Not_signed_2026-11-BKY__Amended__AAA_Approved_8.5.2025_.pdf
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Area Agency on Aging, Region One Contract FY 2026
Contract #2026-11-BKY
CONTRACT FOR SERVICES BETWEEN
Area Agency on Aging, Region One, Incorporated
AND
City of Buckeye
1366 E. Thomas Road, Suite 108
530 E Monroe Ave
Phoenix, Arizona 85014
Buckeye, Arizona 85326
602-264-2255 fax: 602-230-9132
(623) 349-6000
EIN 86-6000236
DURATION OF THE CONTRACT, FY 2026:
July 1, 2025 and shall end June 30, 2026
CONTACT INFORMATION FOR NOTICES
Signatories: Mary Lynn Kasunic,
President & CEO
David Roderique, Interim City Manager
Programmatic Authority: Ismael Cantu,
Director of Contract Administration
Philip Yabes, Senior Center Manager
Daily Contacts: Ismael Cantu, Contract
Specialist
Rob Roach, Grant Program Manager
REIMBURSEMENT PAYMENTS SHALL BE MAILED TO:
Rob Roach, Grant Program Manager, address same as above
This Contract is entered into by and between City of Buckeye , hereafter referred to as Contractor, and Area
Agency on Aging, Region One, Incorporated, hereafter referred to as Area Agency. The Contractor, in
consideration of the covenants and conditions set forth herein, shall provide and perform the services as set
forth in the Terms and Conditions, specific Terms and Conditions, Scope(s) of Work, Service Specification(s),
and other Area Agency manuals, policies, and directives. Contractor hereby affirms that all insurance and
indemnification requirements as set forth in this contract have been met and shall be maintained fully
throughout the terms of this contract. Further, Contractor will supply to Area Agency the required certificates
of insurance including all required “additional insured” as identified in this contract. All rights and obligations
of the parties shall be governed by the terms of this document, and shall include any subcontracts and the
approved budget and / or unit rates and contract budget ceilings.
Notice under this Contract shall be given by personal delivery or by mail to the persons indicated above
and shall be effective upon receipt by the party to whom addressed unless otherwise indicated in said
notice.
IN WITNESS WHEREOF, the parties enter into this Contract:
AREA AGENCY ON AGING,
REGION ONE, INCORPORATED
City of Buckeye
Signature and Date
Signature and Date
Mary Lynn Kasunic, President & CEO
David B. Roderique, Interim City Manager
ATTEST:
Lucinda J. Aja, City Clerk
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Area Agency on Aging, Region One Contract FY 2026
APPROVED AS TO FORM:
K. Scott McCoy, City Attorney
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Area Agency on Aging, Region One Contract FY 2026
CONTRACT SUMMARY
FIXED PRICE WITH PRICE ADJUSTMENT
CONTRACT #:
2026-11-BKY
CONTRACTOR:
City of Buckeye
Document
Original Contract
Contract Term
July 1, 2025 to June 30, 2026
Contract Payment Ceiling for All Services:
TOTAL:
$
360,000
CONTRACT OPERATING BUDGET
REVENUE
Congregate
Meals
Home Delivered
Meals
Multipurpose
Operations
Transportation
Area Agency
125,000
200,000
12,000
23,000
Project Income
12,000
15,000
12,000
2,500
Non-Fed Inkind
17,510
16,090
48,720
1,680
Non-Fed Cash
247,008
291,755
170,823
59,633
Other Federal
105,608
TOTAL
401,518
522,845
243,543
192,421
EXPENSES
Personnel
149,428
228,975
83,873
129,251
ERE
84,000
110,000
40,000
50,000
Prof&Outside
-
-
21,200
-
Travel
-
8,600
4,200
6,200
Space
47,010
46,340
67,620
2,530
Equipment
13,000
13,000
-
-
Materials/Supl
104,000
110,000
20,000
2,000
Operating Svc
4,080
5,930
6,650
2,440
Indirect
TOTAL
401,518
522,845
243,543
192,421
Units
25,000
30,000
6,000
5,000
Unit Rate
$
16.06
$
17.43
$
40.59
$
38.48
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Area Agency on Aging, Region One Contract FY 2026
ADES Special Terms and Conditions
1.0
DEFINITION OF TERM
In addition to the Uniform Terms and Conditions, Section 1, the following shall apply:
1.1
“Award Date” The date the Contract is executed by Area Agency. This may or may not be the same
date as the “Effective Date” which is the date specified on the Offer and Award or Signature Page.
1.2
“Client Specific Referral” Services or activities for which a referral has been made for a client by an
authorized representative of Area Agency.
1.3
“Department” The Arizona Department of Economic Security (ADES), unless otherwise indicated.
1.4
“Effective Date” The date the Contractor is to start delivering services. The Effective Date is specified on
the Offer and Award or Signature Page.
1.5
“Equipment” All vehicles, furniture, machinery, electronic data processing (EDP) equipment, software and
all other equipment costing $5,000 or more, including all normal and necessary expenses incurred to
make the equipment ready for its intended use (e.g., taxes, freight, installation, assembly and testing
charges, etc.), and with a useful life of greater than one (1) year. Equipment as used herein does not
include real property (e.g., land, building, structures, or facilities’ improvements).
1.6
“May” Indicates something that is not mandatory but permissible.
1.7
“Purchase Order” also known as “Purchase Authorization” or “Release Order” is an authorized document
to procure goods or services.
1.8
“Shall, Must” Indicates a mandatory requirement. Failure to meet these mandatory requirements may result
in the rejection of a proposal as non-responsive or may result in default of contract.
1.9
“Should” Indicates something that is recommended but not mandatory. If the Contractor fails to provide
recommended information, Area Agency may, at its sole option, ask the Contractor to provide the
information.
1.10
“Vulnerable adult” An individual who is eighteen (18) years of age or older who is unable to protect himself
from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult
includes an incapacitated person as defined in A.R.S. §14-5101.
1.11
“Additional Insured” Specifically includes all agencies and requirements as identified in Section 26.4.3.
1.12
“Area Agency” Area Agency on Aging, Region One, Incorporated, unless otherwise indicated.
1.13
“Contract Specialist” Is the Area Agency staff person who is assigned managerial responsibility for the
contract.
1.14
“Scope of Work” The Arizona Department of Economic Security description of service(s) to be provided
pursuant of this contract.
1.15
“Service Specification” The Area Agency description of service(s) to be provided pursuant of this contract.
2.0
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 Area Agency 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:
2.2
“This program was funded through a contract with Area Agency on Aging, Region One, Incorporated. Points
of view are those of the author and do not necessarily represent the official position or policies of
the Area Agency.”
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Area Agency on Aging, Region One Contract FY 2026
3.0
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 Area Agency and may require an assignment of the Contract documented by a Contract
Amendment. Area Agency may terminate this Contract pursuant to the Termination clauses of the
Contract, if the Contractor does not obtain prior written approval or Area Agency determines that the
change in ownership is not in the best interest of the Area Agency.
3.1.2
This Contract is voidable and subject to immediate cancellation by Area Agency 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 Area Agency.
3.1.3
The Contractor shall submit a detailed merger, reorganization and/or transition of ownership plan to Area
Agency, for review at least sixty (60) days prior to the effective date of the proposed change.
4.0
AUDIT
In addition to the Uniform Terms and Conditions, Section 3.3, the following shall apply:
4.1
In compliance with the Federal Single Audit Act (31 U.S.C. § 7501-7506 as may be amended), Contractors
designated as sub-recipients shall comply with the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards as prescribed in 2 C.F.R. § 200.
4.2
Audits of non-profit corporations receiving Federal or State monies are required pursuant to Federal or
State law and shall be conducted as provided in 31 U.S.C. § 7501-7506, and A.R.S. § 35-181.03, as may
be amended, and any other applicable statutes, rules, regulations, and standards.
4.3
In accordance with A.R.S. § 35-214, the Contractor shall retain and shall contractually require each
subcontractor to retain all data, books and other records (“records”) relating to this Contract for a period of
five (5) years after completion of the Contract, except if subject to Health Insurance Portability &
Accountability Act which is six (6) years. All records shall be subject to inspection and audit by Area Agency
at reasonable times. Upon request, the Contractor shall produce the original of any or all such records.
5.0
AUTHORIZATION FOR SERVICES
5.1
Authorization for performance of services under this Contract shall be made only upon a duly approved
Itemized Service Budget and the Itemized Service Budget will indicate the Contract number and the dollar
amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount
on the approved Itemized Service Budget. Area Agency shall not have any legal obligation to pay for
services in excess of the amount indicated on the Itemized Service Budget.
5.2
No further obligation for payment shall exist on behalf of Area Agency unless change or modification has
been made in accordance with Section 5.1 above.
6.0
BACKGROUND CHECKS FOR EMPLOYMENT THROUGH THE ARIZONA CENTRALIZED
BACKGROUND CHECK (CBC).
If providing direct services to children or vulnerable adults, the following shall apply:
6.1
The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in their entirety as
provisions of this Contract.
6.2
The Contractor shall link their Arizona Centralized Background Check (CBC) Employer account to the
Agency account with the following email address: Region1centralregistry@aaaphx.org
The Contractor shall ensure that all Contractor’s employees and volunteers providing services to the Area
Agency clients, conduct a CBC check through the web portal of the Arizona Department of Economic
Security (ADES) (https:des.az.gov/CBC) using the Area Agency contract number CTR048037 and the
ADES division name: DAAS, as a factor for the Contractor to determine qualifications for positions that
provide direct service to children or vulnerable adults for:
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Area Agency on Aging, Region One Contract FY 2026
6.2.1
Any person who applies for a contract with Area Agency and that person’s employees;
6.2.2
All employees of a contractor;
6.2.3
A subcontractor of a contractor and the subcontractor’s employees; and
6.2.4
Prospective employees of the contractor or subcontractor at the request of the prospective employer.
6.3
A person who is disqualified because of an Arizona Centralized Background Check (CBC) may apply to the
Board of Fingerprinting for an exception pursuant to A.R.S. § 41-619.57. A person who is granted an
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 an exception.
6.3.1
Before being employed or volunteering in a position that provides direct services to children or vulnerable
adults, persons shall certify on forms that are provided by Area Agency whether an allegation of abuse
or neglect was made against them and was substantiated. The completed forms are to be maintained as
confidential.
6.4
A person awaiting receipt of the Arizona Centralized Background Check (CBC) may provide direct services
to Area Agency clients after completion and submittal of the Direct Service Position certification form if
the certification state:
6.4.1
The person is not currently the subject of an investigation of child abuse or neglect in Arizona or another
state or jurisdiction; and
6.4.2
The person has not been the subject of an investigation of child abuse or neglect in Arizona, or another
state or jurisdiction, which resulted in a substantiated finding.
6.5
If Arizona Centralized Background Check (CBC) specifies any disqualifying act and the person does not
have an exception, the person shall be prohibited from providing direct services to Area Agency clients.
6.6
The Contractor shall maintain the Arizona Centralized Background Check (CBC) results and any related
forms or documents in a confidential file for five (5) years after termination of the Contract.
6.7
The Contractor shall require each employee to complete and sign the Direct Service Position form (Exhibit
A English, Exhibit B Spanish) and retain in a confidential file for five (5) years after termination of the
Contract. The Direct Service Position form can be found at: https://des.az.gov/documents-center.
7.0
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 Area Agency shall be adjusted to exclude any significant
amounts by which Area Agency finds the price was increased because the Contractor-furnished cost or
pricing data was inaccurate, incomplete or not current as of the date of certification. Such adjustment by Area
Agency 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.
8.0
CERTIFICATION REGARDING LOBBYING
The Contractor agrees by submittal of the Certification Regarding Lobbying form, in compliance with 49
C.F.R. Part 20.
9.0
CODE OF CONDUCT
The Contractor shall avoid any action that might create or result in the appearance of having:
9.1
Inappropriate use or divulging of information gathered or discovered pursuant to the performance of its
duties under the contract;
9.2
Acted on behalf of Area Agency or contracted funding sources without appropriate authorization;
9.3
Provided favorable or unfavorable treatment to anyone;
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Area Agency on Aging, Region One Contract FY 2026
9.4
Made a decision on behalf Area Agency that exceeded its authority, could result in partiality, or have a
political consequence for Area Agency or contracted fund sources;
9.5
Misrepresent or otherwise impeded the efficiency, authority, actions, policies, or adversely affect the
confidence of the public or integrity of Area Agency or contracted funding sources; or
9.6
Loss of impartiality when advising Area Agency or contracted funding sources.
10.0
COMPETITIVE BIDDING
If the Contractor is authorized to purchase the supplies and equipment itemized in the Contract for utilization
in the delivery of contract services, Contractor shall procure all such supplies and equipment at the lowest
practicable cost and shall purchase all non-expendable items having a useful life of more than one (1) year
and an acquisition cost of $5,000 or more, through generally accepted and reasonable competitive bidding
processes. Any procurement in violation of this provision shall be considered a financial audit exception.
11.0
COMPLIANCE WITH APPLICABLE LAWS
In addition to the Uniform Terms and Conditions, Section 7.6, the following shall apply:
11.1
In accordance with A.R.S. § 36-557 as may be amended (Purchase of community developmental
disabilities services; application; contracts; limitation), as applicable, all recipients of contract services shall
have all of the same specified rights as they would have if enrolled in a service program operated directly
by the State.
11.2
The Contractor shall comply with the requirements related to reporting to a peace officer or child protective
services incidents of crimes against children as specified in A.R.S. §13-3620 as may be amended.
11.3
The Contractor shall comply with P.L. 101-121, Section 319 (31 U.S.C. section 1352) as may be amended,
and 29 C.F.R. Part 93 as may be amended which prohibit the use of federal funds for lobbying and which
state, in part: Except with the express authorization of Congress, the Contractor, its employees or agents,
shall not utilize any federal funds under the terms of this contract to solicit or influence, or to attempt to
solicit or influence, directly or indirectly, any member of Congress regarding pending or prospective
legislation. Indian tribes, tribal organizations and any other Indian organizations are exempt from these
lobbying restrictions with respect to expenditures that are specifically permitted by other federal law.
11.4
The Contractor shall comply with all applicable state and federal statutes and regulations. This shall include
A.R.S. § 23-722.01 as may be amended relating to new hire reporting, A.R.S. § 23-722.02 as may be
amended relating to wage assignment orders to provide child support, and A.R.S. § 25-535 as may be
amended relating to administrative or court-ordered health insurance coverage for children.
11.5
The Contractor shall comply with the Administrative Simplification rules in Title II of the Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-191) and all Federal regulations that are
applicable to the operations of the Contractor by the dates required by the implementing Federal regulations
as well as all subsequent requirements and regulations as published.
12.0
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 Area Agency 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. Area Agency will advise the Contractor as to applicable policies and procedures the Arizona
Department of Economic Security and/or the State has adopted for such compliance.
13.0
CONTRACT TERM AND OPTION TO EXTEND
13.1
The term of the resultant Contract shall be effective the date specified on the Offer and Award or Signature
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Area Agency on Aging, Region One Contract FY 2026
page and shall remain in effect for until the contract termination date or as otherwise specified, unless
terminated, cancelled, or extended as otherwise provided herein.
13.2
Area Agency has no obligation to extend or renew this Contract. However, Area Agency has the right, at its
sole option, to renew the Contract in accordance with any extensions Area Agency may receive
for supplemental periods. In the event that Area Agency 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 the Contract period specified in this Contract.
13.4
The Contractor shall not provide services prior to Contract term commencing or after the end date of the
Contract. There shall be no billable activity outside of the Contract effective dates.
14.0
COOPERATION
14.1
Area Agency may undertake or award other contracts for additional work related to the work performed
by the Contractor, and the Contractor shall fully cooperate with such other Contractors and Area
Agency employees, and carefully fit its own work to such other Contractors' work. The Contractor shall not
commit or permit any act which will interfere with the performance of work by any other Contractor or
by Area Agency employees. The Contractor shall cooperate as Area Agency deems necessary, with
the transfer of work, services, case records and files performed or prepared by the Contractor to other
Contractor(s).
15.0
COOPERATION INVESTIGATION
All contractors, providers, vendors and volunteers are to cooperate fully and truthfully with any A r e a
A g e n c y , ADES, or funding agency investigation, including but not limited to an Investigation by Division or
Internal Affairs of such agencies. Failure to adhere to this policy may result in Area Agency taking whatever
actions it deems appropriate, from removal of the subject and or witness from working with Area Agency
clients up to terminating the Contract with Area Agency.
16.0
DATA SHARING AGREEMENT
16.1
When determined by Area Agency that sharing of confidential data will occur with the Contractor, the
Contractor shall complete a Data Sharing Request Agreement and submit the completed
Agreement to the Area Agency Designated Staff prior to any work commencing or data shared. A
separate Data Sharing Request Agreement shall be required between the Contractor and each Area
Agency Program or funding source sharing confidential data.
16.2
The Data Sharing Request Agreement is located at: http://des.az.gov/documents-center. In the “Search”
field type “Data Sharing” and click “Apply”. The search will produce the following results:
16.2.1
Document Number J-119-Single (For requests involving a single division or program).
16.2.2
Document Number J-119-Multi (For requests involving multiple divisions or programs).
17.0
EQUIPMENT
17.1
If the Contractor is authorized to purchase Equipment, it shall be itemized in the 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 part with Area
Agency funds, shall be reported in accordance with Area Agency Finance Manual inventory policies and
procedures. The Contractor shall report Equipment purchased with contract funds to Area Agency within
thirty (30) days of purchase, perform an annual inventory of all Equipment purchased with Area
Agency funds and submit the Equipment inventory form to the Area Agency person designated to receive
notices.
17.2
Area Agency shall retain an equitable interest equal to the purchase price paid, or a fair estimate or
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Area Agency on Aging, Region One Contract FY 2026
appraisal of current market value, whichever is greater, in all Equipment purchased under this Contract.
Area Agency 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 Area Agency during and after the 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 the
Contract.
17.4
Upon termination of this Contract, any Equipment purchased under this Contract shall be disposed of as
directed by Area Agency and, if sold, Area Agency shall be compensated in the amount of its equitable
interest.
17.5
Under a fixed price contract, Section 17.1 through 17.4 do not apply unless specifically required by federal
or state law.
18.0
EVALUATION
18.1
Area Agency 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 Area Agency, the Contractor shall participate in third party evaluations relative to
Contract impact in support of Area Agency goals.
19.0
E-VERIFY
In addition to the Uniform Terms and Conditions, Section 3.10, 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. (That
subsection reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the
employment eligibility of the employee through the e-verify program.”)
19.2
A breach of a warrant regarding compliance with immigration laws and regulations shall be deemed a
material breach of the Contract and the Contractor may be subject to penalties up to and including
termination of the Contract.
19.3
Failure to comply with an Area Agency audit process to randomly verify the employment records of
contractors and subcontractors shall be deemed a material breach of the Contract and the Contractor may
be subject to penalties up to and including termination of the Contract.
19.4
Area Agency retains the legal right to inspect the papers of any employee who works on the Contract
to ensure that the Contractor or subcontractor is complying with the warranty above.
20.0
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 Area Agency 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. Area Agency 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 Area Agency for reviewing and adjudicating grievances by service recipients or subcontractors arising
from this Contract.
21.0
FEDERAL IMMIGRATION AND NATIONALITY ACT
In addition to the Uniform Terms and Conditions, Section 3.9, the following shall apply:
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Area Agency on Aging, Region One Contract FY 2026
21.1
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 Area Agency President/CEO 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-9) 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.
21.2
Area Agency may request verification of compliance for any Contractor or subcontractor performing work
under the Contract.
22.0
FEES AND PROGRAM INCOME
Unless specifically authorized in the Contract, the Contractor shall impose no fees or charges of any kind
upon recipients for contract services.
23.0
FINGERPRINTING
23.1
Contractor shall comply with, and shall ensure that all of Contractor’s employees, independent contractors,
subcontractors, volunteers and other agents comply with, all applicable (current and future) legal
requirements relating to fingerprinting, fingerprint clearance cards, 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.
23.2.1
“Certifications regarding pending or past criminal matters” as identified above may be satisfied through the
submission of the Criminal History Self Disclosure Affidavit by staff/volunteers. Such use of this form cannot
be construed as the only manner or the best manner to obtain certifications regarding pending or past
criminal matters.
Exhibit C English
Exhibit D Spanish
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.
23.3.3
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 the 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).
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Area Agency on Aging, Region One Contract FY 2026
24.0
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
24.1
The Contractor warrants that it is familiar with the requirements of HIPAA, as amended by the Health
Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009, and accompanying
regulations and will comply with all applicable HIPAA requirements in the course of this Contract. Contractor
warrants that it will cooperate with Area Agency in the course of performance of the Contract so that both
the Area Agency and Contractor will be in compliance with HIPAA, including cooperation and coordination
with the offices of the Department’s Chief Information Security Officer and Chief Privacy Officer,
and other compliance officials required by HIPAA and its regulations.
24.2.2
The Contractor agrees to p r o vide Area Agency with materials that will be utilized for its own training. Area
Agency reserves the right to review the independent training materials and either approve or reject.
25.0
INCLUSIVE CONTRACTOR
Contractor is encouraged to make every effort to utilize subcontractors that are small, women-owned and/or
minority owned business enterprises. This could include subcontractors for a percentage of the administrative
or direct service being proposed. 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 detail concerning the
Contractor’s utilization of small, women-owned and/or minority business enterprises. Emphasis should be
placed on specific areas that are subcontracted and percentage of contract.
26.0
INDEMNIFICATION AND INSURANCE
26.1
Indemnification Clause
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless Area Agency
and 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 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 Area Agency and 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.
26.2
Insurance Requirements
26.2.1
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.
26.2.2
The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the
indemnity covenants contained in this Contract. Area Agency and 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.
26.3
Minimum Scope and Limits of Insurance
The Contractor shall provide coverage with limits of liability not less than those stated below.
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Area Agency on Aging, Region One Contract FY 2026
26.3.1
Commercial General Liability (CGL) – Occurrence Form
Policy shall include bodily injury, property damage, and broad form contractual liability coverage.
•
General Aggregate
$3,000,000 (ALTCS) / $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
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.
2.
Contractor must provide the following statement on their Certificate(s) of Insurance: “Sexual Abuse
and Molestation coverage is included” or “Sexual Abuse and Molestation coverage is not excluded.”
3.
The policy shall be endorsed, as required by this written agreement, to include the Additional
Insured agencies, and their 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.
4.
Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in
favor of the Additional Insureds, and their departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
26.3.2
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
1.
Policy shall be endorsed, as required by this written agreement, to include the Additional Insureds
and their 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.
2.
Policy shall contain a waiver of subrogation endorsement as required by this written agreement in
favor of the Additional Insureds, and their departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
26.3.3
Workers’ Compensation and Employers' Liability
•
Workers' Compensation
Statutory
•
Employers' Liability
o
Each Accident
$1,000,000
o
Disease – Each Employee
$1,000,000
o
Disease – Policy Limit
$1,000,000
1.
Policy shall contain a waiver of subrogation endorsement, as required by this written agreement,
in favor of the Additional Insureds, and their departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
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).
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Area Agency on Aging, Region One Contract FY 2026
26.3.4
Professional Liability (Errors and Omissions Liability)
Each Claim
$2,000,000
Annual Aggregate
$2,000,000
1.
If SAM coverage is being provided under this policy then Contractor must provide the following
statement on their Certificate(s) of Insurance: “Sexual Abuse and Molestation coverage is included”
or “Sexual Abuse and Molestation coverage is not excluded.” This coverage may be sub-limited to
no less than $500,000.
2.
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 that 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.
3.
Policy shall cover professional misconduct or wrongful acts for those positions defined in the Scope
of Work and Service Specifications of this contract.
26.3.5
Commercial Crime Policy or Blanket Fidelity Bond
Coverage amount is
$100,000
Coverage should include but is not limited to:
1.
Employee Dishonesty (to include coverage for theft and mysterious disappearance and inventory
shortage)
2.
Money & Securities Inside/Outside
3.
Computer Fraud
4.
Funds Transferred (if applicable)
5.
Forgery or Alteration
6.
The policy shall be endorsed to include Area Agency and funding sources and the State of Arizona
(and the respective agency) as Loss Payee
7.
The policy shall not contain a condition requiring a conviction or arrest in order to file a claim
8.
Coverage shall be extended to 3rd parties
26.4
Additional Insurance Requirements
The policies shall include, or be endorsed to include, as required by this written agreement, the following
provisions:
26.4.1
The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be
primary and that any insurance carried by the identified agencies, 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).
26.4.2
Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the
indemnification provisions of this Contract.
26.4.3
Required Agencies:
_ Area Agency on Aging, Region One Incorporated
_ State of Arizona and Department of Economic Security
_ Banner University Family Plan
_ UnitedHealthcare Community Plan
_ Mercy Care Plan
26.5
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
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Area Agency on Aging, Region One Contract FY 2026
changed for any reason without thirty (30) days prior written notice to Area Agency. Within two (2)
business days of receipt, Contractor must provide notice to Area Agency 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 Area Agency and shall be mailed, emailed, hand
delivered or sent by facsimile transmission to the assigned Area Agency on Aging Contract Specialist.
26.6
Acceptability of Insurers
26.6.1
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.
26.6.2
If the social services program utilizes the Social Service Contractors Indemnity Pool (SSCIP) or other
approved insurance pool for insurance coverage, SSCIP or the other approved insurance pool is exempt
for the A.M. Best’s rating requirements listed in this contract. If the contractor or subcontractor chooses to
use SSCIP or another approved insurance pool as its insurance provider, the contract/subcontract would
be considered in full compliance with the insurance requirements relating to the A.M. Best rating
requirements.
26.7
Verification of Coverage
Contractor shall furnish Area Agency 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.
26.7.1
All such certificates of insurance and policy endorsements must be received by Area Agency before
work commences. Area Agency’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.
26.7.2
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.
26.7.3
All certificates required by this Contract shall be sent directly to Area Agency. The Area Agency
project/contract/vendor number and project description shall be noted on the certificate of insurance. Area
Agency reserves the right to require complete copies of all insurance policies required by this Contract at
any time.
26.8
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. Area Agency
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.
26.9
Approval and Modifications
The Contracting Agency, in consultation with Area Agency, 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.
26.10
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.
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Area Agency on Aging, Region One Contract FY 2026
27.0
IT 508 COMPLIANCE
Unless specifically authorized in the Contract, any electronic or information technology offered to Area
Agency under this Contract shall comply with A.R.S. §§ 41-3531 and 3532 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.
28.0
LEVELS OF SERVICE
28.1
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.
28.2
Area Agency makes no guarantee to purchase specific quantities of goods or services, or to refer eligible
persons as may be identified or specified herein. Further, it is understood and agreed that this Contract is
for the sole convenience of Area Agency and that Area Agency reserves the right to obtain like goods
or services from other sources when such need is determined necessary by Area Agency.
28.3
Any administration within Area Agency may obtain services under this Contract.
28.4
Contract services may be moved or expanded to other site locations within the geographic area awarded
only by a written Contract Amendment.
28.5
Area Agency makes no guarantee to purchase all of the service units authorized or to provide any
number of referrals. If quantities of units are specified, they are estimates only and Area Agency may
decrease and/or increase them by providing written notice to the Contractor.
28.6
When the method of compensation for the service is Fixed Price with Price Adjustment, the Contract may
be amended, by mutual agreement, to purchase additional services by increasing the contract itemized
service budget and/or budget summary.
29.0
LIMITED ENGLISH PROFICIENCY
The Contractor shall ensure that all services provided are culturally relevant and linguistically appropriate to
the population to be served following the ADES Policy, Limited English Proficiency, DES 1-01-34. To ensure
compliance, the policy may be obtained at the following location:
https://des.az.gov/digital- library/limited-english-proficiency.
30.0
NON-AVAILABILITY OF FUNDS
In accordance with A.R.S. § 35-154, every payment obligation of Area Agency 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 Area
Agency at the end of the period for which funds are available. The President/CEO of Area Agency shall have
the sole and unfettered discretion in determining the availability of funds. No liability shall accrue to Area
Agency in the event this provision is exercised, and Area Agency shall not be obligated or liable for any future
payments or for any damages as a result of termination under this paragraph.
31.0
NON-DISCRIMINATION
In addition to the Uniform Terms and Conditions, Section 3.2, the following shall apply:
31.1
Unless exempt under Federal law the Contractor shall comply with Title VII of the Civil Rights Act of 1964
as amended. Contractor shall comply with the Age Discrimination in Employment Act. The Contractor shall
comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination in the employment
or advancement in employment of qualified persons because of physical or mental handicap. The
Contractor shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended.
31.2
The Contractor shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the denial of benefits
of or participation in contract services on the basis of race, color, or national origin. The Contractor shall
comply with the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination on the basis of disability in delivering contract services; and with Title II of the Americans
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Area Agency on Aging, Region One Contract FY 2026
with Disabilities Act, and the Arizona Disability Act, which prohibit discrimination on the basis of physical or
mental disabilities in the provision of contract programs, services and activities.
31.3
The following shall be included in all publications, forms, flyers, etc. that are distributed to recipients of
contract services:
31.3.1
“Under Titles VI and VII of the Civil Rights Act of 1964 (Title VI and VII) and the Americans with Disabilities
Act of 1990 (ADA) Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975,
(insert Contractor name here) prohibits discrimination in admissions, programs, services, activities or
employment based on race, color, religion, sex, national origin, age, and disability. The (insert Contractor
name here) must make a reasonable accommodation to allow a person with a disability to take part in a
program, service, or activity. Auxiliary aids and services are available upon request to individuals with
disabilities. For example, this means that if necessary, the (insert Contractor name here) must provide
sign language interpreters for people who are deaf, a wheelchair accessible location, or enlarged print
materials. It also means that the (insert Contractor name here) will take any other reasonable action that
allows you to take part in and understand a program or activity, including making reasonable changes to an
activity. If you believe that you will not be able to understand or take part in a program or activity because of
your disability, please let us know of your disability needs in advance if at all possible. To request this
document in alternative format or for further information about this policy please contact: (insert Contractor
contact person and phone number here) “Para obtener este documento en otro formato o obtener
información adicional sobre esta política, (insert Contractor contact person and phone number here).”
32.0
NOTICES
In addition to the Uniform Terms and Conditions, Section 3.5, the following shall apply:
32.1
All notices shall reference the contract number.
32.2
The Contractor shall give written notice to Area Agency of changes to the following, and a written
amendment to the contract shall not be necessary:
32.2.1
Change of telephone number;
32.2.2
Changes in the name and/or address of the person to whom notices are to be sent;
32.2.3
Changes in contract-related personnel positions of the Contractor which do not affect staffing ratios, staff
qualifications or specific individuals required under this Contract; or
32.2.4
In a fixed price with price adjustment contract, whenever there is less than a ten percent (10%) increase in
any budget category; any such increase must be offset by an equal value decrease in another budget
category or categories.
33.0
ORDER OF PRECEDENCE
In addition to the Uniform Terms and Conditions, Section 2.3, the following shall apply:
33.1
In the event of a conflict in the provisions of the Contract, as accepted by Area Agency and as they may be
amended, the following shall prevail in the order set forth below:
33.1.1
Amendments to the Contract;
33.1.2
The Contract;
33.1.3
ADES Special Terms and Conditions;
33.1.4
Uniform Terms and Conditions;
33.1.5
Provider Specific Terms for Programs with ALTCS Funded Services
33.1.6
Scope of Work;
33.1.7
Service Specifications
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Area Agency on Aging, Region One Contract FY 2026
33.1.8
Area Agency Manuals, Policies and Directives
33.1.9
Attachments that are not included in the Special Terms and Conditions or Uniform Terms and Conditions;
18
Area Agency on Aging, Region One Contract FY 2026
33.1.10
Exhibits;
33.1.11
Documents referenced or included in the Solicitation;
34.0
PANDEMIC CONTRACTUAL PERFORMANCE
34.1
The State shall require a written plan that illustrates how the Contractor shall perform up to contractual
standards in the event of a pandemic. Area Agency may require a copy of the plan at any time prior or post
award of a contract. At a minimum, the pandemic performance plan shall include:
34.1.1
Key succession and performance planning if there is a sudden significant decrease in Contractor’s
workforce.
34.1.2
Alternative methods to ensure there are services or products in the supply chain.
34.1.3
An up to date list of company contacts and organizational chart.
34.2
In the event of a pandemic, as declared by the Governor of Arizona, U.S. Government or the World Health
Organization, which makes performance of any term under this Contract impossible or impracticable, Area
Agency shall have the following rights:
34.2.1
After the official declaration of a pandemic, Area Agency may temporally void the Contract(s) in whole or
specific sections if the Contractor cannot perform to the standards agreed upon in the initial terms.
34.2.2
Area Agency shall not incur any liability if a pandemic is declared and emergency procurements are
authorized by the Director of the Arizona Department of Administration per A.R.S. § 41-2537 as may be
amended of the Arizona Procurement Code.
34.2.3
Once the pandemic is officially declared over and/or the Contractor can demonstrate the ability to perform,
Area Agency, at its sole discretion may reinstate the temporarily voided Contract(s).
35.0
PARTICIPATION IN BOYCOTT OF ISRAEL
Contractor warrants it is not engaged in a boycott of Israel as defined by A.R.S. § 35-393.01.
36.0
PAYMENTS
In addition to the Uniform Terms and Conditions, Section 4.1, the following shall apply:
36.1
Payments regarding this contract shall be made according to the type of payment indicated with the check
mark () and is identified on the Contract Summary page(s) and defined as follows:
36.1.1
Fixed Price with Price Adjustment - 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. The Contractor shall furnish Area Agency with an accounting of actual costs. Increases to the
service reimbursement ceiling shall only be made by a Contract Amendment.
36.1.2
Rate or Fixed Price – The Contractor is paid a specified amount for each unit of service or deliverable as
designated in the Contract Summary, not to exceed the maximum number of units if indicated by Area
Agency for each contract service/deliverable. Area Agency may authorize units and adjust funding based
on those authorized units throughout the term of the contract by amending the contract.
36.2
Area Agency must approve the service reimbursement ceiling. The Contractor shall submit an Itemized
Service Budget reflecting the total amount of the service reimbursement ceiling. Area Agency will issue
payment based upon actual allowable costs incurred consistent with each service budget, budget summary,
or Fixed Price, not to exceed the service reimbursement ceiling. Area Agency may negotiate individual
budget category, service code, activity or categories.
36.2.1
Whenever there is less than a ten percent (10%) increase in any budget category, service code, or activity
within a service; any such increase must be offset by an equal value decrease in another budget category,
service code, or activity within a service. A written explanation for the increase must be submitted to the
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Area Agency on Aging, Region One Contract FY 2026
Area Agency for approval. A new Itemized Service Budget shall not be required.
36.2.2
Whenever there is a ten percent (10%) or greater increase in any budget category/service code/activity,
any such increase must be offset by an equal value decrease in another budget category/service
code/activity or categories and written justification for the increase must be submitted to Area Agency for
prior approval by Area Agency. A new Itemized Service Budget shall be required.
36.2.3
A Contractor shall not exceed ten percent (10%) of the total service reimbursement budget in total service
adjustments within any State fiscal year.
36.3
The Contractor shall report to Area Agency in the manner prescribed by the "Reporting Requirements"
section of these terms and conditions and service specifications or other Area Agency directives. Upon
receipt of applicable, accurate and complete reports, and compliance with all requirements, Area Agency
will authorize payment or reimbursement in accordance with the type of payment indicated by this Contract.
36.4
If the Contractor is in any manner in default in the performance of any obligation under this Contract, or if
audit exceptions are identified, Area Agency may, at its option and in addition to other available remedies,
either offset the amount or withhold payment up to the amount in dispute or default.
36.5
The Contractor may offer a price reduction adjustment at any time during the term of the Contract. Any
price reduction shall be executed by a contract amendment.
36.6
Under no circumstances shall Area Agency make payment to the Contractor:
36.6.1
That exceeds the unit authorized without an amendment to this contract;
36.6.2
That exceeds the service reimbursement ceiling as stated in the Contract Summary or Contract Budget
without an amendment to this contract; or
36.6.3
For services performed prior to or after the term of the contract without timely extension or renewal of the
contract.
36.8
Compensation for Rate or Fixed Price
36.8.1
Subject to the availability of funds and during the period of this contract, the Area Agency shall pay the
fixed unit prices for each unit of service authorized and delivered to each client in accordance with the
Contract Summary.
36.8.2
The Contractor shall not be entitled to bill the Area Agency, nor shall the Area Agency honor any claim for
payment for any client services performed in the development of, or review of a client's plan of care.
36.8.3
The rates per unit of service as stated in the Contract Summary shall be considered payment in full for all
services and supplies rendered or provided under the terms of this contract. The Contractor agrees that it
will not bill or charge clients, their families, guardian or conservators for services provided under this
contract without prior approval of the Area Agency. The provisions of this section shall not be construed as
restricting the right of the Contractor to bill Medicare for allowable costs, and/or to bill clients for other
services rendered that are not covered by this contract.
36.8.4
The Contractor shall be entitled to bill the Area Agency only for those units of service that have been
performed in accordance with the Scope of Work and Service Specifications of this contract and where the
Contractor has obtained a valid client signature each time services were provided.
36.8.5
The Area Agency, working from the Contractor's billing, shall determine the payments to be made to the
Contractor for services. If a discrepancy exists between the Contractor's billing and the Area Agency's
record of authorized clients and units of service, the amount of the discrepancy will be disallowed and the
remainder of the claim processed for payment. The Contractor shall be notified in writing of the amount
and reasons for any disallowance and shall be afforded the opportunity to document the appropriateness of
the disallowed costs and to resubmit a billing for payment within thirty (30) days of the original due date.
36.8.6
The Area Agency President/CEO shall be the sole determiner of the availability of funds.
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Area Agency on Aging, Region One Contract FY 2026
36.9
Compensation for Fixed Price with Price Adjustment
36.9.1
Subject to the availability of funds, Area Agency shall compensate the Contractor for delivery of the
contract services designated within the Service Specifications, provided that the services are delivered
during the term of the contract and in accordance with the terms and conditions set forth in this contract.
The maximum reimbursement ceiling for all Fixed Price with Price Adjustment services provided during the
term of this contract is stated in the Contract Summary.
36.9.2
At least a ten percent (10%) non-federal match is required for each Area Agency dollar awarded. This non-
federal match may be either cash or in-kind.
36.9.3
If at contract termination the total number of eligible units of service delivered for any contracted service is
less than ninety percent (90%) of the contracted units, Area Agency reserves the right to adjust payments
to the Contractor proportionally.
36.9.4
The Area Agency shall not be obligated to compensate the Contractor for delivery of contracted services at
a ratio greater than the time remaining in the contract year. The schedule of compensation shall be applied
quarterly; therefore, a Contractor may not exceed compensation greater than 25%, 50%, 75% based on the
period of the contract year served. Area Agency shall have sole and unfettered discretion to deviate from
this schedule.
36.9.5
If claiming Indirect, Area Agency requires the Contractor to submit a letter of approval from a federally
recognized, cognizant agency.
37.0
PAYMENT RECOUPMENT
The Contractor shall reimburse Area Agency upon demand or Area Agency may deduct from future
payments the following:
37.1
Any amounts received by the Contractor from Area Agency for contract services which have been
inaccurately reported or are found to be unsubstantiated;
37.2
Any amounts paid by the Contractor to a subcontractor not authorized in writing by Area Agency;
37.3
Any amount or benefit paid directly or indirectly to an individual or organization not in accordance with the
“Substantial Interest” section of these terms and conditions;
37.4
Any amounts paid by Area Agency for services which duplicate services covered or reimbursed by other
specific grants, contracts, or payments;
37.5
Any amounts expended for items or purposes determined unallowable by Area Agency when this
Contract provides for the reimbursement of costs, see the “Unallowable Costs” section of these terms and
conditions;
37.6
Any amounts paid by Area Agency for which the Contractor’s books, records, and other documents are
not sufficient to clearly substantiate that those amounts were used by the Contractor to perform contract
services;
37.7
Any amounts received by the Contractor from Area Agency which are identified as a financial audit
exception;
37.8
Any amounts paid or reimbursed in excess of the Contract or service reimbursement ceiling;
37.9
Any amounts paid to the Contractor which are subsequently determined to be defective pursuant to the
“Certification of Cost or Pricing Data” section of these terms and conditions; and
37.10
Any payments made for services rendered before the Contract begin date or after the Contract termination
date.
38.0
PERSONNEL
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Area Agency on Aging, Region One Contract FY 2026
The Contractor's personnel shall satisfy all qualifications, carry out all duties, and work the hours as set
forth in this Contract.
39.0
PREDECESSOR AND SUCCESSOR CONTRACTS
The execution or termination of this Contract shall not be considered a waiver by Area Agency of any rights
it may have for damages suffered through a breach of this or a prior contract with the Contractor.
40.0
PROFESSIONAL STANDARDS
The Contractor shall deliver contract services in a humane and respectful manner and in accordance with
any and all applicable professional accreditation standards. Levels of staff qualifications, professionalism,
numbers of staff and individuals identified by name must be maintained as presented in the Contract.
41.0
RATE ADJUSTMENT
41.1
The Contractor agrees to provide services at the rates as set forth in this Contract. No other costs, rates,
or fees shall be payable to the Contractor. Any requests for rate adjustment(s) shall be submitted in writing
a minimum of forty-five (45) days prior to contract extension and include supportive justification for the
proposed adjustment(s) such as, but not limited to, economic data. Rate adjustment(s) shall only be
considered at time of contract extension. Area Agency will review such request(s) and shall determine
whether an adjustment shall be granted or if an alternative option is in the best interests of Area
Agency. Any rate adjustment, if approved, will be effective and executed via a Contract Amendment.
41.2
Any approved rate adjustment shall be applied to the specific rate(s) in effect prior to the contract extension
period.
41.3
The request shall include the contract number and service description.
41.4
The Contractor shall submit the request for a rate adjustment to:
Area Agency on Aging, Region One, Incorporated
Contracts Department
1366 E Thomas Road, Suite 108
Phoenix, Arizona, 85014
or
ContractsDepartment@aaaphx.org
42.0
RECORDS
In addition to the Uniform Terms and Conditions, Section 3.1, the following shall apply:
42.1
Contract service records will be maintained in accordance with this contract, contract amendment(s),
scope(s) of work, service specification(s), and any other Area Agency policies and directives. Records
shall, as applicable, meet the following standards:
42.1.1
Adequately identify the service provided and each service recipient's application for contract and
subcontract activities;
42.1.2
Include personnel records which contain applications for employment, job titles and descriptions, hire and
termination dates, a copy of the fingerprint clearance card (front and back), wage rates, and effective dates
of personnel actions affecting any of these items;
42.1.3
Include time and attendance records for individual employees to support all salaries and wages paid;
42.1.4
For Fixed Price with Price Adjustment contracts, include:
1.
Records of the source of all receipts and the deposit of all funds received by the Contractor;
2.
Original copies of invoices, statements, sales tickets, billings for services, deposit slips, etc., and a
cash disbursement journal and cancelled checks to reflect all disbursements applicable to the
Contract;
3.
A complete general ledger with accounts for the collection of all costs and/or fees applicable to the
Contract; and
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Area Agency on Aging, Region One Contract FY 2026
4.
Copies of lease/rental agreements, mortgages and/or any other agreements which in any way may
affect Contract expenditures.
42.1.5
Specific to staff/volunteers providing transportation services, records must include a copy of a valid driver’s
license based on the vehicle to be driven and the initial physical exam and subsequent physical exams per
contract requirements.
42.1.6
Specific to staff/volunteers providing home delivered meals, records must include a copy of a valid driver’s
license based on the vehicle to be driven.
42.2
Any such records not maintained shall mandate an audit exception in the amount of the inadequately
documented expenditures.
42.2.1
Contractor shall ensure its subcontractor(s), preserve and make available all records for a period of five (5)
years from the date of final payment under this Contract except if subject to Health Insurance Portability &
Accountability Act which is six (6) years from the date of final payment:
42.2.2
If this Contract is completely or partially terminated, the records relating to the work terminated shall be
preserved and made available for a period of five (5) years from the date of any such termination.
42.2.3
Records which related to disputes, litigation or the settlement of claims arising out of the performance of
this Contract, or costs and expenses of this Contract to which exception has been taken by Area Agency, shall
be retained by the Contractor until such disputes, litigations, claims or exceptions have been disposed of.
43.0
RELATIONSHIP OF PARTIES
In addition to the Uniform Terms and Conditions, Section 2.4, the following shall apply:
43.1
In the event that the Contractor or its personnel is sued or prosecuted for Contractor’s conduct arising from
this Contract, the Contractor or their personnel will not be represented by Area Agency or other funding
source within this contract.
43.2
Taxes or Social Security payments will not be withheld from Area Agency payment issued hereunder and the
Contractor shall make arrangements to directly pay such expenses, if any.
44.0
REPORTING REQUIREMENTS
44.1
Unless otherwise provided in this Contract, reporting shall adhere to the following schedule: with the
exception of the last month of the Contract term, the Contractor shall submit programmatic and financial
reports to Area Agency as specified in the Scope of Work and Service Specifications no later than the tenth
(10th) day following the end of each month during the Contract term. Failure to submit accurate and complete
reports by the tenth (10th) day following the end of each month may result, at the option of Area Agency, in
retention of payment. Failure to provide such report within forty-five (45) days following the end of a
month may result, at the option of Area Agency, in a forfeiture of such payment. Reference Exhibit E.
44.2
Following the end of each contract term, the Contractor shall submit programmatic and financial reports to
Area Agency in the form set forth in the contract no later than the Area Agency appointed day following the
end of each Contract term. The final fiscal report for the Contract term shall include all adjustment to
prior financial reports submitted for the Contract term.
44.3
No later than the forty-fifth (45th) day following the termination or the expiration of this Contract, Contractor
shall submit to Area Agency a final program and fiscal reports. Failure to submit the final program and
fiscal reports within the above time period may result, at the option of Area Agency, in forfeiture of final
payment.
44.4
All reports shall reference the contract number and be submitted to the person designated by Area
Agency.
44.5
Providers must report all unusual incidents in writing to Area Agency Contracts Department within two (2)
business days. An unusual incident is defined as any potentially liable circumstance that occurs in the
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Area Agency on Aging, Region One Contract FY 2026
provider’s facility or occurs while conducting services.
If the incident involves calling 9-1-1, the incident must be reported by telephone and email within
24 hours to Area Agency Contracts Staff.
An unusual incident would include but not limited to medical situations, accidents, fights or other
major conflicts, any reasonable suspicion of any form of abuse or neglect, and criminal actions.
Case managers must be informed of all incident reports.
Exhibit F
45.0
RESPONSIBILITY FOR PAYMENTS INDEMNIFICATION
The Contractor shall be responsible for issuing payment for services performed by the Contractor’s employees,
subcontractors, suppliers, or any other third party incurred in the furtherance of the performance of the Contract
and will indemnify and save Area Agency harmless for all claims arising out of the lawful demands of such
parties for the provision of services. The Contractor shall, at Area Agency’s request, furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived.
46.0
SUBCONTRACTS
In addition to Section 5.2 of the Uniform Terms and Conditions, the following shall apply:
46.1
The Contractor shall be responsible for any goods and/or services to be provided by the subcontractor and
ensure performance, is in accordance with the requirements of the Contract.
46.2
Prior to adding a subcontractor to the Contract, the Contractor shall submit a formal, written request to the
Area Agency President/CEO. The request shall:
46.2.1
Be on the Contractors company letterhead;
46.2.2
Be signed by an authorized representative of the Contractor; and
46.2.3
Contain the following information:
1. The subcontractor’s name, address, phone number, e-mail and primary point of contact;
2. The certifications required of the subcontractor (if any);
3. The subcontractor’s small business status (if applicable);
4. The type of goods and/or services to be provided by the subcontractor;
5. The amount of time or effort (as a percent of total contract performance) that the subcontractor
will perform in relation to total performance of the contract’s requirements; and
6. A description of the quality assurance measures that the Contractor shall use to monitor the
subcontractor’s performance.
46.2.4
Area Agency reserves the right to request additional information deemed necessary about any proposed
subcontractor. Area Agency reserves the right to approve or disapprove the proposed subcontractor if in the
best interest of the Area Agency.
46.3
The Contractor shall provide copies of each contract with a subcontractor relating to the provision of
contract services to Area Agency within five (5) calendar days of the request.
47.0
SUBSTANTIAL INTEREST DISCLOSURE
47.1
Contractor shall not make any payments, either directly or indirectly, to any person, partnership, corporation,
trust, or any other organization which has a substantial interest in Contractor's organization or with which
Contractor (or one of its directors, officers, owners, trust certificate holders or a relative thereof) has a
substantial interest, unless Contractor has made a full written disclosure of the proposed payments,
including amounts, to Area Agency.
47.2
Leases or rental agreements or purchase of real property which are covered by Section 47.1 shall be in
writing and accompanied by an independent commercial appraisal of fair market rental, lease, or purchase
value, as appropriate.
47.3
For the purpose of this Section, "relative" shall have the same meaning as in A.R.S. § 38-502 as may be
amended.
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Area Agency on Aging, Region One Contract FY 2026
48.0
SUPPORTING DOCUMENTS AND INFORMATION
In addition to any documents, reports or information required by any other section of this Contract,
Contractor shall furnish Area Agency with any further documents and information deemed necessary by Area
Agency. Upon receipt of a request for information from Area Agency, the Contractor shall provide complete and
accurate information no later than fifteen (15) days after the receipt of the request.
49.0
SUSPENSION OR DEBARMENT
In addition to the Uniform Terms and Conditions, Section 9.3, the Contractor shall submit the Certification
Regarding Debarment, Suspension and Voluntary Exclusion Lower Tier Covered Transactions form.
50.0
TECHNICAL ASSISTANCE
Area Agency may, but shall not be obligated to, provide technical assistance to the Contractor in the
administration of contract services, or relating to the terms and conditions, policies and procedures
governing this Contract. Notwithstanding the foregoing, the Contractor shall not be relieved of full responsibility
and accountability for the provision of contract services in accordance with the terms and conditions set forth
herein.
51.0
TERMINATION FOR ANY REASON
51.1
In the event the Contract is terminated, with or without cause, or expires, the Contractor, whenever
determined appropriate by Area Agency, shall assist Area Agency in the transition of services or
eligible persons to other Contractors. Such assistance and coordination shall include, but not be limited to,
the forwarding of program and other records as may be necessary to assure the smoothest possible
transition and continuity of services. The cost of reproducing and forwarding such records and other
materials shall be borne by the Contractor. The Contractor must make provisions for continuing all
management/administrative services until the transition of services or eligible persons is complete and all
other requirements of this Contract are satisfied.
51.2
In the event of termination or suspension of the Contract by Area Agency, such termination or suspension
shall not affect the obligation of the Contractor to indemnify Area Agency, the Department and the State for
any claim by any other party against Area Agency, the State or Department arising from the Contractor's
performance of this Contract and for which the Contractor would otherwise be liable under this
Contract. To the extent such indemnification is excluded by A.R.S. § 41-621 et seq.as may be amended or
an obligation is unauthorized under A.R.S. § 35-154 as may be amended the provisions of this paragraph
shall not apply.
51.3
In the event of early termination for any reason, any funds advanced to the Contractor shall be returned to
Area Agency within ten (10) days after the date of termination or upon receipt of notice of termination of
the Contract, whichever is earlier.
52.0
TERMINATION FOR DEFAULT
In addition to the Uniform Terms and Conditions, Section 9.5, Area Agency may immediately terminate this
Contract if Area Agency determines that the health or welfare or safety of service recipients is endangered.
53.0
TRANSFER OF KNOWLEDGE
The Contractor shall, whenever feasible, share strategies and techniques with Area Agency staff to transfer
the skills and knowledge acquired in the delivery of the contracted service.
54.0
TRANSITION OF ACTIVITIES
In the event that a contract is awarded to a new contractor for services similar to those being performed by
Contractor under this Contract, there shall be a transition of services period. During this period, the Contractor
under this Contract shall work closely with the new contractor’s personnel and/or Area Agency staff to ensure a
smooth and complete transfer of duties and responsibilities. Area Agency’s authorized representative will
coordinate all transition activities. A transition plan will be developed in conjunction with the existing Contractor
to assist the new contractor and/or Area Agency staff to implement the transfer of duties. Area Agency reserves
the right to determine which projects/service delivery nearing completion will remain with the current Contractor
of record.
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Area Agency on Aging, Region One Contract FY 2026
55.0
UNALLOWABLE COSTS
The cost principles set forth in the Code of Federal Regulations, 2 C.F.R. § 200, (Issued December 26, 2013),
including later amendments and editions, shall be used to determine the allowability of incurred costs for the
purpose of reimbursing costs under contract provisions that provide for the reimbursement of costs. Costs that
are specifically defined as unallowable therein will not be submitted for reimbursement by the Contractor and
may not be reimbursed with Department funds.
56.0
VISITATION, INSPECTION AND COPYING
Contractor's and/or subcontractor's facilities, services and individuals served, books and records pertaining to
the Contract shall be available for visitation, inspection, monitoring, and copying by Area Agency and any other
appropriate agent of funding source or the State or Federal Government. At the discretion of Area Agency,
visitation, inspection and copying may be at any time during regular business hours, announced or
unannounced. If Area Agency deems it to be an emergency situation, it may at any time visit and inspect the
Contractor's or subcontractor's facilities, services and individuals served, as well as inspect and copy their
contract-related books and records.
57.0
WARRANTY OF SERVICES
The Contractor warrants that all services provided under this Contract shall conform to the requirements stated
herein and any amendments hereto. Area Agency’s acceptance of services provided by the Contractor shall not
relieve the Contractor from its obligations under this warranty. In addition to its other remedies, Area Agency may,
at the Contractor’s expense, require prompt correction of any services failing to meet the Contractor’s warranty
herein. Services corrected by the Contractor shall be subject to all of the provisions of this Contract in the manner
and to the same extent as the services originally furnished.
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Area Agency on Aging, Region One Contract FY 2026
Uniform Terms and Conditions
1.0
DEFINITION OF TERMS
As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:
1.1
“Attachment” means any item the Solicitation requires the Offeror to submit as part of the Offer.
1.2
“Contract” means the combination of the S o l i c i t a t i o n , Request for Proposals, including the Uniform
and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the
Specifications and Statement or Scope of Work, Service Specifications; the Offer and any Best and
Final Offers; and any Solicitation Amendments or Contract Amendments; and any terms implied by
law.
1.3
"Contract Amendment" means a written document signed by the Area Agency President/Chief Executive
Officer (CEO) that is issued for the purpose of making changes in the Contract.
1.4
“Contractor” means any person, agency, entity that has a Contract with Area Agency. Contractor shall also
be referred to as a provider.
1.5
“Days” means calendar days unless otherwise specified.
1.6
“Exhibit” means any item labeled as an Exhibit in the Solicitation and Contract or placed in the Exhibits
section of the Solicitation and Contract.
1.7
“Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more
than nominal value, present or promised, unless consideration of substantially equal or greater value is
received.
1.8
“Materials” means all property, including equipment, supplies, printing, insurance and leases of property
but does not include land, a permanent interest in land or real property or leasing space.
1.9
“Procurement Officer” means the Area Agency President/CEO or his or her designee, duly authorized by
Area Agency to enter into and administer Contracts and make written determinations with respect to the
Contract.
1.10
“Services” means the furnishing of labor, time or effort by a contractor or subcontractor which does not
involve the delivery of a specific end product other than required reports and performance, but does not
include employment agreements or collective bargaining agreements.
1.11
“Subcontract” means any Contract, express or implied, between the Contractor and another party or
between a subcontractor and another party delegating or assigning, in whole or in part, the making or
furnishing of any material or any service required for the performance of the Contract.
1.12
“State” means the State of Arizona and Department or Agency of the State that executes the Contract.
1.13
“State Fiscal Year” means the period beginning with July 1 and ending June 30.
2.0
CONTRACT INTERPRETATION
2.1
Arizona Law.
The Arizona law applies to this Contract including, where applicable, the Uniform
Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code, Arizona Revised
Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.)
Title 2, Chapter 7.
2.2
Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are
a part of this Contract as if fully stated in it.
2.3
Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by
Area Agency and as they may be amended, the following shall prevail in the order set forth below:
2.3.1
Amendments to the Contract;
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Area Agency on Aging, Region One Contract FY 2026
2.3.2
The Contract;
2.3.3
ADES Special Terms and Conditions;
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Area Agency on Aging, Region One Contract FY 2026
2.3.4
Uniform Terms and Conditions;
2.3.5
Provider Specific Terms for Programs with ALTCS Funded Services
2.3.6
Scope of Work;
2.3.7
Service Specifications;
2.3.8
Area Agency manuals, policies and directives;
2.3.9
Attachments that are not included in the Special Terms and Conditions or Uniform Terms and Conditions
2.3.10
Exhibits;
2.3.11
Documents referenced or included in the Solicitation.
2.4
Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party
to this Contract shall be deemed to be the employee or agent of the other party to the Contract.
2.5
Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid
shall not affect any other term or condition of the Contract.
2.6
No Parole Evidence. This Contract is intended by the parties as a final and complete expression of their
agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or
explain any terms used in this document and no other understanding either oral or in writing shall be binding.
2.7
No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract
shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the
nonconforming performance knows of the nature of the performance and fails to object to it.
3.0
CONTRACT ADMINISTRATION AND OPERATION
3.1
Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require
each subcontractor to retain all data and other “records” relating to the acquisition and performance of the
Contract for a period of five ( 5 ) years after the completion of the Contract. All records shall be subject
to inspection and audit by Area Agency at reasonable times. Upon request, the Contractor shall produce a
legible copy of any or all such records.
3.2
Non-Discrimination. The Contractor shall comply with State Executive Order No. 2009-09 and all other
applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.
3.3
Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and five (5) years thereafter,
the Contractor’s or any subcontractor’s books and records shall be subject to audit by Area Agency and,
where applicable, the Federal Government, to the extent that the books and records relate to the
performance of the Contract or Subcontract.
3.4
Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its facilities,
subcontractor facilities and the Contractor’s processes or services, at reasonable times for inspection of
the facilities or materials covered under this Contract. Area Agency shall also have the right to test, at its
own cost, the materials to be supplied under this Contract. Neither inspection of the Contractor’s facilities
nor materials testing shall constitute final acceptance of the materials or services. If Area Agency
determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs
incurred by Area Agency for testing and inspection.
3.5
Notices. Notices to the Contractor required by this Contract shall be made by Area Agency to the person
indicated on the Contract Signature Page and/or Facility Location page submitted by the Contractor unless
otherwise stated in the Contract. Notices to Area Agency required by the Contract shall be made by the
Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise
stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative
may change their respective person to whom notice shall be given by written notice to the other and an
amendment to the Contract shall not be necessary.
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Area Agency on Aging, Region One Contract FY 2026
3.6
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
Area Agency President/CEO or designee.
3.7
Property of the Area Agency. Any materials, including reports, computer programs and other
deliverables, created under this Contract are the sole property of Area Agency. The Contractor is not
entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone
else. The Contractor shall not use or release these materials without the prior written consent of Area
Agency.
3.8
Ownership of Intellectual Property. Any and all intellectual property, including but not limited to copyright,
invention, trademark, trade name, service mark, and/or trade secrets created or conceived pursuant to or
as a result of this contract and any related subcontract (“Intellectual Property”), shall be work made for hire
and Area Agency shall be considered the creator of such Intellectual Property. The A r e a A g e n c y
i n requesting the issuance of this contract shall own (for and on behalf of the Area Agency) the entire right,
title and interest to the Intellectual Property throughout the world. Contractor shall notify Area Agency,
within thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s). Contractor, on
behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure
ownership of the Intellectual Property vests in the Area Agency and shall take no affirmative actions that
might have the effect of vesting all or part of the Intellectual Property in any entity other than the Area
Agency. The Intellectual Property shall not be disclosed by contractor or its subcontractor(s) to any entity not
the Area Agency without the express written authorization of the Area Agency President/CEO or designee
requesting the issuance of this contract.
3.9
Federal Immigration and Nationality Act. The contractor shall comply with all federal, state and local
immigration laws and regulations relating to the immigration status of their employees during the term of
the contract. Further, the contractor shall flow down this requirement to all subcontractors utilized during
the term of the contract. The Area Agency shall retain the right to perform random audits of
contractor and subcontractor records or to inspect papers of any employee thereof to ensure compliance.
Should Area Agency determine that the contractor and/or any subcontractors be found noncompliant, Area
Agency may pursue 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.
3.10
E-Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all
Federal immigration laws and regulations relating to employees and warrants its compliance with Section
A.R.S. § 23-214, Subsection A. “After December 31, 2007, every employer, after hiring an employee, shall
verify the employment eligibility of the employee through the E-Verify program and shall keep a record of
the verification for the duration of the employee’s employment or at least three (3) years whichever is
longer.”
3.11
Offshore Performance of Work Prohibited.
Any services that are described in the specifications or
scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive
data or personal client data shall be performed within the defined territories of the United States. Unless
specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead'
services, redundant back-up services or services that are incidental to the performance of the contract. This
provision applies to work performed by subcontractors at all tiers.
4.0
COSTS AND PAYMENTS
4.1
Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon
receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice
for payment from the Area Agency.
4.2
Delivery. Unless stated otherwise in the Contract, all prices shall be F.O.B. Destination and shall include
all freight delivery and unloading at the destination.
4.3
Applicable Taxes.
4.3.1
Payment of Taxes. The Contractor shall be responsible for paying all applicable taxes.
4.3.2
State and Local Transaction Privilege Taxes. The State of Arizona and Area Agency is subject to all
applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sale and are
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Area Agency on Aging, Region One Contract FY 2026
the responsibility of the seller to remit. Failure to collect such taxes from the buyer does not relieve the seller
from its obligation to remit taxes.
4.3.3
Tax Indemnification.
Contractor and all subcontractors shall pay all Federal, state and local taxes
applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all
subcontractors to hold the State, Area Agency, and it’s funders harmless from any responsibility for
taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local
laws and regulations and any other costs including transaction privilege taxes, unemployment
compensation insurance, Social Security and Worker’s Compensation.
4.3.4
IRS W9 Form. In order to receive payment the Contractor shall have a current I.R.S. W9 Form on file with
Area Agency, unless not required by law.
4.4
Availability of Funds for the Next State fiscal year.
Funds may not presently be available for
performance under this Contract beyond the current state fiscal year. No legal liability on the part of the
State or Area Agency for any payment may arise under this Contract beyond the current state fiscal year
until funds are made available for performance of this Contract.
4.5
Availability of Funds for the current State fiscal year. Should the State Legislature enter back into
session and reduce the appropriations or for any reason and these goods or services are not funded, the
State and/or Area Agency may take any of the following actions:
4.5.1
Accept a decrease in price offered by the contractor;
4.5.2
Cancel the Contract; or
4.5.3
Cancel the contract and re-solicit the requirements.
5.0
CONTRACT CHANGES
5.1
Amendments. This Contract is issued under the authority of the Area Agency President/CEO who
signed this Contract. The Contract may be modified only through a Contract Amendment within the
scope of the Contract. Changes to the Contract, including the addition of work or materials, the revision
of payment terms, or the substitution of work or materials, directed by a person who is not specifically
authorized by the Area Agency President/CEO in writing or made unilaterally by the Contractor are
violations of the Contract and of applicable law. Such changes, including unauthorized written Contract
Amendments shall be void and without effect, and the Contractor shall not be entitled to any claim under
this Contract based on those changes.
5.2
Subcontracts. The Contractor shall not enter into any Subcontract under this Contract for the performance
of this contract without the advance written approval of the Area Agency President/CEO. The
Contractor shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities.
The Subcontract shall incorporate by reference the terms and conditions of this Contract.
5.3
Assignment and Delegation. The Contractor shall not assign any right nor delegate any duty under this
Contract without the prior written approval of the Area Agency President/CEO. Area Agency shall not
unreasonably withhold approval.
6.0
RISK AND LIABILITY
6.1
Risk of Loss: The Contractor shall bear all loss of conforming material covered under this Contract until
received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt
does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with the
Contractor regardless of receipt.
6.2
Indemnification.
6.2.1
Contractor/Vendor Indemnification (Not Public Agency). The parties to this contract agree that the Area
Agency and the State of Arizona, its departments, agencies, boards and commissions shall be indemnified
and held harmless by the contractor for the vicarious liability of the Area Agency and the State as a result of
entering into this contract. However, the parties further agree that the Area Agency and the State of
Arizona, its departments, agencies, boards and commissions shall be responsible for its own negligence.
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Area Agency on Aging, Region One Contract FY 2026
Each party to this contract is responsible for its own negligence.
6.2.2
Public Agency Language Only. Each party (as 'indemnitor') agrees to indemnify, defend, and hold
harmless the other party (as 'indemnitee') from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out
of bodily injury of any person (including death) or property damage but only to the extent that such claims
which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence,
misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers."
6.2.3
Indemnification for Subcontractor.
In addition, the Contractor shall cause its contractor(s) and
subcontractor(s), if any, to indemnify, defend, save and hold harmless the Area Agency and State of
Arizona, any jurisdiction or agency issuing any permits for any work arising out of this agreement, and their
respective directors, 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 or tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of
the Contractor or any of the directors, officers, agents, or employees or subcontractors of such Contractor.
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 such Contractor to the extent permitted by law, from and against any and all
claims. It is agreed that such Contractor will be responsible for primary loss investigation, defense and
judgement costs where this indemnification is applicable.
6.3
Indemnification - Patent and Copyright. The Contractor shall indemnify and hold harmless the Area
Agency and the State against any liability, including costs and expenses, for infringement of any patent,
trademark or copyright arising out of Contract performance or use by the State of materials furnished or
work performed under this Contract. The State shall reasonably notify the Contractor of any claim for which
it may be liable under this paragraph. If the contractor is insured pursuant to A.R.S. § 41-621 and § 35-
154, this section shall not apply.
6.4
Force Majeure.
6.4.1
Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this
Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force
majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected
and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of
God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood;
lockouts; injunctions-intervention-acts; or failures or refusals to act by government authority; and other
similar occurrences beyond the control of the party declaring force majeure which such party is unable to
prevent by exercising reasonable diligence.
6.4.2
Force Majeure shall not include the following occurrences:
1.
Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or
elsewhere, or an oversold condition of the market;
2.
Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in
accordance with this force majeure term and condition; or
3.
Inability of either the Contractor or any subcontractor to acquire or maintain any required insurance,
bonds, licenses or permits.
6.4.3
If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall
notify the other party in writing of such delay, as soon as is practicable and no later than the following
working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such
notice shall be delivered or mailed certified-return receipt and shall make a specific reference to this article,
thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable
and shall notify the other party in writing when it has done so. The time of completion shall be extended by
Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the
delayed party from performing in accordance with this Contract.
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Area Agency on Aging, Region One Contract FY 2026
6.4.4
Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise
to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is
caused by force majeure.
6.5
Third Party Antitrust Violations. The Contractor assigns to Area Agency any claim for overcharges
resulting from antitrust violations to the extent that those violations concern materials or services supplied
by third parties to the Contractor, toward fulfillment of this Contract.
7.0
WARRANTIES
7.1
Liens. The Contractor warrants that the materials supplied under this Contract are free of liens and shall
remain free of liens.
7.2
Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that,
for one year after acceptance by the Area Agency of the materials, they shall be:
7.2.1
Of a quality to pass without objection in the trade under the Contract description;
7.2.2
Fit for the intended purposes for which the materials are used;
7.2.3
Within the variations permitted by the Contract and are of even kind, quantity, and quality within each unit
and among all units;
7.2.4
Adequately contained, packaged and marked as the Contract may require; and
7.2.5
Conform to the written promises or affirmations of fact made by the Contractor.
7.3
Fitness.
The Contractor warrants that any material supplied to Area Agency shall fully conform to
all requirements of the Contract and all representations of the Contractor, and shall be fit for all purposes
and uses required by the Contract.
7.4
Inspection/Testing. The warranties set forth in subparagraphs 7.1 through 7.3 of this paragraph are not
affected by inspection or testing of or payment for the materials by Area Agency.
7.5
Compliance With Applicable Laws. The materials and services supplied under this Contract shall comply
with all applicable Federal, state and local laws, and the Contractor shall maintain all applicable license and
permit requirements.
7.6
Survival of Rights and Obligations after Contract Expiration or Termination.
7.6.1
Contractor's Representations and Warranties. All representations and warranties made by the Contractor
under this Contract shall survive the expiration or termination hereof. In addition, the parties hereto
acknowledge that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, the Area Agency or
State is not subject to or barred by any limitations of actions prescribed in A.R.S., Title 12, Chapter 5.
7.6.2
Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully
perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the
expiration or termination hereof, unless otherwise directed in writing by the Area Agency President/CEO,
including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the
expiration or termination of this Contract.
8.0
CONTRACTUAL REMEDIES
8.1
Right to Assurance. If Area Agency 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 Area Agency
President/CEO 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
may, at the Area Agency’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.
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Area Agency on Aging, Region One Contract FY 2026
8.2
Stop Work Order.
8.2.1
The Area Agency may, at any time, by written order to the Contractor, require the Contractor to stop all or any
part, of the work called for by this Contract for period(s) of days indicated by Area Agency after the order is
delivered to the Contractor. The order shall be specifically identified as a stop work order issued under this
clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the
period of work stoppage.
8.2.2
If a stop work order issued under this clause is canceled or the period of the order or any extension expires,
the Contractor shall resume work. The Area Agency President/CEO shall make an equitable adjustment
in the delivery schedule or Contract price, or both, and the Contract shall be amended in writing
accordingly.
8.3
Non-exclusive Remedies. The rights and the remedies of the Area Agency under this Contract are not
exclusive.
8.4
Nonconforming Tender. Materials or services supplied under this Contract shall fully comply with the
Contract. The delivery of materials or services or a portion of the materials or services that do not fully
comply constitutes a breach of contract. On delivery of nonconforming materials or services, the Area
Agency may terminate the Contract for default under applicable termination clauses in the Contract,
exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any other right or
remedy available to it.
8.5
Right of Offset. Area Agency shall be entitled to offset against any sums due the Contractor, any
expenses or costs incurred by Area Agency, or damages assessed by Area Agency concerning the
Contractor’s non-conforming performance or failure to perform the Contract, including expenses,
costs and damages described in the Uniform Terms and Conditions.
9.0
CONTRACT TERMINATION
9.1
Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, Area Agency may cancel this Contract
within three (3) years after Contract execution without penalty or further obligation if any person significantly
involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the Area
Agency is or becomes at any time while the Contract or an extension of the Contract is in effect an
employee of or a consultant to any other party to this Contract with respect to the subject matter of the
Contract. The cancellation shall be effective when the Contractor receives written notice of the
cancellation unless the notice specifies a later time. If the Contractor is a political subdivision of the State,
it may also cancel this Contract as provided in A.R.S. § 38-511.
9.2
Gratuities. Area Agency may, by written notice, terminate this Contract, in whole or in part, if Area
Agency determines that employment or a Gratuity was offered or made by the Contractor or a
representative of the Contractor to any officer or employee of Area Agency for the purpose of
influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or
favorable treatment concerning the Contract, including the making of any determination or decision about
contract performance. Area Agency, in addition to any other rights or remedies, shall be entitled to recover
exemplary damages in the amount of three times the value of the Gratuity offered by the Contractor.
9.3
Suspension or Debarment. Area Agency may, by written notice to the Contractor, immediately terminate
this Contract if Area Agency determines that the Contractor has been debarred, suspended or
otherwise lawfully prohibited from participating in any public procurement activity, including but not limited
to, being disapproved as a subcontractor of any public procurement unit or other governmental body.
Submittal of an offer or execution of a contract shall attest that the contractor is not currently suspended or
debarred. If the contractor becomes suspended or debarred, the contractor shall immediately notify Area
Agency.
9.4
Termination for Convenience. Area Agency reserves the right to terminate the Contract, in whole or in
part at any time when in the best interest of Area Agency, without penalty or recourse. Upon receipt of the
written notice, the Contractor shall stop all work, as directed in the notice, notify all subcontractors of the
effective date of the termination and minimize all further costs to Area Agency. In the event of termination
under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall
become the property of and be delivered to Area Agency upon demand. The Contractor shall be entitled to
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Area Agency on Aging, Region One Contract FY 2026
receive just and equitable compensation for work in progress, work completed and materials accepted
before the effective date of the termination. .
9.5
Termination for Default.
9.5.1
In addition to the rights reserved in the contract, Area Agency may terminate the Contract in whole or in part
due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and
maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in
performing the Contract. The Area Agency President/CEO shall provide written notice of the termination
and the reasons for it to the Contractor.
9.5.2
Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the
Contractor under the Contract shall become the property of and be delivered to Area Agency on demand.
9.5.3
The Area Agency may, upon termination of this Contract, procure, on terms and in the manner that it
deems appropriate, materials or services to replace those under this Contract. The Contractor shall be
liable to Area Agency for any excess costs incurred by the Area Agency in procuring materials or services
in substitution for those due from the Contractor.
9.6
Continuation of Performance Through Termination. The Contractor shall continue to perform, in
accordance with the requirements of the Contract, up to the date of termination, as directed in the
termination notice.
10.0
CONTRACT CLAIMS
All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title 41,
Chapter 23, Article 9, and rules adopted thereunder.
11.0
ARBITRATION
The parties to this Contract agree to resolve all disputes arising out of or relating to this contract through
arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518,
except as may be required by other applicable statutes (Title 41).
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Area Agency on Aging, Region One Contract FY 2026
CONTRACTOR SPECIFIC TERMS
Subcontract Provisions for ALTCS Funded Service Programs
Based on the Area Agency’s contract with the ALTCS Agencies, the following provisions are additional requirements to all
subcontractors for adult day health care and home delivered meal services.
1. Definitions
a. ALTCS shall mean Arizona Long Term Care System
b. ALTCS Agency shall mean individually or collectively the following agencies: Banner University Family Plan,
UnitedHealthcare Community Plan, Mercy Care Plan, and any other agency(s) that may be initiated by ALTCS
during the duration of this contract.
c. AHCCCS shall mean Arizona Health Care Cost Containment System administration.
2. Adult Day Health Care Rates
The contracted unit rates for adult day health care shall be subject to the actions,
decisions, and policies of the ALTCS Agencies individually.
3. Assignment and Delegation of Rights and Responsibilities
No payment due the Contractor under this subcontract may
be assigned without the prior approval of Area Agency which may require further approval from an ALTCS Agency. No
assignment or delegation of the duties of this subcontract shall be valid unless prior written approval is received from
AHCCCS. (A.A.C. R2-7-305)
4. Awards of Other Subcontracts
AHCCCS and/or the ALTCS Agency may undertake or award other contracts for
additional or related work to the work performed by the Contractor and the Contractor shall fully cooperate with such other
contractors, subcontractors or state employees. The Contractor shall not commit or permit any act which will interfere with
the performance of work by any other contractor, subcontractor or state employee. (A.A.C. R2-7-308)
5. Certification of Compliance – Anti-Kickback and Laboratory Testing
By signing this subcontract, the Contractor certifies
that it has not engaged in any violation of the Medicare Anti-Kickback statute (42 USC §§1320a-7b) or the "Stark I" and
"Stark II" laws governing related-entity referrals (PL 101-239 and PL 101-432) and compensation there from. If the
Contractor provides laboratory testing, it certifies that it has complied with 42 CFR §411.361 and has sent to AHCCCS
simultaneous copies of the information required by that rule to be sent to the Centers for Medicare and Medicaid
Services. (42 USC §§1320a-7b; PL 101-239 and PL 101-432; 42 CFR §411.361)
6. Certification of Truthfulness of Representation
By signing this contract, the Contractor certifies that all representations
set forth herein are true to the best of its knowledge.
7. Clinical Laboratory Improvement Amendments of 1988
The Clinical Laboratory Improvement Amendment (CLIA) of
1988 requires laboratories and other facilities that test human specimens to obtain either a CLIA Waiver or CLIA Certificate
in order to obtain reimbursement from the Medicare and Medicaid (AHCCCS) programs. In addition, they must meet all the
requirements of 42 CFR 493, Subpart A. To comply with these requirements, AHCCCS requires all clinical laboratories to
provide verification of CLIA Licensure or Certificate of Waiver during the provider registration process. Failure to do so
shall result in either a termination of an active provider ID number or denial of initial registration. These requirements apply
to all clinical laboratories. Pass-through billing or other similar activities with the intent of avoiding the above requirements
are prohibited. The Contractor may not reimburse providers who do not comply with the above requirements. (CLIA of
1988; 42 CFR 493, Subpart A)
8. Compliance with AHCCCS Rules Relating to Audit and Inspection
The Contractor shall comply with all applicable
AHCCCS Rules and Audit Guide relating to the audit of the Contractor's records and the inspection of the Contractor's
facilities. If the Contractor is an inpatient facility, the Contractor shall file uniform reports and Title XVIII and Title XIX cost
reports with AHCCCS. A.R.S. §41-2548; 45 CFR 74.48(d)
9. Compliance with Laws and Other Requirements The Contractor shall comply with all federal, State and local laws, rules,
regulations, standards and executive orders governing performance of duties under this contract, without limitation to those
designated within this contract. [42 CFR 434.70] [42CFR 438.6(1)]
10. Confidentiality Requirement
The Contractor shall safeguard confidential information in accordance with federal and
State laws and regulations, including but not limited to, 42 CFR Part 431, Subpart F, A.R.S. §36-107, 36-2903, (for Acute),
36-2932 (for (ALTCS), 41-1959 and 46-135, THE Health Insurance Portability and Accountability Act (Public Law 107-191
Statutes 1936), 45 CFR Parts 160 and 164, and AHCCCS Rules.
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Area Agency on Aging, Region One Contract FY 2026
11. Conflict of Interpretation of Provisions
In the event of any conflict in interpretation between provisions of this contract and
the AHCCCS Minimum Subcontract Provisions, the latter shall take precedence.
12. Contract Claims and Disputes
Contract claims and disputes arising under A.R.S. Title 36, Chapter 29 shall be
adjudicated in accordance with AHCCCS Rules, A.R.S. §36-2901 et seq. (for Acute) and A.R.S. §36-2931 et seq. for
(ALTCS).
13. Encounter Data Requirement
If the Contractor does not bill the Area Agency (e.g., Contractor is capitated), the
Contractor shall submit encounter data to the Area Agency in a form, acceptable to AHCCCS.
14. Evaluation of Quality, Appropriateness, or Timeliness of Services AHCCCS or the U.S. Department of Health and Human
Services may evaluate, through inspection or other means, the quality, appropriateness or timeliness of services
performed under this subcontract.
15. Fraud and Abuse
If the Contractor discovers, or is made aware, that an incident of suspected fraud or abuse has
occurred (related to business operations, not related to client / participant fraud or abuse), the Contractor shall report the
incident to the Area Agency and to AHCCCS Office of Inspector General immediately within one business day and to the
ALTCS Agency. All other incidents of potential fraud should be reported to the Area Agency.
16. General Indemnification
To the extent permitted by law the parties to this contract agree that AHCCCS shall be
indemnified and held harmless by the Area Agency and Contractor for the vicarious liability of AHCCCS as a result of
entering into this contract. However, the parties further agree that AHCCCS shall be responsible for its own
negligence. Each party to this contract is responsible for its own negligence. Contractor shall provide training staff
regarding fraud, waste, and abuse of contracted services and funds.
17. Insurance
The Contractor shall maintain for the duration of this subcontract a policy or policies of professional liability
insurance, comprehensive general liability insurance and automobile liability insurance in amounts that meet ADES
Special Terms and Conditions section 26.0 Indemnification and Insurance. The Contractor agrees that any insurance
protection required by this contract, or otherwise obtained by the Contractor, shall not limit the responsibility of Contractor
to indemnify, keep and save harmless and defend the State and AHCCCS, their agents, officers and employees as
provided herein. Furthermore, the Contractor shall be fully responsible for all tax obligations, Worker's Compensation
Insurance, and all other applicable insurance coverage, for itself and its employees, and AHCCCS shall have no
responsibility or liability for any such taxes or insurance coverage. (45 CFR Part 74) The requirement for Worker’s
Compensation Insurance does not apply when a Contractor is exempt under A.R.S. §23-901, and when such Contractor
executes the appropriate waiver (Sole Proprietor/ Independent Contractor) form to Area Agency. [This provision applies
only if the Contractor provides services directly to AHCCCS members]
18. Limitations on Billing and Collection Practices
Except as provided in federal and state law and regulations, the
Contractor shall not bill, or attempt to collect payment from a person who was AHCCCS eligible at the time the covered
service(s) were rendered, or from the financially responsible relative or representative for covered services that were paid
or could have been paid by the System. This limitation does not prevent the Contractor from engaging in additional
services to the client that are specifically requested by the client or from the financially responsible relative or
representative for covered services. Contractor must first submit notification to the ALTCS Agency representative of the
eligible member and document such notification and the confirmation from the representative. For only these additional
services may the Contractor bill, collect, or attempt to collect payment from persons herein identified.
19. Maintenance of Requirements to do Business and Provide Services
The Subcontractor shall be registered with
AHCCCS through and in cooperation with the Area Agency and shall obtain and maintain all licenses, permits and
authority necessary to do business and render service under this subcontract and, where applicable, shall comply with all
laws regarding safety, unemployment insurance, disability insurance and worker's compensation.
20. Non-Discrimination
The Contractor shall comply with State Executive Order No. 99-4, which mandates that all persons,
regardless of race, color, religion, gender, national origin, or political affiliation, shall have equal access to employment
opportunities, and all other applicable Federal and state laws, rules and regulations, include the Americans with Disabilities
Act and Title VI. The Contractor shall take positive action to ensure that applicants for employment, employees, and
persons to whom it provides service are not discriminated against due to race, creed, color, religion, sex, national origin, or
disability. (Federal regulations, State Executive Order #99-4)
21. Prior Authorization and Utilization Management
The Area Agency and Contractor shall develop, maintain and use a
system for Prior Authorization and Utilization Review that is consistent with AHCCCS Rules and the ALTCS Agency's
policies.
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Area Agency on Aging, Region One Contract FY 2026
22. Records Retention
a. The Contractor shall maintain books and records relating to covered services and expenditures including reports to
AHCCCS and working papers used in the preparation of reports to AHCCCS. The Contractor shall comply with all
specifications for record keeping established by AHCCCS. All books and records shall be maintained to the extent
and in such detail as required by AHCCCS Rules and Policies. Records shall include but not be limited to financial
statements, records relating to the quality of care, medical records, prescription files, and other records specified by
AHCCCS.
b. The Contractor agrees to make available at its office at all reasonable times during the term of this contract and the
period set forth in the following paragraphs, any of its records for inspection, audit, or reproduction by any authorized
representative of AHCCCS, state, or federal government.
c. The Contractor shall preserve and make available all records for a period of five (5) years from the date of final
payment under this contract unless a longer period of time is required by law. For retention of patient medical
records, the Contractor shall ensure compliance with A.R.S. §12-2297 which provides, in part that a health care
provider shall retain patient medical records according to the following:
1. If the patient is an adult, the Contractor shall retain the patient medical records for at least six (6) years after
the last date the adult patient received medical or health care services from the Contractor.
2. If the patient is under eighteen (18) years of age, the provider shall retain the patient medical records either for
at least three years after the child’s eighteenth birthday or for at least six years after the last date the child
received medical or health care services from the Contractor, whichever date occurs later.
3. In addition, the Contractor shall comply with the record retention periods specified in the HIPAA laws and
regulations, including, but not limited to, 45 CFR 164.530(j)(2).
d. If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved
and made available for a period of five (5) years from the date of any such termination. Records which relate to
grievances, disputes, litigation or the settlement of claims arising out of the performance of this contract, or costs and
expenses of this contract to which exception has been taken by AHCCCS, shall be retained by the Contractor for a
period of five (5) years after the date of final disposition or resolution thereof unless a longer period of time is
required by law. (45 CFR 74.53; 42 CFR 431.17; ARS §41-2548)
23. Severability
If any provision of these standard contract terms and conditions is held invalid or unenforceable, the
remaining provisions shall continue valid and enforceable to the full extent permitted by law.
24. Standards of Conduct The Contractor will perform services for ALTCS members consistent with the proper and required
practice of medicine including requirements within this contract and must adhere to the customary rules of ethics and
conduct of its appropriate professional organization including, but not limited to, the American Medical Association and
other national and state boards and associations or health care professionals to which they are subject to licensing,
certification, and control.
25. Subjection of Subcontract
Contractor may not engage in a subcontract for Area Agency services without prior written
consent from the Area Agency. The terms of any subcontract shall be subject to the applicable material terms and
conditions of the contract existing between the Contractor and Area Agency and AHCCCS for the provision of covered
services.
26. Termination of Contract
Area Agency may, by written notice to the Contractor, terminate this contract if it is found, after
notice and hearing by the Area Agency and/or State, that gratuities in the form of entertainment, gifts, or otherwise were
offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the State
with a view towards securing a contract or securing favorable treatment with respect to the awarding, amending or the
making of any determinations with respect to the performance of the Contractor; provided, that the existence of the facts
upon which the Area Agency and/or State makes such findings shall be in issue and may be reviewed in any competent
court. If the contract is terminated under this section, unless the Contractor is a governmental agency, instrumentality or
subdivision thereof, Area Agency and/or AHCCCS shall be entitled to a penalty, in addition to any other damages to which
it may be entitled by law, and to exemplary damages in the amount of three times the cost incurred by the Contractor in
providing any such gratuities to any such officer or employee. [AAC R2-5-501; ARS §41-2616 C.; 42 CFR 434.6,a.(6)]
27. Voidability of Contract
This contract is voidable and subject to immediate termination by Area Agency upon the
Contractor becoming insolvent or filing proceedings in bankruptcy or reorganization under the United States Code, or upon
assignment or delegation of the contract without Area Agency’s prior written approval.
28. Warranty of Services
The Contractor, by execution of this contract, warrants that it has the ability, authority, skill,
expertise and capacity to perform the services specified in this contract.
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Area Agency on Aging, Region One Contract FY 2026
Scope of Work
Arizona Department of Economic Security (DES) – Area Agencies on Aging
16.0
CONGREGATE MEALS
16.1
Purpose Statement
16.1.1
The service helps to increase the nutrient intake of participants to prevent or reduce the risk of chronic
diseases, preserve and promote health, and improve nutritional status.
16.2
Service Description
16.2.1
Taxonomy Definition - A service that provides for a nutritious meal containing at least one-third (1/3) of the
Recommended Dietary Allowance for an individual in a congregate setting.
16.2.2
Service Description: Congregate nutrition services:
1.
Provide for meal planning, preparation and service.
2.
Provide staff training, nutrition education and social interaction.
3.
Link individuals with community-based services and provide resources for physical and health
interventions, where available.
16.2.3
The Older Americans Act as amended in 2006 adopted one-third (1/3) of Dietary Reference Intakes as the
meal standard.
16.2.4
Eligibility Requirements – The Contractor shall provide services to individuals that meet the eligibility
requirements described in Chapter 3000, of the Division of Aging and Adult Services (DAAS) Policy and
Procedure Manual, as may be amended.
16.3
Service Requirements – The Contractor shall provide:
16.3.1
Menu Planning
1.
Develop cycle menus to be used on a semi-annual basis (every six (6) months). A cycle menu is
a six or more week menu that will be rotated throughout the period.
2.
Keep menus for audit inspection for at least one (1) year after the meals have been served. Menus
shall also be kept for at least one (1) year at the meal preparation site and the location where the
meal was served.
3.
Utilize a mechanism to solicit the advice and expertise of:
a)
A dietitian or other individual meeting the requirements in Section 17.4;
b)
Meal participants; and
c)
Other individuals knowledgeable of the needs of older individuals as stated in DAAS
Policy and Procedure Manual, Chapter 3000.
4.
Compose menus in English as well as the dominant language or languages of the participant group
for each site.
5.
Incorporate ethnic and cultural preferences of participants when planning menus.
a)
Plan menus that reduce the frequent use of foods high in sugar, salt, and saturated fats.
b)
Plan menus considering the availability of foods during seasons when they are most
plentiful.
c)
Plan, prepare, provide and serve meals in accordance with the ADES, DAAS “Nutrition,
Food Service, and Wellness Manual as amended.
d)
Require that each meal contains at least one-third (1/3) of the current Dietary Reference
Intakes for nutrients as may be amended, as established by the Food and Nutrition Board
of the National Academy of Science – National Research Council.
i.
Each meal must contain a specified number of calories as defined in DAAS policies
and procedures.
ii.
Plan the menu with a majority (≥ 80%) as hot meals.
iii. Cold meals may be planned, such as once a week during the summer, to add variety
to the menu such as chef salad, sub sandwich or deli plate.
6.
Submit menus per the DAAS Policy and Procedures Manual, as may be amended on an ADES or
contractor’s standardized menu form and secure the approval of a Registered Dietitian (R.D.),
Nutritionist, Dietetic Technician Registered (DTR), or Certified Dietary Manager (CDM) prior to
using the menu.
a)
The R.D., Nutritionist, DTR, or CDM shall verify menu by computerized nutritional
analysis of at least one (1) meal per week of the menu cycle and adherence to menu
requirements in the ADES, DAAS “Nutrition, Food Service, and Wellness Manual” and
as may be amended.
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Area Agency on Aging, Region One Contract FY 2026
16.3.2
Meal Preparation and Service
1.
Prepare and serve congregate meals in compliance with all municipal, county, state, tribal, and
federal requirements related to the food service operation.
2.
Prepare or arrange for preparation and service of meals and adhere to approved menus as written.
b)
Substitutions shall be made when ingredient is unavailable. Shall be selected from the
same food group, for example, one-half (1/2) cup carrots for one-half (1/2) cup green
beans.
c)
Substitution menus for holidays and special occasions must meet menu requirements as
listed in 17.3.1.
d)
All substitutions shall be documented on the approved menu for site review.
3.
Purchase and receive food contributions only from an approved source, such as grocery stores
and food vendors. The following shall not be used: cans which are bulging, dented, leaking, rusty,
or which spurt liquid when opened; food with an off-odor; food which shows signs of mold; food
prepared or canned in the home.
4.
Prepare and serve meals for persons needing diabetic or sodium-restricted diets, etc. (when
appropriate and feasible) with written approval from the individual’s physician, e.g., diet order. All
special diet menus shall be approved by a Registered Dietitian or Nutritionist.
5.
Maintain a distinct and physical separation between dining areas and food preparation areas.
6.
Use facilities and equipment that are suitable and accessible for individuals who are functionally
limited when providing congregate meals.
7.
Allow adequate aisle space between tables for the use of wheelchairs, or to allow persons with
canes or other support devices to walk with ease and safety.
8.
Post menus at the site at least one (1) week in advance of the start of the menu. Site location shall
be clearly accessible and visible to individuals attending the congregate meals site.
9.
Obtain the individual’s signature and date for each meal served and maintain the signatures in a
central file, or contractor staff shall certify the individuals and dates for which each meal was served
and maintain the certification in a central file.
10.
Document the number of meals provided each month at each location.
11.
Review food service expenditures annually in order to further cost-effective management of
expenses.
12.
Develop and implement an emergency meal plan to be used when a meal cannot be prepared or
becomes unsuitable for consumption. This includes a one-day emergency menu with existing
supplies for implementation.
13.
Provide the opportunity for participants to contribute towards the cost of the meal in accordance
with the DAAS Policy and Procedure Manual Chapter 3000, Section 3200, as may be amended.
16.3.3
Staff Training
1.
Provide on-going food safety and sanitation training for all food service personnel according to the
local county health department in which the site is located to include at a minimum, but not limited
to: personal hygiene, proper attire for food service workers, cleaning and sanitizing, correct use of
gloves, proper hot and cold food temperatures, proper use of a thermometer, food delivery
procedures and correct disposal and/or storage of left-overs. All new food service personnel shall
initially receive this training within the first month of employment.
2.
Require that all food handlers pass a course provided by a certified trainer in food safety and
sanitation within one (1) month of employment. The site manager or the appropriate management
staff shall have additional training such as ServSafe or another course approved by their County
Health Department.
3.
Document staff certification and training in personnel files.
16.3.4
Nutrition Education
1.
Plan, develop, and implement a written nutrition education program that includes at least two (2)
sessions/activities each quarter.
2.
Nutrition education includes written materials, demonstrations, audio-visual presentations, lectures,
and small group discussions.
3.
Nutrition education pertains to nutritionally related topics that are culturally sensitive such as:
dietary guidelines for older adults, modified meals and chronic disease, food and drug interaction,
physical fitness health information as it relates to nutrition, meal planning and preparation,
budgeting, shopping, and sanitation.
4.
Nutrition information is backed by credible research. Only materials from reputable sources shall
40
Area Agency on Aging, Region One Contract FY 2026
be used such as The Academy of Nutrition Dietetics, United States Department of Agriculture,
United States Food and Drug Administration, National Institutes of Health, Centers for Disease
Control, Administration on Aging, and the National Institute on Aging.
5.
Publicly Post and advertise nutrition education sessions/activities in advance.
6.
Require that each center/site develops and submits to the Contractor an outline of the proposed
nutrition education program annually. Outlines are to be maintained and monitored for compliance.
7.
Document the date, topic, name of presenter and the number of people who attended the nutrition
education. Documentation to be retained for at least one (1) year at the center/site for annual audit
purposes.
8.
Require that every participant is given the Nutrition Screening Checklist initially, and annually
thereafter.
a)
Those at high nutritional risk with a score of six (6) or higher are referred to a healthcare
professional for nutrition-related counseling.
16.3.5
Social Interaction
1.
Provide activities that encourage social interaction, e.g., recreation and group activities in concert
with meals provided.
2.
Establish and maintain project/site councils comprised of attendees to provide input on activities
and meals.
16.3.6
Site Monitoring
1.
Monitor on an annual basis the centers/sites for compliance to the ADES requirements.
2.
Establish timeframes (not to exceed 30 days) for centers/sites to respond to monitoring reports and
to initiate corrective actions.
3.
Conduct timely monitoring to verify completion of corrective actions taken by centers/sites.
16.4
Licensure/Certification Requirements
16.4.1
Registered Dietitians and Registered Dietetic Technicians must meet the requirements for membership in
the Academy of Nutrition Dietetics American Dietetic Association, have successfully completed the
examination for registration, and meet continuing education requirements.
16.4.2
Nutritionists must hold a Bachelor’s or Master’s degree in food and nutrition.
16.4.3
Certified Dietary Managers must meet the requirements for certification as identified by the Certifying Board of
Dietary Managers of the Dietary Managers Association, are in good standing with the Board, and meet
continuing education requirements.
16.4.4
All food handlers shall be certified in food safety and sanitation within one (1) month of employment
Site manager or the appropriate management staff shall have an additional certification such as ServSafe
or another course approved by their County Health Department.
16.5
Reporting Unit
16.5.1
One (1) unit of service equals one (1) meal.
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Area Agency on Aging, Region One Contract FY 2026
AREA AGENCY ON AGING, REGION ONE, INCORPORATED SERVICE SPECIFICATIONS
CONGREGATE MEALS
1. SERVICE DESCRIPTION
a. To provide for delivery of congregate meals.
2. STAFFING REQUIREMENTS
a. Newly hired staff or volunteers must submit three references (not more than one reference can be a family
member).
b. Ongoing training shall be provided for persons providing congregate meals. Training shall be conducted prior
to the person performing the service on their own. Training must minimally include:
1. Require that all food handlers pass a course approved by the Maricopa County Health Department
within one month of employment. The site manager shall have additional training such as ServSafe
or other courses approved by the Maricopa County Health Department.
2. Document staff certification and training in personnel files.
3. CLIENT CONTRIBUTION POLICIES
a. All eligible clients shall be provided the opportunity to contribute toward the cost of service.
b. Clients shall be informed of their right to contribute toward the service as well as their right to obtain the
services if unable to contribute.
c. Suggested contribution rates shall be developed by the Contractor through the site council or a participant
body and reviewed annually. Any suggested contribution shall not imply a charge.
d. Any method or combination of methods for clients to contribute must allow for a free and voluntary
contribution, protect the privacy and confidentiality of each client with respect to his/her contribution, and be
readily accessible to any client during service delivery or by mail.
e. Written guidelines and procedures for collections, handling, counting and depositing of contributions shall
follow generally accepted accounting principles.
f.
Contributions toward the service shall be used solely to maintain or expand the service and accounted for on
the Area Agency on Aging monthly financial report.
4. REPORTING REQUIREMENTS
Contractor shall comply with all Area Agency policies, procedures, and directives regarding billing as follows:
a. All congregate meal operations must be conducted using the Area Agency electronic database.
b. Reports and documentation must be reported on a calendar month only as follows:
i. program reports completed by the 5th of each month.
ii. financial statement completed by the 10th of each month.
5. DEFINITION OF UNIT OF SERVICE
a. One unit of service equals one meal served to a client.
42
Area Agency on Aging, Region One Contract FY 2026
Scope of Work
Arizona Department of Economic Security (DES) – Area Agencies on Aging
22.0
HOME DELIVERED MEALS
22.1
Purpose Statement
22.1.1
The service helps increase the nutrient intake of older adults at nutrition risk and allow them to remain
independent in their homes.
22.2
Service Description
22.2.1
Taxonomy Definition – A service that provides for a nutritious meal containing at least one-third (1/3) of the
Recommended Dietary Allowance for an individual, delivered to his/her place of residence.
22.2.2
Home Delivered Meals is a case-managed service.
22.2.3
Provide older adults, in their home or place of residence, with nutritious meals that meet one-third (1/3) of
the Dietary Reference Intakes.
22.2.4
Provide resources and options, when available, that allow older adults to remain independent in their homes
and communities.
22.2.5
A “wellness check” is conducted at the time of the meal delivery to evaluate the general health and well-
being of the meal recipient.
22.2.6
The service also provides for the opportunity for socialization.
22.2.7
Eligibility Requirements - The Contractor shall provide services to individuals that meet the eligibility
requirements described in Chapter 3000, of the Division of Aging and Adult Services (DAAS) Policy and
Procedure Manual, as may be amended.
22.3
Service Requirements – The Contractor shall provide:
22.3.1
Menu Planning
1.
Develop cycle menus to be used on a semi-annual basis (every six (6) months). A cycle menu is
a six (6) or more week menu that will be rotated throughout the period.
2.
Maintain menus for audit inspection for at least one (1) year after the meals have been served.
Menus shall also be kept for at least one (1) year at the meal preparation site and the location
where the meal was served.
22.3.2
Utilize a mechanism to solicit the advice and expertise of:
1.
Registered Dietitian (R.D.), Nutritionist, Dietetic Technician Registered (DTR), or Certified Dietary
Manager (CDM)
2.
Meal participants; and
3.
Other individuals knowledgeable of the needs of older individuals as stated in DAAS Policy and
Procedure Manual, Chapter 3000.
22.3.3
Compose menus in English as well as the dominant language or languages of the participant group for
each site.
22.3.4
Incorporate ethnic and cultural preferences of participants when planning menus.
1.
Plan menus that reduce the frequent use of foods high in sugar, salt, and saturated fats.
2.
Plan menus considering the availability of foods during seasons when they are most plentiful.
3.
Plan, prepare, provide and serve meals in accordance with the ADES, DAAS “Nutrition, Food
Service, and Wellness Manual as amended.
4.
Require that each meal contains at least one-third (1/3) of the current Dietary Reference Intakes
for nutrients as may be amended, as established by the Food and Nutrition Board of the National
Academy of Science – National Research Council.
a)
Each meal must contain a specified number of calories as defined in DAAS policies and
procedures;
b)
Plan the menu with a majority (≥ 80%) as hot meals; and
c)
Cold meals may be planned, such as once a week during the summer, to add variety to
the menu such as chef salad, sub sandwich or deli plate.
5.
Submit menus per the DAAS Policy and Procedures Manual, as may be amended on an ADES or
contractor’s standardized menu form and secure the approval of a Registered Dietitian (R.D.),
Nutritionist, Dietetic Technician Registered (DTR), or Certified Dietary Manager (CDM) prior to
using the menu.
d)
The R.D., Nutritionist, DTR, or CDM shall verify menu by computerized nutritional analysis
of at least one (1) meal per week of the menu cycle and adherence to menu requirements
in the ADES, DAAS “Nutrition, Food Service, and Wellness Manual” and as may be
amended.
6.
Annually review food service expenditures in order to further cost-effective management.
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Area Agency on Aging, Region One Contract FY 2026
7.
Develop and implement an emergency plan to be used when the meal cannot be prepared or
becomes unsuitable for consumption. This includes a one-day emergency menu with supplies on
hand for implementation.
22.3.5
Meal Preparation and Service
1.
Provide a nutritious home delivered meal at least once a day, five (5) days a week except in rural
areas where such frequency is not feasible, and as approved by the DAAS.
e)
Prepare or arrange for preparation and service of meals and adhere to approved menus
as written:
i.
Substitutions shall be made when ingredient is unavailable. Shall be selected from
the same food group, for example, one-half (1/2) cup carrots for one-half (1/2) cup
green beans;
ii.
Substitution menus for holidays and special occasions must meet menu
requirements as listed in 17.3.1; and
iii. All substitutions shall be documented on the approved menu for site review.
f)
Purchase and receive food contributions only from an approved source, such as grocery
stores and food vendors. The following shall not be used: cans which are bulging,
dented, leaking, rusty, or which spurt liquid when opened; food with an off-odor; food
which shows signs of mold; food prepared or canned in the home.
g)
Prepare and deliver meals in compliance with all local, county, state, and federal
regulations and requirements for food service.
h)
Prepare and serve meals for persons needing diabetic or sodium-restricted diets, etc.
(when appropriate and feasible) with written approval from the individual’s physician,
e.g., diet order. All special diet menus shall be approved by a Registered Dietitian or
Nutritionist.
i)
Provide menus to eligible client at least one (1) week in advance of the start of the menu.
Site location shall be clearly accessible and visible to individuals attending the
congregate meals site.
j)
Obtain the individual’s signature and date for each meal served and maintain the
signatures in a central file, or contractor staff shall certify the individuals and dates for
which each meal was served and maintain the certification in a central file.
k)
Document the number of meals provided each month at each location.
l)
Review food service expenditures annually in order to further cost-effective management
of expenses.
m)
Develop and implement an emergency meal plan to be used when a meal cannot be
prepared or becomes unsuitable for consumption. This includes a one-day emergency
menu with existing supplies for implementation.
n)
Provide the opportunity for participants to contribute towards the cost of the meal in
accordance with the DAAS Policy and Procedure Manual Chapter 3000, as may be
amended.
22.3.6
Delivery Requirements
1.
Package and deliver meals in a safe and sanitary manner.
2.
Meals are to be hand-delivered directly to the eligible client unless an exception has been made
and is documented in the client’s case file.
3.
Provide each new participant with a current week’s menu and provide on-going individuals with a
copy of the menu at least one (1) week in advance.
4.
Obtain the individual’s authorized signature and date for each meal delivered and maintain the
signatures in a central file.
5.
Maintain record/log of the number of meals delivered each month to each individual.
6.
If more than one (1) frozen meal is received per delivery per individual, document reason for
multiple meals delivery in the individual’s case record.
7.
It is verified and documented in the case record that the individual has the facilities to properly store
and prepare frozen meal(s).
22.3.7
Wellness Check
1.
Assess general mental and physical health status (“wellness check”) of the individual at the time of
meal delivery; and
2.
Refer to Case Manager all individuals for appropriate action who present additional medical or
social problems during the course of service delivery.
22.3.8
Staff Training
1.
Provide on-going food safety and sanitation training for all food service personnel according to the
local county health department in which the site is located to include at a minimum, but not limited
to: personal hygiene, proper attire for food service workers, cleaning and sanitizing, correct use of
44
Area Agency on Aging, Region One Contract FY 2026
gloves, proper hot and cold food temperatures, proper use of a thermometer, food delivery
procedures and correct disposal and/or storage of left-overs. All new food service personnel shall
initially receive this training within the first month of employment.
2.
Require that all food handlers pass a course provided by a certified trainer in food safety and
sanitation within one (1) month of employment. The site manager or the appropriate management
staff shall have additional training such as ServSafe or another course approved by their County
Health Department.
3.
Document staff certification and training in personnel files.
4.
Provide training on a quarterly basis to persons preparing and delivering meals. Training is
encouraged in the areas of food safety and sanitation, storage, food preparation and service, cost
effective management, purchasing, menu planning, equipment operation and safety.
5.
Train meal delivery staff in Wellness Check evaluations on communication and observation skills
necessary to evaluate an individual’s general mental and physical status at the time of meal
delivery.
6.
Document staff certification and training in personnel files.
22.3.9
Nutrition Education
1.
Provide to home delivered meal individuals printed nutrition education materials two (2) times per
quarter.
2.
Plan, develop, and implement a written nutrition education program that includes at least two (2)
handouts each quarter, and that pertain to nutritionally related topics that are culturally sensitive
such as, but not limited to:
a)
Dietary guidelines for older adults;
b)
Modified meals and chronic disease;
c)
Food and drug interaction;
d)
Physical fitness health information as it relates to nutrition;
e)
Meal planning and preparation;
f)
Budgeting, shopping; and
g)
Sanitation.
3.
Nutritional information provided to individuals shall be backed by credible research, such as but
limited to: The Academy of Nutrition Dietetics, United State Department of Agriculture, United
States Food and Drug Administration, National Institutes of Health, Centers for Disease Control,
Administration for Community Living, and the National Institute on Aging.
22.4
Licensure/Certification Requirements
22.4.1
Registered Dietitians and Registered Dietetic Technicians must meet the requirements for membership in
the Academy of Nutrition Dietetics, have successfully completed the examination for registration, and meet
continuing education requirements.
22.4.2
Nutritionists must hold a Bachelor’s or Master’s degree in food and nutrition.
22.4.3
Certified Dietary Managers must meet the requirements for certification as identified by the Certifying Board
of Dietary Managers of the Dietary Managers Association and meet continuing education requirements and
are in good standing with the Board.
22.4.4
All food handlers shall be certified in food safety and sanitation within one (1) month of employment
Site manager or the appropriate management staff shall have an additional certification such as ServSafe
or another course approved by their County Health Department.
22.4.5
Valid and current state Driver’s License for delivery drivers shall be maintained.
22.5
Reporting Unit
22.5.1
One (1) unit of service equals one (1) meal.
45
Area Agency on Aging, Region One Contract FY 2026
AREA AGENCY ON AGING, REGION ONE, INCORPORATED SERVICE SPECIFICATIONS
HOME DELIVERED MEALS
1. ADDITIONAL SERVICE DESCRIPTION
a. To provide for delivery of home delivered meals.
b. Home delivered meals are a case managed service such that services under this contract are specific to Area
Agency designated case management client referrals.
c. Within the parameters of the contract, contractor may only serve clients authorized by Area Agency designated
case management agencies.
d. Assessments of clients need for meals shall be the sole responsibility of case management.
e. Annual Nutrition Screening Survey shall be the sole responsibility of case management.
2. STAFFING AND VEHICLE REQUIREMENTS
a. The vehicle in which meal delivery is provided must have valid license plates and, at a minimum, the State of
Arizona required level of liability insurance.
b. Individuals conducting the delivery must be a minimum of eighteen (18) years of age and shall carry agency
identification badge. Persons under the age of eighteen may assist with the delivery process if accompanied
and supervised by a designated person over the age of eighteen.
c. Individuals driving an Area Agency vehicle must have a clean MVD history.
d. Newly hired staff or volunteers must submit three references (not more than one reference can be a family
member).
e. Training shall be provided for persons delivering home delivered meals. Training shall be conducted prior to
the person performing the delivery on their own. Training must minimally include:
1. social needs of the homebound client.
2. development of observation of skills necessary to detect changes in client functioning or status.
3. appropriate methods of interacting with homebound clients.
4. appropriate responses to client medical emergencies.
5. methods of reporting changes in client's physical/mental status.
6. methods for reporting barriers to service delivery.
7. contribution procedures to ensure availability for clients to contribute and ensure confidentiality for all
contributors.
3. SERVICE DELIVERY
a. A review must be conducted at least quarterly by supervising staff of the client status, routes (including time
and distance), delivery specifications, compliance, and changes, and other home delivered meal services.
b. Client signatures
i.
All clients must sign for the receipt of each home delivered meal.
ii.
If a client is regularly unable to sign his/her name, the Contractor must obtain written case manager
authorization prior to denoting the client does not need to sign in Area Agency approved software.
Case manager authorization should be updated with each new authorization.
iii.
If a client is unable to sign his/her name, then an adult in the home must sign his/her name denoting
acceptance of the meal on behalf of the client. In the absence of a person in the home, the delivery
person may execute his/her initials and note why initials were necessary.
c. Meal Delivery
i.
Meals will be provided based on case management specific authorization as to day(s) per week and
number of meals per day.
ii.
A route sheet shall be used daily to document all clients’ names, addresses, diet type, beverage,
signature, and any special delivery instructions.
iii.
Delivery of the meal must be made directly to the client.
iv.
Delivery staff will allow for time in the home to inquire as to the well-being and health of the client.
1. The delivery staff must report all changes in client’s mental or physical status to the home
delivered meal program staff.
2. The home delivered meal program staff must document the report in the client’s file and the
client’s case manager and/or the emergency contact person for follow up.
v.
Meals not delivered during the scheduled delivery route must be disposed of at the end of the route.
d. Non-Provision of Service
i.
Non-provision of service occurs when a client does not receive a scheduled home delivered meal.
All instances of non-provision of service must be fully documented in the client’s case file and
appropriate action taken with the client, case manager, and/or emergency contact.
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Area Agency on Aging, Region One Contract FY 2026
4. CLIENT CONTRIBUTION POLICIES
a. SAIL clients shall be provided the opportunity to contribute toward the cost of service.
b. Clients shall be informed of their right to contribute toward the service as well as their right to obtain the
services if unable to contribute.
c. Suggested contribution rates shall be developed by the contractor through the site council or similar client-
centered group and reviewed annually. Any suggested contribution shall not imply a charge.
d. Any method or combination of methods for clients to contribute must allow for a free and voluntary
contribution, protect the privacy and confidentiality of each client with respect to his/her contribution, and be
readily accessible to any client during delivery or by mail.
e. Written guidelines and procedures for collections, handling, counting and depositing of contributions shall
follow generally accepted accounting principles.
f.
Contributions toward the service shall be used solely to maintain or expand the service and accounted for on
the Area Agency on Aging monthly financial report.
5. REPORTING REQUIREMENTS
Contractor shall comply with all Area Agency policies, procedures, and directives regarding billing as follows:
a. All home delivered meal operations must be conducted using the Area Agency electronic database.
b. Reports and documentation must be reported on a calendar month only as follows:
i. Post all Home Delivered Meals by the 5th of each month.
ii. program reports by the 5th of each month.
iii. financial statement by the 10th of each month.
6. DEFINITION OF UNIT OF SERVICE
a. One unit of service equals one meal delivered to an authorized client.
47
Area Agency on Aging, Region One Contract FY 2026
Scope of Work
Arizona Department of Economic Security (DES) – Area Agencies on Aging
29.0
MULTIPURPOSE CENTER OPERATIONS
29.1
Purpose Statement
29.1.1
The service is to help foster social, emotional, mental and physical well-being and reduce the social isolation
of eligible individuals as well as providing beneficial intergenerational opportunities.
29.2
Service Description
29.2.1
Taxonomy Definition - A service that operates facilities and maintains activities necessary for the delivery
of services.
29.2.2
Multipurpose centers are community facilities utilized for the organization and provision of a broad spectrum
of services for older adults.
29.2.3
Activities and services are planned based on the participant’s needs and preferences.
29.2.4
Centers provide:
1.
An array of physical activities on a daily or weekly basis which may include but not limited to: chair
exercises, aerobics, balance exercises, yoga, and Tai Chi;
2.
Opportunities for socialization through group activities such as games, discussions, special events,
crafts, and lectures;
3.
Required nutrition education activities such as food demonstrations, guest speakers, discussions,
and videos;
4.
Other educational and recreational activities such as gardening, computer training, dancing;
5.
Outreach to the community on the available programs and services; and
6.
Assistance and information for available services such as housing, transportation, and legal
services.
29.2.5
Centers that serve as nutrition sites provide meals that meet one-third (1/3) of the Dietary Reference
Intakes.
29.2.6
Eligibility Requirements - The Contractor shall provide services to individuals that meet the eligibility
requirements described Chapter 3100 of the DAAS Policy and Procedure Manual, as may be amended.
29.3
Service Requirements – The Contractor shall provide:
29.3.1
Operations:
1.
Provide services to meet the cultural and language needs of those being served;
2.
Employ bilingual staff in centers whose participants have limited English proficiency;
3.
Maintain records (e.g., client participation, financial, staffing, activities);
4.
Establish and post a donation/contribution policy for services;
5.
Train staff on services related to older adults and those with disabilities including but not limited to
cultural sensitivity, bullying, and discrimination;
6.
Establish and maintain project/site councils;
7.
Involve participants in program planning and implementation; and
8.
Develop and distribute a monthly calendar of activities.
29.3.2
Information on available services:
1.
Maintain and update a resource file of currently available services and resource referrals; and
2.
Provide written and verbal information on the following as available: housing, transportation, legal
services, governmental programs, physical and mental health related services, food assistance,
financial assistance, support groups, residential repair, energy assistance, and other relevant
information.
29.3.3
Referral and assistance in accessing the services:
1.
Assess/determine the services needed by individuals and groups;
2.
Contact agencies providing the identified services;
3.
Provide/arrange for transportation of individuals and groups to services when necessary;
4.
Provide or arrange for assistance when the individual is handicapped or has limited English
abilities; and
5.
Provide follow-up with individual and with agency providing service to ensure contact was made.
29.3.4
Outreach:
1.
Conduct outreach to ensure the participation of economically and socially needy individuals and of
minorities;
2.
Provide written and verbal information to community groups on services available at the center and
offered by other agencies; and
48
Area Agency on Aging, Region One Contract FY 2026
3.
Conduct home visits to home-bound older adults and those with disabilities in the community to
conduct wellness checks.
29.3.5
Education:
1.
Provide educational opportunities that assist older individuals with their economic and personal
needs including the following topics but not limited to consumer fraud and scams and continuing
education, retirement and financial planning;
2.
Provide or arrange a variety of health promotion and disease prevention sessions designed to
maintain and/or improve the physical and mental health status of older individuals;
3.
Provide written information on health promotion, disease prevention, mental and physical health to
include home bound individuals;
4.
Develop and maintain on-going physical activity programs;
5.
Coordinate with local community resources to provide health screening and health risk
assessments; and
6.
Provide training on the self-management of chronic conditions.
29.3.6
Volunteer Opportunities:
1.
Designate a volunteer coordinator to provide relevant volunteer opportunities for older individuals;
2.
Implement a volunteer recruitment system;
3.
Provide job descriptions for volunteers; and
4.
Provide and document training for volunteers.
29.3.7
Recreational Activities:
1.
Provide recreational activities appropriate to the physical and emotional needs of older individuals;
29.3.8
Intergenerational Programs:
1.
Provide intergenerational programs of mutual benefit that includes input from all age groups
involved.
29.4
Licensure/Certification Requirements
29.4.1
All facilities used for Multipurpose Center Operations shall comply with Federal, State and local laws
regarding public facilities, fire and sanitary codes and licensures, as may be amended.
29.5
Reporting Unit
29.5.1
One (1) unit of service equals 60 minutes of service time.
49
Area Agency on Aging, Region One Contract FY 2026
Scope of Work
Arizona Department of Economic Security (DES) – Area Agencies on Aging
39.0
SOCIALIZATION AND RECREATION
39.1
Purpose Statement
39.1.1
This service promotes the improvement in social, emotional, mental and physical well-being of older adults.
39.2
Service Description
39.2.1
Taxonomy Definition - A service that promotes mentally and emotionally healthy interaction between
participants and that may be organized around leisure activities.
39.2.2
This service is to increase or maintain the functional independence of the eligible individuals by providing
purposeful activities appropriate to the participants’ preferences and needs.
39.2.3
Preferences and needs of the individuals, as well as the group, are evaluated and activities are planned
accordingly.
39.2.4
Services include a variety of individual and group activities such as but not limited to:
1.
Physical such as exercises, Tai Chi, yoga, dancing, and walking;
2.
Developmental such as writing, drawing, reading, crafting, and painting;
3.
Emotional such as support groups and discussions;
4.
Cognitive such as games, and puzzles that promote memory and thinking; and
5.
Social such as group events (e.g., singing, dancing, trips to museums, theater, and parks).
39.3
Service Requirements – The Contractor shall provide the following:
39.3.1
Assess the preferences and needs of the participants individually and/or as a group.
39.3.2
Develop and implement an activity plan in collaboration with the program participants.
39.3.3
Establish and maintain working relationships with community resources.
39.3.4
Utilize community resources for the provision of services.
39.3.5
Provide training and instructional techniques to encourage participation in program activities and to help
individuals to independently choose and perform a variety of social and recreation activities.
39.3.6
Actively enlist participation in the service.
39.3.7
Provide a variety of recreational and social activities.
39.3.8
Document activities in which the individual participated.
39.3.9
Providing training to paid and volunteer staff.
39.3.10
Establish and maintain Project/Site Councils.
39.4
Reporting Unit
39.4.1
One (1) unit of service equals 60 minutes of staff time.
50
Area Agency on Aging, Region One Contract FY 2026
AREA AGENCY ON AGING, REGION ONE INCORPORATED SERVICE SPECIFICATIONS
MULTIPURPOSE CENTER OPERATION
SOCIALIZATION & RECREATION
1. SERVICE STANDARDS
Contractor shall comply with the following minimum standards:
a. Health Promotion
Conduct a minimum of two (2) health promotion activities per month that may include (but not be limited to) health
screening, disease information, nutrition education, home safety, and education sessions that will emphasize the
benefits of physical exercise and activity.
b. Exercise
Conduct a minimum of two (2) exercise classes per week. Exercise classes should be geared to a variety of skill
levels to encourage participation from as many participants as possible.
c. Staffing
Newly hired staff or volunteers must submit three references (not more than one reference can be a family
member).
2. SERVICE REQUIREMENTS FOR SOCIALIZATION AND RECREATION
Contractor will comply with all of the services as outlined in the Arizona DES Scope of Work.
3. ADDITIONAL REPORTING UNIT DEFINITIONS
Area Agency recognizes two forms of units for this service:
a. Activity: a unit shall be one activity in the categories of health promotion and exercise.
b. Staff hour: the staff reporting time is limited to the following categories:
i. program planning.
ii. conducting activities.
iii. providing social services.
iv. conducting outreach.
v. volunteer coordination to include recruitment, supervision, recognition.
vi. staff training provided to contractor staff / volunteers.
vii. continuing education for staff / volunteers.
For reporting, a program may combine staff hours and activity hours for total units.
4. REPORTING REQUIREMENTS
Contractor shall comply with all Area Agency policies, procedures, and directives regarding billing as follows:
a. all health promotion and exercise sessions must be reported using the Area Agency electronic database.
b. reports and documentation must be reported as follows:
i. program report for activities completed by the 5th of each month.
ii. program report for MCO units completed by the 5th of each month.
iii. financial statement completed by the 10th of each month.
51
Area Agency on Aging, Region One Contract FY 2026
Scope of Work
Arizona Department of Economic Security (DES) – Area Agencies on Aging
20.0
GENERAL TRANSPORTATION
20.1
Purpose Statement
The service helps to assist individuals 60 years of age or older and/or individuals with disabilities to maintain
their independence and avoid costly and unnecessary placement in a care facility by providing access to
services.
20.2
Service Description
20.2.1
Taxonomy Definition - A service that provides or assists in obtaining various types of transportation for
specific needs.
20.2.2
The service includes the arrangement and/or provision of transportation services which may include the
use of a car, bus or van.
20.2.3
Under the Family Caregiver Support Program, the service is provided as a supplemental service, on a
limited basis, to complement the care provided by the caregiver.
20.2.4
Senior center participants may be transported from their place of residence to the center and returned to
their residence; they may also be transported to appointments or other community services such as
shopping.
20.2.5
Services may include the transport of eligible groups of individuals to activities such as recreational,
educational or community events.
20.2.6
Eligibility Requirements – The Contractor shall provide services to individuals and caregivers who meet the
eligibility requirements described in Chapter 3000 of the DAAS Policy and Procedure Manual, as may be
amended.
20.3
Service Requirements - The Contractor shall:
20.3.1
Require that the vehicles used are constructed specifically for the transportation of persons. All seats are
securely fastened to the body of the vehicle, individuals are properly seated when the vehicle is in operation,
and individuals utilize seatbelts.
20.3.2
Require the availability and use of vehicles that are wheelchair accessible for those individuals who are
wheelchair bound.
20.3.3
Require that vehicles used for the transportation of individuals meet federal, state and local safety and
maintenance standards.
1.
Maintain logs of maintenance completed on all vehicles used for the transportation of individuals.
20.3.4
Require that drivers have and carry a valid driver’s license.
20.3.5
Provide driver training that includes instructing how to assist individuals to safely enter and exit vehicles,
handle road emergencies, safe driving, defensive driving, and disease specific information (e.g.,
Alzheimer’s, Parkinson’s, and Diabetes).
20.3.6
Protect the individual’s safety while using this service.
20.3.7
Provide information to individuals on accessing the transportation service.
20.3.8
Arrange transportation for individuals:
1.
Make arrangements for transportation through public or private transportation providers; and
2.
Determine with the individual and/or significant others, a plan for providing transportation
20.3.9
Provide transportation for individuals:
1.
Transport individuals from one (1) location to another.
(This includes traveling to and from
designated locations to pick up or drop off individuals.);
2.
Require that drivers are physically capable to assist the individual with entering and exiting the
vehicles as needed, and securing them safely within the vehicle;
3.
Provide transportation to individuals with a physical disability in a vehicle adapted to their needs;
4.
Record and maintain services delivered to each individual; and
5.
Adhere to time schedules.
20.4
Licensure/Certification Requirements
20.4.1
Require that individuals providing transportation are at least 18 years of age and possess valid Arizona
Operator’s or Commercial Driver’s License.
21.1.1
Utilize vehicles which have a valid Arizona license plate and pass emissions standards at a minimum and
have insurance coverage.
21.1.2
Require that individuals providing transportation services have the expertise in safety standards to perform
their tasks which includes training in CPR and first aid.
21.1.3
Require drivers to pass a physical prior to providing transportation service to individuals and pass a physical
at least every two (2) years thereafter.
20.5
Reporting Unit
21.1.4
One (1) unit of service equals one (1) trip per person one (1) way.
52
Area Agency on Aging, Region One Contract FY 2026
AREA AGENCY ON AGING, REGION ONE INCORPORATED SERVICE SPECIFICATIONS
CITIZEN TRANSPORTATION – SENIOR CENTERS
1. SERVICE DESCRIPTION / GOAL
This service provides or assists eligible participants in obtaining transportation.
2. ADDITIONAL STANDARDS / LICENSURE REQUIREMENTS
The Contractor shall comply with the following standards and/or licensure requirements:
a. the vehicle shall be basically constructed for the transportation of persons. All seats shall be securely fastened
to the body of the vehicle and individuals shall be properly seated when the vehicle is in operation. The vehicle
must have seat belts installed and provide seat belt extenders as needed. Seat belts must be used by driver
and passengers.
b. newly hired staff or volunteers must submit three references (not more than one reference can be a family
member).
c. individuals driving Area Agency vehicles or transporting Area Agency clients must have a clean MVD history.
d. staff/volunteers shall be trained in the following areas:
i. CPR and first aid.
ii. full vehicle equipment and operation training including optional manual over-rides on any equipment.
iii. appropriate methods of interacting with clients and observation techniques to detect changes in health
and welfare.
iv. response protocol for emergency or urgent situations.
v. contribution procedures to ensure availability for clients to contribute and ensure confidentiality for all
contributors.
e. annually the contractor shall submit the boundaries for service.
f.
service will be available to eligible riders to coincide with senior centers within the service area. The Area
Agency on Aging reserves the right to change the hours of service with thirty (30) days written notice.
g. client eligibility shall consist of persons age sixty (60) or older, the spouse of a person age sixty (60) or over, or
a person who is under sixty (60) who is disabled.
h. the drivers/aides are required to use the highest degree of care with the operation of equipment and
assistance of riders. Each of the contractor’s drivers must provide assistance to passengers who need help
going to/from the vehicle and home or senior center. Contractor may limit the number of bags or packages
which passengers may have on board. Drivers will assist passengers with the packages from portal to portal, if
necessary.
i.
the maximum in-vehicle ride time for riders is forty (40) minutes. This assumes that the driver is transporting
more than one rider.
j.
all drivers/aides in the program must carry agency identification and practice good hygiene and are required to
be neat, clean and well groomed.
k. all drivers are required complete a physical prior to beginning the job and every two years thereafter.
l.
all equipment used in the program must be kept clean.
m. the contractor must provide communications equipment for every vehicle used in the provision of this service.
n. smoking, expectorating, eating, and drinking alcoholic beverages by drivers or passengers while on board any
vehicle providing service for this program is prohibited.
o. contractor shall assure that all federal, state, and local laws, regulations, ordinances, licenses, and inspections
governing vehicles in this service are in compliance before service is begun and at all times covered by the
period of this contract.
p. vehicle maintenance:
i.
contractors are expected to maintain their vehicles in good working condition. Area Agency reserves
the right to inspect vehicles to ensure their safety, and to immediately remove from the program any
vehicle it deems unsafe until necessary corrections are made.
ii.
vehicles to be used in providing services under the Area Agency contract may be inspected prior to
awarding of the contract.
iii.
vans and buses should be equipped with comfortable sized steps, grab bars, and seat belt extenders
for added safety to senior citizen passengers.
3. CLIENT CONTRIBUTION POLICIES
a. Clients shall be provided the opportunity to contribute toward the cost of service.
b. Clients shall be informed of their right to contribute toward the service as well as their right to obtain the
services if unable to contribute.
c. Suggested contribution rates may be developed by the contractor. Any suggested contribution shall not imply
a charge.
53
Area Agency on Aging, Region One Contract FY 2026
d. Any method or combination of methods must allow for a free and voluntary contribution, protect the privacy
and confidentiality of each client with respect to his/her contribution, and be readily accessible to any client
who chooses to make a contribution.
e. Written guidelines and procedures for collections, handling, counting and depositing of contributions shall be
developed. These procedures shall follow generally accepted accounting principles.
f.
Contributions toward the service shall be used solely to maintain or expand the service and accounted for on
the Area Agency monthly financial report.
g. Contractors shall be monitored on their effort in collecting contributions.
4. REPORTING REQUIREMENTS
Contractor shall comply with all Area Agency policies, procedures, and directives regarding billing as follows:
a. All transportation operations must be conducted using the Area Agency electronic database.
b. reports and documentation must be reported as follows:
i. program report by the 5th of each month.
ii. financial statement by the 10th of each month.
5. DEFINITION OF UNIT OF SERVICE
a. One unit of service equals one trip per person one way.
54
Area Agency on Aging, Region One Contract FY 2026
FACILITY LOCATION CHART
Contract services shall be delivered only at facilities and locations specified below and will be available during the hours and
days of operation indicated:
Agency/Proposer: City of Buckeye
Site Name, Physical
Address, Phone#, Fax#
Mailing Address if
different from physical
Contracted Services by Site
Days and Hours of
Operation by Site
Home Delivered
Meals Geographic
Area to be Served
Buckeye Senior Center
201 E. Centre Ave.
Buckeye, AZ 85326
(623) 349-6600
Home Delivered Meals, Multi-
Center Operations, Congregate
Meals
Monday – Friday
8:00 a.m. – 5:00 p.m.
Buckeye
Arlington
Palo Verde
Tonopah West to
371st Ave Parts of
Rainbow Valley,
Goodyear East of
Cotton Lane and
South of Indian School
HOLIDAY OBSERVANCES
A ☒ indicates the HOLIDAYS that the facility(s) listed above will not be open:
☒ New Year’s Day
☒ Juneteenth
☒ Veteran’s Day
☐ Other: Type here
☒ Martin Luther King Jr’s
☒ Independence Day
☒ Thanksgiving Day
☐ Other: Type here
☒ President’s Day
☐ Rosh Hashanah
☒ Day after Thanksgiving
☐ Other: Type here
☐ Cesar Chavez Day
☒ Labor Day
☒ Christmas Eve
☐ Other: Type here
☐ Good Friday
☐ Yom Kippur
☒ Christmas Day
☐ Other: Type here
☒ Memorial Day
☐ Columbus Day
☐ New Year’s Eve
☐ Other: Type here
55
Area Agency on Aging, Region One Contract FY 2026
CERTIFICATE REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1)
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2)
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its
instructions.
(3)
The undersigned shall require that the language of this certification be included in the award documents for all sub-
awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and
that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit
Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to
file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
CITY OF BUCKEYE
Signature and Date
David Roderique, Interim City Manager
56
Area Agency on Aging, Region One Contract FY 2026
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY,
AND VOLUNTARY EXCLUSION
Lower tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549-Debarment and Suspension, 29 CFR Part
98, Section 98.510, Participant's responsibilities. The regulations were published as Part VII of the May 28, 1988 Federal
Register (pages 19160 - 19211).
1. By signing this certificate, the prospective recipient of federal assistance funds certifies that neither it nor its principals
are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from
participation in this transaction by an Federal department or Agency.
2. Contractor is providing the certification as set out below.
3. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered
an erroneous certification, in addition to other remedies available to the federal government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
4. The prospective recipient of federal assistance funds shall provide immediate written notice to the Area Agency
President/CEO if at any time the prospective recipient of federal assistance funds learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,"
"person," "primary covered transaction," "principal," " proposal," and "voluntarily excluded," as used in this clause, have
the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
6. The prospective recipient of federal assistance funds agrees by signing this certification, that should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the Department of Labor (DOL).
7. The prospective recipient of federal assistance funds further agrees by signing this certification that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
8. A participant in a covered transaction may rely upon a certification of prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by which it determines
the eligibility of its principals. Each participant may but is not required to check the List of Parties Excluded from
Procurement or Non-Procurement Programs.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal
government, the DOL may pursue available remedies including suspension and/or debarment.
CITY OF BUCKEYE
Signature and Date
David Roderique, Interim City Manager
57
Area Agency on Aging, Region One Contract FY 2026
EXHIBIT A
ARIZONA DEPARTMENT OF E.OONOMIC SECURITY
Division of.Agirng and Adult SesNices
DIRECT SIERVICE IPOS,IITIONI
'l'ou have apped tor a poSiilion that provides direct s6I'll'ices to childrernor vulnerable aduUs.. Arizorna Re'llised Sfah.nes
(ARS § 8-8U4.1),req1..1ire you 1o cesJ1ify, urnder penalty ot perjlJry, whether an aDega• on ot abuse or neglect was. made
agains yot.1 and was s.1..1bstamiated. lfyo1..1r certification does not irndJcate a c1..1rrent irwes.ti a·on or a substantiated report
of abuse or rneg eet, your employer may pem1il you to pro'llide direct services. pending fhe findings of a Cerntra'I Registry
Backgrournd Chedk by the Divis.ion ot Aging and Ad1..11tServiices. 'r\our employesr is required to teep this.form and all
information provided on n:as confidential.
Name (uis:t, First, M.f..}
SOC.SEC..NO.
Date ot Birth
Aliases (e.g.., mi!jirJen, "icArmme·s)
Address.{No., Street)
City
SMe
_ ZIP Oode
Aryeoc 1u
. . 1 r r e n t l y the s1..1bject of an inves'ligaion ot child abt.1se or ne,gleet in Arizona, another state or ju:riooiction U1at
res,ulted irna subsranliated (determined to have occ-ured) finer g?
Yes. I
No
Have you evesr !been the subjec of an irwestiga ion of child abt.1se or neglect in Ariz,ona, arnofher state or ju:risdic• on that
resulted in a subsranliated (determined to have occ-urred) finding?
Yes. I
No
If Yes., to the ques.tion• unediately aboYe:
Wlhat was U1e allegatio.n(s.),?'
W en was the inye:;,;tiiga io.n(s) concl1..1cted?
Wlhere was tihe irwes.tiga ·on(s conclt.1ded?
I you wish to provide additional inkfmmion s,,ee Direct Sen(ce Po5:·i on Supplement.
STATEMENT OF CERTIFICATION
By sigrnillg this form, I cenify thattihe infom1.a·on provided is e, correct, and complete to the bes,tot mylmowiledge arnd
!belief.
Signalure ------------------------------------------------------------------------------------------------------------------ -
Ernpl'.oyers: Maintai11t1llis form as oonrfi:clenti:ill.l.
Date
EXPLANATION
I you have ever been the oobjecti of an investigation of child abus,,eor neglect in Alrizorna, snother state or jt.1risd1cfiorn
that res1..1lted in a sulmtaritiated (determfned to have·oc-c-urre,ri) finding, yo1..1 may provide an explarnation of tihe incident of
child a.buse or neglect. Do not incllude fhe nmne of any ch11dar any persa.n involved in the inYes·gatio.n. If more space is
needed, attach addilional sheets..
Equal Opportunity Employer f Program• Au:xiriary aids and ses.Nices are avrulable upon reque:;,;ttto individuals will'h
d- abilities • To request th1s doooment irnalternative tom1at or tor further infom1atiion .about this poicy, cont.act the Division
ot Aging and dull Services a 6[12-542-4446; TTYfTDD Se1Nices 7-1-1 • Dispa.ni'ble en espanol en lillle,ao enla oficina
local..
58
Area Agency on Aging, Region One Contract FY 2026
□□(
EXHIBIT B
ARl1ZONA □EPAR.TMENiT OF ECONOMIC SECUR.lilY
DivJsi6:n de SieMC:ios pa:ra Acfultos y Persorias de la Tffl!Ctlra Edad
POSICION DIE SE.RVICIO DIRECTO
IJsted Iha solicitado uri pu:6-sto ,que hliinda S61Vicios dlr6cios a riirios,o,adultos vulnerables, Los Esta.Mos FlevJsados
deAlizooa (AAS§ 8"804.1} r,equ:leroo que uste:d certifiq;IJ.6,bajo pena de perjurio, si se hlzo uria a1egaci6:nde abuso
,o Mg]igencia en su contra y fu:econdborada. Si su certifilcacj6r1rio indica u:na·nrvesligaclcm ,eri curs,oo u:n imonne
tun<f'a:mentado,de abuso ,o oogligencla, su ,empleador puede pennitinle q;u;e hliinde servicios c!Jrectos cen easpera de los
ha11Q<Sde u:na BQ;sql.J!lda oo el R.egistro Central pa:ra V@liiflcaci6:n de Ar:Jtecedem@ por parte de la Dillisj6r1de Se:r\i'Jcios
para Multos y P-e-:fSonas de la Te:roe-:ra Edad. Su ,g_mpleador debe ma:nte:ner ,este:tormula:rio y tod'a la imorll'Tlacj6ri
proporcionada ,eri ,II de tonna oonfidgncial.
N'omb.lie (Apeilido, Nombre, !nlcial 2ndo filom.J
_
NL!IM. SEG. SOC.
Fec'h.ca de nacjmiento
Alias (p.. e}.. apellida de .ooJrera•, apooos}
_
DJreccioo (Nlim., Cale,
Cludad
_ Estado
_ G6digo,postal
,!.Esla actualmente sujeto,a uria invest1gaci6:n de abuoo o,neglige-ncia n.fanlil ,eri Alizon,a, olJiO eslado o jul'isdicci6:n que
result6 ,e:nu:nIha azgo ftmdame.ntado (que se det!m"nioo que =rri6)?
Dsr D !No
,!.Algunra vez ha sldo objeto de una·,westigacj6ri de a.truso o neg gericia lma:n.til en Amoria, otl'l'.,lestad,oo julisdicci6:nq;1.1:e
re:ru'lt6 ,en u:nIha azgo,ftmdame".ntado (que se det!m"nioo que 0Clltri6)? D SI D Mo,
Eri caoo afinnativo, a la p:re9urrla inmediatamerrte anterior:
,!.Gual rue la ac1.1iSaci6:n?
,!.Guarido se lkw6 a cabo la(s) invesligacion(es)?
,!.D6rid11 s11 lhw6 a cabo la·nrvestigacl6ri? ----------------------------------------------------------------------------------------------------------------- -
Si desea pm;poro oria:r formacioo adicional. oo:n.sulte:,el Suplemento,de Posicioo de Servi.clo DJrecto.
DECLARACION DE CERTIFICACION
Al firmar e,s-te,fo:rmulario,, certifico q;ue la intorll'Tlacj6ri proporcionada ,es ve:rnadera. 00:Jil"ecla y compl&ta a mi lea1saber y
,erne:nder.
Faecha
Rrma
Empl9ad'cn9s: Mantenga este ftnmu'l,ul.o co:mo 0011fld'.11clal.
EXIPLICACION
Si alg,u:na vez ha sldo objero,de uria invesitlgaci6:n de abuoo o neglige:n.cla "n.fanlil ,eri Alizo:nai, 011,0 eslado o [urisdicci6:n
,que result6 en un haUazso turida:me:n.tado,(q;ue se d':tste:rmin6..qu,eocumi6}, puede proporcjoriar una eica.c16r1del
incjdente dBi abuoo o negllge:n.cia "n.fanlil. No im:luya el riombre de 11ingur1riirlo,o,persona invo u:c.rada ,eri la·,westigacj6ri.
Si necesjta mas espacjo, adJurne hojas adicionales.
Prog amai y Empleador cori lg,ua1dadl de Opo:rtJ..midades • SeNicjos y ayuda:n.tes auil<li are-s para pcersorias con
discap;acidades esta:n dispo11ibles a petici6:n • Para obtener este documerno en olJ,o formato ,uobte:ri.e:rinfoimaci6n
adicion,a.1 sabre e,s-la polltica, com1mfQues,econ el l)JW;i6n de Sel'\licjos paraAdUltos y Person,as de la Tercera Edad al
1602-64.24448: Servicios de TTYIT
7-1-1 •Ava"lable in Engsh onUrie or at lhe local ,office.
59
Area Agency on Aging, Region One Contract FY 2026
EXHIBIT C
60
Area Agency on Aging, Region One Contract FY 2026
□
LCA-1□34A FORNA (10-19)
Pi'21'/oo.5_l".liJ:l!J.S ·1a,;,:;epreG
No111-Appealab[e Offenses
Are·you a'ltl'l'aiting trial for or have you e:'il',er been 0011-1cied ofoomrmiitting1at/ten pting to oomrmit, soliciting1orfacil'itating1or
oonspiring to 001rvllit,one or 1nore of lhese crimes in tllis state or a sim-llar crime-·n anoH1er jurisdiction? Mark ""t(e,s." or No"'
as applical:Jte.
If yot.1 are st.1bjoot to registration as a sex offender inthis statie or any other jt.1riiSdidion,,or awruting1trial on,orbee:n
convicted of,oomm1tting1attempting1to oornnit, solioiling or facilitating1or oonspiring1to commit one or more,of tlhe,orill'Ies in
this section PS willldeny yot.1 a Level 1 Fingerprint Cl'.earance Gard and you W1lIJLINOT be el1gil:Jte toppeal tlhe decision.
E>:1pung:edconvictions frmn any 001.111: otlher tllan j1Jive:n□e,oo!Jrtmust be identiiliiect
'
YES
NO
1. Sro:u abuse of wine lie ru::llllit
2. Incest
3. hlorni:cid'.e, inclucfng firs or second-d'.egrae mllrd'.er, manslaughter and negl'igent llom-cide
4. Sro:u assault
5. Sexit.1 exploitation of a minor or winer.ID.le adt.1lt
6. Corn1nercial sexuallexploitation of a m-nor or vu n:erable adult
7. Cll-1'.d prostitlllion as prescribed in A.R8- § 13-32112
& Cll-1'.d abuse
9. Felony child neglect
1R Sexit.1 condu:ctVl'iith a minor
11]_M'.olestalion of a c11·1'.dor wlnerable adt.1lt.
12_□ange:mus,crime against chlildnen1as defined in A.R8- § 13-705
13_Exploitation of minors im1<ll!.ri11g d'rugoffenses
14_Tak!ing a ohli1dltor thepurposes.of prostitution as definedin A.RS_§ 13-3206
15_Ne!jleci or abuse af a vulnerable adlllt
16_ Sex traffid ng
17_Sex!LI abuse
18- Produolion, i:m1:Jti:caticm1sale, poSSiession andlpresentation of obscene iterns as pres,c,lli ed in
A.RS.§ 13-3502
I
I
19- F1L1m·shing hlrumfu Iitems ro ninms as prescribed in A.RS_§ 13-3506
I
I
2o_ F1L1mishing hlrumfu 'Iitems to ninms by internet actiiwy asprescribediinAR.S.§ 1l335l061J1
I
I
21_ Obsoene or indecent tele;phone oomn1m-cations to minorsfur,001nm:erciallpul'iJ)OSes as presclli'bed
in A.RS.§ 133512
I
I
22_Luring a minor for sex.uiallexploitation
I
I
23_ Ehtioement of persons for purposes of prostitution
I
I
24_Proourernent by raise prete11sesof persons for p11rposies ofprostituticm
I
I
25_Proouring or placingpersons ina house ,of prostitution
I
I
26_ Recei\ring1earnings of a prostitllle
I
I
27_ Causingone's spouse to beoorr'l::! aprosfibute•
I
I
28- □etention of peIBOn-s.n a llouse of prostitL1-on fur debt
i
i
29_ Keeping or residing-n a lloL1se of prosti:t1.1-on or err1)1'.oym:en inprostitution
I
I
3o_ Pandeling
I
I
31_ Trafficli!ing of peraons.for furred labor or sen.rieies as de:fii11edin A.RR § 13-1308
I
I
61
Area Agency on Aging, Region One Contract FY 2026
LCR-1□34A FORNA (1D-1!i)
F'.re:v.la11,5_,<5J:l!l:; oo! ai;cepi'e:!'
YiES
NO
32_lii nporti11g p.ell'SOm,.for the 1:mrrpose,of prostitutii:m1polygamy andl oonc11,j.n1age
I
I
33_ Portraying adult as am-nor as presclffbed in A.RS_§ 13-3555
I
I
34_Adm-lli11g mi11ms to public dlys of sexu oonduot as prescribed in A.R.8- § 13-355'8
I
I
35_Any felony offense·i11,olving oontriblltingIto the del1nqu:ency,of aminor
I
I
36_ u111awru sale•or pur,chase of cllil'.dren
I
I
37_Cllil'.d bigarny
I
I
38- Any felony offense•illivolving domestic violence as defined!in .A.RS. § 13-3601, except for a tel'.0111y
offense only invo1·;ng orin inalldamage in an amount more tlha111$2!j{), but less than $,1000 if the
offense was con,nm'ledlbefore June 29, 2009
I
I
39. IFiel\:my i11decent aposure
I
I
40. Feto11,y p1,1.1Jic se>:iualindecency
I
I
41. f";elD11,y driving111.mderlhe i11filue11ce,,d·vingurid'.ertlhe ememe infltmnce or aggravated dri1 ng
11.mder the i11fluenoeif committed within 5 years of tile dlate yo1.a1pply for a Level 1 Cl'.earance Cardi
I
I
42. Terrorism
I
I
43. Any offense in,1tolving1a viril'.ent crime as.de:fiined in A.RS.§ 13"901.03
I
I
AppealabIDe 5 Yea,rs After Ccmvic:tmo111
The following fellonyo.ffenses are,n.onr-s:ppealble if comrr ittedlwithin 5 years of the datreyo!Jal ppityfor a Le'll'ell1
FngelJl(int Olearanoecard. If yo1.h1m,re been 0011•1 cted of con,n1itting, attempting to oommit, sali:citing or facilitatingor
conspiring to commit one or more mtil.e crimes in tlhis section'Within 5..vear.s of applying for a Levell1 Ffng:erprint Clearanre
cam, DPS ·11deny you a Level ·11Fi11gerpnnt Olearanoe card a:ndlyou 'WILL NOT be e'ligil) e•to appeallthe denial.
If tile oomriction was.more fhan 5 years before you apply for a Levell1 IFi11gerprint Cl'earanoe·C.ardl OPS willl d'.eny you a
Levell1 Fii11gerprint Cl'earance Cardi,,but you ml be e'ligi'bl'e·to appealltlhe d'.en·a1to tlhe·A.ri!ZOna Board of Fiingerprinting_
Mark 'Within 5 Years
Over 5 ¥ears" or 'No" as aJL"ij:"ilirallle:.
'WllHN
'5YEARS
OVER
5 YIEA!RS.
NO
1. Endang:erment
2. Threatening or intimidating
3,, Assault
4. Aggravated assault
5, Un wflllly adn inistrating·ntoo!ica·ng l'iquors, narcotic drugs or dangero1.1s.d'rugs.
6. Dangerous ordeadly assau t by prisoner or j;uvenile·
1". Prironers who oommit assault vviith i11tent to incite to riot or parlioipate in riot
8. Assault by 'll'icious animals
9'. Drive by shooting
10. Assaults,on publi:c safety en pl'.oyees or wlu111teers and state l,.ospitall employees
111. mscllarging1a tiiroarrnat a struct,ura
12. Pfironer assault with bod Ii!/fluidis
13. Aiming a laser[pointer at a peace offiicer
14. Possession am::I s em peyote
15. Possessio1111and s e of a ll!apor-releasing1substanoe containing a toxi:c sul)stance
62
Area Agency on Aging, Region One Contract FY 2026
LCR-1D34.1'F!.ORNA (1D-1!l)
P.rew.:il/.S _/:Slllns oot acceple!J
WITIHIIII
5YEARS
OVER
5YIEARS,
NO
16_ Selling or g- i11g 11ilrous oxide to u11dera.ge persons
I
I
I
17_ Sale of regulated ohemi:cals,
I
I
I
18_ Sale of precursor chemicals
I
I
I
1!l Production or lransporta-on of marij1.m:nai
I
I
I
2Cl Possessio111use or s e of mmijuana, dangerrn.1s drugs or n.rrcolic drugs
I
I
I
21_ Possessio111use, aidmi11istra1ion,,ac.quiiSilio111sal'.e, manufacture mtranportation of
presoription-only d[il..lgs
I
I
I
22_ Adm-nistra1ion, acquiiSitio111manuracb.Jre or tra11sportation m dla11geKiUSdrugs m
narcotic drugs
I
I
I
23_ Ma:nllffaciu ng1methamphetamine under circumstances 'Iha causephysica-lnjury
to a minm mder the age,m 15
I
I
I
24_[mrolving or 11.1singminors n d[il.llg offenses
I
I
I
25_ Possessio1111use, sal'.e or tir.ms:fernf marijuanai, peyote., prescription drugs,
dangerrn.1s,drugs,, or narcotic dlil.llgiSor nl<lnufacb.Jre m dlangerous drugs in oJJ dlil.llg-
free sch.oolzone
I
I
I
26_Possessio1111manuracb.Jre, del'ivery and adJvertisementm drug paraphem ia
I
I
I
27.. Use mwire comrr u11ication,orel'eciro11ic c00111l..l11-ca1ion in drug-relted
transaotions
I
I
I
28_ Usi11g a building for sale or mam.1fadure of dangero1.1s or naroolic drugs
I
I
I
2!l Ma:nllffaciure or distril)ution m presaiption-only drug
I
I
I
3Cl Ma:nllffaciure, d stribution, possession or possession with intent to use imitation
oontroll'.ed substanoes, in itation presoription-only d[il..lgs or imitationover-the-
oounter d'rugs,
I
I
I
31.. Ma:nllffaciure of certa-n sul)stanoes and dril.lgs hy cert 111mea11s
I
I
I
Appealab le Offenses
Are you awaiting trial fm or have you1ever been 0011-1cted of oommiitting, atterrpiing to oommit, soliciting or facirltating or
wnsp-i11g to oonT11iitone or rnore m these crimes in tllis state or a simillar orirr e-n another jurisdiction? Mlarik"'Yes"'or Now
aiS applicable.
lfyolllare awaiti11g tlriall0111or been oonvici.edofoommiitling, atten pting to oonmiit, sali:citing orfacil'itating or oonspiring1to
c001mit one or more of these crimes, DPS will deny yolll a Lev,ell1 Fingerprint Cl'.earance Cardi, but you -uIJe eligihl'.e to
appeal the deoisi:011to11the Ari20r1a Board m Flngel"J)-ling_
YES
NO
1. Theft
I
I
2. The1it.by rextorlion
I
I
3. Shopliffing1
I
I
4. Foi:g:ery
I
I
5. Climinal possession of a foi:g:ery devi:ce
I
I
6. Olltaining a signat1.1re l:ly deception
I
I
7. Climin impersoniilfio111
I
I
8. The1it.of ai crediitcard or obtaining ai crediit card l)y fraudulent means
I
I
9. Receiptof afl¥1hing of '!l'alueobtained!by fraudulent we m oJJ credit cardl
I
I
1 o_ Foi:g:eryof a oredlt card
I
I
63
Area Agency on Aging, Region One Contract FY 2026
LCIHDJ4.ill FORNA cm-1!ii)
PrevJ.:ll/.s _l'SRJl'I-Soot ilGGef]le!i
Pa-5 D'f6
'
¥ES
NO
ff Fram::llllent use of a credit card
n_Possession of any machineiy, plate or olher conmrvance•or incmnpl'.ete oredit card
n. Falisestabemernts as to finanoial condition oir identiity to obtain a oredit card
114. Fraud by persons authorized to pro'i.l'ide goods ,orservioes
115. Cired,ict ard lransaction reoordltlheff
116. MJSa::mduct irn.rohring weapons
117. MJSoonduct irwol'i.l'ing explosives
118. Oeposiiting explosives
119. MJSoondud.invol'i.l'ing sim!ll 'latedlexl)losirves
20. Canoe eel weapon ·oiation
21. MJSderneanor indecent eposure
22. MJSderneanor [Dlll l)lic sexual im::lecency
23. Aggravated oriminalldamage
24. A.ddingI[DOison or miter tiarrnrul substance to food( dnnk or medi:cine
25. A oriminalloffense involving criminal treS{paiss und'.eirTiHe·13, Ctlapter 15
26. A oriminalloffense involving crimirnal l)lll glaryundeirTille 13, Ctlapteir 115
27. A oriminalloffense involvingIoi;gani12edlcrime or ti.mdlas presail)ed in Title 13, Chapteir23,
eXioept terrorism
I
I
28. MJSderneanor offenses nvolving clhil'.d neg eel:
I
I
29. MJSderneanor offenses nvolving contrri luting to ttle d'elinquency of a minor
I
I
30. MJSderneanor offenses·nvolving domesti:c violenoeas defined in A.RS.§ 113-3001
I
I
31. Fel'.ony offenses in'i.l'olr mg do1nestic viol'ence ifttle offense only involved criminal dolillage•inrtl'lle
amount o1f $250 but less ttl1<111$111000 and lhe offense was committed before ,June·29', 2009'
I
I
32. Arson
I
I
33. Criminal d!amag:e
I
I
34. MJSappropriation of ohmteirschool monies as prescribed·n A.R.S. § 13-1818
I
I
35. Taking identity o.fanoffl.eirperson oir entity
I
I
36. Aggravated tal{ng identity of anotl'ller [Person or entity
I
I
37. Traffiicing in the identity of another person or e11tify
I
I
38. Cruelty to animals
I
I
39. Prnstib.rti1:m as d'.esai boo iri A.R.S. § 13-3214
I
I
40. Sal,eor distrilmtio:n o1f material hamlful to minors thKMJg vem::ling machines as presoribed in
A.RS.§ 13-3513
I
I
41. Welfare fralld
I
I
42. KidnapingI
I
I
43. Rolll)ery, aggravated mbbel,'Yor armed fObbery
I
I
44. MJSderneanor e11dangerment
I
I
45. MJSderneanor ttlreatening oir intim-dating
i
i
,46_MJSderneanor assault
I
I
47. MJSderneanor aggi.wated assau
I
I
,48_ MJSderneanor IL111lawrullad'mini:Stering·ntmcJicating llquor, 111<1roo·:c drugs oir dangeKMJs druys
I
I
64
Area Agency on Aging, Region One Contract FY 2026
LCR-1DJ4JI!F. ORW!. (1[!-1!<)
P,!E"l\100.5 -l'J.5li!:!1 aGGejli'e:I'
'
Eq,uallQppoirunity Employerl P,mgram•l\;1.1)(li1iia11y aids and servioes are av-lable11.1ponrequest to ind-.idu s wiitll1
d1s.rn.ilities • To req1.1est this document i111alitemiative format or for further infomiafion .mout ttlis policy, c,ontact the Dirvisio:n
of Development □-sabil'i-es,AOA.Coord ll!ator at 002-771-2893; TTYITD□Services: 7-1-1• m11pcmil)l'.een espafiollen
1: ... --. ..... -
......... 11,,.•. ......,F;;...,;_.,.,..... 1 .............. 1
'll'ES
NO
49- Misdemeanor dangerous or deadly assault l)y pnsonernr juveini e
50_Misdemeanor plisoners who commit assault with intent to inciteriotor parlioipate in liot
51_Misdemeanor assau t by vicious animals
52_Misdemeanor dlii!Je-l)y shooting
53_Misdemeanor assau ts.on p1.1bli:c safety e1Tfll'.oyees or vol1.1nteers and state llospitallemplo-yees
54_Misdemeanor di&hai:(ng a lireann at a structure
55_Misdemeanor plisoner assault with bodily lilu-ds
56_Misdemeanor aim-ng alaserpointer at a peace omcer
57_Misdemeanor possessionam::Isal'e of peyote
58- Misdemeanor possessionam::Isal'e of a vapor-releasing suhstanoe·cont ning a to1<ic substanoe
59- Misdemeanor selling1or g-ving niln:ms o:xid'.eto 11.1nderagepersons
6R Misdemeanor sale of regllllatedcllemicalis
61_Misdemeanor sale of precursor d1emicals
62_Misdemeanor prod1.1ctio1o11rtransportafion of marij,uana
63_Misdemeanor possession111.1seor sal'e of marijuana, dangerous drugs or narcotic drugs
64_Misdemeanor possession, use,adm-nistrafion, acquisiition, s e, manufacture or transportationo.f
prescliption-onliYd'rugs
I
I
65_Misdemeanor ad'mini1Stratio111acquisiiti1:m1manufacrure or transportationof dangerous drugs or
narcotic drugs
I
I
66_Misdemeanor manufacturing 1netllan pll.etamine11.111der circumstances that ca1.1sepllrysical injury
to a minor under tile age of 15
I
I
67_Misdemeanor involving or using minorn in drug oliferilises
I
I
68- Misdemeanor possession, use•, s e ortrans:fero.f rm.rij,1.1.i:na, peyote, prescription drugs,
dangerous drugs, or 1narcotic drugs or ma11ufaot1.1ire·of dangerous drugs in a drug-free ocll.ool zone-
I
I
69- Misdemeanor possessio111marn..mcrur.e,,del'ivery andadvertisement of drug paraphernalia
I
I
70_Misdemeanoruseo.f wire comm1.111icationor electroni.c c,c1rnn'l..l11ica1ion in drng:-relatedltransaotions
I
I
71_Misdemeanor11.1sing a b!Jildi11g for sale or manuractme of dangero1.1s or inarwtic drugs
I
I
72_Misdemeanor manufacture or distnlmtion of presCJiptim-onlydrug
I
I
73_Misdemeanor manumcrure,,d istJrllilltion, or possession wiitl'll i11te11t to 11.1seinitation controUedl
I
I
substances, imitaticm prescription-only drngs or imitation•O!;'er-the-oounter drugs
74_Misdemeanor manumcrure o.f oert 111sul)stances and dlil.lgs by certain means
I
I
65
Area Agency on Aging, Region One Contract FY 2026
EXHIBIT D
LCR-1034.!'!F. ORS (11!!-19)
f>l¥- aGfj:lra.n•teJ:S.1(1.li'f'. a.ni.>ml'E!I
ARIZONA DEPARThlENIT OF ECO OMIC SECURITI
AFIIDAVIT IDE AUTO IRIEVELACION DE LA IHIISTOIRIIAL CRIIMIIINAL
Se presentaras1.1s lluellas digiita es al Departarnento de Seguridad Pu-Jira de AJizona (DPSpoIida} y El Departamenro
d'e Estru1o de lnv,estigaciones (FBI)para oo prohar su histoliall,aimi11al.Como la Ley Pul)l"ira y hos Estatutos Revisad'.os
d'e Ari!Zc:ma, vaJli'IOs.a11.1sar lo que rrevela en este afid31Jit y la i11fom1a1Ji6:np.rovista por la 0011 pl'Ol:1aciim de su llistoriiall
climimtl, para determi11ar s1.1 comre11-enoiapor tener acceso sin restlicciim a las personas wlnerables_E'I dejar de revellar
infornu1ci6n verdadem y preoiso en este a1iidlaviit sera motivo de terminar su empleo o de denegar, suspe111der o
revocar su lic.enciia y puede que le remitimos a Ila 01iioina1de Procumdor Genera'! para ql!.le le puede e11juic1iar.
Asegure.se q.ue revise todas !as seis ,(6) paginas deJ ati(favit de aum revela,ciom
Usredltiene dereohlo de obtener una copia de rodo informe aoei:cad:e su histolial crim·nal y recusar la exactitudlo
integli:dad de la-nrormaci6n oont,erniden el irnforme_Si remsa laiinfom1aoion, tambien tierne derecho ai u11a d'.etenminaciim
pronta en cuanl:oa la wlide!Zde su racll!;saoi6n_P.ira ohtener una oopiiadellinfomle de su 0011 prod:1aci6111de histolial
climimtl, cu11un1q,uese,con la DPS Records Unit, ACJIS rn-sion al {002) 223-2222.
Non l)re (Nombre, segundo:,pef/irlo):
Fecha de nacimiento (MMIDDJY'I}:
_
Dirernio:n(Nu.m., calfe, num. de apto.):
Cim::lru::I:
_ E:stad'.o:
_
Cooigo post.all:
Marq,ue-u11a de lo sig1.1iente y proveer la inforrnaci.i'in seg(m las.instnJcciones:
Nlo he sid'.o d'.edarado oulpaj1le 11-estoy arnsado de ning(m delito_
He sido d'.edaraato oulp 1Je de o estoy acusado de 1:os sig1.1ie11tes delitos{s),,(Prowra r:a techa,1ocaJ/junsdicd6n,
cifiCunstandas y reS111tado_ Ad)'unfa pfrginas adfcionares oomo sea nece,saiio):
TAMBIEIN- Marque una de lo siguiente:
I
No estoy sujeto a registrarcomo 11.1nagresor sexual enni en n-nguna otra j.ulisdirnio:n_
I Esroy sujeto a regis•lrar OOllll) un agresor sexual!en ni en 11i11g11na otra jurisdi:ocifo. (Si u-sted-esta&f)eto a registrar
camo un agresor sexual en este estado o cuafqute.afrajurisdiccio.n, DPS va a ,den.egar una tarjeta ,de nivef t de
autor,zacion de hueltas ,dlgitafe.sy. NO TENDRA derecho de apelar fa decision_)
Certifico que entiendo este afidavit Mi auto4ievelaci6n es verdadera, precisa y 0011 pl:erasegun mi leall saber_
Firm;;i:
Notary Public (Nora.rio puhliooJ
state mArt!ZOna, Cournty of
_
Fecha:
_
Su lSClihed and sworn or affirmed and aclmo-wled'.ged beforre me this
dy o.f
,20
Ccmn1issio111Expiration date:
_ Notary Public's Signature:
_
Vea laipilgina 6 para leer laided.iracim de BOE/ADA
66
Area Agency on Aging, Region One Contract FY 2026
LCfH□34.I'!F. ORS,(10-19)
N'@ se i1Gl¥1ran,ve,r;:;Jone.ante.ooJ\!!
Infrncciones no ap,elabmes
lEpera usted jllf oio parao h.3s1ido d'.eolarado mlp ll'.ed'.e oorrneter, i11tellt,n d'.e oorneter, solio.itar o faci iitair, o mnirair
para rometer ur,o o mas de los delltosen est, stado o un dellto simi ar en o1rajurisdi:cci6n? Marque "St o "Nocomo
sea ap.lirabte.
Si I1.1steclesra sujeto e3I registrairoomo un agresor sie.ual en este estado,ocu quier otra jurisd oci6n, o espern juioio por o
Ila sido decl!arado cu'lpabte de oometer,,intentar de oometer, so icitar o racilirar,,oco11sp.iirarpara oonEler mm o mas de los
d'.ellrosen estai seoci6n [):PS va a d'.enegar una trujela d'.e 11ivel 1 de mitoliiZ.aci6n d'.e lluellas digit es y ustedlNO TIENDRA
d'.eirecllo d'.e e31pelar la deciisi6n_
Com:iern,;is expuirgadas de algun tlilJunallapalte d ibibun juvenil d'.eben ser id'.entifiradlas_
si
NO
1. Abusosexu .muse de 11.111a1 dulito vu rnerable
2. lncesto
3. Horni:cidlo, incluso homicidlo del primern segundo grado, llomicidio sinpremeclitacian y homicidio
neglig:ente
4. Agnesion sexual!
5. Explotaciondeunmenor o un adulto wlnerahle
6. Explotacionsexual oomerrial de I1.1rnImanor o un adulto wlnermll'.e
7. Pmstituoi6n d'.e unn enoirsegunAR.S_§ 1'.B212
8.. Abuso irntmtil
9. Neglig:encia d'.e rnioo que sea un del'ito grave
1o_ Conduota se::malloon11.11m11enor
111_ Abuso immoral de 11.11m11enor o adulo wine lie
12_Deliito pel'igroso contra menoresoomo sea definido en A.RS_§ 13-705
13_Explotaciondemenoras IparadelitosreJacionados oon dKJga.s
14_Rap.tar a un n1ernoirpara propositos de p1001iluci6n segim AR8- § 13-3206
15_Negligencia o abuso,de•un adulto vulneral)le
16_Trafim de sexo
17_ Abuso sexu
18- Producir, pulli:cair, vend'.eir, poseer, y piresentar artfoulos ind'.ecentes segunAR.S. § 113<32
19- Sumin-straircosas da:ffiosas a menmes segii111ARS_§ 13-35'{)6
2R Sum-11-straircosas da:ffiosas a menmes medlanteact-i,dad en el Internet seg·nA.RS_§ 13-
3506.01
21_Cornunicaciones teleronicas que so11Iobsc.eno,o ind'.ecente a menores para l'.os pro;positos.
00111el:ciales segun A.RS. § 113-31512
I
I
22_Seduciira11.1111menor para ellpro;posiito de e•plotaci6n sexual
I
I
23_lncitar a 01.1 q,uier person.is para proposiitos d'.e prosmucion
I
I
24_lnstigaci6n, IJaj,o pretensiones.fallsas, d'.e cu q,uier personaspara propositos.d'.e•pmsmuo.ion
I
I
25_lnstigar o colocarpersonas enuna casa de prostilucian
I
I
26_R.ecibir ga:nanoias deurna persona prosliluid!a
I
I
27_ Ca.usar prostituoi6n d'.e su·oonyuge
I
I
28- Dete11ci6n de persomis enuna rasa deprostit1.1ci6111para satisf.,icer deudas
I
I
29- M!antener o residire11II1.100casa de prosliluci6no en,pl'.eo enpros1iluci6n
I
I
3o_ Pro:xenetismo
I
I
67
Area Agency on Aging, Region One Contract FY 2026
LCR-1034.l'!F. ORS (1tlJl-19)
r-to S!!' aGey:iran i,er.;lJ.r.e.ii antem.P'..l.l
si
NO
31_El trata de•personas oon el fin de labor o sel"\i'icios forzados como se define en AR.S. 13-1300
I
I
32_Tra:nsporte de perno11as para pro;p&sitos.de prostiituci.6111poligamia y conoubi11ato
I
I
33_ Rep.resentar un ad1.J'lto oon10 un menor segum A.RS. § 13 3555
I
I
34_Oejar entrar a los menorres a exposicio11es puhl'icas de cornportarnie11to sexuallsegun A.RS_§
13-3558
I
I
35_ Algun dellto que inc 1.1ye oontlibuir a la delincuenciiade un menor
I
I
36_ Lai ve11ta o a:ml)ra ilegal de ninos
I
I
37_Bigamiaii11fa11til
I
I
38- Algun del'ito grave que inclu(Ye-o1enoiait.lrniliiar 001110 sea definido enA.RS.§ 113-36011, salvo
que un d'elito grave q,ue i11cluye solamente dao,ocriminal de11..ma cantidacl mas de $250, pero
menos de $1000 silos.del'itos ru:eron rometidos antes del 29 de juno de 2009
I
I
39- Oeliito grave de el!hillicionis1no
I
I
-4o_ Oelito grave de i11decenoio1s1eu publi:ca
I
I
41_Cooduciendo llajo la inffuenoia {de al:0011011drogas} grave, ooodu:ciendo l)ajo la inffuenoia ,(de
alloohol/ drogas) ex:lrerno11 o cmduciendo bajo Ilainff1.1enoia (de aloolmll drogas) agravolido si ru:era
oom:elido dentro de 5 aoos de la fecl'la en Ilacual usted sol'iciita unaitmjeta de aurnrizaoio:n de
Ni1ve11
I
I
42_ Terrmisrno
I
I
-43_Algun del'ito q,ue incl1.1ye u111deliito viol'.e11ta como sea delii11-do enA.RS_ § 13-9011)3
I
I
ApelabIDe 5 afiios despues de condena
Nose pueden .i;pelar los sigu-entes delitos graves si se fi.leron oometidos d'.enlro de 5 afios antes de Ilafeoha en la ou
uistedloolicita una taljmaide a11tori1Zaci6n de Niv,ell11. Si uisbedlho1s1ido deolarad,oulp.mle de oometer, i11te11tar de oorneter,
solicilar o racillrar o mm,;pirar para comeber W'iO o mas d'.e l'.os delitos en esta seoci6n denim de 5 aoos de sol citar
una tarj;eta de autori1Zaoi6:n de ivel 11 de huel as digital'.es, DPS d'.enegara taeta d'.e autorizacifo de Niillel 1 de l'luellas
d'igitales y usted NO SERA elegible para .ipelar la denegaoi&n_
Si la 0011dena rue ma.s de 5 a.noo antes de oolicitar una taljetaide a1Jtolfi1Zaci6n de Nivell11 de huellas digitales, DPS
de11egara unaitarj,eta de autoli!Zaoi&n d'.e Nivel 1, [Pero usteclsera elegible para apelar la denegaciim a IlaCon pa:iifa de
huell!as d gitales de Arizona_
!Marque 'Denu-o die 5 Anos," "Mas de 5 aiios" o ' No'' como s,ea1aplicab
1le.
DENnliRO
DE!iAINOS
IMAS DE
5:AINOS
NO
1. lmpmd'.enciialfi.esgosa
I
I
I
2. lncendio i11tencio11al
I
I
I
3. Agresio:n
I
I
I
4. Agresian agravada
I
I
I
5. Adm-nistrnmio:n ilegal de li:oores intoxica11tes, drogas mrrc6ticas.o drogas p igrosas
I
I
I
6. Agresian pel'igrosa o mortal por parte de prisionero o menor
I
I
I
1
Plisioneros quienes OOl'f eten agresi6n 00111ell[pn:oposito de·amrninarse o parti:cipar
.
e111u111moti111
I
I
I
8. Agresian rnediante animates viciosos
I
I
I
'9. liml:eo d'.esde auto
i
i
i
Ul Agresio:n cmtra los empJeados o voluntario-sy en13leolidos dellhospital estatall
I
I
I
11_ Disparar un amia de ruego 0011tra una estlil.lctura
I
I
I
12_ Agresio:n por parte de [Plisionero con1111-dos oolJ)Orales
I
I
I
68
Area Agency on Aging, Region One Contract FY 2026
LCR-1□34.!'!F. ORS {111!-19)
N"S!! aGey:,ra.n,,;er,;Jo.ne,s a.ntemR
'
'
lEstil ustoo esperando elljuicio de o algunai ez ha sid'.o usted oond'.e11ado d,ecorneter, i11t:e11tar d'.e oometer, soli:citar o
faoil'itarn conspirar para cometer uno o mils de estos d'.elilos en este est.mo,o d'.e'lito similar en otra jurtsdia:i6n? Marque,
"Si" o "No" segu1111lo aplicable.
Si iusted esra esperando elljuicio para o ha sidomnd'.enado de oometer, i11t:e11tar de oorneter, soli:citar o raoilitar o
oons,pirarpara oornet:er uno o mas de estos deliitos, DPS denegara, pero 1usted sera el:egible para apeliar la denegaoi&n o1
l!aCon pa:fi'f.i de huellaisdigital:es d'.e Aritono1.
si
NO
1, hlu 0
I
I
2,
Roho rnooiant:eeXJtorsi6n
I
I
3, hlu o d'.e 1nerrandas en una tiendlao negocio
I
I
4. F:allsificacion
I
I
5, Pooesion climin deun nstrurnentode falsiffiracion
I
I
6, Oll1eneriuna firma mediante decepoi&n
I
I
7,
Persanifi:caci6n criminal!
I
I
8, Roho de una ta:rjeta d'.e credlto u obte11er una tarjeta de CFSdio a lrnr\les de medi.os fraudulentos
I
I
DENliiRO
DE!!iAINOS
IMAS DE
§,AINOS,
NG
13_Apm1tar un Laser aiiun age11te de las fuetzas dellord'.en
I
I
I
14_Posesi&n y \l'entai de peyote
I
I
I
15_ Posesi&n y \l'entai de alguna sust:,mcia vaporoso qi,1e contie11e Sll lStam:ias to:x!iras
I
I
I
16_ Vender o dlar oxidonitroso a persanas de menor de,edad
I
I
I
17_Lai venta d'.e quimicas,regllame11t:adlas
I
I
I
18_ La venta d'.e quimicos,prec<L1rsores
I
I
I
19_Proclurni6n o trarn-,portaci6n de,la rnarill,uana
I
I
I
20_Posesi&n, usoo ve11ta d'.emari hluana, d ogas peligrosos o drogas nam5tiras
I
I
I
211_Posesi&n, uso, administraci6n, adquisi:ci6n, venta, f.mricacion o lr.msporte de
drogas sol!as d'.e raceta
I
I
I
22_Adm-nistracion, ad'.quisioi6n, fiabriracion otranporte de drogas peligrosas o drogas
1narr6ticas
I
I
I
23_ Elrablicar m:etanfetanina baj!D oircunstancias qlle causan llelida fisira a un ll e11or
lmjo I.iiedlaclde 15 aoos
I
I
I
24_ El llaoer partiqpar o usar menores dura11te del'itosde drogas
I
I
I
25_Posesi&n,uso, venta o transferencia dela rn-huana,peyote, drogas de rereta,
drogas peligrosas, o drogas 11arcoti:cas o el fabricar d'rogaspeligrosas dentro,de unai
zonai esool!ar llllre d'.e drogas
I
I
I
26_Posesi&n, fabricar, e11t:regar y hacerpu
b cidad de paratemal'ia para drogas
I
I
I
27_El uso de comL111iraciimpar tel'.egramao wmunrcaci6n eleotronrcadura11te
tra11saocio11es reliaoionadoscon drogas
I
I
I
28_El uso de tm ediffioio para \render o rabrtcar d'rogas narc6tiras pelig osas
I
I
I
29- Elrablicar o dismbu-r d ogas,dispo11ibles.solo par recetai
I
I
I
30_ Elrablicar, disbi 'llu-r, poseer, o poseer ran elproposito ai11,1sarsu;sta11ci!as
I
I
I
,oon1rolados,deillitaci6nd ogas,solode reoeta de imilaciono drogassin reoota de
imitaoion
31_Manufaciura de oiertas sL1bst:a11cias y d ogas,a traves de ciertos med10s
I
I
I
nelmtos apeh:1bles
69
Area Agency on Aging, Region One Contract FY 2026
EXHIBIT E
70
Area Agency on Aging, Region One Contract FY 2026
EXHIBIT F
Unusual Incident Report
Provider:
Site:
Date of Incident:
Time of Incident:
Location of Incident:
Name(s) of Person(s) involved:
Telephone report given to: (name of Area Agency staff):
Email/Telephone report given by:
Date:
Time:
Name of Case Manager Notified if applicable:
Nature of Incident (include name(s) of client(s) and staff involved).
Use additional pages if necessary.
(Print) Name of Person completing the report:
Signature of person completing the report:
Instructions
Any incident occurring at an Area Agency on Aging, Region One supported facility or within services must be reported. A
telephone call to the Area Agency Contract staff (602-264-2255) must occur promptly on serious (911) incidents. This report
for all incidents must be emailed to Area Agency within 24 hours. Email to contractsdepartment@aaaphx.org
71
Area Agency on Aging, Region One Contract FY 2026
COMMUNICATION PAGE
(not an integral page of the Contract)
EMAIL COMMUNICATIONS TO:
pyabes@buckeyeaz.gov
rroach@buckeyeaz.gov