CTR073692_fully_executed.pdf

Revised 03/19/2024

INTERAGENCY SERVICE AGREEMENT (ISA)

ARIZONA DEPARTMENT OF

HEALTH SERVICES

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

Procurement Officer:

Hana Hehman Agreement No: CTR073692

PROJECT TITLE: ARIZONA CRISIS STANDARDS OF CARE Effective Date:

July 1st, 2024

GEOGRAPHIC SERVICE AREA: STATEWIDE

Termination Date:

June 30th, 2029

Arizona Department of Health Services has authority to contract for services specified herein in accordance with A.R.S. § 35-148, § 36-104, and § 36-132. The University represents that it has authority to contract for the performance of the services provided herein pursuant to A.R.S. §35-148.

The University certifies compliance with all Federal immigration laws and regulations relating to employees and certifies its compliance with Section A.R.S. § 23-214, Subsection A.

The University agrees to perform all the services set forth in the Agreement and Work Statement. Amendments signed by each of the parties and attached hereto are hereby adopted by reference as a part of this Agreement, from the effective date of the Amendment, as if fully set out herein.

Arizona Transaction (Sales Privilege Tax License): For Clarification, contact:

Name: Melinda Marino

Federal Employer Identification Number: Phone: 480-965-8454 E-mail: melinda.marino@asu.edu

Arizona Board of Regents for and on behalf of, Arizona State University

Contractor Signature of Person Authorized to Sign Date

660 S. Mill Ave., Suite 310 Kristy Macdonald

Address Printed Name

Tempe AZ 85281 Associate Director, Research Operations

City State ZIP Code Title

This Agreement shall henceforth be referred to as Agreement No. CTR073692 The University is hereby cautioned not to commence any billable work or provide any material, service or construction under this Agreement until University receives an executed purchase order or Agreement release document or written notice to proceed if applicable.

State of Arizona Awarded this _____ day of ______________, 202__

Procurement Officer ignature of Person Authorized to

8th Nov

Jacqueline S. Ortega- Avila

Digitally signed by Jacqueline S.

Ortega-Avila Date: 2024.11.08 13:17:21 -07'00'

CONTRACT NUMBER INTERAGENCY SERVICE AGREEMENT

TERMS AND CONDITIONS CTR073692

In accordance with Arizona Revised Statutes (A.R.S.) Section § 35-148, this Agreement is entered into by and between the Arizona Department of Health Services (hereinafter ADHS) and the Arizona Board of Regents for and on behalf of, Arizona State University (hereinafter University) and shall be effective as indicated in Provision 1.

For and in consideration of the terms and conditions set forth herein, the parties agree as follows:

1. Term of Agreement

This Agreement will be effective on July 1st, 2024 and shall terminate five (5) years from date of execution, unless otherwise terminated pursuant to the terms herein. The term of this Agreement shall not exceed five (5) years.

2. Renewal of Agreement

If the term of the original Agreement is less than five (5) years, the parties may mutually agree to renew the Agreement by signing an Amendment extending the Agreement. This Agreement can be renewed for four (4) additional one-year terms, upon agreement of the University and ADHS and by both parties signing an Amendment extending this Agreement. The original Agreement term together with the renewal period shall not exceed five (5) years.

3. Termination for Convenience

Either party may terminate this Agreement upon sixty (60) working days written notice to the other party. The Contractor shall reimburse ADHS for any advanced funds for which services are not provided and shall reimburse ADHS for any other resources/materials that are specifically acquired by Contractor, without an agreement between the parties for Contractor to purchase the resource/material.

4. Agreement Type

The Agreement shall be a Fixed Price.

5. Cancellation for Conflict of Interest

Pursuant to A.R.S. § 38-511, the State may cancel this Contract within three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State is or becomes at any time while the Contract or an extension of the Contract is in effect an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time. If the Contractor is a political subdivision of the State, it may also cancel this Contract as provided in A.R.S. § 38-511.

6. Compliance with A.R.S. 35-148

ADHS shall provide for reimbursement for services performed or advancement of funds for services to be performed.

Monies received by University shall be credited to its appropriation account for its use in performing the services.

University shall make an accounting of expenditures and return any advanced funds not used to ADHS.

7. Capital Equipment

In the event the parties have determined the Scope of Services requires the acquisition of capital equipment necessary for the business functions of the University and have further determined to amortize the cost of such equipment over several years, the University shall reimburse ADHS for such unamortized amounts upon a determination by the University not to renew the agreement.

8. Scope of Services

ADHS and the University shall perform the obligations agreed to by each as set forth in the Scope of Services.

9. Non-Availability of Funds

9.1 Every payment and service obligation is conditioned upon the availability of funds appropriated or allocated for the payment or support of such obligation. If funds are not allocated and available for the continuance of this Agreement, either ADHS or the University may terminate at the end of the period for which funds are available.

9.2 No liability shall accrue to ADHS or the University, in the event this provision is exercised, and ADHS and the

University shall not be obligated or liable for any damages as a result of termination under this paragraph.

10. Authorization for Services

Authorization for purchase of services under this Agreement shall be made only upon ADHS issuance of a Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the Agreement number and the dollar amount of funds authorized. The University 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.

11. Purchase Orders

The University shall, in accordance with all terms and conditions of the Agreement, fully perform and shall be obligated to comply with all purchase orders received by the University prior to the expiration or termination hereof, unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of this Agreement.

12. Payment for Services

As payment for full and satisfactory performance of the services, the ADHS agrees to pay the University as outlined in the Price Sheet attached hereto and incorporated herein by this reference. The Master Blank Purchase Order (Agreement) will be entered into the State of Arizona e-procurement system, APP, by ADHS. The Price Sheet will be entered into the Items Tab for the creation of Purchase Order Releases.

13. Advance Funds

A.R.S. § 35-148 (A) authorizes a State Agency to advance funds to another State Agency for services to be performed pursuant to an Interagency Service Agreement, and (B) authorizes such funds to be credited to the appropriation account of the Agency performing the services for use by such Agency.

14. Property of the State

14.1 Equipment. Except as provided below or otherwise agreed to by the parties, the title to any and all equipment acquired solely through the expenditure of funds received from the State shall remain the property of the State by and through the ADHS and, as such, shall remain under the sole direction, management and control of the ADHS. When this Agreement is terminated, the disposition of all such property shall be determined by the ADHS. For Fixed Price agreements, when the University provides the services/materials required by the Agreement, any and all equipment purchased by the University remains the property of the University. All purchases of such equipment need to be reported to the ADHS Office of Inventory Control.

14.2 Title and Rights to Materials. It is the intention of ADHS and University that all material and intellectual property developed under this Agreement be used and controlled in ways to produce the greatest benefit to the parties to this Agreement and the citizens of the State of Arizona. As used in this section, “Material” means all written and electronic information, recordings, reports, written findings, recorded research information, abstracts, results, software, data, discoveries, inventions, procedures and processes of services developed by the University and any other materials created or prepared by the University and subcontractors in performance of this Agreement. “Material” as used herein shall not include any pre-existing data, information, materials, discoveries, inventions or any form of intellectual property invented, created, developed or devised by University (or its employees, subcontractors or agents) prior to the commencement of the services funded by this Agreement or that may result from University’s involvement in other service activities that are not funded by the Agreement.

14.3 Title and exclusive copyright to all Material shall vest in the State of Arizona, subject to any rights reserved on behalf of the federal government. As State agencies and instrumentalities, both ADHS and University shall have full, complete, perpetual, irrevocable and non-transferable rights to reproduce, duplicate, adapt, make derivative works, distribute, display, disclose, publish and otherwise use any and all Material. The University’s right to use Material shall include the following rights: the right to use the Material in connection with its non-profit research and educational activities, the right to present at academic or professional meetings or symposia and the right to publish in journals, theses, dissertations or otherwise of University’s own choosing. University agrees to provide ADHS with a right of review prior to any publication or public presentation of the Material for a period expiring one year from the termination or expiration of the Agreement, and ADHS shall be entitled to request the removal of its confidential information or any other content the disclosure of which would be contrary to the best interest of the State of Arizona. Neither party shall release confidential information to the public without the prior expressly written permission of the other, unless required by the State public records statutes or other law, including a court order. Each party agrees to give recognition to the other party in all public presentations or publications of any Material, when releasing or publishing them.

14.4 In addition, ADHS and University agree that any and all Material shall be made freely available to the public to the extent it is in the best interest of the State. However, if either party wants to license or assign an intellectual property interest in the material to a third-party for monetary compensation, ADHS and University agree to convene to determine the relevant issues of copyright registration, patent prosecution and distribution of revenue. In the event of a controversy as to whether the Material is being used for monetary compensation or in a way that interferes with the best interest of the state or ADHS, then the Arizona Department of Administration shall make the final decision. Notwithstanding the above, “monetary compensation’ does not include compensation paid to an individual creator for traditional publications in academia (the copyrights to which are Employee-Excluded Works under ABOR Intellectual Property Policy Section 6-908C.4.), an honorarium or other reimbursement of expenses for an academic or professional presentation, or an unprofitable distribution of Material.

15. Reports and Records

Each party shall establish and maintain records regarding its performance under this Agreement in accordance with the records retention standards established by the Department of Library and Archives. Any subcontractors shall be contractually required to retain all data and other records relating to the acquisition and performance of this Agreement for a period of five years after the completion of the Agreement as required by A.R.S. 35-214 and 35-215. All records shall be subject to inspection and audit by the State of Arizona (State) at reasonable times.

16. Records

Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each Subcontractor to retain any and all Data and other “records” relating to the acquisition and performance of the Contract for a period of five (5) years after the completion of the Contract. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records.

17. Audit

Pursuant to A.R.S. § 35-214, at any time during the term of this Contract and five (5) years thereafter, the Contractor’s or any Subcontractor’s books and records shall be subject to audit by the State and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract.

18. Arbitration

The parties to this Contract agree to resolve all disputes arising out of or relating to this Contract through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518, except as may be required by other applicable statutes (A.R.S. Title 41).

19. Equal Employment Opportunities

The parties shall comply with Executive Order 75-5, as amended by Executive Order 2009-09, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules and regulations, including the Americans with Disabilities Act. All parties shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability.

20. Federal Immigration and Nationality Act

The parties shall promptly execute and comply with A.R.S. § 41-4401, immigration laws, and conform to A.R.S. § 23-214, which requires verification of employment eligibility through the “e-verify” program.

21. Offshore Performance of Work Prohibited

Offshore Performance of Work involving Data is Prohibited. Any Services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to Data shall be performed within the defined territories of the United States.

22. Health Insurance Portability and Accountability Act (HIPAA) of 1996

22.1 The University certifies 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 Agreement. University certifies that it will cooperate with the Arizona Department of Health Services (ADHS) in the course of performance of the Agreement so that both ADHS and University 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. University will sign any documents that are reasonably necessary to keep ADHS and University in compliance with HIPAA, including, but not limited to, business associate agreements.

22.2 If requested by the ADHS Procurement Office, University 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, University agrees to attend or participate in HIPAA training offered by ADHS or to provide written verification that the University has attended or participated in job related HIPAA training that is: (1) intended to make the University 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.

23. 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 subrecipient or sub-awardee is required to abide by 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/. The associated Grant Reporting Certification Form and completion instructions will be sent to the subrecipient from ADHS Program(s) responsible for the specific contract. The subrecipient or sub-awardee must return the completed form to ADHS Program(s) by the 15th of the month following that in which the award was received. Failure to complete a required Grant Reporting Certification Form may result in loss of funding.

24. Fraud, Waste, or Abuse

24.1. ADHS requires all employees to abide by the State’s Personnel System Rules, R2-5A-501; Standards of

Conduct which includes maintaining high standards of honesty, integrity, and impartiality, free from personal considerations and/or favoritism, and Code of Conduct for individuals engaged in Accounting, Financial and Budgeting Activities which depicts the moral, ethical, legal and professional aspects of personal conduct.

ADHS requires the same conduct of its consultants, vendors, contractors, subrecipients, or persons doing business with the agency.

24.2. Any State employee, consultant, vendor, contractor or subrecipient or person doing business with the Agency who receives a report of improper activity must report the information within one (1) business day.

Note: Federal Award policy denotes awardees must disclose, in a timely manner, in writing to ADHS all violations of Federal Criminal Law, involving fraud, bribery, or gratuity violations potentially affecting Federal Awards.

24.3. Anyone suspecting Fraud, Waste, or Abuse related to ADHS activities are required to report Fraud, Waste, or abuse through any of the following reporting channels:

24.4. ADHS Ethics Action Hotline at (602) 542-2347.

24.5. ADHS Ethics Action Email at reportethics@azdhs.gov.

24.6. General Accounting Office (GAO) Fraud Reporting Email at reportfraud@azdoa.gov to report Fraud, Waste, or Abuse incidents

25. Federal Funding

25.1. Funding for these services is contingent upon the availability of federal government funding. No commitment of any kind is made by the State concerning this Grant unless there are monies provided by a federal grant.

The Grantee should take this fact into consideration.

25.2. For the purposes of this Grant, a capital expenditure means expenditures to acquire capital assets, as defined in 2 C.F.R. 200.12, or expenditures to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life, with a cost of $250 or greater.

25.3. Grantee agrees to maintain property records for equipment purchased with grant funds and perform a physical inventory and reconciliation with property records at least every year. Grantee agrees that funds will not be used for the construction of new facilities.

25.4. Grantee agrees to follow equipment disposition policies as determined by the Federal Awarding Agency at Award Completion or as depicted in the State of Arizona Accounting Manual. Grantee also agrees to follow the directives in ADHS Property and Procedure Policy FIN 111.

25.5. Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed. These records must: Be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated; Be incorporated into the official records of the non-Federal entity; Reasonably reflect the total activity for which the employee is compensated by the non-Federal entity, not exceeding 100% of compensated activities (for IHE, this per the IHE's definition of IBS); Encompass both federally assisted and all other activities compensated by the non- Federal entity on an integrated basis, but may include the use of subsidiary records as defined in the non- Federal entity's written policy; Comply with the established accounting policies and practices of the non- Federal entity (See paragraph above for treatment of incidental work for IHEs.; and Support the distribution of the employee's salary or wages among specific activities or cost objectives if the employee works on more than one (1) Federal award; a Federal award and non-Federal award; an indirect cost activity and a direct cost activity; two (2) or more indirect activities which are allocated using different allocation bases; or an unallowable activity and a direct or indirect cost activity. Budget estimates (i.e., estimates determined before the services are performed) alone do not qualify as support for charges to Federal awards, but may be used for interim accounting purposes only.

25.6. Grantee understands that financial reports are required as an accounting of expenditures for either reimbursement or ADHS-approved advance payments.

25.7. The final request for reimbursement of grant funds must be received by the ADHS no later than sixty (60) days after the last day of the award period.

25.8. All goods and services must be received or have reasonable expectations thereof and placed in service by Grantee by the expiration of this award.

25.9. Grantee agrees that all encumbered funds must be expended and that goods and services must be paid by GRANTEE within sixty (60) days of the expiration of this award unless funding guidelines permit funds to be used at a future date.

25.10. Grantee agrees to remit all unexpended grant funds to the ADHS within thirty (30) days of written request from the ADHS.

25.11. Grantee agrees to account for interest earned on federal grant funds and shall manage interest income in accordance with the Cash Management Improvement Act of 1990 and as indicated in the State of Arizona Accounting Manual (SAAM) located at the following website. https://gao.az.gov/publications/saam Interest earned in excess of allowable limits must be remitted to the ADHS within thirty (30) days after receipt of a written request from the ADHS.

25.12. Grantee agrees not to use grant funds for food and/or beverage unless explicitly approved in writing by the

ADHS.

25.13. Grantee agrees to comply with all applicable laws, regulations, policies and guidance (including specific cost limits, prior approvals and reporting requirements, where applicable) governing the use of grant funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events unless explicitly approved in writing by the ADHS.

25.14. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of state or local funds because of the existence of any grant funds.

25.15. Grantee agrees that grant funds are not to be expended for any indirect costs that may be incurred by Grantee for administering these funds unless explicitly approved in writing by the ADHS. This may include, but is not limited to, costs for services such as accounting, payroll, data processing, purchasing, personnel, and building use which may have been incurred by the Grantee.

25.16. Grantee will comply with the audit requirements of OMB Office of Management and Budget’s (OMB) Uniform

Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards and provide the

ADHS with the Single Audit Report and any findings within ninety (90) days of receipt of such finding(s). If the report contains no findings, the Grantee must provide notification that the audit was completed. All completed Single Audits should be uploaded in the format specified to the Federal Audit Clearinghouse no later than nine (9) months after the entities fiscal year-end at the attached Link:

https://harvester.census.gov/facweb/default.aspx/.

25.17. Grantee understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties.

25.18. Grantee agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service.

25.18.1. Link: System for Award Management https://sam.gov/content/home.

25.19. Grantee agrees to ensure that, no later than the due date of the Grantee’s first financial report after the award is made, Grantee and any subgrantees have a valid UEI profile and active registration with the System for Award Management (SAM) database.

25.20. GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement.

25.21. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) Grantee must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

25.22. GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 83, Subpart F, for grantees, as defined in 28 CFR, Part 83 Sections 83.620 and 83.650.

26. Miscellaneous

26.1. Purchases made in furtherance of this Agreement, are subject to A.R.S. § 41-2501, et seq. (The Arizona

Procurement Code) and the administrative rules promulgated thereunder (AAC R2-7-101, et seq.).

26.2. This Agreement shall be governed and interpreted by the laws of the State of Arizona.

26.3. Any amendments to this Agreement must be in writing and signed by both parties.

26.4. The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement.

26.5. This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this Agreement.

26.6. Either party’s failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

SCOPE OF SERVICES CTR073692

1. Background

The Arizona Department of Health Services (ADHS) through its Bureau of Operational Readiness and Response (BORR) has been working over time with public health and health care systems stakeholders to enhance statewide medical surge capability and improve the AZ Crisis Standards of Care (CSC) plan. ADHS published the first edition of the AZ CSC plan in 2023. ADHS is contracting with the Center for Public Health Law and Policy at Arizona State University’s (ASU) Sandra Day O’Connor College of Law, led by Professor James G. Hodge, Jr. JD, LLM, Center Director, to provide legal, regulatory, and ethical subject matter expertise during the development and refinement of the most current edition of the plan.

2. Objective

2.1. Throughout the COVID-19 pandemic and correlated emergency responses from 2020-2023, manifold legal and ethical issues arose related to CSC. These issues formed the basis for ongoing adjustments to the most current edition of the AZ CSC plan, including free-standing legal and ethical guidance. Coextensive with these assessments, the emergency legal landscape was changing due in part to seminal decisions via the U.S. Supreme Court (and lower courts) during and after the pandemic. Substantial constitutional shifts in the legal landscape affect the scope and direction of core CSC legal response efforts. The goal of this project is two-fold:

2.1.1. Existing AZ CSC legal guidance needs to be updated in line with any AZ statutory, regulatory, or judicial developments since the last version of the plan in June 2023 as per the grant requirements of the Administration for Strategic Preparedness and Response (ASPR) Hospital Preparedness Program, and

2.1.2. Existing legal guidance accompanying the AZ CSC plan needs to be closely examined and revised to align with emerging constitutional principles impacting emergency responses via the U.S.

Supreme Court (and lower courts).

2.2. These improvements will greatly enhance existing AZ CSC legal guidance and promote a more efficient and equitable response during future public health emergencies requiring the allocation of scarce medical or public health resources.

3. Requirements

The agreed budget for this project performed from July 1st, 2024 through June 30th, 2025 is $36,000.00 (inclusive of all costs). Please note that this budget includes all personnel, legal research, and production expenses for the University Center, via its core personnel.

4. Tasks

4.1. The University Center, via its core personnel, shall:

4.1.1. Attend up to five (5) and no less than three (3) ninety (90) minute virtual committee planning meetings between July 1st, 2024 and June 30th, 2025 with ADHS CSC committee members to evaluate plan objectives and content.

4.1.2. Present to the committee proposed revisions of the AZ CSC Legal Landscape document (June

2023 version) based on key legal developments and updates within AZ state law, no later than June 30th, 2025.

4.1.3. Present to the committee proposed revisions of the AZ CSC Legal Landscape document (June

2023 version) based on core constitutional and other guidance emerging from U.S. Supreme Court (and lower court) opinions from the inception of the COVID-19 pandemic in January 2020 through the Supreme Court’s recent 2023-2024 term, no later than June 30th, 2025.

4.1.3.1. The premier goal of these efforts is to ensure AZ CSC legal guidance reflects key constitutional norms and principles to help divert or assuage potential challenges or misapplications of CSC efforts ahead.

4.1.4. Present the committee with proposed updates to the AZ CSC Legal Landscape document based on the extant legal and regulatory environment consistent with AZ law, no later than June 30th, 2025.

4.1.5. Present a webinar to the committee and other invited personnel based on critical legal updates to the AZ CSC legal guidance as per the two-step process noted above.

4.1.5.1. The webinar shall be at least thirty (30) minutes in length and shall cover the legal findings contained in the deliverable document referenced in 4.1.4. The webinar shall occur no later than June 30th, 2025.

4.1.6. Prior to finalizing submissions, submit advance drafts to ADHS with opportunities to review and receipt of comments that lend to corresponding revisions to the deliverables.

5. State Provided Items

ADHS shall:

5.1. Schedule and provide platforms for virtual meetings.

5.2. Provide updated Arizona CSC Plan content related to the core objectives above.

5.3. Provide University with any questions or comments during committee presentations based on deliverables noted above.

6. Deliverables

6.1. The University Center, via its core personnel, shall:

6.1.1. Provide a final version of the revised AZ CSC Legal Landscape document no later than June 30th, 2025.

6.2. The University is responsible for all phases of production and will provide invoices within fourteen (14) days of services.

7. Notices, Correspondence, Reports and Invoices

7.1. Notices, correspondence, reports and invoices from the University to ADHS shall be sent to:

Susan Runcorn Section Chief, Community and Healthcare Preparedness 150 N. 18th Avenue, Suite 150 Phoenix, AZ 85007 480-599-8488 susan.runcorn@azdhs.gov

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

7.2. Notices, Correspondence, Reports and Payments from ADHS to the University shall be sent to:

James G. Hodge, Jr. J.D., LL.M.

Peter Kiewit Foundation Professor of Law Director, Center for Public Health Law and Policy Sandra Day O’Connor College of Law Arizona State University 111 E Taylor St., MC 9520 Phoenix, AZ 85004 james.hodge.1@asu.edu

Office for Research & Sponsored Projects Administration Arizona State University P.O. Box 876011 Tempe, AZ 85287-6011 asu.awards@asu.edu industryagreements@asu.edu Fax: 480-965-2455

Mini Maestas Assistant Director of Business Services Sandra Day O’Connor College of Law Arizona State University 111 E. Taylor Street #526 Phoenix, AZ 85004 602-543-1688 Mail Code 9520

Melinda Marino, Med, CRA Research Advancement Manager College of Law Arizona State University 111 E. Taylor Street Phoenix, AZ 85004 480-965-8454 melinda.marino@asu.edu

PRICE SHEET CTR073692

PRICE SHEET

Fixed Price Contract Contract Price Sheet

ACCOUNT CLASSIFICATION LINE-ITEM TOTALS

PERSONNEL $32,000.00

EMPLOYEE RELATED EXPENSES $0.00

TRAVEL $0.00

PROFESSIONAL & OUTSIDE SERVICES $4,000.00

CAPITAL EXPENSES $0.00

OTHER OPERATING EXPENSES $0.00

TOTAL CONTRACT NOT TO EXCEED: $36,000.00

Rate Schedule. Compensation will be on a fixed-price basis. ADHS will pay ASU an amount not to exceed $36,000.00 USD for ASU's services hereunder. ADHS will remit not less than fifty (50%) of the total contract price upon execution by both parties of this Agreement, which ASU may hold as a reserve. The balance of the contract price due under this Agreement will be paid according to the following schedule:

Payment Schedule Date Due: Description of Deliverable: Amount Due:

Upon Execution of Agreement Fully Executed Agreement $18,000.00 September 30, 2024 Present the committee with proposed updates to the AZ CSC Legal Landscape document based on the extant legal and regulatory environment consistent with AZ law

$4,500.00

March 31, 2025 Present the committee with proposed updates to the AZ CSC Legal Landscape document above based on constitutional shifts or changes related to existing U.S. Supreme Court (or lower court) opinions impacting emergency legal preparedness and response between January 2020 and July 2024

$4,500.00

May 30, 2025 Present a webinar to the committee and other invited personnel based on critical legal updates to the AZ CSC legal guidance as per the two-step process noted above

$4,500.00

June 30, 2025 Present the committee with “real-time” translations based on the revised AZ CSC legal guidance to help guide responses in the field during future emergencies

$4,500.00

ASU Payment Address (if different than above address) Attention: College of Law Business Office

MC9520

Arizona State University 111 E. Taylor Street Phoenix, Arizona 85004-4467