220001 SOUTHWEST BEHAVIORAL SIGN BY VENDOR 06.24.21.PDF
Extracted text (via pymupdf_layout)
76370 characters
DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 CONTRACT BEHAVIORAL HEALTH 220001-CI This contract is entered into this 14th day of July, 2021 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Southwest Behavioral & Health Services, an Arizona corporation (“Contractor”) for the purchase of behavioral health services. 1.0 CONTRACT TERM 1.1 This contract is for a term of one year, beginning on the 1st of August, 2021 and ending the 31st of July, 2022. 2.0 OPTION TO RENEW The County may, at its option and with the concurrence of the Contractor, renew the term of this contract up to a maximum of four additional year(s), (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. 3.0 CONTRACT COMPLETION In preparation for contract completion, the Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records and other data in the possession, custody, or control of the Contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.0 PRICE ADJUSTMENTS Any requests for reasonable price adjustments must be submitted 60 calendar days prior to contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the contract. The new change shall not be in effect until the date stipulated on the updated version of the contract. 5.0 PAYMENTS 5.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit A – Pricing. 5.2 Payment shall be made upon the County’s receipt of a properly completed invoice. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP 5.3 INVOICES 5.3.1 The Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Project name and/or number • Invoice number and date • Payment terms • Date of service or delivery • Quantity • Contract item number(s) • Arrival and completion time • Description of purchase (product or services) • Name and booking number of each patient whom the service was provided • Name/identifier of CHS facility for which services were provided • Pricing per unit of purchase – include an itemized breakdown of each cost involved • Extended price • Total amount due 5.3.2 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 5.3.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an electronic funds transfer (EFT) process. After contract award, the Contractor shall complete the Vendor Registration Form accessible from the County Department of Finance Vendor Registration Web Site https://www.maricopa.gov/5169/Vendor- Information. 5.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 5.3.5 EFT payments to the routing and account numbers designated by the Contractor shall include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 5.4 APPLICABLE TAXES 5.4.1 It is the responsibility of the Contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 5.4.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide Contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds overpayment of a project due to tax consideration that was not due, the Contractor will be liable DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 5.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to, hold Maricopa County 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 workers’ compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to the City or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 6.0 AVAILABILITY OF FUNDS 6.1 The provisions of this contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this contract. County shall keep the Contractor fully informed as to the availability of funds. 6.2 If any action is taken by, any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. 7.0 DUTIES 7.1 The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed in writing by the procurement officer. 7.2 During the contract term, County may provide Contractor’s personnel with adequate workspace for consultants and such other related facilities as may be required by Contractor to carry out its contractual obligations. 8.0 TERMS AND CONDITIONS 8.1 INDEMNIFICATION 8.1.1 To the fullest extent permitted by law, and to the extent that claims, damages, losses, or expenses are not covered and paid by insurance purchased by the contractor, the contractor shall defend, indemnify, and hold harmless the County (as Owner), its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from, the negligent acts, errors, omissions, or mistakes relating to the performance of this contract. 8.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP injury, sickness, disease, death, or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8.1.3 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section. 8.1.4 The scope of this indemnification does not extend to the sole negligence of County. 8.2 INSURANCE 8.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 8.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract. 8.2.3 In the event that the insurance required is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 8.2.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 8.2.5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 8.2.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 8.2.7 The insurance policies required by this contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds. 8.2.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractor’s work or service. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP 8.2.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 8.2.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 8.2.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the premises under this contract. 8.2.9.3 Workers’ Compensation 8.2.9.3.1 Workers’ compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 8.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this contract and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the workers’ compensation and Employer’s Liability or Commercial Umbrella Liability insurance obtained by Contractor, its subcontractors, and its sub- subcontractors pursuant to this contract. 8.2.9.4 Errors and Omissions/Professional Liability Insurance Errors and Omissions (Professional Liability) insurance which will insure and provide coverage for errors or omissions or professional liability of the contractor, with limits of no less than $1,000,000 for each claim. 8.2.9.5 Sexual Molestation and Physical Abuse The policy shall be endorsed to include coverage for sexual molestation and physical abuse at limits not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate. These limits may be included within a General Liability policy, Professional Liability policy or provided by separate endorsement with its own limits as required. Contractor must provide the following statement on their Certificate(s) of Insurance: DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP “Sexual molestation and physical abuse coverage is included.” Policies/certificates stating that “Sexual molestation and physical abuse coverage is not excluded” do not meet this requirement. 8.2.10 Certificates of Insurance 8.2.10.1 Prior to contract award, Contractor shall furnish the County with valid and complete Certificates of Insurance, or formal endorsements as required by the contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and title. 8.2.10.2 In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual certificates of insurance. 8.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 8.2.11 Cancellation and Expiration Notice Applicable to all insurance policies required within the insurance requirements of this contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two business days of receipt, 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 Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 160 S. 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 8.3 FORCE MAJEURE 8.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes include, but are not limited to, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service, and pandemic. 8.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 8.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP 8.4 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 8.5 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 8.6 PURCHASE ORDERS 8.6.1 County reserves the right to cancel purchase orders within a reasonable period of time after issuance. Should a purchase order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the purchase order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, or for shipment of product prior to issuance of purchase order. 8.6.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County procurement officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 8.7 BACKGROUND CHECK Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office, County Attorney's Office, Courts, as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to, but is not limited to, the company, subcontractors, and employees, and the failure to pass these checks shall deem the respondent non-responsible. 8.7.1 Review Detention and Sheriff’s Office Facilities Security Guidelines (effective: 1/28/2014). 8.7.2 Complete and return the Maricopa County Sheriff’s Office Acknowledgement of Prison Rape Elimination Act (PREA). 8.7.2.1 Please note that ALL personnel that enter MCSO Detention Facilities MUST attend a class provided by the Sheriff’s Office regarding PREA and may include Security Issues and Contraband and Safety Procedures. 8.7.2.2 All personnel will need to renew contractor badges every six (6) months (June & December) and classes will follow this time frame. 8.7.2.3 Class times are negotiable but not billable expenses. 8.8 SUSPENSION OF WORK The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the procurement officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 8.9 STOP WORK ORDER 8.9.1 The procurement officer 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 a period of 90 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. 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. Within a period of 90 calendar days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either: 8.9.1.1 cancel the stop work order; or 8.9.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 8.9.1.3 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor 8.10 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the Contractor. 8.11 TERMINATION FOR DEFAULT 8.11.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 8.11.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 8.11.1.2 make progress, so as to endanger performance of this contract; or 8.11.1.3 perform any of the other provisions of this contract. 8.11.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure. 8.12 PERFORMANCE It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform, and any price differential will be charged against the Contractor. 8.13 CONTRACTOR EMPLOYEE MANAGEMENT 8.13.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP 8.13.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 8.13.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. 8.13.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. 8.13.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 8.13.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. 8.14 WARRANTY OF SERVICES 8.14.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the contract, including all descriptions, specifications, and attachments made a part of this contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 8.14.2 In addition to its other remedies, County 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 the provisions of this contract in the manner and to the same extent as services originally furnished hereunder. 8.15 INSPECTION OF SERVICES 8.15.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the contract requires. 8.15.2 County has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 8.15.3 If any of the services do not conform to contract requirements, County may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 8.15.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 8.15.3.2 reduce the contract price to reflect the reduced value of the services performed. 8.15.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, County may: 8.15.4.1 by contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP incurred by County that is directly related to the performance of such service; or 8.15.4.2 terminate the contract for default. 8.16 USAGE REPORT The Contractor shall furnish the County a usage report, upon request, delineating the acquisition activity governed by the contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit of measure. 8.17 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. 8.18 OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 8.19 SUBCONTRACTING 8.19.1 The Contractor may not assign to another Contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project. 8.19.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s rate, as bid in the pricing section, unless the prime Contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime Contractor, who in turn shall pass-through the costs to the County, without mark- up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s invoice. 8.20 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 8.21 ADDITIONS/DELETIONS OF REQUIREMENTS The County reserves the right to add and/or delete materials and services to a contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a contract, prices for such additions will be negotiated between the Contractor and the County. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP 8.22 RIGHTS IN DATA 8.22.1 The County shall have the use of data and reports resulting from a contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a contract and to the performance thereunder. 8.22.2 Data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. 8.23 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 8.23.1 In accordance with Section MC1-373 of the Maricopa County Procurement Code, the Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract for six years after final payment or until after the resolution of any audit questions, which could be more than six years, whichever is longest. The County, Federal or State auditors and any other persons duly authorized by the department shall have full access to and the right to examine, copy, and make use of, any and all said materials. 8.23.2 If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 8.24 AUDIT DISALLOWANCES If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check, or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 8.25 STRICT COMPLIANCE Acceptance by County of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract. 8.26 VALIDITY The invalidity, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of the contract. 8.27 SEVERABILITY The removal, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of this contract. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP 8.28 RELATIONSHIPS 8.28.1 In the performance of the services described herein, the Contractor shall act solely as an independent Contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co- employee, partnership, principal and agent, or joint venture between the County and the Contractor. 8.28.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 8.29 NON-DISCRIMINATION Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09, including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, Contractor shall not discriminate against any employee, client, or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be downloaded from the Arizona Memory Project at http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.) 8.30 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 8.31 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 8.31.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers, and directors: 8.31.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States department or agency or any state, or local jurisdiction; 8.31.1.2 have not within a three-year period preceding this contract: 8.31.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; or 8.31.1.2.2 been convicted of violation of any Federal or State antitrust statutes or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP 8.31.1.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; 8.31.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and 8.31.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 8.31.1.6 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 8.31.1.7 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors or sub- subcontractors) and in all solicitations for lower tier covered transactions related to this contract. If this clause is applicable to a subcontractor or sub-subcontractor, the Contractor shall include the information required by this clause with their bid. 8.32 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 8.32.1 By entering into the contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. § 23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the procurement officer upon request. These warranties shall remain in effect through the term of the contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the contract and verify employee compliance using the E-Verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at www.uscis.gov. 8.32.2 The County retains the legal right to inspect documents of Contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 8.32.1 of this section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 8.33 CONTRACTOR LICENSE REQUIREMENT 8.33.1 The Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP with and remain in good standing. The Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. 8.34 INFLUENCE 8.34.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for disbarment or suspension under MC1-902. 8.34.2 An attempt to influence includes, but is not limited to: 8.34.3 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy that is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. 8.34.4 If a person attempts to influence any employee or agent of Maricopa County, the chief procurement officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 8.35 CONFIDENTIAL INFORMATION 8.35.1 Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. 8.35.2 The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. The Contractor’s procedures and controls, at a minimum, must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within 15 business days of the written request to do so. 8.35.3 Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 8.36 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the County at the Maricopa County Office of Procurement Services. Offers shall be open to public inspection and copying after contract award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting contract should not be released in response to a public record request, under Arizona law, the offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The records manager of the Office of Procurement Services DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 8.37 INTEGRATION This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, expressed, or implied. 8.38 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 8.39 GOVERNING LAW This contract shall be governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix, Arizona. 8.40 PRICES Contractor warrants that prices extended to County under this contract are no higher than those paid by any other customer for these or similar services. 8.41 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this contract and Contractor’s license agreement, if applicable, the terms of this contract shall prevail. 8.42 INCORPORATION OF DOCUMENTS 8.42.1 The following are to be attached to and made part of this Contract: 8.42.1.1 Exhibit A – Vendor Information and Pricing 8.42.1.2 Exhibit B – Scope of Work 8.42.1.3 Exhibit C – Sheriff’s Office Contractor and Vendor Facilities Security Access Guidelines, Effective 1/17/2019 8.42.1.4 Exhibit D – Maricopa County Sheriff’s Office Acknowledgement of Prison Rape Elimination Act (PREA) 8.43 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 160 S. 4th Avenue Phoenix, Arizona 85003-1647 DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP For Contractor: Southwest Behavioral & Health Services Mr. Steven Sheets, Chief Executive Officer 3450 N. 3rd Street Phoenix, AZ 85012 8.44 INQUIRIES 8.44.1 Inquiries concerning information herein must be submitted prior to the question deadline date/time posted in the e-procurement platform, Periscope S2G, using the link in the “Q&A” tab. 8.44.2 Administrative telephone/email inquiries shall be addressed to: ANDREA STUPKA, PROCUREMENT OFFICER TELEPHONE: (602) 506-3504 Andrea.Stupka@maricopa.gov 8.44.3 Inquiries may be submitted by telephone but must be followed up in writing. No oral communication is binding on Maricopa County. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP IN WITNESS WHEREOF, this contract is executed on the date set forth above. CONTRACTOR AUTHORIZED SIGNATURE Mike Fett CAO PRINTED NAME AND TITLE 3450 N 3rd Street, Phoenix, AZ 85012 ADDRESS 6/21/2021 DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP EXHIBIT A VENDOR INFORMATION AND PRICING SERIAL 220001-CI NIGP CODE: 95867 RESPONDENT'S NAME: Southwest Behavioral & Health Services COUNTY VENDOR NUMBER: VC000007145 ADDRESS: 3450 N 3rd Street Phoenix, AZ 85012 P.O. ADDRESS: TELEPHONE NUMBER: (602) 525-7669 FACSIMILE NUMBER: WEB SITE: http://www.sbhservices.org CONTACT (REPRESENTATIVE): Steven Sheets, CEO REPRESENTATIVE'S E-MAIL ADDRESS: MaggieR@SBHSERVICES.ORG CJET Expansion Proposal Proposed Budget Personnel Costs Staff Salary x 2 Full Time FTE $74,256 ERE Employee Related Expense @ 25% $18,564 Subtotal $92,820 Equipment Smart Phone $1,080 Wireless Card $1,080 IT Equipment $1,615 Wireless Printer $0 Subtotal $3,775 Travel Vehicle Mileage $0 Subtotal $0 Materials and Supply General Fund- Program Supply Office Supplies $400 Subtotal $400 Subtotal $96,995 Operating Allocation Operating Costs @5.51% $5,344 Administration @7% $6,790 Subtotal $12,134 Total Cost Proposed, Per Year $109,129 DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP EXHIBIT B SCOPE OF WORK 1. INTENT: The objective of this project is to provide Maricopa County’s Correctional Health Services (CHS) with complementary behavioral health services at the Intake, Transfer and Release Facility (ITR) which will maximize opportunities to divert eligible individuals, designated as Seriously Mentally Ill (SMI), streamline current CHS related intake processes, reduce jail costs by diversion, improve coordination among the various entities at intake including Adult Probation Pre-Trial Services, Initial Appearance Court Officials and staff, and the Regional Behavioral Health Authority, Mercy Maricopa Integrated Care (MMIC) Jail Diversion team. MMIC currently funds the South West Behavioral Health Services (SWBH) Criminal Justice Engagement Team (CJET) to meet eligible, consenting individuals (determined to be low risk offenders and designated SMI), upon release at Initial Appearance Court. Adding agency behavioral health staff within the jail to identify referrals and offer the program with more in-depth explanation and engagement will serve to increase the number of SMI individuals accepting this diversion opportunity. It will thus improve healthcare delivery and quality as well as reduce recidivism for the patient population designated SMI. The goal is to incorporate community behavioral health agency staff experienced in Navigation Services and engagement with SMI individuals who have become involved in the criminal justice system, specifically at the earliest opportunity for engagement and possible diversion to community services. To this end, Maricopa County Correctional Health Services requests an agency to provide these behavioral health services to enhance an existing community funded service that seeks to divert eligible SMI individuals at the earliest opportunity to promote active engagement with behavioral health services at a critical time to improve outcomes and to reduce future recidivism. 2. PROBLEM STATEMENT AND BACKGROUND: Correctional Health Services provides integrated health screening to the large population booked into the Maricopa County Jails (95,000 in 2016). In addition, CHS Mental Health (MH) staff, stationed at the ITR 24 hours, 365 days a year, provide crisis intervention services for the population during the intake process including suicide assessment, placement and monitoring of individuals on suicide watch until such time as the individual is safe. MH staff must see all individuals who report any history of mental health treatment and/or symptoms prior to leaving intake within the 24-hour time mandated time frame. Mental Health staff participate in decisions with the multi-discipline team regarding appropriate housing placement for individuals who remain in custody after Initial Appearance. For individuals leaving custody, CHS MH also engages the community crisis team for individuals unsafe for release and works to identify community navigators who may pick other individuals up who would fare better than being released directly to the street. The 12 FTE MH staff who must cover all shifts, all days of the week thus see, face to face, 20 or more individuals on a given shift, making Intake the busiest clinic environment for CHS. Maricopa County Justice Steering Committee has authorized its subcommittee, Smart Justice to develop goals, objectives and strategies to reduce the population and length of stay (LOS) of the Maricopa County Jails, to reduce recidivism and particularly, to do so for the vulnerable SMI population. Accordingly, Smart Justice developed goals that were forwarded and adopted by MC Justice, one of which (involving reducing the number of and LOS for SMI population) was adopted by the Maricopa County Board of Supervisors. In addition, Maricopa County became one of the early adopters of the National Stepping Up Proclamation (May 2015) directing resources and efforts to reduce the incidence of SMI in the jail and to work toward diversion and treatment solutions to reduce LOS and recidivism. The Maricopa County team was selected as one of 50 Counties to attend the National Stepping Up Summit in Washington DC in April 2016. MMIC was a member to the Maricopa County team. As a direct outcome to this Summit and the earlier Smart Justice Committee work, MMIC identified funding and developed the SWBH CJET project, a novel approach to diversion for low risk SMI individuals at the earliest intercept, post booking. Research conducted in 2016 by Maricopa County Justice Systems Planning and Information confirmed that DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP chances for recidivism are dramatically increased by stays in jail for as few as 72 hours. Given the vulnerability of the SMI population, it is apparent that avoiding jail stays beyond 24 hours is a worthy goal. According to Medicaid rules, services for inmate populations, besides limited case management by an assigned SMI clinic staff, cannot receive reimbursement. Thus, the SWBH CJET arrives at the jail twice daily to pick up eligible individuals who are identified by either Adult Probation or CHS MH staff and who consent to participation with CJET. MMIC had estimated that as many as 200 people could qualify for this diversion program. However, due to the current challenges with MH CHS staff regarding their primary duties, and the same challenges for Adult Probation Pre Trial Services, on average, only 30-35 individuals are being identified per month, with a much smaller percentage of individuals providing consent to participate (typically 40% or less). Notably, for the individuals who do consent, SW BH reports high retention rates for the 90 days of service available to participants to help them receive necessary services (health/behavioral health and social supports) as well as support to comply with court processes. It should be noted that the largest single reason for the SMI population to book into jail is Failure to Appear (FTA), an arrest which can easily be avoided with services such as those offered by SWBH. 3. EXPECTED OUTCOMES: CHS expects that having within jail embedded community behavioral health staff, experienced in engagement, assessment, community transition and treatment with the justice involved SMI population, will dramatically increase the following: o Identification of individuals eligible for the diversion program o Eligible individuals consent for the CJET program o Individuals leaving intake and going with the CJET pick up team o Individuals participating in the program o Reduced recidivism for participants o Identification and engagement of other individuals with SMI or other serious mental health needs who may become more receptive to service in the jail and to accept community transition services. It is expected that the increase in individuals identified for the program will at least triple. If MMIC sees that the program is not being utilized, it is reasonable to expect that funding for the program may not continue which would be a loss of a valuable service to meet established County Goals. In addition, CHS expects there will be less duplication of work with Adult Probation and less interruption of their primary responsibilities involved in assuring safety and medically necessary treatment of the population while at intake. 4. SCOPE OF WORK: The agency will provide trained behavioral health staff, as described above, with expertise in engagement, assessment, treatment and community engagement of the justice involved SMI population such that they can operate effectively in a high volume, high acuity and complex environment. These staff will interface with individuals who have been booked after determining SMI status through the MMIC portal and/or communication with Adult Probation and/or CHS MH staff. They will focus primarily on the population determined to be eligible by Adult Probation and/or CHS by virtue of representing low risk in the community. These staff will interact with the eligible population in between and/or in collaboration with Adult Probation Pre-Trial services staff during their assessment, CHS MH staff during their patient assessment and intervention, MCSO officers responsible for transporting and monitoring individuals through the various intake processes, including the release process, with the MMIC Jail Diversion staff to avoid overlap and duplication of duties, and finally with the Superior Court judicial officers and staff up to and including IA court. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP a. MANDATORY REQUIREMENTS: • Agency staff need to have availability and flexibility to be present at Intake at intervals across the 24 hour and 7-day week cycle, mirroring the times when individuals are booked. • Agency staff must have access to the RBHA-MMIC data system portals to be able to identify their SMI status. • Agency staff must be able to function in a jail setting, to pass necessary background checks and to conduct themselves in a high security environment. • Agency staff must be able to interact with CHS staff, all disciplines, Adult Probation and MCSO Detention Officers and Superior Court judicial officers and staff. b. DESIRED REQUIREMENTS: The applying agency will utilize at least some staff known as “peers” who have shared and lived experience either through involvement in the criminal justice system and/or with their own behavioral health issues. This peer model endorsed and supported by Substance Abuse and Mental Health Services Administration (SAMHSA) is an Evidence Based Practice that leads to better outcomes through increased engagement with the targeted population. c. IMPLEMENTATION SERVICES: It is expected that the agency will be able to provide services after mandatory processes such as CHS orientation and MCSO background check and badging occur. d. FACILITIES: During the course of this Contract, the County shall provide the Contractor’s personnel with adequate workspace for consultants and such other related facilities as may be required by Contractor to carry out its obligation. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP EXHIBIT C SECTION 01000 SHERIFF’S OFFICE CONTRACTOR AND VENDOR FACILITIES SECURITY ACCESS GUIDELINES Effective: 1/17/2019 PART 1 – GENERAL ACCESS REQUIREMENTS AND SECURITY BACKGROUND CHECKS For the purpose of this procedure, the following terms shall apply Acceptable ID: Identification documents such as a driver’s license, passport or military ID which contain at a minimum: date of birth, sex and either a clear photograph or a second numerical identifier, such as a Social Security number. If an Arizona Driver License number is not submitted, the applicant must submit to a digital photograph that will be used during the background investigation and for an ID card if appropriate. Contractor Personnel: Non-employees who provide services in any Sheriff’s Facility on a regular or irregular basis. Contractor personnel shall have entry to detention or district facilities at the discretion of the Sheriff or his designee for the duration of the construction project. Contractor personnel shall complete a Sheriff’s Office Application for Courtesy Identification and the Prison Rape Elimination Act forms prior to performing any services or gaining access to any Sheriff’s Office Facility. Application forms shall be completely and legibly filled out and signed. False statements shall be grounds for disqualifying the applicant. Application forms shall be submitted to the Facilities Management Project Manager who will then forward the forms to the Sheriff’s Office Facilities Project Coordinators for processing. Forms must be submitted to the Maricopa County Sheriff’s Office Facilities Project Coordinators in the Construction Maintenance Division at least TEN (10) working days prior to the date required to access the facility. You can reach Karl Gosch at 602-876-4479 or by cell at 602-527-2194 (Mon – Fri). You can also reach Ron Matula at 602-876-4918 (Mon – Fri). The information provided on the Maricopa County Sheriff’s Office Application for Courtesy Identification form will be used to conduct a criminal history check. Any resulting criminal history documentation will be forwarded to the Sheriff’s Office Facilities Project Coordinator, or his designee. It will be reviewed on a case by case basis to determine whether the applicant poses any risk to the safety of any persons, or to the security of any jail or facility. Applicants must meet the following conditions to be approved by the Sheriff or his designee for access to Sheriff’s Office Facilities: a. The applicant must be at least eighteen (18) years of age. There will be no exceptions. b. At least one year must have elapsed since serving a term of probation or parole. If parole or probation is a result of a sexual crime the applicant shall not be granted access. c. If the applicant has been incarcerated in any correctional, detention, or booking facility, regardless of the duration of time spent in custody, including those who have been processed on a summons booking, shall be required to wait for a minimum period of one year from the date of their release prior to being granted access. d. If the applicant has been convicted of any misdemeanor a minimum period of one year must have elapsed from completion of the court order. e. Applicant shall not have committed any misdemeanor acts with such a frequency or such a nature so as to indicate disrespect for the law and disregard for the safety of other persons. f. Any applicant that has a crime that was sexually related shall not be granted access into Sheriff’s facilities in order to comply with Prison Rape Elimination Act (PREA) Standards. At a minimum, every five years, the Sheriff’s Office shall conduct criminal records checks on all current applicants for investigations of allegations of sexual abuse. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP g. If the applicant served a jail or prison term as a result of a felony conviction, the Sheriff’s Office, in its sole and absolute discretion, may deny the applicant access to its facilities. h. If after access is granted it is determined that an applicant is on parole, probation, any type of work release, or has ever been convicted of a felony, they shall not be granted access. i. Applicants must not have had a license suspension within the past one year calculated from the date of suspension. Contractor personnel who are approved after a criminal history check shall be issued a Sheriff’s Office Facility Visitor Card. The card remains the property of the Sheriff’s Office and may be revoked if the following rules and regulations are not adhered to: a. The card shall be worn in plain view on the front of the shirt or on a chain around the neck at all times while in a Sheriff’s Office facility. b. All personnel are required to submit to a search for contraband, if asked. c. Contractor personnel are prohibited from duplicating the card. d. Contractor personnel who lose their access cards shall report the loss to the Jail Commander or Sheriff’s Office Facilities Project Coordinator as soon as possible. e. Allowing another person to use the I.D. Card is prohibited. Contractor personnel who are approved after a criminal history check may be placed on a list and only those listed will have access to the Sheriff’s Office Facility or Grounds. Contractor’s personnel who become involved in a criminal investigation during the contract period, either on the job or on their own time, must notify the Sheriff’s Office Facility Planning Coordinator within twenty-four hours. Contractor’s personnel access may be subsequently suspended or revoked at the discretion of the Sheriff’s office Facility Planning Coordinator, Facility Commander/ District Commander or designee. All concerns regarding contractor personnel should be forwarded to the Sheriff’s Office Facility Planning Coordinator. The services of any contractor may be reduced, postponed or discontinued for any of the following reasons: a. Violating these guidelines. b. Participating in unlawful or immoral conduct. c. Showing signs of an illness or condition that might interfere with the individual’s ability to perform his duties or threaten the security, health or safety of any one involved. d. Reporting to work with any odor of intoxicating beverage on their breath or while under the influence of any intoxicating beverage to any degree. e. Behaving in a manner which threatens the safety and security of the jail, staff or inmate. f. Unauthorized contact with inmates. g. Possession or use of any controlled substances, narcotics or hallucinogens, except when prescribed by a physician, for any illness or injury unless otherwise provided by the Arizona Revised Statutes §13-2501. h. Possession of any weapon on or near County property. i. Failure to follow the directions of a Sheriff’s Office Staff. j. Being in an unauthorized area. k. Possession of tobacco products, including electronic cigarettes or pipes, alcohol, and weapons are strictly prohibited on jail premises. l. Under no circumstances will cell phone cameras be used without the express permission of the Jail Commander/District Commander or designee. m. Under no circumstances will MP3 players, radios, I-Pods or similar devices be permitted on to the facility. n. Contraband as defined in Arizona Revised Statute §13-2501. The Sheriff’s Office Facility Visitor Card is to be used for no other purpose than to access the specific areas related to the project in progress. On completion of the project, the cardholder shall DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP immediately return the card to the Jail Commander/District Commander, or the Sheriff’s Office Facility Planning Coordinator. PART 2 – FACILITY ENTRY AND EXIT REQUIREMENTS Entry into and exit from the job site will be coordinated with the Jail Commander/District Commander, or his designee, or the Sheriff’s Office Facility Planning Coordinator prior to the commencement of the project. NOTE: ENTRY AND EXIT COULD BE DELAYED DUE TO UNSCHEDULED INMATE MOVEMENT OR ACTIVITIES. The time of entry and exit must be predetermined by the Jail Commander/District Commander or his designee who may consider a more flexible schedule. With the exception of delivery truck drivers, entry will not be granted to any person who is not in possession of a valid Sheriff’s Office Facility Visitor Card or on the access list. At the start of each workday (times will vary), all persons working on this project will enter the grounds at one time in the AM. At the end of each workday (times will vary), all persons working on this project will exit the grounds at one time in the PM. While it is suggested that all contractors bring their lunches, sodas, etc. with them when they enter the grounds each AM, they may depart the grounds for lunch if they so desire, however, they must ALL depart and return at the same time. Port-A-Johns will need to be placed on the grounds by the contractor. An area will be decided by the Jail Commander/District Commander or his designee or the Sheriff’s Office Facility Planning Coordinator. Equipment, and Supplies, etc. may be brought in through the Facilities Vehicle gates. All Weapons and Alcohol are strictly prohibited on jail premises or grounds. Tobacco and tobacco products including electronic cigarettes or pipes cannot be brought into the Facility. The contractor must inventory all tools brought into the facility, before entering and departing the jail grounds. Copies must be provided to the Jail Staff. Contractors may leave tools on site provided they are locked up in a metal storage container in a location approved by the Jail Commander/District Commander or his designee. Tools that are NOT being used must be kept in secured containers or within the immediate reach and control of the contractor. Contractor personnel shall not operate any Sheriff’s Office property. CONTRACTOR MUST IMMEDIATELY REPORT ANY LOSSES OR UNEXPLAINED DAMAGE TO EQUIPMENT TO THE JAIL COMMANDER/OR DISTRICT COMMANDER. Contractors will NOT talk to or associate with any inmate for any reason. PART 3 - DISRUPTION TO ELECTRICAL SERVICE OR WATER SERVICE At least twenty-four (24) hours advance notice shall be provided prior to the electricity or water being shut off TO ANY AREA. The electricity or water service to only one (1) housing unit or building will be shut off at any time. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP The length of time it is off is to be kept to the absolute minimum; however, it MUST never exceed four (4) hours in duration without prior approval. PART 4 – KEYS Keys will NOT be left in any vehicle or piece of equipment that is left unattended. If a key is not required to start any vehicle or piece of equipment, then that vehicle or piece of equipment will be disabled so an inmate will not be able to start it if it is not in the immediate control of a contractor. PART 5 – VEHICLES Only job essential vehicles may be brought onto the grounds. Note that these vehicles will remain on the grounds only long enough so that equipment, supplies, etc., may be loaded/unloaded. Personal vehicles will not be allowed on the grounds. Personal or contractor vehicles parked outside the grounds will not be parked within twenty (20) feet of any fence line or within fifty (50) feet of any fence line gate. PART 6 – MECHANICAL PLANT If cranes or other types of mechanical equipment are to be used or left unattended, a temporary fence must be erected up around them by the contractor. Equipment and supplies will not be staged on grounds without prior approval from the Jail Commander/District Commander, or his designee. PART 7 - EXCAVATION: A minimum of twenty-four (24) hours advance notice shall be provided prior to any digging being done within any secured perimeter fencing. Prior to any excavation, the specific location of underground utilities shall be marked. If there is any doubt of their location, the Facilities Management Project Manager shall be contacted. Any disruption to services will be repaired at the contractor’s expense. All services must be back on-line prior to the contractor leaving for the day. There will be no exceptions. The contractor shall be fully conversant of the location of ALL shut-off valves, (water and gas) and all electrical panels prior to commencing excavation. All excavations MUST be properly marked during daylight hours and adequately illuminated and marked during the hours of darkness. All excavations that go under any fence line or gate MUST be completely back filled and tamped or covered with a heavy steel plates that are secured to the ground except when the contractor is physically working in that excavated area. AT NO TIME WILL A HOLE OR TRENCH, ETC., THAT GOES UNDER A FENCE OR GATE BE LEFT UNCOVERED IF IT IS UNATTENDED BY THE CONTRACTOR. Equipment and supplies shall NOT be left with twenty (20) feet of any fence or building. Ladders used to access roofs shall NOT be left unattended. All ladders left on the job site shall be secured with a pad lock to prevent their use by unauthorized persons. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP PART 8 – DISRUPTION TO FIRE ALARM SYSTEM The fire alarm system can only be deactivated, reactivated or reset by Maricopa County’s contracted fire alarm system vendor. The Contractor is to complete Section 00865, Fire System Bypass Request Form and submitted to the Facilities Management Project Manager three business days prior to the disabling of any fire alarm or sprinkler system. The contractor will be responsible for all vendor fees for services. IF DIRECTED BY THE SHERIFF’S OFFICE STAFF, WORK MUST BE STOPPED: THIS ORDER MUST BE COMPLIED WITH AND CONTRACTORS MUST LEAVE IMMEDIATELY WITHOUT QUESTIONS, AS THE SAFETY OF THE CONTRACTORS AND THE STAFF COULD BE IN JEOPARDY. BASED ON SECURITY AND SAFETY ISSUES, STRICTER CONTROLS MAY HAVE TO BE IMPLEMENTED; HOWEVER, THE JOB SUPERINTENDENT WILL BE ADVISED PRIOR TO ANY CHANGES BEING MADE. PART 9 - PRISON RAPE ELIMINATION ACT (PREA) “Under the Prison Rape Elimination Act you will be required to be fingerprinted prior to starting any work, and are authorizing the Sheriff’s Office conduct this procedure.” See attached form. PART 10- Telephone or Data Rooms in Sheriff’s Office Facilities The final determination for access in to Telephone or Data Rooms in Sheriff’s Office facilities shall be made by the Telecommunications Commander. Only Terminal Operator Certified Personnel (TOC) shall have access to Criminal Justice information. Please see the Telecommunication Commander for details. DocuSign Envelope ID: 08807EA8-1A91-46BC-85B3-7FB623D04292 SERIAL 220001-RFP EXHIBIT D MARICOPA COUNTY SHERIFF’S OFFICE ACKNOWLEDGEMENT OF PRISON RAPE ELIMINATION ACT (PREA) The Prison Rape Elimination Act (PREA) is a set of federal standards enacted to institute a zero tolerance standard for incidents of sexual abuse in correctional facilities and establishes national standards for the prevention, detection, and response to sexual abuse and sexual harassment. It is the policy of the Maricopa County Sheriff’s Office to prevent detect and respond to incidents of sexual abuse and sexual harassment throughout the Office. The Office has a zero tolerance for any incidents of sexual abuse and sexual harassment. Therefore, the Officer shall impose fair and equitable discipline as necessary against any individual committing sexual abuse or sexual harassment, and when appropriate, pursue criminal charges. Contractor: A person who provides services on a recurring basis pursuant to a contractual agreement within the Office or Maricopa County. Voyeurism: An invasion of privacy of an inmate or detainee by an employee Contractor Training: Contractors or person that provide a contracted service to the Office and may come into contact with inmates or detainees shall acknowledge their understanding of the PREA Standards in writing as part of their volunteer application. Reporting: Volunteers and contractors who become aware of an incident of sexual abuse, sexual harassment, voyeurism, or retaliation against an inmate are required to notify uniformed personnel as soon as practical. Any contractor or volunteer, who engages in sexual abuse, sexual harassment, voyeurism, or retaliation shall be prohibited from contact with inmates, shall be reported to relevant licensed bodies, and where appropriate, criminally investigated, unless the activity was clearly not criminal. The Office shall also consider whether to prohibit further contact with inmates, in the case of any PREA violation by a contractor or volunteer. You are prohibited from fraternizing, having personal contact with inmates to include contact of sexual nature or sexual harassment. Inmates are not allowed to have unauthorized contact with the public, if an inmate attempts to have communication with you or makes inappropriate comments towards you, notify a uniformed personnel as soon as practical. Failure to follow these guidelines may result in criminal prosecution against you. Mike Fett Southwest Behavioral & Health Services Print Name Company Name Signature : 6/21/2021 Date