CTR054521 American Lung Association of Arizona, A4 executed.pdf

CONTRACT AMENDMENT

ARIZONA DEPARTMENT OF

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

TB Treatment Services

Effective upon signature by both parties is mutually agreed that the Contract referenced in this Amendment Four (4) is amended as follows:

1. Pursuant to the Uniform Terms and Conditions, Provision Five (5), Contract Changes, Section 5.1, Amendments, the following changes are made under Amendment Four (4):

1.1. The Special Terms and Conditions are hereby amended with the new Special Terms and Conditions of this Amendment Four (4).

1.2. The Price Sheet is revised and replaced by the Price Sheet of Amendment Four (4). In the Arizona Procurement Portal (APP), the “Price list” tab of the Contract will be revised to reflect the revised pricing upon execution of this Amendment Four (4),

1.3. Exhibit A is revised and replaced with Exhibit A of this Amendment Four (4).

ALL CHANGES ARE REFLECTED IN RED

ALL OTHER PROVISIONS SHALL REMAIN IN THEIR ENTIRETY

Contractor hereby acknowledges receipt and acceptance of above amendment and that a signed copy must be filed with the Procurement Office before the effective date

The above referenced Contract Amendment is hereby executed this _____ day of __________ 20______ at Phoenix, Arizona

(To be filled out by Procurement Office)

Contractor Signature

Contractor Signature Date

Authorized Signatory’s Name and Title

American Lung Association of Arizona

Contractor’s Name Procurement Officer Signature

9/19/23

Chief Mission Officer

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

1. Purpose

Pursuant to provisions of the Arizona Procurement Code, A.R.S. 41-2501 Et Seq., the State of Arizona, Department of Health Services (ADHS) intends to establish a Contract for the materials or services as listed herein.

2. Term of Contract (1 Year)

The term of any resultant Contract shall commence on date of award and shall continue for a period of one (1) years thereafter, unless terminated, canceled or extended as otherwise provided herein.

3. Contract Extensions (5 Year Maximum)

The Contract term is for a one (1) year period subject to additional successive periods of twelve (12) months per extension with a maximum aggregate including all extensions not to exceed five (5) years.

4. Contract Type

X Cost Reimbursement

5. Licenses

The Contractor shall maintain in current status, all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor.

6. Information Disclosure

The Contractor shall establish and maintain procedures and controls that are acceptable to the State for the purpose of assuring that no information contained in its records or obtained from the State or from others in carrying out its functions under the Contract shall be used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the State. The Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the State.

7. Key Personnel

7.1. It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Contract. The Contractor must agree to assign specific individuals to the key positions.

7.2. The Contractor agrees that, once assigned to work under this Contract, key personnel shall not be removed or replaced without written notice to the State.

7.3. Key personnel not available for work under this Contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the State, and shall, subject to the concurrence of the State, replace such personnel with personnel of substantially equal ability and qualifications.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

8. Pricing

Most-Favored Customer - Throughout the life of the contract, the Contractor shall always offer the State the Most- Favored Customer or Highest Tier Customer price discount rate on contracted product(s) concurrent with a published price discount rate made to other Customers (both Private and Public sectors). The Contractor shall extend to the State that most-favored customer or Highest Tier Customer price discount on all new product lines during the life of the contract.

9. Non-Exclusive Contract

This Contract is issued with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source when necessary, or when determined to be in the best interest of the State.

10. Volume of Work

The ADHS does not guarantee a specific amount of work either for the life of the Contract or on an annual basis.

11. Employees of the Contractor

All employees of the Contractor employed in the performance of work under the Contract shall be considered employees of the Contractor at all times, and not employees of the ADHS or the State. The Contractor shall comply with the Social Security Act, Workman’s Compensation laws, and Unemployment laws of the State of Arizona and all State, local, and Federal legislation relevant to the Contractor’s business.

12. Order Process

The award of a Contract shall be in accordance with the Arizona Procurement Code. Any attempt to represent any material and/or service not specifically awarded as being under Contract with ADHS is a violation of the Contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the state inclusive of, but not limited to, Contract cancellation, suspension and/or debarment of the Contractor.

13. Contractor Performance Reports

Program management shall document Contractor performance, both exemplary and needing improvements where corrective action is needed or desired. Copies of corrective action reports will be forwarded to the ADHS Procurement Office for review and any necessary follow-up. The Procurement Office may contact the Contractor upon receipt of the report and may request corrective action. The Procurement Office shall discuss the Contractor’s suggested corrective action plan with the Procurement Specialist for approval of the plan.

14. Payment Procedures

14.1. ADHS accounting will not make payments to any Entity, Group or individual other than the Contractor with the Federal Employer Identification (FEI) Number identified in the Contract. Contractor invoices requesting payment to any Entity, Group, or individual other than the contractually specified Contractor shall be returned to the Contractor for correction.

14.2. The Contractor shall review and insure that the invoices for services provided show the correct Contractor name prior to sending them to the ADHS Accounting Office for payment.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

14.3. If the Contractor Name and FEI Number change, the Contractor must complete an “Assignment and Agreement” form transferring Contract rights and responsibilities to the new Contractor. ADHS must indicate consent on the form. A written Contract Amendment must be signed by both parties and a new W-9 form must be submitted by the new Contractor and entered into the system prior to any payments being made to the new Contractor.

15. Financial Management

15.1. For all contracts, the practices, procedures, and standards specified in and required by the Accounting and Auditing Procedures Manual for Arizona Department of Health Services funded programs shall be used by the Contractor in the management of Contract funds and by the ADHS when performing a Contract audit. Funds collected by the Contractor in the form of fees, donations and/or charges for the delivery of these Contract services shall be accounted for in a separate fund.

15.2. State Funding. Contractors receiving state funds under this Contract shall comply with the certified Compliance provisions of A.R.S. § 35-181.03.

15.3. Federal Funding. Contractors receiving federal funds under this Contract shall comply with the certified finance and compliance audit provision of the Office of Management and Budget (OMB) Circular A-133, if applicable. The federal financial assistance information shall be stated in a Change Order or Purchase Order.

16. Inspection and Acceptance

All services, data, and required reports are subject to final inspection, review, evaluation and acceptance by the ADHS. The ADHS may withhold payment for services that are deemed to not meet Contract standards.

17. Authorization for Services

Authorization for purchase of services under this Contract shall be made only upon ADHS issuance of a Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. ADHS shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order. No further obligation for payment shall exist on behalf of ADHS unless a) the Purchase Order is changed or modified with an official ADHS Procurement Change Order, and/or b) an additional Purchase Order is issued for purchase of services under this Contract.

18. Indemnification Clause

18.1. Contractor shall indemnify, defend with counsel reasonably approved by the State, and hold harmless, the State, its departments, agencies, boards, commissions, universities, officers, agents and employees (collectively, the "Indemnitee") from and against any and all claims, actions, damages, costs (including attorneys' fees), and losses arising under this Contract, including, but not limited to, bodily injury or personal injury (including death) or loss or damage to tangible or intangible property, but excluding damages arising solely from the gross negligence or willful misconduct of the Indemnitee. This indemnification obligation includes any claim or amount arising out of, or recovered under, the Workers' Compensation Law or arising out of the failure of Contractor to comply with any federal, state or local law, statute, ordinance, rule, regulation or court decree. Contractor shall have control, subject to the reasonable approval of the State, of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when substantial principles of government or public

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer law are involved, or when involvement of the State is otherwise mandated by law, the State may elect, in its sole and absolute discretion, to participate in such action at its own expense with respect to attorneys' fees and costs, but not liability, and the State shall have the right to approve or disapprove any settlement, which approval shall not be unreasonably withheld or delayed. The State shall reasonably cooperate in its defense and any related settlement negotiations.

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

19. Insurance Requirements

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

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

19.1 MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below.

19.1.1 Commercial General Liability- Occurrence Form

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

19.1.1.1.1 General Aggregate $2,000,000

19.1.1.1.2 Products- Completed Operations Aggregate $1,000,000

19.1.1.1.3 Personal and Advertising Injury $1,000,000

19.1.1.1.4 Blanket Contractual Liability- Written and Oral $1,000,000

19.1.1.1.5 Damage to Rented Premises $50,000

19.1.1.1.6 Each Occurrence $1,000,000

19.1.1.2 The policy shall be endorsed to include the following additional insured language:

“The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer activities performed by or on behalf of the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by the Contract.

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

19.1.2 Worker’s Compensation and Employer’s Liability

19.1.2.1 Workers’ Compensation Statutory

19.1.2.2 Employers’ Liability

19.1.2.2.1 Each Accident $500,000

19.1.2.2.2 Disease- Each Employee $500,000

19.1.2.2.3 Disease- Policy Limit $1,000,000

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

19.1.2.4 This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. § 23-902, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.

19.1.3 Professional Liability (Errors and Omissions Liability)

19.1.3.1 Each Claim $1,000,000

19.1.3.2 Annual Aggregate $2,000,000

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

19.1.3.4 The policy shall cover professional misconduct or negligence acts for those positions define in the Scope of Work of this Contract.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

19.2 ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the following provisions:

19.2.1 The Contractor’s policies shall stipulate that the insurance afforded the contractor shall be primary insurance and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

19.2.2 Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

19.3 NOTICE OF CANCELLATION: With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days' written notice to the State of Arizona. Such notice shall be sent directly to The Department of Health Services, 1740 West Adams, Room 303, Phoenix, AZ 85007 and shall be sent by certified mail, return receipt requested.

19.4 ACCEPTABILITY OF INSURERS: Contractors' insurance shall be placed with companies duly licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A-VII or duly authorized to transact Workers’ Compensation insurance in the State of Arizona. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

19.5 VERIFICATION OF COVERAGE: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract.

The certificates for each insurance policy are to be signed by an authorized representative.

19.6 All certificates and endorsements are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

19.7 All certificates required by this Contract shall be sent directly to The Department of Health Services, 1740 West Adams, Room 303, Phoenix, AZ 85007. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

19.8 SUBCONTRACTORS: Contractors’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

19.9 APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be made by the contracting agency in consultation with the Department of Administration, Risk Management Division. Such action will not require a formal Contract amendment, but may be made by administrative action.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

19.10 EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance. If the Contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

20. Health Insurance Portability and Accountability Act of 1996

20.1. The Contractor warrants that it is familiar with the requirements of HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009, and accompanying regulations and will comply with all applicable HIPAA requirements in the course of this Contract.

Contractor warrants that it will cooperate with the Arizona Department of Health Services (ADHS) in the course of performance of the Contract so that both ADHS and Contractor will be in compliance with HIPAA, including cooperation and coordination with the Arizona Department of Administration-Arizona Strategic Enterprise Technology (ADOA-ASET) Office, the ADOA-ASET Arizona State Chief Information Security Officer and HIPAA Coordinator and other compliance officials required by HIPAA and its regulations. Contractor will sign any documents that are reasonably necessary to keep ADHS and Contractor in compliance with HIPAA, including, but not limited to, business associate agreements.

20.2. If requested by the ADHS Procurement Office, Contractor agrees to sign a “Pledge To Protect Confidential Information” and to abide by the statements addressing the creation, use and disclosure of confidential information, including information designated as protected health information and all other confidential or sensitive information as defined in policy. In addition, if requested, Contractor agrees to attend or participate in HIPAA training offered by ADHS or to provide written verification that the Contractor has attended or participated in job related HIPAA training that is: (1) intended to make the Contractor proficient in HIPAA for purposes of performing the services required and (2) presented by a HIPAA Privacy Officer or other person or program knowledgeable and experienced in HIPAA and who has been approved by the ADOA-ASET Arizona State Chief Information Security Officer and HIPAA Coordinator.

21. Pandemic Contractual Performance

21.1. The State shall require a written plan that illustrates how the Contractor shall perform up to contractual standards in the event of a pandemic. The State may require a copy of the plan at any time prior or post award of a Contract. At a minimum, the pandemic performance plan shall include:

21.1.1. Key succession and performance planning if there is a sudden significant decrease in Contractor’s workforce;

21.1.2. Alternative methods to ensure there are products in the supply chain; and

21.1.3. An up to date list of company contacts and organizational chart.

21.2. In the event of a pandemic, as declared the Governor of Arizona, U.S. Government or the World Health Organization, which makes performance of any term under this Contract impossible or impracticable, the State shall have the following rights:

21.2.1. After the official declaration of a pandemic, the State may temporarily void the Contract(s) in whole or specific sections, if the Contractor cannot perform to the standards agreed upon in the initial terms;

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

21.2.2. The State shall not incur any liability if a pandemic is declared and emergency procurements are authorized by the Director as per A.R.S. 41-2537 of the Arizona Procurement Code; and

21.2.3. Once the pandemic is officially declared over and/or the Contractor can demonstrate the ability to perform, the State, at is sole discretion, may reinstate the temporarily voided Contract(s).

21.3. The State, at any time, may request to see a copy of the written plan from the Contractor. The Contractor shall produce the written plan within seventy-two (72) hours of the request.

22. The Federal Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282, as amended by section 6202(a) of P.L. 110-252), found at https://www.fsrs.gov/

If applicable, the Contractor/Grantee shall submit to ADHS via email the Grant Reporting Certification Form. This form and the instructions can be downloaded from the ADHS Procurement website at http://www.azdhs.gov/operations/financial-services/procurement/index.php#ffata and must be returned to the ADHS by the 15th of the month following that in which the award was received. The form shall be completed electronically, and submitted using the steps outlined in the Grant Reporting Certification Form Instructions to the following email address: ADHS_Grant@azdhs.gov. All required fields must be filled including Top Employee Compensation, if applicable. Completing the Grant Reporting Certification Form is required for compliance with the Office of Management and Budget (OMB), found at http://www.whitehouse.gov/omb/open. Failure to timely submit the Grant Reporting Certification Form could result in the loss of funds. This requirement applies to all subcontractors/sub-awardees utilized by the Contractor/Grantee for amounts exceeding $30,000.00 during the term of the Award.

23. 2 CFR §200.216 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

23.1. Recipients and sub-recipients are prohibited from obligating or expending loan or grant funds to:

23.1.1. Procure or obtain;

23.1.2. Extend or renew a contract to procure or obtain; or

23.1.3. Enter in a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

23.1.3.1. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

23.1.3.2. Telecommunications or video surveillance services provided by such entities or using such equipment.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

23.1.3.3. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

24. Transition Activities

24.1. Upon termination of this Contract, if ADHS anticipates a continued need for the Contract Services specified herein and a Contract is awarded to a new Contractor, there shall be a transition of services period of not less than thirty (30) days. During this period, the existing Contractor shall work closely with the new Contractor, or Contractors, personnel and/or staff to ensure a smooth and complete transfer of duties and responsibilities;

24.2. An authorized representative from ADHS shall coordinate all transition activities. A transition plan will be developed in conjunction with the outgoing Contractor to assist the new Contractor, or Contractors, personnel and/or staff to implement the transfer of duties;

24.3. ADHS reserves the right to determine which projects nearing completion will remain with the current Contractor of record.

24.4. The Contractor shall return all ADHS equipment, reports, and any other documentation developed during the term of the Contract that ADHS deems necessary to maintain ongoing operations.

25. Contracting; Procurement; Investment; Prohibitions

25.1. A public entity may not enter into a contract with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.

25.2. A public entity may not adopt a procurement, investment or other policy that has the effect of inducing or requiring a person or company to boycott Israel.

26. New Products/Services Language

The State, at its sole discretion may allow new products or services identified by the Contractor or ADHS to be incorporated. The request may be submitted at any time during the Contract period. The requested products or services shall align with the current Scope of Work and Price List.

27. Data Universal Numbering System (DUNS) Requirement

Pursuant to 2 CFR 25.100 et seq., no entity (defined as a Governmental organization, which is a State, local government, or Indian tribe; foreign public entity; domestic or foreign nonprofit organization; domestic or foreign for-profit organization; or Federal agency, but only as a sub-recipient under an award or sub-award to a non- Federal entity) may receive a sub-award from ADHS unless the entity provides its Data Universal Numbering System (DUNS) Number to ADHS.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

SCOPE OF WORK

1. Background

1.1 The Arizona Department of Health Services (ADHS) includes the Public Health Preparedness Tuberculosis Control Program. The purpose of establishing this Contract between ADHS and the American Lung Association in Arizona is to enhance the completion of therapy rate among homeless and other at-risk persons with active tuberculosis (TB) and to provide outreach and education to public health professionals and health care providers about TB.

1.2 Homeless individuals are often difficult to locate and treat successfully for TB. Completion of treatment is vital to healing the sick individual, preventing the spread of disease, and preventing the development of multi-drug resistant TB, which is a public health threat. Furthermore, TB is easily transmitted in a shelter or a congregate living situation. For these reasons, it is imperative that infectious homeless individuals be isolated and that the completion of treatment regimen be made a public health priority.

1.3 The State and local Arizona TB control programs are addressing TB in the homeless population by making it a priority to provide incentives and enablers to the homeless and other at-risk persons to complete treatment.

2. Objective

The objective of this Contract is to enhance the completion of curative therapy rate among homeless persons with active TB, support local health department activities in ensuring completion of treatment for TB cases, and provide TB outreach and education to public health professionals and health care providers.

3. Tasks

The Contractor shall:

3.1 As requested by local health departments and in accordance with the ADHS TB Control Program guidelines, allocate TB incentives and enablers including but not limited to, grocery gift cards and housing vouchers to individuals with active TB;

3.2. Sponsor and coordinate the Annual Four Corners TB & HIV Conference and other outreach and educational events;

3.2.1. If this Contract is not renewed, the unspent funds and records for the planning of the Annual Four Corners TB & HIV Conference shall be returned to the ADHS TB Control Program, and

3.2.2. Planning of the conference is done in collaboration with the ADHS TB Control Program; ADHS participation and conference agendas serve as documentation of this deliverable.

3.3. Prepare reports as defined in the Deliverables and submit them to the ADHS TB Control Program.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

4. Requirements

4.1 The Contractor shall provide a current and valid Certificate of Liability Insurance (COI) prior to the commencement of the Contract and yearly throughout the term of the Contract. A Purchase Order will not be issued by ADHS for the Contractor to perform services without the COI on file in the Contract.

4.2 The Contractor shall have proven experience (a minimum of five (5) years) and expertise in providing tuberculosis education, advocacy and research support to government policy to translate the national TB objective into reality. The Contractor shall recognize that public policy at all levels of government is essential to achieve the mission and objectives of TB prevention and control.

4.3 The level of funding for this Contract is not guaranteed and is dependent on the availability of funds. The funding for this Contract originates from a grant the ADHS received from the Centers for Disease Control and Prevention (CDC). Correspondingly, the following are requirements ADHS has been made subject to and, as such, the Contractor shall also be subject to.

4.3.1. Funds may not be used for the following:

4.3.1.1. To supplant local health department funds;

4.3.1.2. For inpatient care;

4.3.1.3. For construction of facilities; or

4.3.1.4. To purchase drugs for treatment.

4.3.2 The following Additional Requirements (AR) are hereby incorporated by reference and may be found in their entirety at http://www.cdc.gov/od/pgo/funding/grants/additional_req.shtm:

4.3.2.1. AR-1 Human Subjects Requirements;

4.3.2.2. AR-2 Inclusion of Women and Racial and Ethnic Minorities in Research;

4.3.2.3. AR-4 HIV/AIDS Confidentiality Provisions;

4.3.2.4. AR-5 HIV Program Review Panel Requirements;

4.3.2.5. AR-5 Patient Care;

4.3.2.6. AR-7 Executive Order 12372 Review;

4.3.2.7. AR-9 Paperwork Reduction Act Requirements;

4.3.2.8. AR-10 Smoke-Free Workplace Requirements;

4.3.2.9. AR-11 Healthy People 2010; and

4.3.2.10. AR-12 Lobbying Restrictions.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

5. Deliverables:

The Contractor shall:

5.1 Submit one (1) Annual Work Plan:

5.1.1 The Annual Work Plan must include:

5.1.1.1 Program objectives;

5.1.1.2 Staff funded by supplemental funds, including position descriptions; and

5.1.1.3 Additional information outlined by the template provided by the ADHS TB Control Program.

5.2 Submit one (1) Annual Progress Report that includes a summary of program objectives, activities performed, and additional information outlined by the template provided by the ADHS TB Control Program; and

5.3. Submit monthly Contract Expenditure Reports (CER) by the end of the month following the reporting month.

6. Delivery Schedule

6.1 Reports should be submitted to the ADHS TB Control Program based on the schedule below:

Name of Report Time Period Covered Due to ADHS Annual Work Plan January 1 – December 31 January 31

Annual Progress Report January 1 – December 31 January 31

7. Notices, Correspondence, Reports, and Invoices

7.1. Notices, correspondence, reports, invoices, and program specific requests relative to this Contract from the Contractor to ADHS shall be sent to:

Arizona Department of Health Services Program Manager, TB Control Section 150 N 18th Ave., Suite 110 Phoenix, AZ 85007 Email: tb@azdhs.gov Phone: (602) 364-4750 Fax: (602) 364-4267

7.1.1 Invoices shall be submitted to: invoices@azdhs.gov

7.2. AUTOMATED CLEARING HOUSE. ADHS may pay invoices for some or all Orders through an Automated Clearing House (ACH). In order to receive payments in this manner, the Contractor must complete an ACH Vendor Authorization Form (form GAO-618) within 30 (thirty) days after the effective

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer date of the Contract. The form is available online at: https://gao.az.gov/sites/default/files/2023-05/GAO- 618.pdf.

7.2.1. ACH Vendor Authorization Form shall be emailed to Vendor.Payautomation@azdoa.gov

7.3. Notices and correspondence from the ADHS to Contractor shall be sent to:

American Lung Association in Arizona Attn: Stacey Mortenson 102 W. McDowell Rd.

Phoenix, AZ 85003 Phone: (602) 258-7507 Email: Stacey.Mortenson@Lung.org

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

PRICE SHEET

Project Period: January 1 – December 31 2023 – 2027

Project 1: TB Prevention & Control

LINE ITEM BUDGET AMOUNT PER PROJECT PERIOD

Personnel Services $14,924.70

ERE $4,477.41

Professional and Outside Services $0.00

Travel Expenses $0.00

Other Operating Expenses $77,747.52

Capital Outlay Expenses $0.00

Other $12,850.37

Total Annual Amount Per Project Period $110,000.00

Note: With prior approval from the ADHS TB Program Manager, the Contractor is authorized to transfer up to a maximum of thirty-five percent (35%) of the total budget amount between line items. Transfers of funds are only allowed between funded line items. Transfers exceeding thirty-five percent (35%) or to a non-funded item shall require a written Contract Amendment.

Project 2: (Uniting for Ukraine) Through December 31, 2023

LINE ITEM BUDGET AMOUNT PER PROJECT PERIOD

Personnel Services $10,000.00

ERE $3,200.00

Professional and Outside Services $10,000.00

Travel Expenses $0.00

Other Operating Expenses $40,000.00

Capital Outlay Expenses $0.00

Other $8,216.00

Total Annual Amount Per Project Period $71,416.00

Note: With prior approval from the ADHS TB Program Manager, the Contractor is authorized to transfer up to a maximum of thirty-five percent (35%) of the total budget amount between line items. Transfers of funds are only allowed between funded line items. Transfers exceeding thirty-five percent (35%) or to a non-funded item shall require a written Contract Amendment.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

Exhibit A – 2 CFR 200.332

Prime Awardee: Arizona Department of Health Services

DUNS # QMWUG1AMYF65

Federal Award Identification (Grant Number): NU52PS910175-03-07

Subrecipient name (which must match the name associated with its unique entity identifier): American Lung Association of Arizona

Subrecipient's unique entity identifier (DUNS #): 86-0111676

Federal Award Identification Number (FAIN, sometimes it’s the same as the Grant Number): NU52PS910175-03-07

Federal Award Date (see the definition of Federal award date in § 200.1 of this part) of award to the recipient by the Federal agency: Not yet received. Solicitation letter received 07/18/2023

Subaward Period of Performance Start and End Date: 01/01/2023 - 12/31/2027

Subaward Budget Period Start and End Date: 01/01/2023 - 12/31/2027

Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient (this is normally the contract amount): $181,416.00

Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current financial obligation (how much is available for contracts): $181,416.00

Total Amount of the Federal Award committed to the subrecipient by the pass-through entity: $181,416.00

Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act

(FFATA):

Tuberculosis Elimination and Laboratory Cooperative Agreement

Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity: Centers for Disease Control and Prevention

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR054521 AMENDMENT NO.: 4

Kailee Gray

Procurement Officer

Assistance Listings number and Title; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement:

93.116 – Project Grants and Cooperative Agreements for Tuberculosis Control Programs

Identification of whether the award is R&D: NOT R&D

Indirect cost rate for the Federal award (including the de minimis rate is charged) per § 200.414: 13%

Arizona Department of Health Services (ADHS), Epidemiology & Disease Control (EDC)

Kaile Gray on behalf of Quentin Mazzaferro kailee.gray@azdhs.gov

Senior Procurement Specialist (480) 392-4154

Tuberculosis (TB) Treatment Services

American Lung Association (ALA) in Arizona | (IV0000002126)

CTR054521 - TB Treatment Services

- Modification pursuant to R2-7-E303(E) for a CI modification

Through December 31, 2023 $71,416.00

- Compliance with A.R.S. §§ 41-2533, 41-2534, 41-2538, or 41-2578 is impracticable

The American Lung Association of Arizona (ALAA) will enhance the completion of curative therapy rate among homeless persons with active TB, support local health department activities in ensuring completion of treatment for TB cases, and provide TB outreach and education to public health professionals and healthcare providers.

Homeless individuals are often difficult to locate and treat successfully for TB. Completion of treatment is vital to healing the sick individual, preventing the spread of disease, and preventing the development of multi-drug resistant TB, which is a public health threat.

Furthermore, TB is easily transmitted in a shelter or a congregate living situation. For these reasons, it is imperative that infectious homeless individuals be isolated and that the completion of treatment regimen be made a public health priority. The State and local Arizona TB control programs are addressing TB in the homeless population by making it a priority to provide incentives to encourage the homeless and other at-risk persons to complete treatment.

Since May 1, 2021, under Contract #CTR054521, ALA has allocated TB incentives and enablers to individuals with active TB. ALA will also sponsor and coordinate the Annual Four Corners TB & HIV Conference and other outreach and educational events.

This is a supplemental CI determination between the ADHS' TB Control Program and ALA to add funding for the "Uniting for Ukraine" Federal Program that started in 2022. It is in the best interest of the State to approve this supplemental CI determination, as it will have a significant impact on Ukrainian refugees regarding TB testing that is required for entry upon arrival to the United States.

The previous annual budget of $110,000.00 (including personnel, operating expenses, equipment, training, housing services and other expenses, will remain the same. This supplemental CI is to add funding to Contract #CTR054521 for the "Uniting for Ukraine" Federal Program that started in 2022 to support Ukrainian refugees. The Uniting for Ukraine program is a pathway for Ukrainian citizens to come to the United States and stay temporarily for a two-year period. Ukrainians participating in the program must meet specific health requirements, including vaccinations and tuberculosis (TB) testing.

The funding for this Program, was provided as a supplement to the Program's standard grant, which is also what funds are part of Project One (1) on that Contract. Per the Program, even though the Center for Disease Control and Prevention (CDC) sees it as one (1) pool of funds, they had to make a separate function code for the Uniting for Ukraine funds, as they need to track their use separately. The Price Sheet on Amendment Four (4) has this funding separated out so use of the Uniting for Ukraine supplement would not eat into the maximum amount the Program can give to the sub-recipient for the year. The Program is providing these funds to ALA in particular because they are an existing Contractor that can help the Program leverage funding and direct payments for things their federally-funded County partners aren't already contracted with. For the normal funds, this includes things like housing payment assistance for TB patients who can't work while in isolation. The plan for the Uniting for Ukraine funding is for ALA to provide access to the services of Scene Health to our County partners. Scene Health is a platform that allows for video directly observed therapy, which is a standard of care for TB treatment.

Pricing for these services is considered fair and reasonable based upon the annual pricing of $110,000.00 remaining the same. Amendment Four (4) will include pricing in the amount of $71,416.00 for a one time purchase through December 31, 2023 for the Uniting for Ukraine (Project Two (2), as well as updating the Scope of Work (SOW). Including the "Grant Type" from Fixed Price to Cost Reimbursement, which was incorrect when the Contract was first executed. Therefore, based on the above, and with ALA's experience of providing TB service to ADHS, it is within the best interest of the State to approve this request.

8/31/2023

- Request Authorized Pursuant to R2-7-E303

12/31/2023

Gina Corwin Chief Procurement Officer

8/31/2023