MARICOPA COUNTY CORRECTIONS - COMPETITION IMPRACTICABLE (8-17).PDF
Extracted text (via tesseract_tsv)
56934 characters
SERIAL 180007-CI CONTRACT PURSUANT TO COMPETITION IMPRACTICABLE SERIAL 180007-CI This Contract is entered into this 23rd day of August, 2017 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 (1) year, beginning on the day 23rd of August, 2017 and ending the 31° day of August, 2018. 1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of three (3) additional one (1) year renewal, (or at the County’s sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter. 2.0 FEE ADJUSTMENTS: 2.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted fee, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey. 3.0 PAYMENTS: 3.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit “A.” 3.2 Payment shall be made upon the County’s receipt of a properly completed invoice. 3.3 INVOICES: 3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: . Company name, address and contact . County bill-to name and contact information ° Contract Serial Number . County purchase order number . Invoice number and date SERIAL 180007-ClI ° Payment terms ® Date of service ° Quantity (number of days or weeks) . Contract Item number(s) ° Description of Purchase (services) * Pricing per unit of purchase ° Extended price ° Total Amount Due 3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 3.3.3 Payment shall 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 located on the County Department of Finance Vendor Registration Web Site (https://azdom-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService). 3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 3.3.5 EFT payments to the routing and account numbers designated by the Contractor will 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. 3.4 APPLICABLE TAXES: 3.4.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 3.4.2 State_and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract_it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 3.4.3 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 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 Worker’s Compensation. 3.5 TAX: (SERVICES) No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price. 4.0 AVAILABILITY OF FUNDS: 4.1 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. SERIAL 180007-ClI 4.2 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 ten (10) days in advance. 5.0 DUTIES: 5.1 The Contractor shall perform ali duties stated in Exhibit “B”, or as otherwise directed in writing by the Procurement Officer. 5.2 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. 6.0 TERMS and CONDITIONS: 6.1 INDEMNIFICATION: 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, agents, 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. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, 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, any one 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. 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 paragraph. The scope of this indemnification does not extend to the sole negligence of County. 6.2 INSURANCE: 6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. 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. 6.2.2 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 SERIAL 180007-CI completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 6.2.4 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. 6.2.5 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. 6.2.6 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. 6.2.7 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. 6.2.8 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 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. 6.2.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella 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. 6.2.10 Workers’ Compensation: 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. Contractor, its contractors and its subcontractors waive all rights against 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 contractors and its subcontractors pursuant to this Contract. SERIAL 180007-CI 6.2.11 Medical Malpractice: Medical Malpractice insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for Medical Malpractice of the Contractor, with limits of no less than $5,000,000 for each claim. 6.2.12 Certificates of Insurance. 6.2.13.1 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. 6.2.13.2 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. 6.2.13.3 Ifa policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 6.3 FORCE MAJEURE: 6.3.1 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 will include 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, interruption or failure of electricity or telecommunication service. 6.3.2 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. 6.3.3 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. 6.3.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non-performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion. 6.4 WARRANTY OF SERVICES: 6.4.1 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. SERIAL 180007-ClI 6.4.2 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. 6.5 REQUIREMENTS CONTRACT: 6.5.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved. 6.5.2 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, shipment of product prior to issuance of Purchase Order, etc. 6.5.3. Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy. 6.6 BACKGROUND CHECK: Contractors need to be aware that there may be multiple background checks (Sheriff's Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the County. This applies to (but is not limited to) the company and sub-contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract. 6.6.1 Review Detention and Sheriff's Office Facilities Security Guidelines (effective: 1/28/2014). 6.6.2. Complete and return the Maricopa County Sheriff's Office Acknowledgement of Prison Rape Elimination Act (PREA). 6.6.2.1 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. 6.6.2.2 All personnel will need to renew contractor badges every six (6) months (June & December) and classes will follow this time frame. 6.6.2.1.1 Class times are negotiable but not billable expenses. 6.7 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 SERIAL 180007-ClI 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 after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 6.8 STOP WORK ORDER: 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 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 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either— 6.8.1 Cancel the stop-work order; or 6.8.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract. 6.8.3. The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, 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. 6.9 UNCONDITIONAL TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 6.10 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 6.10.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 6.10.2 Make progress, so as to endanger performance of this contract; or 6.10.3. Perform any of the other provisions of this contract. 6.10.4 The County’s right to terminate this contract under these subparagraph may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. 6.11 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. SERIAL 180007-CI 6.12 CONTRACTOR LICENSE REQUIREMENT: 6.12.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, 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 using agency of any and all changes concerning permits, insurance or licenses. 6.12.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. 6.13 SUBCONTRACTING: 6.13.1 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 project. 6.13.2 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 or the County has approved the increase. 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. 6.14 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. 6.15 ADDITIONS/DELETIONS OF SERVICE: 6.15.1 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. 6.15.2 The County reserves the right of final approval on proposed staff for all Task Orders. 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. 6.16 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. SERIAL 180007-CI 6.17 RIGHTS IN DATA: 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. 6.18 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 may be viewed and downloaded at the Governor of the State of Arizona’s website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which 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. 6.19 ISRAEL BOYCOTT: By signing this Contract, the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq. 6.20 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 6.20.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor 6.20.1.1 is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; 6.20.1.2 have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 6.20.1.3 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 6.20.1.4 have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default. 6.20.2. The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. 6.21 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 6.21.1 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 SERIAL 180007-Cl 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 USCIS.GOV. 6.21.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.21 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. 6.22 INFLUENCE: As prescribed in MC1-1202 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. An attempt to influence includes, but is not limited to: 6.22.1 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, 6.22.2 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. 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. 6.23 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. 6.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 6.24.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. 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. 6.24.2 Ifthe 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 SERIAL 180007-CI document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 6.24.3 Ifat 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 deduction from current billings Submitted by the Contractor by 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. 6.25 AUDIT DISALLOWANCES: If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. 6.26 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. 6.27 PUBLIC RECORDS: Under Arizona law, all Contracts are public records and must be retained by the Records Manager at the Office of Procurement Services. Contracts shall be open to public inspection and copying after Contract award and execution, except for such Contracts or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. 6.28 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. 6.29 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, express or implied. 6.30 RELATIONSHIPS: 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. 6.31 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 or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona 6.32 ORDER OF PRECEDENCE: SERIAL 180007-CI 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. 6.33 INCORPORATION OF DOCUMENTS: The following are to be attached to and made part of this Contract: 6.33.1 Exhibit A, Pricing; 6.33.2 Exhibit B, Scope of Work; 6.33.3 Exhibit C, Detention and Sheriffs Office Facilities Security Guidelines, Effective: 1/28/2014; and 6.33.4 Exhibit D, Maricopa County Sheriff's Office Acknowledgement of Prison Rape Elimination Act (PREA). NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: Maricopa County Office of Procurement Services ATTN: Contract Administration 320 West Lincoln Street Phoenix, Arizona 85003-2494 For Contractor: Southwest Behavioral & Health Services ATTN: Mr. Jeff Jorde, Chief Executive Officer 3450 N 3" Street Phoenix, AZ 85012 SERIAL 180007-CI IN WITNESS WHEREOF, this Contract is executed on the date set forth above. CONTRACTOR AUT# ATURE Jer woe’ CEO President PRINTED NAME AND TITLE 2usod N. Arad See Pnveny, ALeSoy2. ADDRESS Beef DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL 180007-ClI EXHIBIT A PRICING SERIAL180007-CI NIGP CODE: 035-20 RESPONDENT'S NAME: Southwest Behavioral & Health Services COUNTY VENDOR NUMBER : VC000007145 ADDRESS: 3450 N 3 Street Phoenix, AZ 85012 P.O. ADDRESS: TELEPHONE NUMBER: (602) 525-7669 FACSIMILE NUMBER: WEB SITE: http://www.sbhservices.org CONTACT (REPRESENTATIVE): Jeff Jorde, CEO REPRESENTATIVE'S E-MAIL ADDRESS: jeffi@sbhservies.org Proposed Budget Personnel Costs Staff Salary x 2 Full Time FTE $70,720 ERE Employee Related Expense @ 25% $17,680 Subtotal $88,400 Equipment Smart Phone $1550 Wireless Card $1440 Laptop Computer $2400 Wireless Printer $400 Subtotal $5790 Travel Vehicle Mileage $2400 Subtotal $2400 Materials and Supply General Fund- Program Supply $ 0 Office Supplies $400 Subtotal $ 400 Operating Allocation Operating Costs $5350 Administration @7% $6789 Subtotal $12,139 Total Cost Proposed, Year One $109,129 SERIAL 180007-CI EXHIBIT B SCOPE OF WORK INTENT: The objective of this project is to provide Maricopa County’s Correctional Health Services (CHS) with complementary behavioral health services at 4 Avenue Intake 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 offers this Request for Proposal (RFP) for 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. 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 4% Avenue Central Intake 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 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. SERIAL 180007-CI 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 CIET. 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 atrest which can easily be avoided with services such as those offered by SWBH. 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: 0 Identification of individuals eligible for the diversion program Eligible individuals consent for the CJET program Individuals leaving intake and going with the CJET pick up team 00000 Individuals participating in the program Reduced recidivism for participants 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. 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. 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. e Agency staff must have access to the RBHA-MMIC data system portals to be able to identify their SMI status. e 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. SERIAL 180007-CI e 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. 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. 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. 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. SERIAL 180007-Cl EXHIBIT C DETENTION AND SHERIFF’S OFFICE FACILITIES SECURITY GUIDELINES Effective: 01/28/2014 PART 1 — GENERALACCESS 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 Sheriffs 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 required work assignment. Contractor personnel shall complete a Sheriff's Office Application for Jail Access 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 Volunteer Coordinator who will then forward the forms to the Sheriff's Office Records and ID Division for processing. Forms must be submitted to the Maricopa County Sheriffs Office Volunteer Coordinator in the Custody Support Division at least TEN (10) working days prior to the date required to access the facility. You can reach Bridgette Mack at 602-876-7207 (Mon — Fri). The information provided on the Maricopa County Sheriff's Office Application for Jail Access form will be used to conduct a criminal history check. Any resulting criminal history documentation will be forwarded to the Sheriff's Office Volunteer 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: Be at least eighteen (18) years of age. There will be no exceptions. sp At least twelve (12) months must have elapsed since serving a term of probation or parole. If the ex-offender served a jail sentence as the result of a misdemeanor conviction, a minimum of twelve (12) months must have elapsed since last being incarcerated in any jurisdiction. If the ex-offender served a jail or prison term as a result of a felony conviction, access will be determined for programs on a case by case basis. Contractor personnel who are approved after a criminal history check shall be issued a Sheriff's Office Volunteer Badge. The card remains the property of the Sheriff's Office and may be revoked if the following rules and regulations are not adhered to: 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 Sheriffs Office facility. All personnel are required to submit to a search for contraband, if asked. Contractor personnel are prohibited from duplicating the card. Contractor personnel who lose their access cards shall report the loss to the Jail Commander or Sheriff's Office Volunteer Coordinator as soon as possible. Allowing another person to use the I.D. Card is prohibited. SERIAL 180007-CI 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 Sheriffs Office Volunteer Coordinator within twenty-four hours. Contractor’s personnel access may be subsequently suspended or revoked at the discretion of the Sheriffs office Volunteer Coordinator, Facility Commander/ District Commander or designee. All concerns regarding contractor personnel should be forwarded to the Sheriff's Office Volunteer Coordinator. The services of any contractor may be reduced, postponed or discontinued for any of the following reasons: Violating these guidelines. Participating in unlawful or immoral conduct. 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 anyone involved. Reporting to work with any odor of intoxicating beverage on their breath or while under the influence of any intoxicating beverage to any degree. Behaving in a manner which threatens the safety and security of the jail, staff or inmate. rh Unauthorized contact with inmates. ga 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. Possession of any weapon on or near County property. Failure to follow the directions of a Sheriff's Office Staff. oe Being in an unauthorized area. Possession of tobacco products, including electronic cigarettes or pipes, alcohol, and weapons are strictly prohibited on jail premises. — Under no circumstances will cell phone cameras be used without the express permission of the Jail Commander/District Commander or designee. Under no circumstances will MP3 players, radios, I-Pods or similar devices be permitted on to the facility. Contraband as defined in Arizona Revised Statute §13-2501. The Sheriff's Office Volunteer Badge Card is to be used for no other purpose than to access the specific areas related to the individuals required duties. On completion or termination of services, the cardholder shall immediately return the card to the Jail Commander/District Commander, or the Sheriff’s Office Volunteer Coordinator. SERIAL 180007-CI 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 and sexual harassment 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. The Sheriff's Office has a zero tolerance for any incidents of sexual abuse, sexual harassment, or voyeurism. The Sheriff's Office will enforce State and Federal Laws, and seek criminal prosecution against any individual committing any acts of sexual abuse, sexual harassment, or voyeurism with an inmate housed in a Maricopa County Sheriff's Office Jail or who is under the supervision of the Maricopa County Sheriff's Office. Voyeurism: An invasion of privacy of an inmate or detainee by a volunteer/contractor. This also includes taking pictures or video of inmates with cell phones or other devices. Cell phones are not allowed in any jail facility. Volunteer/Contractor Training: Volunteers/Contractors or persons that provide volunteer or contracted services to the Office who may come into contact with inmates or detainees shall acknowledge their understanding of the PREA Standards in writing as part of their volunteer/contractor 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 licensing bodies, and where appropriate, criminally investigated, unless the activity was clearly not criminal. The Sheriffs 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 a sexual nature or any form of sexual harassment or voyeurism. 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 uniformed personnel as soon as practical. Failure to follow these guidelines may result in criminal prosecution against you and termination of your services. el Jude. Print Name wok oA Th |) eA Date ©!