsidized employment and other training opportunities as needed. These services include but are not limited to:

a) Career information and planning;

b) Job search assistance;

c) Career resource library;

d) Access to computers for preparing or updating resumes;

e) Practicing computer skills;

f) Referrals to other needed services;

g) Internet access for job leads;

h) Referrals to jobs at local employers;

i) Labor market information; and

j) Workshops and trainings.

5.12 Program Funding Allocations

5.12.1 Comply with program funding allocations for participant EWF, OPC (including supportive services and training), and Title V Administration (ADM) in accordance with the OAA Title V, located at the Department of Labor.gov.

5.12.2 Provide participants with the highest applicable minimum wage (highest of federal state or local rate) for time spent in orientation, training, and community service hours

5.12.3 Track SCSEP funds ensuring they are utilized in accordance with SCSEP and federal regulations, as amended.

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 13 of 55

5.13 Participant Placement and Follow-up of Unsubsidized Employment

5.13.1 Maintain contact with participants after placement in unsubsidized employment to conduct follow-up and supportive services as directed by DOL/ETA and address any potential barriers to successful retention in employment.

5.13.2 Perform follow-up services to all participants during the second and fourth quarters after they have exited the program due to gaining unsubsidized employment.

5.13.3 Establish contact and foster a relationship with unsubsidized employers after participant placement to obtain required follow-up information and facilitate employer survey participation during participant follow-up phase in accordance with DOL/ETA.

5.13.4 Develop follow-up procedures to ensure the accurate and timely entry of program participant wage earnings in the case management software.

5.14 Programmatic Surveying

5.14.1 Ensure that customer satisfaction survey processes are followed as directed by ADES and DOL/ETA to ensure compliance with customer service goals.

5.15 Data Validation

5.15.1 Make available on-site at a location(s) determined by ADES, and grant permission to access participant case files and documentation, including electronic documentation that are identified by the DOL/ETA for review and data validation annually by ADES.

5.15.2 Track participation, document program activities and enter data using SPARQ, GPMS or its successor as directed by ADES.

5.16 Contractor’s Administration and Record-keeping

5.16.1 Develop and maintain appropriate management strategies to deal with fluctuations in funding, including recruitment and enrollment policies.

5.16.2 Maintain confidentiality and appropriate security safeguards for participant case files and restrict access to only individuals requiring access to participant information.

5.16.3 Ensure that participant medical information is kept separately from general case files and restrict access in adherence with the Health Insurance Portability and Accountability Act of 1996, “Business Associates Agreement.”

5.16.4 Ensure that all communications protect the Personal Identification Information of participants.

5.16.5 Ensure and maintain documentation that administrative, program and resource development staff receive appropriate and continued training in accordance with their job description.

5.16.6 Participate in monthly conference calls and meetings initiated by ADES to receive training, share best practices and/or obtain information.

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 14 of 55

5.16.7 Utilize computer backup and recovery systems and procedures to prevent loss of data required for ADES reports and any disruption or degradation of services.

5.16.8 Generate monthly, quarterly and/or other reports utilizing required DOL/ETA case management software or case files as directed by ADES.

5.16.9 Comply with all required reporting as outlined in the SCSEP Policy and Procedure Manual (Exhibit B) as may be amended.

5.16.10 Utilize the information and case management systems prescribed by DOL/ETA and DERS.

5.16.11 Ensure procedures are in place to administer payroll, supportive services and worker’s compensation for participants.

5.16.12 Participate in ADES monitoring and data validation as required by ADES, the activities of Contractor for compliance with:

a) DOL/ETA and DERS policies;

b) Accurate utilization of program funding; and

c) Proper levels of performance accountability.

d) Respond to ADES monitoring and data validation and initiate any corrective action as directed by ADES.

5.16.13 Request technical assistance/training from ADES program staff, as identified, to aid in the administration of SCSEP service.

6. Performance Measures

The Contractor shall:

6.1 Meet or exceed programmatic goals as defined by the SCSEP Summary of Grantee/Subgrantee Goals (attached as Exhibit A), as may be amended. ADES will distribute and review program goals and objectives throughout the program year, but no less than annually. Failure to meet DOL/ETA may initiate a corrective action by ADES and Contractor may jeopardize its future program funding;

6.2 Follow all SCSEP programmatic assurances as prescribed by the DOL/ETA grant award document, relevant TEGLs and CFRs as amended or issued;

6.3 Track program progress toward meeting or exceeding programmatic goals throughout the term of the contract, but no less than quarterly, to monitor Contractor’s performance and adjust activities as necessary.

7. Payment

7.1 Reimbursement to Contractor shall be in accordance with actual allowable costs incurred consistent with the Itemized Service Budget (Exhibit C), not to exceed the service reimbursement ceiling.

7.2 Contractor shall provide a complete and accurate invoice no later than thirty (30) days after the end of the preceding month.

8. Reporting Requirements

The Contractor shall:

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 15 of 55

8.1 Submit all documents and correspondence relevant to this contract electronically to the assigned ADES Contract Specialist, or as directed by ADES.

8.2 Enter programmatic data, as identified by SCSEP Policy and Procedure Manual (Exhibit B), published by ADES/DERS, as may be amended, in the SCSEP authorized case management software no later than five

(5) days after the action occurs:

8.3 Submit to ADES the Current certificate(s) of insurance within ten (10) calendar days of award as required in the Special Terms and Conditions and maintain a valid certificate of insurance on file with ADES Contract Specialist.

9. Notices and Correspondence

9.1 All notices to ADES regarding this contract shall be sent to the assigned ADES Contract Specialist or as directed by ADES.

9.2 ADES will notify in writing the contractor of changes or updates to policies, goals and performance or funding.

ADES Special Terms and Conditions

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 16 of 55

ADES Special Terms and Conditions

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.

1.10 “Vulnerable adult” An individual who is eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person as defined in A.R.S. §14-5101.

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:

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 17 of 55

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.”

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

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 18 of 55

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:

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. Background Checks for Employment through the Central Registry. If providing direct services to children or vulnerable adults, the following shall apply:

6.1 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in their entirety as provisions of this Contract.

6.2 The Department will conduct Central Registry Background Checks and will use the information contained in the Central Registry as a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:

6.2.1 Any person who applies for a contract with this State and that person’s employees;

6.2.2 All employees of a contractor;

6.2.3 A subcontractor of a contractor and the subcontractor’s employees; and

6.2.4 Prospective employees of the contractor or subcontractor at the request of the prospective employer.

6.3 Volunteers who provide direct services to children or vulnerable adults shall have a Central Registry Background Check which is to be used as a factor to determine qualifications for volunteer positions.

6.3.1 A person who is disqualified because of a Central Registry Background Check may apply to the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-619.57. A person who is granted a Central Registry exception pursuant to A.R.S. § 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a Central Registry exception.

6.3.2 Before being employed or volunteering in a position that provides direct services to children or vulnerable adults, persons shall certify on forms that are provided by the Department whether an allegation of abuse or neglect was made against them and was substantiated. The completed forms are to be maintained as confidential.

6.4 A person awaiting receipt of the Central Registry Background Check may provide direct services to ADES clients after completion and submittal of the Direct Service Position certification form if the certification states:

6.4.1 The person is not currently the subject of an investigation of child abuse or neglect in Arizona or another state or jurisdiction; and

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 19 of 55

6.4.2 The person has not been the subject of an investigation of child abuse or neglect in Arizona, or another state or jurisdiction, which resulted in a substantiated finding.

6.5 If the Central Registry Background Check specifies any disqualifying act and the person does not have a Central Registry exception, the person shall be prohibited from providing direct services to ADES clients.

6.6 The Contractor shall maintain the Central Registry Background Check results and any related forms or documents in a confidential file for five (5) years after termination of the Contract.

6.7 The Contractor shall require each employee to complete and sign the Central Registry DCS-1083A form, and retain in a confidential file for five (5) years after termination of the Contract.

7. 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.

8. Certification Regarding Lobbying

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

9. Code of Conduct

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

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

9.2 Acted on behalf of the State without appropriate authorization;

9.3 Provided favorable or unfavorable treatment to anyone;

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

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

9.6 Loss of impartiality when advising the State.

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 20 of 55

10. 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.

11. Compliance with Applicable Laws

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

11.1 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.

11.2 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.

11.3 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.

11.4 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.

11.5 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.

12. Confidentiality

12.1 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.

Description:

Supported Employment - Senior Community Services Employment Program (SCSEP)

Solicitation Requirements Available Online at https://app.az.gov Page 21 of 55

12.2 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.

13. Contract Term and Option to Extend

13.1 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…