CTR066199_Contract_Documents.pdf

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Offeror Submittal Documents

Solicitation No.: BPM005148

Description: Domestic Violence - Statewide

Mt. Graham Safe House Company Name Signature of Person Authorized to Sign Offer

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to provide Domestic Violence – Statewide in compliance with all Terms, Conditions, Specifications, and Amendments in the Solicitation and any written exceptions in the Offer.

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. .

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

Attachment 1 - Offer and Acceptance

PO Box 1202 Jeanette Aston Executive Director Address Printed Name and Title

Safford, AZ 85546 Jeanette Aston Executive Director City State Zip Contact Name and Title jeanette@mgsh.net 928-348-9548 : 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.

14th

CTR066199

July 1, 2023

23June https://app.az.gov/ mailto:jeanette@mgsh.net

Solicitation Requirements Request for Proposal (RFP)

Solicitation No.: BPM005148

Description: Domestic Violence - Statewide

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Table of Contents

Section Page

Scope of Work

Special Terms and Conditions

Uniform Terms and Conditions

Exhibit A – Incident Report Form

Exhibit B - Itemized Service Budget

Exhibit C - Certification of De Minimis Indirect Cost Rate

Exhibit D – Arizona DES Domestic Violence Policy and Procedure Manual Acknowledgement of Receipt

Exhibit E – ADES Domestic Violence Services Monthly Report

Exhibit F– ADES Domestic Violence Services Quarterly Report

Exhibit G – Labor Activity Report

Exhibit H – Labor Activity Certification

Exhibit I – Subcontractor Profile

Scope of Work

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1. ADES Mission and Vision Statements

1.1 ADES Mission: The Arizona Department of Economic Security (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 ADES services and achieve their potential.

2. Purpose

2.1 Purpose Statement: The purpose is to assist and support the establishment, maintenance, and expansion of programs to prevent incidents of family, domestic, or dating violence as well as provide services that meet the needs of Survivors and their dependents in Arizona. There are three (3) categories of Domestic Violence services. Awarded providers will facilitate services by providing one or more of the following services:

2.1.1 Shelter, including Supportive Services

2.1.2 Community and/or Mobile Based Advocacy, including Supportive Services

2.1.3 Transitional Housing, including Supportive Services

2.2 Legal Authority:

2.2.1 In relation to the Domestic Violence Program, 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 subject to the availability of funds.

2.2.2 In relation to the Family Violence Prevention and Services Act (FVPSA), A.R.S. § 36-104(21) provides authority for the Arizona Department of Health Services for administering FVPSA. In furtherance of its authority, the Arizona Department of Health Services will administer part of the FVPSA through ADES and this solicitation. For the purpose of this solicitation, ADES is performing the services administration of FVPSA on behalf of the Arizona Department of Health Services.

2.3 Projected Awards: It is the intent of ADES to make multiple awards throughout the State of Arizona.

Awards may be made for each county separately, and/or multiple counties together when determined to be in the best interest of the State. The number of awards may be limited by available funding. The anticipated start date is July 1, 2023, with an initial contract term of one (1) year with extension options in accordance with the Special Terms and Conditions, Section 13.

2.4 Projected Utilization: ADES anticipates that service levels will increase for the following statewide levels reported for the last contract cycle:

2.4.1 An average of 99,322 hours of service was provided through community-based or mobile advocacy services. These services are provided outside of residential services to approximately 11,161 individuals which include adults and children annually.

2.4.2 An average of 549 individuals which include adults and children are served on a yearly basis in Transitional Housing.

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2.4.3 An average of 4,204 individuals which include adults and children were provided Shelter on a yearly basis. Fifty (50) percent of those were served in Maricopa and Pima counties.

3. Funding ADES anticipates that funding for the provision of services will be approximately $14 million annually.

3.1 Fund sources that may support the services are as follows:

3.1.1 U. S. Department of Health and Human Services (DHHS) Family Violence Prevention and Services Act (FVPSA) Program: FVPSA funds are awarded to the State of Arizona for the provision of Shelter and services for Survivors of Domestic Violence. FVPSA requires that 70% of the FVPSA funds distributed shall be used for the primary purpose of providing immediate Shelter and comprehensive Supportive Services to adult and youth Survivors of family violence, Domestic Violence, or dating violence, and their dependents; 25% of the funds shall be used for the purpose of providing comprehensive Supportive Services and prevention services. ADES utilizes a combination of other federal and state funding to meet the match requirements and provide leverage funding in accordance with 42 U.S.C. 10406(c)(4).

3.1.2 DHHS Temporary Assistance for Needy Families (TANF): TANF is a federal block grant intended to assist low-income families achieve self-sufficiency. The funds are authorized by the State of Arizona.

3.1.3 DHHS Social Service Block Grant (SSBG): SSBG funds are allocated to the local Councils of

Government (CoG) in the State of Arizona which makes recommendations on the use of the funding. Historically, the CoGs makes recommendations to use funding for Domestic Violence services. ADES determines how funding is allocated for this service.

3.1.4 Domestic Violence Service Fund (DVSF): These funds consist of collected fines and fees with the purpose of providing funding for Domestic Violence services. Pursuant to A.R.S. §36-3006, funding allocations will be based on the following: 1) need for services, 2) existing services, 3) geographic location, and 4) population ratios.

3.1.5 Domestic Violence Prevention Fund (DVP): These funds consist of state general funds.

3.2 ADES has a strong interest in providing services across the state and increasing access to Underserved Populations. Funding for rural and urban counties was determined by using the official U.S. Decennial Census data and will be divided as follows:

3.2.1 The estimated amount for urban areas will be approximately 60% of the total amount available.

3.2.2 The estimated amount for rural areas (Balance of State) will be approximately 40% of the total amount available.

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4. Service Description

4.1 Taxonomy Definition: Domestic Violence - Services provide assistance to an abused individual or families. Services available include shelter, supportive services, prevention strategies, training, victim’s rights and victim’s compensation, coordination, crisis counseling, case management, advocacy, planning, program development, program evaluation, supported employment, life skills training, law enforcement, and prosecution.

4.2 Actual Service Description: Domestic Violence services are intended to support Survivors in establishing self-determined safety and healing by providing one or a combination of the following services:

4.2.1 Shelter services is temporary emergency housing with Supportive Services provided in a safe environment for individuals and their children who have experienced domestic or sexual violence.

Shelter can include on-site emergency Shelter or hotel/motel placement.

4.2.2 Community-Based and/or Mobile Advocacy Services includes Supportive Services.

Community-Based Advocacy is offered in a fixed location in the community that can be accessed by Survivors. Mobile Advocacy includes Supportive services offered in a location that is best suited to the Survivor seeking the service. This could include the Survivor’s home, a park, a restaurant, a library, or a workplace, among many potential locations.

4.2.3 Transitional Housing provides long-term housing for a period up to twenty-four (24) months with Supportive Services.

4.3 Contractor Eligibility Requirements:

4.3.1 To be eligible to receive funding, an entity shall be:

4.3.1.1 A local public agency (i.e., county, city, tribal governments), or

4.3.1.2 A nonprofit private organization (i.e., faith-based and charitable organizations, community-based organizations, tribal organizations, or voluntary associations), and

4.3.1.3 An agency or organization that assists victims of family violence, Domestic Violence, or dating violence, and their dependents, and has a documented history of effective work.

4.3.2 An eligible entity may:

4.3.2.1 Partner with a culturally specific organization as a strategy or way to enhance services for

Underserved Populations.

4.4 Background:

4.4.1 The service needs and delivery requirements for the Domestic Violence Program were based on the following: National evidence-based research, a Request for Information (RFI), and a needs assessment.

4.4.1.1 Evidence-based research validates that Survivors are the experts in their own lives and utilize programs and services in order to meet their own unique needs. While safety will always be an important component of services, it may not be the Survivor’s first or immediate need. Therefore, the service delivery system developed within the State of

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Arizona needs to start with asking Survivors what they need. While Shelter will remain a critical component of the service delivery model, there is clear evidence that suggests Survivors need advocacy services beyond Shelter. Additionally, the needs assessment reflected the need for Contractors to collaborate with other community resources in order to facilitate meeting as many client-defined needs as possible.

4.4.1.2 In 2022, ADES published a RFI in the Arizona Procurement Portal. The RFI requested information for planning purposes from the vendor community regarding the needs of Survivors. The responses validated the need for emergency shelter, lay legal advocacy, flexible funding to assist Survivors, and staff retention.

4.4.1.3 In 2022, a research group was contracted to conduct a Needs Assessment. The research group conducted virtual interviews with Survivors of interpersonal violence, including Domestic Violence. The results indicated Survivors need the following: i) personal/emotional support, ii) information on available services and resources, and iii) physical safety.

5. Definitions

5.1 Balance of State (BOS): The State of Arizona’s rural counties of Mohave, Coconino, Navajo, Apache, Gila, Graham, Greenlee, Cochise, Santa Cruz, Pinal, Yuma, La Paz, and Yavapai make up the area referred to as the Balance of State.

5.2 Child: also known as Youth; an individual who has not reached 18 years of age.

5.3 Coordinated Community Response: An alliance of community members, local service providers, and other individuals who meet regularly to improve response to and prevent Domestic Violence in their community.

5.4 Direct Service Personnel: Staff and volunteers who work directly with Survivors.

5.5 Domestic Violence - A pattern of coercive control and abusive behaviors in any intimate or family relationship that are used to gain and maintain power and control over another.

5.6 Flexible Financial Assistance - Assistance that addresses financial barriers interfering with victims’ ability to create safe and stable lives. These activities comprise of a wide range of unique needs, that include, but are not limited to transportation, childcare, necessary personal items, rental assistance, mental health services, security deposits, utilities, car seat, professional clothes for an interview, car repair, gas cards, healing modalities (i.e., gym membership, massage), etc.

5.7 Key Management Personnel: Staff involved in the planning, administration, operation, or monitoring of the contract.

5.8 LGBTQ+: A collection of identities short for lesbian, gay, bisexual, transgender, queer, and more.

5.9 Outreach: Activities that increase awareness about Domestic Violence and services. Examples of activities include distributing leaflets, newsletters, advertising, stalls and displays, and dedicated events, within the local community settings such as libraries, public offices, community centers, medical facilities, and markets.

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5.10 Point in Time (PIT) Count: An annual count of sheltered and unsheltered persons experiencing homelessness on a single night. The count includes persons who are sheltered in emergency, intermediate shelters, and in Transitional Housing.

5.11 Supportive Services: Services for adult and Youth Survivors of family violence, Domestic Violence, or dating violence, and their dependents that are designed to meet the needs of such Survivors and their dependents for short-term or long-term safety and recovery. Supportive Services include, but are not limited to: advocacy, case management, safety planning, child care, lay legal advocacy, medical advocacy, information and referrals, Flexible Financial Assistance, behavioral health, and preventive health services, prevention programs, community education, and awareness, educational services (e.g., job training, economic empowerment services), Outreach to marginalized communities, transportation to access services, and assistance in accessing related Federal and State assistance programs. For a more detailed description of services, please refer to the ADES Manual.

5.12 Survivor: An individual who has experienced Domestic Violence also referred to as a client, participant, or victim.

5.13 Trauma-Informed Care: Understanding and responding appropriately to the impact traumatic experiences have on individuals in order to support their overall well-being.

5.14 Underserved Populations (Underserved): Populations who face barriers in accessing and using Survivor services due to, but not limited to, geographic location (such as rural isolation), religion, sexual orientation, gender identity, race and ethnicity, special needs (such as language barriers, disabilities, immigration status, and age), LGBTQ+ individuals, and at-risk youth. Underserved Populations also include individuals with criminal histories due to victimization, substance use disorders, and mental health issues.

The reference to racial and ethnic populations is primarily directed toward racial and ethnic minority groups, as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300(u-6)(g).

5.15 Additional definitions are available in the Arizona DES Domestic Violence Policy and Procedure Manual (ADES Manual), https://des.az.gov/sites/default/files/dl/AZ-DES-Domestic-Violence-Policy-and- Procedure-Manual.pdf?time=16614412895250

6. Contractor Requirements

The Contractor shall:

6.1 Adhere to the Arizona Service Standards for Domestic Violence Service Providers (AZ Standards), https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf

6.2 Adhere to the Arizona DES Domestic Violence Policy and Procedure Manual (ADES Manual), https://des.az.gov/sites/default/files/dl/AZ-DES-Domestic-Violence-Policy-and-Procedure- Manual.pdf?time=16614412895250.

6.3 If providing Shelter services, adhere to the AZ Standards for the following Service Modalities ADES supports:

6.3.1 On-site Emergency Shelter; and/or

6.3.2 Motel/Hotel Emergency Shelter Placement

https://www.law.cornell.edu/uscode/text/42/300u-6 https://www.law.cornell.edu/uscode/text/42/300u-6 https://www.law.cornell.edu/uscode/text/42/300u-6 https://www.law.cornell.edu/uscode/text/42/300u-6 https://des.az.gov/sites/default/files/dl/AZ-DES-Domestic-Violence-Policy-and-Procedure-Manual.pdf?time=16614412895250 https://des.az.gov/sites/default/files/dl/AZ-DES-Domestic-Violence-Policy-and-Procedure-Manual.pdf?time=16614412895250 https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://des.az.gov/sites/default/files/dl/AZ-DES-Domestic-Violence-Policy-and-Procedure-Manual.pdf?time=16614412895250 https://des.az.gov/sites/default/files/dl/AZ-DES-Domestic-Violence-Policy-and-Procedure-Manual.pdf?time=16614412895250

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6.4 If providing Transitional Housing services, adhere to the AZ Standards by following the Housing Intervention Service Modality. ADES will only fund Transitional Housing services. No other Housing Interventions (transition-in-place and rapid re-housing) are covered by this Contract.

6.5 If providing Community-Based and Mobile Advocacy services, adhere to the AZ Standards for the following Service Modalities ADES supports:

6.5.1 Community-Based Advocacy

6.5.2 Mobile Advocacy

6.5.3 Virtual and Digital Advocacy

6.5.4 Campus-Based Advocacy

6.6 Provide Supportive Services in accordance with the AZ Standards based on the Survivor’s needs for the following Service Types:

6.6.1 Crisis Line

6.6.2 Crisis Intervention and Supportive Services

6.6.3 Case Management/Advocacy

6.6.4 Lay Legal Advocacy - Lay Legal Advocacy does not include legal advocacy provided by a Licensed

Legal Advocate.

6.6.5 Support Groups

6.6.6 Secondary Survivor Advocacy

6.6.7 Therapy and Mental Health Services

6.6.8 Flexible Financial Assistance

6.6.9 Transportation Services

6.7 Continuously update all policies and procedures to reflect any changes made to the AZ Standards and ADES Manual and adjust practices accordingly.

6.8 Utilize Trauma-Informed Care when providing services in accordance with AZ Standards, For Trauma- Informed Services section.

6.9 Continually practice cultural humility through a process that engages and improves services for all Survivors of Domestic Violence by providing all services in an equitable manner that are appropriate to the Survivors’ unique race, ethnicity, sexual orientation, gender identity, disability status, immigration status, age, cultural beliefs, practices, and lived experiences including addressing and acknowledging power imbalances in compliance with the AZ Standards.

6.9.1 Provide services that are linguistically appropriate and create a plan to ensure effective communication and equal access, including:

6.9.1.1 How to identify and communicate with individuals with Limited English Proficiency, and how to identify and properly use qualified interpretation and translation services, and taglines.

6.9.1.2 How to take appropriate steps to ensure that communications with people with disabilities are as effective as communications with others; and furnish appropriate auxiliary aids and services. Auxiliary aids and services include qualified interpreters and large print materials.

https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf https://www.acesdv.org/wp-content/uploads/2022/02/Final-AZ-DV-Service-Standards-2021.pdf

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6.9.2 Reduce barriers for Survivors to attain services consistent with their gender identity in compliance with 45 CFR § 1370.5(a)(2)) and all other federal, state, and local laws, AZ Standards, and ADES Manual.

6.10 Develop and implement community-based, multi-faceted, and comprehensive service that focuses on:

6.10.1 Identifying problems facing Underserved Populations that are experiencing or at-risk of Domestic

Violence in the State of Arizona.

6.10.2 Developing specific strategies to address Underserved Populations that are experiencing or at-risk for violence in their relationships.

6.10.3 Providing Outreach to Underserved Populations that are experiencing or at-risk for violence in their relationships.

6.11 Establish and maintain relationships with community partners.

6.11.1 Build relationships with community partners that specialize in addressing issues Survivors may be facing (e.g., mental health issues, substance abuse, legal issues).

6.11.2 Enhance Coordinated Community Response by regularly meeting with local community stakeholders, community members, local service providers and other individuals to improve response to and prevent Domestic Violence in their community.

6.11.3 Establish and maintain written documentation (i.e., agenda, meeting minutes, etc.) with community partners that enhance delivery of services.

6.12 Utilize feedback and input from Survivors to develop effective coordinated service delivery.

6.12.1 Administer Client Satisfaction Survey and report quarterly outcome data for each service being provided. Outcome data must include the following two (2) survey items:

6.12.1.1 Because of the services I received, I know more ways to plan for my safety.

6.12.1.2 Because of the services I received, I know more about community resources.

6.13 Collaborate and establish partnerships with other organizations, as needed, in order to provide services.

6.13.1 If Contractor is utilizing a subcontractor to provide services, Contractor must maintain and provide a copy of the formal written contract set in place with their subcontractors. The formal written contract shall meet all the requirements outlined within this Contract and the Contractor’s proposal and shall be provided upon request by ADES. All subcontractor partnerships need to be reviewed and approved prior to providing services through a formal contract amendment by utilizing Exhibit I – Subcontractor Profile and following the steps in the Special Terms and Conditions, Section 44.

6.14 Provide services to all Survivors without requiring preconditions and barriers to entry such as income, criminal background checks, Survivor’s current location, sobriety, requirements to obtain specific legal remedies, mental health or substance use screenings.

6.15 Provide all services on a voluntary basis.

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6.15.1 An individual’s or family’s stay in a Shelter cannot be conditioned upon accepting or participating in services (see 42 U.S. Code § 10408(d)(2)).

6.15.2 Individuals must not be coerced to accept services or to make changes in their lives that are not comfortable/acceptable to them (i.e., leave their abuser, or attend classes).

6.16 Ensure Key Management Personnel and Direct Service Personnel receive training as stated in the AZ

Standards and the ADES Manual.

6.16.1 Staff is required to receive thirty (30) hours of training upon hire, as specified in ADES Manual.

6.16.2 Staff must receive a minimum of twenty (20) hours of ongoing training annually.

6.16.2.1 Ten (10) of the required twenty (20) hours shall be from sources/entities outside the agency (i.e., Coalitions, National Network to End Domestic Violence (NNEDV), etc.).

6.16.3 Maintain documentation that personnel have received appropriate training and hold appropriate certification/licensure in accordance with their job descriptions.

6.17 Adhere to the AZ Standards, For Staff Well-Being section, with an emphasis on offering fair and competitive salaries and benefits to all staff.

6.18 Notify the assigned Contract Specialist in writing within seven (7) calendar days of any changes in Key Management Personnel.

6.19 Establish and maintain a written and/or electronic policy and procedure manual that is accessible to all staff that includes all contract requirements. A copy of the policy and procedure manual will be required to be submitted to the ADES Office of Interpersonal Violence for review and approval within 60 days of contract execution.

6.19.1 Train all staff members on the established policy and procedure manual and provide follow up training as needed to ensure adherence to the policies and procedures.

6.19.1.1 Upon completion of training, obtain signature of staff indicating receipt and understanding of the policy and procedure manual.

6.20 Maintain records that protect the confidentiality and privacy rights of individuals, groups and/or families.

This includes those seeking, receiving, or denied services in accordance with the AZ Standards.

6.20.1 Maintain and utilize secured storage space for confidential client and personnel information;

6.20.2 Establish a procedure on how to respond to an actual or imminent data breach;

6.20.3 Establish a procedure on how the Domestic Violence program staff, volunteers, and board members will respond to summonses, subpoenas, warrants, and other court orders in consultation with legal counsel;

6.20.4 Establish procedures on document retention and destruction.

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6.21 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 services.

6.22 Establish client grievance procedures in accordance with the Special Terms and Conditions, Section 19, Fair Hearings and Service Recipients’ Grievances.

6.23 Participate in all technical assistance activities conducted by ADES such as, but not limited to quarterly Contractor meetings, provider calls, and training opportunities.

6.24 Establish a process for determining and documenting TANF requirements.

6.25 Determine and document if clients meet the TANF requirements of having a dependent Child and whose income is at or below 250 percent of poverty.

6.25.1 A client does not need to meet the TANF requirements to receive services.

6.26 Comply with applicable state and local zoning, fire, environmental, health, and safety standards and regulations outlined in the AZ Standards.

6.27 Maintain current required operating licenses, permits, and certificates issued by the state, county and/or municipalities in which the services are located.

6.28 Utilize a computer-based tracking system from which required reports shall be generated.

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

6.29 Maintain and utilize appropriate security safeguards to maintain confidentiality of client and personal information, in compliance with 42 U.S.C. § 10406(c)(5) and 45 CFR §1370.4(f), and all other federal, state, local laws, AZ Standards, and the ADES Manual.

6.30 Participate in the annual Point in Time (PIT) Count by submitting requested data.

6.31 Participate in the annual NNEDV’s Domestic Violence Counts by submitting requested data.

6.32 Report incidents to the ADES Office of Interpersonal Violence, as described in the Incident Report Form (Exhibit A, as may be amended). The staff needs to be trained on this report and provided with access to the form. Training needs to be documented in personnel files.

7. Payment

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 B, as may be amended).

7.2 Authorization for performance of services under this contract shall be made only upon a duly approved Itemized Service Budget, which 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 approved Itemized Service Budget. ADES shall not have any legal obligation to pay for services in excess of the amount indicated on the Itemized Service Budget.

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7.3 Budgets will be reviewed and may be adjusted accordingly based on the following: changes in award allocations from the funding source, failure to meet objectives proposed to be served, or programs not spending budgeted funds efficiently.

7.4 If the Contractor elects to use the 10% de Minimis rate for indirect costs, they must complete and submit the Certification of de Minimis Indirect Cost Rate form (Exhibit C, as may be amended).

7.5 If the Contractor elects to use a federally negotiated indirect cost rate, they must provide a copy of the rate agreement with the Itemized Service Budget. If the federally approved indirect cost rate changes or is allowed to expire within the contract period, the Contractor must notify ADES of the changes.

7.6 Funding Restrictions: The Consolidated Appropriations Act, 2016, (Title VII, General Provisions – Government-Wide), limits the salary amount that may be awarded and charged to the Administration for Children and Families (ACF) contracts and cooperative agreements. Award funds issued under this announcement may not be used to pay the salary, or any percentage of salary, to an individual at a rate in excess of Executive Level II. The Executive Level II salary of the "Rates of Pay for the Executive Schedule" is $185,100. This amount reflects an individual's base salary exclusive of fringe benefits and any income that an individual may be permitted to earn outside of the duties of the applicant organization.

This salary limitation also applies to subcontracts under an ACF mandatory and discretionary contract.

8. Reporting Requirements

The Contractor shall:

8.1 Submit all notices/correspondence relevant to this contract electronically to the assigned Contract

Specialist, or as directed by ADES.

8.2 Submit the signed Arizona DES Domestic Violence Policy and Procedure Manual Acknowledgement of Receipt (Exhibit D, as may be amended) and return to ADES within thirty (30) days of execution of the contract.

8.3 Directly input accurate and complete monthly financial billing information for all expenditures into the Division of Aging and Adult Services Reporting System (DAARS), or as directed by ADES.

8.3.1 Upload all required activity reports with the financial billing each month. ADES will not process an invoice until all reports have been uploaded into DAARS.

8.4 Certificate(s) of Insurance

8.4.1 Submit current Certificate(s) of Insurance (COI) and endorsements within ten (10) days of contract award as required in the Special Terms and Conditions, Section 25 – Indemnification and Insurance and maintain a valid Certificate of Insurance on file with ADES.

8.4.2 Prior to expiration of COI(s), the Contractor must submit a new COI(s) and endorsements to

ADES.

8.4.3 ADES will not process any invoices until COI documents have been received and are in compliance with the Special Terms and Conditions.

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8.5 Submit activity reports as follows:

8.5.1 ADES Domestic Violence Services Monthly Report (Exhibit E, as may be amended) due on or before the 20th day following the end of each month.

8.5.2 ADES Domestic Violence Services Quarterly Report (Exhibit F, as may be amended) due on or before the 20th day following the end of each quarter.

8.5.3 Labor Activity Report (LAR) (Exhibit G, as may be amended) with monthly invoice for employees who are split funded (i.e., whose salaries are paid through multiple funding sources).

8.5.3.1 An electronically generated timecard is acceptable, if it contains the same information.

8.5.4 Labor Activity Certification (Exhibit H, as may be amended) due by July 30th of each year for all employees who are funded 100% by this contract.

8.5.5 Other program evaluation reports deemed necessary due on dates as requested.

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.

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:

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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 Department shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order.

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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 Central Registry Clearance form indicating the following:

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

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.

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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.

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

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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.

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.

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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 terminated, cancelled, or extended as otherwise provided herein.

13.2 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 during the renewal period with the exception of price.