PE COMBINED SAAF CONTRACT - BAA.PDF

SERIAL#: PH RFP 230207
CONTRACT PURSUANT TO PH RFP 230207
This Contract is entered into this 1st day of February 2024 by and between Maricopa County (“County”), a political
subdivision of the State of Arizona, and Southern Arizona AIDS Foundation, an Arizona corporation (“Contractor”)
for the purchase of Ryan White Program Services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of three (3) years, beginning on the 1st day of March 2024 and ending
the 28th day of February 2027.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of three (3) additional years, (or at the County’s sole
discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after
expiration). The County shall notify the Contractor in writing of its intent to extend the Contract
term at least sixty (60) calendar days prior to the expiration of the original contract term, or any
additional term thereafter.
1.3 CONTRACT COMPLETION:
The Contractor shall make all reasonable efforts for an orderly transition of its duties and
responsibilities to another provider and/or to the County. This may include, but is not limited to,
the preparation of a transition plan and cooperation with the County or other providers in the
transition. The transition includes the transfer of all records, and other data in the possession,
custody or control of Contractor required to be provided to the County either by the terms of this
agreement or as a matter of law. The provisions of this clause shall survive the expiration or
termination of this agreement.
2.0 PERFORMANCE:
It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County
reserves the right to obtain services on the open market in the event the Contractor fails to perform, and any
price differential will be charged against the Contractor.
3.0 SAFEGUARDING OF CLIENT INFORMATION:
The use or disclosure by any party of any information concerning an eligible individual served under this
Contract is directly limited to the performance of this Contract.
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4.0 CHANGES:
4.1 The Maricopa County Ryan White Program, with cause, by written order, may make changes within
the general scope of this Contract in any one or more of the following areas:
4.1.1 Work Plan activities reflecting changes in the scope of services, funding source, or County
regulations,
4.1.2 Administrative requirements such as changes in reporting periods, frequency of reports, or
report formats required by funding source or County regulations, policies or requirements,
and/or,
4.1.3 Contractor fee schedules, reimbursement methodologies and/or schedules and/or program
budgets.
4.2 Examples of cause would include, but are not limited to non-compliance, under performance,
service definition changes, reallocations or other directives approved by the Planning Council, or
any other reason deemed necessary by the Administrative Agent.
4.2.1 Such order will not serve to increase or decrease the maximum reimbursable amount to be
paid to the Contractor. Additionally, such order will not direct substantive changes in
services to be rendered by the Contractor.
4.2.2 Any dispute or disagreement caused by such written order shall constitute a "Dispute"
within the meaning of the Disputes Clause found within this Contract and shall be
administered accordingly.
4.2.3 The Contractor shall retain the necessary administrative, professional, and technical
personnel for operation of the program.
5.0 CULTURAL COMPETENCY:
5.1 The Contractor shall meet and comply with applicable standards of the federal Culturally and
Linguistically Appropriate Services (CLAS) standards. The Contractor shall develop and implement
organizational policies that comply with these standards.
5.2 The Contractor shall recognize linguistic subgroups and provide assistance in overcoming language
barriers by the appropriate inclusion of American Sign Language and languages of clients accessing
care.
6.0 CONTRACTOR EMPLOYEE MANAGEMENT:
6.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the
performance of this Contract. In the event that Contractor personnel’s employment status changes,
Contractor shall provide County a list of proposed candidates with equivalent experience. Under no
circumstances is it acceptable for the implementation schedule to be impacted by a personnel change
on the part of the Contractor.
6.2 Contractor shall not reassign any key personnel without the express consent of the County.
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6.3 County reserves the right to immediately remove from its premises any Contractor personnel it
determines is a risk to County operations.
6.4 County reserves the right to request the replacement of Contractor personnel at any time, for any
reason.
7.0 COMPENSATION:
7.1 The County reserves the right to reallocate funding during the contract period so that the services
provided, and corresponding contract amount may be decreased or increased, via contract
amendment or Task Order, at the discretion of the County.
7.2 County will pay the Contractor on a monthly basis for approved services and expenses and in
accordance with the reimbursement methodology determined by the County’s Administrative
Agent; either fee-for service or cost. The total funds paid to the Contractor will be dependent upon
the approved invoice according to the Administrative Agent. County does not guarantee a minimum
payment to the Contractor. County will not reimburse for fee-for-service activities when an
appointment is canceled either by the client or Contractor.
7.3 The Contractor understands and agrees to notify the County of any deviations or changes to any
budget line of the current budget in place for this contract within 30 days of such change.
7.4 The Contractor shall be compensated for services provided only by the staff classifications/positions
included/referenced in the current approved budget.
7.5 Unless specifically allowed and referenced elsewhere in this contract, all services are to be provided
at approved Contractor sites and/or venues. Services provided at non-authorized locations or venues
will not be reimbursed by the County.
7.6 The Contractor shall provide monthly financial and corresponding programmatic reports per the
reporting schedule to the County. If the Contractor is not in compliance due to non-performance,
submission of reports after deadlines, insufficient back-up statements or improperly completed
forms, the Contractor may not be reimbursed, or reimbursement may be delayed until program
compliance issues and any other related financial consequences are resolved. Furthermore,
instances of non-compliance with billing and reporting requirements may result in the County
reducing the Contractor’s reimbursement by up to 10% of the corresponding month’s billing.
7.7 The actual amount of consideration to be paid to the Contractor depends upon the actual hours
worked, services provided, and related expenses as stated in the current approved budget or as
modified by contract amendment or appropriately executed task order. Any un-obligated balance of
funds at the end of this Agreement period will be returned to the County in accordance with
instructions provided.
7.8 The Contractor agrees to notify the Ryan White Program annually when fee schedules change for
services that are required to use AHCCCS fee schedules. The Contractor must send notification to
RyanWhitePartA@Maricopa.Gov of the updated fee schedule, highlighting affected service
codes/units and the effective date of new fee schedule, at least 30 days prior to the due date of the
first affected invoice. If Contractor does not notify the Ryan White Program in a timely matter,
the Ryan White Program reserves the right to not allow Contractor to retro bill for increased cost of
services.
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8.0 INVOICES AND PAYMENTS:
8.1 The Maricopa County Ryan White Program requires that all invoices be submitted via its “Secure
File Transfer System.” The Secure File Transfer System is a part of the electronic data system
provided to the Contractor by the County.
8.2 The Contractor shall submit electronically to the Administrative Agent one (1) legible copy of their
detailed monthly invoice before payment(s) can be made.
8.3 Contractor shall submit the invoice packet for services performed on or before the fifteenth (15th)
calendar day following the month in which services were performed.
8.4 The invoice shall include the requirements as outlined in the Ryan White current policies and
procedures manual.
8.5 Problems regarding billing or invoicing shall be directed to the using agency as listed on the
Purchase Order.
8.6 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor
Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract
Award the Contractor shall complete and/or update their Vendor registration located on the County
Department of Finance Vendor Registration Web Site (https://azdom-vss-
ext.hostams.com/PRDVSS2X1/Advantage4).
8.7 EFT payments to the routing and account numbers designated by the Contractor will include the
details on the specific invoices that the payment covers. The Contractor is required to discuss
remittance delivery capabilities with their designated financial institution for access to those details.
9.0 METHOD OF PAYMENT:
9.1 Subject to the availability of funds, County will, within thirty (30) business days from the date of
receipt of the documents enumerated herein, process and remit to the Contractor a warrant for
payment up to the maximum total allowable for services provided or work performed during the
previous month. Payment may be delayed or reduced if invoices are in non-compliance due to late
submission, improperly completed or missing documentation/information or for other contract non-
compliance occurring in the related grant year. Other non-compliance issues that may delay or
reduce payments can be related to any contractual issue and may not necessarily be related to the
bill itself. Should County make a disallowance in the claim, the claim shall be processed for the
reduced amount. If the Contractor protests the amount or the reason for a disallowance, the protest
shall be construed as a dispute concerning a question of fact within the meaning of the "Disputes"
clause of the Special Provisions of this Contract.
9.2 The Contractor understands and agrees that County will not honor any claim for payment submitted
60 calendar days after date of service. The Contractor understands and agrees that County will not
process any claim for payment for services rendered prior to the end of the contract period which
are submitted sixty (60) calendar days after the end of the contract period without approval of
County. For claims that are subject to AHCCCS Regulation R9-22703.B1, County will not honor
any claim for payment submitted nine months after date of service. Claims submitted 45 calendar
days from the last day of the grant year will not be honored or reimbursed.
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9.3 The Contractor agrees to notify the Ryan White Program annually when fee schedules change for
services that are required to use AHCCCS fee schedules. The contractor must send notification to
RyanWhitePartA@Maricopa.Gov of the updated fee schedule, highlighting affected service
codes/units and the effective date of new fee schedule, at least 30 days prior to the due date of the
first affected invoice. If contractor does not notify Ryan White Program in a timely matter, the Ryan
White Program reserves the right to not allow Contractor to retro bill for increased cost of services.
9.4 Payments made by County to the Contractor are conditioned upon the timely receipt of applicable,
accurate and complete invoice reports and forms submitted by the Contractor. All monthly invoices
must be supported by auditable documentation, which is determined to be sufficient, competent
evidential matter defined by the County.
9.5 The Contractor understands and agrees that Ryan White Program is the payer of last resort and shall
maximize and monitor all other revenue streams including self-pay and all sources of third-party
reimbursements. The Contractor understands and agrees that all self-pay and third-party payments
must be exhausted to offset program costs before Ryan White funds are used. The Contractor must
have policies and procedures documented and in place to determine and bill these other potential
payment sources. These third-party payers include but are not limited to Regional Behavioral Health
Authority (RBHA), Medicaid (Arizona Health Care Cost Containment Services/AHCCCS),
Arizona Long Term Care System (ALTCS), TRICARE, Medicare and private/commercial or other
insurance. The Contractor will determine eligibility of clients and assist with client enrollment
whenever feasible. Payments collected by the Contractor for Ryan White services must be recorded
as Program Income in the Contractor’s financial management system and deducted from bills issued
to the County. Program income records must be made available to the County for assurance that
such revenues are used to support related services. The Contractor shall have policies and procedures
for handling Ryan White revenue including program income.
9.6 The Contractor shall have policies and staff training on the payer of last resort requirement and how
it meets that requirement.
10.0 BUDGET, REVENUES, AND EXPENDITURES:
10.1 Contractor shall have written fiscal and general policies and procedures that include compliance
with federal and Ryan White programmatic requirements.
10.2 Contractor shall prepare and submit to County a budget using the current Ryan White Program-
approved formats at the beginning of each grant year in accordance with the stated funds allocated
on the most recently issued task order. If the task order is increased or decreased at any time
throughout the duration of the grant year, a revised budget may be required.
10.3 The total administrative costs budgeted; including any federally approved indirect rate (inclusive
of contractor and subcontractor(s)) cannot exceed 10% of the amount of the current grant award.
Any amount of administrative expenditures in excess of 10% will not be reimbursed.
10.4 Contractor agrees that all expenditures are in accordance with the current approved budget. Any
expenditure deemed unallowable by the Administrative Agent is subject to the Contractor
submitting a full reimbursement to the County.
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10.5 Contractor agrees to establish and maintain a “Financial Management System” that is in
accordance with the standards required by Federal OMB Circular A-110, Subpart C. Such system
must also account for both direct and indirect cost transactions, reports on the results of those
transactions, comply with the requirements of OMB Circular A-21 and generally accepted
accounting principles.
10.6 All expenditures and encumbered funds shall be final and reconciled no later than 45 days after the
close of the grant year.
10.7 Funds collected by the Contractor in the form of fees, charges, and/or donations for the delivery of
the services provided for herein shall be accounted for separately. Such fees, charges and/or
donations must be used for providing additional services or to defray the costs of providing these
services consistent with the Schedule of Deliverables of this Contract. As applicable, the
Contractor agrees to include, in the underlying budget, the amount of projected revenue from
client fees. The amount of funds collected from client fees shall be reported by Contractor in the
Monthly invoice by discrete service. For audit purposes, the Contractor is responsible for
maintaining necessary documentation to support provision of services.
10.8 TASK ORDERS:
Contractor shall not perform a task other than those found/defined in the contract award document.
Task Orders may be issued by the Administrator of this contract. Task Orders will be
communicated via written document and shall include, but is not limited to: budget amount,
reference to special conditions of award, and any special service and reporting requirements.
Amended Task Orders can be issued at any time during the grant year. Both parties shall sign a
new or amended Task Order.
11.0 APPLICABLE TAXES:
11.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation
labor on items that are not attached to real property performed by Contractor under the terms of this
Contract, the installation labor cost and the gross receipts for materials provided shall be listed
separately on the Contractor’s invoices.
11.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction privilege
taxes apply to sales made under the terms of this Contract it is the responsibility of the seller to
collect and remit all applicable taxes to the proper taxing jurisdiction of authority.
11.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes
applicable to its operation and any persons employed by the Contractor. Contractor shall, and require
all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages
and interest, if applicable, contributions required under Federal, and/or State and local laws and
regulations, and any other costs including; transaction privilege taxes, unemployment compensation
insurance, Social Security, and Worker’s Compensation.
11.4 TAX (SERVICES):
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor
to determine any and all applicable taxes.
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12.0 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona,
many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE
Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this
solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County.
13.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s):
County currently holds ICPA’s with numerous governmental entities. These agreements allow those entities,
with the approval of the Contractor, to purchase their requirements under the terms and conditions of the
County Contract. It is the responsibility of the non-County government entity to perform its own due
diligence on the acceptability of the Contract under its procurement rules, processes and procedures.
14.0 AVAILABILITY OF FUNDS:
14.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
14.2 If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with,
this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment only
for services rendered prior to the effective date of the termination, provided that such services are
performed in accordance with the provisions of this Contract. County shall give written notice of
the effective date of any suspension, amendment, or termination under this Section, at least ten (10)
days in advance.
14.3 Funds may not be presently available for performance under this Grant beyond the first year of the
budget term or Grant term. The State may reduce payments or terminate this Grant without further
recourse, obligation, or penalty in the event that insufficient funds are appropriated in the subsequent
budget term. The State shall not be liable for any purchases or Subgrants entered into by the Grantee
in anticipation of such funding. The Procurement Officer shall have the discretion in determining
the availability of funds.
15.0 DUTIES:
15.1 The Contractor shall perform all duties as stated in a negotiated Service Delivery Scope and assigned
Task Order issued by the Ryan White Program office. These shall be reviewed and updated as
needed. These documents shall adhere to the Service Categories Definitions and Program Guidance
as stated in Exhibit “C”, as well as the Scope of Work as stated in Exhibit “D”, or as otherwise
directed in writing by the Procurement Officer. All services provided under this contract must adhere
to the Health Resources and Services Administration (HRSA) regulations, the Ryan White Planning
Council standards of care, and the Ryan White program policies.
15.2 Refer to Exhibit “E” for a listing of the various Service Categories and the awarded Contractors for
each. The Maricopa County Ryan White Program reserves the right to add additional Contractors
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to various service categories when the currently listed Contractors are of an insufficient number or
skill set to satisfy the County’s needs or to ensure adequate coverage or in cases where such action
serves the County’s best interest. This listing shall be updated as needed and the most current version
shall be located at https://www.maricopa.gov/1878/Provider-Information
16.0 TERMS AND CONDITIONS:
16.1 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are
not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim, damage,
loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment
of, or destruction of tangible property, including loss of use resulting there from, caused by negligent
acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused
by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly
employed by them, or anyone for whose acts they may be liable, regardless of whether or not such
claim, damage, loss, or expense is caused in part by a party indemnified hereunder.
The amount and type of insurance coverage requirements set forth herein will in no way be construed
as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
16.2 INSURANCE:
16.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing,
the stipulated insurance may be purchased from a company or companies, which are
authorized to do business in the State of Arizona, provided that said insurance companies
meet the approval of County. The form of any insurance policies and forms must be
acceptable to County.
16.2.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily completed
and formally accepted. Failure to do so may, at the sole discretion of County, constitute a
material breach of this Contract.
16.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
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16.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County’s right to coverage
afforded under the insurance policies.
16.2.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require Contractor to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
16.2.6 The insurance policies required by this Contract, except Workers’ Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
16.2.7 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor’s work or service.
16.2.8 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and blanket contractual
coverage, and shall not contain any provisions which would serve to limit third party action
over claims. There shall be no endorsement or modifications of the CGL limiting the scope
of coverage for liability arising from explosion, collapse, or underground property damage.
16.2.9 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage of
not less than $2,000,000 each occurrence with respect to any of the Contractor’s owned,
hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work
or services or use or maintenance of the premises under this Contract.
16.2.10 Workers’ Compensation:
Workers’ Compensation insurance to cover obligations imposed by Federal and State
statutes having jurisdiction of Contractor’s employees engaged in the performance of the
work or services under this Contract; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against Contract and its
agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s Liability or
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commercial umbrella liability insurance obtained by Contractor, its contractors and its
subcontractors pursuant to this Contract.
16.2.11 Professional Liability:
Contractor shall maintain Professional Liability insurance which will provide coverage for
any and all acts arising out of the work or services performed by the Contractor under the
terms of this Contract, with a limit of not less than $1,000,000 for each claim, and
$3,000,000 aggregate claims.
16.2.12 Medical Malpractice:
Medical Malpractice insurance and, if necessary, Commercial Umbrella insurance, which
will insure and provide coverage for Medical Malpractice of the Contractor, with limits of
no less than $3,000,000 for each claim.
16.2.13 Sexual molestation and physical abuse:
The policy shall be endorsed to include coverage for sexual molestation and physical abuse
at limits not less than $2,000,000.00 per occurrence and $4,000,000.00 aggregate. These
limits may be included within a General Liability policy, Professional Liability policy or
provided by separate endorsement with its own limits as required. Contractor must provide
the following statement on their Certificate(s) of Insurance: “Sexual molestation and
physical abuse coverage is included.” Policies/certificates stating that “Sexual molestation
and physical abuse coverage is not excluded” do not meet this requirement.
16.2.14 Commercial General Liability – Occurrence Form
16.2.14.1 Policy shall include bodily injury, property damage and broad form contractual
liability coverage.
a. The policy shall be endorsed to include coverage for physical/sexual abuse
and molestation.
b. The policy shall be endorsed to include the following additional insured
language: "(_____), its subsidiary, parent, associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees,
agents, and volunteers shall be named as additional insureds with respect to
liability arising out of the activities performed by, or on behalf of the
Contractor".
16.2.14.2 Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Personal/Advertising Injury $1,000,000
Sexual Abuse/Molestation $2,000,000
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16.2.15 Certificates of Insurance:
6.2.15.1 Prior to Contract award, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County, issued by Contractor’s insurer(s), as
evidence that policies providing the required coverage, conditions and limits
required by this Contract are in full force and effect. Such certificates shall
identify this contract number and title.
6.2.15.2 In the event any insurance policy(ies) required by this Contract is(are) written on
a claims made basis, coverage shall extend for two years past completion and
acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
6.2.15.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) calendar days prior to the expiration date.
16.2.16 Cancellation and Expiration Notice:
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 Maricopa County. Contractor must provide to Maricopa County, within two (2)
business days of receipt, 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 Maricopa County Public Health and shall be
mailed, or hand delivered to 4041 N. Central Avenue, #1400, Phoenix, AZ 85012, or
emailed to the Procurement Officer noted in the solicitation.
16.3 FORCE MAJEURE:
16.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other
party on account of any loss or damage resulting from any delay or failure to perform all
or any part of this Contract if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities
(whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military
or usurped power or confiscation, terrorist activities, nationalization, government sanction,
lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or
telecommunication service.
16.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its inability
to perform or comply.
16.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that
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the other party was timely notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions could be contemplated.
16.4 INSPECTION OF SERVICES:
16.4.1 The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
Contract performance and for as long afterwards as the Contract requires.
16.4.2 County has the right to inspect and test all services called for by the Contract, to the extent
practicable at all times and places during the term of the Contract. County shall perform
inspections and tests in a manner that will not unduly delay the work.
16.4.3 If any of the services do not conform to Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at no
cost to the County. When the defects in services cannot be corrected by re-performance,
County may:
6.4.3.1 Require the Contractor to take necessary action to ensure that future performance
conforms to Contract requirements; and
6.4.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
16.4.4 If the Contractor fails to promptly perform the services again or to take the necessary action
to ensure future performance in conformity with Contract requirements, County may:
6.4.4.1 By Contract or otherwise, perform the services and charge to the Contractor,
through direct billing or through payment reduction, any cost incurred by County
that is directly related to the performance of such service; or
6.4.4.2 Terminate the Contract for default.
16.5 CONTRACT COMPLIANCE MONITORING:
16.5.1 County shall monitor the Contractor's compliance with, and performance under, the terms
and conditions of this Contract. On-site visits for contract compliance monitoring may be
made by County and/or its grantor agencies at any time during the Contractor's normal
business hours, announced or unannounced. The Contractor shall make available for
inspection and/or copying by County, all records and accounts relating to the work
performed or the services provided under this Contract, or for similar work and/or service
provided under other grants and contracts.
16.5.2 Contractor shall follow and comply with all related corrective action plans and
requirements of site visits and subsequent audits conducted by County and its
representatives. When monetary penalties are imposed or unallowable costs determined,
the County will define how repayment will be made to the County. This may include
decreasing or withholding the Contractor’s monthly billing or requiring payment to the
County.
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16.6 RESTRICTIONS ON USE OF FUNDS:
16.6.1 The Contractor shall not utilize funds made available under this Contract to make payments
for any item or service to the extent that payment has been made, or can reasonably be
expected to be made, with respect to that item or service:
16.6.2.1 Under any State compensation program, under any insurance policy, or under any
Federal, State, or county health benefits program; or
16.6.2.2 By an entity that provides health services on a prepaid basis.
16.6.2 Funds shall not be used to purchase or improve (other than minor remodeling) any building
or other facility, or to make cash payments to intended recipients of services as referenced
in the A.R.S. § 41-2591, R2-7-701 and Code of Federal Regulations, Chapter 1,
Subchapter e., Part 31, and Public Health Service Grants Policy Statement.
16.6.3 The federal Office of General Counsel and County emphasize that Ryan White Act funds
may only support HIV-related needs of eligible individuals. All activities and expenditures
must reflect an explicit connection between any service supported with Ryan White Act
funds and the intended recipient’s HIV status.
16.6.4 Contractor is not authorized to provide services anonymously, unless specifically approved
for the service category in which the Contractor is providing services. All services must
only be provided to documented eligible clients as defined in this contract.
16.6.5 Ryan White funds shall not be used to finance the services of lobbyists, fundraisers, or
grant/proposal writers, nor to support lobbying, fundraising activities, and/or the writing of
grant/contract proposals.
16.6.6 The Ryan White Act limits the administrative expenses to not more than 10% of the total
grant award. The Act defines allowable “administrative activities” to include:
16.6.7.1 Usual and recognized overhead, including established indirect rates for agencies;
16.6.7.2 Management and oversight of specific programs funded under this title; and
16.6.7.3 Other types of program support such as quality assurance, quality control, and
related activities.
16.7 CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS:
16.7.1 The Contractor shall, during the term of this Contract, immediately inform County in
writing of the award of any other contract or grant where the award of such contract or
grant may affect either the direct or indirect costs being paid/reimbursed under this
Contract. Failure by the Contractor to notify County of such award shall be considered a
material breach of the Contract and County shall have the right to terminate this Contract
without liability.
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16.7.2 County may request, and the Contractor shall provide within a reasonable time, a copy of
any other contract or grant, when in the opinion of the Director, the award of the other
contract or grant may affect the costs being paid or reimbursed under this Contract.
16.7.3 If County determines that the award to the Contractor of such other Federal or State
contract or grant has affected the costs being paid or reimbursed under this Contract,
County shall prepare a Contract Amendment effecting a cost adjustment. If the
Contractor protests the proposed cost adjustment, the protest shall be construed as a
dispute within the meaning of the "Disputes" clause contained herein.
16.8 EQUIPMENT:
16.8.1 All equipment and products purchased with grant funds should strive to be American made.
16.8.2 The title to any and all equipment acquired through the expenditure of funds received from
County shall remain that of the Department of Health and Human Services, Health
Resources and Services Administration. County must specifically authorize the acquisition
of any such equipment in advance. Upon termination of this Contract, County may
determine the disposition of all such equipment.
16.8.3 The Contractor agrees to exercise reasonable control over all equipment purchased with
capital outlay expense Contract funds. All equipment lost, stolen, rendered non-usable, or
no longer required for program operation must be reported immediately to County for
disposition instructions. The Contractor shall report the physical inventory of all
equipment purchased with contract funds within sixty (60) days of receipt of such
equipment.
16.9 IMPROPRIETIES AND FRAUD:
16.9.1 The Contractor shall notify the Ryan White Program in writing of any actual or suspected
incidences of improprieties involving the expenditure of CARE Act funds or delivery of
services. This will include when potential or current clients receive services, or attempt
to receive services, for which they are ineligible. Notification is also required whenever
acts of indiscretion are committed by employees that may be unlawful or in violation of
this contract. Notification to the Ryan White Program shall occur in writing within 24
hours of detection.
16.9.2 The Federal Department of HHS Inspector General maintains a toll-free hotline for
receiving information concerning fraud, waste, or abuse under grants and cooperative
agreements. Such reports are kept confidential and callers may decline to give their names
if they choose to remain anonymous.
Office of Inspector General
TIPS HOTLINE
P. O. Box 23489
Washington, D. C. 20026
Telephone: 1-800-447-8477 (1-880-HHS-TIPS)
16.9.3 The Contractor shall be responsible for any loss of funds due to mismanagement, misuse,
and/or theft of such funds by agents, servants and/or employees of the Contractor.
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16.10 ADHERENCE TO RYAN WHITE POLICIES:
Contractor shall adhere to all Arizona Ryan White Parts A, B, and ADAP.
16.11 REFERRAL RELATIONSHIPS:
16.11.1 Contractors must have documented evidence to substantiate referral relationships on an
ongoing basis consistent with HRSA guidance.
16.11.2 The Contractor shall have letters of agreement and Memorandums of Understanding
(MOUs) to document referral relationships with key points of entry. Key points of entry
include:
• Emergency rooms
• Substance abuse and mental health treatment programs
• Detox(ification) centers
• Detention facilities
• Sexually Transmitted Disease (STD) Clinics
• Homeless shelters
• HIV counseling and testing sites
Additional points of entry:
• Public health departments
• Health care points of entry specified by eligible areas
• Federally Qualified Healthcare Centers (FQHCs)
• Entities such as Ryan White Part C and D grantees
16.12 CONFIDENTIALITY:
16.12.1 The Contractor understands and agrees that this Contract is subject to all State and Federal
laws protecting client confidentiality of medical, behavioral health, and drug treatment
information.
16.12.2 The Contractor shall establish and maintain written procedures and controls that ensure the
confidentiality of client medical information and records.
16.12.3 The Contractor shall maintain and document employee and direct service provider training
on their organization’s policies and procedures related to client confidentiality.
16.12.4 In accordance with Section 318 (e)(5) of the Public Health Service Act [42 U.S.C.
247c(e)(5)], no information obtained in connection with the examination, care or services
provided to any individual under any program which is being carried out with Federal
monies shall, without such individual’s consent, be disclosed except as may be necessary
to provide services to such individual or as may be required by laws of the State of Arizona
or its political subdivisions. Information derived from any such program may be disclosed
(a) in summary, statistical, or other form, or (b) for clinical research purposes, but only if
the identity of the individuals diagnosed or provided care under such program is not
disclosed. The Contractor shall comply with the provisions of A.R.S. § 36-663 concerning
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HIV-related testing; restrictions; exceptions and A.R.S. § 36-664 concerning
confidentiality; exceptions, in providing services under this Contract.
16.12.5 Confidential communicable disease related information may only be disclosed as permitted
by law, and only consistent with the current Arizona Ryan White Parts A, B and ADAP
Eligibility Policies.
16.13 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable period of time after
issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for
actual and documentable costs incurred by the Contractor in response to the Purchase Order. The
County will not reimburse the Contractor for any costs incurred after receipt of County notice of
cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
16.14 SUSPENSION OF WORK:
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so suspended,
delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No
request for adjustment under this clause shall be granted unless the claim, in an amount stated, is
asserted in writing as soon as practicable after the termination of the suspension, delay, or
interruption, but not later than the date of final payment under the Contract.
16.15 STOP WORK ORDER:
The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor
to stop all, or any part, of the work called for by this contract for a period of ninety (90) calendar
days after the order is delivered to the Contractor, and for any further period to which the parties
may agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a stop-work is
delivered to the Contractor, or within any extension of that period to which the parties shall have
agreed, the Procurement Officer shall either:
16.15.1 Cancel the stop work order; or
16.15.2 Terminate the work covered by the order as provided in the Default, or the Termination for
Convenience clause of this Contract.
16.15.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or Contract price, or otherwise, and the Contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an increase
in costs to the Contractor.
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16.16 TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar days
advance notice to the Contractor.
16.17 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this Contract in whole or
in part if the Contractor fails to:
16.17.1 Deliver the supplies or to perform the services within the time specified in this Contract or
any extension;
16.17.2 Make progress, so as to endanger performance of this Contract; or
16.17.3 Perform any of the other provisions of this Contract.
The County’s right to terminate this contract under these subparagraphs may be exercised if the
Contractor does not cure such failure within ten (10) business days (or more if authorized in writing
by the County) after receipt of the notice from the Procurement Officer specifying the failure.
16.18 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the Contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf
of the County is at any time while the Contract or any extension of the Contract is in effect, an
employee or agent of any other party to the Contract in any capacity or consultant to any other party
of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S
§ 38-511 the County may recoup any fee or commission paid or due to any person significantly
involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County
from any other party to the Contract arising as the result of the Contract.
16.19 CONTRACTOR LICENSE REQUIREMENT:
16.19.1 The Contractor shall procure all permits, insurance, licenses and pay the charges and fees
necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental or
non-governmental entities as mandated to maintain compliance with and in good standing
for all permits and/or licenses. The Contractor shall keep fully informed of existing and
future trade or industry requirements, Federal, State and Local laws, ordinances, and
regulations which in any manner affect the fulfillment of a Contract and shall comply with
the same. Contractor shall immediately notify both Office of Procurement Services and the
Department of any and all changes concerning permits, insurance or licenses.
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16.20 LICENSURE/CERTIFICATION
16.20.1 Contractor shall comply with all applicable provisions of law and other rules and
regulations of any and all governmental, accrediting and/or regulatory authorities relating
to the licensure and regulation of health care providers and physicians.
16.20.2 Upon request, Contractor agrees to allow County, to the extent permitted by law, access to
credentials of Qualified Physicians and Qualified Providers who are providing services to
Department under the terms and conditions of this Contract.
16.20.3 Contractor expressly agrees that it shall comply with all rules, regulations, orders, standards
and interpretations promulgated pursuant to the Occupational Safety and Health Act of 1970
(and to the Occupational and Safety Health Act of the State of Arizona), including but not
limited to training, provision of personal protective equipment, provision of post-exposure
prophylaxis, adherence to appropriate lock out/tag out procedures, and providing all notices,
material safety data sheets, labels, etc. required by the right-to-know-standard.
16.21 SUBCONTRACTING:
16.21.1 The Contractor may not assign to another contractor or subcontract to another party for
performance of the terms and conditions hereof without the written consent of the County.
All correspondence authorizing subcontracting must reference the Contract Number and
identify the job project.
16.21.2 The subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as
bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates
or the County has approved the increase. The subcontractor’s invoice shall be invoiced
directly to the Prime Contractor, who in turn shall pass-through the costs to the County,
without mark-up. A copy of the subcontractor’s invoice must accompany the Prime
Contractor’s invoice.
16.22 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. The
designated Procurement Officer shall be responsible for approving all amendments for Maricopa
County.
16.23 ADDITIONS/DELETIONS OF REQUIREMENTS:
The County reserves the right to add and/or delete materials and services to a Contract. If a service
requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of
service reduced in accordance with the bid price. If additional materials or services are required
from a Contract, prices for such additions will be negotiated between the Contractor and the County.
16.24 STRICT COMPLIANCE:
Acceptance by County of a performance that is not in strict compliance with the terms of the
Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of
the Contract.
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16.25 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
16.26 SEVERABILITY:
The removal, in whole or in part, of any provision of this Contract shall not void or affect the validity
of any other provision of this Contract.
16.27 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each Party shall
supply to the other Party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
16.28 NON-DISCRIMINATION:
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
09 including flow down of all provisions and requirements to any subcontractors. Executive Order
2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and
downloaded at the Arizona State Library Research website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is
hereby incorporated into this contract as if set forth in full herein. During the performance of this
Contract, Contractor shall not discriminate against any employee, client or any other individual in
any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
16.29 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
16.29.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief that the Contractor, it’s current officers and
directors;
16.29.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from being awarded any contract or grant by
any United States Department or Agency or any state, or local jurisdiction;
16.29.1.2 have not within three (3) year period preceding this Contract;
16.29.1.2.1been convicted of fraud or any criminal offense in connection with
obtaining, attempting to obtain, or as the result of performing a
government entity (Federal, State or local) transaction or contract; and
16.29.1.2.2been convicted of violation of any Federal or State antitrust statues or
conviction for embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property regarding a government entity transaction or contract;
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16.29.1.2.3are not presently indicted or criminally charged by a government
entity (Federal, State or local) with commission of any criminal
offenses in connection with obtaining, attempting to obtain, or as the
result of performing a government entity public (Federal, State or
local) transaction or contract; and are not presently facing any civil
charges from any governmental entity regarding obtaining, attempting
to obtain, or from performing any governmental entity contract or
other transaction; and have not within a three (3) year period preceding
this Contract had any public transaction (Federal, State or local)
terminated for cause or default.
16.29.1.3 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation
of the matter including any final resolution.
16.29.2 The Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier
covered transactions related to this Contract.
16.30 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS:
16.30.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and
Nationality Act (INA using e-verify) and all other Federal immigration laws and regulations
related to the immigration status of its employees and A.R.S. §23-214(A). The Contractor
shall obtain statements from its subcontractors certifying compliance and shall furnish the
statements to the Procurement Officer upon request. These warranties shall remain in effect
through the term of the Contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and
Control Act of 1986, as amended from time to time, for all employees performing work under
the Contract and verify employee compliance using the E-verify system and shall keep a
record of the verification for the duration of the employee’s employment or at least three (3)
years, whichever is longer. I-9 forms are available for download at USCIS.GOV.
16.30.2 The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 6.30.1
of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s
intent to inspect and shall make the documents available at the time and date specified.
Should the County suspect or find that the Contractor or any of its subcontractors are not in
compliance, the County will consider this a material breach of the Contract and may pursue
any and all remedies allowed by law, including, but not limited to; suspension of work,
termination of the Contract for default, and suspension and/or debarment of the Contractor.
All costs necessary to verify compliance are the responsibility of the Contractor.
16.31 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01:
If Contractor engages in for-profit activity and has 10 or more employees, and if this agreement has
a value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the
duration of this agreement to not engage in, a boycott of goods or services from Israel. This
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certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued
pursuant to 50 U.S.C. § 4842.
16.32 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-394:
Contractor warrants and certifies that it does not currently, and agrees for the duration of the
Agreement, that it will not use:
1. the forced labor of ethnic Uyghurs in the People's Republic of China,
2. any goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of China,
3. any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
If Contractor becomes aware during the term of this Agreement that the Contractor is not in
compliance with this paragraph, Contractor shall notify the County within five business days after
becoming aware of the noncompliance. If the Contractor fails to provide a written certification to
the County that the Contractor has remedied the noncompliance within 180 days after notifying
the County of its noncompliance, then the agreement terminates, except that if the agreement
termination date occurs before the end of the 180-day period, the agreement terminates on the
agreement termination date.
16.33 INFLUENCE:
As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
16.33.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment
or educational passes or tickets, or any type of valuable contribution or subsidy,
16.33.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement
Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County
Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
16.34 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS:
16.34.1 The Parties agree that this Contract and employees working on this Contract will be subject
to the whistleblower rights and remedies in the pilot program on Contractor employee
whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of
the Federal Acquisition Regulation;
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16.34.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
16.34.3 Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
16.35 UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract, the Contractor agrees to comply with all applicable provisions of
Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in
Title 2 C.F.R. § 200 et seq.
16.36 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
16.36.1 In accordance with section MC1-372 of the Maricopa County Procurement Code the
Contractor agrees to retain (physical or digital copies of) all books, records, accounts,
statements, reports, files, and other records and back-up documentation relevant to this
Contract for six (6) years after final payment or until after the resolution of any audit
questions which could be more than six (6) years, whichever is latest. The County, Federal
or State auditors and any other persons duly authorized by the Department shall have full
access to, and the right to examine, copy and make use of, any and all said materials.
16.36.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
16.37 AUDIT DISALLOWANCES:
If at any time it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course
of action to address the disallowance shall be at sole discretion of the County, and may include
either an adjustment to future invoices, request for credit, request for a check or a deduction from
current invoices submitted by the Contractor equal to the amount of the disallowance, or to require
reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to
Maricopa County.
16.38 OFFSET FOR DAMAGES:
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the Contract.
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16.39 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this Contract may include information that is
proprietary or confidential to the County. This provision establishes the Contractor’s obligation
regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure that
no information contained in its records and/or obtained from the County or from others in carrying
out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers,
or employees, except as required to efficiently perform duties under the Contract. The Contractor’s
procedures and controls at a minimum must be the same procedures and controls it uses to protect
its own proprietary or confidential information. If, at any time during the duration of the Contract,
the County determines that the procedures and controls in place are not adequate, the Contractor
shall institute any new and/or additional measures requested by the County within fifteen (15)
calendar days of the written request to do so.
Any requests to the Contractor for County proprietary or confidential information s shall be referred
to the County for review and approval, prior to any dissemination.
16.40 PROTECTED HEALTH INFORMATION:
In collecting, maintaining, using and disclosing information, contractor shall comply with all
applicable federal and state laws and regulations which protect confidential health information,
including, but not limited to the Health Insurance Portability and Accountability Act of 1996
(HIPAA), 42 C.F.R. Part 2, A.R.S. §§ 18-551 (Data Security Breaches), A.R.S. §§ 12-2291 et seq.
(Confidentiality of Medical Records), and A.R.S. §§ § 36-661 et seq. (Confidentiality of
Communicable Disease Information). Contractor shall not act or fail to act in a way that would
cause MCDPH to be noncompliant with applicable federal or state laws or regulations which protect
confidential health information. Contractor shall cooperate to mitigate, to the extent practicable,
any harmful effect that is known to it of an unlawful or unauthorized use or disclosure of confidential
health information. To ensure the confidentiality of confidential health information, contractor shall
be fully compliant, through automation and manual processes, with the standards for electronic
transactions under HIPAA. Contractor shall execute, and cause employees, subcontractors, and
agents to execute, all applicable confidentiality agreements and SARA Alert System user access
agreements, if deemed necessary by MCDPH. Any system breaches, confirmed or suspected, shall
be reported by Contractor to the MCDPH within 24 hours.
16.41 APPROVALS:
For any and all instances during the full term of the Grant, the following activities or elements used
by the Contractor shall require written approval from the Ryan White Program:
▪ Adaptation or changes to the intervention
▪ Changes to objectives and activities
▪ Submission of any print, digital or audio materials intended for use as part of contracted
programming
▪ Purchasing or leasing software systems, and/or software subscriptions
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▪ Reallocations of funding
▪ Use of subcontractors. Approval requests shall require written notification to MCDPH and
be included in the budget and subcontractor agreement
▪ Changes in program staffing, including new hires
▪ Purchase and provision of incentives, access cards, vouchers, or third-party payment
products
▪ Purchase and provision of transportation services
▪ In-state travel requiring an overnight stay
▪ Out-of-state travel
▪ Use of refreshments in any aspect of the program.
16.42 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by the
Records Manager at the Office of Procurement Services. Offers shall be open to public inspection
and copying after Contract award and execution, except for such Offers or sections thereof
determined to contain proprietary or confidential information by the Office of Procurement Services.
If an Offeror believes that information in its Offer or any resulting Contract should not be released
in response to a public record request under Arizona law, the Offeror shall indicate the specific
information deemed confidential or proprietary and submit a statement with its offer detailing the
reasons that the information should not be disclosed. Such reasons shall include the specific harm
or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement
Services shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
16.43 MATERIAL REVIEW ACCEPTANCE:
The Contractor shall ensure that all materials developed or utilized by the Contractor’s program are
approved by the MCDPH prior to use;
All written materials, websites/internet materials, audiovisual materials, pictorials, questionnaires,
survey instruments, proposed group educational sessions, educational curricula and like materials
must be reviewed and approved by MCDPH prior to being put into use. MCDPH has established
principles on content for HIV/AIDS materials (see Guidelines for Content below), and requires
approval of all applicable materials prior to their distribution and use in any activities funded in any
part with Ryan White funds;
Guidelines for Content:
16.43.1 Written materials (e.g., pamphlets, brochures, fliers), audiovisual materials (e.g., motion
pictures and video tapes), and pictorials (e.g., posters and similar educational materials
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using photographs, or paintings) shall use terms, descriptors, or displays appropriate for
the intended audience to understand;
16.43.2 All materials shall either directly contain a health promotion message, an HIV prevention
message, or inform about functions or events that ultimately promote the same. For
example, a poster advertising a workshop does not need to have a health promotion
message as long as the workshop does;
16.43.3 Materials shall NOT educate on or promote either sexual activity or intravenous substance
abuse;
16.43.4 Materials shall not be obscene. MCDPH retains the right to define what is obscene on a
case-by- case basis;
16.43.5 All current materials which have been produced/approved at the federal level (i.e. CDC,
HRSA, Department of Health and Human Services (DHHS)) do not need to be submitted
for prior approval by MCDPH; and
16.43.6 Information shall be accurate, current, and culturally appropriate.
16.44 MATERIAL RIGHTS:
Title and Rights to Materials. As used in this section, the term “Materials” means all products
created or produced by the Contractor under this Grant, including, but not limited to: written and
electronic information, recordings, reports, research, research findings, conclusions, abstracts,
results, software, data and any other intellectual property or deliverables created, prepared, or
received by the Contractor in performance of this Grant. Contractor acknowledges that all Materials
are the property of the County by and through the MCDPH and, as such, shall remain under the sole
direction, management and control of the MCDPH. The Contractor is not entitled to a patent or
copyright on these Materials and may not transfer a patent or copyright on them to any other person
or entity. To the extent any copyright in any Materials may originally vest in the Contractor, the
Contractor hereby irrevocably transfers to the MCDPH, for and on behalf of the County, all
copyright ownership. The MCDPH shall have full, complete and exclusive rights to reproduce,
duplicate, adapt, distribute, display, disclose, publish, release and otherwise use all Materials. The
Contractor shall not use or release these Materials without the prior written consent of the MCDPH.
When this Grant is terminated, the disposition of all such Materials shall be determined by the
MCDPH. Further, the Contractor agrees to give recognition to the MCDPH for its support of any
program when releasing or publishing program Materials.
Notwithstanding the above, if the Contractor is a County agency, the following shall apply instead:
It is the intention of MCDPH and Contractor that all material and intellectual property developed
under this Agreement be used and controlled in ways to produce the greatest benefit to the parties
to this Grant and the citizens of the County. As used in this paragraph, “Material” means all written
and electronic information, recordings, reports, findings, research information, abstracts, results,
software, data, discoveries, inventions, procedures, and processes of services developed by the
Contractor and any other materials created, prepared or received by the Contractor and
subContractors in performance of this Agreement. “Material” as used herein shall not include any
pre-existing data, information, materials, discoveries, inventions, or any form of intellectual
property invented, created, developed or devised by Contractor (or its employees, subContractors
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or agents) prior to the commencement of the services funded by this Agreement or that may result
from Contractor’s involvement in other service activities that are not funded by the Agreement.
Title and exclusive copyright to all Material shall vest in MCDPH, subject to any rights reserved on
behalf of the federal government. As County agencies and instrumentalities, both MCDPH and
Contractor shall have full, complete, perpetual, irrevocable and non-transferable rights to reproduce,
duplicate, adapt, make derivative works, distribute, display, disclose, publish and otherwise use any
and all Material. The Contractor’s right to use Material shall include the following rights: the right
to use the Material in connection with its internal, non-profit research and educational activities, the
right to present at academic or professional meetings or symposia and the right to publish in journals,
theses, dissertations or otherwise of Contractor’s own choosing. Contractor agrees to provide
MCDPH with a right of review prior to any publication or public presentation of the Material, and
MCDPH shall be entitled to request the removal of its confidential information or any other content
the disclosure of which would be contrary to the best interest of MCDPH. Neither party shall release
confidential information to the public without the prior expressly written permission of the other,
unless required by the State public records statutes or other law, including a court order. Each party
agrees to give recognition to the other party in all public presentations or publications of any
Material, when releasing or publishing them.
16.45 PANDEMIC CONTRACTUAL PERFORMANCE:
MCDPH shall require a written plan that illustrates how the Contractor shall perform up to
contractual standards in the event of a pandemic. MCDPH may require a copy of the plan at any
time prior or post award of a Grant. At a minimum, the pandemic performance plan shall include:
• Key succession and performance planning if there is a sudden significant decrease in
Contractor’s workforce.
• Alternative methods to ensure there are products in the supply chain.
• An up-to-date list of company contacts and organizational chart.
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 Grant impossible or
impracticable, MCDPH shall have the following rights:
• After the official declaration of a pandemic, MCDPH may temporarily void the Grant(s)
in whole or specific sections, if the Contractor cannot perform to the standards agreed upon
in the initial terms.
• MCDPH 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.
• Once the pandemic is officially declared over and/or the Contractor can demonstrate the
ability to perform, MCDPH, at is sole discretion, may reinstate the temporarily voided
Grant(s).
MCDPH, 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.
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16.46 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes all
prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
16.47 RELATIONSHIPS:
16.47.1 In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed
as to create the relationship of employer and employee, co-employee, partnership, principal
and agent, or joint venture between the County and the Contractor.
16.47.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also,
upon request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of the County
within two (2) business days, unless previously approved by the County.
16.48 340B PROGRAM:
The Contractor understands and agrees that program income generated through the Health
Resources and Services Administration (HRSA) Office of Pharmacy Affairs 340B program, through
the Maricopa Ryan White grant award providing 340B covered entity status, will be subject to
additional program income monitoring requirements that shall be provided in writing prior to
contract award. Additional requirements may include but are not limited to: annual completion and
submission of an independent 340B audit; submission of monthly aggregate reports of program
income generated and detailed expenditures showing that program income is spent only on Ryan
White allowable costs; enhanced requirements regarding Contractor monitoring of all subrecipients;
and additional reporting requirements in order to ensure that program income is spent within the
same budget period it was generated. The Maricopa County Ryan White Program Office shall have
full authority to monitor these additional requirements as well as others in order to ensure
compliance with the 340B program rules as established by the Department of Health and Human
Services Office of Pharmacy Affairs.
The Contractor shall be eligible to participate in the 340B Drug Pricing Program under this funding
opportunity. Only HIV positive patients who are determined by the Ryan White Portal to be
ineligible for the AIDS Drug Assistance Program (ADAP) may participate in a 340B program under
the Ryan White grant. HIV positive patients would need to apply for ADAP for assistance with HIV
medications and a denial must be on file in the Ryan White Portal. Eligibility for ADAP must be
checked annually by the awarded contractor. All clients enrolled in the Ryan White program except
those also enrolled in the Arizona Healthcare Cost Containment System (AHCCCS), Veterans
Administration, or Indian Health Services must fill their prescriptions through a pharmacy
contracted with the Arizona ADAP program.
16.49 GOVERNING LAW:
This Contract shall be governed by the laws of the State of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court, Phoenix, Arizona.
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16.50 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if
applicable, the terms of this Contract shall prevail.
16.51 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
16.51.1 Exhibit A, Service Provider Application
16.51.2 Exhibit B, Ryan White Task Form Example
16.51.3 Exhibit C, Service Categories Definitions and Program Guidance
16.51.4 Exhibit D, Scope of Work
16.51.5 Exhibit E, Service Category Providers
16.51.6 Exhibit F, Business Associate Agreement
16.51.7 Exhibit G, Office of Procurement Services Contractor Travel and Per Diem Policy
16.51.8 Exhibit H, Geographic Service Locator Map
16.50 NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County Public Health
ATTN: Cheryl Bucalo
4041 N. Central Avenue, #1400
Phoenix, AZ 85012
(602) 506-6886
Cheryl.Bucalo@Maricopa.gov
For Contractor:
Southern Arizona AIDS Foundation
Beth Frantz, CEO
375 S. Euclid Avenue
Tucson, AZ 85719
520-628-7223
bfrantz@saaf.org
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EXHIBIT A:
Service Provider Application
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EXHIBIT B:
Ryan White Task Order Example
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EXHIBIT C
Service Categories Definitions and Program Guidance
Core Medical Services Categories
Early Intervention Services
EIS is the combination of such services rather than a stand-alone service. HRSA RWHAP Parts A EIS services must
include the following four components:
• Targeted HIV testing to help the unaware learn of their HIV status and receive referral to HIV care and
treatment services if found to be living with HIV
o Recipients must coordinate these testing services with other HIV prevention and testing programs
to avoid duplication of efforts
o HIV testing paid for by EIS cannot supplant testing efforts paid for by other sources
• Referral services to improve HIV care and treatment services at key points of entry
• Access and linkage to HIV care and treatment services such as HIV Outpatient/Ambulatory Health
Services, Medical Case Management, and Substance Abuse Care
• Outreach Services and Health Education/Risk Reduction related to HIV diagnosis
Health Insurance Premium & Cost Sharing Assistance
provides financial assistance for eligible clients living with HIV to maintain continuity of health insurance or to
receive medical and pharmacy benefits under a health care coverage program. For purposes of this service category,
health insurance also includes standalone dental insurance. The service provision consists of the following:
• Paying health insurance premiums to provide comprehensive HIV Outpatient/Ambulatory Health Services,
and pharmacy benefits that provide a full range of HIV medications for eligible clients; and/or
• Paying standalone dental insurance premiums to provide comprehensive oral health care services for
eligible clients; and/or
• Paying cost sharing on behalf of the client.
Medical Case Management
Medical Case Management is the provision of a range of client-centered activities focused on improving health
outcomes in support of the HIV care continuum.
Activities provided under this service category may be provided by an interdisciplinary team that includes other
specialty care providers. Medical Case Management includes all types of case management encounters (e.g., face-to-
face, phone contact, and any other forms of communication).
Key activities include:
• Initial assessment of service needs
• Development of a comprehensive, individualized care plan
• Timely and coordinated access to medically appropriate levels of health and support services and continuity
of care
• Continuous client monitoring to assess the efficacy of the care plan
• Re-evaluation of the care plan at least every 6 months with adaptations as necessary
• Ongoing assessment of the client’s and other key family members’ needs and personal support systems
• Treatment adherence counseling to ensure readiness for and adherence to complex HIV treatments
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• Client-specific advocacy and/or review of utilization of services
In addition to providing the medically oriented activities above, Medical Case Management may also provide
benefits counseling by assisting eligible clients in obtaining access to other public and private programs for which
they may be eligible (e.g., Medicaid, Medicare Part D, State Pharmacy Assistance Programs, Pharmaceutical
Manufacturer’s Patient Assistance Programs, other state or local health care and supportive services, and insurance
plans through the health insurance Marketplaces/Exchanges).
Program Guidance: Activities provided under the Medical Case Management service category have as their
objective improving health care outcomes whereas those provided under the Non-Medical Case Management service
category have as their objective providing guidance and assistance in improving access to needed services.
Visits to ensure readiness for, and adherence to, complex HIV treatments shall be considered Medical Case
Management or Outpatient/Ambulatory Health Services. Treatment Adherence services provided during a Medical
Case Management visit should be reported in the Medical Case Management service category whereas Treatment
Adherence services provided during an Outpatient/Ambulatory Health Service visit should be reported under the
Outpatient/Ambulatory Health Services category.
Medical Nutrition Therapy
Medical Nutrition Therapy includes:
• Nutrition assessment and screening
• Dietary/nutritional evaluation
• Food and/or nutritional supplements per medical provider’s recommendation
• Nutrition education and/or counseling
These activities can be provided in individual and/or group settings and outside of HIV Outpatient/Ambulatory
Health Services.
Program Guidance: All activities performed under this service category must be pursuant to a medical provider’s
referral and based on a nutritional plan developed by the registered dietitian or other licensed nutrition professional.
Activities not provided by a registered/licensed dietician should be considered Psychosocial Support Services
Mental Health Services
Mental Health Services are the provision of outpatient psychological and psychiatric screening, assessment,
diagnosis, treatment, and counseling services offered to clients living with HIV. Services are based on a treatment
plan, conducted in an outpatient group or individual session, and provided by a mental health professional licensed
or authorized within the state to render such services. Such professionals typically include psychiatrists,
psychologists, and licensed clinical social workers.
Program Guidance: Mental Health Services are allowable only for PLWH who are eligible to receive HRSA
RWHAP services.
Outpatient/Ambulatory Health Services
Outpatient/Ambulatory Health Services provide diagnostic and therapeutic-related activities directly to a client by a
licensed healthcare provider in an outpatient medical setting. Outpatient medical settings may include: clinics,
medical offices, mobile vans, using telehealth technology, and urgent care facilities for HIV-related visits.
Allowable activities include:
• Medical history taking
• Physical examination
• Diagnostic testing (including HIV confirmatory and viral load testing), as well as laboratory testing
• Treatment and management of physical and behavioral health conditions
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• Behavioral risk assessment, subsequent counseling, and referral
• Preventive care and screening
• Pediatric developmental assessment
• Prescription and management of medication therapy
Program Guidance: Treatment adherence activities provided during an Outpatient/Ambulatory Health Service visit
are considered Outpatient/Ambulatory Health Services, whereas treatment adherence activities provided during a
Medical Case Management visit are considered Medical Case Management services.
Non-HIV related visits to urgent care facilities are not allowable costs within the Outpatient/Ambulatory Health
Services Category.
Emergency room visits are not allowable costs within the Outpatient/Ambulatory Health Services Category.
Substance Abuse Outpatient Care
Substance Abuse Outpatient Care is the provision of outpatient services for the treatment of drug or alcohol use
disorders. Activities under Substance Abuse Outpatient Care service category include:
• Screening
• Assessment
• Diagnosis, and/or
• Treatment of substance use disorder, including:
o Pretreatment/recovery readiness programs
o Harm reduction o Behavioral health counseling associated with substance use disorder
o Outpatient drug-free treatment and counseling o Medication assisted therapy
o Neuro-psychiatric pharmaceuticals
o Relapse prevention
Program Guidance: Acupuncture therapy may be allowable under this service category only when, as part of a
substance use disorder treatment program funded under the HRSA RWHAP, it is included in a documented plan.
Syringe access services are allowable, to the extent that they comport with current appropriations law and applicable
HHS guidance, including HRSA- or HAB-specific
Supportive Services Categories
Emergency Financial Assistance
Emergency Financial Assistance provides limited one-time or short-term payments to assist an HRSA RWHAP
client with an urgent need for essential items or services necessary to improve health outcomes, including: utilities,
housing, food (including groceries and food vouchers), transportation, medication not covered by an AIDS Drug
Assistance Program or AIDS Pharmaceutical Assistance, or another HRSA RWHAP-allowable cost needed to
improve health outcomes. Emergency Financial Assistance must occur as a direct payment to an agency or through a
voucher program.
Program Guidance: Emergency Financial Assistance funds used to pay for otherwise allowable HRSA RWHAP
services must be accounted for under the Emergency Financial Assistance category. Direct cash payments to clients
are not permitted. Continuous provision of an allowable service to a client must not be funded through Emergency
Financial Assistance
Food Bank/Home-Delivered Meals
Food Bank/Home Delivered Meals refers to the provision of actual food items, hot meals, or a voucher program to
purchase food. This also includes the provision of essential non-food items that are limited to the following:
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• Personal hygiene products
• Household cleaning supplies
• Water filtration/purification systems in communities where issues of water safety exist
Program Guidance: Unallowable costs include household appliances, pet foods, and other non-essential products.
Housing Services
Housing provides transitional, short-term, or emergency housing assistance to enable a client or family to gain or
maintain outpatient/ambulatory health services and treatment, including temporary assistance necessary to prevent
homelessness and to gain or maintain access to medical care. Activities within the Housing category must also
include the development of an individualized housing plan, updated annually, to guide the client’s linkage to
permanent housing. Housing may provide some type of core medical (e.g., mental health services) or support
services (e.g., residential substance use disorder services). Housing activities also include housing referral services,
including assessment, search, placement, and housing advocacy services on behalf of the eligible client, as well as
fees associated with these activities.
Program Guidance: HRSA RWHAP subrecipients that use funds to provide Housing must have mechanisms in place
to assess and document the housing status and housing service needs of new clients, and at least annually for
existing clients. HRSA RWHAP subrecipients, along with local decision-making planning bodies, are strongly
encouraged to institute duration limits to housing activities. HRSA HAB recommends subrecipients align duration
limits with those definitions used by other housing programs, such as those administered by the Department of
Housing and Urban Development, which currently uses 24 months for transitional housing.
Housing activities cannot be in the form of direct cash payments to clients and cannot be used for mortgage
payments or rental deposits, although these may be allowable costs under the HUD Housing Opportunities for
Persons with AIDS grant awards.
Medical Transportation
Medical Transportation is the provision of nonemergency transportation that enables an eligible client to access or
be retained in core medical and support services.
Program Guidance: Medical transportation may be provided through:
• Contracts with providers of transportation services
• Mileage reimbursement (through a non-cash system) that enables clients to travel to needed medical or
other support services, but should not in any case exceed the established rates for federal Programs (Federal
Joint Travel Regulations provide further guidance on this subject)
• Purchase or lease of organizational vehicles for client transportation programs, provided the recipient
receives prior approval for the purchase of a vehicle
• Organization and use of volunteer drivers (through programs with insurance and other liability issues
specifically addressed)
• Voucher or token systems
Costs for transportation for medical providers to provide care should be categorized under the service category for
the service being provided.
Unallowable costs include:
• Direct cash payments or cash reimbursements to clients
• Direct maintenance expenses (tires, repairs, etc.) of a privately-owned vehicle
• Any other costs associated with a privately-owned vehicle such as lease, loan payments, insurance, license,
or registration fees.
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Non-Medical Case Management Services
Non-Medical Case Management Services (NMCM) is the provision of a range of client-centered activities focused
on improving access to and retention in needed core medical and support services. NMCM provides coordination,
guidance, and assistance in accessing medical, social, community, legal, financial, employment, vocational, and/or
other needed services. NMCM Services may also include assisting eligible clients to obtain access to other public
and private programs for which they may be eligible, such as Medicaid, Children’s Health Insurance Program,
Medicare Part D, State Pharmacy Assistance Programs, Pharmaceutical Manufacturer’s Patient Assistance
Programs, Department of Labor or Education-funded services, other state or local health care and supportive
services, or private health care coverage plans. NMCM Services includes all types of case management encounters
(e.g., face-to-face, telehealth, phone contact, and any other forms of communication).
Key activities include:
• Initial assessment of service needs
• Development of a comprehensive, individualized care plan
• Timely and coordinated access to medically appropriate levels of health and support services and continuity
of care
• Client-specific advocacy and/or review of utilization of services
• Continuous client monitoring to assess the efficacy of the care plan
• Re-evaluation of the care plan at least every 6 months with adaptations as necessary
• Ongoing assessment of the client’s and other key family members’ needs and personal support systems
Program Guidance: NMCM Services have as their objective providing coordination, guidance and assistance in
improving access to and retention in needed medical and support services to mitigate and eliminate barriers to HIV
care services, whereas Medical Case Management Services have as their objective improving health care outcomes.
Psychosocial Support Services
Psychosocial Support Services provide group or individual support and counseling services to assist HRSA
RWHAP-eligible PLWH to address behavioral and physical health concerns. Activities provided under the
Psychosocial Support Services may include:
• Bereavement counseling
• Child abuse and neglect counseling
• HIV support groups
• Nutrition counseling provided by a non-registered dietitian (see Medical Nutrition Therapy Services)
• Pastoral care/counseling services
Program Guidance: Funds under this service category may not be used to provide nutritional supplements (See Food
Bank/Home Delivered Meals).
HRSA RWHAP-funded pastoral counseling must be available to all eligible clients regardless of their religious
denominational affiliation.
HRSA RWHAP Funds may not be used for social/recreational activities or to pay for a client’s gym membership.
Referral for Healthcare and Supportive Services
Referral for Health Care and Support Services
Referral for Health Care and Support Services directs a client to needed core medical or support services in person
or through telephone, written, or other type of communication. Activities provided under this service category may
include referrals to assist HRSA RWHAP-eligible clients to obtain access to other public and private programs for
which they may be eligible (e.g., Medicaid, Medicare Part D, State Pharmacy Assistance Programs, Pharmaceutical
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Manufacturer’s Patient Assistance Programs, and other state or local health care and supportive services, or health
insurance Marketplace plans).
Program Guidance: Referrals for Health Care and Support Services provided by outpatient/ambulatory health care
providers should be reported under the Outpatient/Ambulatory Health Services category.
Ending the HIV Epidemic Special Categories – (reserved for RWPA use only)
EHE Initiatives
Specific to Ending the HIV Epidemic funding, this service category is reserved for services and other activities that
do not fall under the already established Ryan White service categories listed above. EHE Initiatives must be related
to one or more of the following health outcomes:
• Linking clients to care
• Re-engaging clients in care
• Retaining clients in care
• Achieving viral suppression
EHE Infrastructure
Specific to Ending the HIV Epidemic funding, this service category is reserved for activities and costs associated
with the development and expansion of data systems. It may include technical assistance on the type, design, and
building of new data systems, bridging existing systems to achieve data integration, improving data entry to
decrease burden and increase accuracy, training of staff and providers on collecting and using data, and employing
experts to provide accurate and in-depth data analysis.
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EXHIBIT D
Scope of Work
1.0 PURPOSE OF THE PROGRAM, AUTHORITY, AND BACKGROUND
The Phoenix Eligible Metropolitan Area receives Ryan White HIV/AIDS Part A and Minority AIDS
Initiative federal funds under the Ryan White Treatment Extension Act of 2009. This legislation represents
the largest dollar investment made by the federal government specifically for the provision of core medical
and essential support services for low-income people with HIV (PWH) who are uninsured or underinsured.
The purpose of the Act is to improve the quality and availability of care for persons with HIV and their
families. The U.S. Department of Health and Human Services (HSS), Health Resources and Services
Administration (HRSA) administers the RWHAP Funds.
The Ryan White HIV/AIDS Program is divided into five Parts, including Parts A, B, C, D, and F. Ryan White
Part A, of which Maricopa County Department of Public Health (MCDPH) is a Recipient, provides medical
and support services to Eligible Metropolitan Areas (EMAs) and Transitional Grant Areas (TGAs). Included
within the Part A Grant is special funding under the Minority AIDS Initiative (MAI), which provides core
medical and related support services to improve access and reduce disparities for racial and ethnic minority
populations disproportionately affected by HIV.
The Ryan White HIV/AIDS Program requires that Recipients select Subpopulations of Focus or priority
populations for each grant. The current Subpopulations of Focus, as selected by the Maricopa County RWPA
Program, are as follows:
Maricopa County RWPA Subpopulation of Focus
Ryan White Part A (including Ending the HIV Epidemic
Minority AIDS Initiative)
Black/African American gay,
bisexual, and other same gender-
loving men
Hispanic/Latino gay, bisexual,
and other same gender-loving
men
Justice Involved
Transgender Women of Color
Unhoused and Housing Insecure
Young Adults (18-30)
2.0 THE GREATER PHOENIX RYAN WHITE HIV SERVICES PLANNING COUNCIL
The Greater Phoenix Ryan White HIV Services Planning Council (Planning Council) is a planning body
required under the authorization. The Maricopa County Board of Supervisors serves as the Chief Elected
Official for the Planning Council. Membership of the Planning Council must be reflective of the epidemic
within the Phoenix EMA and includes unaffiliated client representatives (people with HIV) and
representatives from community-based organizations, hospitals, and elected community leaders who are
appointed by the Maricopa County Board of Supervisors.
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The Planning Council is responsible for setting service priorities for the allocation of funds and developing
a comprehensive plan to guide the HIV service delivery system. Planning Council votes and approves the
priorities and program directives that are solicited through this RFP.
3.0 FUNDS AVAILABILITY
The Planning Council determines allocation amounts for the Part A and MAI grants based on community
need for services in Maricopa and Pinal Counties. Ending the HIV Epidemic funds allocations are determined
internally, based on identified gaps in services and community input, for services in Maricopa County.
Final awards may be less than requested in order to meet the needs of priority populations and to ensure
adequate geographic distribution of services.
4.0 SERVICES
This section demonstrates how Contractor’s plan to utilize the allocated funding to provide the highest quality
of service based on the HHS Treatment Guidelines, the Health Resources and Services Administration
(HRSA) mandated core and support service categories, Planning Council Standards of Care and the HRSA
requited National Monitoring Standards to meet the client needs.
Refer to the Planning Council Standards of Care of each service category for a description of the required
level of service and service category requirements. Refer to Exhibit C for the list of Service Categories.
5.0 CLIENT ELIGIBILITY CRITERIA
5.1 To be eligible for Ryan White Part Core Medical and Supportive services in Maricopa and Pinal
Counties, the following requirements must be met:
5.1.1 Proof of Diagnosis: Verifiable documentation of HIV Status
5.1.2 Proof of Residence: Documented evidence that demonstrates the individual resides in
Maricopa or Pinal Counties.
5.1.3 Proof of Income: Must have a gross income at or below 400% of the most current Federal
Poverty Level (FPL) guidelines.
5.2 Determination and certification of eligibility of all clients seeking services supported by Ryan
White funds must be completed according to the requirements detailed in the Arizona Ryan White
Parts A, B, and ADAP Eligibility Policies located at
https://www.azdhs.gov/documents/preparedness/epidemiology-disease-control/disease-integrated-
services/hiv-care/joint-parts-eligibility-policies.pdf
5.3 The Contractor agrees to have billing, collection, co-pay and sliding fee policies and procedures
that do not deny clients services for non-payment, inability to produce income documentation, or
require full payment prior to service, or include any other barriers to service based on ability to
pay.
5.4 If the Contractor charges clients for services, the Contractor agrees to charge and document client
fees collected in accordance with their sliding fee schedule. This fee schedule shall be consistent
with current federal guidelines. This fee schedule must be published and made available to the
public. If charging fees, the Contractor must have a fee discount policy, sliding fee schedule, and
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sliding fee eligibility applications. The Contractor must track fees charged and paid by clients. The
Contractor must have a fee discount policy that includes client fee caps, including:
5.4.1 Clear responsibility for annually evaluating clients to establish individual fees
and caps.
5.4.2 Tracking of Part A charges or medical expenses inclusive of enrollment fees,
deductibles, and co-payments.
5.4.3 A process for alerting the billing system that client has reached the cap and no
further charges will be charged for the remainder of the year.
5.4.4 Documentation of policies, fees, and implementation, including evidence that
staff understand those policies and procedures.
5.4.5 Contractor must have a process for charging, obtaining, and documenting client
charges through a medical practice information system, either manually or
electronically.
5.5 The chart below shall be followed when developing the fee schedule:
Client Income Fees For Service
Less than or equal to 100% of the official No fees or charges to be imposed
poverty line
Greater than 100%, but not exceeding Fees and charges for any calendar year may not
200%, of the official poverty line exceed 5% of the client’s annual gross income
Greater than 200%, but not exceeding Fees and charges for any calendar year may not
300%, of the official poverty line exceed 7% of client’s annual gross income
Greater than 300% of the official poverty Fees and charges for any calendar year may not
line exceed 10% of client’s annual gross income
6.0 RESPONSIBILITIES OF CONTRACTOR
The purpose of this section is to provide a description of how the Contractor is expected to utilize the allocated
funding to provide the highest quality of service based on HRSA HAB guidelines and monitoring standards
set forth to meet the necessary service provisions of the grant.
6.1 Program Administration
6.1.1 Organizational Structure and Staffing:
The Contractor shall have in place the organization, management, and administrative
systems capable of fulfilling all contract requirements. The Contractor shall maintain a
current functional organization chart showing main departments/units, key personnel, and
number of staff members in each department/unit. The Contractor shall also maintain
current job descriptions for all staff assigned to this contract and shall establish policies
and procedures for continuously monitoring staff performance and addressing any
identified deficiencies.
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6.1.2 The Contractor shall have the following key personnel:
6.1.2.1 Project Director, who serves as the primary point of contact with MCRWPA
during the implementation phase of the project and is responsible for contract
implementation and project management as well as serves as the liaison with
status reporting to MCRWPA.
6.1.2.2 Employ personnel with sufficient technical knowledge, skill, and expertise
necessary to provide the services as stated in the current Standards of Care as
developed by the Planning Council.
6.1.3 Ensure the program is operated in accordance with:
6.1.3.1 Ryan White HIV/AIDS Program legislation
6.1.3.2 HIV AIDS Bureau (HAB) Policies
6.1.3.3 HAB National Monitoring Standards (Universal, Fiscal and Part A Program)
6.1.3.4 Planning Council Standards of Care
6.1.3.5 Conditions of Award (COA)
6.1.3.6 Terms and conditions set forth by HRSA
6.1.3.7 All other applicable federal, state, and local regulations
6.1.4 Maintain ongoing active participation in mandatory contractor meetings and trainings.
6.1.5 Participate in compliance monitoring conducted by the Maricopa County RWPA,
including but not limited to annual Site Visits, Conditions of Award, billing reviews,
contractor calls, data oversight, and intermittent customer quality checks. The frequency
of monitoring may vary depending on activity.
6.1.6 Certify client eligibility prior to providing services.
6.1.7 Ensure that Maricopa County RWPA is the payor of last resort.
6.1.8 Collaboration with MCRWPA and other stakeholders:
6.1.8.1 The Contractor shall establish working partnerships with MCRWPA and other
appropriate entities to facilitate the efficient and accurate processing of eligibility
applications and renewals, complaints, and appeals.
6.1.8.2 The Contractor’s staff, especially key personnel, shall meet with and be accessible
to MCRWPA staff on a mutually agreeable and regularly scheduled basis as well
as any other times as may be needed.
6.2 Training Program:
6.2.1 The Contractor shall establish a training program that includes appropriate training for its
employees and when appropriate, MCRWPA staff. The Contractor shall provide
comprehensive initial training to new hires consisting of both technical and programmatic
training modules before assuming professional job responsibilities. This shall include
training on the MCRWPA program and its relevant policies and procedures. Refresher and
remedial training as required by programmatic and operational changes and updates, as
well as those identified through employee performance discrepancies shall also be
included. The Contractor shall also conduct annual staff trainings regarding Cultural
Sensitivity and The Health Insurance Portability Act (HIPAA) privacy and security
requirements. Additionally, Contractor employees who have access to any system or
eligibility related data will be required to participate in an annual certification process
conducted by the Maricopa County Ryan White Program.
6.2.2 During the transition period, the Maricopa County Ryan White Program will provide initial
training to the Contractor on the Maricopa County Ryan White Program eligibility
requirements and the use of the CAREWare system. After this initial training, the
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Contractor shall be responsible for coordinating with the Ryan White Program for ongoing
training on the respective systems used by the Contractor under this contract.
6.2.3 The Contactor shall maintain documentation of training in a central file. The Contractor
shall be responsible for the cost related to training the Contractor’s staff to perform tasks
specified by the Scope of Work.
6.3 Clinical Quality Management (CQM), Data and Reporting
6.3.1 The Contractor shall participate in the Quality Management activities.
6.3.2 The Contractor shall utilize and adhere to the most current Standards of Care as developed
by the Phoenix Eligible Metropolitan Area Planning Council.
6.3.3 Designate a staff member to serve as the agency’s CQM representative and select an
alternate for occasions when the primary designee is unavailable.
6.3.4 Ongoing, active participation in CQM-related meetings, trainings, technical assistance, and
capacity-building activities.
6.3.5 Develop and implement an agency-specific quality management plan. The Contractor shall
conduct Quality Improvement projects at the agency level utilizing the Plan-Do-Study-Act
(PDSA) model.
6.3.6 Conduct and/or participate in jurisdictional and agency-specific quality improvement
projects and report data per the timeline established with the County. Additionally, the
Contractor shall report quality outcome measures established by the County per the
reporting schedule.
6.3.7 The Contractor shall conduct and provide documentation of quality assurance and
improvement activities, including maintenance of client satisfaction surveys and other
mechanisms as designated by the County.
6.3.8 Timely responses to requests for data, reports, and CQM-related assignments.
6.3.9 Deliver presentations about data, performance measures and insight gained through QI
projects.
6.3.10 Submit reports required by HRSA, including the RWHAP Services Report (RSR).
6.3.11 Submit quarterly reports to the Maricopa County RWPA which shall include:
6.3.11.1 Narrative description of the program’s progress toward accomplishing goals,
objectives, and program activities.
6.3.11.2 Data and analysis related to performance measures.
6.3.11.3 Data and analysis related to patient feedback obtained during the quarter.
6.3.11.4 Client grievances received during the reporting period, including copies of the
grievances and documentation on how the grievance was resolved.
6.3.11.5 Current organizational chart; and
6.3.11.6 Updated list of contacts.
6.3.12 Utilization of HRSA-supplied Ryan White CAREWare system. CAREWare is used for
client level data reporting and monthly billing reports, demographic reports, and various
custom reporting.
6.3.12.1 It is required that installation, collection, and reporting of all data requested by the
RWPA via CAREWare within thirty (30) calendar days of being awarded.
6.3.12.2 Must participate in technical assistance training and/or informational
presentations for CAREWare at various times scheduled during the contract year.
6.3.12.3 Google Authenticator or Win Auth will be required to be installed to access the
Ryan White CAREWare system.
6.3.13 The Contractor shall maintain a comprehensive unduplicated client level database of all
eligible clients served as well as demographic and service measures required and submit
this information in the format and frequency as requested by the County. The County will
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make available to the Contractor software for the collection of this information
(CAREWare).
6.3.14 The Contractor will maintain consent to serve forms signed by the clients to gain
permission to report their data to County, State and Federal authorized entities and to view
their records as a part of site visits and quality management review activities.
6.3.15 Comply with all Health Insurance Portability Accountable Act (HIPAA) privacy and
security compliance regulations.
6.3.16 Track and monitor progress towards performance measurement goals. Performance
measures are required, at minimum, for any Service Category utilized by 15% or more of
clients in the Phoenix EMA. Performance measures shall be defined by the Maricopa
County RWPA and updated annually.
6.3.17 The Contractor will participate in Quality Management trainings sponsored by the County
which are deemed mandatory. The Contractor understands that non-participation in these
types of activities may result in non-compliance with the Standards of Care as mandated
by the Ryan White Act. Further, such non-participation in Quality Management trainings
could result in prompting a performance monitoring site visit.
6.4 Fiscal Administration
6.4.1 Submit monthly Request for Reimbursement by the 15th calendar day of each month for
the previous month’s services.
6.4.2 Establish fiscal and accounting procedures necessary to ensure:
6.4.2.1 The proper disbursal of, and account for grant funds to ensure that all financial
transactions are conducted.
6.4.2.2 Maintain financial records pertaining to all funded services with standard
accounting principles and procedures and retain all records and supporting
documentation applicable.
6.4.2.3 Delineate how multiple funding sources for services are allocated appropriate for
its designated intended service.
6.4.2.4 Program income generated through the Health Resources and Services
Administration (HRSA) Office of Pharmacy Affairs 340B program, through the
Maricopa County RWPA grant award providing 340B covered entity status, will
be subject to additional program income monitoring requirements. Additional
requirements may include but are not limited to:
6.4.2.4.1 Annual completion and submission of an independent 340B audit.
6.4.2.4.2 Submission of monthly aggregate reports of program income generated
and detailed expenditures showing that program income is spent only on
Ryan White allowable costs.
6.4.2.4.3 Additional reporting requirements in order to ensure that program
income is spent within the same budget period it was generated.
6.4.3 The Maricopa County Ryan White Program Office shall have full authority to monitor
these additional requirements as well as others in order to ensure compliance with the 340B
program rules as established by the Department of Health and Human Services Office of
Pharmacy Affairs.
6.4.4 Administrative costs are limited to ten percent (10%) of contract total.
7.0 APPLICANT ELIGIBILITY
7.1 Eligible applicants for awards under this solicitation include public or non-profit health and social
services providers, and other non-profit community organizations, medical care providers,
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community-based organizations, HIV/AIDS service organizations, academic entities, and city,
county, state, federal governmental units. The CARE Act Amendments of 1996 provide for
contracting with for-profit entities under certain limited circumstances. Specifically, the
amendments allow Part A funds to be used to provide direct financial assistance through contracts
with private for-profit entities if such entities are the only available provider of quality HIV care in
the area (Sec 2604(b) (2) (A); Section 2631(a) (1). Contractors are prohibited from serving as
conduits to pass on their awards to for-profit entities. To better serve people with HIV (PWH)
within the EMA, the Maricopa County RWPA reserves the right, at its discretion, to issue
multiple contracts within a service category pursuant to this Request for Proposal.
7.2 All services must be directed to enhance the delivery of services to PWH, and, in limited, restricted
instances, their families. These funds may not be used for prevention services.
7.3 Joint proposals from coalitions of agencies and organizations are allowable. However, if a lead
agency (prime contractor) is proposing to sub-contract with another agency to perform more than
50% of the deliverables, the proposal must provide sufficient information regarding the
qualifications of the sub-contracting agency.
7.4 In all cases, a lead agency (as prime Contractor) must be identified. All proposals in response to
this RFP which include the use of subcontractors must be submitted by a lead agency, with the
approach to use the subcontractor(s) clearly outlined in their proposal.
7.5 Contractor must have documented evidence to substantiate referral relationships on an ongoing
basis. All officers must submit any written agreements with other organizations/entities that serve
the community of persons living with HIV and are 1) service providers and/or 2) points of entry or
access to HIV services. All officers are strongly encouraged to include copies of such agreements,
detailing each agencies/organization’s roles and responsibilities, with each application.
7.6 The use of subcontractors and/or consultants must be pre-approved by the Maricopa County Ryan
White Program. If approved, the Contractor agrees to use written agreements which conform to
Federal and State laws, regulations, and requirements of this proposal appropriate to the service or
activity defined by this RFP. These provisions apply with equal force to the subcontract as if the
subcontractor were the Contractor referenced herein. The Contractor is responsible for the
performance of this contract regardless of whether or not a subcontract is used. The lead agency
(Contractor) will submit a copy of each executed subcontract to the RWPA within fifteen (15) days
of its effective date.
7.7 All proposals in response to this RFP which include the use of subcontractors must clearly state and
document the details of the subcontract agreement. This will include a scope/intent of work for both
the lead agency and all subcontracts proposed. The scope of the proposal must clearly identify the
services to be provided by all parties for the proposal. Additionally, all subcontract agreements
proposed must include a detailed budget and narrative, identifying all administrative costs, as
defined in the “Administrative Costs” section of this RFP. Subcontracts will be restricted to no
more than ten percent of the budget proposed.
7.8 To promote equity and ensure that smaller agencies can participate, MCDPH may authorize limited
advance payments to be made to Contractors who do not have sufficient capacity to purchase needed
materials ahead of time. This request, including the amount of money necessary to begin project
work, needs to be clearly detailed in the project proposal and budget. If multiple advance payments
will be required, please include a detailed payment and purchase schedule as well. If no payment or
purchase schedule is included in the proposal, compensation will be on a cost-reimbursement basis
and contractors may invoice as often as needed.
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8.0 RESTRICTIONS ON USE OF FUNDS
8.1 Agency shall not utilize funds made available under this RFP to make payments for any item or
service to the extent that payment has been made, or can reasonably be expected to be made, with
respect to that item or service:
8.1.1 Under any State compensation program, under any insurance policy, or under any Federal,
State, or county health benefits program; or
8.1.2 By an entity that provides health services on a prepaid basis.
8.2 Funds shall not be used to purchase or improve (other than minor remodeling) any building or other
facility, or to make cash payments to intended recipients of services as referenced in the A.R.S. §
41-2591, R2-7-701 and Code of Federal Regulations, Chapter 1, Subchapter e., Part 31, and Public
Health Service Grants Policy Statement.
8.3 The federal Office of General Counsel and County emphasize that Ryan White Act funds may only
support HIV-related needs of eligible individuals. All activities and expenditures must reflect an
explicit connection between any service supported with Ryan White Act funds and the intended
recipient’s HIV status.
8.4 Agency is not authorized to provide services anonymously, unless specifically approved for the
service category in which the agency is providing services. All services must only be provided to
documented eligible clients.
8.5 Ryan White funds shall not be used to finance the services of lobbyists, fundraisers, or
grant/proposal writers, nor to support lobbying, fundraising activities, and/or the writing of
grant/contract proposals.
8.6 The Ryan White Act limits the administrative expenses to not more than 10% of the total grant
award. The Act defines allowable “administrative activities” to include:
8.6.1 Usual and recognized overhead, including established indirect rates for agencies;
8.6.2 Management and oversight of specific programs funded under this title; and
8.6.3 Other types of program support such as quality assurance, quality control, and related
activities.
9.0 OTHER REQUIREMENTS:
9.1 Contractor shall comply with all policies and procedures as defined in the current Ryan White
Policies and Procedures Manual.
9.2 Contractor will maintain discrete client files for all individuals served and will secure the necessary
releases of information to allow for review of all pertinent client information by employees of
County and/or their designated representatives.
9.3 Contractor shall respond to all requests for information and documentation solicited by County when
they are submitted in writing no later than 72 hours of receipt of the request.
9.4 Contractor shall participate in a standardized anonymous Consumer Satisfaction Survey issued to
all program participants at least once during the contract year.
9.5 Contractor’s service locations shall be accessible by public transportation. If service locations are
not accessible by public transportation, the Contractor shall have policies and procedures in place
that describe how it will provide transportation assistance to clients.
9.6 Contractors providing Medicaid eligible services shall be certified to receive Medicaid payments or
receive a waiver from the U.S. Secretary of Health and Human Services. The Contractor shall
document efforts to receive certification or waiver and when certified, maintain proof of certification
and file of contracts with Medicaid insurance companies.
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10.0 PROGRAM MARKETING INITIATIVES:
10.1 When issuing statements, press releases, and/or Internet-based or printed documents describing
projects, programs, and/or services funded in whole or in part with Health Resources and Services
Administration (HRSA) funding the following verbiage must be used, “This
[project/publication/program/website, etc.] [is/was] supported by the Health Resources and
Services Administration (HRSA) of the U.S. Department of Health and Human Services (HHS) as
part of an award totaling $XX with XX percentage financed with non-governmental sources. The
contents are those of the author(s) and do not necessarily represent the official views of, nor an
endorsement, by HRSA, HHS, or the U.S. Government. For more information, please visit
HRSA.gov.” Such references to funding source must be of sufficient size to be clear and legible.
10.2 Contractor is responsible for advertising Ryan White funded services. Such advertisement is to
promote/incorporate the following components: Services available, venues/locations, and hours of
operation. The content of any and all advertising for these services must be in a format allowed by
Local, State and Federal regulations and shall contain the funding language referenced in this
contract section.
10.3 Contractor is responsible to ensure that all appropriate program descriptions, including hours and
locations, and any changes related to these services are disseminated to the community and other
Ryan White contractors to ensure that clients have access to care. The Contractor shall be able to
document and explain this communication process to the Administrative Agent upon request.
11.0 INFORMATION AND COMMUNICATION SYSTEMS:
11.1 RWPA requires the installation and utilization of HRSA-supplied Ryan White CAREWare
software. CAREWare is used for client level data reporting and monthly billing reports,
demographic reports, and various custom reporting. The Contractor agrees to install, collect, and
report all data requested by the RWPA via CAREWare within sixty (60) calendar days of request
by the RWPA. The Contractor agrees to participate in technical assistance training and/or
informational presentations for CAREWare at various times scheduled during the contract year.
11.2 The Contractor is responsible for coordinating the installation of the CAREWare software with their
internal information technology staff. CAREWare software is developed by HRSA and requires no
licensing fees.
11.3 The Ryan White office will provide technical assistance to eligible applicants for the
implementation, configuration, and end user support for the CAREWare database. In addition,
technical assistance is made available to eligible applicants to integrate CAREWare with proprietary
in-house billing systems on an as needed basis to minimize data entry efforts needed to report client
level demographic and service-related data.
11.4 The Contractor shall comply with all Health Insurance Portability Accountable Act (HIPAA)
privacy and security compliance regulations, e.g., assignment and review of user IDs, requiring
passwords, protecting Private Health Information. The Contractor shall also establish a secure e-
mail system for confidential correspondence with stakeholders.
11.5 The Contractor shall, within the first year of the contract, ensure that all client forms be adapted and
available in accessible formats, including the ability to be completed and signed electronically.
11.6 The Contractor will communicate with clients via text messages, phone call, video call and in-person
as part of providing services. Text message capabilities must be in place within the first year of the
contract for Contractor to be able to communicate directly with clients.
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12.0 REPORTING:
12.1 The Contractor agrees to submit monthly invoices as defined in the Invoice and Payments section
of this agreement.
12.2 The Contractor agrees to submit any administrative, programmatic, quality, and/or fiscal reports
requested and at the due date defined by the department.
12.3 The Contractor agrees to comply with and submit annual and semi-annual client-level and provider-
level data as required by HRSA by the due date(s) defined by the department.
12.4 The Contractor agrees to comply with ARS § 36-621, reporting contagious diseases. Any employee,
subcontractor, or representative of the Contractor providing services under this contract shall follow
the requirements of this law. Specifically, a person who learns that a contagious, epidemic, or
infectious disease exists shall immediately make a written report of the particulars to the appropriate
board of health or health department. The report shall include names and residences of persons
afflicted with the disease. If the person reporting is the attending physician, he shall report on the
condition of the person afflicted and the status of the disease at least twice each week.
13.0 REFERENCES:
13.1 HRSA Ryan White HIV/AIDS Program (https://hab.hrsa.gov/)
13.2 Ryan White HIV/AIDS Program (RWHAP) National Monitoring Standards for RWHAP Part A
Recipients (https://ryanwhite.hrsa.gov/sites/default/files/ryanwhite/grants/2022-rwhap-nms-
part.pdf)
13.2.1 Fiscal Monitoring Standards (pages 72 – 125)
13.2.2 Program Monitoring Standards (pages 4 – 71)
13.2.3 Universal Monitoring Standards (pages 126 – 145)
13.3 Ryan White HIV/AIDS Program Services: Eligible Individuals & Allowable Uses of Funds Policy
Clarification Notice (PCN) #16-02
(https://ryanwhite.hrsa.gov/sites/default/files/ryanwhite/grants/service-category-pcn-16-02-
final.pdf)_
13.4 The Greater Phoenix Ryan White HIV Services Planning Council Standards of Care
(https://www.maricopa.gov/DocumentCenter/Index/3154)
13.5 Budget Training Recording https://bit.ly/rwbudget
13.6 Current Provider Matrix https://www.maricopa.gov/1878/Provider-Information
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EXHIBIT E
Service Category Providers
As of March 1, 2024
Early EHE EHE Emergency Food Bank Medical Case Medical Medical Mental Non-medical Case Referral for
Respondent Intervention Initiative Infrastructure Financial HIPSCA HIPCSA Housing Management Nutrition Transportation Health Management OAHS Psychosocial Healthcare Substance
CAN Community Health X X X X
Chicanos por la Causa X X X X X X X
Ebony House X X X X
HIV Care Directions X X X X X X X
RipplePHX X X X X X X
Southern Arizona AIDS Foundation X X X
Southwest Center for HIV/AIDS X X X X X X X X
Sun Life Health Center X X
Terros Health X X
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EXHIBIT F
MARICOPA COUNTY
BUSINESS ASSOCIATE AGREEMENT
This BUSINESS ASSOCIATE AGREEMENT (“Agreement”) is effective [insert effective date] (“Effective
Date”) and is entered into by MARICOPA COUNTY, by and through its HIPAA-covered component, Public
Health – Ryan White Program (“COUNTY” or “Covered Entity”), and Southern Arizona AIDS Foundation
(“Business Associate” or “Associate”). This Agreement sets out the responsibilities and obligations of
Business Associate, as a Business Associate of Maricopa County, a hybrid entity with covered components
governed by the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information
Technology for Economic and Clinical Health (“HITECH”) Act.
RECITALS
This Agreement is made a part of the parties’ contract or engagement letter for services (the “Contract”),
pursuant to which Business Associate provides services to Maricopa County that involve the use or
disclosure of Protected Health Information (“PHI”) that Maricopa County may transfer to Business
Associate.
AGREEMENT
Business Associate and Maricopa County agree to the terms and conditions of this Agreement in order to
comply with the rules on handling of PHI under the HIPAA Regulations for Privacy of Individually Identifiable
Health Information, 45 C.F.R. Part 160 and Part 164, Subpart E (“Privacy Rule”), the HIPAA Security Rule,
45 C.F.R. Part 160 and Part 164, Subpart C (“Security Rule”), and the HIPAA Breach Notification
Regulations, 45 C.F.R. Part 164, Subpart D (“Breach Notification Rule”), all as amended from time to time.
Business Associate and Maricopa County will comply with the terms of this Agreement for the duration of
the Contract and for such other continuing periods as provided in this Agreement.
1. Definitions
a. Unless otherwise provided in this Agreement, all capitalized terms in this Agreement will have the
same meaning as provided under the Privacy Rule, Security Rule, and the Breach Notification
Rule.
b. “Protected Health Information” or “PHI” means PHI as defined in 45 C.F.R. Part 160 and 164, that
is received from Maricopa County, or created, maintained, or transmitted on behalf of Maricopa
County, by Business Associate.
2. Uses and Disclosure of PHI
a. Except as otherwise provided in this Agreement or by law, Business Associate may use or
disclose PHI only for those purposes necessary to perform the services described in the Contract.
b. Business Associate may use PHI for the proper management and administration of Business
Associate’s business, or to carry out its legal responsibilities. Business Associate may disclose
PHI to a third party for such purposes only if:
i. the disclosure is required by law; or
ii. Business Associate obtains written assurances, prior to making any disclosure to a third party
that the third party will (a) hold the PHI confidentially; (b) used or disclose the PHI only as
required by law or for the purpose for which it was disclosed to the third party; and (c) notify
Business Associate of any other use or disclosure of PHI.
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c. In accordance with 45 C.F.R. § 164.502(e)(1), if Business Associate’s subcontractor creates,
receives, maintains, or transmits PHI on behalf of Business Associate, Business Associate will
enter into a written agreement with such subcontractor that contains the same restrictions and
conditions on the use and disclosure of PHI as contained in this Agreement.
d. Business Associate may use and disclose de-identified health information, if (i) the use is
disclosed to Maricopa County and permitted by Maricopa County in its sole discretion, (ii) that the
de-identification is in compliance with 45 C.F.R. § 164.502(d), and (iii) the de-identified health
information meets the standard and implementation specifications for de-identification under 45
C.F.R. § 164.514(a) and (b). Business Associate may perform data aggregation services as
permitted by 45 C.F.R. § 164.504(e)(2)(i)(B).
e. To the extent Business Associate is to carry out Maricopa County’s obligations under the Privacy
Rule, Business Associate will comply with the requirements of the Privacy Rule that apply to
Maricopa County’s compliance with such obligations.
3. Safeguards
a. Business Associate will implement and maintain appropriate safeguards to prevent the use or
disclosure of PHI other than as provided by this Agreement including administrative, physical, and
technical safeguards to protect the confidentiality, integrity, and availability of the electronic PHI
that Business Associate creates, receives, maintains, and transmits on behalf of Maricopa
County.
b. Business Associate agrees to take reasonable steps, including providing adequate training to its
employees to ensure compliance with this Agreement and to ensure that the actions or omissions
of its employees or agents do not cause Business Associate to breach the terms of this
Agreement.
c. Upon request of Maricopa County, Business Associate will provide evidence to Maricopa County
that these safeguards are in place and are properly managed.
d. Business Associate will comply with the HIPAA Security Rule.
4. Reporting Improper Use or Disclosure of PHI, Security Incidents, and Breaches
a. Business Associate will report to Maricopa County in writing any use or disclosure of PHI not
provided for by this Agreement within 48 hours of when it becomes aware of such.
b. Business Associate will report to Maricopa County in writing any Security Incident involving
unsecured PHI of which Business Associate becomes aware. Specifically, Business Associate
will report to Maricopa County any successful unauthorized access, use, disclosure, modification,
or destruction of electronic PHI, or interference with system operations in an information system
containing electronic PHI, of which Business Associate becomes aware within 48 hours of
Business Associate learning of such Security Incident. Business Associate will also report the
aggregate number of unsuccessful, unauthorized attempts to access, use, disclose, modify, or
destroy electronic PHI or interfere with system operations in an information system containing
electronic PHI, of which Business Associate becomes aware, provided that:
i. such reports will be provided only as frequently as the parties mutually agree, but no more
than once per month; and
ii. if the definition of “Security Incident” under the Security Standards is amended to remove the
requirement for reporting “unsuccessful” attempts to use, disclose, modify, or destroy e-PHI,
the portion of this Section 4 addressing the reporting of unsuccessful, unauthorized attempts
will no longer apply as of the effective date of such amendment.
c. Business Associate will report in writing to Maricopa County any Breach of unsecured PHI, as
defined in the Breach Notification Rule, within 48 hours of Business Associate’s learning of such
Breach. Business Associate will provide such information to Maricopa County as required in the
Breach Notification Rule. Business Associate will reimburse Maricopa County for all reasonable
expenses incurred in notifying individuals of a Breach caused by Business Associate or Business
Associate’s subcontractors or agents, and for reasonable expenses incurred in mitigating harm to
those individuals. Business Associate will also defend, hold harmless, and indemnify Maricopa
County and its employees, agents, officers, directors, and affiliated entities, from and against any
claims, losses, damages, liabilities, costs, expenses, penalties, or obligations (including attorneys’
fees), which Maricopa County may incur due to a Breach caused by Business Associate or
Business Associate’s subcontractors or agents.
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d. Business Associate will report in writing to Maricopa County within 48 hours of learning of any
potential unauthorized use or disclosure, Security Incident, or Breach that may contain PHI and
that would take more than 48 hours to determine whether PHI was actually involved.
5. Mitigation of Disclosures of PHI
Business Associate will take reasonable measures to mitigate, to the extent practicable, any harmful
effect that is known to Business Associate of any use or disclosure of PHI by Business Associate or
its agents or subcontractors in violation of the requirements of this Agreement.
6. Obligations Regarding Business Associate Personnel
Business Associate will inform all of its employees, agents, and subcontractors (“Business Associate
Personnel”) who will be involved in providing services related to the Contract, of the Business
Associate’s obligations under this Agreement. Business Associate represents and warrants that the
Business Associate Personnel are under legal obligation to Business Associate, by contract or
otherwise, sufficient to enable Business Associate to fully comply with the provisions of this
Agreement. Business Associate will maintain a system of sanctions for any Business Associate
Personnel who violates this Agreement.
7. Audit Report
a. Upon request, Business Associate will provide Maricopa County, with a copy of its most recent
independent HIPAA compliance report (AT-C 315), HITRUST certification, or other mutually
agreed upon independent standards based third party audit report.
b. Maricopa County agrees not to re-disclose Business Associate’s audit report.
8. Access to PHI
a. Within five business days of a request by Maricopa County for access to PHI, Business Associate
will make the requested PHI available to Maricopa County and will provide copies upon request.
b. If an individual requests access to an individual’s PHI directly to Business Associate, Business
Associate will within five business days forward that request in writing to Maricopa County.
Maricopa County will be responsible for making all determinations regarding the grant or denial of
an individual’s request for PHI and Business Associate will make no such determinations.
Maricopa County will release PHI to an individual pursuant to such a request, or direct Business
Associate in writing to make the disclosure.
9. Amendment of PHI
a. Within five business days of a request and instruction from Maricopa County, Business Associate
will amend PHI or a record about an individual that is maintained by, or otherwise within the
possession of, Business Associate in accordance with procedures established by 45 C.F.R. §
164.526.
b. If an individual requests that Business Associate amend an individual’s PHI, Business Associate
within five business days will forward this request to Maricopa County. Any decision to amend
PHI will be the sole responsibility of Maricopa County.
10. Accounting of Disclosures of PHI
a. Business Associate will document any disclosures of PHI made by it to account for such
disclosures as required by 45 C.F.R. § 164.528. Business Associate also will make available
information related to such disclosures as would be required for Maricopa County to respond to a
request for an accounting of disclosures in accordance with 45 C.F.R. § 164.528. Business
Associate will maintain its record of disclosures for six years from the termination of this
Agreement.
b. At a minimum, Business Associate will record the following information:
i. the date of disclosure of PHI;
ii. the name of the entity or person who received PHI, and, if known, the address of such entity
or person;
iii. a description of the PHI disclosed; and
iv. a brief statement of the purpose of the disclosure that includes the basis for such disclosure.
c. Within five business days of receiving a written request from Maricopa County, Business
Associate will provide Maricopa County its records of disclosures.
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d. If an individual requests an accounting of disclosures directly from Business Associate, Business
Associate will within five business days forward the request and its records of disclosures to
Maricopa County. Maricopa County will be responsible for preparing and delivering the
accounting to the individual, and Business Associate will not provide an accounting of its
disclosures directly to any individual.
11. Availability of Books and Records
a. Business Associate will within five business days of Maricopa County’s written request, make
available during normal business hours at Business Associate’s offices, or otherwise mutually
agreed upon location, all its internal practices, books, agreements, records, and policies and
procedures relating to the use and disclosure of PHI for purposes of allowing Maricopa County or
its agents or auditors to determine Business Associate’s compliance with HIPAA and this
Agreement.
b. Business Associate will make its internal practices, books, and records relating to the use and
disclosure of PHI available to the Secretary of the Department of Health and Human Services to
the extent required for determining compliance with the Privacy Rule, or the Breach Notification
Rule.
c. No attorney-client, accountant-client, or other legal privilege will be deemed waived by Business
Associate or Maricopa County because of this Section.
12. Restrictions on Use of Disclosure of PHI
If Maricopa County advises Business Associate of any changes in, or restrictions to, the permitted
use or disclosure of PHI, Business Associate will restrict the use or disclosure of PHI consistent with
Maricopa County’s instructions.
13. Data Return or Destruction of PHI
a. Business Associate’s data stewardship does not confer data ownership rights on Business
Associate with respect to any data shared with it under this Agreement, including all forms
thereof.
b. Within 30 days of termination of the Contract or this Agreement, Business Associate will return to
Maricopa County all PHI that Business Associate and its subcontractors and agents maintain in
any form or format. Alternatively, Business Associate may, upon Maricopa County’s consent,
destroy all such PHI and provide Maricopa County with written documentation of such
destruction. Business Associate will be responsible for recovering any PHI from its subcontractors
and agents, or documenting their destruction of such PHI, consistent with this section.
c. If Business Associate believes that returning or destroying PHI at the termination of this
Agreement is infeasible, it will provide written notice to Maricopa County within 30 days from the
termination of this Agreement explaining its circumstances. Maricopa County will promptly
respond wither it agrees. If Maricopa County agrees, then Business Associate may keep the PHI
and will extend all protections, limitations, and restrictions of this Agreement to the PHI, and will
limit the use and disclosure of the PHI to only those circumstances that make return or
destruction infeasible. Business Associate will ensure the same protections and limitations are
followed by its agents and subcontractors. If Maricopa County does not agree that that return or
destruction of PHI is infeasible, Maricopa County will notify Business Associate, and Business
Associate and its agents and subcontractors will return or destroy the PHI within 30 days.
d. The obligations of Business Associate and contractors or agents of Business Associate under this
Section shall survive the termination of this Agreement.
14. Term and Termination
a. This Agreement will become effective on the date first written above and will continue in effect
until all obligations of the Parties have been met under the Contract and under this Agreement.
b. Maricopa County may terminate immediately this Agreement, the Contract, and any other related
agreements if Maricopa County makes a determination that Business Associate has breached
this Agreement and Business Associate has failed to cure that breach to Maricopa County’s
reasonable satisfaction within 30 days after written notice from Maricopa County. Maricopa
County may report the problem to the Secretary of HHS if termination is not feasible.
15. General Provisions
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a. Amendments. The parties agree to take such action as is necessary to amend this Agreement
from time to time as is necessary for Maricopa County and Business Associate to comply with the
requirements of applicable federal and state law. All amendments to this Agreement shall be in
writing and signed by both parties.
b. Construction of Terms. The terms of this Agreement will be construed considering any
applicable interpretation or guidance on the Privacy Standards and Security Standards issued by
the Department of Health and Human Services and other applicable state or federal laws, rules,
and regulations as amended from time to time.
c. No Third-Party Beneficiaries. Nothing in this Agreement will confer upon any person other than
the parties and their respective successors or assigns, any rights, remedies, obligations, or
liabilities, whatsoever.
d. Assignment of Rights and Delegation of Duties. This Agreement is binding upon and inures to
the benefit of the parties and their respective successors and permitted assigns. However, neither
party may assign any of its rights or delegate any of its obligations under this Agreement without
prior written consent of the other party, which consent shall not be unreasonable withheld or
delayed.
e. No Waiver. Failure or delay on the part of either party to exercise any right, power, privilege, or
remedy shall not constitute a waiver. No provision of this Agreement may be waived by either
party except by a writing signed by an authorized representative of the party making the waiver.
f. Severability. The provisions of this Agreement shall be severable, and if any provision of this
Agreement shall be held or declared to be illegal, invalid, or unenforceable, the remainder of this
Agreement shall continue in full force and effect.
g. Entire Agreement. This Agreement constitutes the entire agreement between the parties with
regard to the Privacy Rule, Security Rule, and the Breach Notification Rule. There are no
understandings or agreements relating to this Agreement that are not fully expressed in this
Agreement and no change, waiver, or discharge of obligations arising under this Agreement will
be valid unless in writing and executed by the party against whom such change, waiver, or
discharge is sought to be enforced.
h. Written Agreement. This Agreement is considered as an integral part of the underlying Contract
and is incorporated as though fully set forth within the Contract. This Agreement will govern in the
event of conflict or inconsistency with any provision of Contract.
i. Venue and Choice of Law. Any suit, action, or other legal proceeding arising out of, or relating
to, this Agreement shall be brought in the venue designated in the Contract or, if no designation is
made, either in Maricopa County Superior Court or in the United States District Court for the
District of Arizona, sitting in Phoenix, Arizona. This Agreement and the rights and obligations of
the parties shall be governed by the laws of the State of Arizona, without regard to applicable
conflict of law principles.
j. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original and when taken together shall constitute one agreement.
k. Facsimile and Electronic Signatures. Facsimile and electronic signatures shall be deemed to
be original signatures for all purposes of this Agreement.
l. Notices. For purposes of this Agreement and complying with all of its provisions, including all
reporting, notification, and disclosures required in this Agreement or in accordance with
applicable law, all notices shall be sent in accordance with the notice provisions under the
Contract.
m. Relationship of the Parties. In the performance of the Contract and the duties and obligations
described in this Agreement, each party is at all times an independent contractor and at no time
shall the relationship between the parties be construed as a partnership, joint venture,
employment, or agency relationship.
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EXHIBIT G
OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY
1.0 All contract-related travel plans and arrangements shall be prior-approved by the County Contract
Administrator.
2.0 Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special District
(County) contracts shall be reimbursed based on current U.S. General Services Administration (GSA)
domestic per diem rates for Phoenix, Arizona. Contractors must access the following internet site to
determine rates (no exceptions): (www.gsa.gov).
2.1 Additional incidental expenses (i.e., telephone, fax, internet and copying charges) shall not be
reimbursed. They should be included in the contractor’s hourly rate as an overhead charge.
2.2 The County will not (under no circumstances) reimburse for Contractor guest lodging, per diem or
incidentals.
3.0 Commercial air travel shall be reimbursed as follows:
3.1 Coach airfare will be reimbursed by the County. Business class airfare may be allowed only when
preapproved in writing by the County Contract Administrator as a result of the business need of the
County when there is no lower fare available.
3.2 The lowest direct flight airfare rate from the Contractors assigned duty post (pre-defined at the time
of contract signing) will be reimbursed. Under no circumstances will the County reimburse for
airfares related to transportation to or from an alternate site.
3.3 The County will not (under no circumstances) reimburse for Contractor guest commercial air travel.
4.0 Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the trip,
not for the personal convenience of the traveler. Multiple vehicles for the same set of travelers for the same
travel period will not be permitted without prior written approval by the County Contract Administrator.
4.1 Purchase of comprehensive and collision liability insurance shall be at the expense of the contractor.
The County will not reimburse contractor if the contractor chooses to purchase this coverage.
4.2 Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger vehicle is
necessary for cost efficiency due to the number of travelers. (NOTE: contractors shall obtain pre-
approval in writing from the County Contract Administrator prior to rental of a larger vehicle.)
4.3 County will reimburse for parking expenses if free, public parking is not available within a
reasonable distance of the place of County business. All opportunities must be exhausted prior to
securing parking that incurs costs for the County. Opportunities to be reviewed are the DASH;
shuttles, etc. that can transport the contractor to and from County buildings with minimal costs.
4.4 County will reimburse for the lowest rate, long-term uncovered (e.g. covered or enclosed parking
will not be reimbursed) airport parking only if it is less expensive than shuttle service to and from
the airport.
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4.5 The County will not (under no circumstances) reimburse the Contractor for guest vehicle rental(s)
or other any transportation costs.
5.0 Contractor is responsible for all costs not directly related to the travel except those that have been pre-
approved by the County Contract Administrator. These costs include (but not limited to) the following: in-
room movies, valet service, valet parking, laundry service, costs associated with storing luggage at a hotel,
fuel costs associated with non-County activities, tips that exceed the per diem allowance, health club fees,
and entertainment costs. Claims for unauthorized travel expenses will not be honored and are not
reimbursable.
6.0 Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified in individual
contracts.
7.0 Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel and per
diem expenses, and if applicable with a copy of the written consent issued by the Contract Administrator. No
travel and per diem expenses shall be paid by County without copies of the written consent as described in
this policy and copies of all receipts.
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EXHIBIT H
GEOGRAPHIC SERVICE LOCATOR MAP
PSA 1: Aguila, Anthem, Beardsly, Circle City, El Mirage, Gladden, PSA 4: Chandler, Chandler Heights, Gilbert, Guadalupe, Mesa,
Glendale, Moristown, New River, Peoria, Surprise, Sun City, Tonopah, Ocotillo, Queen Creek, Serape, Sun Lakes, Tempe.
Wickenberg, Whittman, Youmgtown.
PSA 5: Laveen, Phoenix.
PSA 2:Arlington, Avondale, Bosque, Buckeye, Cashion, Estralla,
PSA 6: Apache Junction, Gold Canyon, Kearny, Maricopa,
Goodyear, Gila Bend, Litchfield Park, Mobile, Palo /Verde, Rainbow
Oracle, Superior, Queen Valley.
Valley, Sentinel, Tollison, Waddell, Wintersburg.
PSA 7: Arizona City, Casa Grande, Coolidge, Eloy, Florence,
PSA 3: Camp Creek, Carefree, Cave Creek, Fort McDowell, Fountain Hills,
Mammoth, Oracle, San Manual, Stanfield.
Paradise Valley, Scottsdale, Seven Springs, Tortilla Flats.
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