CTR078330_Contract_Documents.pdf

Direct Contract

Contract No.: CTR078330

Description:

Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

Contract between the Department of Economic Security (the "Department") and Compassion Connect (the "Contractor").

WHEREAS the Department is duly authorized to execute and administer contracts under A.R.S. §41-1954;

THEREFORE the Department and Contractor agree to abide by all the terms and conditions set forth in this Contract.

Contract Term: This contract shall be effective on the date of last signature and shall terminate on September 30, 2027, unless extended in accordance with the ADES Special Terms and Conditions.

BY SIGNING THIS FORM ON BEHALF OF THE CONTRACTOR, THE SIGNATORY CERTIFIES HE/SHE HAS THE AUTHORITY TO BIND THE CONTRACTOR TO

THIS CONTRACT.

FOR AND ON BEHALF OF THE

ARIZONA DEPARTMENT OF ECONOMIC SECURITY:

FOR AND ON BEHALF OF THE CONTRACTOR:

COMPASSION CONNECT

Signature of Authorized Individual Signature of Authorized Individual

Typed Name Typed Name

Title Title

Date Date

Contractor Mailing Address

Contractor Mailing Address (cont.)

Contact Name and Title

Phone number and Email address

Stacie Dearinure

Procurement Manager

9/4/2025

Table of Contents

Description:

Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

CONTRACTOR IS STRONGLY ENCOURAGED TO READ THE ENTIRE CONTRACT.

Scope of Work

Exhibit A - Participant Activity Spreadsheet (PAS)

Exhibit B - Contractor Invoice for Reimbursement

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

Attachment 6 -

Attachment 7 - Itemized Service Budget (ISB)

Scope of Work

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

Scope of Work

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

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: The purpose of this contract is to implement employment and training strategies designed to help eligible Supplemental Nutrition Assistance Program (SNAP) recipients to gain skills, employment training, or work experience to increase their ability to obtain regular employment that leads to economic self-sufficiency.

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: Funding is provided through the United States Department of Agriculture (USDA) Food and Nutrition Service (FNS) for the SNAP Employment and Training (E&T) through a 50/50 local/federal matching model. Contractors reimbursement for Participant expenses is reimbursed at 100 percent (100%) up to the approved reimbursement ceiling in the Itemized Service Budget (ISB) and then up to fifty percent (50%) of Participant expenses in excess of the awarded budget category on the ISB expenses if funding is available. Administrative Costs will be reimbursed up to fifty percent (50%) associated with the SNAP E&T.

3. Definitions

3.1 Definitions: Are listed in the SNAP Career Advancement Network (CAN) Program Policy Manual, as amended, which can be found in this link: SNAP CAN Provider Resources.

4. Service Description

4.1 Arizona Taxonomy Definition: Employment Generating Services - A service that provides activities that are intended to result in the creation or expansion of job opportunities.

4.2 Actual Service Description: This service provides for implementation of a community-based employment and training partnership that provides employment readiness opportunities to eligible exit SNAP by achieving economic self-sufficiency through work. Services such as vocational training, job search assistance, job readiness, education and supportive services are designed to enable

4.2.1 The program emphasizes employment through education and work-related activities by encouraging participants to pursue career pathways to achieve a livable wage. This is done through labor market relevant training, collaboration, and integration with workforce partners.

4.3 Service Eligibility Requirements/Target Population: ADES Division of Benefits and Medical Eligibility's (DBME) Family Assistance Administration (FAA) refers SNAP recipients to the SNAP

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

CAN Program following the guidelines in the SNAP CAN Program Policy Manual. The State of Arizona follows a reverse referral system as described in the Policy Manual and State Plans.

4.3.1 Eligible individuals served under this contract are SNAP recipients, or those deemed eligible for SNAP benefits who are:

4.3.1.1 Not receiving Temporary Assistance for Needy Families (TANF) or Tribal TANF;

and

4.3.1.2 Age 16 and over.

4.4 Background: The Division of Employment and Rehabilitation Services (DERS), Workforce Development Administration (WDA) within ADES administers SNAP E&T services through SNAP CAN Contractors that partner with ADES to provide employment and training services to SNAP recipients. These activities may include but are not limited to education, vocational training, and job retention assistance.

4.4.1 The SNAP CAN Program, in addition to employment and training activities, offers reimbursement to participants for costs associated with participating in the program.

Providers must reimburse transportation and non-transportation costs that are reasonably necessary and directly related to participation in the E&T activities up to the maximum level of reimbursement established by the State agency, as funding is available.

5. Contractor Requirements

The Contractor Shall:

5.1 General Requirements:

5.1.1 Assist participants with needed training, activities, and/or education to achieve quality employment and self-sufficiency.

5.1.2 Comply with all policies, procedures, and requirements as described in the most recent SNAP CAN Program Policy Manual and its subsequent revisions. Revisions to policy, procedure, and the SNAP CAN Program Policy Manual will be communicated through email.

5.1.3 providing sufficient detail about expenses and cost allocations for the purpose of determining

-2591.

5.1.4 Utilize computer backup/recovery systems and procedures to ensure no loss of data required for ADES/SNAP CAN reports, and to ensure that there is no disruption or degradation of services provided.

5.1.5 Maintain documentation verifying that staff have appropriate training or hold appropriate certification/licensure in accordance with their involvement with SNAP E&T services.

5.1.6 Provide all personnel the supervision, equipment, materials, and supplies necessary to meet the requirements of this service.

5.1.7 Maintain and utilize appropriate security safeguards to maintain confidentiality of documents related to participants and their personal information.

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

5.1.8 Complete and adhere to the data sharing agreement in accordance with the Special Terms and Conditions, section 15, Data Sharing Agreement.

5.1.9 Verify participant eligibility for SNAP CAN, as described in the SNAP CAN Policy Manual.

5.1.10 Comply with all State and Federal requirements regarding the component activities as stated in the SNAP CAN Program Policy Manual.

5.1.11 Engage the participant in one (1) or more components that are eligible for reimbursement as described in the SNAP CAN Program Policy Manual.

5.1.12 Comply with support service guidelines as stated in the SNAP CAN Program Policy Manual in payment or reimbursement of all reasonable and allowable support expenses, directly related to participation, in an approved SNAP CAN Program service or component dependent on funding. These expenses must relate to the Career Development (ECDP) and are based on participant needs and program resources.

5.2 Intake/Assessment:

5.2.1 Provide the participant with an explanation of SNAP CAN Program and the activities and support services offered.

5.2.2 Reserved.

5.2.3 other job-related assets and barriers, to determine if the provider's services are a good match for the individual's needs and if there is an available spot.

5.2.4 Work with each participant to develop an Employment and Career Development Plan (ECDP) to achieve and maintain career-oriented permanent unsubsidized employment. The Contractor may use the ADES Employment and Career Development Plan (SNA-1005) form, or a form established by the Provider that meets the requirements specified in the SNAP CAN Program Policy Manual.

5.2.5

5.3 Case Management:

5.3.1 Provide ongoing, monthly case management services to each enrolled SNAP CAN participant. The Case Management services must be targeted to the individual participant and designed to support the participants as they progress through the program.

5.3.1.1 Provide ongoing communication and mentoring to develop a relationship between the case manager and the participant.

5.3.2 Monitor, verify, and maintain documentation of actual hours of participation in assigned activities.

5.3.3 Connect the participant to services available outside of E&T as needed.

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

5.3.4 Verify employment data and track those who retained jobs at thirty (30), sixty (60) and ninety

(90) day intervals.

5.4 Case Records:

5.4.1 Maintain participant case records including paper and/or electronic files containing information pertinent to case management activities and services.

5.4.2 Include documentation of assessment services and materials provided for participants in support of the ECDP, the ECDP and any revisions to the ECDP, verification of activities and participation hours.

5.4.3 Maintain accurate, objective, and descriptive case records (paper or electronic) of case management activities and participant related expenditures that allow for effective monitoring and co-enrollment with other SNAP CAN Contractors.

5.4.4 Provide to ADES case records within (5) five business days of request from ADES.

6. Reporting Requirements/Notices:

6.1 The Contractor shall submit the following items and all notices/correspondence relevant to this contract as directed by ADES, electronically or by mail to:

Arizona Department of Economic Security Contracts Management Unit 1789 W. Jefferson Street Mail Drop 51F3 Phoenix, AZ 85007

Email: easnaethelp@azdes.gov

6.2 Current Certificate of Insurance within ten (10) calendar days of award and as required in the Special Terms and Conditions and maintain a valid Certificate of Insurance on file with the ADES. The Certificate of Insurance is to be submitted to: derscontractsadmin@azdes.gov.

6.3 Program Reporting Requirements:

6.3.1 Submit a monthly Exhibit A, Participant Activity Spreadsheet (PAS), as may be amended, to ADES no later than ten (10) calendar days after the end of each calendar month to easnaetreports@azdes.gov, as described in the SNAP CAN Program Policy Manual.

6.3.1.1 Collect and report participant data and other necessary information for the ADES to comply with FNS reporting requirements.

6.3.2 Submit an annual report as notified by ADES containing the use of the reimbursement funds during the previous year and planned use of reimbursement funds during the coming year.

7. Payment

7.1 The contract type will be Fixed Price with Price Adjustment.

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

7.2 The Contractor is reimbursed fifty percent (50%) of the total cost of allowable SNAP CAN activities as stated in the ISB (Attachment 7).

7.2.1 ADES may reimburse the Contractor if performing activities related to the development, Duplicative services are not eligible for reimbursement.

7.3 The Contractor will be reimbursed for the actual costs of all allowable participant support services provided to SNAP CAN participants. The total reimbursement amount for allowable participant support services shall not exceed the amount awarded by budget category on the ISB.

7.3.1 Reimbursement costs for allowable participant support services in excess of the awarded budget category on the ISB may be reimbursed at a rate of fifty percent (50%), upon approval by ADES.

7.4 Costs shall be direct, pass-through costs and neither the Contractor nor its sub-contractors nor any other vendor or provider shall charge the ADES any additional charges. Documentation of expenditures shall be provided by the Contractor upon ADES request.

7.5 The Contractor shall use the reimbursement funds to cover its direct and indirect costs related to this contract and to expand services to individuals and families as funding is available.

7.6 The Contractor must submit the Contractor Invoice for Reimbursement (Exhibit B) within ten (10) calendar days following the confirmation of eligible participants and must include supporting documentation for all expenditures, as requested by the ADES.

7.7 The Contractor must submit the final invoice for the current Federal Fiscal Year on the Contractor Invoice for Reimbursement (Exhibit B) no later than the thirtieth (30th) calendar day following the end of the Federal Fiscal Year period. The Final Invoice shall include all adjustments to prior invoices submitted for the Federal Fiscal Year.

Exhibit A- Participation Activity Spreadsheet

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

Exhibit A - Participant Activity Spreadsheet (PAS)

Included as a separate Excel spreadsheet

Exhibit B- Contractor Invoice for Reimbursement

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

Exhibit B - Contractor Invoice for Reimbursement

Included as a separate Excel spreadsheet

Special Terms and Conditions

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

Special Terms and Conditions

2. Definition of Terms

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

2.1 Award Date The date this Contract is executed by the Department. This may or may not be the

Signature Page.

2.2 Client Specific Referral

authorized representative of the Department.

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

2.4 Department The Arizona Department of Economic Security (ADES), unless otherwise indicated.

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

2.6 Equipment All vehicles, furniture, machinery, electronic data processing (EDP) equipment, software and all other equipment costing $5,000.00 or more, including all normal and necessary expenses incurred to make the equipment ready for its intended use (e.g., taxes, freight, installation, assembly and testing charges, etc.), and with a useful life of greater than one (1) year. Equipment improvements).

2.7 May may

2.8 Purchase Order

document to procure goods or services.

2.9 must mandatory requirements may result in the rejection of a proposal as non-responsive.

2.10 Should should

fails to provide recommended information, the State may, at its sole option, ask the Contractor to provide the information.

2.11 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.

3. Advertising, Publishing and Promotion of Contract

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

3.1 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

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN) fifteen (15) calendar days prior to public release. All reports and publications whether written, visual or verbal shall contain the following statement:

3.1.1 Security. Points of view are those of the author and do not necessarily represent the official

4. Assignment

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

4.1 Merger, Reorganization or Change of Ownership

4.1.1 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.

4.1.2 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.

4.2 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.

5. Audit

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

5.1 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.

5.2 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.

5.3 In accordance with A.R.S. § 35-214, the Contractor shall retain and shall contractually require each 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 , the Contractor shall produce the original of any or all such records.

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

6. Authorization for Services

6.1 Authorization for performance of services under this Contract shall be made only upon the issuance 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.

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

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

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

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

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

7.2 Central Registry Background Checks are processed through the Arizona Centralized Backgrounds Checks (CBC) portal (https://cbc.az.gov/ 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).

7.3 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.

7.4 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:

7.4.1

7.4.2 All employees of a contractor;

7.4.3

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

7.5 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.

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

7.6 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 Contract.

8. Certification of Cost or Pricing Data

By submittal of the offer, the Contractor is certifying that, to the best 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.

9. Certification Regarding Lobbying

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

9.1 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.

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

10. Code of Conduct

The Contractor shall avoid any action that either creates or result in the appearance of its having:

10.1 Divulging or made an inappropriate use of information gathered or discovered pursuant to the performance of its duties under this Contract;

10.2 Acted on behalf of the State without appropriate authorization;

10.3 Provided favorable or unfavorable treatment to anyone;

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

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

10.5 Misrepresented or otherwise impeded the efficiency, authority, actions, policies, or adversely affected the confidence of the public or integrity of the State; or

10.6 A loss of impartiality when advising the State.

11. 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

12. Compliance with Applicable Laws

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

12.1 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.

12.2 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.

12.3 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.

12.4 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.

13. Confidentiality

13.1 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.

13.2 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.

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

14. Contract Term and Option to Extend

14.1 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.

14.2 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.

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

14.4 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.

15.

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.

16. Data Sharing Agreement

16.1 When determined by the Department that sharing of confidential data will occur with the Contractor, the Contractor shall complete the ADES Data Sharing Request Agreement and submit the completed Agreement to the ADES Program Designated Staff prior to any work commencing or data shared. A separate Data Sharing Request Agreement shall be required between the Contractor and each DES Program sharing confidential data.

16.2 The Data Sharing Request Agreement is located at: http://des.az.gov/documents-center. In the

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

17. Equipment

17.1 If the Contractor is authorized to purchase Equipment, it shall be itemized in this Contract for utilization in the delivery of contract services. If Equipment is purchased as authorized by this Contract, the Contractor shall maintain complete and up-to-date inventory records for all Equipment purchased hereunder. Equipment specifically designated within this Contract, to be purchased in whole or in part with the Department funds, shall be reported in accordance with Department inventory policies and procedures. The Contractor shall report Equipment purchased

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN) under this Contract funds to the Department within thirty (30) days of purchase, perform an annual inventory of all Equipment purchased with Department funds and submit the Equipment inventory form to the Department person designated to receive notices.

17.2 The Department shall retain an equitable interest equal to the purchase price paid, or a fair estimate or appraisal of current market value, whichever is greater, in all Equipment purchased under this Contract. The Department shall be included as a co-insured on any insurance policy which covers Equipment purchased under this Contract.

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

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

17.5 Under a fixed price contract, Section 16.1 through 16.4 do not apply unless specifically required by federal or state law.

18. Evaluation

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

18.2 As requested by the Department, the Contractor shall participate in third-party evaluations relative to Contract impact in support of Department goals.

19. E-Verify

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

19.1 The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214(A) as may be amended.

19.2 A breach of a warranty regarding compliance with Federal and State immigration laws and regulations shall be deemed a material breach of this Contract and the Contractor may be subject to sanctions up to and including termination of this Contract.

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

19.4 The Department retains the legal right to inspect the papers of any employee who performs work under this Contract to ensure that the Contractor or subcontractor is complying with the warranty above.

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

20. Fair Hearings and Service Recipients' Grievances

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

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

21. Federal Immigration and Nationality Act

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

21.1 By entering into this Contract, the Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA) and all other Federal immigration laws and regulations related to the immigration status of its employees. The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request.

These warranties shall remain in effect through the term of this Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor's Immigration and Control Act, for all employees performing work under this Contract. I-9 forms are available for download at USCIS.GOV.

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

22. Fees and Program Income

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

23. Fingerprinting

23.1 contractors, subcontractors, volunteers and other agents comply with, all applicable (current and future) legal requirements relating to fingerprinting, fingerprint clearance cards, verification of fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks that relate to contract performance.

23.2 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.

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

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

23.3.1 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 or shall apply for a fingerprint clearance card within seven (7) working days of employment.

23.3.2 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.

23.4 Federally recognized Indian tribes may submit and the Department of Economic Security shall accept certifications that state that no personnel who are employed or who will be employed during this Contract term have been convicted of, have admitted committing or are awaiting trial on any offense as described in A.R.S. § 46-321 (as may be amended).

24. Inclusive Contractor

Contractor is encouraged to make every effort to utilize subcontractors that are small, women-owned and/or minority owned business enterprises. This may include subcontractors for a percentage of the administrative or direct service(s) being proposed. A Contractor who is committing a portion of its work to such subcontractors shall do so by identifying the type of service and work to be performed by providing details

-owned and/or minority business enterprises.

Emphasis should be placed on specific areas that are subcontracted, and the proposed percentage of this Contract.

25. Indemnification and Insurance

25.1 Indemnification Clause

25.1.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as jury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors.

This indemnity includes any claim or amount arising out of, or recovered under, the any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN) agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

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

25.2 Insurance Requirements

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

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

25.3 Minimum Scope and Limits of Insurance

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

25.3.1 Commercial General Liability (CGL) Occurrence Form

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

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

25.3.1.1 The policy shall include coverage for Sexual Abuse and Molestation (SAM).

This coverage may be sub-limited to no less than $500,000. The limits may be included within the General Liability limit or provided by separate endorsement with its own limits. If you are unable to obtain SAM coverage under your General Liability because the insurance market will not support it, it should it be included with the Professional Liability.

25.3.1.2 Contractor must provide the following statement on their Certificate(s) of

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

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN)

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

25.3.2 Business Automobile Liability

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

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

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

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

25.3.3

Workers' Compensation Statutory Employers' Liability

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

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

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

25.4 Additional Insurance Requirements

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

25.4.1 The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN) officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

25.4.2 under the indemnification provisions of this Contract.

25.5 Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed or emailed to Arizona Department of Economic Security C/O: myCOI, 1075 Broad Ripple Ave, Suite 313, Indianapolis, IN 46220 or support@myCOItracking.com.

25.6 Acceptability of Insurers

approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall - VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

25.7 Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates.

25.7.1 All such certificates of insurance and policy endorsements must be received by the State endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

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

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

25.8 Subcontractors

shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified

Description: Supplemental Nutrition Assistance Program Career Advancement Network (SNAP CAN) above. The Department reserves the right to require, at any time throughout the life of this contract, proof from the Contractor that its subcontractors have the required coverage.

25.9 Approval and Modifications

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

25.10 Exceptions

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

26. IT 508 Compliance

Unless specifically authorized in this Contract, any electronic or information technology offered to the State of Arizona under this Contract shall comply with A.R.S. § 18-131 and § 18-132 as may be amended and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities.

27. Levels of Service

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

27.2 The Department makes no guarantee to purchase specific quantities of goods or services, or to refer eligible persons as may be identified or specified herein.