CTR046941 A6_REV 1.PDF

Maricopa County — Formal (2024-07-24)

Extracted text (via pymupdf) 33737 characters

CONTRACT AMENDMENT
ARIZONA DEPARTMENT OF
HEALTH SERVICES
OFFICE OF PROCUREMENT
150 N 18th Ave., Ste. #530
Phoenix, Arizona 85007
CONTRACT NO.: CTR046941
AMENDMENT NO.: 6
PROCUREMENT OFFICER:
Darrnell Welch

Page 1 of 12
Revised 04.29.2024
HRPP Community Health Nursing Services

Effective upon signature by both parties, it is mutually agreed that the Contract is amended as follows:

1. Pursuant to the Special Terms and Conditions, Provision Three (3), Contract Extension (Six (6) Year Maximum), the
Contract is hereby extended through August 31, 2024.

2. Pursuant to the Uniform Terms and Conditions, Provision Five (5), subsection 5.1 Amendments, the Special Terms
and Conditions are revised and replaced:

2.1. Section Three (3) Contract Extensions Six (6) Year Maximum

ALL CHANGES ARE REFLECTED IN RED.

ALL OTHER PROVISIONS SHALL REMAIN IN THEIR ENTIRETY.

Contractor hereby acknowledges receipt and acceptance of
above amendment and that a signed copy must be filed
with the Procurement Office before the effective date

The above referenced Contract Amendment is hereby
executed this _____ day of __________ 20______ at
Phoenix, Arizona

(To be filled out by Procurement Office)
Contractor Signature

Contractor Signature Date

Authorized Signatory’s Name and Title

Maricopa County Public Health Department

Contractor’s Name
Procurement Officer Signature

Page 2 of 12
Revised 04.29.2024

SPECIAL TERMS AND CONDITIONS

1.
PURPOSE

Pursuant to provisions of the Arizona Procurement Code, A.R.S. 41-2501 Et Seq., the State of
Arizona, ADHS intend to establish a Contract for the materials or services as listed herein.

2.
TERM OF CONTRACT (1 YEAR)

The term of any resultant Contract shall commence on July 1, 2019 or upon final signature,
whichever occurs later, and shall continue for a period of one (1) year thereafter, unless
terminated, canceled, or extended as otherwise provided herein.

3.
CONTRACT EXTENSIONS SIX (6) YEAR MAXIMUM

The Contract term shall begin as specified in section Two (2) above and shall continue for a
period of one (1) year subject to additional successive extensions not to exceed August 31, 2024.

4.
CONTRACT TYPE

X
Payment shall be made on a Fixed Price basis.

5.
LICENSES

The Contractor shall maintain in current status, all federal, state and local licenses and permits
required for the operation of the business conducted by the Contractor.

6.
KEY PERSONNEL

It is essential that the Contractor provide adequate experienced personnel, capable of and devoted
to the successful accomplishment of work to be performed under this Contract. The Contractor
must agree to assign specific individuals to the key positions.

6.1
The Contractor agrees that, once assigned to work under this Contract, key personnel shall
not be removed or replaced without written notice to the State. Such notice shall be given
thirty (30) days prior to the reassignment or personnel’s last day assigned to the Contract.

6.2
If key personnel are not available for work under this Contract for a continuous period
exceeding thirty (30) calendar days, or are expected to devote substantially less effort to
the work than initially anticipated, the Contractor shall immediately notify the State, and
shall, subject to the concurrence of the State, replace such personnel with personnel of
substantially equal ability and qualifications.

6.3
The State Agency reserves the right to review resumes and participate in interviews for the
hiring of any staff assigned to this Contract. Further, the State Agency reserves the right to
deny or refuse any offered replacement personnel by the Planning Contractor.

7.
POINT OF CONTACT

7.1
It is essential that the Contractor provide a Point of Contact, capable of and devoted to the

Page 3 of 12
Revised 04.29.2024
successful accomplishment of work to be performed under this Contract. The Contractor
must agree to assign a specific individual to serve as a primary day-to-day contact.

7.2
The Contractor agrees that, once assigned to work under this Contract, the Point of Contact
shall not be removed or replaced without written notice to the State.

7.3
If the Point of Contact is not available for work under this Contract for a continuous period
exceeding thirty (30) calendar days, or is expected to devote substantially less effort to the
work than initially anticipated, the Contractor shall immediately notify the State, and shall,
subject to the concurrence of the State, replace such personnel with personnel of
substantially equal ability and qualifications.

8.
MOST-FAVORED CUSTOMER

Throughout the life of the Contract, the Contractor shall always offer the State the Most-Favored
Customer or Highest Tier Customer price discount rate on contracted product(s) concurrent with a
published price discount rate made to other Customers (both Private and Public sectors). The
Contractor shall extend to the State that most-favored customer or Highest Tier Customer price
discount on all new product lines during the life of the contract.

9.
NON-EXCLUSIVE CONTRACT

Any contract resulting from this solicitation shall be awarded with the understanding and agreement
that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like
goods or services from another source when necessary, or when determined to be in the best
interest of the State.

10.
VOLUME OF WORK

The ADHS does not guarantee a specific amount of work either for the life of the Contract or on an
annual basis.

11.
INFORMATION DISCLOSURE

The Contractor shall establish and maintain procedures and controls that are acceptable to the
State for the purpose of assuring that no information contained in its records or obtained from the
state or from others in carrying out its functions under the Contract shall be used or disclosed by it,
its agents, officers, or employees, except as required to efficiently perform duties under the
Contract. Persons requesting such information should be referred to the State. The Contractor also
agrees that any information pertaining to individual persons shall not be divulged other than to
employees or officers of the Contractor as needed for the performance of duties under the Contract,
unless otherwise agreed to in writing by the State.

12.
EMPLOYEES OF THE CONTRACTOR

All employees of the Contractor employed in the performance of work under the Contract shall be
considered employees of the Contractor at all times, and not employees of the ADHS or the State.
The Contractor shall comply with the Social Security Act, Workman’s Compensation laws and
Unemployment laws of the State of Arizona and all State, local and Federal legislation relevant to
the Contractor’s business.

Page 4 of 12
Revised 04.29.2024

13.
ORDER PROCESS

The award of a contract shall be in accordance with the Arizona Procurement Code. Any attempt
to represent any material and/or service not specifically awarded as being under contract with
ADHS is a violation of the Contract and the Arizona Procurement Code. Any such action is subject
to the legal and contractual remedies available to the state inclusive of, but not limited to, Contract
cancellation, suspension, and/or debarment of the Contractor.

14.
CONTRACTOR PERFORMANCE REPORTS

Program management shall document Contractor performance, both exemplary and needing
improvements where corrective action is needed or desired. Copies of corrective action reports will
be forwarded to the ADHS Procurement Office for review and any necessary follow-up. The
Procurement Office may contact the Contractor upon receipt of the report and may request
corrective action. The Procurement Office shall discuss the Contractor’s suggested corrective
action plan with the Program for approval of the plan prior to sending it to the Contractor.

15.
PAYMENT PROCEDURES

15.1
ADHS accounting will not make payments to any Entity, Group or individual other than the
Contractor with the Federal Employer Identification (FEI) Number identified in the Contract.
Contractor invoices requesting payment to any Entity, Group or individual other than the
contractually specified Contractor shall be returned to the Contractor for correction.

15.2
The Contractor shall review and insure that the invoices for services provided show the
correct Contractor name prior to sending them to the ADHS Accounting Office for payment.

15.3
If the Contractor Name and FEI Number change, the Contractor must complete an
“Assignment and Agreement” form transferring contract rights and responsibilities to the
new Contractor. ADHS must indicate consent on the form. A written Contract Amendment
must be signed by both parties and a new W-9 form must be submitted by the new
Contractor and entered into the system prior to any payments being made to the new
Contractor.

16.
FINANCIAL MANAGEMENT

16.1
For all contracts, the practices, procedures, and standards specified in and required by the
Accounting and Auditing Procedures Manual for Arizona Department of Health Services
funded programs shall be used by the Contractor in the management of contract funds and
by the ADHS when performing a contract audit. Funds collected by the Contractor in the
form of fees, donations, and/or charges for the delivery of these contract services shall be
accounted for in a separate fund.

16.2
UState Funding.U Contractors receiving state funds under this Contract shall comply with the
certified Compliance provisions of A.R.S. § 35-181.03.

16.3
Federal FundingU. Contractors receiving federal funds under this contract shall comply with
the certified finance and compliance audit provision of the Office of Management and
Budget (OMB) Circular A-133, if applicable. The federal financial assistance information
shall be stated in a Change Order or Purchase Order.

Page 5 of 12
Revised 04.29.2024

17.
INSPECTION AND ACCEPTANCE

All services, data, and required reports are subject to final inspection, review, evaluation, and
acceptance by the ADHS. The ADHS may withhold payment for services that are deemed to not
meet contract standards.

18.
AUTHORIZATION FOR SERVICES

Authorization for purchase of services under this Contract shall be made only upon ADHS issuance
of a Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the
Contract number and the dollar amount of funds authorized. The Contractor shall only be
authorized to perform services up to the amount on the Purchase Order. ADHS shall not have any
legal obligation to pay for services in excess of the amount indicated on the Purchase Order. No
further obligation for payment shall exist on behalf of ADHS unless a) the Purchase Order is
changed or modified with an official ADHS Procurement Change Order, and/or b) an additional
Purchase Order is issued for purchase of services under this Contract.

19.
INDEMNIFICATION CLAUSE

19.1
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless the State of Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees (hereinafter referred to as
“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or
expenses (including court costs, attorneys’ fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal
injury (including death), or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of
Contractor or any of its owners, officers, directors, agents, employees or subcontractors.
This indemnity includes any claim or amount arising out of, or recovered under, the
Workers’ Compensation Law or arising out of the failure of such Contractor to conform to
any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances, except for Claims
arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by Contractor from and against any and all claims. It is agreed that Contractor
will be responsible for primary loss investigation, defense, and judgment costs where this
indemnification is applicable. In consideration of the award of this contract, the Contractor
agrees to waive all rights of subrogation against the State of Arizona, its officers, officials,
agents, and employees for losses arising from the work performed by the Contractor for
the State of Arizona.

19.2
This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board,
commission or university of the State of Arizona.

20.
INSURANCE REQUIREMENTS

20.1
Contractor and subcontractors shall procure and maintain, until all of their obligations have
been discharged, including any warranty periods under this Contract, insurance against
claims for injury to persons or damage to property arising from, or in connection with, the
performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.

Page 6 of 12
Revised 04.29.2024

20.2
The Insurance Requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract. The State of Arizona in no
way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that arise out of the performance of the work under this Contract
by the Contractor, its agents, representatives, employees or subcontractors, and the
Contractor is free to purchase additional insurance.

20.3
Minimum Scope and Limits of Insurance

Contractor shall provide coverage with limits of liability not less than those stated below.

20.3.1
Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual
liability coverage.

20.3.1.1 General Aggregate

$2,000,000.00

20.3.1.1.1 Products – Completed Operations Aggregate

$1,000,000.00

20.3.1.1.2 Personal and Advertising Injury

$1,000,000.00

20.3.1.1.3 Damage to Rented Premises

$ 50,000.00

20.3.1.1.4 Each Occurrence

$1,000,000.00

20.3.1.2 The policy shall not exclude coverage for Sexual Abuse and
Molestation (SAM). This coverage may be sub-limited to no less than
$500,000. The limits may be included within the General Liability limit
or provided by separate endorsement with its own limits. If you are
unable to obtain SAM coverage under your General Liability because
the insurance market will not support it, it should it be included with the
Professional Liability.

20.3.1.3 Contractor must provide the following statement on their Certificate(s)
of Insurance: “Sexual Abuse and Molestation coverage is included” or
“Sexual Abuse and Molestation coverage is not excluded.”

20.3.1.4 Policy shall be endorsed, as required by this written agreement, to
include the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees as
additional insureds with respect to liability arising out of the activities
performed by or on behalf of the Contractor.

20.3.1.5 Policy shall contain a waiver of subrogation endorsement, as required
by this written agreement, in favor of the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees for losses arising from work performed
by or on behalf of the Contractor.

Page 7 of 12
Revised 04.29.2024

20.3.2
Business Automobile Liability

20.3.2.1 Bodily injury and Property Damage for any owned, hired, and/or non-
owned automobiles used in the performance of this contract.

20.3.2.1.1 To Combined Single Limit (CSL)
$1,000,000.00

20.3.2.2 Policy shall be endorsed, as required by this written agreement, to
include the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees as
additional insureds with respect to liability arising out of the activities
performed by, or on behalf of, the Contractor involving automobiles
owned, hired and/or non0owned by the Contractor.

20.3.2.3 Policy shall contain a waiver of subrogation endorsement as required
by this written agreement in favor of the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers,
officials, agents and employees for losses arising from work performed
by or on behalf of the Contractor.

20.3.3
Workers; Compensation and Employers’ Liability

20.3.3.1 Workers Compensation

Statutory

20.3.3.2 Employers’ Liability

20.3.3.2.1 Each accident

$1,000,000.00

20.3.3.2.2 Disease – Each employee

$1,000,000.00

20.3.3.2.3 Disease – Policy Limit

$1,000,000.00

20.3.3.3 Policy shall contain a waiver of subrogation endorsement, as required
by this written agreement, in favor of the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers,
officials, agents and employees for losses arising from work performed
by or on behalf of the Contractor.

20.3.3.4 This requirement shall not apply to each Contractor or subcontractor
that is exempt under A.R.S. § 23.901 and when such Contractor or
subcontractor executes the appropriate waiver form (Sole Proprietor or
Independent Contractor).

20.3.4
Professional Liability (Errors and Omissions Liability)

20.3.4.1 Each Claim

$2,000,000.00

20.3.4.2 Annual Aggregate

$2,000,000.00

20.3.5
In the event that the Professional Liability insurance required by this Contract is

Page 8 of 12
Revised 04.29.2024
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 (2) years beginning at the time work under this
Contract is completed.

20.3.6
The policy shall cover professional misconduct or negligent acts for those
positions defined in the Scope of Work of this contract.

20.4
Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement,
the following provisions:

20.4.1
The Contractor’s policies as applicable, shall stipulate that the insurance afforded
the Contractor shall be primary and that any insurance carried by the
Department, its agents, officials, employees or the State of Arizona shall be
excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

20.4.2
Insurance provided by the Contractor shall not limit the Contractor’s liability
assumed under the indemnification provisions of this Contract.
.
20.5
Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this
Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be
canceled, or be materially changed for any reason without thirty (30) days prior written
notice to the State of Arizona. Within two (2) business days of receipt, Contractor must
provide notice to the State of Arizona 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 the Department and shall be mailed, emailed,
or hand delivered to Arizona Department of Health Services, 150 N 18th Ave, Suite 260,
Phoenix, AZ 85007.

20.6
Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or
hold approved non-admitted status on the Arizona Department of Insurance List of
Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than
A- VII. The State of Arizona in no way warrants that the above-required minimum insurer
rating is sufficient to protect the Contractor from potential insurer insolvency.

20.7
Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (COI) (valid
ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor
has the insurance as required by this Contract. An authorized representative of the insurer
shall sign the certificates.

20.7.1
All such certificates of insurance and policy endorsements must be received by
the State before work commences. The State’s receipt of any certificates of

Page 9 of 12
Revised 04.29.2024
insurance or policy endorsements that do not comply with this written agreement
shall not waive or otherwise affect the requirements of this agreement.

20.7.2
Each insurance policy required by this Contract must be in effect at, or prior to,
commencement of work under this Contract. Failure to maintain the insurance
policies as required by this Contract, or to provide evidence of renewal, is a
material breach of contract.

20.7.3
All certificates required by this Contract shall be sent directly to the Department.
The State of Arizona project/contract number and project description shall be
noted on the certificate of insurance. The State of Arizona reserves the right to
require complete copies of all insurance policies required by this Contract at any
time.

20.8
Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or
Contractor shall be responsible for ensuring and/or verifying that all subcontractors have
valid and collectable insurance as evidenced by the certificates of insurance and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to
the minimum Insurance Requirements identified above. The Department reserves the right
to require, at any time throughout the life of this contract, proof from the Contractor that its
subcontractors have the required coverage.

20.9
Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or
make modifications to the insurance limits, required coverages, or endorsements
throughout the life of this contract, as deemed necessary. Such action will not require a
formal Contract amendment but may be made by administrative action.

20.10
Exceptions

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a certificate of self-
insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board,
commission, or university, none of the above shall apply.

21.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996

21.1
If applicable, the Contractor warrants that it is familiar with the requirements of HIPAA, as
amended by the Health Information Technology for Economic and Clinical Health Act
(HITECH Act) of 2009, and accompanying regulations and will comply with all applicable
HIPAA requirements in the course of this Contract. Contractor warrants that it will
cooperate with the Arizona Department of Health Services (ADHS) in the course of
performance of the Contract so that both ADHS and Contractor will be in compliance with
HIPAA, including cooperation and coordination with the Arizona Department of
Administration-Arizona Strategic Enterprise Technology (ADOA-ASET) Office, the ADOA-
ASET Arizona State Chief Information Security Officer and HIPAA Coordinator and other
compliance officials required by HIPAA and its regulations. Contractor will sign any
documents that are reasonably necessary to keep ADHS and Contractor in compliance

Page 10 of 12
Revised 04.29.2024
with HIPAA, including, but not limited to, business associate agreements.

21.2
If applicable, and requested by the ADHS Procurement Office, Contractor agrees to sign a
“Pledge To Protect Confidential Information” and to abide by the statements addressing
the creation, use and disclosure of confidential information, including information
designated as protected health information and all other confidential or sensitive
information as defined in policy. In addition, if requested, Contractor agrees to attend or
participate in HIPAA training offered by ADHS or to provide written verification that the
Contractor has attended or participated in job related HIPAA training that is: (1) intended
to make the Contractor proficient in HIPAA for purposes of performing the services required
and (2) presented by a HIPAA Privacy Officer or other person or program knowledgeable
and experienced in HIPAA and who has been approved by the ADOA-ASET Arizona State
Chief Information Security Officer and HIPAA Coordinator.

22.
PANDEMIC CONTRACTUAL PERFORMANCE

22.1
The State shall require a written plan that illustrates how the Contractor shall perform up
to contractual standards in the event of a pandemic. The State may require a copy of the
plan at any time prior or post award of a Contract. At a minimum, the pandemic
performance plan shall include:

22.1.1 Key succession and performance planning if there is a sudden significant decrease
in Contractor’s workforce;

22.1.2 Alternative methods to ensure there are products in the supply chain; and

22.1.3 An up to date list of company contacts and organizational chart.

22.2
In the event of a pandemic, as declared by the Governor of Arizona, U.S. Government, or
the World Health Organization, which makes performance of any term under this Contract
impossible or impracticable, the State shall have the following rights:

22.2.1 After the official declaration of a pandemic, the State may temporarily void the
Contract(s) in whole or specific sections, if the Contractor cannot perform to the
standards agreed upon in the initial terms;

22.2.2 The State shall not incur any liability if a pandemic is declared and emergency
procurements are authorized by the Director as per A.R.S. 41-2537 of the Arizona
Procurement Code; and

22.2.3 Once the pandemic is officially declared over and/or the Contractor can
demonstrate the ability to perform, the State, at is sole discretion, may reinstate
the temporarily voided Contract(s).

22.3
The State, at any time, may request to see a copy of the written plan from the Contractor.
The Contractor shall produce the written plan within seventy-two (72) hours of the request.

23.
DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

Pursuant to 2 CFR 25.100 et seq., no entity (defined as a Governmental organization, which is a
State, local government, or Indian tribe; foreign public entity; domestic or foreign nonprofit
organization; domestic or foreign for-profit organization; or Federal agency, but only as a

Page 11 of 12
Revised 04.29.2024
subrecipient under an award or subaward to a non-Federal entity) may receive a subaward from
ADHS unless the entity provides its Data Universal Numbering System (DUNS) Number to ADHS.

24.
NEW SERVICES

The State, at its sole discretion may allow new services identified by the Contractor or ADHS to be
incorporated. The request may be submitted at any time during the Contract period. The requested
services shall align with the current Scope of Work, Requirements, Deliverables, and Price List.

25.
THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA OR
TRANSPARENCY ACT - P.L.109-282, AS AMENDED BY SECTION 6202(A) OF P.L. 110-252),
FOUND AT HTTPS://WWW.FSRS.GOV/

If applicable, the Contractor/Grantee shall submit to ADHS via email the Grant Reporting
Certification Form. This form and the instructions can be downloaded from the ADHS Procurement
website at http://www.azdhs.gov/operations/financial-services/procurement/index.php#ffata and
must be returned to the ADHS by the 15th of the month following that in which the award was
received. The form shall be completed electronically, and submitted using the steps outlined in the
Grant
Reporting
Certification
Form
Instructions
to
the
following
email
address:
ADHS_Grant@azdhs.gov . All required fields must be filled including Top Employee
Compensation, if applicable. Completing the Grant Reporting Certification Form is required for
compliance
with
the
Office
of
Management
and
Budget
(OMB),
found
at
http://www.whitehouse.gov/omb/. Failure to timely submit the Grant Reporting Certification Form
could result in the loss of funds. This requirement applies to all subcontractors/sub-awardees
utilized by the Contractor/Grantee for amounts exceeding $30,000.00 during the term of the Award.

26.
TRANSITION ACTIVITIES

26.1
The Contractor shall support the transfer of the Evaluation Reports at the conclusion of its
Contract;

26.2
Upon termination of this Contract, if ADHS anticipates a continued need for the Contract
Services specified herein and a contract is awarded to a new Contractor, there shall be a
transition of services period of not less than thirty (30) days. During this period, the existing
Contractor shall work closely with the new Contractor, or Contractors, personnel and/or
staff to ensure a smooth and complete transfer of duties and responsibilities;

26.3
An authorized representative from ADHS shall coordinate all transition activities. A
transition plan will be developed in conjunction with the outgoing Contractor to assist the
new Contractor, or Contractors, personnel and/or staff to implement the transfer of duties;

26.4
ADHS reserves the right to determine which projects nearing completion will remain with
the current Contractor of record.

26.5
The Contractor shall return all ADHS equipment, reports, and any other documentation
developed during the term of the Contract that ADHS deems necessary to maintain
ongoing operations.

Page 12 of 12
Revised 04.29.2024
27.
CONTRACTING; PROCUREMENT; INVESTMENT; PROHIBITIONS

27.1
A public entity may not enter into a contract with a company to acquire or dispose of
services, supplies, information technology or construction unless the contract includes a
written certification that the company is not currently engaged in, and agrees for the
duration of the contract to not engage in, a boycott of Israel.

27.2
A public entity may not adopt a procurement, investment or other policy that has the effect
of inducing or requiring a person or company to boycott Israel.

27.3
Contractor hereby certifies that it is not currently engaged in, and will not for the duration
of this Contract engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation
of this certification by the Contractor may result in action by the State up to and including
termination of this Contract.