CONTRACT RE IMMUNIZATION BILLING REIMBSMTS WITH TAPI.PDF

Maricopa County — Formal (2014-02-12)

View PDF Item 47 Meeting page

Extracted text (via pymupdf_layout) 36124 characters
Sole Source
CONTRACT FOR SERVICES
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central, Suite 1400, Phoenix, Arizona 85012
1. Contract No: C-86-14-062-3-00 2. Contract Type: Service Agreement
3. Contract Amount: Reimbursement 4. Purpose: Immunization Medical Claim Reimbursement
(Maximum Reimbursable Amount)
5. Start Date: January 1, 2014 6. Expiration Date: _December 31, 2014
This Contract is entered into by and between The Arizona Partnership for Immunization (TAPI), referred to
hereinafter as the “Contractor,” and Maricopa County, by and through the Department of Public Health,
referred to hereinafter as the “County.” The Contractor and the County are collectively referred to as the
“Parties” and individually as a “Party.” The Parties, for and in consideration of the covenants and conditions
set forth herein, shall provide and perform the services as set forth below. All rights and obligations of the
Parties shall be governed by the terms of this Contract, including its Exhibits, Attachments, Appendices, and
any Subcontracts or Amendments as set forth herein and in:
Section I - General Provisions Section III - Work Statement
Section II - Special Provisions Section IV - Compensation
This Contract contains all the terms and conditions agreed to by the Parties. No other understanding,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind the
Parties. Nothing in this Contract shall be construed as consent to any lawsuit or waiver of any defense
in any lawsuit brought against the State of Arizona, the County, or the Contractor, in any State or
Federal Court.
Legal notice under this Contract shall be given by personal delivery or by registered or certified mail, postage
prepaid and return receipt requested, to the addresses set forth below. If the legal notice is personally
delivered, it is deemed given and effective upon receipt by the Party to whom it is addressed. If the legal
notice is mailed, it is deemed given and effective three (3) days after it is mailed by registered or certified mail.
Notice to Contractor: Jennifer Tinney Phone:_602 288-7567
Address: 700 E Jefferson, Ste 100, Phoenix, Arizona 85034
Notice to Department: MCDPH Grants/Contracts Unit Phone: (602) 372-0675
Address: 4041 N. Central Ave., Suite 1400, Phoenix, AZ 85007
IN WITNESS WHEREOF, the Parties enter into this Contract:
FOR AND ON BEHALF OF
CONTRACTOR : MARICOPA COUNTY
BY: BY:
Signature Chairman, Board of Supervisors
Type Name and Title ATTEST
Date Clerk of the Board
Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for Maricopa County
Date Date

SECTION I GENERAL PROVISIONS
1. EFFECT
To the extent the Work Statement is in conflict with the General or Special Provisions,
the Work Statement shall control.
2. DEFINITIONS
As used throughout this Contract, the following terms shall have the following meanings:
A. Contract means this document and all exhibits, attachments, appendices, and
amendments to this Contract.
B. Contractor means the person, firm, or organization listed on the Cover Page of
this Contract.
C. County means Maricopa County, Arizona.
D. Department means the Maricopa County Department of Public Health
(MCDPH).
E. Director means the Director of the Department.
F. Funding Source means any Federal, State, or Private Agency funding source
that may impose conditions on the funding that will be passed on to the
Contractor.
3. GENERAL REQUIREMENTS
A. The terms of this Contract shall be construed in accordance with Arizona law.
Any lawsuit arising out of this Contract shall be brought in the appropriate court in
Maricopa County, Arizona.
B. The Contractor shall, without limitation, obtain and maintain all licenses, permits,
and authority necessary to do business, render services, and perform work under
this Contract, and shall comply with all laws regarding Unemployment Insurance,
Disability Insurance, and Workers’ Compensation.
C. The Contractor is an independent Contractor in the performance of work and the
provision of services under this Contract and is not to be considered an officer,
employee, or agent of the County.
4. AMENDMENTS
All Amendments to this Contract shall be in writing and signed by the Parties.
5. ADEQUACY OF RECORDS
If the Contractor's books, records, and other documents relevant to this Contract are not
sufficient to support and document that allowable services were provided to eligible
persons, the Contractor shall reimburse the County for the services not sufficiently
supported and documented.
2

SECTION I GENERAL PROVISIONS
6. RETENTION OF RECORDS
A. This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the Contractor, which are
reasonably considered as relevant to this Contract.
B. The Contractor shall retain all financial books, records, and other documents
relevant to this Contract for five (5) years after final payment or until after the
resolution of any audit questions, which could take more than five (5) years,
whichever is longer. The County, Federal, or State auditors, and any other
persons duly authorized by the County, shall have full access to, and the right to
examine, copy, and make use of any and all such materials.
7. ASSIGNMENT / SUBCONTRACTING
No rights, liability, obligations, or duties under this Contract may be assigned, delegated,
or subcontracted without the prior written approval of the County.
8. AUDIT DISALLOWANCES
A. The Contractor shall, upon written demand therefore, reimburse the County for
any payments made under this Contract that are disallowed by a Federal, State,
or Maricopa County audit in the amount of the disallowance, as well as all
expenses, court costs, and attorney fees the County incurs in connection with
any legal action relating to such disallowance.
B. If, at any time, the County determines that a cost for which payment has been
made is a disallowed cost, the County shall notify the Contractor in writing of the
disallowance and the required course of action, which may be, at the option of
the County, either to adjust any future claim submitted by the Contractor by the
amount of the disallowance or to require repayment of the disallowed amount by
the Contractor.
9. CONTRACT COMPLIANCE MONITORING
The County shall monitor the Contractor's compliance with, and performance under, the
terms and conditions of this Contract. Announced or unannounced on-site visits for
Contract compliance monitoring may be made by the County and its grantor agencies at
any time during the Contractor's normal business hours. During the visit, the Contractor
shall make available for inspection and copying by the County, all records and accounts
relating to the work performed or the services provided under this Contract, or for similar
work and service provided under other grants and contracts.
10. AVAILABILITY OF FUNDS
A. 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 the County for disbursement. The
Director shall be the sole judge and authority in determining the availability of
funds under this Contract and the County shall keep the Contractor fully informed
as to the availability of funds.
3

SECTION I GENERAL PROVISIONS
B. 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, the County may amend, suspend,
decrease, or terminate its obligations under or in connection with this Contract.
In the event of termination, the County shall be liable for payment only for
services rendered prior to the effective date of the termination, provided such
services are performed in accordance with the provisions of this Contract. The
County shall give at least ten (10) days prior written notice of the effective date of
any suspension, amendment, or termination under this section.
11. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
A. The Contractor shall, during the term of this Contract, immediately inform the
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 or
reimbursed under this Contract. Failure by the Contractor to notify the County of
such award shall be considered a material breach of this Contract and the
County shall have the right to terminate this Contract without liability.
B. The 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.
C. If the 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, the County shall prepare a Contract Amendment effecting a cost
adjustment. If the Contractor protests the proposed cost adjustment, the protest
shall be considered a dispute within the meaning of the "Disputes" clause
contained herein.
12. NON-APPROPRIATION OF FUNDS
Notwithstanding any other provision herein, this Contract may be terminated without
liability if the Maricopa County Board of Supervisors does not appropriate sufficient
monies for the purpose of maintaining this Contract.
13. DEFAULT
The County may suspend, modify, or terminate this Contract immediately upon written
notice to the Contractor in the event of a non-performance of stated objectives or other
material breach of contractual obligations; or upon the happening of any event that may
jeopardize the ability of the Contractor to perform any of its contractual obligations.
14. TERMINATION
A. The County or the Contractor may terminate this Contract at any time with at
least thirty (30) days prior written notice to the other Party. Such notice shall be
given by personal delivery or by Registered or Certified Mail, postage prepaid
and return receipt requested.
B. This Contract may be terminated by mutual written agreement of the Parties
4

SECTION I GENERAL PROVISIONS
specifying the termination date therein.
C. The County may terminate this Contract upon twenty-four (24) hours notice when
the County deems the health or welfare of any person is endangered or the
Contractor’s non-compliance jeopardizes funding source financial participation. If
not terminated by one of the methods stated above, this Contract shall terminate
on the expiration date of this Contract as stated on the Cover Page.
15. TERMINATION FOR BREACH
If either Party defaults under this Contract and the default continues for more than ten
(10) days after the effective date of the other Party’s written notice stating the specific
nature of the default, then the noticing Party may treat the default as a breach of this
Contract. Upon a breach, the aggrieved Party may exercise any remedy available under
the law, including the termination of this Contract.
16. SEVERABILITY
Any provision of this Contract that is determined by a court of competent jurisdiction to
be invalid, void, or illegal shall not affect, impair, or invalidate any other provision hereof,
and the remaining provisions shall remain in full force and effect.
17. STRICT COMPLIANCE
Acceptance by the County of performance not in strict compliance with the terms of this
Contract shall not be construed as a waiver of the requirement of strict compliance for all
future performance obligations. All changes in performance obligations under this
Contract shall be in writing.
18. NON-LIABILITY
The County and its officers and employees shall not be liable for any act or omission by
the Contractor or any subcontractor, employee, officer, agent, or representative of the
Contractor or subcontractors that occurs during the performance of this Contract, nor
shall they be liable for any purchases, debts, or agreements made by the Contractor in
anticipation of funding hereunder.
19. INDEMNITY
A. 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.
B. 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
5

SECTION I GENERAL PROVISIONS
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.
C. 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.
D. The scope of this indemnification does not extend to the sole negligence of
COUNTY.
20. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee. For breach or violation of this
warranty, the County may terminate this Contract without liability.
21. SAFEGUARDING CLIENT INFORMATION
The use or disclosure by any Party of any information concerning an eligible person
served under this Contract is directly limited to the performance of this Contract.
22. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Contract without
cost or other restriction, except as may otherwise be provided herein or by law or
applicable regulation. Each Party shall supply to the other Party, upon request, any
available information known to the supplying Party that is relevant to this Contract and to
the performance hereunder.
23. NON-DISCRIMINATION
The Contractor, in connection with any service or other activity under this Contract, shall
not in any way discriminate against any person on the grounds of race, color, religion,
sex, national origin, age, or disability. The Contractor shall include a clause to this effect
in all Subcontracts inuring to the benefit of the Contractor or the County.
24. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, or national origin. The Contractor
shall take affirmative action to insure that applicants are employed and that employees
are treated during employment without regard to their race, age, disability, color, religion,
sex, or national origin. Such action shall include, but is not limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-
off or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. The Contractor shall, to the extent such provisions apply,
6

SECTION I GENERAL PROVISIONS
comply with Titles VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et
seq.); the Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603) (“IRCA”);
and Arizona Executive Order 2009-09, which mandates that all persons shall have equal
access to employment opportunities. The Contractor shall also comply with all
applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101,
et seq.).
25. RIGHT OF PARTIAL CANCELLATION
If more than one activity is funded by this Contract, the County reserves the right to
terminate this Contract or any part thereof based on the Contractor's failure to perform
any part of this Contract without impairing, invalidating, or canceling the remaining Work
Statement obligations.
26. RIGHT TO EXTEND CONTRACT
Subject to the availability of funds and acceptable Contractor performance, the
Contractor hereby acknowledges and agrees that the County shall have the right to
extend this Contract for additional one-year periods, not to exceed a total extended term
of five (5) years, except that the cost will be subject to renegotiation. Any extension of
this Contract shall be in a writing mutually acceptable to the Department and the
Contractor and signed by both Parties.
27. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The undersigned (an authorized official signing for the Contractor) certifies to the
best of his or her knowledge and belief, that the Contractor, defined as the
primary participant in accordance with 45 CFR Part 76, and its principals:
1) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any Federal Department or agency;
2) have not, within the 3-year period preceding this Contract, been convicted
of or had a civil judgment rendered against them for the commission of
fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; or violated any Federal or State
antitrust statues; or committed embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
3) are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with the commission of any of
the offenses enumerated in paragraph (2) of this certification; and
4) have not, within the 3-year period preceding this Contract, had one or
more public transactions (Federal, State, or local) terminated for cause of
or default.
7

SECTION I GENERAL PROVISIONS
B. If the Contractor is not able to provide this certification, an explanation as to why
shall be attached to this Contact.
C. 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.
28. E-VERIFICATION OF EMPLOYEES
The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
A. That the Contractor and its subcontractors, if any, warrant their compliance with
all federal immigration laws and regulations that relate to their employees and
their compliance with A.R.S. § 23-214, subsection A: after December 31, 2007,
every employer, after hiring an employee, shall verify the employment eligibility of
the employee through the e-verify program and shall keep a record of the
verification for the duration of the employee's employment or at least three years,
whichever is longer.;
B. That a breach of a warranty under subsection A above shall be deemed a
material breach of this Contract that entitles the County to, among other things,
terminate this Contract without liability;
C. That the County retains the right to inspect the papers of the Contractor and any
subcontractor employee who works on this Contract to ensure that the Contractor
and all subcontractors are complying with the warranty provided under
subsection A above, and that the Contractor shall make all papers and
employment records of said employee(s) available during normal working hours
in order to facilitate such an inspection.
D. That nothing herein shall make the Contractor or any subcontractor an agent or
employee of the County.
8

SECTION II SPECIAL PROVISIONS
1. MEDIATION/ARBITRATION
In the event that any dispute arises out of this Contract or involves a recipient of services
under the terms of this Contract, the Parties shall meet and confer in an effort to resolve
the dispute. In the event that such efforts to resolve the dispute are unsuccessful, the
Parties shall resolve the dispute by arbitration pursuant to A.R.S. § 12-1518(A).
2. CHANGES
A. The Director may, at any time, by written order, make changes within the scope
of this Contract in any one or more of the following areas:
1). Work Statement activities reflecting changes in the scope of services,
Funding Source, or County regulations, policies, or requirements.
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.
3). Contractor reimbursement schedules and program budgets
B. The Director shall not increase or decrease the maximum reimbursable amount
to be paid the Contractor without an official amendment to this Contract.
Additionally, the Director shall not direct substantive changes in services to be
rendered by the Contractor.
C. Any dispute or disagreement caused by such written order shall constitute a
"Dispute" within the meaning of the Disputes Clause of the Special Provisions of
this Contract and shall be administered accordingly.
3. SPECIAL REQUIREMENTS
A. If the use of subcontractors is approved by County, the Contractor shall use
written subcontracts or consultant agreements that conform to Federal and State
laws and regulations, and to the requirements of this Contract appropriate to the
service or activity covered by the subcontract. These provisions apply with equal
force to the subcontract as if the subcontractor were the Contractor referenced
herein. The Contractor is responsible for performing under this Contract whether
or not Subcontractors are used. The Contractor shall submit a copy of each
Subcontract to the County within fifteen (15) days of its effective date.
B. The Contractor shall include in any subcontracts a provision to the effect that the
subcontractor agrees that the County shall have access to the subcontractor’s
facilities and the right to examine any books, documents, and records of the
subcontractor, involving transactions related to the subcontract and that such
books, documents, and records shall not be disposed of except as provided
herein.
4. INSURANCE
A. CONTRACTOR, at CONTRACTOR'S own expense, shall purchase and maintain
9

SECTION II SPECIAL PROVISIONS
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.
B. 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.
C. CONTRACTOR’S insurance shall be primary insurance as respects COUNTY,
and any insurance or self-insurance maintained by COUNTY shall not contribute
to it.
D. Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect COUNTY.
E. The insurance policies may provide coverage which 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.
F. COUNTY reserves the right to request and to receive, within 10 working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. COUNTY shall not be obligated, however, to review such policies
and/or endorsements or to advise CONTRACTOR of any deficiencies in such
policies and endorsements, and such receipt shall not relieve CONTRACTOR
from, or be deemed a waiver of COUNTY’S right to insist on strict fulfillment of
CONTRACTOR’S obligations under this Contract.
G. The insurance policies required by this Contract, except Workers’ Compensation,
shall name COUNTY, its agents, representatives, officers, directors, officials and
employees as Additional Insureds.
H. The policies required hereunder, except Workers’ Compensation, 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.
I. Commercial General Liability.
(1) CONTRACTOR shall maintain Commercial General Liability Insurance
(CGL) and, if necessary, Commercial Umbrella Insurance with a limit of
not less than $2,000,000 for each occurrence with a $2,000,000
10

SECTION II SPECIAL PROVISIONS
Products/Completed Operations Aggregate and a $4,000,000 General
Aggregate Limit. The policy shall include coverage for bodily injury, broad
form property damage, personal injury, products and completed
operations and blanket contractual coverage including, but not limited to,
the liability assumed under the indemnification provisions of this Contract
which coverage will be at least as broad as Insurance Service Office, Inc.
Policy Form CG 00 01 10 93 or any replacements thereof. There shall be
no endorsement or modification of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
(2) The policy shall contain a severability of interest provision, and shall not
contain a sunset provision or commutation clause, or any provision which
would serve to limit third party action over claims.
(3) The CGL and the commercial umbrella coverage, if any, additional
insured endorsement shall be at least as broad as the Insurance Service
Office, Inc.’s Additional Insured, Form CG 20 10 10 01, and shall include
coverage for CONTRACTOR’S operations and products.
J. Automobile Liability. CONTRACTOR shall maintain Automobile Liability
Insurance and, if necessary, Commercial Umbrella Insurance with a combined
single limit for bodily injury and property damage of no less than $2,000,000,
each occurrence, with respect to CONTRACTOR’S vehicles (including owned,
hired, non-owned), assigned to or used in the performance of this Contract. If
hazardous substances, materials, or wastes are to be transported, MCS 90
endorsement shall be included and $5,000,000 per accident limits for bodily
injury and property damage shall apply.
K. Workers’ Compensation. CONTRACTOR shall carry 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, as well as 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.
L. CONTRACTOR waives all rights against COUNTY 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
commercial umbrella liability insurance obtained by CONTRACTOR pursuant to
this agreement.
M. In case any work is subcontracted, CONTRACTOR will require the Subcontractor
to provide Workers’ Compensation and Employer’s Liability insurance to at least
the same extent as required of CONTRACTOR.
N. Errors and Omissions/Professional Liability Insurance Errors and
Omissions/Professional Liability insurance and, if necessary, Commercial
Umbrella insurance, which will insure and provide coverage for errors or
omissions of the CONTRACTOR, with limits of no less than $1,000,000 for each
claim.
11

SECTION II SPECIAL PROVISIONS
O. CERTIFICATES OF INSURANCE
(1) Prior to commencing work or services under this Contract,
CONTRACTOR shall furnish COUNTY with Certificates of Insurance in a
form acceptable to COUNTY, or formal endorsements as required by the
Contract, as evidence that policies providing the required coverages,
conditions and limits required by this Contract are in full force and effect.
Such certificates shall identify this contract number and title.
(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.
(3) If a policy does expire during the life of the Contract, a renewal certificate
must be sent to COUNTY fifteen (15) days prior to the expiration date.
5. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that pursuant to A.R.S. § 38-511, the County may cancel this Contract
without penalty or further obligation within three years after execution of this Contract, if
any person significantly involved in initiating, negotiating, securing, drafting, or creating
this Contract on behalf of the County is at any time while this Contract or any extension
of this Contract is in effect, an employee or agent of any other Party to this Contract in
any capacity or consultant to any other Party of this Contract with respect to the subject
matter of this 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 this Contract on behalf of the County
from any other Party to this Contract arising as the result of this Contract.
This Contract may be cancelled pursuant to A.R.S. § 38-511.
6. LAWS, RULES, AND REGULATIONS
The Contractor and the County understand and agree that this Contract is subject to all
applicable State and Federal laws, rules, and regulations.
A. Neither this Contract, nor any portion thereof, may be assigned to another person
by the Department without the written consent of the Contractor’s designated
representative. Any attempt by the Department to assign any portion of this
Contract without the written consent of the Contractor shall constitute a breach of
this Contract.
B. No assignment shall alter the Department’s responsibility to the Contractor to
assure that all of the provisions under this Contract are carried out by its
assignee. All terms and conditions in this Contract shall be included in the
Department’s assignments.
12

SECTION III WORK STATEMENT
A. Scope of Work
This agreement will establish a program operated by TAPI to coordinate billing
for public health clinics so that counties and Maricopa County Department of
Public Health can be compensated for services to health plan members. TAPI
will ensure that the health plans have claims data records for their clients.
Maricopa County Department of Public Health will receive payment for
appropriately billed services (administration fee and/or vaccines) for services
provided to privately insured clients as well as clients listed to be on the
Arizona State Medicaid Program Arizona health Care Cost Containment System
(AHCCCS).
B. Contractor Will
1. Coordinate contracts for public health services billing with each
commercial health plan.
2. Coordinate process for reimbursement for commercial health plan
patients.
3. Communicate with Arizona Department of Health Services (ADHS),
Vaccine for Children(VFC), and Arizona State Immunization Information
System (ASIIS) to ensure necessary financial collaboration.
4. TAPI agrees to use safe guards to ensure data is Health Insurance
Portability and Accountability Act (HIPAA) compliant and patient data
protected.
5. TAPI will make available support equipment recommendations based
on industry standards.
6. TAPI will offer education services on claims processed for Maricopa
County Department of Public Health Immunization Clinics when requested.
7. TAPI will offer general immunization education and updates to
Maricopa County Department of Public Health staff as needed and
requested.
8. TAPI will conduct six (6) yearly open forum meetings updating key
public and private stakeholders about the public health billing process.
9. For the billing process TAPI will:
i. Process Claims on behalf of Maricopa County Department of Public
Health
ii. Communicate information for each individual health plan
iii. Receive payment for submitted claims
iv. Reimburse Maricopa County Department of Public Health for a
portion of the claims payments received
13

SECTION III WORK STATEMENT
10. TAPI will pursue developing a billing system for other Maricopa County Public
Health services in addition to billing for immunizations.
C. Maricopa County Department of Public Health Will:
1. Use a standard billing encounter form which conforms to regulatory billing
requirements.
2. All immunization billing and demographic records of the health plan
members will be sent to TAPI for processing using electronic submission of
claims to health plans for payment, unless paper HCFA 1500s are required
by the payer.
3. Train staff to verify insurance at the clinics using online real time insurance
eligibility tool provided by TAPI. This will assist the Clinics to provide private
vs. VFC vaccine at the point of service.
4. Provide TAPI the cost per dose of all vaccines to be billed, to ensure accuracy
for the payment calculation.
14

SECTION IV COMPENSATION
1. COMPENSATION
BILLING
A. TAPI will receive 40% of the claims paid for administrative fees; as well as
40% of claims paid for vaccine reimbursement above Maricopa County
Department of Public Health's cost of vaccines. Over time the payment
methodology will be revised, once sufficient volumes of private vaccine billing
are available to enable an accurate vaccine revenue and expense projection
to ensure that both TAPI and Maricopa County Department of Public Health's
costs are covered. All changes in percentage will be done through an
amendment to this contract in writing and signed by both parties.
EDUCATION / OUTREACH
B. TAPI will submit invoices no more than 20 days after the scheduled
education/outreach took place. Each invoice must include (or documentation
attached) a log of the type of education/outreach provided, how many individuals
obtained the education/outreach, and an itemized list of expenditures being billed
for.
2. METHOD OF PAYMENT
A. TAPI will pay MCDPH on the 15th day of each month.
3. NOTICE
Any notice given under this Agreement shall be sent to the attention of the following:
CONTRACTOR: Maricopa County Dept. Public Health:
The Arizona Partnership for Grants/Contracts Unit
Immunization Attn: Grants Administrator
Attn: Jennifer Tinney 4041 N. Central Avenue, Suite 1400
700 E Jefferson Street, Suite 100 Phoenix, Arizona 85012
Phoenix, Arizona 85034 (602) 372-0675
(602) 288-7567
15