220222 INDEPENDENT LABORATORY SUBSTANCE CONTRACT 2-16-22 (002).PDF
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CONTRACT INDEPENDENT LABORATORY SUBSTANCE USE MONITORING & DRUG TESTING SERVICES 220222-CI This contract is entered into this 23rd day of February 2022 between the Maricopa County, acting through the Maricopa County Attorney’s Office (MCAO), and AVERHEALTH (“Contractor or Contracting Laboratory”), for INDEPENDENT LABORATORY SUBSTANCE USE MONITORING AND DRUG TESTING SERVICES. 1.0 CONTRACT TERM 1.1 This contract is for a term of one year and ten months, beginning on the 23rd day of February 2022 and ending the 31st day of December 2024. 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 one additional year. The County shall notify the Contractor in writing of its intent to extend the contract term at least thirty calendar days prior to the expiration of the original contract term, or any additional term thereafter. 1.3 CONTRACT TERMINATION Upon termination of this contract for any reason, the Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County or MCAO. This may include but is not limited to preparation of a transition plan and cooperation with the County or MCAO or other providers in the transition and completion of services initiated but not completed prior to the date of termination. 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 or MCAO 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 FEE ADJUSTMENTS 2.1 Any request for a reasonable fee adjustment must be submitted not less than 60 calendar days prior to the current contract term expiration date or the end the County’s Fiscal Year, June 30th. Any adjustment is applicable based on approval from the County. Requests for adjustment must be supported by appropriate documentation. If the County agrees to the adjusted fee, the County shall issue written approval of the change which will be effective upon renewal or new contract. Requests submitted after the 60- calendar day deadline will not be considered. 3.0 PAYMENTS 3.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit “A” 3.2 Payment shall be made upon the County’s receipt of a properly completed invoice. SERIAL# 220222-CI 3.3 INVOICES 3.3.1 The Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Invoice number and date • Payment terms • Date of service • Quantity (number of days or weeks or sessions) • Contract Item number(s) • Description of Purchase (services) • Extended price • Total Amount Due 3.3.2 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 3.3.3 Payment shall only 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 the Vendor Registration Form accessible from the County Department of Finance Vendor Registration Web Site https://www.maricopa.gov/5169/Vendor- Information. 3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 3.3.5 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. 4.0 APPLICABLE TAXES 4.1 Payment of Taxes: The Contracting Laboratory shall pay all applicable taxes. 4.2 Tax Indemnification: Contracting Laboratory and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contracting Laboratory. Contracting Laboratory shall require all subcontractors to hold MCAO and 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. 5.0 AVAILABILITY OF FUNDS 5.1 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. 5.2 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 SERIAL# 220222-CI 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 10 days in advance. 6.0 DUTIES The Contractor shall perform all duties stated in Exhibit “B”, Scope of Work, or as otherwise directed in writing by MCAO. 7.0 TERMS and CONDITIONS 7.1 INDEMNIFICATION 7.1.1 INDEMNIFICATION. Each party to this contract shall hold harmless, and indemnify the other party and its directors, officers, agents, subcontractors, employees and volunteers against any and all losses, liabilities, damages, injuries, claims, suits, demands and legal proceedings including any direct, indirect or consequential loss, liability, damage, or expense, but not including attorneys’ fees, unless awarded by a court of competent jurisdiction, arising out of or in connection with the intentional, willful, wanton, reckless or negligent conduct arising from or to the extent alleged to be in connection with the Services to any Indemnified Party and any third party. However, neither Party shall be indemnified hereunder for any loss, liability, damage, or expense resulting from its sole negligence or willful misconduct. Any claim involving contributory negligence shall be handled so that each party is responsible and liable for its share of the damages and defense cost associated therewith, in proportion to its share of negligence. 7.1.2 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 section. 7.1.3 The scope of this indemnification does not extend to the sole negligence of Maricopa County. 7.2 INSURANCE 7.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing a current AM Best, Inc. category 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 the County. The form of any insurance policies and forms must be acceptable to the County. 7.2.2 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 the County, constitute a material breach of this contract. 7.2.3 In the event that the insurance required is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. SERIAL# 220222-CI 7.2.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 7.2.5 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. 7.2.6 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 the 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. 7.2.7 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. 7.2.8 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. 7.2.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 7.2.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 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. 7.2.9.2 Sexual molestation and physical abuse When services involve working with these groups of individuals, the insurance requirements in the contract need to be revised to include coverage for "sexual molestation and physical abuse". Coverage for this type of claim, or allegation, is excluded from standard general liability policies. Therefore, contractors whose services include working with and/or caring for children/elderly and disabled persons should have their policies specifically endorsed to include this coverage. 7.2.9.3 Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability coverage. SERIAL# 220222-CI a. The policy shall be endorsed to include coverage for physical/sexual abuse and molestation/criminal sexual misconduct, with limits of no less than $5,000,000 for each claim (see 7.2.9.1) b. The policy shall be endorsed to include the following additional insured language: "Maricopa County, 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 Contracting Laboratory". 7.2.9.4 Professional Liability Professional Liability insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for Professional Liability of the Contractor, with limits of no less than $1,000,000 for each claim, and $3,000,000 aggregate claims. 7.2.10 Certificates of Insurance 7.2.10.1 Prior to contract award, Contractor shall furnish 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. 7.2.10.2 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. 7.2.10.3 If a policy does expire during the life of the contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 7.2.10.4 Certificates of Insurance shall identify Maricopa County as the additional insured/certificate holder as follows: Maricopa County c/o Risk Management 301 W Jefferson St, Suite 910 Phoenix, AZ 85003 7.2.11 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 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two 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 Office of Procurement Services and shall be mailed, or hand delivered to 160 S. 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement officer noted in solicitation. SERIAL# 220222-CI 7.3 INCIDENT REPORTING REQUIREMENT The Contractor shall ensure incidents involving clients are reported according to this Section. 7.3.1 Definitions 7.3.1.1 “Incident” means an unusual or significant event involving client(s) and/or staff, which requires notification to the designated authorities. 7.3.1.2 “Incident Report” means a report that is verbal or written communication to the MCAO as described below. 7.3.2 Notification 7.3.2.1 The Contractor shall report incidents to the MCAO by telephone at 602- 372-7300 by 5:00 pm on the next business day after the incident occurs or after becoming aware of the incident. The Contractor shall also submit a written incident report as described in Section 7.3.5 below. 7.3.2.2 The Contractor shall report incidents to law enforcement as required by law and according to the Contractor’s policies and procedures. 7.3.3 Health, Safety, and Welfare Incidents: The Contractor shall immediately report all incidents impacting the health, safety, and welfare of clients served under this contract to the MCAO. The Contractor shall notify MCAO of any death or significant physical injury occurring at any facility. Health, safety, and welfare incidents include the following when they occur while a client was in a contract service and the event occurred on Contracting Laboratory premises: a. Physical assault that requires medical treatment beyond first aid; b. Any medical treatment beyond first aid; c. Emergency room or urgent care visits; d. Request for emergency mental health stabilization provided by first responders and/or crisis intervention teams; e. Use of seclusion and/or restraint; f. Actions which pose an immediate and serious threat directed toward self, others, and/or individuals in the Contracting Laboratory’s care and/or Contracting Laboratory’s staff; g. Acts of inappropriate discipline or sexual behavior (consensual or not) between staff and clients; h. Any event that causes media interest in the Contracting Laboratory’s organization. 7.3.4 Significant Incidents: The Contractor shall report the following significant incidents involving clients served under this contract: a. Death of a client that occurs while client was in a contract service; b. Weapons possession while in a contract service; c. Acts by clients or staff where the Contracting Laboratory involves law enforcement; d. Traffic accidents involving clients transported by the Contracting Laboratory or its personnel, non-employees or transport Contracting Laboratory. 7.3.5 Incident Report Form: The Contractor shall use the MCAO approved Incident Report form to complete and submit incident reports. The Contractor must submit a written report to the MCAO via email to mcaodiv@mcao.maricopa.gov not later than three calendar days after the incident occurs or after becoming aware of the SERIAL# 220222-CI incident. All reports must be legible and be signed by the staff who prepared the report as well as by the staff who approved the report. The Contractor shall maintain a file of written incident reports that are available for review under this contract. 7.3.6 Response to Incident Reports: All incident reports will be maintained by MCAO’s Diversion Strategies Group as directed by the Director. Upon notification of an incident the Director or his or her designee will do the following: 7.3.6.1 Review the information to determine if the incident requires further investigation; 7.3.6.2 As necessary, direct the Contractor to initiate an internal review and/or request additional information and/or require specific action; 7.3.6.3 Refer the matter to any relevant authorities if necessary. 7.4 INSPECTION AND EVALUATION OF SERVICES/FACILITIES 7.4.1 The Contractor shall provide and maintain an inspection system that continuously ensures the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to MCAO during contract performance and for as long afterwards as the contract requires. 7.4.2 MCAO has the right to inspect all services and facilities called for by the contract, to the extent practicable at all times and places during the term of the contract. MCAO shall perform inspections in a manner that will not unduly delay the work. 7.4.3 If any of the services or facilities do not conform to contract requirements, MCAO may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the County or MCAO. When the defects in services cannot be corrected by re-performance, the County or MCAO may: 7.4.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements. 7.4.4 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, the County may terminate the contract for default. 7.4.5 MCAO may design and implement a system of program evaluation to use to determine the Contractor’s performance as contemplated by this contract. Such evaluations may, in MCAO’s sole discretion, be shared with the Contractor. 7.5 NO MINIMUM OR MAXIMUM OBLIGATION This contract does not guarantee any minimum or maximum number of referrals of offenders to be made by MCAO to Contractor. 7.6 BACKGROUND CHECK Contractor needs to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts, as well as Maricopa County general government) to determine if the Contractor’s employees or sub-contractors (including employees of such sub-contractors) are acceptable to do business with the County or MCAO with respect to providing the services contemplated by this contract. Contractor shall not allow any person who has not satisfactorily passed all required background checks to provide the services contemplated by this contract. Failure to meet these requirements may lead to termination of the contract. SERIAL# 220222-CI 7.7 SUSPENSION OF WORK The County 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 County determines appropriate for the convenience of the County. 7.8 STOP WORK ORDER 7.8.1 The County 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. The order shall be specifically identified as a stop work order issued under this clause. After a stop-work is delivered to the Contractor, the County shall either— 7.8.1.1 cancel the stop-work order; or 7.8.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience, clause of this contract. 7.9 TERMINATION FOR CONVENIENCE Maricopa County or Contractor may terminate the resultant contract for convenience without further obligation by providing 90 calendar days’ notice to the Contractor or the County and MCAO. 7.10 TERMINATION FOR DEFAULT 7.10.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 7.10.1.1 perform the services required in accordance with the terms of this contract; 7.10.1.2 perform the services required within the time frame specified in this contract or any approved extension; 7.10.1.3 perform any of the other provisions of this contract; 7.10.1.4 if the Contractor should be adjudged bankrupt or should make a general assignment for the benefits of its creditors, or if a receiver should be appointed because of its insolvency. 7.10.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure. 7.10.3 Upon termination under this paragraph, all reports prepared by the Contractor under this contract shall become the property of and be delivered to the County on demand. 7.10.4 The County may, upon termination of this contract, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this contract. The Contractor shall be liable to the County for any excess costs incurred by the County in procuring materials or services in substitution for those due from the Contractor. Any claim for excess costs incurred arising out of this paragraph shall be itemized with descriptive detail and submitted to Contractor for review and acceptance. In any event no claim shall exceed $10,000. SERIAL# 220222-CI 7.10.5 The Contractor shall continue to perform, in accordance with the requirements of the contract, up to the date of termination, or as directed in the termination notice. 7.11 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, negotiation, 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. 7.12 CONTRACTOR LICENSE REQUIREMENT The Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing. 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. 7.13 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. 7.14 SUBCONTRACTING 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. 7.15 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 7.16 ADDITIONS/DELETIONS OF REQUIREMENTS The County reserves the right to add and/or delete 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 services are required from a contract, prices for such additions will be negotiated between the Contractor and the County. SERIAL# 220222-CI 7.17 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. 7.18 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. 7.19 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. 7.20 RIGHTS IN DATA 7.20.1 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. 7.20.2 Data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. 7.21 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 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. (Arizona Executive Order 2009-09 can be downloaded from the Arizona Memory Project at http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.) 7.22 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor 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 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. 7.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 7.23.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, its current officers, and directors: 7.23.1.1 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; SERIAL# 220222-CI 7.23.1.2 have not within 3-year period preceding this contract: 7.23.1.2.1 been 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; or 7.23.1.2.2 been convicted of violation of any Federal or State antitrust statutes 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; 7.23.1.3 are 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; 7.23.1.4 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 7.23.1.5 have not within a three-year period preceding this contract any public transaction (Federal, State or local) terminated for cause of default. 7.23.2 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. 7.23.3 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors or sub-subcontractors) and in all solicitations for lower tier covered transactions related to this contract. 7.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 7.24.1 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 years, whichever is longer. I-9 forms are available for download at www.uscis.gov. 7.24.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this contract to verify compliance with paragraph 7.24.1 of this section. Contractor and subcontractor shall be given reasonable notice of 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 SERIAL# 220222-CI 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. 7.25 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 7.25.1 The parties agree that this contract and employees working on this contract will be subject to the Contractor employee whistleblower protections established by Title 41 U.S.C. § 4712 and Section 3.908 of the Federal Acquisition Regulation. 7.25.2 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. 7.25.3 Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts over the simplified acquisition threshold ($250,000 as of fiscal year 2018). 7.26 INFLUENCE 7.26.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code , any effort to influence an employee or agent to breach the Maricopa County or MCAO Ethical Code of Conduct or any ethical conduct may be grounds for disbarment or suspension. 7.26.2 An attempt to influence includes, but is not limited to: 7.26.2.1 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 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. 7.26.3 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. 7.27 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 7.27.1 In accordance with Section MC1-373 of the Maricopa County Procurement Code, Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract for six years after final payment or until after the resolution of any audit questions which could be more than six 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 except those materials containing materials protected under privacy laws. 7.27.2 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. SERIAL# 220222-CI 7.28 CONFIDENTIAL INFORMATION 7.28.1 Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County, MCAO or to the person or persons who are the recipients of the services being provided by the Contractor. This provision establishes the contractor’s obligation regarding such information. 7.28.2 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, MCAO 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 or MCAO 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 15 calendar days of the written request to do so. 7.28.3 Any requests to the Contractor for County or MCAO proprietary or confidential information shall be referred to the County or the MCAO custodian of records for review and approval, prior to any dissemination. 7.29 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the County at the Maricopa County Office of Procurement Services according to retention polices. 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. 7.30 FEES Contractor warrants that fees extended to the County under this contract are no higher than those paid by any other client for these services. Fees charged shall be reasonable and are established at the beginning of the contract period. Any request for an increase in fee shall be subject to approval by the County. 7.31 AUDIT DISALLOWANCES If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, the County shall notify the Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. SERIAL# 220222-CI 7.32 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, expressed, or implied. 7.33 RELATIONSHIPS 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. 7.34 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. 7.35 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, sitting in Phoenix, Arizona. 7.36 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this contract, scope of work, request for proposal and Contractor’s license agreement, if applicable, the terms of this contract shall prevail. 7.37 DISPUTES Any matter which cannot be resolved by the parties will be submitted for review to the Maricopa County Attorney or designee. The decision of the Maricopa County Attorney or designee is the final determination of the matter. The parties retain the right to pursue any judicial remedies available under Arizona law. 7.38 INCORPORATION OF DOCUMENTS The following are to be attached to and made part of this Contract: 7.38.1 Exhibit A, Vendor Information and Program Fees; 7.38.2 Exhibit B, Scope of Work; NOTICES: All notices given pursuant to the terms of this contract shall be addressed to MCAO with a copy going to Office of Procurement Services: For MCAO: Maricopa County Attorney’s Office Administration Division Grant and Contract Administrator 225 W Madison St, 6th Floor Phoenix, Arizona 85003 SERIAL# 220222-CI For Office of Procurement Services: Maricopa County Office of Procurement Services 160 S. 4th Avenue Phoenix, Arizona 85003-1647 For Contractor: Avertest, LLC dba Averhealth 2916 W Marshall Street, Suite A Richmond, VA 23230 SERIAL# 220222-CI IN WITNESS WHEREOF, this Contract is executed on the date set forth above. CONTRACTING LABORATORY ________________________________________________ AUTHORIZED SIGNATURE ________________________________________________ PRINTED NAME AND TITLE ________________________________________________ ADDRESS ________________________________________________ DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE Jason Herzog, Chief Executive Officer 2916 W Marshall St, Ste A, Richmond VA 23230 2/18/2022 2/18/2022 SERIAL# 220222-CI EXHIBIT A VENDOR INFORMATION AND PROGRAM FEES SERIAL 220222-CI NIGP CODE: RESPONDENT'S NAME: Avertest LLC dba Averhealth. COUNTY VENDOR NUMBER: VS0000003453 ADDRESS: 2916 W. Marshall St Ste A Richmond, VA 23230 P.O. ADDRESS: TELEPHONE NUMBER: 840-977-0443 FACSIMILE NUMBER: WEB SITE: CONTACT (REPRESENTATIVE): Courtney Clements REPRESENTATIVE'S E-MAIL ADDRESS: cclements@averhealth.com PAYMENT TERMS: Net 30 1.0 PRICING: Fee/Rate Per Class Service Price per Unit of Service Standard Panel comprised of any of five (5) of the following drugs plus ETG or other Specialty Drug: Amphetamines (amphetamines, ecstasy, methamphetamines), barbiturates, benzodiazepines, cannabinoids (THC), cocaine, ecstasy, methadone, methamphetamine, opiates (morphine, heroin, hydrocodone, hydromorphone, oxycodone, oxymorphone) PCP, and propoxyphene $13.90 / 6 panel* *The above pricing is based on Averhealth’s contract with Maricopa County and is subject to change as such *The above pricing does not allow for a sliding scale fee structure and will change should MCAO decide to implement a sliding scale fee structure. *The above pricing applies to the initial year of service. Each subsequent year of service will see a price increase of 3%.. Standard Drug Add-on List: Amphetamines (amphetamines, ecstasy, methamphetamines), barbiturates, benzodiazepines, cannabinoids (THC), cocaine, ecstasy, methadone, methamphetamine, opiates (morphine, heroin, hydrocodone, hydromorphone, oxycodone, oxymorphone) PCP, and propoxyphene $0.50 / test Specialty Drug Add-on List: Buprenorphine, Carisoprodol, ETG, Fentanyl, Gabapentin, Heroin, Ketamine, LSD, Meperidine, Tramadol, or Zolpidem $2.50 / test Synthetic Cannabinoids Urine Analysis $25.00 / test Synthetic Stimulants Urine Analysis (Bath Salts) $35.00 / test Standard Oral Fluid Panel (Benz, Coc, Meth, Opiates, & THC) $19.50 / panel Oral Fluid Add-ons (buprenorphine, methadone, oxycodone, and tramadol $1.00 / panel BAC Only $3.00 / test Hair Test $145.00 / panel Transdermal $75.00 / panel SERIAL# 220222-CI Standard Confirmation Test $15.00 / test Expert Witness Testimony$ $750.00 / 2-day session Litigation Packet $150.00 / packet Case Management System Included, no charge Random Selection Included, no charge Client Notification Included, no charge Video Testimony Included, no charge Training & Consultation Sessions Included, no charge Participation in Agency Staffing Sessions Included, no charge SERIAL# 220222-CI EXHIBIT B SCOPE OF WORK 1.0 COUNTY ATTORNEY AUTHORITY AND REFERRALS: PURPOSE: 1.1 Pursuant to A.R.S. §§ 11-361 et seq., the Maricopa County Attorney (“County Attorney”) has the authority, as an alternative to prosecution, to divert or defer, before a guilty plea or a trial, the prosecution of an eligible person who is accused of committing a crime. Per this authority, the County Attorney has established a Felony Diversion Program. This Scope of Work (SOW) is for the Contracting Laboratory to administer substance use monitoring and drug testing services for the Felony Diversion Program for adult offenders referred to the Maricopa County Attorney’s Office (MCAO) for eligible felony offenses. 1.2 The County Attorney is solely responsible for determining which offenders are eligible for the MCAO Felony Diversion Program, which will be administered by a separate Contractor. 1.3 All contacts between the Contracting Laboratory, offenders, and MCAO staff shall be conducted with professionalism, fairness, respect, and dignity to the offender. The offender shall not be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, diagnosis, or source of payment, or ability to pay. 1.4 The Contractor of the MCAO Felony Diversion Program shall conduct a comprehensive, validated assessment of the referred offender and recommend and institute a treatment plan, along with the requirements for substance use monitoring and drug testing. The Contractor for the MCAO Felony Diversion Program will refer the offender to the Contracting Laboratory for drug testing, along with prescribed drug testing panels and frequency parameters while in the MCAO Felony Diversion Program. Drug testing compliance and results will be a consideration of the offender’s overall successful or unsuccessful completion of the program. 1.5 The only MCAO authorized methods of drug testing and substance use monitoring shall be urinalysis and direct observation; however, the Contractor of the MCAO Felony Diversion Program may seek approval from the Director of the MCAO Diversion Strategies Group for other authorized methods due to the offender’s exigent circumstances on a case by case basis. If other authorized methods for case specific offenders are approved by MCAO, the Contractor of the MCAO Felony Diversion Program shall notify the Contracting Laboratory via their Information Management System (IMS). 2.0 PROGRAM REQUIREMENTS: The Contracting Laboratory shall: 2.1 Furnish all labor, materials, and equipment necessary to perform the work required. 2.2 Have capabilities to monitor or test by a variety of methods including but not limited to: urinalysis, hair, oral swab, or other methods that are accredited by the College of American Pathologists for Forensic Drug Testing (CAP-FDT). 2.3 Have the capability of conducting both initial and confirmatory testing including Liquid Chromatography/Mass Spectrometry (LC/MS) for urine specimens. 2.4 Work with MCAO and the Contractor for the MCAO Felony Diversion Program for the establishment of “standard” drug testing panels based on the Contracting Laboratory, evidence-based recommendations, and the requirements of the MCAO. The Contracting Laboratory shall provide the ability for MCAO and/or the Contractor of the MCAO Felony Diversion Program to modify the combination of substances within a panel for all drug testing instances (single test or otherwise) based on prices detailed in Exhibit A. 2.5 Be capable of testing for the following substances, including but not limited to: SERIAL# 220222-CI 2.5.1 Amphetamine/methamphetamine, Barbiturates, Benzodiazepines, Buprenorphine, Carisoprodol (Soma), Cocaine, EtG, Heroin, MDMA (Ecstasy), Methadone, Opiates, Oxycodone, Phencyclidine (PCP), Propoxyphene, THC, LSD, Fentanyl, Ketamine, Spice, Tramadol, and Bath Salts; 2.5.2 Synthetic, designer and emerging drugs of abuse as tests become available. 2.6 Utilize instrumented laboratory testing methodologies, including heterogeneous and homogenous immunoassay, enzyme-linked immunosorbent (ELISA), and liquid chromatography tandem mass spectrometry (LC-MS/MS). Confirmation testing shall be conducted via LC-MS/MS. 2.7 Send electronic test results for initial screens of standard substances as defined by the Contracting Laboratory to the Contractor for the MCAO Felony Diversion Program within 24 business hours of receipt of collection. Instrument processing time for some specialized panels (synthetic cannabinoids, “street fentanyl”, etc.) require five (5) days. Hair and sweat patch specimens require one (1) to three (3) additional days to analyze. 2.8 Meet the following Collection Site Requirements: 2.8.1 Contracting Laboratory shall have collection sites at key geographic locations throughout Maricopa County that will adequately serve and be convenient to participating MCAO Felony Diversion Program offenders. The geographic map containing the approved locations currently utilized by the Maricopa County Adult Probation Department shall suffice for MCAO. The ideal locations shall be close to bus lines and meet all requirements pertaining to the Americans with Disabilities Act; 2.8.2 Contracting Laboratory shall provide prompt service to MCAO offenders. No offender shall wait longer than 30 minutes before receiving drug testing services; 2.8.3 Secure their premises at all times; 2.8.4 Contracting Laboratory hours of operation shall include traditional business hours and weeknights, with consideration for weekends and holiday availability. Conduct specimen collection in accordance with an established and published schedule. Any changes in the hours of operation must be approved in advance by MCAO; and 2.8.5 Contracting Laboratory Staff (including same gender) to offender ratio shall safely and effectively meet the needs of offenders. Service delivery shall be culturally relevant and linguistically appropriate to the population served. 2.9 Drug Testing Procedure Requirements - Chain of Custody Requirements: 2.9.1 Adhere to chain of custody procedures to maintain control and accountability of specimens from receipt through completion of testing, reporting of results, during storage and continuing until final disposition of specimen(s); 2.9.2 Contracting Laboratory shall use an electronic Information Management System (IMS) that shall generate a legally defensible electronic chain of custody that fully integrates donor demographic data (name, gender age, case manager, etc.) and tracks the specimen during all phases of the testing process. 2.9.3 Chain of custody will be electronic and accessible to the MCAO via the Contracting Laboratory’s IMS. 2.9.4 Upon request from MCAO, the Contracting Laboratory shall provide a packet of discovery information including a notarized statement of testing, test description and General Laboratory Procedures, summary of events, copy of results, chain of custody SERIAL# 220222-CI forms and any confirmatory results obtained on the sample. The discovery packet shall be received by MCAO within seven (7) days of request. 2.9.5 Require the offender to review the information on the label which shall include: 2.9.5.1 Offender’s name; 2.9.5.2 Date the specimen was collected; and 2.9.5.3 Offender’s initials indicating the information is accurate. 2.9.6 Require the offender to initial and affix the label to the specimen container. 2.9.7 Require the laboratory’s employee of the same gender as the offender to visually observe the collection of the urine specimen and ensure the offender keeps the specimen container in view at all times prior to its being sealed and labeled. 2.10 Drug Testing Procedure Requirements - Collection of Urine Specimen Procedures Requirements: 2.10.1 The collection area shall contain a private urination room, sink, and writing surface; 2.10.2 Preparations shall be made to ensure the offender cannot dilute the specimen; 2.10.3 Materials shall be readily available (sealed specimen containers, labels, and chain of custody forms); 2.10.4 A process for accurately identifying the offender shall be in place; 2.10.5 The chain of custody form shall be filled out neatly and accurately; 2.10.6 Steps shall be taken to prepare the offender in order to obtain an acceptable forensic urine specimen (e.g., instructed to wash his/her hands, remove jackets, coats, gloves or hats that can conceal contraband); 2.10.7 Clear instructions provided to collect at least 30 ml of urine; 2.10.8 Procedures for sealing and labeling the specimen shall be included in the instructions; 2.10.9 Instructions for documentation shall be provided (for example, a refusal by the offender to sign the label); 2.10.10 Specimen shall be kept in a secure location at all times while in the laboratory's control; 2.10.11 Contracting Laboratory’s employees who work in this capacity shall receive training, upon initial hiring and annually, that outlines the standard procedures for the collection of urine samples; 2.10.12 The Contractor of the MCAO Felony Diversion Program shall be notified within 24 business hours utilizing an approved Incident Form which shall be completed in its entirety of any offender falsifying or tainting their specimen or utilizing any device in order to provide a false specimen. This shall include any specimen provided by the offender that does not meet the accepted temperature requirement of a valid specimen; 2.10.13 Identify testing methodology and cutoff levels used for each specimen testing positive; 2.10.14 Require one sample per test. Urine samples or portions of urine samples shall not be combined for any purpose; SERIAL# 220222-CI 2.10.15 Secure refrigerators and freezers used for specimen storage with a lock, in addition to the room lock, when the laboratory is not in use; 2.10.16 Require all urine tests to be an instrumented immunoassay thereby meeting the requirements of the Food and Drug Administration (FDA) or CAP-FDT for commercial distribution of those drugs that can be detected by an immunoassay technique; 2.10.17 Retest the positive urine drug sample by GC/MS or LC/MS only upon written approval of a supervisor with the Contractor of MCAO Felony Diversion Program; and 2.10.18 Following discovery of any suspect or inconsistent confirmation, the Contracting Laboratory shall be required to retest the specimen and conduct a check for operator error. 2.11 Laboratory Requirements: 2.11.1 Obtain and maintain accreditation in good standing by CAP-FDT, Clinical Laboratory Improvement Amendment (CLIA) and Drug Enforcement Agency (DEA); 2.11.2 Notify the MCAO on loss of accreditation for non-compliance within 72 hours of receipt. The Contracting Laboratory shall have 30 days from notification of the MCAO to regain their accreditation. Failure to do so may result in termination of this contract. 2.11.3 Require all urine specimens be tested at cutoff levels that meet or exceed the levels of sensitivity established by CAP-FDT; 2.11.4 Comply with applicable provisions of any state licensure requirements; 2.11.5 Comply with state and federal legislation and case law regarding privacy of drug testing results and release of such information; 2.11.6 Maintain all positive test specimens for a minimum of one year from date of collection; 2.11.7 Negative test specimens may be discarded immediately upon identifying the negative results from the test; 2.11.8 Provide the MCAO and the Contractor of the MCAO Felony Diversion Program with drug testing data as requested and any explanation of test results and laboratory policy and procedure; 2.11.9 As required, provide court testimony relevant to any issue involved with the testing and or collection of a specimen; 2.11.10 Participate in performance testing at least three (3) times per year conducted by the College of American Pathologists, American Association of Bio-Analysts or any other performance testing agency approved by the MCAO. The proficiency testing program(s) shall be approved for both initial and confirmatory urine drug testing. Results of performance testing shall be made available to MCAO upon request; 2.11.10.1 Failure to meet a passing or acceptable level of performance on a test shall be cause for suspension of screening until remedial action is taken, and another performance test has been completed in which a passing or acceptable level of performance and no false positive confirmations are achieved. 2.11.10.2 MCAO shall be notified within 24 hours of any failed performance test. SERIAL# 220222-CI 2.11.11 Following discovery of any false positive test result(s), the Contracting Laboratory shall immediately: 2.11.11.1 Suspend the screening until appropriate remedial action is taken and another performance test has been completed in which no false positive confirmations are achieved; 2.11.11.2 Document all action taken in response to the false positive result; and 2.11.11.3 Retest any positive test results obtained in a reasonable time prior to and after the false positive. 2.12 Attend workshops or training at the contractor’s expense sponsored by the MCAO if required by the County Attorney. Provide training at no additional cost to MCAO personnel as requested by the Director of the MCAO Diversion Strategies Group. Training may incorporate information regarding the testing of urine specimens, chain of custody, threshold limits of positive specimens, confirmatory testing and methods of specimen falsification, use of the Contracting Laboratory’s website, current drug trends in Maricopa County, and emerging drug testing strategies. The Contracting Laboratory may be requested to conduct tours of their facility for MCAO authorized employees, agents, or assigns (“MCAO Authorized Persons”) or the Contractor for the MCAO Felony Diversion Program. 2.13 Designate and update as needed, one (1) point of contact at the staff level for purposes of communication regarding MCAO Diversion cases. 2.14 All Contracting Laboratory forms (to include informational flyers, brochures, working documents, etc.) used and given to offenders for any MCAO Diversion Program shall be submitted to the County Attorney or her duly MCAO Authorized Persons in advance and approved by the County Attorney prior to implementation. The Contracting Laboratory shall not in any manner represent the County Attorney, MCAO Felony Diversion Program, or MCAO. 2.15 Provide the Contractor for the MCAO Felony Diversion Program or the County Attorney or her duly MCAO Authorized Persons any drug testing data as requested. 2.16 Have written procedures for collection of urine specimens available to contractor’s employees working in this capacity. 2.17 Have an automated records management system with redundant systems capable of fully integrating data. Technical staffing and capacities to manage and store historical records with a scope of up to 50,000 offender records. 2.18 Establish reasonable Contracting Laboratory fees. Accept multiple forms of payment such as: cash, debit cards, and credit cards as payment for services and/or the ability to bill private insurance or the Arizona Health Care Cost Containment System (AHCCCS) to cover treatment or education costs. 2.19 Establishment of Fee Structure and Notifications: 2.19.1 The Contracting Laboratory shall establish a fee structure for substance use testing services as described in Exhibit A. The Contracting Laboratory shall provide a copy of this fee structure to the County Attorney via the MCAO Diversion Strategies Group. The fee structure must be approved by the County Attorney prior to implementation. The Contracting Laboratory shall provide their fee structure as required in 2.19.1 to the Contractor of the MCAO Felony Diversion Program. The Contractor of the MCAO Felony Diversion Program shall notify the offender of his or her monetary responsibility for drug testing prior to the commencement of services. SERIAL# 220222-CI 2.19.2 The Contracting Laboratory may be required in the future to establish a Sliding Scale based upon Federal Poverty Guidelines (FPLs). When required, the Contracting Laboratory shall provide a copy of this Sliding Scale to the County Attorney via the MCAO Diversion Strategies Group. The Sliding Scale must be approved by County Attorney prior to implementation and provided to the Contractor of the MCAO Felony Diversion Program as required in 2.19.1. 2.19.3 Should the Contracting Laboratory institute a Sliding Scale in the future, the Contracting Laboratory shall maintain records of discounts and fee waivers. These records shall be available on request by the MCAO Diversion Strategies Group Director and will be reviewed during contract monitoring activities. Records shall include: 2.19.3.1 Total number of offenders receiving a discount or fee waiver for drug testing; 2.19.3.2 Total number of offenders receiving a discount or fee waiver within each tier of their Sliding Scale; 2.19.3.3 At the case file level: documentation on whether a discount or waiver of fees was accepted or refused; 2.19.3.4 At the case file level: the actual amount of discount or waiver of fees the offender was eligible for; and 2.19.3.5 At the case file level: the effective date of the discount or waiver of fees the offender was eligible for. 2.20 Contracting Laboratory Drug Testing Fees and Ability to Drug Test: 2.20.1 The Contracting Laboratory may collect the agreed upon fee prior to administering the drug test. Failure to pay the required amount shall result in the offender being unable to submit to drug testing. If the offender fails to pay the required fee for the drug test, the Contracting Laboratory may determine not to administer the test and, in such event, by the end of the same business day, the Contractor shall communicate the offender’s non-payment and the offender’s stated reason for non-payment, if any, to the Contractor of the MCAO Felony Diversion Program. 2.20.2 The Contracting Laboratory may allow offenders to prepay for drug testing. 2.21 Should public monies become available to the MCAO for diversion drug testing, these funds may, at the discretion of the County Attorney, be used in whole or part to offset discounts and waivers provided by the Contracting Laboratory to the offender for drug testing services based upon their approved fee structure and/or Sliding Scale. The Contracting Laboratory shall invoice MCAO on a monthly basis for the preceding month for reimbursement. The invoice shall include: specific diversion program, offender’s name, date of service, type of service, quantity of service(s), billed amount, and offender payment. The use of public monies is subject to applicable legal requirements, applicable approval processes/requirements, fiscal agent conditions and requirements, expiration date, and available balance. Contractor reimbursement is contingent on the availability of funds. 2.22 Retain adequate accounting and case reconciliation records for review by the County Attorney and/or MCAO Authorized Persons. 2.23 Upon email notification from the Contractor of the Felony Diversion Program that a defendant resides outside of Maricopa County, Arizona, the Contracting Laboratory shall verify if there is a collection site currently operating within thirty (30) miles from their home or business address and communicate operating information to the Contractor of the Felony Diversion Program within three (3) business days. If such collection site exists, the Contracting Laboratory shall assist the Contractor of the Felony Diversion Program to set up drug testing services. SERIAL# 220222-CI 2.24 Direct Service Standards: 2.24.1 Inform the offender of drug testing rules, which includes but is not limited to confidentiality, offender rights, and expected behavior; obtain their written consent for Release of Information. Document in the offender’s case file; 2.24.2 Inform the offender of drug testing requirements so the offender understands expected performance and criteria for successful completion. Document in the offender’s case file; 2.24.3 Report drug testing laboratory results to the Contractor of the MCAO Felony Diversion Program within the applicable timeframe as outlined in Section 2.7; and 2.24.4 Report all incidents to the Contractor of the MCAO Felony Diversion Program related to offender specimen manipulation at Contracting Laboratory. Examples include: specimen adulteration, offender’s use of a device while submitting the specimen, failure to comply with monitoring staff directives, or offender’s substitute of urine sample. Document in the offender’s case file. 3.0 CONTRACTOR QUALIFICATION REQUIREMENTS: 3.1 The Contracting Laboratory shall hold and maintain during the performance of this contract, a current, applicable Clinical Laboratory Improvement Amendment (CLIA) certification, a College of American Pathologists for Forensic Drug Testing (CAP-FDT) accreditation, and Drug Enforcement Administration (DEA) certification that are in good standing, for each facility from which services shall be provided. 3.2 If allowed by Medicaid/AHCCCS, the Contracting Laboratory shall be an AHCCCS provider and contract with at least one (1) Complete Care Plan serving the Central Region Geographical Service Area. However, it is the preference of MCAO that the Contracting Laboratory contract with all Complete Care Plans serving the Central Region Geographical Service area. 3.3 The Contracting Laboratory shall provide drug testing and monitoring services centered on evidence-based practices as recommended by the National Association of Drug Court Professionals (NADCP) and American Society of Addiction Medicine (ASAM). 3.4 Further, the Contractor shall protect information and records protected by federal confidentiality rules (e.g., 42 CFR Part 2 and HIPAA Rules at 45 CFR Parts 160, 162, and 164) and state confidentiality rules (e.g., A.R.S. §§ 12-2291 et seq.), and ensure that Contractor and its employees and subcontractors comply with said rules and employ all administrative and physical safeguards as may be required by law to protect confidential information. The Contractor shall be responsible for ensuring the execution of any business associate agreements, qualified service organization agreements, and nondisclosure/confidentiality agreements that may be required under federal and state confidentiality rules. 4.0 CONTRACTOR REPORTING REQUIREMENTS: 4.1 Contracting Laboratory shall have the capability to transmit updates regarding offender enrollment via one or more of the following: 1) Manual email to: mcaodiv@mcao.maricopa.gov 2) Manual entry into the MCAO Diversion portal, 3) Automatically via Extensible Markup Language (XML), or 4) Automatically or manually via a delimited file. Contractor transmitting information using Options 3 or 4 must do so using a schema/format to be provided by MCAO. 4.2 Contracting Laboratory shall provide secure access to MCAO to obtain program metrics and offender case records, for access at any time and indefinite storage for duration of this contract. 4.3 The Contracting Laboratory will provide additional data and information to the County Attorney and MCAO Authorized Persons, as requested. SERIAL# 220222-CI 5.0 CONTRACTOR PERFORMANCE REQUIREMENTS: 5.1 All contacts between the Contracting Laboratory, offenders, and MCAO staff shall be conducted with professionalism, fairness, respect, and dignity to the offender. The offender shall not be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, diagnosis, or source of payment, or ability to pay. 5.2 The MCAO Grants and Contract Administrator shall act as Contract Administrator. 5.3 Successful performance shall be determined by Contracting Laboratory compliance with the terms of the contract. 5.4 Contracting Laboratory non-performance may result in a possible suspension or termination of the contract.