CTR075343_-_Kitchen_Operations_Welcome_Center.pdf

ARIZONA DEPARTMENT OF CHILD SAFETY

State of Arizona Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

CTR075343

Kitchen Operations – Welcome Center

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1.0 Overview

1.1 Background: The Arizona Department of Child Safety (DCS) is statutorily responsible for providing services to families whose children are involved with DCS. DCS Vision and Mission Statements are:

Vision: Children thrive in family environments free from abuse and neglect.

Mission: Successfully partner with families, caregivers, and the community to strengthen families, ensure safety, and achieve permanency for all Arizona’s children through prevention, services, and support.

2.0 Purpose:

2.1 The purpose of this solicitation is to secure a partnership with a Contractor to implement, maintain and administer daily onsite Kitchen Operations at the Arizona Department of Child Safety Maricopa Welcome Center.

2.1.1 The Arizona Department of Child Safety is accepting proposals for on-site food service operations at the DCS Welcome Center. DCS is seeking a Contractor to develop a menu, prepare and serve meals, maintain inventory management and be responsible for cleaning and sanitation. Expenditure is based on the number of children received at the Welcome Center (average estimate of 20 children daily).

2.1.2 The Arizona Department of Child Safety is committed to serving healthy, delicious, and nutritious meals, that meet standard dietary requirements for its participants, and that promote a healthy lifestyle and diet. DCS strives to include meals that are minimally processed, low in added sugar, sodium, and saturated fat, and that are high in fiber, quality protein, calcium and nutrients.

3.0 General Requirements:

3.1 The Contractor shall develop a menu and serve daily meals and beverages to meet the appropriate calorie and nutrient levels for the ages of the children and older youth, at the DCS Maricopa Welcome Center:

3.1.1 Meals shall be balanced and nutritious, fresh at time of serving, and shall meet standard dietary requirements comparable to the National School Lunch Program and School Breakfast Program.

Nutrition Standards for School Meals https://www.fns.usda.gov/cn/nutrition-standards-school-meals https://procure.az.gov/bso/

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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3.1.2 The Contractor will have access to the kitchen and kitchen facilities at the DCS Welcome Center and all equipment and appliances provided by the building landlord. A suitable holding kitchen and dining area will be available for receiving and serving meals.

3.1.3 The Contractor shall maintain a clean and sanitized environment, comply with all applicable safety regulations, and adhere to Arizona Administrative Code § R6-5- 7446 - Nutrition, Menus, and Food Service.

https://apps.azsos.gov/public_services/Title_06/6-05.pdf

3.1.4 Meals must cover a variety of dietary preferences and may need to be adjusted to address food allergies. Contractor must be able to provide kosher, vegetarian, vegan, gluten-free, lactose-free, and diabetic substitutions upon request.

3.1.5 Contractor shall provide reasonable serving portions based on industry practice and must prepare individually packaged and refrigerable meals, as needed, for off-hour entries into the DCS Welcome Center.

3.1.6 Contractor shall provide option of serving buffet-style and or plated meals, and shall include costs for the following meal service options for breakfast, lunch and dinner:

3.1.6 (a) Food preparation only;

3.1.6 (b) Food preparation and service to counter;

3.1.6 (c) Food preparation, service to counter and service to table, including cleaning and sanitation.

3.1.6 (d) Preparation and replenishment of individually packaged/refrigerable meals

These options allow for DCS to utilize different service options for each meal, as determined by DCS. For example, DCS may choose to serve breakfast which has been prepared by the Contractor, (option a), and then choose (option c) for both lunch and dinner.

3.1.7 DCS will manage all baby formula and baby food requirements for infants up to one year old or any child unable to eat solid foods.

3.2 Contractor to be accountable for on-site presence throughout the week, including state holidays to cover mealtimes. Contractor to provide cost estimates for extension of normal hours, (e.g. 5, 6 and 7 days per week) as needed and determined by DCS.

https://apps.azsos.gov/public_services/Title_06/6-05.pdf

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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3.3 Occupancy levels and corresponding need for meals and services may increase and/or decrease daily and will be communicated in advance by DCS to the contractor over the course of the contract.

3.4 Contractor is responsible for on-site receiving, unpacking, disposal and food storage.

3.5 The Contractor shall maintain a dry storage area or shared pantry (space to be determined by DCS) that is to be stocked by the Contractor with snacks and refreshments that DCS staff can access during snack times and after hours for the children at the Welcome Center. In addition, a service counter will be made accessible to DCS to reheat meals on weekends and evenings. (See Exhibit A)

3.6 Contractor is accountable for maintaining inventory and expiration tracking. Spoiled or out dated food received will be returned for full credit at no expense to the ordering agency.

3.7 The Contractor shall secure and pay for all Permits and Governmental Fees, licenses, and inspection necessary for the proper execution and completion of the work which are legally required, file all notices, comply with all laws, rules, regulations and lawful orders bearing on the performance of the work. A copy of all relevant documents must be included with this proposal.

4.0 Specific Requirements:

4.1 Food Standards and Quality

4.1.1 The Contractor shall be responsible for purchasing standards and specifications to bring about the best quality and price for the DCS’s food service program. The Contractor shall purchase all food and non-food consistent with maintaining quality standards.

4.1.2 Food, at all times, must be prepared in a means that maximizes its palatability and appearance while at the same time maintaining its nutritional value. All yields of cooked and uncooked products will conform to yields identified in the USDA Food Buying Guide.

For more information, please visit the USDA Food buying Guide for Child Nutrition Program at:

https://www.fns.usda.gov/tn/food-buying-guide-for-child-nutrition-programs

4.2 Meal Quality Standards

https://www.fns.usda.gov/tn/food-buying-guide-for-child-nutrition-programs

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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4.2.1 Meals and menus served are designed to be both healthy and appealing. The quality of food prepared shall be: pleasing to the eye, appetizing, palatable, and of such color, texture, size, and shape considered appropriate to the food items served.

4.2.2 Contractor shall follow the School Meal Menu Requirements for National School Lunch and School Breakfast Programs and must meet the following standards:

A.A.C R6-5-7446

For more information please refer to:

https://www.azed.gov/hns/school-meal-menu-requirements

4.2.2 (a) More fruits and vegetables: Vegetable choices must include weekly offerings of legumes, dark green and red/orange vegetables. Every breakfast must offer participants a full cup of fruits or vegetables.

Participants are required to take at least one half-cup serving of fruits or vegetables with every breakfast and lunch.

4.2.2 (b) Whole grains: All grains offered with meals must be whole grain-rich.

4.2.2 (c) Sodium limits: Must gradually reduce sodium levels in meals to meet limits. https://www.fns.usda.gov/cn/school-lunch-and-breakfast-sodium-limits-and-timeline

4.2.2 (d) Limits on unhealthy fat: Meals cannot contain added trans-fat and no more than 10 percent of calories can come from saturated fat.

4.2.2 (e) Low-fat and fat-free milk: Every school meal offers one cup of fat-free or

1% milk.

4.2.2 (f) Calorie limits: School meals must meet age-appropriate calorie minimums and maximums:

GRADES BREAKFAST LUNCH

K-5 350-500 calories 550-650 calories

6-8 400-550 600-700

9-12 450-600 750-850

4.2.3 Food items within the meat, vegetable/fruit, and dessert groups shall be different for the same days of each week in the month to provide for a variety of foods and https://procure.az.gov/bso/ https://www.azed.gov/hns/school-meal-menu-requirements https://www.fns.usda.gov/cn/school-lunch-and-breakfast-sodium-limits-and-timeline https://www.fns.usda.gov/cn/school-lunch-and-breakfast-sodium-limits-and-timeline

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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For more information, please refer to https://www.azed.gov/hns/nslp under Meal Patterns, as well as https://www.fns.usda.gov/cn/nutrition-standards-school-meals

4.2.4 Low sugar or sugar free desserts will be offered that are as close as possible to the listed dessert for non-diabetics. Examples of this are: sugar-free butterscotch pudding and regular butterscotch pudding, sugar free ice cream and regular ice cream, sugar free cookie and regular cookie, and so on. Upon request, fruit may be substituted for dessert.

4.3 Menu planning, preparation and posting

4.3. 1 A.A.C R6-5-7446. Nutrition, Menus and Food Service.

The contractor shall have a written, dated menu of planned meals. The menu shall be available at the facility at least one week before meals are served. The contractor shall post the weekly menu in the dining area or in a location where children may review it. The contractor shall keep a copy of the menu and any menu substitutions on file for one year. Any changes to the menu made after DCS approval must be agreed upon by DCS and documented on the menu records.

The Contractor shall adjust the menus at the request of DCS whenever DCS determines certain items to be unacceptable. Such items can be determined to be unacceptable because of:

4.3.1 (a) A monotonous diet resulting from items served frequently or the similarity to other items;

4.3.1 (b) The nutritional needs of the children;

4.3.1 (c) Susceptibility to spoilage;

4.3.1 (d) Excessive waste resulting from unpopularity of items with children.

4.3.2 Adjustments shall be made at the earliest convenience of both parties, but no later than one week after the request. In the case of spoilage, adjustments shall be made in such a manner that the children in attendance on the day spoilage is discovered shall receive acceptable meals, meeting meal requirements.

4.3.3 Contractor shall allow DCS to increase or decrease the number of meals prepped, as needed, when the request is made within 48 hours of the scheduled time.

4.3.4 If necessary, to allow contractor response to potential rapid changes in number of meals needed, DCS may be open to an arrangement where there are standard menu options for meal changes forecasted, a certain time period in advance, and other menu options available for quickly changing needs, as long as all options are of good quality and nutrition.

https://procure.az.gov/bso/ https://www.azed.gov/hns/nslp

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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4.3.5 Menu will include beverages including drinking water in bottle cases or dispensers.

4.4 Food Safety Requirements and Sanitation:

4.4.1 The Contractor shall be held accountable for food safety requirements via the

A.A.C Title 9, chapter 8, Department of Health Services Food, Recreational and Institutional Sanitation, Article 1.

4.4.1 (a) Contractor must monitor and document temperatures of menu items at the time of serving. A temperature log for each menu item served must be completed daily and maintained. The Contractor temperature log must be made available to DCS if requested.

4.4.1 (b) Products must be held under appropriate temperature conditions for products prior and during delivery.

4.4.2 Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of a business conducted by the contractor.

4.4.3 Contractor shall provide the DCS with a copy of current health certifications. The Contractor also agrees to notify the DCS of the results of any health inspection that is made during the duration of this agreement. The Contractor shall maintain proper sanitation practices and health standards in conformance with all applicable State and local laws and regulations. The Contractor shall assure that wholesome ingredients are used and that all food is properly stored, prepared, packaged. In addition, any substance that the food contacts or which is used in conjunction with the food shall be so handled as to assure that it does not become contaminated.

4.5 Equipment and Cleaning

4.5.1 The building landlord agrees to furnish, at its own cost and expense, the following kitchen and food service equipment at the DCS Maricopa Welcome Center, to be maintained by the Contractor, to include but not limited to the following:

4.5.1 (a)Commercial Refrigerators

4.5.1 (b)Tables

4.5.1 (c) Dry Storage area

4.5.1 (d) Service counter

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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4.5.2 All equipment, furnishings and fixtures as well as all office equipment and furnishings provided or installed by or under the direction of the landlord shall be property of the building landlord. At the end of the term or upon termination, Contractor and the landlord shall conduct a closing inventory, documenting any damaged and or missing equipment, normal wear and tear excepted. Contractor shall be responsible for any missing equipment, loss or damage to property of the landlord.

4.5.3 Contractor will be responsible for cleaning all areas in the kitchen, including the counters, kitchen equipment, kitchen utensils, storage areas and floors DAILY and as needed. (Contractor must sign off with DCS staff before leaving).

4.5.4 The contractor will provide and maintain and clean all necessary supplies including dish towels, aprons, dishes, cutlery, and any equipment necessary to meet the scope of work, unless equipment specifically provided by DCS, as listed in this proposal.

4.5.5 Contractor shall maintain all DCS equipment, small ware and supplies used in performance of its duties in a good state of repair, including maintenance or repair necessitated by ordinary wear and tear. Damage incurred to the property of DCS as a direct result of negligence or lack of maintenance on the part of the Contractor will be charged directly to the Contractor.

4.5.6 The Contractor shall maintain all food and beverage service facilities in a clean and sanitary condition in accordance and consistent with all applicable rules, demands and requirements of law, pertinent health and other authorities.

4.5.7 All refuse and waste material created by the Contractor’s operation in the food service area shall be promptly disposed of after each meal. DCS will supply adequate trash receptacles in the vicinity of service areas.

5.0 Contractor Requirements:

5.1 Staffing:

5.1.1 Contractor shall coordinate all communication and catering schedules through

DCS Welcome Center Supervisor.

5.1.2 Have adequate staff assigned to handle the capacity listed in their proposal.

Contractor shall supply DCS representative with a complete listing of its operations staff to be commissioned for this program.

5.1.3 Contractor’s staff will require food handlers’ card ( Maricopa County training).

https://www.maricopa.gov/5114/Food-Restaurants

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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5.1.4 Fingerprinting and Background Checks: The Contractor shall comply with all State and Federal legal requirements relating to a Central Registry Background Check, fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks.

1. Contractor shall ensure that all of Contractor’s employees, independent contractors, subcontractors, volunteers and other agents comply with, all applicable (current and future) legal requirements relating to a Central Registry Background Check, fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks that relate to contract performance per State and Federal guidelines.

5.1.5 Contractor shall at all times enforce, by adequate supervision and training of supervisory personnel, a safe environment for all DCS clients and staff.

5.1.6 Contractor shall train and closely supervise all of its employees so that they are aware of and habitually practice the high standards of hygiene and personal cleanliness, courtesy and service required.

5.1.7 Contractor shall at all times exercise total independent, prudent, reasonable experienced judgment in the serving of food. The Contractor at all time shall use only qualified and supervised personnel with training and experience in the catering of food.

5.1.8 Abide by all requirements specified in this Scope of Work and the Special Terms and Conditions outlined in this contract.

5.2 Professional Standards:

5.2.1 Staff are to be well groomed, and present a professional appearance. Clothing prohibited to wear includes:

1. Any garments deemed inappropriately tight, short, or revealing (mesh tops, midriff tops, tank tops, tube tops, short shorts, workout and/or yoga pants, etc.)

2. T-shirts that have decals, slogans, or pictures that contain references to illegal substances (i.e. alcohol, drugs, etc.) or immoral behavior are not allowed. (Provider Company Logo is acceptable)

3. Pants or shorts worn below the waist to the extent that the underwear and/or skin is/could be exposed.

4. Clothing shorter than 2" above the knee

5.2.2 Staff shall treat Youth in a courteous manner, refraining from profanity and adverse personal gestures toward them during services performed.

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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5.2.3 Contractor is prohibited from sharing any information regarding, or pictures of any parent/caregivers or children, including but not limited to verbally, on social, printed, or electronic media.

5.2.4 The Contractor will have all employees working at the Welcome Center wear a uniform and have photo identification (frontal face). This identification must be prominently displayed at all times. No one with a felony conviction may be employed under this Agreement.

5.3 Personnel File:

5.3.1 Maintain the following in staff's personnel file and update annually:

1. Any certifications (i.e. Food Handlers certification, etc.);

2. Central Registry Background Check; within first 30 days of employment.

3. Level One fingerprint clearance card;

4. Proof of training;

5. Proof of a valid Driver’s or Chauffeur’s License for all drivers, as needed;

5.4 Service Records:

5.4.1 Contractor shall maintain full and accurate records/production worksheets that document the menus provided as referenced in Section 4.3.1 in this proposal.

Contractor shall also maintain and make available:

5.4.1 (a) Such cost records as invoices, receipts or other documentation that exhibit the purchase, or otherwise availability to the Contractor, of the meal components and quantities itemized in the meal production records.

6.0 Reporting Requirements:

6.1 DCS reserves the right to request the Contractor to submit additional or revised reports related to the service provisions.

7.0 Payment Unit:

7.1 Pricing shall include a fee for service of Kitchen operations, for each meal on a ‘per person served’ cost basis, as determined by the scope of work section(s) 3.0, 4.0 and 5.0, for 5, 6 or 7 days per week on-site, as the Department requires. Headcount will be provided by DCS in advance, and shall be updated frequently as the number of projected meals are

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

Page 11 of 76 1 adjusted. A breakdown of the number of meals served must be indicated in the invoice.

Please include add-on costs of substitutions for dietary requirements and allergies, as well as individually prepared foods for intakes outside of scheduled meal times.

The Contractor shall provide a separate cost schedule for stocking the food storage closet.

Prices quoted shall include delivery costs and charges. A reimbursable payment point will be based on the amount of food and non-food items that DCS requests.

Payment is all-inclusive, including any fees and costs required to accomplish the Scope of Work and all aspects of Contractor’s offer as accepted by DCS. Details of the service not explicitly stated in the Scope of Work or in Contractor’s offer, but necessarily a part of, are deemed to be understood by Contractor and included herein.

8.0 Performance Requirements:

8.1 DCS will be monitoring fidelity of delivery to program design, and the outcomes of this contract based on the specific performance measures listed:

8.2 Contractor’s shall be expected to meet the DCS target rates as listed that are based on the specific performance measures listed within the scope of work. Failure to meet any of the performance metrics below or failing to meet any of the DCS expectations as outlined in the scope of work, may result in a vendor performance report that may lead to a demand for assurance, which could lead to contract termination for default.

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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# Performance Measure Target Due By Report Frequency Reference

% of the menu that meet the appropriate quality standards, calorie and nutrient levels for the ages of the children at the DCS Maricopa Welcome Center

100%

The 15th day of the month following the end of the service month

Monthly

Scope of Work 4.1, 4.2

& 5.4

% meals that cover a variety of dietary preferences and/or are adjusted to address food allergies. (vegetarian, gluten free, etc.)

Scope of Work 3.1.4

% compliance met with all applicable safety regulations, inspections, licensing and requirements for the location in which meals are being provided

Scope of Work 3.6 &

4.6

% maintaining inventory and expiration tracking

Scope of Work 3.6 &

4.4

% of cleanliness of counters, kitchen equipment, kitchen utensils, dry storage area and floors

Scope of Work 4.5

Department of Child Safety Office of Procurement & Contracts

3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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9.0 DEFINITIONS

1. Arizona Department of Child Safety (DCS): The state agency whose primary purpose is to protect children and includes the coordination of services to achieve and maintain permanency on behalf of the child. Also referred to as the “Department” or “DCS”.

2. Arizona Procurement Portal (APP): The State’s approved eProcurement system.

3. DCS Specialist: The DCS employee who is responsible for the case management of services provided to the family.

4. DCS Program Supervisor: The supervisor of the DCS employee who is responsible for case management services provided to the family.

5. Caregiver: Parties that provides legal (temporary, permanent or transitional) custody to the child (ren).

6. Central Registry: The information maintained by the DCS of substantiated reports of child abuse or neglect for the purposes of A.R.S. § 8-804.

7. Child: A person less than 18 years of age.

8. Collaboration: Partners agree to pool resources, jointly plan, identify, implement and evaluate new services and procedures, and delegate individual responsibility for the outcomes of their joint efforts.

9. Collaborative Partner: is a community social services agency, a family support program or a community organization, including a faith-based organization, which provides services.

10. Community Resource: is composed of appropriate community representatives, including but not limited to representation from families in the community and local public and community service agencies. Faith-based organizations, schools, business, and others may also be included.

11. Days: are calendar days unless otherwise stated.

12. Fingerprint clearance card: The card issued by the Arizona Department of Public Safety

(A.R.S. §§ 41-1758 et. Seq.) certifying that the person named on the card does not have a state or federal criminal history record containing an offense specified as a precluding crime in A.R.S. Title 41, Chapter 12.

13. Foster Care: Care and supervision provided to a child who is in the custody of the state.

14. Foster Child: A person less than 18 years of age who is receiving foster care. “Foster Child” is further defined under A.R.S. § 8-501(4). For the purpose of this contract, “foster child”:

Includes a young adult less than 21 years of age who continues to reside in a foster home under written individual case plan agreement for out-of-home care, or under the Independent Living Program defined in A.R.S. § 8-521;

Includes a child with Developmental Disability placed by DCS in a child developmental home;

Does not include a young adult who has returned to foster home under the Transitional Independent Living Program defined in A.R.S. § 8-521.01; and Does not include the birth or adopted child, of a foster parent, or other household member.

15. Foster Home: Means a residence where a foster parent lives and includes a detached home, all structures, and the entire premises belonging to the home, including apartments, guest homes, garages, sheds, and motorhomes. “Foster home” is further defined under A.R.S. § 8- 501.

Department of Child Safety Office of Procurement & Contracts

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Phoenix, AZ 85012

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16. Foster Parent: Means an individual or married couple, who provides foster care with a license from the OLR. “Foster parent” is further defined under A.R.S. § 8-501. For the purpose of this contract, “Foster family”, is held to the same definitions.

17. Hazard: Means a condition or situation that may cause or result in a physical injury or illness to a child.

18. Out of home placement: When a child is placed in any out-of-home setting, including foster home, group home, shelter care or a residential treatment facility.

19. Parent: The lawful and natural father or mother of a person.

20. Permanent Housing: A living arrangement chosen and secured by (or on behalf of) a young adult, where the young adult resides (or will reside after exiting the Extended Foster Care Program) and has demonstrated the ability to maintain independent of supports provided through the Department

21. Placement: Means the act of finding an appropriate foster home for a foster child and putting the foster child in that foster home.

22. Program Manager: The Manager of the section within the region.

23. Referral: DCS’s written, signed request for specific services. It may include a match or unmatched service authorization.

24. Rural Counties: Include Mohave, La Paz, Yuma, Yavapai, Coconino, Navajo, Apache, Gila

Graham, Greenlee, Cochise, and Santa Cruz Counties.

25. Safe: a state in which a child is not in danger of immediate or serious harm.

26. Safety Threats: Family behavior, conditions or circumstances that could result in harm to a child.

27. Sibling: Means brothers and sisters by birth or adoption, stepbrothers, stepsisters, half-brothers, and half-sisters.

28. Significant Incident: Any unforeseen, unexpected, or unplanned event that involves, but is not limited to; death, injury, violence (including physical, written, or verbal threats of violence), illness, or transport to a hospital from a single incident, an injury to staff or client, the flight or disappearance of a client, property damage to a department asset or personal property, theft, vandalism, property damage that will impact clients, relatives, DCS employees or administration, or the general public, and any other incident that may be considered newsworthy by the media or incur liability to the State of Arizona.

29. Transitional Youth: A person age eighteen (18) through twenty (20) and who was formerly in foster care and the subject of a dependency petition, adjudicated dependent or placed voluntarily pursuant to A.R.S. § 8-806.

30. Urban Counties: Includes Maricopa, Pinal, and Pima Counties.

31. Young Adult: A person age sixteen (16) through age twenty (20) who is under the care, custody and control of DCS.

Department of Child Safety Office of Procurement & Contracts

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Phoenix, AZ 85012

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10.0 PRICING

10.1 PRICING-ALL-INCLUSIVE. Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the Scope of Work and all aspects of Contractor’s offer as accepted by DCS. Details of service not explicitly stated in the Scope of Work or in Contractor’s Offer, but necessarily a part of, are deemed to be understood by Contractor and included herein. All administrative, reporting, or other requirements, all overhead costs, profit, and any other costs toward the accomplishment of the requirements in the Contract are included in the pricing provided.

10.2 PRICE INCREASES. DCS may review a fully documented request for a price increase. The requested increase shall be in writing and be based upon a cost increase to the contractor that was clearly unpredictable at the time of the offer and is directly correlated to the price of the services concerned. Contractor must provide conclusive evidence of a need for any price increases such as being substantiated by the Producer Price Index, Consumer Price Index, or similar pricing guide.

1. Initial Contract prices shall be honored for one (1) year after award of Contract.

2. All written requests for price adjustments made by the contractor shall be initiated forty-five (45) days before the contract is due to be extended for another year (45 days before contract end date).

3. All price adjustments will be implemented by a formal contract change order. DCS shall determine whether the requested price increase or an alternate option is in the best interest of the State.

10.3 ADDITIONAL CHARGES. Any charges or fees not delineated in the Contract may not be added, billed, or invoiced under the Contract. All additional work shall be approved in advance and be in accordance with the contract rate.

11.0 INVOICING

11.1 Monthly Invoices

11.1.1 Invoices and supporting documentation shall be submitted between the 1st and the 15th of the month following each service month.

11.1.2 Invoices shall be submitted by the methods listed below, but DCS will direct the

Contractor as to which submission type we will allow.

1. To the Accounts Payable Department:

a. The Contractor shall submit an accurate and complete invoice to AP by:

1) Emailing it to: AccountsPayable@azdcs.gov

b. The monthly invoice shall be signed and dated by the person authorized to submit invoices for the Contractor.

c. The monthly invoice shall include all of the required documentation mailto:AccountsPayable@azdcs.gov

Department of Child Safety Office of Procurement & Contracts

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d. Invoice must display the corresponding contract number

11.1.3 Final invoices shall be submitted by the 30th day of the month following the end of each contract year. The final invoice shall include all adjustments to invoices submitted during the immediately preceding contract year and all claims for unpaid services provided during the immediately preceding contract year.

11.1.4 Payment shall only be made by the Department upon receipt of a timely and accurately submitted invoice with required documentation as indicated above.

Non-compliance shall delay the payment process

11.1.5 Defective Invoices. Without prejudice to its other rights under the Contract or further obligation to Contractor, DCS may, at its discretion, reject any materially defective invoice.

1. DCS shall notify Contractor after receipt if DCS determines an invoice to be materially defective.

2. Invoices will be deemed automatically rejected upon delivery if they:

a. are sent to an incorrect address;

b. do not reference the correct DCS contract number; or

c. are payable to any Person other than the Contractor.

3. DCS will have no obligation to pay against a defective invoice unless and until Contractor has re-submitted the invoice free of defects.

11.2 Payments (will not be made unless there is a correct invoice received)

11.2.1 DCS may pay accurate claims submitted with all required supporting documentation for any undisputed amounts due to the Contractor within the time specified in the Special Terms and Conditions.

11.2.2 DCS may, but is under no obligation to, pay by joint check or to pay directly to any Subcontractor or other creditor to whom any portion of Contractor’s requested payment is owed.

11.2.3 If DCS determines that an over-payment has been made to the Contractor on any prior invoice, it shall inform Contractor of the amount and date of the over-payment and may deduct the over-paid amount from amounts then or thereafter due to the Contractor.

11.2.4 The Contractor shall make payment of all undisputed amounts due to

Subcontractors within thirty (30) days of receipt of funds from DCS applicable to their services.

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

Special Terms and Conditions

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The Special Terms and Conditions modify the Uniform Terms and Conditions and its Appendices. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

Definition of Terms

In addition to the terms and conditions defined in the Uniform Terms and Conditions and as used in the Contract, the following terms listed shall apply:

1.1 Acceptance “Acceptance” means the document headed “Offer and Acceptance Form” bearing the State contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2 Accepted Offer If State did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

If State did request a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

If State requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3 Arizona

Procurement Code;

A.R.S.;

A.A.C.

“Arizona Procurement Code” means, collectively, Title 41 Chapter 23, et.

sequitur, in the Arizona Revised Statutes (abbreviated “A.R.S.”) and administrative rules R2 7 101 et. sequitur in the Arizona Administrative Code (abbreviated “A.A.C.”).

The Arizona Department of Administration State Procurement Office provides a reference compilation of the Arizona Procurement Code on its website:

https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations

The Arizona State Legislature provides the official A.R.S. online at:

http://www.azleg.gov/ArizonaRevisedStatutes.asp

The Office of the Arizona Secretary of State provides the official A.A.C.

online at:

http://www.azsos.gov/rules/arizona-administrative-code

1.4 Attachment “Attachment” means any item that:

• the Solicitation required Offeror to submit as part of the relevant Offer https://procure.az.gov/bso/ https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations http://www.azleg.gov/ArizonaRevisedStatutes.asp http://www.azsos.gov/rules/arizona-administrative-code

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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(e.g., Initial Offer, Revised Offer, or BAFO);

• was attached to an Offer when submitted; and

• was included in the Accepted Offer.

1.5 Award Date “Award Date” means 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 Acceptance or Signature page.

1.6 Background Check “Background Check” means the combination of obtaining a level one fingerprint clearance card, an Arizona central registry check and a central registry check in any state a staff has resided at any time within the five-year period prior to the hire date with the contractor.

1.7 Contract

Amendment

"Contract Amendment" means a document signed by Procurement Officer that has been issued for the purpose of making changes to the Contract after execution. The term “Change Order” in the eProcurement system is to be construed as being synonymous with “Contract Amendment”.

1.8 Contract Terms

and Conditions

“Contract Terms and Conditions” means these Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.9 Contractor “Contractor” means the Person identified on the Accepted Offer who has entered into the Contract with State.

1.10 Contractor

Indemnitor

“Contractor Indemnitor” means Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.11 Department “Department” means the Arizona Department of Child Safety (ADCS), unless otherwise indicated.

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

1.13 eProcurement “eProcurement” means State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy.

NOTE (1): The URL for the eProcurement system itself is:

https://app.az.gov/

NOTE (2): The name and URL for the State’s official electronic procurement system may change at any time during the contract period. Contractors will be notified in writing of any such changes. No contract amendment is required for this change.

1.14 May “May” indicates something that is not mandatory but permissible.

https://app.az.gov/

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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1.15 Pricing Document “Pricing Document” means Section 2-C of Part 2 of the Solicitation Documents, provided that, if there is no such Section in the Contract, then “Pricing Document” is to be construed as referring to whatever item in the Contract contains the contracted pricing and payment provisions.

1.16 Shall or Must “Shall, Must” indicates a mandatory requirement.

1.17 Should “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.

1.18 Vulnerable Adult “Vulnerable adult" means an individual who is eighteen (18) years of age or older who is unable to protect themselves from abuse, neglect or exploitation by others because of a physical or mental impairment.

Vulnerable adult also includes an incapacitated person as defined in A.R.S.

§ 14-5101.

2. Legal Authority

2.1 State 1. Arizona Revised Statutes (A.R.S.) § 8-453 (A)(11) authorizes ADCS to make contracts and incur obligations within the general scope of its activities and operations subject to the availability of funds.

2. A.R.S § 8-453(A)(9)(b)(i) authorized ADCS to provide the cost of care of children who are adjudicated by the court as dependent and who are in out of home placement.

3. A.R.S. § 8-846 authorizes ADCS to provide services to children and families.

4. Arizona Constitution, Article 28 governs Limited English Proficiency in the State of Arizona.

2.2 Federal Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., and 45 C.F.R Part §80.3(b) are the federal laws that prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. Title VI of the Civil Rights Act of 1964, 42 U.S.C.

§ 2000d, et seq., and 45 C.F.R Part § 92.201 are the federal laws governing Limited English Proficiency.

The Contractor shall ensure that all services provided are culturally relevant and linguistically appropriate to the population to be served following the ADCS Policy, Limited English Proficiency, DCS 06-01).

3. Contract Administration and Operation

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

Page 20 of 76 1

3.1 Eligible Agencies 1. If the Special Terms and Conditions indicate that the Contract is a “single-agency” contract, then “Eligible Agency” means the particular State of Arizona agency, university, commission, or board identified therein.

2. If the Special Terms and Conditions indicate that the Contract is a mandatory statewide contract, then “Eligible Agency” means any State of Arizona department, agency, university, commission, or board.

3. If the Special Terms and Conditions indicate that the Contract is a “cooperative” contract available for use by Co-Op Buyers, then “Eligible Agency” means any State of Arizona department, agency, university, commission, board, or any Co-Op Buyer.

3.2 Term of Contract The term of the Contract will commence on the date indicated on the Offer and Acceptance and continue for one (1) year unless canceled, terminated, or permissibly extended.

3.3 Contract Extensions The State shall have the unilateral right to extend the contract period for additional one (1) year periods or portions thereof for a total contract term not to exceed five (5) years. The terms and conditions of any such contract extension shall remain the same as the original contract.

1. The State has no obligation to extend or renew a contract.

2. Contracts may be extended or renewed for multiple periods, or may be established as a multi-year contract in its entirety or in part at the sole option of the State.

3.4 Notices In addition to the Uniform Terms and Conditions, the following shall apply:

1. All notices shall reference the contract number.

2. The Contractor shall give written notice to the Department of changes to the following, and a written amendment to the contract shall not be necessary:

a. Change of telephone number;

b. Changes in the name and/or address of the person to whom notices are to be sent;

c. Changes in contract-related personnel positions of the Contractor which do not affect staffing ratios, staff qualifications or specific individuals required under this contract.

3.5 Estimated

Quantities

The contract references quantities as a general indication of the needs of the state. Although the state anticipates considerable activity during the term of the contract, the quantities referenced are estimates only. No commitment is expressed or implied as to quantities actually purchased

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

Page 21 of 76 1 during the contract term.

3.6 Contractor Licenses Contractor shall maintain current all federal, state and local licenses and permits required for the operation of its business in general, for its operations under the Contract, and for the Work itself.

3.7 E-Verify In addition to the terms and conditions in the Uniform Terms and Conditions, the following shall apply:

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

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

3.8 Background Checks

for Employment through the Central Registry

If providing direct services to children or vulnerable adults, the following shall apply:

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

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:

a. Any person employed or who is applying for employment with a child welfare agency;

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

c. All employees of a contractor;

d. A subcontractor of a contractor and the subcontractor’s employees;

and

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

f. 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.

3. 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

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

Page 22 of 76 1

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.

4. 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.

a. The Certification for Direct Service Position can be obtained by emailing DCSCentralRegistry@azdcs.gov.

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 ADCS clients.

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. The Request for Search of Central Registry for Background Check form is located under forms at:

https://dcs.az.gov/data/dcs-documents.

3.9 Fingerprinting 1. Contractor shall comply with, and shall ensure that all of Contractor’s employees, independent contractors, subcontractors, volunteers and other agents comply with, all applicable (current and future) legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks that relate to contract performance.

2. Applicable legal requirements relating to fingerprinting, certification, and criminal background checks may include, but are not limited, to the following: A.R.S. § 36-594.01, 36-3008, 41-1964, and 46-141. All applicable legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks are hereby incorporated in their entirety as provisions of this contract. The Contractor is responsible for knowing which legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks relate to contract performance.

3. To the extent A.R.S. § 46-141 is applicable to contract performance or the services provided under this contract, the following provisions apply:

a. Personnel who are employed by the Contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults shall have a valid fingerprint clearance card.

mailto:DCSCentralRegistry@azdcs.gov

Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

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b. Except as provided in A.R.S. § 46-141, this contract may be cancelled or terminated immediately if a person employed by the Contractor and who has contact with juveniles certifies pursuant to the provisions of A.R.S. § 46-141 (as may be amended) that the person is awaiting trial or has been convicted of any of the offenses listed therein in this State, or of acts committed in another state that would be offenses in this State, or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

4. Federally recognized Indian tribes will submit and the Department of Child Safety shall accept certifications that state that no personnel who are employed or who will be employed during the contract term have been convicted of, have admitted committing or are awaiting trial on any offense as described in A.R.S. § 36-594.01 (as may be amended).

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

1. Inappropriate use or divulging of information gathered or discovered pursuant to the performance of its duties under the…