CTR065358_Contract_Documents.pdf

STATE OF ARIZONA

Department of Health Services

NOTICE OF REQUEST FOR PROPOSAL (RFP)

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 N. 18th Avenue, Suite 530 Phoenix, Arizona 85007

SOLICITATION NUMBER: BPM004605 – PART 1, LOT 1, ROUND 1

SOLICITATION DUE DATE/TIME: June 14, 2022 at 3:00:00 PM Local AZ Time

SUBMITTAL LOCATION: https://app.az.gov

DESCRIPTION: YOUTH COALITION TECHNICAL ASSISTANCE

PRE-OFFER CONFERENCE:

THERE WILL BE NO PRE-OFFER CONFERENCE FOR THIS SOLICITATION.

In accordance with A.R.S. § 41-2534, competitive sealed proposals for the services specified will be received by the Arizona Department of Health Services (ADHS) online in the State of Arizona’s online procurement system, https://app.az.gov (Arizona Procurement Portal – APP). Proposals received by the due date and time will be opened. The name of each Offeror will be publicly available. Proposals must be submitted in the State APP system on or prior to the date and time indicated.

Late proposals will not be considered. It is the responsibility of the supplier/offeror to routinely check the APP website for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

With seventy-two (72) hours prior notice, persons with disabilities may request special accommodations such as interpreters, alternative formats, or assistance with physical accessibility. Such requests must be addressed to the Solicitation contact person named below.

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION CAREFULLY.

Solicitation Contact:

Kailee Gray Procurement Officer Arizona Department of Health Services Email: kailee.gray@azdhs.gov Phone: (480) 392-4154 https://app.az.gov/ https://app.az.gov/ mailto:kailee.gray@azdhs.gov javascript:window.parent.navigate(%22/media_461531632/Arizona_State_Seal.html%22);

PART ONE (1) - Table of Contents

ARIZONA DEPARTMENT

OF HEALTH SERVICES

REQUEST FOR PROPOSAL No.: BPM004605

YOUTH COALITION TECHNICAL ASSISTANCE

*The following table of contents applies to all attachment documents in APP for this Solicitation*

SECTION CONTENT

Part One (1) Notice Page

Table of Contents

Scope of Services

Special Terms and Conditions

Uniform Terms and Conditions

Exhibit A: Monthly Report Template

Exhibit B: Contractor Expenditure Report (CER)

Exhibit C: Deliverables Schedule

Exhibit D: Sample Contract Monitoring Tool

Exhibit E: Budget Template

Part Two (2) Special Instructions to Offerors

Uniform Instructions to Offerors

Attachments Located in APP

• Attachment A: Offer and Acceptance

• Attachment B: Notices, Correspondence, Reports, and Payments

• Attachment C: Designation of Confidential, Trade Secret and Proprietary

• Attachment D: Participation if Boycott of Israel

• Attachment E: References

PART ONE (1) - Scope of Services

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SCOPE OF SERVICES

1. DEFINITIONS

1.1. “ADHS” means the Arizona Department of Health Services.

1.2. “Adult Coordinator” means personnel serving as the adult lead for their local coalition. This person can be County health department staff or school staff.

1.3. “AGO” means Attorney General’s Office.

1.4. “ATCP” means the Arizona Tobacco Control Program.

1.5. “AYS” means Arizona Youth Survey.

1.6. “BCDHP” means the Bureau of Chronic Disease and Health Promotion.

1.7. “CDC” means the Centers for Disease and Control Prevention.

1.8. “Contractor” means a service provider under a Contract to provide tobacco prevention and cessation services to ADHS.

1.9. “E-Cigarettes” are electronic devices that simulates tobacco smoking.

1.10. “Electronic Vapor Products” are non-combustible products containing nicotine employing a mechanical heating element.

1.11. “FDA Inspection Team” means Food and Drug Administration program staff; consisting of Program Coordinator and Field Inspectors.

1.12. “FDA” means Food and Drug Administration.

1.13. “NYTS” means National Youth Tobacco Survey.

1.14. “STAND” means Students Taking A New Direction.

1.15. “Underage Purchaser” term refers to an individual under the federal age to purchase tobacco products.

1.16. “YAB” means Youth Advisory Board.

1.17. “Youth TA” means Youth Technical Assistance partner.

1.18. “YRBS” means Youth Risk Behavior Survey.

2. ATCP YOUTH PROGRAMMING BACKGROUND

2.1 In 2010, ATCP was working towards developing a statewide network of youth coalitions to directly involve youth in changing both the social norms surrounding smoking and current tobacco policy. To achieve these intended outcomes, some of the initial identified objectives of these coalitions to be implemented included:

2.1.1 Reviewing best practices and most promising practices to establish a Youth Coalition Development

Plan, OF HEALTH SERVICES

2.1.2 Engaging qualified partners to assist the ATCP in engaging youth in development and extension of the Plan,

2.1.3 Engaging youth in local and statewide coalition activities for tobacco use prevention,

2.1.4 Creating youth coalition leadership council and youth communication hub at the statewide level that established the youth-led coalition efforts, and

2.1.5 Providing on-going technical assistance and training on leadership, including peer-to-peer leadership advocacy, and community education.

2.2 A large influence behind developing this network of coalitions was due to evidence of coalitions being one of the most cost-effective and efficient strategies for achieving social norm change and providing a health environment for youth to obtain skills in leadership and engage in peer-to-peer communication;

2.3 Efforts to build a sustainable network of youth coalitions was organized through the ATCP ‘Join the

Movement’ campaign. This campaign leverages elements of the Venomocity: Brought to You by Addiction campaign previously run by ATCP. To rally youth to engage in the coalition efforts, the ATCP launched a youth coalition premier event hosting 200 students chosen through current county-level anti-tobacco programs, and ranged in age from elementary to early college. The premiere event was designed to introduce youth to the coalition campaign, as well as excite and empower youth to engage in more direct involvement in anti-tobacco policy efforts;

2.4 In 2012, the ATCP created and awarded the first (1st) technical assistance contract to serve in assisting the

ATCP funded partners in developing youth coalition structure and retaining youth participants. The Join the Movement statewide youth coalition effort was branded as STAND. In conjunction with the awarded subcontractors, the ATCP continued to bolster youth coalition efforts through adult coordinator and youth training. Adult coordinator training consisted of how to effectively foster youth coalition development, assist the coalition members where needed, and provide additional logistical support. Training for the youth included education on advocacy, public speaking, and social media messaging and development;

2.5 With the progression of STAND and youth prevention, the ATCP broadened to include not only youth coalition efforts but also point-of-sale efforts including the FDA Tobacco Retailer Compliance Inspection program. The FDA Inspection Team, in collaboration with the AGO, performs undercover investigations of tobacco retailers statewide with an underage purchaser volunteer. Through this partnership at the state and federal level both programs seek to: reduce youth access to tobacco products, facilitate the efforts of local law enforcement agencies seeking to enforce Arizona’s youth tobacco laws, and monitor the rate at which Arizona tobacco retailers comply with laws that prohibit the sale of tobacco to minors. In order to conduct these inspections, the AGO and FDA, recruit and coordinate youth volunteers who visit tobacco retail outlets and attempt to buy tobacco products;

2.6 STAND coalitions have demonstrated successes supporting improvements in health policies at the local level. This includes but is not limited to successfully passing ordinances increasing the legal age to purchase tobacco products to twenty-one (21) years old, prohibiting smoking in city parks and cemeteries, prohibiting smoking on college campuses, and one (1) coalition developed a school administration-approved diversion class for high school students found in possession of tobacco products and paraphernalia, including e-cigarettes. Additionally, tribal coalitions have continued to work diligently to remove commercial tobacco from spiritual ceremonies and gatherings; and

2.7 Along with this, several STAND youths have been selected to serve as national tobacco control youth advocates and to attend national leadership events conducted by the Campaign for Tobacco Free Kids (CTFK) and the Truth Initiative.

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3. BACKGROUND

3.1 Youth plays an intricate and unique role in advocating for tobacco control policy change because of the fact that the age of initiation is lower than the legal age to purchase tobacco products. ADHS, BCDHP, and the Office of Tobacco, are working with its partners to further develop and sustain its statewide youth tobacco coalition, STAND. STAND is currently composed of youth coalition chapters in different counties throughout the State of Arizona. STAND’s online and social media presence, coupled with local STAND chapters, allow counter-marketing messages to reach youth both in and out of school. Through these efforts the ATCP works to change the social norms to make tobacco less desirable, acceptable, and accessible;

3.2 Some recent events that have occurred surrounding tobacco control and youth have prioritized goals addressing making tobacco use among youth less desirable and accessible;

3.3 In September 2019, the CDC responded to an outbreak of vaping-related respiratory illnesses, known nationally as EVALI (e-cigarette or vaping use associated lung injury). The ATCP led state efforts in addressing this outbreak and reporting hospitalized cases. By February 2020, CDC closed its outbreak reporting, concluding a total of 2,807 hospitalized cases and sixty-eight (68) deaths being reported nationwide. Additional outcomes from this outbreak confirmed e-cigarette or vaping products should never be used by youth and young adults. The ATCP prioritizes improving youth tobacco prevention and cessation efforts to discredit claims of e-cigarette or vaping being a safer or healthier alternative to smoking combustible cigarettes;

3.4 On December 20, 2019, Congress signed legislation that amended the Federal Food, Drug, and Cosmetic

Act to raise the federal minimum age of sale of tobacco products from eighteen (18) to twenty-one (21);

3.5 While nationally and in Arizona, ADHS knows that cigarette use continues to decline among youth, there is a current e-cigarette epidemic among youth and young adults. There are multiple youth specific surveys analyzing health behaviors including tobacco and e-cigarette use. The following data sources represent national data as well as Arizona specific data regarding youth and young adult tobacco and e-cigarette use:

3.5.1 The CDC and FDA analyzed nationally representative data from the 2020 NYTS self-administered to United States (U.S.) middle school and high school students. Findings demonstrate in 2020, 19.6% of high school students (approximately 3.02 million) and 4.7% of middle school students (approximately 550,000) reported current e-cigarette use. Of those reporting current use, 22.5% of high school users and 9.4% of middle school users reported daily use,

3.5.2 According to the 2019, Arizona YRBS results, the percentage of high school students who currently use electronic vapor products frequently twenty (20) or more days during the thirty (30) days before the survey) has demonstrated a steady increase reporting 3.1% in 2015 and 7.8% as of 2019, and

3.5.3 According to the 2018, AYS, 19.9% of youth in eighth (8th), tenth (10th), and twelfth (12th) grades reported e-cigarette use in the past thirty (30) days, making e-cigarettes the second (2nd) most frequently reported substance used amongst the surveyed students. This rate has increased across all grade levels since first (1st) assessed in 2016.

4. OBJECTIVES

4.1 The ATCP will contract with an organization that has the knowledge and capacity to provide technical assistance (TA) and guidance to create a youth movement around commercial tobacco and e-cigarette prevention and cessation;

4.2 The ATCP is seeking a TA advisor to assist in achieving the goals of making tobacco less desirable, acceptable, and accessible through: increasing awareness of dangers of tobacco use, engaging youth to

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rally them around a common goal and purpose, utilizing current technology to attract and maintain youth attention through marketing and media, and incorporating cultural diversity to ensure inclusion and representation of youth ranging from urban, rural, and Native American communities in Arizona; and

4.3 This Contractor shall analyze the emerging issues and current tobacco control environment in Arizona to develop innovative solutions to make the greatest impact in youth tobacco prevention by empowering youth and young adults to be at the forefront of program strategies and activities to serve as leaders within their coalitions and communities.

5. TASKS – YOUTH COALITION

5.1 The elements of the Youth Coalition Program work within the ATCP shall include:

5.1.1 Youth Engagement and Sustainability

5.1.1.1 Developing infrastructure for youth engagement efforts for Adult Coordinators to engage youth virtually and/or in person; and

5.1.1.2 Creating sustainability plan to keep youth engaged.

5.1.2 Youth Advisory Board

5.1.2.1 Assisting ATCP with the development of a YAB made up of STAND youth coalition members. The ATCP Youth Program Manager will oversee the YAB and provide direction to the TA team based on YAB feedback;

5.1.2.1.1 Engaging youth to educate other youth and communities on the dangers of tobacco use and dependence, including e-cigarettes,

5.1.2.2 Developing criteria alongside youth leaders to train and mentor the next generation of youth; and

5.1.2.3 Promoting the YAB within the statewide STAND coalition community based on duties and responsibilities outlined by ATCP program staff.

5.1.3 Adult Coordinators

5.1.3.1 Assisting Adult Coordinators in creating and adhering to their Youth Coalition Action Plan within the first quarter of the State Fiscal Year (July - September) to ensure continued momentum of coalition objectives;

5.1.3.2 Developing adult coordinators capacity to serve as a guide and resource to their local coalitions working to improve tobacco-related policies and practices;

5.1.3.3 Maintaining contact with Adult Coordinators via email/phone/virtual webinars, at a minimum on a monthly basis to provide updates and status of coalition events/activities and policy/advocacy work;

5.1.3.4 Assisting Adult Coordinators in determining training needs for youth to be successful and providing resources for coalitions to utilize; and

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5.1.3.5 Assisting ATCP with developing an adult coordinator curriculum to outline applicable skills and knowledge useful in maintaining youth-adult partnerships, as well as educational components to further professional development.

5.1.4 Training / Toolkits

5.1.4.1 Planning and scheduling virtual or in-person Adult Coordinator Training that shall occur two (2) times a year; in the fall and spring;

5.1.4.2 Training topics shall correspond to national and state priorities and current events, including emerging issues and products and shall incorporate youth coalition and adult coordinator feedback;

5.1.4.3 Creating training toolkits based on various topics vetted by youth coalition members and adult coordinators based on their coalition individual's needs for coalitions to utilize; and

5.1.4.4 Providing TA via email/telephone/in-person or virtually to Adult Coordinators and youth members based on individual coalition needs. TA may include, but is not limited to:

Recruitment, Retention, Coalition Development, Meeting Organization, Tobacco 101, Event Planning, Public Speaking, Policy work, and Advocacy.

5.1.5 Recruitment

5.1.5.1 Supporting recruitment and retention of youth in the Youth Tobacco Inspection

Programs.

5.1.6 Policy

5.1.6.1 Supporting coalitions pursuing social change including but not limited to:

5.1.6.1.1 Creating tobacco-free environments,

5.1.6.1.2 Increasing the price of tobacco products,

5.1.6.1.3 Reducing tobacco industry influence at point of sale,

5.1.6.1.4 Communicating the dangers of youth tobacco use,

5.1.6.1.5 E-cigarette flavor bans, and

5.1.6.1.6 Building community awareness, etc.;

5.1.6.2 Providing ongoing training and technical assistance on policies, systems, and environmental strategies and activities for tobacco control based on community needs determined by local coalitions;

5.1.6.3 Maintaining knowledge of statewide strategy and policy priorities in order to support local coalitions; and

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5.1.6.4 Designing and implementing a mobilization strategy to motivate youth to be civically engaged.

5.1.7 Health Equity

5.1.7.1 Educating and empowering youth to identify strategies and activities to identify root causes of health disparities and close gaps for disparate populations and seek to improve health equity;

5.1.7.2 Recruiting and engaging partners to reach at-risk youth and young adults impacted by tobacco-related disparities; and

5.1.7.3 Evaluating culturally-appropriate, evidence-based strategies and activities to reduce tobacco-related disparities and improve health equity at state and community levels.

5.1.8 National Partnerships

5.1.8.1 Engaging with National Youth Organizations on an on-going basis, apprised of national-level tobacco issues and coordinating national youth organization tobacco control and prevention initiatives to implement in Arizona efforts:

5.1.8.1.1 National Youth Organizations can include but are not limited to: CTFK and

Truth Initiative.

5.1.9 Coalition Management and Monitoring

5.1.9.1 Developing coalition registration forms for tracking and reporting;

5.1.9.2 Discussing and monitoring coalition functionality, including the total number of youths per STAND chapter, chapter’s progress, challenges, etc.; and

5.1.9.3 Youth Coalition Team shall attend, either virtually or in-person, at least one (1) partner youth coalition meeting, at a minimum of one (1) time per month.

5.1.10 Media / Marketing

5.1.10.1 Connecting youth leaders to ATCP in order to develop and promote statewide marketing and media youth prevention campaigns; and

5.1.10.2 Assisting in disseminating ADHS Youth Prevention Communication/Media to Adult

Coordinators.

5.1.11 Statewide Events

5.1.11.1 Participating in planning and discussion with youth leaders, ATCP, and Adult Coordinators related to the promotion of statewide anti-tobacco events. Events include but are not limited to: Great American Smoke Out, Kick Butts Day, and World No

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Tobacco Day; and

5.1.11.2 Participating in planning and discussion with youth leaders, ATCP, and Adult Coordinators to determine a meeting format to acknowledge program successes and educate coalition members on current and emerging tobacco control issues.

5.1.12 Evaluation

5.1.12.1 Work in collaboration with ATCP and the state funded evaluation specialists to develop a youth program evaluation plan, which will provide overall outcome and process evaluation to the program and support the overall ATCP Evaluation Plan.

5.1.13. Contract Monitoring

5.1.13.1 All Contracts within ADHS are monitored for performance and adherence to the contract terms. All Contracts shall be monitored to ensure services conform to the terms and conditions specified in the contract. The Contract Administration and Monitoring Policy establishes requirements for Contract development and monitoring activities. This policy promotes proper performance monitoring to ensure vendors are performing their duties and obligations in accordance with the terms and conditions of the Contract. See [Exhibit D] for a sample Contract monitoring tool.

6. REQUIREMENTS – YOUTH COALITION

6.1 Contractor qualification for organization and key personnel include the following:

6.1.1 Education that includes leadership skills, youth behavior knowledge,

6.1.2 Understanding of the cultural diversity across the State of Arizona regarding Health Equity and Public Health,

6.1.3 Experience working with youth between the ages of twelve (12) to eighteen (18),

6.1.4 Understanding of where and how to reach, engage, and mobilize youth,

6.1.5 Experience with social media capacity, use, and expertise to reach young people where they are,

6.1.6 Understanding of Youth/Adult partnerships which encompasses, coalition development, recruitment, retention, policy development, advocacy, etc., and

6.1.7 Fingerprint and background clearance checks for all staff that will work with youth.

6.2 Contractor staff requirements shall include:

6.2.1 Providing a Project Manager (PM) who shall be the primary contact person for the ATCP staff. Duties will include but are not limited to: day-to-day contact, attend/lead/prepare materials for meetings, ensure aspects of contract are being met by staff or any subcontractors, designate alternate when PM is unavailable, and prepare and submit required contract documents (i.e. monthly invoice, event evaluations), OF HEALTH SERVICES

6.2.2 Creating a Youth Coalition Team to provide technical assistance to youth coalition groups which are associated with ATCP,

6.2.3 Attending all meetings scheduled by ATCP including but not limited to: quarterly planning meetings, training, coalition events, etc., and

6.2.4 Attending and completing annual cultural competency training by all staff. ATCP will approve the training program prior to enrollment.

7. ADDITIONAL REQUIREMENTS

7.1 Any marketing, trainings/educational materials, promotional items, media or forms including but not limited to: brochures, posters, publications, or journal articles utilizing funding awarded under this Contract shall require prior approval from ATCP prior to development, printing or implementation, and all items will be considered the property of the State of Arizona;

7.2 Any out of state travel under this Contract will require prior ATCP authorization and shall be limited to two

(2) staff persons. Documentation will be submitted to ATCP’s Office Chief and Youth Program Manager for review, including location and reason for travel, how it pertains to the work covered in this Contract and costs associated with the travel; and

7.3 The funds for this agreement may be used for project staff salaries consultant fees, data collection and analysis, meetings, supplies, project-related travel, and other direct project expenses, including a limited amount of equipment essential to the project, and indirect costs to support the operations of the applicant organization. In keeping with agency policy, please note these agreement funds may not be used for lobbying or registered lobbyist staff salaries.

8. ADHS SHALL PROVIDE

8.1 Monthly Report Template [see Exhibit A];

8.2 Contract Expenditure Report Template [see Exhibit B];

8.3 Deliverables Schedule [see Exhibit C];

8.4 Sample Contract Monitoring Tool [see Exhibit D];

8.5 An ATCP Youth Program Manager to act as the point of contact for the Contractor. This individual will be responsible for oversight and management for this Contract.

9. DELIVERABLES

The Contractor shall:

9.1 Submit Annual Action Plan to the Youth Program Manager sixty (60) days from the start of the Contract, and annually thereafter;

9.1.1 Any subsequent changes or updates to this Action Plan that will be submitted and implemented in the next contract period, will be submitted in writing to the Youth Program Manager.

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9.2 Submit a written Quarterly Report, due thirty (30) days after each quarter (Q) end (Q1: July - September;

Q2: October - December; Q3: January - March; Q4: April - June);

9.3 Complete and submit an event evaluation and attendance sheets two (2) weeks after each Adult Coordinator Training. Evaluation should include the number of attendees, topics covered, highlights and area of improvement, and any follow-up information to be sent to attendees. Event evaluation and attendance sheet will be submitted to ATCP identified as the point of contact;

9.4 Complete and submit a monthly invoice, along with supporting documentation for TA activities supported, the last day of the month. TA activities should include but not limited to reports or examples of activities that happen virtually via social media etc.;

9.5 Provide a valid Certificate of Insurance (COI) that meets the written specifications in the Special Terms and Conditions. A current COI shall be maintained throughout the life of the Contract. The ADHS will not be able to issue a Purchase Order for the commencement of services without a current and valid COI in the Procurement file; and

9.6 Provide proof of fingerprint clearance and background checks to ADHS within thirty (30) days of the Contract award and upon hire of new employees.

10. NOTICES, CORRESPONDENCE REPORTS AND INVOICES

10.1 Notices, correspondences, and reports from the Contractor to ADHS shall be sent to:

Arizona Department of Health Services Bureau of Chronic Disease and Health Promotion Office of Tobacco Prevention and Cessation Yvette Coles, Health Program Manager III 150 N. 18th Ave., Suite 310 Phoenix, AZ 85007

10.2 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 date of the Contract.

The form is available online at: https://gao.az.gov/sites/default/files/GAO- 618%20ACH%20Authorization%20Form%20101019.pdf;

10.2.1 ACH Vendor Authorization Form shall be emailed to Vendor.Payautomation@azdoa.gov; and

10.3 All CERs shall be sent to the Program Manager, who shall review for accuracy and approve to send to

Accounts Payable for payment.

https://gao.az.gov/sites/default/files/GAO-618%20ACH%20Authorization%20Form%20101019.pdf https://gao.az.gov/sites/default/files/GAO-618%20ACH%20Authorization%20Form%20101019.pdf mailto:Vendor.Payautomation@azdoa.gov

PART ONE (1) - Special Terms and Conditions

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150 North 18th Ave, Suite 530

SPECIAL TERMS AND CONDITIONS

1. PURPOSE

Pursuant to provisions of the Arizona Procurement Code, A.R.S. 41-2501 Et Seq., the State of Arizona, ADHS intend 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 upon final signature, and shall continue for a period of one

(1) year thereafter, unless terminated, canceled, or extended as otherwise provided herein.

3. CONTRACT EXTENSIONS 5 YEAR MAXIMUM

The Contract term shall begin as specified in the section two (2) above, and shall continue for a period of one

(1) year 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. KEY PERSONNEL

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.

6.1 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. Such notice shall be given thirty (30) days prior to the reassignment or personnel’s last day assigned to the Contract.

6.2 If key personnel are 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.

6.3 The State Agency reserves the right to review resumes and participate in interviews for the hiring of any staff assigned to this Contract. Further, the State Agency reserves the right to deny or refuse any offered replacement personnel by the Planning Contractor.

7. POINT OF CONTACT

7.1 It is essential that the Contractor provide a Point of Contact, capable of and devoted to the successful accomplishment of work to be performed under this Contract. The Contractor must agree to assign a specific individual to serve as a primary day-to-day contact.

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

7.3 If the Point of Contact is not available for work under this Contract for a continuous period exceeding thirty

(30) calendar days, or is 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.

8. 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

Any contract resulting from this solicitation shall be awarded 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. 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 the Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the State.

12. 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.

13. 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.

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14. 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 Program for approval of the plan prior to sending it to the Contractor.

15. PAYMENT PROCEDURES

15.1 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.

15.2 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.

15.3 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.

16. FINANCIAL MANAGEMENT

16.1 For all contracts, the practices, procedures, and standards specified in the State of Arizona Accounting

Manual https://gao.az.gov/publications/SAAM/ and required by the Arizona Department of Health Services and Guidance for Federal Grant Award Management Manual shall be used by the Contractor in the management of contract funds and by the ADHS when performing a contract audit.

https://azdhs.gov/documents/operations/financial-services/bluebook-2018.pdf The contractor also agrees to abide by the rules as outlined by 2 CFR 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. 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.

https://ecfr.io/Title-02/cfr200_main

16.2 State Funding Contractors receiving state funds under this Contract shall comply with the certified

Compliance provisions of A.R.S. § 35-181.03.

16.3 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) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), if applicable. The federal financial assistance information shall be stated in a Change Order or Purchase Order.

17. 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.

https://gao.az.gov/publications/SAAM/ https://azdhs.gov/documents/operations/financial-services/bluebook-2018.pdf https://ecfr.io/Title-02/cfr200_main

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18. 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.

19. INDEMNIFICATION CLAUSE

19.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

19.2 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.

20. INSURANCE REQUIREMENTS

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

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

20.3 Minimum Scope and Limits of Insurance

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

20.3.1 Commercial General Liability (CGL) – Occurrence Form

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

20.3.1.1 General Aggregate $2,000,000.00

20.3.1.1.1 Products – Completed Operations Aggregate $1,000,000.00

20.3.1.1.2 Personal and Advertising Injury $1,000,000.00

20.3.1.1.3 Damage to Rented Premises $ 50,000.00

20.3.1.1.4 Each Occurrence $1,000,000.00

20.3.1.2 The policy shall not exclude coverage for Sexual Abuse and Molestation (SAM). This coverage may be sub-limited to no less than $500,000. The limits may be included within the General Liability limit or provided by separate endorsement with its own limits.

If you are unable to obtain SAM coverage under your General Liability because the insurance market will not support it, it should it be included with the Professional Liability.

20.3.1.3 Contractor must provide the following statement on their Certificate(s) of Insurance:

“Sexual Abuse and Molestation coverage is included” or “Sexual Abuse and Molestation coverage is not excluded.”

20.3.1.4 Policy shall be endorsed, as required by this written agreement, to include the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

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

20.3.2 Business Automobile Liability

20.3.2.1 Bodily injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this contract.

20.3.2.1.1 To Combined Single Limit (CSL) $1,000,000.00

20.3.2.2 Policy shall be endorsed, as required by this written agreement, to include the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

20.3.2.3 Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents and employees for losses arising

20.3.3 Workers; Compensation and Employers’ Liability

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20.3.3.1 Workers Compensation Statutory

20.3.3.2 Employers’ Liability

20.3.3.2.1 Each accident $1,000,000.00

20.3.3.2.2 Disease – Each employee $1,000,000.00

20.3.3.2.3 Disease – Policy Limit $1,000,000.00

20.3.3.3 Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents and employees for losses arising

20.3.3.4 This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23.901 and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

20.4 Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

20.4.1 The Contractor’s policies as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the 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).

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

20.5 Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, or hand delivered to Arizona Department of Health Services, 150 N 18th Ave, Suite 260, Phoenix, AZ 85007.

20.6 Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.

Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

20.7 Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (COI) (valid ACORD form or

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equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates.

20.7.1 All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

20.7.2 Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

20.7.3 All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

20.8 Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of this contract, proof from the Contractor that its subcontractors have the required coverage.

20.9 Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

20.10 Exceptions

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

21. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996

21.1 If applicable, 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.

21.2 If applicable, and requested by the ADHS Procurement Office, Contractor agrees to sign a “Pledge To

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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.

22. PANDEMIC CONTRACTUAL PERFORMANCE

22.1 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:

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

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

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

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

22.2.1 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;

22.2.2 The State shall not incur any liability if a…