220154-RFP BANNER DRAFT CONTRACT.DOCX
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SERIAL # 220154-RFP CONTRACT MARICOPA COUNTY WORKFORCE EMPLOYER SERVICES INITIATIVE (ESI) 220154-RFP This contract is entered into this _1st ____ day of _January___________, 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 two years, beginning on the 1st of January, 2022 and ending the 30th of June, 2024. 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 SERIAL# 220154-RFP 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. 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 department 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 SERIAL# 220154-RFP 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 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 SERIAL# 220154-RFP (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 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. SERIAL# 220154-RFP 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. 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 SERIAL# 220154-RFP Contractor shall maintain Professional Liability insurance which will provide coverage for any and all acts arising out of the work or services performed by the contractor under the terms of this contract, with a limit of not less than $1,000,000 for each claim, and $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. SERIAL# 220154-RFP 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. 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 SERIAL# 220154-RFP 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 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. SERIAL# 220154-RFP 10.14.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. 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 SERIAL# 220154-RFP or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. 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 SERIAL# 220154-RFP 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 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, SERIAL# 220154-RFP 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.) 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 10.33.1 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. 11.43 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. 11.44 INTEGRATION SERIAL# 220154-RFP 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. 11.45 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. 11.46 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. 11.47 PRICES Contractor warrants that prices extended to County under this contract are no higher than those paid by any other customer for these or similar services. 11.4811.47 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. 11.4911.48 INCORPORATION OF DOCUMENTS 11.49.1 The following are to be attached to and made part of this Contract: 11.49.1.1 Exhibit A – Vendor Information 11.49.1.2 Exhibit A-1 Fee Schedule 11.49.1.3 Exhibit B – Scope of Work 11.5011.49 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 160 S. 4th Avenue Phoenix, Arizona 85003-1647 For Contractor: 11.5111.50 INQUIRIES 11.51.1 Administrative telephone/email inquiries shall be addressed to: IRMA GUZMAN, PROCUREMENT OFFICER SERIAL# 220154-RFP TELEPHONE: (602) 506-8715 Irma.guzman@maricopa.gov 11.51.2 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 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 SERIAL# 220154-RFP Exhibit A Vendor Information SERIAL# 220154-RFP Exhibit A-1 Fee Schedule PRICING SHEET / ITEMIZED SERVICE BUDGET CONTRACT SERVICE: Banner Health Career Pathways Program CONTRACT PERIOD: 1/1/2022 - 12/31/2023 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 200,000.00 $ 100% 200,000.00 $ 200,000.00 $ 1 1.0 FTE Learning Coordinator 160,000.00 $ 100% 160,000.00 $ 160,000.00 $ 1 1.0 FTE Learning Coordinator 160,000.00 $ 100% 160,000.00 $ 160,000.00 $ 1 1.0 FTE Marea Bryson, Associate Director, Workforce Transformation 200,000.00 $ 0% 60,000.00 $ - $ 1 1.0 FTE Breanna Stevens, Career Pathways Program Manager 150,000.00 $ 0% 150,000.00 $ - $ 1 1.0 FTE Kimberly Hall, Career Services Advisor 150,000.00 $ 0% 15,000.00 $ - $ 1 1.0 FTE Amy Clousner, Career Services Advisor 150,000.00 $ 0% 15,000.00 $ - $ 1 1.0 FTE Aubrea VanderMolen, Learning Coordinator 120,000.00 $ 0% 12,000.00 $ - $ 8 TOTAL: 772,000.00 $ 520,000.00 $ B. FRINGE BENEFITS TOTAL COUNTY ITEM BASIS COST COST 19% Fringe for positions in lines 13-15 100% 98,800.00 $ 98,800.00 $ 19% Fringe for positions in lines 16-20 0% 47,880.00 $ - $ 146,680.00 $ 98,800.00 $ 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 350 50% 262,500.00 $ 131,250.00 $ TRAINING SERVICES NAVIGATION SERVICES $600 per employee x 350 50% 245,000.00 $ 122,500.00 $ TRAINING SERVICES WORK EXPERIENCE $500 per employee x 700 (mentees and mentors) 50% 437,500.00 $ 218,750.00 $ SUPPORT SERVICES SUPPORT SERVICES Individualized economic assistance for project participants - assumes 65% served need assistance. Estimated $2,000 per employee x 227 100% 454,000.00 $ 454,000.00 $ TOTAL: 1,399,000.00 $ 926,500.00 $ H. OPERATING EXPENSES TOTAL COUNTY ITEM BASIS COST COST TOTAL: - $ - $ I. PROFIT PROFIT COST: TOTAL SERVICE COST: 2,317,680.00 $ 1,545,300.00 $ 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 systems 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). SERIAL# 220154-RFP IT and/or internet assistance. 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 SERIAL# 220154-RFP Career Pathways program is designed to provide both the social capital and financial capital needed for low-wage 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 SERIAL# 220154-RFP 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. 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: SERIAL# 220154-RFP 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 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 SERIAL# 220154-RFP 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 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) SERIAL# 220154-RFP (*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 SERIAL# 220154-RFP Banner Desert Medical Center (adjacent to 4221.03, 4221.04), Banner Ocotillo Medical Center (adjacent to 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): SERIAL# 220154-RFP 1) Familiarity and knowledge of resources that can be provided to employers/organizations that can be passed on to participants. 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.