CTR075436_Contract_Documents.pdf

Yesenia Sandoval

Chief Procurement Officer

Mar 6, 2025 https://azdesgov.na1.adobesign.com/verifier?tx=CBJCHBCAABAAZalVDGwPBRTZSOLUOwz1RHnSSdbcIDJ9

Table of Contents

Contract No.: CTR075436

Description: Community Action Services Program

Rev. 04-2024, v11

CONTRACTOR IS STRONGLY ENCOURAGED TO READ THE ENTIRE CONTRACT.

Table of Contents

Scope of Work

Exhibit A – Contractor’s Equipment List

Exhibit B – Itemized Service Budget (ISB)

Exhibit C - Certification of De Minimis

Exhibit D – Monthly CAPS Household Report

Special Terms and Conditions

Uniform Terms and Conditions

Attachment 1 - Certification Regarding Lobbying

Attachment 2 - Participation in Boycott of Israel

Attachment 3 - Certification Regarding: Debarment, Suspension, Ineligibility and Voluntary Exclusion

Attachment 4 – Forced Labor of Ethnic Uyghurs Ban

Attachment 5 – Affirmation of Central Registry Background Checks

Scope of Work

1. ADES Mission and Vision Statements

1.1 ADES Mission: To strengthen individuals, families, and communities for a better quality of life.

1.2 ADES Vision: A thriving Arizona.

2. Purpose

2.1 Purpose Statement: To provide broad-ranging programs and services in rural and urban areas that are intended to pursue the reduction of poverty, the revitalization of low-income communities, and the empowerment of low-income families and individuals to become fully self-sufficient.

2.2 Legal Authority: A.R.S. § 41-1954(A)(6) provides ADES, hereafter referred to as the Department, the authority to contract and incur obligations within the general scope of its activities and operations.

2.3 Funding: Fund sources that support the services include the Community Services Block Grant (CSBG), Federal Energy Regulatory Commission (FERC), Temporary Assistance to Needy Families (TANF), Social Services Block Grant (SSBG), Low Income Home Energy Assistance Program (LIHEAP), and Neighbors Helping Neighbors (NHN), and others as may be available.

3. Service Description

3.1 Taxonomy Definition: Community Action Services Program: Services provide assistance and assess the needs of low-income Clients to determine the incremental steps the Client must take to move toward economic Self-sufficiency. Services available include but are not limited to:

coordination, community services, case management, utility assistance, and weatherization.

3.2 Actual Service Description: Services include Community Services and Case Management Services for Utility Assistance, Short Term-Crisis Services (STCS).

3.2.1 Community Services: Services that are provided with the objective to:

3.2.1.1 Strengthen community capabilities for planning and coordinating the use of a broad range of resources related to the elimination of poverty;

3.2.1.2 Organize a range of services so that these services may have a measurable and potentially major impact on the causes of poverty and help families and individuals become self-sufficient;

3.2.1.3 Utilize innovative and effective community-based approaches to attacking the causes of poverty and of community breakdown;

3.2.1.4 Maximize the participation of individuals with low income to empower them to respond to the unique problems and needs within their communities; and

3.2.1.5 Broaden the resource base of programs directed to the elimination of poverty.

3.2.2 Case Management Services: Services that provide assistance to low-income families and individuals by providing case management services that are intended to assist the household in resolving crisis situations and move closer to Self-sufficiency. Components of this Service include Short-Term Crisis Services (STCS), and any other program or service the Contractor deems necessary and appropriate, according to local community needs and priorities. Components of Case Management include, but not limited to:

3.2.2.1 Assist families with children through temporary assistance who have an emergent need with STCS, funded by the Temporary Assistance to Needy Families (TANF) Grant.

3.3 Background: In an effort for the Child and Community Services Division (CCSD), a division of

ADES, to expand access to services and increase the Self-sufficiency of citizens across the State, CCSD works with the Community Action Program (CAP) network, consisting of eleven Community Action Agencies (City of Phoenix, City of Glendale, Maricopa County, Mesa Community Action Network, Northern Arizona Council of Governments, Coconino County, Western Arizona Council of Governments, Pima County, SouthEastern Arizona Community Action Program, Community Action Human Resources Agency, and Gila County), and one limited purpose agency (Portable Practical Education Preparation).

4. Definitions

4.1 Client: An eligible individual who meets the requirements for a particular service or program as outlined under state and federal law.

4.2 COATES: Community Opportunities, Accountability, Training and Educational Services Act of 1998, Public Law 105-285.

4.3 CSBG Act: The Community Services Block Grant Act (42 U.S.C. § 9901 et seq.), as amended by Public Law 105-285.

4.4 Community Action Agency (CAA): A designated eligible entity as described under the federal Community Services Block Grant Act.

4.5 Community Action Program Plan: A document submitted by Community Action Agencies to the Division of Community Assistance and Development in order to receive the funding provided under Public Law, Title II, Community Services Block Grant Program, Section 676 and under 42 U.S.C. § 8624(a)(1), Assurance 3 and 4 of the Low Income Home Energy Assistance Program Act.

4.6 Linguistically Appropriate and Culturally Relevant: Respect and responsiveness to explicit cultural and linguistic needs of individuals that are reflected in behaviors, attitudes, and policies that form an agency service system. Such a system enables the agency to work effectively in cross-cultural situations. The agency will offer culturally compatible service delivery by taking into account distinct nuances and differing values, behaviors, expectations, and life skills that are often rooted in varied cultures.

4.7 Private, non-profit CAAs: A designated Community Action Agency that has been established and maintained as a 501(c)(3) as recognized by the Internal Revenue Service.

4.8 Public CAAs: A designated Community Action Agency that is a unit of Local Government such as a municipality, or a County Government.

4.9 Qualified Non-Citizen: Qualified non-citizens include lawful permanent residents, asylees, refugees, certain individuals with parole status, those whose deportations are being withheld, those who have been granted conditional entry (prior to April 1, 1980), individuals who are the victims of battery, Cuban/Haitian entrants, and victims of a severe form of trafficking.

4.10 Results Oriented Management and Accountability (ROMA): A performance management system prescribed by the Federal Department of Health and Human Services for Community Action Agencies.

4.11 Self-sufficiency: The ability of an individual or family to sustain a given status without ongoing support from social service agencies. Self-sufficiency can be personal or economic in nature;

Personal self-sufficiency is the possession of physical, mental, emotional, and social resources which are sufficient for ongoing well-being; Economic Self-sufficiency is the possession of economic resources which are sufficient for ongoing solvency at a generally acceptable standard of living.

5. General Requirements

The Contractor shall:

5.1 Provide services that are Linguistically Appropriate and Culturally Relevant to the population being served.

5.2 Comply with the applicable Community Services Program Policy and Procedures on the CCSD Community Partner Reference Manual located at: https://des.az.gov/ccsd-community-partner-reference-manual, as may be amended, and all applicable federal, state, and local laws, rules, and regulations as may be amended, including but not limited to the following:

5.2.1 COATES Human Services Reauthorization Act of 1998;

5.2.2 2 CFR 200 – Uniform Administrative Requirements;

5.2.3 Personal Responsibility and Work Opportunity Reconciliation Act of 1996;

5.2.4 Stewart B. McKinney Homeless Assistance Act;

5.2.5 A.R.S. §46-241.01 - Short Term Crisis Services;

5.2.6 A.R.S. §46-731 - Utility Assistance;

5.2.7 A.R.S. §46-140.01 - Verifying applicants for public benefits; violation; classification;

citizen suits;

5.2.8 A.R.S. §1-501 - Eligibility for federal public benefits; documentation; violation;

classification; citizen suits; court costs and attorney fees; definition and

5.2.9 A.R.S. §1-502 Eligibility for state or local public benefits.

5.3 Verify and assure that staff members and volunteers do not have conflicts of interest in the provision of services and management of the programs. If it is determined at a later time that a staff member or volunteer has a conflict of interest, the Contractor shall remove the staff member or volunteer from performing services in which a conflict is present immediately.

https://des.az.gov/ccsd-community-partner-reference-manual https://des.az.gov/ccsd-community-partner-reference-manual

5.4 Maintain documentation that key staff has received appropriate training or hold appropriate certification/licensure in accordance with their job descriptions.

5.5 Train all key management personnel, direct service personnel and volunteers on the CCSD Community Partner Reference Manual and provide follow up training as needed to ensure adherence to the policies and procedures. Training shall be conducted in a timely manner by providing training directly or requesting ADES to provide training.

5.5.1 Train appropriate personnel to utilize and complete ADES-approved written or electronic form(s) in accordance with the CCSD Community Partner Reference Manual.

5.6 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 for review and approval within 60 days of contract execution.

5.7 Maintain records that protect confidentiality and privacy of Clients and utilize secured storage to store confidential information.

5.8 Establish procedures on document retention and destruction and provide to ADES upon request.

5.9 Continuously update all procedures to reflect any changes made by ADES, U.S. Department of Health and Human Services (DHHS) Office of Community Services (OCS), and other websites.

5.10 Utilize computer back-up and recovery systems and procedures to prevent loss of data required for ADES reports and any disruption or degradation of services.

5.11 Utilize a computer-based tracking system from which monthly, quarterly, and other reports may be generated.

5.12 Develop partnerships and network with related programs to provide more immediate resolution to issues and expand resources.

5.13 Form local partnerships with community agencies to address the needs of low-income families and individuals.

5.14 Network with social service professionals within the community to expand their means to receive and disseminate information for each service.

5.15 Facilitate and participate in education, training, and information seminars, workshops, and conferences.

5.16 Participate in conference calls and attend meetings initiated by ADES to receive training or obtain information.

5.17 Provide services directly, as allowed, or through subcontractors.

5.18 Collect and report required Client data.

5.19 Maintain permanent facility locations which offer sufficient Client waiting space or waiting rooms, adequate seating, and restrooms for program applicants.

5.20 Maintain documentation of all costs associated with the provision of Contract services.

5.21 Document and maintain all Client eligibility and back-up documentation for all expenses as directed in the Special Terms and Conditions Section 39, Records.

5.21.1 Comply and assist ADES with a semi-annual desk audit of files during the contract year.

5.21.2 Ensure compliance with all regulations, including the Standards for Documentation of Personnel Expenses including time and effort as outlined in §200.430.

5.22 Ensure expenditures are allowable, allocable, and reasonable as required under 2 CFR Part

200.430. Additionally verify all purchases, expenses, and expenditures comply with the allowable costs established by the Department of Health and Human Services (DHHS) as outlined in 2

CFR 200.

5.23 Not purchase equipment that exceeds $10,000 without prior ADES approval by utilizing the Contractor’s Equipment List (Exhibit A).

5.23.1 If the Contractor is authorized to purchase equipment, it shall be itemized in the contract for utilization in the delivery of contract services.

5.23.2 If equipment is purchased as authorized by this contract, the Contractor shall maintain complete and up-to-date inventory records for all equipment purchased hereunder.

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

5.24 Provide the following if direct services are being provided by subcontractors:

5.24.1 Contractor must maintain and provide a copy of the formal written contract set in place with their subcontracts in accordance with the Special Terms and Conditions Section 43.

5.24.2 Provide administrative assistance, training, and technical assistance to subcontractors in support of administrative functions as needed or requested by subcontractors.

5.24.3 Require that subcontractors are in compliance with applicable Federal Regulations, State

Regulations, CCSD Community Partner Reference Manual, and all requirements of this Contract.

5.24.4 Provide technical assistance to subcontractors through procedural interpretation or by additional research upon request.

5.24.5 Develop and present initial and refresher training to subcontractor staff as deemed necessary by the Contractor, subcontractor, or ADES.

https://www.ecfr.gov/current/title-2/part-200/section-200.430 https://www.ecfr.gov/current/title-2/part-200/section-200.430

5.24.6 Hold quarterly meetings at a minimum with subcontractors to communicate new developments, discuss problems, share ideas for improvements, and address other identified topic areas.

5.25 Utilize Client grievance procedures in accordance with the Community Action section of the

CCSD Grievances Policy , to respond timely and effectively to complaints.

5.26 Identify service gaps among Client populations and develop and implement services or resources to meet identified needs.

5.27 Identify and address Client barriers to receiving services and work towards minimizing and resolving barriers.

5.28 Monitor subcontractors for program compliance, in accordance with the CCSD Community Partner Reference Manual.

5.28.1 Create and utilize instruments for monitoring and evaluating subcontractors’ performance and compliance with this Contract.

5.28.2 ADES may request verification of subcontractor contracts as part of the monitoring process.

5.28.3 Conduct at a minimum, on-site contract compliance monitoring of each subcontractor twice during the five (5) year term of this Contract, to include, but not limited to, facilities, administrative and financial operations, and programmatic service delivery.

5.29 Develop and implement a process to improve service and performance of this Contract in accordance with Section 6.2.

5.30 Participate in ADES evaluation studies, when required.

6. Community Services:

6.1 Tripartite Board Requirements

6.1.1 Maintain a Tripartite Governing (for Private, non-profit CAAs) or Advisory (for Public

CAAs) Board that is structured as follows:

6.1.1.1 One-third of members are elected public officials currently holding office or such officials’ representatives.

6.1.1.1.1 If a current elected official (or the representative of one (1) cannot be identified to fill a vacancy on this sector of the board within the timeframe specified Scope of Work Section 6.1.6, a current appointive official (or the representative of one) may serve instead.

6.1.1.2 At least one-third of members are low-income representatives, i.e. individuals who are (or have previously been) low-income, reside in the service area that they represent, and have been democratically selected by other low-income representatives residing in the same service area.

6.1.1.2.1 If an individual who is (or has previously been) low-income cannot be identified to fill a vacancy on this sector of the board within the https://des.az.gov/sites/default/files/dl/DCAD-Grievance-Policy.pdf?time=1726250342410 https://des.az.gov/sites/default/files/dl/DCAD-Grievance-Policy.pdf?time=1726250342410 timeframe specified in Scope of Work Section 6.1.6, a non-low-income individual may serve instead provided that he or she meets the other requirements of Scope of Work Section 6.1.1.2 and that the Contractor immediately notifies ADES of the special circumstance.

6.1.1.3 The remaining members are representatives of major groups and interests in the community, for example, businesses, social service providers, religious organizations, law enforcement, and educational institutions.

6.1.2 Structure the logistics of board meetings to the maximum feasible extent, to enable participation by eligible individuals despite such challenges as scheduling or transportation.

6.1.3 Establish and follow written Board procedures and/or bylaws that include at minimum:

6.1.3.1 A specification of the tripartite structure of the Board;

6.1.3.2 The democratic selection process utilized for proper low-income representation.

6.1.3.3 The process by which an individual or organization that considers its organization and/or low-income individuals to be inadequately represented on the Board may petition for adequate representation.

6.1.4 Maintain records of Board membership, bylaws, and meeting minutes.

6.1.5 Conduct Board meetings at least once per quarter.

6.1.5.1 For public and quasi-governmental CAAs, meetings must conform to Arizona open meeting laws.

6.1.6 Fill Board vacancies as soon as possible and within no more than 240 days of the vacancy occurring.

6.1.7 Immediately notify the ADES of any Board vacancies that are not filled within 90 days of the vacancy occurring.

6.2 Results Oriented Management and Accountability (ROMA) Requirements:

The Contractor shall:

6.2.1 Implement practices for continuous organizational growth and improvement in accordance with the ROMA cycle of Assess-Plan-Implement-Achieve-Evaluate. This includes, at a minimum, the following:

6.2.1.1 Assess

6.2.1.1.1 Utilize and complete at least once every three (3) years, the community needs assessment identified in Scope of Work Section 6.3.3.2.

6.2.1.2 Plan

6.2.1.2.1 Complete at least once every five (5) years, a Strategic Plan which contains goals and strategies for addressing needs identified in the community needs assessment.

6.2.1.2.2 Complete, annually, a Community Action Program Plan using the

ADES approved software module which identifies specific strategies to be implemented that year toward meeting the goals in the Strategic Plan.

6.2.1.3 Implement

6.2.1.3.1 Take action based on the Strategic Plan and Community Action Program Plan; at least once per year, present updates to the Board on the progress of each.

6.2.1.3.2 Ensure that adequate systems, electronic or otherwise, are in place to allow for accurate collection of outcomes data.

6.2.1.4 Achieve

6.2.1.4.1 Measure and report results accurately in the ADES approved software module.

6.2.1.5 Evaluate

6.2.1.5.1 Analyze results and outcomes data to identify successful and unsuccessful strategies.

6.2.1.5.2 At least once per year, make recommendations to the Board regarding action to be taken based on the analysis conducted.

6.3 Community Services Requirements:

6.3.1 Purpose Statement: To provide a range of services that have a measurable, and major impact on causes of poverty.

6.3.2 Service Description:

6.3.2.1 Community Services are funded by the Community Services Block Grant

(CSBG) and funds must be used to further one or more of the three (3) national goals of Community Action:

6.3.2.1.1 Individuals and families with low incomes are stable and achieve economic security;

6.3.2.1.2 Communities where people with low incomes live are healthy and offer economic opportunity; and

6.3.2.1.3 People with low incomes are engaged and active in building opportunities in communities.

6.3.2.2 Specific allowable activities are as follows:

6.3.2.2.1 Individual and family stabilization: Stabilization consists of activities which provide resources to compensate for Clients’ gaps in Self-

Sufficiency. Examples include but are not limited to financial assistance activities and the operation of a food bank.

6.3.2.2.2 Individual and family empowerment: Empowerment consists of activities which promote the attainment of Economic and/or Personal Self-Sufficiency by individuals and families. Examples include but are not limited to asset-building and mentoring programs.

6.3.2.2.3 Community strengthening: Community strengthening consists of activities which improve the health of or create economic opportunities in communities where individuals with low incomes live. Examples include but are not limited to establishing mental health resources and developing affordable housing units.

6.3.2.2.4 Community engagement: Community engagement consists of activities which engage individuals and/or organizations in working toward one or more of the three national goals of Community Action.

Examples include but are not limited to advocacy, fundraising, and volunteer recruitment.

6.3.2.2.5 Other: With the prior written approval of the ADES, CSBG funding may be used for activities not described above but which further one or more of the three national goals of Community Action referenced in Scope of Work Section 6.3.2.1.

6.3.3 Service Requirements

6.3.3.1 Conduct a comprehensive community needs assessment of the designated geographic area served at least once every three (3) years; The assessment will contain, at a minimum:

6.3.3.1.1 Key findings resulting from the community assessment;

6.3.3.1.2 Population/poverty demographics obtained from the US Census

Bureau and other valid sources;

6.3.3.1.3 Information obtained from low-income individuals;

6.3.3.1.4 Information obtained from at minimum: community-based organizations, faith-based organizations, private sector, public sector, and educational institutions;

6.3.3.1.5 Identify needs or service gaps; and

6.3.3.1.6 Identify community assets/resources.

6.3.3.2 Comply with all requirements of Public Law 105-285, as amended, including but not limited to the following:

6.3.3.2.1 Directly or indirectly provide, on an emergency basis, for the provision of such supplies and services, nutritious foods, and related services, as may be necessary to counteract conditions of starvation and malnutrition among low-income individuals. Cf. P.L. 105-285 §676(b)(4).

6.3.3.2.2 CSBG funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy-related home repairs) of any building or other facility. Cf. P.L. 105- 285 §678(F)(a).

6.3.3.2.3 Programs funded by CSBG may not be carried out in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with any partisan or nonpartisan political activity or any political activity associated with a candidate, or contending faction or group, in an election for public or party office; any activity to provide voters or prospective voters with transportation to the polls or similar assistance with any such election; or any voter registration activity. Cf. P.L. 105-285 §678(F)(b)(2).

6.3.3.2.4 No person may, on the basis of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with CSBG. Any prohibition against distribution on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified individual with a disability as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. Cf. P.L. 105- 285 §678(F)(c).

6.3.3.2.5 Custodial parents in single-parent families that participate in programs, activities, or services funded by CSBG must be informed of the availability of child support services, and eligible parents must be referred to the child support offices of State and local governments. Cf. P.L. 105-285 §678(G)(b).

7. Case Management:

7.1. Short-Term Crisis Services (STCS) Requirements:

7.1.1 Purpose: STCS provides temporary assistance to families with children who have an emergent need that cannot be met immediately with their own income or other resources.

7.1.2 Service Description: Allowable services are as follows:

7.1.2.1 Temporary shelter at hotels/motels for homeless persons;

7.1.2.2 Housing assistance for rent or mortgage assistance, move-in, and eviction prevention;

7.1.2.3 Utility assistance for persons with a current or anticipated interruption of heating and/or cooling services; and

7.1.2.4 Special needs to secure or maintain employment.

7.1.3 Service Requirements:

7.1.3.1 Utilize intake procedures which are responsive to households in crisis situations.

7.1.3.2 Utilize intake procedures which accommodate applicants who, by virtue of a disability, cannot access or use Contractor’s facilities.

7.1.3.3 Utilize an ADES-approved Application for Services form(s) in determining program eligibility at all service locations.

7.1.3.4 Deliver payments as specified in the Community Services Program Policy and Procedures for Community Action Programs, STCS Policy for Clients to the greatest extent feasible while still preserving program integrity and compliance.

7.1.3.4.1 With prior written approval of ADES, Contractor may implement service policies and methodologies which make the provision of utility assistance and STCS less quick and convenient but which the Contractor believes will ultimately be of benefit to Clients.

7.1.3.5 Maintain the ability to transmit payment to any energy vendor on behalf of an eligible Client.

7.1.3.6 Develop consistent internal procedures for making payments to utility companies.

7.1.3.7 Maintain documentation that appropriate case management staff have received training on the requirements of A.R.S. §46-140.01, A.R.S. §1-501, and A.R.S. § 1-502 regarding eligibility for State and local benefits.

7.1.3.8 Attend required training session(s) scheduled by ADES.

8. Payment

8.1 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 (ISB) (Exhibit B, as may be amended).

8.1.1 Mileage rate will be reimbursed at no greater than the current rate specified by the

State of Arizona Accounting Manual, Topic 50 Travel, Section 95, Maximum Mileage.

8.1.2 Submit an annual ISB or revised ISB to ADES within 90 business days of the receipt of an Allocation Notice (Alert) for ADES review and approval. Alerts are available on the ADES website using the link: https://des.az.gov/services/aging-and-adult/division-aging-and-adult-services/alerts-arizona-division-aging-and-adult

8.1.3 Authorization for performance of services under this contract shall be made only upon a duly approved ISB, which will indicate the contract number, the dollar amount of funds authorized, and added to this Contract via an Amendment.

https://gao.az.gov/state-arizona-accounting-manual-saam https://des.az.gov/services/aging-and-adult/division-aging-and-adult-services/alerts-arizona-division-aging-and-adult https://des.az.gov/services/aging-and-adult/division-aging-and-adult-services/alerts-arizona-division-aging-and-adult

8.1.3.1 The Contractor shall only be authorized to perform services up to the amount on the approved ISB. ADES shall not have any legal obligation to pay for services in excess of the amount indicated on the ISB.

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

8.2 If the Contractor elects to use a de Minimis rate for indirect costs, they must complete and submit the Certification of De Minimis (Exhibit C, as may be amended).

8.3 If the Contractor uses 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.

9. Reporting Requirements:

9.1 Certificate(s) of Insurance

9.1.1 The Contractor shall submit the required certificate of insurance and policy endorsements within ten (10) calendar days of a contract award and shall maintain valid insurance, including policy renewals, on file in the ADES certificate of insurance tracking portal, myCOI.

9.1.2 Prior to the expiration of COI(s), the Contractor must submit a new COI(s) and endorsements into the insurance tracking portal, myCOI.com.

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

9.2 General Reporting Requirements:

9.2.1 Submit all notices/correspondence/documents relevant to this Contract electronically to the assigned ADES Contract Specialist, or as directed by ADES.

9.2.2 Input and submit, accurate and complete monthly billing and back up information into the Division of Aging and Adult Reporting System (DAARS) in accordance with the system Guide as may be amended, or as directed by ADES.

9.2.2.1 Upload all required activity reports and Payment Voucher (PV) reports with the financial billing each month. ADES will not process an invoice until all reports have been uploaded into DAARS.

9.2.3 Submit an Annual Cost Allocation Plan, at the beginning of each State Fiscal Year no later than July 1.

9.2.4 Current Organizational Chart, due no later than July 1 of each year.

9.2.5 Current Agency Operations Chart due no later than July 1 of each year.

9.2.6 Submit a completed Contractor’s Equipment List (Exhibit A, as may be amended), for all proposed equipment purchases costing $10,000 or more to be purchased in whole or in part with ADES funds. Exhibit A shall be submitted for prior approval to ADES. No purchased equipment can exceed $10,000 without ADES prior approval.

9.2.7 Submit a twelve-month monitoring plan no later than July 1 annually that includes at a minimum: which direct service subcontractors are to be monitored during the twelve-month period beginning July 1 (of the same year), to include the target monitoring start and completion dates.

9.3 Community Services Reporting Requirements:

9.3.1 Submit all notices/correspondence/documents relevant to this Contract electronically to

9.3.2 Tripartite Board

9.3.2.1 Schedule of planned Board meetings for the next twelve months, due no later than July 1 of each year.

9.3.2.1.1 Copy of complete minutes from Tripartite/Advisory Board meetings within 30 days of Board approval of minutes.

9.3.3 ROMA

9.3.3.1 Submit the community needs assessment, at a minimum every three (3) years.

9.3.3.2 Submit a Strategic Plan, at a minimum every five (5) years.

9.3.4 Community Services

9.3.4.1 CSBG Annual Community Action Program Plan, due no later than July 1 of each year, as may be amended.

9.3.4.2 CSBG Annual Report, due no later than September 30 of each year, as may be amended.

9.3.4.3 CSBG Organizational Standards report, due no later than October 31 of each year, as may be amended.

9.3.4.4 CSBG Community Action Program Plan Period 3 Report, due no later than September 15 of each year, as may be amended.

9.3.4.5 CSBG Community Action Program Plan Period 2 Report, due no later than March 1 of each year, as may be amended.

9.4 Case Management Reporting Requirements:

9.4.1 Submit all notices/correspondence/documents relevant to this Contract electronically to

9.4.2 Submit a Monthly CAPS Household Report (Exhibit D, as may be amended) by the 25th day following the end of each reporting period, submitted on the ADES FTP site.

9.4.3 Submit a Monthly Payment Verification (PV) Report by the 25th day following the end of the reporting period. The report must include a detailed list of voucher payments, submitted with the corresponding invoice in DAARS.

9.4.4 Short-Term Crisis Services (STCS)

9.4.4.1 Submit a Monthly CAPS Household Report (Exhibit D, as may be amended) by the 25th day following the end of each reporting period, submitted on the ADES FTP site.

Exhibit A – Contractor’s Equipment List

Exhibit A – Contractor’s Equipment List

Please see attached document.

Exhibit B - Itemized Service Budget (ISB)

Exhibit B – Itemized Service Budget (ISB)

Please see attached excel document.

Exhibit C - Certification of De Minimis

Exhibit C - Certification of De Minimis

Please see attached document.

Exhibit D - Monthly CAPS Household Report

Exhibit D – Monthly CAPS Household Report

Please see attached excel document.

Special Terms and Conditions

1. Definition of Terms

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

1.1 “Award Date” The date this 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.

1.2 “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 “Contract Amendment” means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

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

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

1.6 “Equipment” All vehicles, furniture, machinery, electronic data processing (EDP) equipment, software and all other equipment costing $10,000.00 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).

1.7 “May” or “may” Indicates something that is not mandatory but permissible.

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

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

1.10 “Should” or “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.

1.11 “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:

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 this Contract documented by a Contract Amendment. The Department may terminate this Contract pursuant to the Termination clauses of this 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 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.

3.2 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.

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 this Contract, except if the Contractor is subject to Health Insurance Portability & Accountability Act of 1996 (Public Law 104-191) in which case such records shall be retained for six (6) years. All records shall be subject to inspection and audit by the State at reasonable times. Upon request by the Department or the Attorney General’s Office, 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 this Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. The Department shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order.

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

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 its entirety as provisions of this Agreement.

6.2 Central Registry Background Checks are processed through the Arizona Centralized Backgrounds

Checks (CBC) portal (https://cbc.az.gov/). Contractor’s employee, subcontractor, prospective employee or volunteer of the contractor or subcontractor who provide direct services to children or vulnerable adults requiring assistance in the registration process or navigating the CBC portal may find information on the Arizona Department of Economic Security website, Arizona Centralized Background Checks web portal (https://des.az.gov/cbc).

6.3 Before being employed or volunteering in a position that provides direct services to children or vulnerable adults, persons shall certify within the CBC portal to obtain a completed certification.

The Contractor shall keep the certification on file for each employee, prospective employee, or volunteer whether an allegation of abuse or neglect was made against them and was substantiated.

The certification shall remain confidential.

6.4 Central Registry Background Check will be used as a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:

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

https://cbc.az.gov/ https://des.az.gov/cbc

6.4.2 All employees of a contractor;

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

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

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

6.6 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.

6.7 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.

6.8 The Contractor shall require each employee to submit a Central Registry Background Check, maintain and retain certifications in a confidential file for five (5) years after termination of this Agreement.

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 cost or pricing data furnished by the Contractor 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

In addition to the Uniform Terms and Conditions, Section 7.11, the following shall apply:

8.1 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.

8.2 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 either creates or result in the appearance of its having:

9.1 Divulging or made an inappropriate use of information gathered or discovered pursuant to the performance of its duties under this 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 Misrepresented or otherwise impeded the efficiency, authority, actions, policies, or adversely affected the confidence of the public or integrity of the State; or

9.6 A loss of impartiality when advising the State.

10. Competitive Bidding

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

11. Compliance with Applicable Laws

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

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

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

11.3 The Contractor shall comply with 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.

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

Insurance Portability and Accountability Act of 1996 (P.L. 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 Department will advise the Contractor as to applicable policies and procedures the Department has adopted for such compliance.

13. Contract Term and Option to Extend

13.1 The term of the resultant Contract shall be effective the date specified on the Offer and Acceptance or Signature Page and shall remain in effect for one (1) year or as otherwise specified by this Contract, 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 this 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. The Contractor shall agree that the price stated in the original Contract shall apply unless otherwise allowed.

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

13.4 The Contractor shall not provide services prior to Contract term commencing or after the termination date of this Contract. There shall be no billable activity outside of this Contract effective dates except as otherwise authorized by the Department in writing.

14. Cooperation with the Department’s Investigation

All Contractors, providers, vendors and volunteers shall cooperate fully and truthfully with any Department investigation, including but not limited to an Investigation by Division or Internal Affairs. Failure to adhere to this condition may result in ADES taking all such actions it deems appropriate, including removal of

Contractor personnel and/or witness from working with the Department clients up to termination of this Contract with the Department.

15. Data Sharing Agreement

15.1 When determined by the Department that sharing of confidential data will occur with the Contractor, the Contractor shall complete the ADES Data Sharing Request Agreement and submit the completed Agreement to the ADES Program Designated Staff prior to any work commencing…