CTR078642_Contract_Documents_.pdf

ATTACHMENT A

Offer and Acceptance

REQUEST FOR PROPOSAL

No.: BPM006391

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530 Phoenix, AZ 85007

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions in the offer.

Company Name Signature of Person Authorized to Sign Offer

Address Printed Name

City State Zip Title

UEI Number Phone & Email Address

By signature in the Offer section above, the Offeror certifies:

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive

Order 2009-9 or A.R.S. §§ 41−1461 through 1465.

3. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.

4. The Offeror certifies that the above referenced organization IS/ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

This Contract shall henceforth be referred to as Contract No.:

The effective date of the Contract is

The Contractor is cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order, contact release document or written notice to proceed.

State of Arizona Awarded this _ day of 2025

Chief Procurement Officer or Designee

Altra LLC

6103 E. Grant Rd.

Tucson AZ 85712

Taylor Silerio

VP

520-731-8000 taylor@altrahealthcare.comHJ43GPHBABQ1

9th September

Gina Corwin Digitally signed by Gina Corwin Date: 2025.09.09 16:00:24 -07'00'

Solicitation Requirements – Table of Contents

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite 530 Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

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

SECTION CONTENT

Solicitation Requirements: Notice Page

Table of Contents

Scope of Work

Special Terms and Conditions

Uniform Terms and Conditions

Exhibit One (1) - Position Descriptions, Requisite Qualifications and Job-

Specific Tasks

Exhibit Two (2) – Defined Shift Schedule

Exhibit Three (3) – Dress Code Policy

Solicitation Instructions: Special Instructions to Offerors

Uniform Instructions to Offerors

Attachments located in APP Attachment A: Offer and Acceptance

Attachment B: Notices, Correspondence and Payments

Attachment C: Designation of Trade Secret

Attachment D: Participation if Boycott of Israel

Attachment E: Forced Labor

Attachment F: References

Attachment G: Subcontractors

Attachment H: Billable Rate Breakdown

Attachment I: HIPAA Business Associate Agreement (BAA)

Solicitation Requirements – Scope of Work

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

1. Background

1.1 The Arizona State Hospital (ASH) is a Division of the Department of Health Services (ADHS). It is established and operated under A.R.S. § 36-202 et. seq. “for the care and treatment of persons with mental disorders and persons with other personality disorders or emotional conditions who will benefit from care and treatment.” The Arizona State Hospital is the State’s only hospital dedicated to the care of the seriously mentally ill. The Hospital serves to provide evidenced based treatment in a recovery paradigm utilizing a multidisciplinary team approach.

1.2 The Hospital provides treatment and rehabilitative services to the most severely mentally ill persons in the State. This is a court-ordered, civil, and forensic committed treatment center. Individuals must be suffering from a behavioral health illness, which has severely impaired their functioning and ability to live within their family and community. The Hospital’s current population is approximately two hundred sixty (260) patients in thirteen (13) separate units divided into three (3) separate areas. This Contract is a key component to ensure that the Hospital meets its statutory mandate.

1.3 The Arizona State Legislature enacted A.R.S. § 36-3701 in the 1997 legislative session requiring the housing of “sexually violent persons” (SVP) at the Hospital in the Arizona Community Protection and Treatment Center (ACPTC) program. ACPTC provides for a secure treatment environment for sexually violent persons (residents) who have been determined to have a mental disorder and need to be committed to protect the health and safety of others in the community. The ACPTC’s current population is approximately one-hundred

(100) residents in three (3) separate units.

1.4 The Hospital and ACPTC, otherwise known as the “Hospital”, are located at 2500 East Van Buren Street, Phoenix, Arizona 85008 with the physical entrance to the hospital located at 501 N. 24th Street. The Hospital operates twenty-four (24) hours per day, three hundred sixty-five (365) days per year.

2. Objective

2.1 The objective is to secure contract(s) with Contractors qualified to provide Registry Staffing Services for the residents and patients at the Hospital not including ACPTC. The Contractor shall provide Registry Staffing Services that include the following: Behavioral Health Technicians (BHT), and Registered Nurses (RN), to the Hospital in accordance with the Scope of Work. Services will be on an as-needed, if-needed, basis at the request of the Hospital. The ADHS does not guarantee the use or volume of any Contract; however, based on historical need for Hospital services to supplement existing staffing resources, the Hospital anticipates the need for multiple contractors to ensure an adequate candidate pool is available to meet the needs of the facility.

2.2 Although this Contract is applicable to BHTs, and RNs, the Hospital’s primary need is specific for BHTs; at present, the Hospital requires approximately twenty (20) Registry BHTs per shift. The Contractor(s) shall provide qualified staff at a volume to meet the needs of the Hospital, regardless of day or shift.

3. Scope of Work

The Contractor shall:

3.1 Provide Registry Services on-site at the Hospital located at the physical entrance at 501 N. 24th Street, Phoenix, AZ 85008, that shall be performed in a thorough and professional manner that conforms to the accepted methods and practices and in strict compliance with all local and state codes, ordinances, laws and policies.

3.2 Be responsible for establishing that each individual assigned to perform work at the Hospital are licensed by the State of Arizona if such a license is required by state law for the tasks performed under this Contract.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

3.3 Tasks of positions supplied to the Hospital under this Contract shall be performed in accordance with Exhibit One (1) of this Contract.

4. Requirements

4.1 License and Certification Requirements:

The Contractor shall:

4.1.1 Possess all business licenses and/or certifications required by Arizona State Law to provide Registry Services.

4.1.2 Be responsible for verifying current license and certification and to obtain copies for the personnel file. The Contractor shall present the license(s) and certification(s) within four (4) hours of the Hospital’s request.

4.1.3 Be responsible for verifying licenses and certifications with the Arizona State Board of Nursing prior to having their employees commence work with the Hospital. (RN ONLY). All RN shall Hold a current license in good standing privilege to practice as a RN.

4.1.4 Comply with the Arizona State Board of Nursing Statutes, Rules, Regulations.

4.1.5 Comply with all requirements set forth by the Centers for Medicare and Medicaid Services (CMS), State Licensing and The Joint Commission.

4.2 General Requirements:

The Contractor shall:

4.2.1 Have a minimum of five (5) years of experience providing the services required.

4.2.2 Have a designated staff member available to receive calls, faxes, e-mails and phone messages twenty-four (24) hours, seven (7) days a week, based on the needs of the Hospital. The designated person shall return and confirm the request for services within one (1) hour. All requests shall be made by the Nursing Program Administrator or designee. The notification will have detailed information on the assigned work area and hours. The Contractor shall be responsible for providing the requesting agency with an Employee Summary Sheet for each new staff sent to the facility.

4.2.3 Participate in Quarterly Business Review (QBR) meetings at the Hospital, during which they will present on their recent hiring activity, trends, barriers and achievements. The QBR meeting may be attended by multiple contractors to promote operational continuity and consistency across Contractors.

4.2.4 Notify their employees of an assignment and provide the details related to that assignment to include but not limited to the following:

4.2.4.1 Date and time of orientation.

4.2.4.2 Location, including address and phone number.

4.2.4.3 Shift hours (see Exhibit Two (2) for shift hour details).

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

4.2.4.4 Duration of request.

4.2.4.5 Name of person at the Hospital to whom personnel will report.

4.2.4.6 Sign in & Sign out Procedures.

4.3 Upon arrival at the facility, all Contractor employees are to register their arrival time via a biometric scanner stationed in the Hospital’s lobby, then report to the staffing office for unit assignment. All Contractor employees shall further check-in with the unit charge nurse immediately upon arrival on their assigned unit to ensure the time of arrival to the unit can be accurately documented. When ending an assignment, the Contractor’s employee shall check with the unit charge nurse prior to leaving the unit, and register their departure time via a biometric scanner stationed in the Hospital’s Lobby. The Hospital’s Business Office will transmit an electronic report to the Contractor before noon each Tuesday detailing the start/stop times for their respective employees during the prior week (Saturday through Friday). The Contractor shall use this labor activity report as the basis for invoicing the Hospital.

4.3.1 The Nursing Program Administrator or designee will send via email a preliminary attendance report to the Contractor each Monday morning, to be returned by the contractor no later than 11:00 am.

4.3.1.1 If a discrepancy is discovered, the Contractor shall notify Hospital Procurement at Hospital.Procurement@azdhs.gov.

4.3.2 Once all is verified by the Hospital nursing staff, timecards are locked the Hospital will provide finalized timecards.

4.4 Ensure all Contractor’s employees work through the end of all assigned shifts. A verbal report to the nurse assuring responsibility for care on the status of the patient/s or resident/s under their care or any significant event will be required before leaving the premises at the end of their shift.

4.5 Ensure all Contractor’s employees acknowledge and understand a Late Call. A “Late Call” is defined as a request for personnel made after the shift has begun or a half (1/2) hour prior to the start of the shift. When a “late call” occurs, the following guidelines must be followed:

4.5.1 Upon confirmation of the “late call”, the expectation is that the requested Contractor employees shall be in the facility to commence work within one and a half (1½) hours of notice.

4.5.2 A “Late Call” will be paid for the entire shift.

4.5.3 If a “Late Call” comes in after the one and a half (1½) hours deadline, the Hospital reserves the right to pay only for the hours actually worked. Any other costs shall be the responsibility of the Contractor.

4.6 Ensure all Contractor’s employees shall arrive for work on time. The Hospital reserves the right to refuse assigned employees who are more than ten (10) minutes late for the assigned shift. The Hospital may refuse any of the Contractor’s employees who demonstrate excessive tardiness on more than three (3) occasions.

4.7 Be responsible for finding replacements for their staff that call in sick, or do not arrive for a scheduled shift.

The designated person shall return and confirm the request for services within one (1) hour.

4.8 Be responsible for providing additional information and/or training to their employees as new information and technologies become available. The Contractor shall be responsible for all expenses related to ongoing training.

4.8.1 As a cost-savings measure, and to expedite placement, the Hospital STRONGLY RECOMMENDS

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

the Contractor designate and certify at least one (1) employee as a Crisis Prevention Institute (CPI) Non-Violent Crisis Intervention (NVCI) with Advanced Physical Skills Trainer. This individual would then train new registry staff as they are sourced to ensure they obtain a valid “CPI Blue Card”.

4.9 Ensure all Contractor’s employees understand that showing signs of impairment will be questioned by Hospital staff. The Contractor shall absorb the cost for drug testing. If the supervisor feels the employee is not able to safely perform their duties, the employee will be sent home in a safe manner, and will be paid for hours worked. Additionally, a written report documenting the incident will be sent to the Contractor.

4.10 Institute a shift differential for worked performed by registry staff during weekend shifts, incorporated as Attachment H – Billable Rate Breakdown, of this Contract. This shift differential is necessary to ensure registry staff are incentivized to work off-hours and shall be applied at no additional expense to the Hospital.

4.11 Acknowledge and notify all Contractor’s employees about Overtime. Overtime means any time worked over forty (40) hours in one work week. Overtime requires prior Hospital written approval.

4.11.1 The Hospital’s work week begins on Saturday and ends on Friday. The payroll work week for Registry is Sunday-Saturday.

4.11.2 Weekend work shall not be considered overtime unless in excess of forty (40) hours during that Work Week.

4.11.3 If the position falls under FLSA (Fair Labor Standards Act), the overtime rate shall be paid at one and one-half (1 ½) times the hourly rate established in the active Purchase Order.

4.11.4 If the position does not fall under FLSA, then the pay rate for overtime shall be the same as the pay rate for regular/straight time for all approved overtime hours.

4.11.5 Notify the Hospital if the position qualifies under FLSA when requesting written approval for overtime. If the Contractor fails to notify the Hospital that the position falls under FLSA, then the Contractor shall be responsible for paying the individual any wages due in excess of the regular rate for the approved overtime.

4.12 Acknowledges the following: There shall be no Conversion Fee for registry staff who are hired by the Hospital after the registry staff has worked at least five hundred (500) hours at the Hospital. The “No Fee” period may be for a shorter period of time if agreed to in writing between the Hospital and Contractor.

4.13 Comply with all requirements of applicable standards of The Joint Commission, Health Care Financing Agency (HCFA), Occupational Safety Hazard Association (OSHA), National Fire Protection Association (NFPA), Environmental Protection Agency (EPA), Centers for Prevention and Disease Control (CDC) and any other federal, state and local regulatory agencies.

4.14 Provide documentation of evidence of compliance with applicable regulations enforced by The Joint Commission, Health Care Financing Agency (HCFA), Occupational Safety Hazard Association (OSHA), National Fire Protection Association (NFPA), Environmental Protection Agency (EPA), Centers for Prevention and Disease Control (CDC) and any other federal, state, and local regulatory agencies, including ASH Policies and Procedures.

4.15 Provide a Plan of Correction (POC) as requested by the Hospital when deficiencies have been identified by the Hospital or an external regulatory agency.

4.16 Obey all posted speed limits on Hospital grounds, including al Contractor staff and employees.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

4.17 Ensure no cameras, including cell phones with built-in cameras, are permitted on Hospital property.

4.18 Ensure that all Contractor’s employees obey that the Hospital grounds are drug, alcohol and tobacco-free.

4.19 Ensure that all Contractor’s employees obey that no firearms are permitted on Hospital property.

4.20 Understand that payment will be from the hourly rates indicated on the Items Tab on the Contract for services rendered. Additional expenses for travel will not be allowed.

4.21 Shall maintain compliance with the signed HIPAA Business Associate Agreement (BAA) (Attachment I);

throughout the life of the contract and as required by law.

4.22 Provide the same level of care and attention to detail to the patient’s health and comfort that the Hospital staff exhibits on a daily basis.

4.23 A current and valid Certificate of Insurance (COI) as specified in the Special Terms and Conditions within ten (10) days of Contract award. Service will not be permitted without a Purchase Order issued by ADHS.

A Purchase Order will not be issued to the Contractor without a valid and current COI on file with ADHS throughout the term of the Contract.

5. Tasks

The Contractor shall:

5.1 Actively source, screen, recruit and submit candidates for registry staffing placement at the Hospital in accordance with the position descriptions and requisite qualifications identified in Exhibit One (1) of this Contract.

5.2 Submit complete candidate profiles, clearly detailing and substantiating the requisite qualifications outlined in Exhibit One (1) of this Contract, to the Hospital for review and evaluation to determine if the individual's knowledge, skills, experience, and abilities would make them suitable for registry placement at the Hospital.

At a minimum, a complete candidate profile shall contain:

5.2.1 Resume or CV detailing prior relevant work experience, including past employers, job responsibilities, and the start month and year, and the end-month and year of each position.

5.2.2 Evidence of a valid Cardiopulmonary Resuscitation (CPR) card meeting the American Heart Association standards.

5.2.3 Evidence of a valid “CPI Blue Card” from the Crisis Prevention Institute (CPI) certifying the individual successfully completed training, and is familiar with the principles of, Non-Violent Crisis Intervention (NVCI) with Advanced Physical Skills.

5.2.4 Evidence of a high school diploma, Graduate Equivalency Degree (GED), or a higher level of educational attainment as required by the position.

5.2.5 A valid Level 1 Fingerprint Clearance Card issued by the State of Arizona, Department of Public Safety (DPS), or evidence of an active application for Fingerprint Clearance pending review by

DPS.

5.2.6 Evidence of a negative tuberculosis (TB) screening within the past twelve (12) month period.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

5.3 Monitor and ensure their registry staff maintains current, valid, CPI, CPR, TB and Fingerprint certification and/or clearance throughout their period of assignment at the Hospital. Provide evidence of this to the Hospital within two (2) hours of a request.

5.4 Immediately notify the Hospital when any of the aforementioned certifications or clearances has lapsed, expired or been otherwise revoked, for a registry staff employee. Said individual shall be immediately removed from the active roster of available registry staff until they meet all required standards listed within this section and upon approval from the Hospital.

5.5 Communicate orientation and work shift assignments with their respective registry staff personnel to ensure the individual is aware of, and able to work, their assigned shift(s).

5.6 Develop a pool of BHTs to continuously support the needs of the Hospital seven (7) days a week for all shifts. Up to twenty (20) BHTs may be needed at any given moment; including weekends.

5.7 Provide “block booking” of BHTs, RNs upon request by the Hospital. Block booking would be scheduling shifts for a month at a time.

5.8 All Reports as agreed upon with the Hospital.

The Hospital will:

5.9 Review candidate profiles and provide a response within two (2) business days of receipt from the Contractor. The disposition may be an approval, rejection, or a request for further information or clarifying documentation to determine the candidate’s qualifications.

5.9.1 Due to personnel rules, the Hospital is not able to provide details as to why a candidate is rejected if said reason(s) are other than a failure to show adherence to the specifications outlined in section

5.2 et. seq. above.

5.10 Maintain a “Do Not Return” list of individuals who have previously performed registry work at the Hospital and, during their placement, behaved improperly, violated hospital policies or procedures, or were otherwise determined to be unqualified to return to the facility.

5.10.1 The Hospital will notify the Contractor when one of their employees has been placed on the “Do Not Return” list. That individual shall be immediately removed from all future shifts at the Hospital.

5.10.2 Should the Contractor submit a candidate profile for an individual on the “Do Not Return” list, the Hospital will deny the submission as “DNR”.

5.11 Schedule and provide onsite orientation to new registry staff members. The Hospital reserves the right to cancel orientation classes should there be less than six (6) attendees scheduled to participate. Required orientation and training will not be considered a billable service to the Department.

5.11.1 A one-day orientation will be scheduled so that registry staff can become familiar with the Hospital policies, procedures, facility, and charting for RNs.

5.11.2 The Hospital uses AVATAR (electronic health records) for our charting and during orientation registry staff will receive training on the system. RNs will be expected to chart on patients if they are assuming care for them. BHTs do not chart in the system.

5.12 The Hospital will provide forecasted needs to the Contractor on a daily basis as this varies by the day of the week.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

6. Reporting

6.1 The Contractor shall maintain security over all records, reports and related material and shall release such information only in a manner authorized by the Department.

6.2 The Contractor shall submit reports to the Hospital Business Office with the weekly invoices, unless otherwise noted. If required, the Contractor shall work with the Hospital on report design to ensure the format meets the Hospital’s requirements for treatment, budgeting and contract management purposes.

Contractor may be required to submit additional reports requested by the Hospital to effectively monitor the requirements in this Contract.

7. Holidays

7.1 Holiday pay will be allowed for the following six (6) major holidays:

7.1.1 New Year’s Day (January 1).

7.1.2 Memorial Day.

7.1.3 Independence Day (July 4).

7.1.4 Labor Day.

7.1.5 Thanksgiving Day.

7.1.6 Christmas Day (December 25).

7.2 Rates will apply to a twenty-four (24) hour period, which will begin at 12:00 a.m. the day of to the holiday through 12:00 a.m. of the following day.

7.3 Payment rate for holiday pay is time and a half (1-1/2).

8. Deliverables

The Contractor shall submit:

8.1 Weekly invoices shall be submitted in accordance with Requirements, Section 4.3.

9. Reference Documents

The following documents are available for review at the ADHS Procurement Office or via Internet links as noted:

9.1 ASH Policies and Procedures Manual will be provided upon award.

9.2 Joint Commission Standards – are available for purchase from Joint Commission Resources @ http://www.jcrinc.com/e-dition/.

9.3 Medicare State Operations Manual: http://www.cms.hhs.gov/Manuals/IOM/itemdetail.asp.

9.4 Hospital Licensing https://apps.azsos.gov/public_services/Title_09/9-10.pdf.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

10. Notices, Correspondence, Reports and Invoices

10.1 Notices and Correspondence from the Contractor to ADHS shall be sent to:

Arizona Department of Health Services Procurement Office Attn: Procurement Manager 2500 E Van Buren Phoenix, AZ 85008 Phone number: 480-952-6550 Email: Denel.Pickering@azdhs.gov

And

Arizona Department of Health Services Chief Operating Officer Attn: Shanda Payne 2500 E Van Buren Phoenix, AZ 85008 Phone number: 602-220-6006 Email: Shanda.Payne@azdhs.gov

10.2 Reports from the Contractor to ADHS shall be sent to:

Arizona State Hospital Attn: Nursing Office 2500 E Van Buren Street Phoenix, AZ 85008 Telephone: (602) 629-7062

10.3 All invoices and CERs shall be submitted to: invoices@azdhs.gov.

10.3.1 Contractor’s invoice shall be submitted weekly. Approved invoices shall be paid by ADHS within thirty (30) days of receipt.

10.3.1.1 Invoices shall be grouped by Nursing Positions and Behavioral Health Positions.

10.4 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

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

10.5 All notices, and correspondences from ADHS to the Contractor will be sent electronically via email. to the individual(s) notated on Notices, Correspondence and Payments (Attachment B).

Solicitation Requirements – Special Terms and Conditions ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No.: BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

1. Purpose

Pursuant to provisions of the Arizona Procurement Code, A.R.S. 412501 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 signature or upon final signature for award, whichever is later, 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 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.

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.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No.: BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

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. Price Increase

The Department may review a fully documented request for a price increase only after the Contract has been in effect for twelve (12) months. A price increase adjustment shall only be considered at the time of a Contract renewal and shall be a factor in the renewal review process. The Department shall determine whether the requested price increase or an alternate option is in the best interest of the State. The price increase adjustment, if approved, will be effective upon the effective date of the Contract renewal.

10. Price Reduction

A price reduction may be offered at any time during the term of the contract and shall become effective upon issuance of a contract amendment.

11. 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.

12. 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.

13. 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.

14. 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.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No.: BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

15. 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.

16. 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.

17. Payment Procedures

17.1 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.

17.2 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.

17.3 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.

18. Financial Management

18.1 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.

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

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

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No.: BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

19. Inspection and Acceptance

19.1 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.

20. Authorization for Services

20.1 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.

21. Indemnification Clause

21.1 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.

21.2 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.

22. Insurance Requirements

22.1 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.

22.2 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.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No.: BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

22.3 Minimum Scope and Limits of Insurance

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

22.3.1 Commercial General Liability (CGL) – Occurrence Form

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

General Aggregate $2,000,000

Products – Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Each Occurrence $1,000,00

22.3.1.1 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.

22.3.1.2 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.”

22.3.1.3 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.

22.3.1.4 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.

22.3.2 Workers; Compensation and Employers’ Liability

22.3.2.1 Workers Compensation Statutory

22.3.2.2 Employers’ Liability

22.3.2.2.1 Each accident $1,000,000

22.3.2.2.2 Disease – Each employee $1,000,000

22.3.2.2.3 Disease – Policy Limit $1,000,000

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No.: BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

22.3.2.3 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 from work performed by or on behalf of the Contractor.

22.3.2.4 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).

22.3.3 Professional Liability (Errors and Omissions Liability)

22.3.3.1 Each Claim $2,000,000

22.3.3.2 Annual Aggregate $2,000,000

22.3.4 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.

22.3.5 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, 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.

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

22.4 Additional Insurance Requirements

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

22.4.1 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).

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

22.5 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.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No.: BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

22.6 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.

22.7 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.

22.7.1 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.

22.7.2 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.

22.7.3 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.

22.8 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.

22.9 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.

22.10 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.

HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No.: BPM006391

REGISTRY STAFFING FOR THE ARIZONA STATE

HOSPITAL

23. Health Insurance Portability and Accountability Act of 1996

23.1 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.