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Gina Corwin Digitally signed by Gina Corwin Date: 2024.10.29 14:45:16 -07'00'

PART ONE (1)

TABLE OF CONTENTS ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 N. 18th Avenue, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

HRPP COMMUNITY HEALTH NURSING SERVICES

(CHN)

*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 One (1): What is the High-Risk Perinatal Program (HRPP)?

Exhibit Two (2): Annual Plan

Part Two (2) Special Instructions to Offerors

Uniform Instructions to Offerors

Attachments uploaded 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 in Boycott of Israel

Attachment E: Forced Labor of Ethnic Uyghurs Ban

Attachment F: Proposed Subcontractors

SCOPE OF SERVICES

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

1. DEFINITIONS

1.1. “CHN” refers to a Community Health Nurse who specializes in promoting health for diverse communities, infants, children, adolescents and adults.

1.2. “Contact” is defined as a CHN communicating directly with the caregiver of an enrolled participant by either phone, text or email and receiving a response by the caregiver of an enrolled participant.

1.3. “CQI” refers to Continuous Quality Improvement as the progressive incremental improvement of processes, safety, and patient care. The goal of CQI may include improvement of operations, outcomes, systems processes, improved work environment, or regulatory compliance with the High-Risk Perinatal Program

HRPP;

1.4. “ETO” refers to Efforts to Outcomes; a software system owned by BonterraTM that supports businesses in quality data collection, report building needs, and case management tools.

1.5. “HRPP” refers to The High-Risk Perinatal Program; the mission of the program is to reduce maternal and infant mortality and morbidity through a regionalized statewide system of coordinated care that includes consultation, transport, hospital care and community health nursing follow-up;

1.6. “MECSH” refers to the Maternal Early Childhood Sustained Home-Visiting model that expands traditional postpartum care by providing home visiting services during and after pregnancy that are designed to enhance maternal and child outcomes;

1.7. “NAS” refers to Neonatal Abstinence Syndrome; a group of conditions caused when a baby withdraws from certain drugs they are exposed to in the womb before birth. Automatic HRPP eligibility requires the infant to be diagnosed with NAS by a medical professional.

2. BACKGROUND

2.1 Prior to 1967, Arizona had one of the highest infant mortality rates in the country. That same year, in an effort to reduce the infant mortality rates, Arizona applied for and received a federal demonstration grant. The grant was designed to reduce infant death by transporting critically ill newborns from rural hospitals into intensive care centers. To meet the federal grant requirements community health nurses also followed infants for five

(5) years. Between 1967 and 1972, there was a significant reduction in infant mortality.

2.2 In 1972, the State Legislature provided state funding for what would later become the Neonatal Intensive

Care Program (NICP), which increased services to those infants transported to metropolitan hospitals (Level III’s), and expanded services to include infants born in Level II or Level III hospitals. In 1975, Arizona received a Robert Wood Johnson Foundation Grant to develop regionalized perinatal care. A component of that system was the follow-up of families whose infants were enrolled in the NICP up to the infant’s first year of age.

2.3 In the late 1980's, the Arizona Department of Health Services (ADHS) Office of Women’s and Children’s

Health (OWCH) in coordination with the County Health Departments identified a need for community health nursing home based services for those infants who may not have been critically ill at birth but were diagnosed with health concerns at a later date. The Children and Youth with Special Health Care Needs Program (CYSHCN) in the Office of Children’s Health, collaborates with the High-Risk Perinatal Program (HRPP) to support the home visiting program to provide assessment and intervention services to children who have chronic medical conditions and whose families express a desire for information, support, and/or coordination with multiple service providers and resources. The age level for services was extended to three (3) years for

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

HRPP and nineteen (19) years for CYSHCN eligible children. As additional services were added to the program, the Newborn Intensive Care Program was renamed High-Risk Perinatal Program (HRPP).

2.4 HRPP depends on partnerships with families, medical communities, funding sources, and policy makers to provide risk appropriate transport, newborn hospital care, and community health nursing for high-risk pregnant women and critically ill newborns. These services should be accessible to all critically ill newborns and their families in Arizona regardless of geographic location and ability to pay; in order to protect families from catastrophic costs.

2.5 The High-Risk Perinatal Program aims to reduce maternal and infant morbidity and mortality by supporting a statewide regionalized system of care that includes:

2.5.1 Infants and toddlers meeting HRPP program eligibility.

2.5.2 Mothers and families of enrolled infants and children.

2.5.3 Medical consultation and transport for high-risk mothers and infants to the most appropriate level of medical care.

2.5.4 Working with perinatal partners to reduce the impact of catastrophic medical costs on families with high-risk infants through reduced fees and financial support.

2.5.5 Providing medical treatment, education and developmentally appropriate care for high-risk infants.

2.5.6 Monitoring the health and development of high-risk infants through family support, education, and home-based follow up.

3. OBJECTIVE

Community Health Nursing assists in the smooth transition of medically fragile HRPP enrolled infants and their families from a Neonatal Intensive Care Unit (NICU) or special care nursery (SCN) to home and/or HRPP enrolled infants meeting an automatic eligibility criteria and to provide family centered, culturally responsive, developmentally appropriate, and evidence informed coordinated home visiting services to these infants and other children/families identified with special health care needs. This care will include collaborating with the mothers on issues related to their own wellbeing in an effort to improve their ability to meet the needs of the enrolled infants and decrease the likelihood of a poor birth outcome with subsequent pregnancies.

4. SCOPE OF SERVICE

The Contractor shall assume the responsibility for the provision of a home visitation program for infants enrolled in the HRPP to include screening, physical, developmental, psychosocial and environmental assessment of the discharged infant and an assessment of postpartum wellness and interconception health status of the mother. This scope will include coordination of and referral to community services for eligible infants and children and follow-up for infants identified by the Newborn Screening Program as needing repeat testing.

5. TASKS

5.1. The Contractor shall, as outlined in the latest ADHS Community Health Nursing Policy & Procedure Manual:

5.1.1. Provide a home-based visitation program to enrolled HRPP participants in the agreed-upon designated service area.

5.1.2. Complete a physical, developmental, psychosocial and environmental assessment of the enrolled http://www.azdhs.gov/HRPP

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

infant including evidence-based education, family support and early intervention along with referral services to community resources as needed.

5.1.3. Provide a wellness assessment that includes a maternal postpartum depression screen, maternal postpartum anxiety screen, and interconception information. Contractor may determine which tool to use for screenings. Possible screening tools may include but are not limited to.

5.1.3.1. Physical, developmental, psychosocial and environmental assessments of infants enrolled in the HRPP using Ages and Stages Questionnaires®.

5.1.3.2. The Edinburgh Postpartum Depression Scale (EPDS) and/or the General Anxiety Disorder (GAD) Assessment to caregivers of infants enrolled in the HRPP.

5.1.4. Provide support, education, and resources as needed. Possible topics and resources for neonates and caregivers may include but are not limited to:

5.1.4.1. Education on infant cues, vision and hearing, tummy time, infant massage, baby led weaning, infant safe sleep, infant walker safety, hypotonia vs hypertonia, introduction to allergenic foods.

5.1.4.2. Education on fourth-trimester expectations, substance use disorder referrals, and mental health resources.

5.1.4.3. Contact a minimum of seventy percent (70%) of referrals within fourteen (14) days and 100% of referrals within thirty (30) days of receiving the referral receipt of HRPP Enrollment and Discharge forms.

5.1.4.4. Contact efforts and frequency are outlined in the High Risk Perinatal Program

Community Health Nursing Policy and Procedure Manual.

5.1.4.5. Non-responsive participants to contact efforts can be closed as “lost to follow up” after 30 days - guidelines of contact efforts are outlined in the High Risk Perinatal Program Community Health Nursing Policy and Procedure Manual.

5.1.5. Complete the first home visit with a minimum of seventy-five percent (75%) of participants within fourteen (14) days of contact and 100% of participants within thirty (30) days of contact.

5.1.5.1. Visit proximity includes from CHN office to home visit, from CHN home to first visit, or from first visit to second visit.

5.1.5.1.1. Distance level one (1) includes total miles between two (2) points ranging from one (1) to fifty (50) miles.

5.1.5.1.2. Distance level two (2) includes total miles between two (2) points ranging from fifty (50) miles and above.

5.1.6. Visit enrolled participants per the visit schedule in the latest version of the Policy and Procedure Manual and as determined by the HRPP Risk Criteria for Developmental Follow-up Services.

5.1.6.1. Participants considered at low risk may receive a minimum of four (4) visits within the first year from the date of discharge.

5.1.6.2. Participants considered at high risk may receive a minimum of six (6) visits within the first year from the date of discharge.

https://agesandstages.com/products-pricing/asq3/ https://perinatology.com/calculators/Edinburgh%20Depression%20Scale.htm https://www.corc.uk.net/outcome-experience-measures/generalised-anxiety-disorder-assessment-gad-7/#:%7E:text=The%20Generalised%20Anxiety%20Disorder%20Assessment,over%20the%20past%20two%20weeks.

https://www.corc.uk.net/outcome-experience-measures/generalised-anxiety-disorder-assessment-gad-7/#:%7E:text=The%20Generalised%20Anxiety%20Disorder%20Assessment,over%20the%20past%20two%20weeks.

https://www.azdhs.gov/prevention/womens-childrens-health/childrens-health/index.php#hrpp https://www.azdhs.gov/prevention/womens-childrens-health/childrens-health/index.php#hrpp http://www.azdhs.gov/HRPP http://www.azdhs.gov/HRPP http://www.azdhs.gov/HRPP http://www.azdhs.gov/HRPP http://www.azdhs.gov/HRPP

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

5.1.6.2.1. Participants needing more than Four (4) to Six (6) visits per year should be referred to other services.

5.1.7. Provide assistance to the ADHS Newborn Screening Program in locating families with a previously abnormal test result and facilitate the collection of newborn blood spot.

5.1.8. Collaborate and coordinate with other contracted CHN agencies when providing services in the same area.

5.1.9. Coordinate with other providers and make referrals to appropriate services within the community and prevent duplication of services.

5.1.10. Provide a home-based visitation program, which shall include CHNs, and may include early interventionist and/or a social worker.

5.1.11. Provide a program that recruits, hires, trains, supervises and encourages ongoing professional competency of community health nurses, early interventionists and social workers that have contact with infants, toddlers and families.

5.1.12. Maintain documentation of orientations, continuing education and ongoing supervision for all program staff.

5.1.13. Participate in CHN HRPP quarterly meetings (July, October, January, April).

5.1.14. Participate in the continuous quality improvement (CQI) process for community health nursing, CQI project will be determined at the end of the State Fiscal year for the upcoming year. CQI outcomes to be discussed during HRPP quarterly meetings.

5.1.15. Complete blood spot collection as requested by the Arizona State Public Health Laboratory and send cards to the laboratory within twenty-four (24) hours.

5.1.16. Participate in CHN HRPP quarterly meetings, held in person with an option to attend virtually at the Arizona Department of Health Services at 150 N 18th Avenue, Phoenix Arizona 85007 (July, October, January, February).

5.1.17. Complete and submit an Exhibit Two (2) Annual Plan, thirty (30) days from the start of the new fiscal year beginning July 1st and ending June 30th using the designated template provided be

ADHS.

5.2. Contractors shall identify their service area(s) by “statewide,” “city,” “county,” or “geographic area.” Any changes to the service area location(s) shall be specified in writing to the ADHS. ADHS may request for additional service areas to be covered by zip code. ADHS will seek Contractor approval before assigning any new service areas.

6. REQUIREMENTS

6.1. The Contractor Shall:

6.1.1. Employ Arizona Licensed Registered Nurses with Basic Life Support Certification, experienced in pediatrics and/or NICU and a Bachelor of Science degree. Social Workers shall be a licensed Master Social Worker and/or hold a Master of Social Work degree. Early Interventionists shall shall at a minimum possess a Bachelor’s degree and be license in early childhood, early childhood special education or a closely related field, hold a valid Arizona

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

license as a speech-language pathologist, or be certified as an audiologist, physical therapist or occupational therapist.

6.1.2. Provide education logs, completed visit forms, monthly invoices, logs of clients seen, quarterly reports, and other program related information and documentation as requested.

6.1.3. Maintain all necessary permits and licenses, when applicable, and be licensed to provide service in Arizona.

6.1.4. Designated nurses and/or support staff will be trained on the HRPP Efforts to Outcome (ETO) data management system within Sixty (60) days of hire.

6.1.5. Data, including documentation of contact, visits, screening, referrals, and dismissals, shall be entered into HRPP Efforts to Outcome (ETO) data management system within seven (7) days of the contact or visit date.

6.1.6. A minimum of one (1) individual shall attend the annual HRPP meeting and conference.

6.1.7. CHNs shall be trained in Ages and Stages Questionnaire (ASQ3/ASQ-SE) by an approved trainer within six (6) months of hire.

6.1.8. CHNs shall ensure that enrolled infants and children receive the initial ASQ within oe (1) year of program enrollment.

6.1.9. All services, screening tools, and assessments implemented for this Contract shall be performed in accordance with the Community Health Nursing Policy and Procedure Manual.

6.1.10. A valid Certificate of Insurance within five (5) days of Contract award. A Purchase Order shall not be issued for the Contractor to begin work without valid and correct insurance in the Contract file.

7. REFERENCE DOCUMENTS

7.1 ADHS Community Health Nursing Policy and Procedure Manual and additional reference documents will be available on the HRPP website at ADHS – HRPP.

7.2 Exhibit Two (2), Community Health Nursing Services (CHN) Invoice and Annual Plan, also available through Home Visiting Program Manager.

7.3 ADHS Newborn Screening Guidelines – available at Newborn Screening.

7.4 ADHS/BWCH/CYSHCN Quality Management and Improvement Guidelines – available in ADHS CHN Policy and Procedure Manual .

7.5 HRPP Efforts to Outcome (ETO) Data Management System Guidelines – to be made available through Program Manager as part of the CHN Policy and Procedure Manual.

8. ADHS APPROVALS

ADHS will:

8.1 Approve of all plans identified in provision five (5), Tasks.

https://agesandstages.com/products-pricing/asq3/ http://www.azdhs.gov/HRPP http://www.azdhs.gov/HRPP https://www.azdhs.gov/preparedness/state-laboratory/newborn-screening/ http://www.azdhs.gov/HRPP http://www.azdhs.gov/HRPP chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.azdhs.gov/documents/prevention/womens-childrens-health/childrens-health/hrpp-nicp/chn-policy.pdf chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.azdhs.gov/documents/prevention/womens-childrens-health/childrens-health/hrpp-nicp/chn-policy.pdf

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

8.2 Approve and completion of the supervisor’s report, training calculation log, training certificates, and invoice prior to payment.

8.3 Review and approve of Continuous Quality Improvement (CQI) Indicators to be submitted to ADHS at formal site visits.

8.4 Approve of all training prior to courses being scheduled.

8.5 Notify and seek approval from the Contractor prior to assigning a new service area.

9. DELIVERABLES

The Contractor shall submit to ADHS:

9.1 A billing invoice submitted electronically to ADHS Program Manager within twenty-one (21) days after the end of each month using the ADHS provided template.

9.2 HRPP CHN Education Log to be submitted within thirty (30) days of the beginning of each fiscal year.

9.3 Exhibit Two (2) Annual Plan, to be submitted within thirty (30) days of the beginning of each fiscal year.

9.4 Submit HRPP Community Health Nursing Quarterly Report via Google Forms on the Twenty-fifth (25th) of the respective months (due October, January, April, July) progress on all tasks, program barriers and successes, as well as staffing updates and special projects.

10 NOTICES, CORRESPONDENCE REPORTS AND INVOICES

10.1 Notices, Correspondence, and Reports from the Contractor shall be mailed to:

Arizona Department of Health Services Bureau of Women & Children’s Health (BWCH) Attn: HRPP CHN Program Manager 150 North 18th Ave, Suite #320 Phoenix, Arizona 85007 Jessica.payne@azdhs.gov

10.2 Invoices shall be sent to: invoices@azdhs.gov

10.2.1 Contractor’s invoice shall be submitted no later than the close of business on the twenty-first (21st) of each month, following the month of service. The Contractor Manager, or Designee, shall review and approve the invoice.

https://docs.google.com/forms/d/1FIfcfjPNsoCYfFXaW4GcyIsUUXXG47jmwyFKarlPmmg/prefill mailto:Jessica.payne@azdhs.gov

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

10.3 AUTOMATED CLEARING HOUSE

10.3.1 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/publications/forms

10.3.2 ACH Vendor Authorization Form shall be emailed to Vendor.Payautomation@azdoa.gov https://gao.az.gov/publications/forms

SPECIAL TERMS AND CONDITIONS

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

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 award, 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 Fixed Price

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 shall 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 shall agree to assign a specific individual to serve as a primary day-to-day contact.

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

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.

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

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

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

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

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

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 include 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 The 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

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

20.3.3 Workers; Compensation and Employers’ Liability

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).

20.3.4 Professional Liability (Errors and Omissions Liability)

20.3.4.1 Each Claim $2,000,000.00

20.3.4.2 Annual Aggregate $2,000,000.00

20.3.5 If SAM coverage is being provided under this policy, then 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.” This coverage may be sub-limited to no less than $500,000.

20.3.6 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.

20.3.7 The policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Work of this Contract.

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

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

indemnification provisions of this Contract.

20.5 Additional Insurance Requirements

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

21.5.1 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).

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

20.6 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.

20.7 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.

20.8 Verification of Coverage

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

20.8.1 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.

20.8.2 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.

20.8.3 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.

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

20.9 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.

20.10 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.

20.11 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

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:

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite

Phoenix, Arizona 85007

REQUEST FOR PROPOSAL NO.: BPM006057

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 pandemic is declared and emergency procurements are authorized by the Director as per A.R.S. 41-2537 of the Arizona Procurement Code; and

22.2.3 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).

22.3 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.

23. UNIQUE ENTITY IDENTIFIER (UEI)

Pursuant to 2 CFR 25.100 et seq., no entity (defined as a Governmental organization, which is a State, local government, or Indian…