CTR079352_Collaborative_Safety_Services_Executed_Contract.pdf

Direct Contract Contract Number: CTR079352

Collaborative Safety

State of Arizona Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Avenue, 20th Floor

Phoenix, AZ 85012

Solicitation Attachment – Offer and Acceptance | Revision No. 7 | Revised 07-25

Attachment 1 – Offer and Acceptance Form

SUBMISSION OF OFFER: The undersigned hereby offers and agrees to provide Collaborative Safety in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written exceptions in the Offer indicated by the latest dated version below

CERTIFICATION: By signature in the above, Offeror certifies that it:

1. Will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive Orders 2023-09, 2023-01, 2009-09 or A.R.S. §§ 41-1461 through 41-1465;

2. Has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or Service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law;

3. Complies with A.R.S. § 18-132 when offering electronics or information technology products, Services, or maintenance;

4. Has submitted this Offer as a firm offer for 180 days following the Solicitation due date and time per the Instructions to Offers. Any extensions to the Offer

Acceptance Period shall be made in accordance with the A.A.C. R2-7-C310;

5. Did not and will not involve collusion or other anti-competitive practices; and

6. Is not debarred from, or otherwise prohibited from, participating in any contract awarded by federal, state, or local government.

7. Does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. § 35-393 et seq. (Unless exempt)

8. Does not participate in the use of forced labor of ethnic Uyghurs as described in A.R.S. § 35-394. (Unless exempt)

ACCEPTANCE OF OFFER

The offer is hereby accepted.

The Contractor is now bound to sell the Materials or Services listed by the attached Contract and based upon the Solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

The Contract shall henceforth be referred to as Contract No. CTR079352

The effective date of the Contract is 1/1/2026

The Contractor is cautioned not to commence any billable work or to provide any Material or Service under this Contract until Contractor receives a purchase order.

State of Arizona Awarded this 12th day of November 20 25

Collaborative Safety, LLC

11 07 25

Offeror company name Signature of person authorized to sign Offer Date

8161 Hwy 100 #206 Scott Modell, Ph.D.

Address Printed name and Title

Nashville, TN. 37221 Scott Modell, Founder

City, State, ZIP Contact name and Title

X By checking this box, Offeror is certifying that it is exempt from the requirements regarding the forced labor of ethnic Uyghurs and boycott of Israel because of one of the following: Contractor is a Sole proprietorship, has fewer than ten (10) employees; or is a non-profit organization.

sm@collaborative-safety.com

916-548-5041

Contact email address Contact phone number

Revised Offers:

Date Signature Date Signature

Best and Final Offer:

Date Signature mailto:sm@collaborative-safety.com mailto:sm@collaborative-safety.com

Direct Contract Contract Number: CTR079352

Collaborative Safety

State of Arizona Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Avenue, 20th Floor

Phoenix, AZ 85012

Solicitation Attachment – Offer and Acceptance | Revision No. 7 | Revised 07-25

Victoria Wride; Sr. Procurement Specialist

[Procurement Officer Name] [Procurement Officer Title]

Procurement officer signature

Direct Service Contract

A v a i l a b l e o n l i n e a t : A P P . A Z . g o v

DEPARTMENT OF CHILD SAFETY DIRECT

SERVICE CONTRACT; CTR079352

State of Arizona Department of Child Safety

Office of Procurement & Contracts

3003 N. Central Ave., 20th Fl.

Collaborative Safety Services Phoenix, AZ 85012

1.0 INTRODUCTION

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

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

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

2.0 PURPOSE AND BACKGROUND

2.1 The purpose of this contract is to secure a Contractor to partner with the Arizona Department of Child Safety in implementing the Collaborative Safety model to support a culture of safety through integration of safety science and development or transformation of review systems including systemic critical incident reviews (SCIR).

3.0 SPECIFIC REQUIREMENTS

3.1 Be a recognized developer or subject matter expert of the Collaborative Safety model, and have experience installing and implementing the model at a State level.

3.2 Demonstrate it is the sole proprietor of the Collaborative Safety model by providing evidence the Contractor holds the copyright or trademark.

3.3 Be familiar with technical writing, coaching and employee development.

3.4 Ensure that all services, procedures, and forms provided are culturally relevant, linguistically appropriate and gender responsive (including Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ)).

3.5 Ensure cross-cultural communication support with the involvement of culturally competent staff in all levels of service delivery.

4.0 CONTRACTOR REQUIREMENTS

State of Arizona Department of Child Safety

Office of Procurement &

The Contractor shall complete the following within one (1) year of contract award:

4.1 The Contractor shall have adequate, qualified staff assigned to Arizona to handle the tasks listed in the scope of work.

4.2 The Contractor shall work with the Department on the following:

4.2.1 Technical Assistance

a) Up to three (3) hours per month of individualized technical assistance

b) Access to Safety Management System, including the Systems Mapping

Tool, and Safety Reporting System for the purpose of:

i. Reviewing critical incidents, capturing systemic influences, utilization of tools during review meetings, creating, saving and editing systems maps and generating PDF copies, development and creation of online forms and the management of critical incident data.

c) Access to Technical Assistance Skills Sessions

d) Access to virtual SCIR Institute

i. The use of the Institute will allow ADCS to train or retrain Safety Analysts with no additional costs

e) Onsite Visits (two (2) days for twelve (12) months) or Virtual Day (two

(2) total days for twelve (12) months) of ongoing technical assistance, training and live virtual mapping support

f) Unlimited email access

g) Dedicated Slack Channel

h) Fidelity Case Reviews for the purpose of:

i. Monitoring and maintaining the quality of work associated with the review process as well as calibrate skills learned in the Systemic Critical Incident Institute. Fidelity Case Reviews consist of identifying a sample of completed reviews to evaluate the Technical Data Review, Learning Points development, Human Factors Debriefing Data, Systemic Mapping, Narrative Creation and Scoring with the Systems Analysis Tool

4.2.2 Leadership Labs

a) Six (6) months of monthly engagement labs for ADCS leaders, managers and supervisors that incorporate specific tools and strategies to support the agency integrate safety science into everyday leadership, management and supervision

b) Monthly activities which can include webinars, videos, podcasts, articles, and ninety (90) minute virtual live Leadership labs

State of Arizona Department of Child Safety

Office of Procurement &

5.0 REPORTING REQUIREMENTS:

5.1 ADCS reserves the right to request the Contractor to submit additional or revised reports related to the service provisions.

6.0 PERFORMANCE REQUIREMENTS

6.1 ADCS will be monitoring the outcomes of this contract based on the specific performance measures listed below.

6.2 Contractor shall be expected to meet the ADCS target dates as listed that are based on the milestone performance measures listed within the scope of work.

6.3 Failure to meet any of the performance metrics below or failing to meet any of the ADCS expectations as outlined in the scope of work, may result in a vendor performance report that may lead to a demand for assurance, which could lead to contract termination for default.

# Performance Measure Target Due By Performance

Reporting Method Report

Frequency Measure Reference

Complete Individualized Technical

Assistance 100%

Within 1 year of contract amendment Service At least 3 hours per month

Upon receipt

SOW

4.2.1(a)

Provide ADCS access to Safety Management System (Systems

Mapping Too and Safety Reporting System) 100%

Within 1 year of contract amendment Service N/A Upon receipt

SOW

4.2.1(b)

Provide ADCS access to Technical

Assistance Skills Sessions 100%

Within 1 year of contract amendment Service N/A Upon receipt

SOW

4.2.1(c)

Provide ADCS access to virtual

SCIR Institute 100%

Within 1 year of contract amendment Service N/A Upon receipt

SOW

4.2.1(d)

Complete Onsite or Virtual Days of technical assistance 100%

Within 1 year of contract amendment Service

Two days/month for 12 months Upon receipt

SOW

4.2.1(e)

Provide unlimited email access 100%

Within 1 year of contract amendment Service N/A Upon receipt

4.2.1(f)

State of Arizona Department of Child Safety

Office of Procurement &

Provide dedicated Slack

Channel 100%

Within 1 year of contract amendment Service N/A Upon receipt

SOW

4.2.1(g)

Complete Fidelity Case

Reviews 100%

Within 1 year of contract amendment Service N/A Upon receipt

SOW

4.2.1(h)

Complete 6 monthly engagement labs 100%

Within 1 year of contract amendment Service Monthly/6 months Upon receipt

SOW

4.2.2(a)

10 Complete monthly activities 100%

Within 1 year of contract amendment Service Monthly Upon receipt

4.2.2(b)

7.0 PAYMENT UNITS

7.1 This contract will be paid based upon milestone performance metrics and includes travel, materials and expenses.

Service Unit of Measure

Flat Rate (not to exceed)

Leadership Labs (onsite and virtual) Upon receipt $24,000.00 Technical Assistance Phase 3

(SCIR)- 12 months Upon receipt $4,000.00/month

7.2 This Contract is subject to the availability of funding from ADCS and Casey Families. The State shall have no obligation to the Contractor for payment under this Contract beyond the funds appropriated or received for this purpose. If the anticipated funding from the external source is reduced, delayed, or not received for any reason, the State may, at its sole discretion, reduce the scope of work, amend the Contract accordingly, or terminate the Contract in whole or in part without further obligation or penalty.

8.0 INVOICES

8.1 Monthly Invoices

State of Arizona Department of Child Safety

Office of Procurement &

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

8.1.2 The Contractor shall use the ADCS Invoice as may be amended, and complete the invoice thoroughly and accurately according to the invoice instructions.

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

8.1.3 Invoices must be submitted to the ADCS Payment Processing Unit via electronically to: AccountsPayable@azdcs.gov

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

8.1.5 Payment shall only be made by the Department upon receipt of a timely and accurately submitted invoice with required documentation as indicated above. Non-compliance shall delay the payment process

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

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

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

a. are sent to an incorrect address;

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

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

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

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

8.2.1 ADCS may pay accurate claims submitted with all required supporting documentation for any undisputed amounts due to the Contractor in compliance with Arizona Revised Statues Titles 35 and 41.

State of Arizona Department of Child Safety

Office of Procurement &

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

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

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

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

9.0 DEFINITIONS

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

9.2 Days: are calendar days unless otherwise stated.

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

10.0 TERM

The term of this Agreement shall begin on date of last signature and continue for one (1) year unless canceled, terminated, or permissibly extended.

11.0 EXTENSION

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

State of Arizona Department of Child Safety

Office of Procurement &

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

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

12.0 AMENDMENTS OR MODIFICATIONS

1. This agreement may be amended or modified at any time by mutual agreement. No agent, employee or other representative of either party is empowered to alter any of the terms of the agreement, unless done in writing and signed by the authorized representative of the respective parties.

2. Either party shall give written notice to the other party of any non-material alteration that affects the provisions of this Agreement. Non-material alterations that do not require a written amendment are as follows: a. Change of telephone number.

b. Change in authorized signatory.

c. Change in the name and/or address of the person to whom notices are to be sent.

13.0 TERMINATION

This agreement may be terminated by mutual agreement of the parties at any time during the term of this agreement. Each party shall have the right to terminate this agreement by handdelivering to the other party written notice of termination at least thirty (30) days prior to the effective date of said termination

14.0 CANCELLATION FOR CONFLICT OF INTEREST

Pursuant to A.R.S. §38-511, the State, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract without penalty or further obligation, made by the State, its political subdivisions or any department or agency of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State, its political subdivisions or any department or agency of either is, at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a consultant to any other party to the Contract with respect to the matter of the Contract. A cancellation made pursuant to this provision shall be effective when the Contractor received written notice of the cancellation, unless the notice specifies a later time.

15.0 RIGHT OF OFFSET

The Department shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the Department, or damages assessed by the Department concerning the Contractor’s non-conforming performance or failure to perform the Agreement, including expenses, costs and damages.

State of Arizona Department of Child Safety

Office of Procurement &

16.0 INDEMNIFICATION AND INSURANCE

Professional Liability insurance is issued for a “professional” and covers the rendering of, or failure to render, services of a professional nature. Professional Liability insurance is usually written on a claims-made basis. Therefore, the Contractor needs to maintain coverage during the contract period and for a specified period (typically two years) after the project has been completed.

The types of losses that can occur as a result of professional rendering services are often excluded under general liability insurance policies. Therefore, these losses need to be covered through a separate professional liability insurance policy.

Professional liability insurance is needed when one of the following applies:

• If the professional is licensed, registered, or certified and expected to follow the usual and customary standards of their profession. Professions in this category include, but are not limited to, accountants, attorneys, engineers/architects, construction management, technical consultant, surveyor (AF), and appraisers.

• If the information provided by the professional is to be used by the State of Arizona in a decision-making process that may have an impact to life, health, safety, and/or a significant financial impact to the State, its agencies, and the public.

If you have questions regarding the applicability of Professional Liability insurance, please contact your assigned State Risk Insurance Analyst.

1. Indemnification Clause

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 “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury 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 Workers’ Compensation Law or arising out of the failure of such Contractor to conform to 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

State of Arizona Department of Child Safety

Office of Procurement & 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, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

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.

2. Insurance Requirements

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.

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.

3. Minimum Scope and Limits of Insurance

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

1. Commercial General Liability (CGL) – Occurrence Form

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

• General Aggregate $1,000,000

• Products – Completed Operations Aggregate $500,000

• Personal and Advertising Injury $500,000

• Damage to Rented Premises $25,000

• Each Occurrence $500,000

State of Arizona Department of Child Safety

Office of Procurement &

a. 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.

b. 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.

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) $500,000

a. 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.

b. 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.

3. Workers’ Compensation and Employers’ Liability

• Workers' Compensation Statutory

• Employers' Liability o Each Accident $500,000 o Disease – Each Employee $500,000 o Disease

– Policy Limit $500,000

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, State of Arizona Department of Child Safety

Office of Procurement & officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

b. 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).

4. Professional Liability (Errors and Omissions Liability)

• Each Claim $1,000,000

• Annual Aggregate $1,000,000

a. In the event that the Professional Liability insurance required by this

Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two (2) years beginning at the time work under this Contract is completed.

b. The policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Work of this contract.

4. Additional Insurance Requirements The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

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, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

2. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

5. Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially 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

State of Arizona Department of Child Safety

Office of Procurement & 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, emailed, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

6. Acceptability of Insurers Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- 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.

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.

1. All such certificates of insurance and policy endorsements must be received by the

State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

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.

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.

8. Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor 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 above. The Department reserves the

State of Arizona Department of Child Safety

Office of Procurement & right to require, at any time throughout the life of this contract, proof from the Contractor that its subcontractors have the required coverage.

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.

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 selfinsurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

17.0 THIRD PARTY ANTITRUST VIOLATIONS

The Contractor assigns to the State any claims for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to the Contractor toward fulfillment of this Contract.

18.0 Federal Immigration and Nationality Act:

18.1 By entering into the 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 the Contract.

The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-0) as required by the U.S. Department of Labor’s Immigration and Control Act, for all employees performing work under the Contract. I-9 forms are available for download at

USCIS.GOV.

18.2 The State may request verification of compliance for any Contractor or subcontractor performing work under the Contract. Should the State suspect or find that the Contractor or any of its subcontractors are not in compliance, the State may pursue any and all remedies allowed by law, including, but not limited to suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

State of Arizona Department of Child Safety

Office of Procurement &

19.0 NON-AVAILABILITY OF FUNDS

Every payment obligation of the State under the Contract is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this Contract, this Contract may be terminated by the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments of for any damages as a result of termination under this paragraph.

20.0 NON-DISCRIMINATION

The Contractor shall comply with Executive Order 75-5, as modified by Executive Order 2009-09, which mandates that all persons, regardless of race, color, religion, sex, age, national origin, or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules and regulations, including the Americans with Disabilities Act. The Contractor shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, religion, sex, national origin or disability.

21.0 RECORDS & AUDIT

Pursuant to A.R.S. § 35-214 and § 35-215, 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 the completion of the Contract. All records shall be subject to inspection and audit by ADCS at reasonable times. Upon request, Contractor shall produce the original of any or all such Records at no cost.

22.0 ADVERTISING, PUBLISHING AND PROMOTION OF CONTRACT

The Contractor shall not use, advertise or promote information for commercial benefit concerning this Contract without the prior written approval of the Procurement Officer.

23.0 RIGHT TO ASSURANCE

If the State in good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continue performing under this Contract, the Procurement Officer may demand in writing that the Contractor give a written assurance of intent to perform. Failure by the Contractor to provide written assurance within the number of Days specified in the demand

State of Arizona Department of Child Safety

Office of Procurement & may, at the State’s option, be the basis for terminating the Contract under the Uniform Terms and Conditions or other rights and remedies available by law or provided by the contract.

In accordance with A.R.S. § 35-393 and § 35-393.01 the Contractor certifies the organization does not participate in, and agrees not to participate in during the term of the Contract, a boycott of Israel.