220154-CONTRACT-BANNER HEALTH FOUNDATION.PDF
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SERIAL 220154-RFP
MARICOPA COUNTY WORKFORCE EMPLOYER SERVICES INITIATIVE
Contract - Banner Health Foundation
DATE OF LAST REVISION: January 12, 2022
CONTRACT END DATE: July 31, 2023
CONTRACT PERIOD THROUGH JULY 31, 2023
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for MARICOPA COUNTY WORKFORCE EMPLOYER SERVICES
INITIATIVE (ESI)
Attached to this letter is published an effective purchasing contract for products and/or services to be
supplied to Maricopa County activities as awarded by Maricopa County on January 05, 2022
(Eff. 02/01/2022).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained
from the vendor holding the contract. Individuals are responsible to the vendor for purchases made
outside of contracts. The contract period is indicated above.
JM/mm
Attach
Copy to:
Office of Procurement Services
Virginia Sturgill, Human Services
CONTRACT MARICOPA COUNTY WORKFORCE EMPLOYER
SERVICES INITIATIVE (ESI) 220154-RFP
This contract is entered into this 1st day of February, 2022 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Banner Health Foundation, an Arizona corporation
(“Contractor”) to provide evidence-based and/or best practice workforce programs to employers or groups
of employers (e.g. industry) that will result in sustained improvements in employee retention
1.0
CONTRACT TERM
1.1
This contract is for a term of six months and (1) year, beginning on 1st day of February,
2022 and ending the 31st day of July, 2023, with one year renewal term.
2.0
CONTRACT COMPLETION
In preparation for contract completion, the Contractor shall make all reasonable efforts for an
orderly transition of its duties and responsibilities to another provider and/or to the County. This
may include, but is not limited to, preparation of a transition plan and cooperation with the County
or other providers in the transition. The transition includes the transfer of all records and other data
in the possession, custody, or control of the Contractor that are required to be provided to the
County either by the terms of this agreement or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this agreement.
3.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to
contract expiration. Requests for adjustment in cost of labor and/or materials must be supported
by appropriate documentation. The reasonableness of the request will be determined by comparing
the request with the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County shall issue written approval of the change and provide an updated
version of the contract. The new change shall not be in effect until the date stipulated on the
updated version of the contract.
4.0
PAYMENTS
4.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit A-1 – Pricing Sheet.
4.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
4.3
INVOICES
4.3.1
The County will issue payment to the subrecipient on a cost-reimbursement basis
for the funding provided per participant, which shall require records of expenditures
and the participants to which they were tied to and the County shall reimburse the
Subrecipient on a net “0” payments standard. An invoice shall be submitted no less
than every thirty days unless there were no payments made within that thirty-day
period. Services are funded by CFDA 21.027.
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4.3.2
The subrecipient shall separately list administrative costs.
4.3.3
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
•
Unique invoice number and date
•
Payment terms
•
Date or date range of service delivery
•
Description of purchase (product or services)
•
Total amount due
4.3.4
Problems regarding billing or invoicing shall be directed to the Human Services
department hsdfinance@maricopa.gov as listed on the purchase order.
4.3.5
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.
4.3.6
EFT payments to the routing and account numbers designated by the Contractor
shall 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.
4.4
APPLICABLE TAXES
4.4.1
It is the responsibility of the Contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
4.4.2
The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide Contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
of a project due to tax consideration that was not due, the Contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
4.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
Contractor. Contractor shall, and require all subcontractors to, hold Maricopa
County harmless from any responsibility for taxes, damages, and interest, if
applicable, contributions required under Federal and/or State and local laws and
regulations, and any other costs including: transaction privilege taxes,
unemployment
compensation
insurance,
Social
Security,
and
workers’
compensation. Contractor may be required to establish, to the satisfaction of
County, that any and all fees and taxes due to the City or the State of Arizona for
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any license or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
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
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
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful
respondent under this solicitation, a member of SAVE may access a contract resulting from a
solicitation issued by the County. If contractor does not want to grant such access to a member of
SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will
assume that contractor does wish to grant access to any contract that may result from this bid. The
County assumes no responsibility for any purchases by using entities.
7.0
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements allow those
entities, with the approval of the Contractor, to purchase their requirements under the terms and
conditions of the County contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its applicable procurement
rules, processes, and procedures. Certain governmental agencies may not require an ICPA and
may utilize this contract if it meets their individual requirements. Other governmental agencies may
enter into a separate Statement of Work with the Contractor to meet their own requirements. The
County is not a party to any uses of this contract by other governmental entities.
8.0
DUTIES
8.1
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise
directed in writing by the procurement officer.
9.0
TERMS AND CONDITIONS
9.1
INDEMNIFICATION
9.1.1
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, 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
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from, the negligent acts, errors, omissions, or mistakes relating to the performance
of this contract.
9.1.2
Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, 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, anyone 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.
9.1.3
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.
9.1.4
The scope of this indemnification does not extend to the sole negligence of County.
10.3
INSURANCE
10.3.1 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 an 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
County. The form of any insurance policies and forms must be acceptable to
County.
10.3.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
10.3.3 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.
10.3.4 Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
10.3.5 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.
10.3.6 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 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.
10.3.7 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.
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10.3.8 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.
10.3.9 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.
10.3.9.1 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 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.
10.3.9.2 Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$1,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in
performance of the Contractor’s work or services or use or maintenance
of the premises under this contract.
10.3.9.3 Workers’ Compensation
10.3.9.3.1 Workers’ compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
Contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
10.3.9.3.2 Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the workers’
compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by Contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
10.3.9.4 Professional Liability Insurance
Contractor shall maintain Professional Liability insurance which will
provide coverage for any and all acts arising out of the work or services
performed by the contractor under the terms of this contract, with a limit
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of not less than $1,000,000 for each claim, and $2,000,000 aggregate
claims.
10.3.10 Certificates of Insurance
10.3.10.1 Prior to contract award, Contractor shall furnish the County with valid
and complete Certificates of Insurance, or formal endorsements as
required by the contract in the form provided by the County, issued by
Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this contract are in full force
and effect. Such certificates shall identify this contract number and title.
10.3.10.2 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.
10.3.10.3 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.
10.3.10.4 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
10.3.11 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 the solicitation.
10.4
FORCE MAJEURE
10.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes include, but are not limited to,
acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other
natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government
sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or
failure of electricity or telecommunication service, and pandemic.
10.4.2 Each party, as applicable, shall give the other party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
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10.4.3 The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
10.5
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
10.6
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
10.7
PURCHASE ORDERS
10.7.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the Contractor for actual and documentable costs incurred by the
Contractor in response to the purchase order. The County will not reimburse the
Contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
10.7.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
10.8
BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees, and the failure to pass
these checks shall deem the respondent non-responsible.
10.9
SUSPENSION OF WORK
The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the Contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
10.10
STOP WORK ORDER
10.10.1 The procurement officer may, at any time, by written order to the Contractor,
require the Contractor to stop all, or any part, of the work called for by this contract
for a period of 90 calendar days after the order is delivered to the Contractor, and
for any further period to which the parties may agree. The order shall be specifically
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identified as a stop work order issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
10.10.1.1 cancel the stop work order; or
10.10.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
10.10.1.3 The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the Contractor demonstrates that the
stop work order resulted in an increase in costs to the Contractor
10.11
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
10.12
TERMINATION FOR DEFAULT
10.12.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
10.12.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
10.12.1.2 make progress, so as to endanger performance of this contract; or
10.12.1.3 perform any of the other provisions of this contract.
10.12.2 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.
10.13
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Contractor fails to perform, and any price differential will be charged against the Contractor.
10.14
EMPLOYEE MANAGEMENT
10.14.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
10.14.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
10.14.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
10.14.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
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10.14.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
10.14.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
10.15
INSPECTION OF SERVICES
10.15.1 The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as the
contract requires.
10.15.2 County has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract.
County shall perform inspections and tests in a manner that will not unduly delay
the work.
10.15.3 If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
10.15.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
10.15.3.2 reduce the contract price to reflect the reduced value of the services
performed.
10.15.4 If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
10.15.4.1 by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; or
10.15.4.2 terminate the contract for default.
10.16
USAGE REPORT
The Contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
10.17
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract
without penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the County is at any time, while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract in any capacity
or consultant to any other party of the contract with respect to the subject matter of the
contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
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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.
10.18
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.
10.19
SUBCONTRACTING
10.19.1 The Contractor may not assign to another Contractor or subcontract to another
party for performance of the terms and conditions hereof without the written
consent of the County. All correspondence authorizing subcontracting must
reference the bid serial number and identify the job or project.
10.19.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s
rate, as bid in the pricing section, unless the prime Contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
Contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s
invoice.
10.20
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.
10.21
ADDITIONS/DELETIONS OF REQUIREMENTS
The County reserves the right to add and/or delete materials and services to a contract. If
a service requirement is deleted, payment to the Contractor will be reduced proportionately,
to the amount of service reduced in accordance with the bid price. If additional materials
or services are required from a contract, prices for such additions will be negotiated
between the Contractor and the County.
10.22
RIGHTS IN DATA
10.22.1 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.
10.22.2 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.
10.23
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
10.23.1 In accordance with Section MC1-374 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
The County, Federal or State auditors and any other persons duly authorized by
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the department shall have full access to and the right to examine, copy, and make
use of, any and all said materials.
10.23.2 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.
10.24
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the Contractor equal to the
amount of the disallowance, or to require reimbursement forthwith of the disallowed amount
by the Contractor by issuing a check payable to Maricopa County.
10.25
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.
10.26
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.
10.27
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.
10.28
RELATIONSHIPS
10.28.1 In the performance of the services described herein, the Contractor shall act solely
as an independent Contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the Contractor.
10.28.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
10.29
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.)
SERIAL 220154-RFP
10.30
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.
10.31
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
10.31.1 The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current
officers, and directors:
10.31.1.1 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;
10.31.1.2 have not within a three-year period preceding this contract:
10.31.1.2.1 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
10.31.1.2.2 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;
10.31.1.3 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;
10.31.1.4 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
10.31.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
10.31.2 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.
10.31.3 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. If
this clause is applicable to a subcontractor or sub-subcontractor, the Contractor
shall include the information required by this clause with their bid.
SERIAL 220154-RFP
10.32
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
10.32.1 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.
10.32.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 10.32.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the contract and may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of the
contract for default, and suspension and/or debarment of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
10.33
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
10.33.1 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.
10.33.2 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.
10.33.3 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).
10.34
CONTRACTOR LICENSE REQUIREMENT
10.34.1 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 remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and 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.
SERIAL 220154-RFP
10.35
INFLUENCE
10.35.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
10.35.2 An attempt to influence includes, but is not limited to:
10.35.2.1 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.
10.35.3 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.
10.36
CONFIDENTIAL INFORMATION
10.36.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the Contractor’s obligation regarding such information.
10.36.2 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 or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The Contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the Contractor shall institute any new and/or
additional measures requested by the County within 15 business days of the
written request to do so.
10.36.3 Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
10.37
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. 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.
SERIAL 220154-RFP
10.38
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.
10.39
REPORTING
10.39.1 Subrecipient shall track and record performance measure data for all services
performed under the contract.
10.39.2 Providers will be responsible for providing quarterly and annual performance and
financial reports and backup documents to the assistant director. The assistant
director may ask for additional supporting documentation as necessary. Quarterly
reports are due by the 15th day of the month following the end of the quarter.
(Quarters run on fiscal year basis July 1- June 30):
10.39.2.1
Quarter 1 — July 1 through September 30
10.39.2.2
Quarter 2 — October 1 through December 30
10.39.2.3
Quarter 3 — January 1 through March 30
10.39.2.4
Quarter 4 — April 1 through June 30
10.39.3 Quarterly reports will include:
10.39.3.1
A list of names and contact information of persons receiving or who
have received the Subrecipient’s services who are eligible for WIOA
services Subrecipients must understand WIOA program eligibility
requirements as defined by the Arizona DES WIOA Policy and
Procedure Manual (I-B Policy and Procedure Manual | Arizona
Department of Economic Security (az.gov Title v)) and are expected
to contact the assistant director in a timely manner regarding
questions of eligibility.
10.39.3.2
Performance information/measures on services provided for the prior
three months and must include:
10.39.3.2.1
An executive summary of activities performed.
10.39.3.2.2
Detailed performance data as required for each service
type
10.39.3.2.3
For services provided to underemployed persons, the
subrecipient
shall
provide
average
percentage
increases in wage/salary (estimated or actual) for all
persons served.
10.39.3.2.4
Summary demographic information on participants
served which includes gender, race, ethnicity, and age.
10.39.3.3
Detailed financial reports showing expenditures for each program and
a cost per participant.
10.39.4 Annual reports are due by the 15th of January each year. Annual reports shall
include:
SERIAL 220154-RFP
10.39.4.1
Summary performance measure information on all applicable
performance measures services provided for the prior four quarters;
10.39.4.2
Summary, financial information on services provided including amount
spent by service provided;
10.39.4.3
Projected expenditures and performance levels;
10.39.4.4
An executive summary of all work conducted during the year, barriers
to providing service, plans to address those barriers, and any other
information the County should be aware of;
10.39.5 Providers will be held accountable for ensuring successful outcomes/goals for the
services they provide
10.39.6 All records must be maintained in an accurate and organized manner and kept in
a secure location.
10.40
RECORD KEEPING
10.40.1 Records to be maintained by the subrecipient shall include:
10.40.1.1
Documentation of the services provided to the participants.
10.40.1.2
Financial records for services provided.
10.40.1.3
Notations of communications pertinent to the participant’s required
services
10.41
PROGRAM MONITORING AND EVALUATION
10.41.1 County staff will monitor the provider’s compliance with, and performance under,
the terms and conditions of the agreement and service referrals.
10.41.2 The provider shall make available for inspection and/or copying by the
department's monitors, all records and accounts relating to the work performed or
the services provided under the agreement.
10.41.3 Providers shall be monitored for fiscal, program delivery and contract compliance
annually or more often as needed.
10.41.4 Monitoring shall occur during provider’s normal business hours, announced or
unannounced.
10.41.5 Provider(s) found to be deficient in any area shall receive written notification of
findings and required corrective actions. Providers shall provide a written response
outlining corrective actions and steps to ensure findings are corrected and resolved
to preclude future issues.
10.41.6 Providers shall be responsible for monitoring worksites for those participants that
are engaged in WEX activities.
10.42
CONFIDENTIALITY OF CLIENT INFORMATION
10.42.1 The provider, its personnel, volunteers, interns and subcontractors unless
otherwise exempt, shall adhere to all federal, state and local laws regarding
confidentiality including, but not limited to the Health Insurance Portability and
Accountability Act (HIPAA) Pub. L. No. 1-4-191 (1996) and regulations
promulgated there under.
SERIAL 220154-RFP
10.42.2 Personally Identifiable Information (PII) is any data that could potentially identify a
specific individual. Providers shall ensure information containing participants’ PII
is only transmitted securely via electronic method or hard copy.
10.42.3 Prohibition: Providers, personnel, subcontractors, volunteers and interns shall not
divulge or release participant information to anyone aside from the County without
a court order.
10.42.4 Subpoenas: If the providers receives a subpoena requesting records relating to
the contract, the providers, shall immediately notify the assistant director, and
supply a copy of the subpoena before complying with the subpoena,
10.43
INCIDENT REPORTING REQUIREMENTS
10.43.1 The providers shall ensure mandatory reporting to Law Enforcement is conducted
pursuant to A.R.S. § 13-3620 and shall report incidents identified as required by
law, licensing regulations and agency policy (as applicable).
10.43.2 Providers shall ensure incidents involving participants served under the agreement
are reported to program staff.
10.43.3 Providers to notify:
10.43.3.1 The providers shall report to the assistant director, incidents involving
participants any incidents impacting the health, safety and welfare of
participants. Providers shall complete incident reports and shall exclude
identifying information if report is provided to agencies or individuals not
funded under the County contract.
10.43.3.2 Law Enforcement: The providers shall report incidents to law
enforcement as required by law and according to the provider’s policies
and procedures.
10.43.3.2.1
Incident report form: All incident 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 completed
report must be sent to the assistant director. The provider
shall maintain a file of written incident reports that are
available for review by County staff:
10.43.3.2.2
The County response to incident reports or complaints:
The assistant director shall take the following steps upon
Vendor notification of an incident in this Paragraph:
10.43.3.2.3
Review the written information to determine if the incident
requires investigation. The assistant director may direct
the providers to initiate an internal review and/or request
additional information and/or require specific action;
10.43.3.2.4
If the provider’s actions are such as to warrant the
concern, the assistant director shall investigate further or
forward the information to the appropriate authorities;
10.43.3.2.5
If the assistant director is not satisfied with the provider’s
response to an incident, the assistant director may take
any appropriate action.
SERIAL 220154-RFP
10.44
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.
10.45
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
10.46
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and Contractor’s license
agreement, if applicable, the terms of this contract shall prevail.
10.47
INCORPORATION OF DOCUMENTS
The following are to be attached to and made part of this Contract:
Exhibit A – Vendor Information
Exhibit A-1 Fee Schedule
Exhibit B – Scope of Work
10.48
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
CJ Williams, Assistant Director
Human Services Department Workforce Development Division OR
Maricopa County
Office of Procurement Services
160 S. 4th Avenue
Phoenix, Arizona 85003-1647
For Contractor:
10.49
INQUIRIES
Administrative telephone/email inquiries shall be addressed to:
IRMA GUZMAN, PROCUREMENT OFFICER
TELEPHONE: (602) 506-8715
Irma.guzman@maricopa.gov
Inquiries may be submitted by telephone but must be followed up in writing. No oral
communication is binding on Maricopa County.
SERIAL 220154-RFP
IN WITNESS WHEREOF, this contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
Loren Bouchard, Chief Development Officer, Corporate & Foundation Relations
PRINTED NAME AND TITLE
2901 N Central Ave, Ste 160, Phoenix, AZ 85012
ADDRESS
1/6/2022
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
SERIAL 220154-RFP
EXHIBIT A - VENDOR INFORMATION
COMPANY NAME:
Banner Health Foundation
DOING BUSINESS AS (dba):
Banner Health Foundation
MAILING ADDRESS:
2901 N. Central Avenue, Suite 160, Phoenix, AZ 85012
REMIT TO ADDRESS:
2901 N. Central Avenue, Suite 160, Phoenix, AZ 85012
TELEPHONE NUMBER:
602-747-7439
FAX NUMBER:
602-747-3378
WWW ADDRESS:
www.bannerhealthfoundation.org
REPRESENTATIVE NAME:
Loren Bouchard
REPRESENTATIVE TELEPHONE NUMBER:
602-747-7439
REPRESENTATIVE EMAIL ADDRESS
loren.bouchard@bannerhealth.com
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 30 DAYS
94-2545356
07-175-3982
FEDERAL TAX ID #
DUNS #
SERIAL 220154-RFP
EXHIBIT A-1 - FEE SCHEDULE
ATTAHCEMENT D
PRICING SHEET / ITEMIZED SERVICE BUDGET
CONTRACT SERVICE:
Banner Health Career Pathways Program
CONTRACT PERIOD: 2/1/2022 - 7/31/2023
NAME: Banner Health Foundation
A.
PERSONNEL
TOTAL
Number of
FTE
Total Salary for the
% Allocated Service
SERVICE
COUNTY
Positions
Level
Position Title
Contract Period
MCHSD Percentage
COST
COST
1
1.0 FTE
Career Services Advisor
150,000.00
$
100%
150,000.00
$
150,000.00
$
1
1.0 FTE
Learning Coordinator
120,000.00
$
100%
120,000.00
$
120,000.00
$
1
1.0 FTE
Learning Coordinator
120,000.00
$
100%
120,000.00
$
120,000.00
$
1
1.0 FTE
Marea Bryson, Associate Director, Workforce Transformation
150,000.00
$
0%
45,000.00
$
-
$
1
1.0 FTE
Breanna Stevens, Career Pathways Program Manager
112,500.00
$
0%
112,500.00
$
-
$
1
1.0 FTE
Kimberly Hall, Career Services Advisor
112,500.00
$
0%
11,250.00
$
-
$
1
1.0 FTE
Amy Clousner, Career Services Advisor
112,500.00
$
0%
11,250.00
$
-
$
1
1.0 FTE
Aubrea VanderMolen, Learning Coordinator
90,000.00
$
0%
9,000.00
$
-
$
8
TOTAL:
579,000.00
$
390,000.00
$
B.
FRINGE BENEFITS
TOTAL
COUNTY
ITEM
BASIS
COST
COST
19% Fringe for positions in lines 13-15
100%
74,100.00
$
74,100.00
$
19% Fringe for positions in lines 16-20
0%
35,910.00
$
-
$
110,010.00
$
74,100.00
$
C.
INDIRECT / ADMINISTRATIVE COSTS
TOTAL
COUNTY
ITEM
BASIS
COST
COST
TOTAL:
-
$
-
$
D.
TRAVEL
TOTAL
COUNTY
ITEM
BASIS
COST
COST
TOTAL:
-
$
-
$
E.
EQUIPMENT
TOTAL
COUNTY
ITEM
BASIS
COST
COST
TOTAL:
-
$
-
$
F.
SUPPLIES
TOTAL
COUNTY
ITEM
BASIS
COST
COST
Misc Office Supplies
TOTAL:
-
$
-
$
G.
CONTRACTUAL
TOTAL
COUNTY
ITEM
TITLE
BASIS
COST
COST
TRAINING SERVICES
INCUMBENT WORKER TRAINING
$750 per employee x 263
50%
197,250.00
$
98,625.00
$
TRAINING SERVICES
NAVIGATION SERVICES
$600 per employee x 263
50%
184,100.00
$
92,050.00
$
TRAINING SERVICES
WORK EXPERIENCE
$500 per employee x 525 (mentees and
mentors)
50%
328,125.00
$
164,062.50
$
SUPPORT SERVICES
SUPPORT SERVICES
Individualized economic assistance for project
participants - assumes 80% served need
assistance. Estimated $2,000 per employee x
210
100%
420,000.00
$
420,000.00
$
TOTAL:
1,129,475.00
$
774,737.50
$
H.
OPERATING EXPENSES
TOTAL
COUNTY
ITEM
BASIS
COST
COST
TOTAL:
-
$
-
$
I.
PROFIT
PROFIT COST:
TOTAL SERVICE COST:
1,818,485.00
$
1,238,837.50
$
SERIAL 220154-RFP
EXHIBIT B - SCOPE OF WORK
Amount Requested:
$1,545,300
ORGANIZATIONAL OVERVIEW: Banner Health's mission is to make health care easier, so life can be
better. Headquartered in Phoenix, Arizona, Banner Health is one of the largest nonprofit health care ystems
in the country and the largest employer in the State of Arizona with over 42,000 employees, 38,307 of which
work in Maricopa County. The Banner Health Foundation was established in 2001 to secure and steward
philanthropic contributions to support patient care programs and services operated by Banner Health’s
many hospitals and healthcare facilities. Our talented and passionate teams care deeply about addressing
healthcare issues that are unique to the communities we serve. With operations in six states, Banner Health
includes 30 acute-care hospitals, the Banner Health Network, Banner Medical Group and Banner–
University Medicine. Our services include long-term care centers, outpatient surgery centers, family clinics,
home care and hospice, pharmacies and a nursing registry. Banner Health also has an academic affiliation
with the University of Arizona College of Medicine.
PROGRAM OVERVIEW: Through Banner Health Career Pathways for Essential Frontline Healthcare
Workers, Banner Health has successfully created career pathways that medical assistants can explore to
transition into higher-paying positions within the company. We now want to expand these pathways to start
at lower-wage, entry-level jobs so that we can help our environmental services (janitorial), culinary, and
patient transport staff members envision, map out and achieve sustainable careers in healthcare. Realizing
that many of our staff members will need help along their path, Banner Health’s Workforce Transformation
team members will meet individually with interested staff members, educate them on higher-level and wage
positions available at Banner Health and what education is required for these jobs; discuss each individual’s
current skill sets, the skills they will need for new positions, and barriers they will need to be overcome; help
map out a plan to overcome the barriers, and provide financial supports as able (i.e. pay for certification
program, transportation). Once a Banner employee has chosen a pathway to pursue through this career
counseling, Career Pathways is a self-directed program, which will include job shadowing/mentorship if the
individual so chooses. Should they need additional support as they pursue their pathway, they can circle
back to their counselor on the Workforce Transformation team for help. Every employee that is introduced
to Career Pathways will learn that Banner Health provides this program as an option to higher-paying and/or
long-term careers in the in-demand field of healthcare, and they have the opportunity to participate in the
program.
ASK OVERVIEW: With this proposal, we respectfully request $1,545,300 in funding to support our
programming that falls within the following Employer Services Initiative (ESI) priority elements:
Element 1: Incumbent Worker Training (ref 2.4.1)
•
Career Counseling
•
Career Pathways Program
Element 2: Work Experience (WEX) (ref 2.4.2)
•
Job Shadowing / Mentorship
Supplemental Element: Support Services (ref 2.4.5)
•
Language assistance such as English as a second language instruction.
•
Childcare support.
•
Transportation assistance (e.g. bus passes, gas cards, Uber/Lyft gift cards).
•
IT and/or internet assistance.
SERIAL 220154-RFP
•
Educational financial support such as for credentialing/certification coursework, testing fees, books,
and other necessary supplies.
Over the course of the Jan. 1, 2022 – Dec. 31, 2023 grant period, we anticipate that, of approximately 2,300
eligible Banner Health employees in Maricopa County, 50% (or 1,150) would express interest in career
counseling after Career Pathways marketing outreach. Of those that get the career counseling, 30% (350
low-wage adults) will elect to enroll in the Career Pathways program and receive supplemental support for
their educational goals.
PROGRAM NEED OVERVIEW: The Brookings Institute reported in Feb. 2021 that the Phoenix
metropolitan area had a 52% share of families who are not currently making a living wage (only four other
metro areas had a higher percent). This may be explained in part by a 2019 report by The Arizona Republic
that found that Arizona lags other states in post-secondary training and education. Without post-secondary
training and education, it is difficult for people to obtain sustainable careers.
Healthcare jobs remain in high demand and there is a shortage of healthcare workers in Arizona. While
many jobs that were once the staple of middle-class families are now overseas or replaced with technology,
jobs in the medical profession continue to grow in demand as the Baby Boomer generation ages (and the
COVID-19 pandemic continues to attack our population). The U.S. Bureau of Labor Statistics projects that
employment in healthcare occupations will grow 16% from 2020 to 2030, adding 2.6 million new jobs. In
fact, it projects that healthcare occupations will add more new jobs than any of the other occupational
groups.
The shortages in front-line, essential healthcare workers needed to keep a hospital operating has been a
growing problem for years, but it has been exacerbated by the COVID-19 pandemic. Banner Health alone
has a current vacancy rate of 7.2%with approximately 2,300 open positions in Maricopa County. These
positions range from janitorial support to nursing and everything in between. Recognizing this need, Banner
Health created the Career Pathways program to simultaneously build a pipeline for its growing number of
jobs while supporting the aspirations of our current workforce.
Put simply, we realize that there are Arizonans who want to achieve sustainable careers but who are not
on their own able to envision and/or create a pathway for obtaining one. Therefore, we are taking the
proactive approach of inspiring our workers to see the possibilities of healthcare careers that they previously
thought were out of reach and then putting those careers within reach by supporting their education costs
and helping them overcome other barriers, such as lack of transportation or limited English skills. Often the
entry-level workers with limited education get overlooked by organizations creating talent pipelines, but
Banner Health believes it is critical to include these workers in order help more Arizonans achieve
sustainable careers.
At the center of our Career Pathways program is a dedicated effort to diversify and fortify the workforce. In
partnership with organizations serving communities of color, Banner Health is working to ensure that our
career opportunities are visible and accessible to diverse candidates who bring rich experiences, unique
perspectives, varied backgrounds, and critical foreign-language skills to their roles.
STATEMENT OF ALL PROGRAMS AND SERVICES PROPOSED
Entry-level workers in healthcare, such as those in EVS (janitorial), culinary and patient transport positions,
often do not have the social capital to get introductions to people who can open doors for them or help their
careers, much less access to the financial capital needed to pursue additional education. The Career
Pathways program is designed to provide both the social capital and financial capital needed for low-wage
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workers to advance their careers and their self-sufficiency, which leads to more equitable outcomes for
them.
Banner Health is committed to the growth of our internal and external employee pipelines and envisions
being a place where no aspiration is left behind. Our Career Pathways program, run by Banner’s Workforce
Transformation team, is designed to help address our state’s need to better educate and train its adult
population to create a strong economy and equal opportunity. Simultaneously, we will be addressing the
enormous need for healthcare workers to serve at all levels now and in the future – ensuring that Maricopa
County residents have access to top quality medical care when they need it (approximately 55% of
Maricopa County residents receive treatment from Banner Health medical entities annually).
As the largest employer in the state of Arizona, Banner Health has a robust human resources department,
which includes a dedicated Workforce Transformation “Next Move” Team supports employees on growing
professionally within the healthcare field. The key objective is to help employees meet their aspirations and
prepare them for their next job within the company – presumably one that comes with a larger wage. The
Next Move Team members created and manage the Career Pathways program that we propose to expand
to include entry-level employees seeking new opportunities for sustainable jobs in healthcare. With
Maricopa County Employer Services Initiative grant funding, Banner Health would add three Team
members to handle the additional Maricopa County employees we anticipate serving through the Career
Pathways expansion.
Criteria for participation in the Career Pathways program include being in good standing (a “meets
performance” employee), completing at least six months in their current role prior to signing up for a
pathway, and aspiring to grow in the healthcare field, with a priority being given to diverse adults. There are
approximately 2,300 Banner Health employees eligible for Career Pathways throughout Maricopa County.
The timeline for Career Pathways from start to completion may differ for each employee based on their
current skill level, education level, and aspiration in healthcare. However, this is the general process: We
will market the Career Pathways program to Banner Health employees in Maricopa County. We anticipate
that 50% of those eligible, or 1,150 employees, will express interest and that 30% of that group, 350
employees, will review and select a Pathway opportunity. With high-touch assistance from Banner Health
career advisors, the employee enrolls in Career Pathways, selects a desired career pathway, conducts a
support services assessment, and builds an action plan in consultation with the career advisor. At that point,
with the employee knowing their needs, goals, and how to overcome identified barriers, Career Pathways
becomes self-directed. However, at any time along the way, an employee will have access to clinical
mentors within their chosen career field. Job-shadowing and mentorship opportunities are part of each
pathway. Through mentoring, junior staff have access to professional career-building connections and
development opportunities to grow into progressively responsible roles over time. This high-touch program
component will give this targeted population a higher likelihood of moving up and obtaining better wages,
as well as support them in their new positions by having a colleague to reach out to for continued guidance.
Next Move Team members will assess Career Pathway participants’ needs, document the barriers they
have to obtaining the education needed for their chosen occupation, and determine support services that
Banner Health can provide them to overcome the barriers identified. Supports from the Next Move Team
members throughout the Career Pathways process include, but are not limited to, economic resources to
address barriers to advancement (i.e., educational fees, childcare, transportation, GED and/or ESL classes,
technology), certification and/or education opportunities (i.e., on-demand learning courses), optional
shadowing hours and mentoring, and internet access. We anticipate that each participant will have a unique
set of supports needed and that the average cost of the supplemental supports to fully support one
employee on the pathway will be $4,000.
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With a Maricopa County investment, Banner Health will expand our Career Pathways program to offer the
tools, technology, and staff support to quickly engage and offer a structured career pathway to individuals
who have completed at least six months in their current entry-level/low-wage positions, deemed as “hard
to fill roles” as well as current employees who may want to advance but lack the resources to obtain the
necessary education. The program will support personnel in EVS (janitorial), culinary and patient transport
positions to develop the competencies and skills necessary for jobs that will improve their salaries and
move them into roles such as medical assistants, certified nursing assistance, patient care assistants,
behavioral health technicians, central sterile processing department tech, pharmacy tech, and educational
tech. We will counsel team members on the opportunities available within the healthcare field and the
barriers that stand in their way, and then support them in overcoming those barriers. Perhaps the most
important part of this process is helping them see (and believe in) the possibilities for obtaining a sustainable
career. We will offer these team members need-based tuition assistance and financial support for required
education and certification (including GED, special certifications and licensing, and post-secondary
education), as well as certification testing. The Workforce Transformation team will place a special
emphasis on developing education and skills of employees who have not graduated from high school due
to access, language, homelessness, and other socioeconomic barriers. The outputs include strategic
movement to a new role, which ideally includes a new title and a potential raise in salary.
Other data points that we have gleaned from our internal employee performance review process called
ARC, standing for Aspirations, Results and Challenge to Grow. Prior to the pathway starting, 3% of Medical
Assistants within Banner Health were identified as candidates for a promotion or “next move” in the near
future. In the first year of the pathway program, turnover in the medical assistant workforce decreased from
25.7% to 13.4%. Year-to-date in 2021, we’ve only had a 7% turnover in the field.
Project outcomes identified under relevant Elements in Section 2.4
The overarching outcome of Banner’s Career Pathways Program is to reduce environmental and financial
barriers that individuals in these traditionally low-wage positions face. Our pathway design is
comprehensive to model best practices in other career development strategies with the enhancement of
need-based financial support when needed.
In alignment with the performance measures under Element 1: Incumbent Worker Training, Career
Pathways will provide:
•
Career Counseling (high touch, conversations to select pathways, provide support for the
pathways) is available to any of the approximately 2,300 Banner Health employees in Maricopa
County. After Career Pathways marketing outreach, we anticipate that 50% or 1,150 employees
would express interest in career counseling.
•
Of those that get the career counseling, 30% (350 low-wage adults) will elect to enroll in and receive
Career Pathways program support.
As per the ESI Scope of Work (ref. 2.4.1.9), we will track the number of employees retained because of our
Career Counseling and Career Pathways programs and the percentage of employees that were retained
because of the programs.
In alignment with the performance measures under Element 2: Work Experience (WEX), Career
Pathways will provide:
•
100% of the low-wage adults in the Career Pathways program will be matched with Mentor in the
occupation of their choice that they will Job Shadow (as part of Career Pathways counseling
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services offered), which will connect them to other colleagues who can help move them forward in
their career path.
As per the ESI Scope of Work (ref. 2.4.2.9), we will track the number of participants participating in job
shadowing.
In alignment with the performance measures under Supplemental Element: Support Services, Career
Pathways will provide 350 low-wage adults with Career Pathways support services including, but are not
limited to:
•
Language assistance such as English as a second language instruction.
•
Childcare support.
•
Transportation assistance (e.g. bus passes, gas cards, Uber/Lyft gift cards).
•
IT and/or internet assistance.
•
Educational financial support such as for testing fees, books, and other necessary supplies.
•
Credentialing / Certification / Licensing costs
Please note – estimate for the average cost per employee is $4,000. Also, both medical insurance and
disability accommodations are already a part of employment for our staff members.
As per the ESI Scope of Work (ref. 2.4.5.7), we will track the number of individuals provided support services
through the Career Pathways program by industry (healthcare) who were retained through supportive
services and the percentage of Maricopa County employees that were retained because of supportive
services.
Outcome tracking:
The action plan for each individual employee will be entered into our MyHR Workday system, through which
we will track participants’ progress. Within the system there are lessons and tasks built out that enable us
to track each step in the action plan. Our clinical departments also use the Workday system so any learning
will be on their record throughout their Banner career.
For the metrics listed above, we track the number who “retained a job” (stayed employed at Banner Health)
as well as “obtained a job” (received a promotion within Banner Health). It is our belief that by providing
staff members structured career pathways and career counseling, that staff members will be happier and
want to stay on staff, as well as recommend employment to family and friends.
Ability to meet outcomes identified under relevant Element(s) in Section 2.4
Banner Health has the following resources, people, skills, knowledge and tools to successfully meet the
outcomes listed above:
As the largest employer in the state of Arizona, Banner Health has a robust human resources department,
which includes a dedicated Workforce Transformation “Next Move” Team comprised of 4.0 FTE employees.
The team’s sole job is work with employees to help them develop and meet their career aspirations and
prepare for them for their next job within the company – presumably one that comes with a higher title and
wage. The Next Move Team, which created and runs the Career Pathways program, will be expanding the
pathways to include entry-level employees. We are planning to hire three more members to join the team,
to support the expansion of Career Pathways from Medical Assistants to including all entry-level employees
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at Banner. This staff expansion is also necessary to fully execute the support services that we are adding
to the Career Pathways program as outlined in this request.
The Workforce Transformation Team helps employees access supports to aid them on their journey. These
supports include, but are not limited to, economic resources to address barriers to advancement (i.e.,
educational fees, childcare, transportation, GED and/or ESL classes, technology), certification and/or
education opportunities (i.e., on-demand learning courses), shadowing hours and mentoring, and internet
access.
Banner Health uses the Workday learning management system to train, empower and retain our
employees. Workday provides convenient and accessible learning modules in all-in-one, easy-to-use
system. This system also enables us to track employees’ progress on meeting their educational goals.
Banner Health partners with numerous of academic partners to provide educational and learning
opportunities to our employees. Our academic partners include, but are not limited to, the University of
Arizona, Northern Arizona University, Grand Canyon University, and the Maricopa County Community
Colleges.
A Success Story that illustrates the impact of the Careers Pathway program.
Banner Health has had success in its Medical Assistant Career Pathway program, particularly due to a
tailored, but homegrown approach, built from feedback by a strong focus group. In the past 12 months
under this program, there were multiple Medical Assistants who were looking to leave Banner Health for
other roles in healthcare. By providing additional support to remove current barriers to these employees
and identifying jobs within their scope of skills the signified growth, Banner was able to retain these
employees and help them advance in their careers. One employee, Maria was about to leave healthcare
altogether to become a part-time substitute teacher, a path with no benefits and less pay. When the
Workforce Transformation/Next Move Team approached Maria and shared with her the career opportunities
she had at Banner Health, specifically in the clinical area, she was excited to know her dreams of staying
in healthcare could be realized. We worked with her on a customized growth plan and in so doing, retained
her and kept her in the healthcare field and reassured her that we were there to support her aspirations
and career journey. Since then, she has stayed with Banner and has been promoted to Medical Assistant
II, a job that requires certification and a minimum of three years of experience. In that role, Maria serves as
a trainer and onboarding expert helping new Medical Assistants. She also has a great impact on clinic
operations.
Populations Targeted including those disproportionately impacted by the pandemic (including clear
evidence that population selected as “disproportionately affected” was in fact disproportionately
affected, as described under 2.0 Scope of Work, 2.3:
The Career Pathways program target population are low-income adults in Maricopa County who lack the
post-secondary training or education to obtain sustainable jobs with a living wage.
Banner Health is the largest employer in Arizona with more than 44,000 employees in the state, the majority
of which are located in Maricopa County. We offer a vast array of career opportunities, including many
unlicensed assistive care roles that require only minimal education plus relevant training. Examples of this
entry level roles (with the number of Banner Health staff members, the percent who are under the age 30,
and average pay rate* in parentheses) are:
•
Environmental services/janitorial positions (1,300; 18.2%; $16.92/hour)
•
Culinary positions (600; 25.6%; $17.26/hour)
•
Patient transport positions (400; 58.5%; $15.42/hour)
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(*In addition, Banner Health offers a generous benefits package.)
We realize that we have a unique opportunity to help these entry-level workers with minimal education to
transform their lives by providing them the support needed to train for higher-paying, in-demand sustainable
careers in the medical profession. And that by moving our environmental services (EVS), culinary and
patient transport staff members into more skilled positions, we can continually bring in a new wave of entry
level employees and start the process over again.
We have a particular interest in supporting members of minority populations through our career pathways.
With concerns about health disparities in minority populations gaining much-deserved attention, health care
systems like Banner Health must cultivate a clinical workforce that is representative of the patients in our
care. Demographic representation has been shown to improve healthcare access for underserved
populations, improve the cultural effectiveness of the physician workforce as a whole, and improve medical
research and innovation for all populations according to a 2019 Journal of the American Medical Association
article. Therefore, we are continually working to diversify our staffing at all levels.
Low-income adults in entry-level positions often face many barriers to obtaining sustainable careers: they
are not familiar with the in-demand opportunities, lack confidence that these opportunities are achievable
for them, do not have the funds needed for required training programs, lack transportation and affordable
childcare, and sometimes have difficulty speaking English. The Career Pathways program is designed to
address all of these barriers.
Banner Health operates 14 hospitals and numerous medical centers in Maricopa County, including in
Phoenix, Mesa, Sun City, Gilbert, Peoria, Chandler, Glendale, and Scottsdale. All of these locations employ
entry level and/or minimum wage workers who would be our target population.
Target Roles and Numbers Served
Target Roles
Est # in Maricopa County
Number
served
(all 50%)
Environmental Services
1,300
650
Culinary
600
300
Patient Transport
400
200
Total
2,300
1,150
Out of 2,300 entry-level Banner Health employees throughout Maricopa County eligible for the Career
Pathways program, we anticipate that approximately 50% or 1,150 employees will gain awareness of this
program (Number Served) and meet with Workforce Transformation team members to learn more about
the career pathways available to them. Of those 1,150 employees, 30% or 350 employees will enroll in the
program and receive assistance on their selected pathway. Note – numbers based on each employee using
approx. $4,000 of the grant for certification, license, training, IT, child-care, etc.
If services are provided on Qualified Census Tracts, indicate populations (participants) served by
QCT (ref 5.8.3.2)
The Banner Health Career Pathways program serves employees throughout Maricopa County, as Banner
Health operates 14 hospitals medical centers in Phoenix, Mesa, Sun City, Gilbert, Peoria, Chandler,
Glendale, and Scottsdale. All of these locations employ entry level and/or minimum wage workers, many,
if not the majority, of whom live in Qualified Census Tracts (QCTs) across the county. Our flagship hospital,
Banner-University Medical Center Phoenix is located in QCT 1132.03. Our other hospitals and medical
centers in Maricopa County are adjacent to a variety of Qualified Census Tracts (QCT) such as Banner
Desert Medical Center (adjacent to 4221.03, 4221.04), Banner Ocotillo Medical Center (adjacent to
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5231.02), and Banner Baywood Medical Center (adjacent to 4201.13). The target population, low-income
adults in Maricopa County who lack the post-secondary training or education to obtain sustainable jobs with
a living wage, remains the same for each QCT served.
5.6.1.2 QUALIFICATIONS
As the largest employer in the state of Arizona, Banner Health has a robust human resources department,
which includes a dedicated Workforce Transformation “Next Move” Team comprised of 4 full-time
employees. This dedicated team monitors talent, identifies suitable career pathways within Banner Health,
markets the Career Pathways program, provides career counseling, provides tools and classes for growth,
and serves as a go-to support for employees participating in the Career Pathways program. The team’s
key objective is to help employees achieve their career aspirations by preparing for them for their next job
within the company. The Next Move team members, who created and manage the Career Pathways
program, will expand the pathways to include entry-level employees.
The Workforce Transformation Team also helps employees access supports to aid them on their journey.
These supports include, but are not limited to, economic resources to address barriers to advancement
(i.e., educational fees, childcare, transportation, GED and/or ESL classes, technology), certification and/or
education opportunities (i.e., on-demand learning courses), shadowing hours and mentoring, and internet
access.
With Maricopa County Employer Services Initiative grant funding, we plan to hire three additional Next Move
Team members to help us expand the Career Pathways program to include entry-level employees wanting
higher-level and higher-wage jobs in healthcare. The team has successfully created programs that have
reduced turnover in the medical assistant field by 17% (Career Pathways) and for new nurses by 5%
(increased orientation length by 108 hours, decreased turnover from 13.8% to 8.8%).
Banner Health meets the following minimum requirements for delivering Incumbent Worker Training (ref.
2.4.1.6):
1) Training programs include training and or experience that is essential to allow employees to
perform tasks/duties of other occupations within the organization. Completion of the training results
in the employee being fully capable of performing the duties necessary to retain employment.
2) Training program instructors possess either direct experience or a combination of experience,
education, and/or credentials/certifications necessary to train employees in performing necessary
tasks.
3) Has experience assessing the progress of employees/students to ensure effective processes.
4) Has experience preparing lesson plans and personalized instruction.
Banner Health meets the following minimum requirements for delivering Work Experience (ref. 2.4.2.6):
1) Provide or fund one or more of the WEX - eligible services (Banner Health provides job shadowing
opportunities).
2) Has a process for monitoring the participants’ completion of Work Experience.
Banner Health meets the following minimum requirements for delivering Support Services (ref. 2.4.5.4):
1) Familiarity and knowledge of resources that can be provided to employers/organizations that can
be passed on to participants.
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2) Defined strategies and methods for tracking expenditures for support services and documentation
of that services were provided.
3) Familiarity and knowledge of resources that can be provided to clients.
4) Defined strategies and methods for tracking expenditures for support services and documentation
of the services provided.
5) Defined policies, procedures, or other written rules that:
•
Determine need for supportive services;
•
Set conditions, limits, and amounts to provide for various supportive services (e.g. maximum
amount that can be provided for childcare and what types of childcare will be supported);
•
Establish timelines for providing supportive services; and,
•
Establish processes for providing services.
6) Providers must have enough liquid cash to issue support services immediately and be reimbursed
later.
5.6.1.3 Exceptions to the Solicitation (See Section 5.7 – Exceptions to the Solicitation for instructions and
formatting information)
Banner Health Foundation does not request any exceptions to the solicitation.
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BANNER HEALTH FOUNDATION 2901 N CENTRAL AVENUE SUITE 160, PHOENIX, AZ 85012
PRICING SHEET: NIGP CODE 95238
Terms:
NET 30
Vendor Number:
VS0000006658
Certificates of Insurance
Required
Contract Period:
To cover the period ending July 31, 2023.