IGA2021-073 COVID-19 ELC (00).PDF
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INTERGOVERNMENTAL AGREEMENT (IGA)
CONTRACT No.: IGA2021-073
ARIZONA DEPARTMENT OF
HEALTH SERVICES
150 North 18th Avenue, Suite 530
Phoenix, Arizona 85007
Page 1 of 17
Project Title: COVID-19 Case Investigations & Contact Tracing
Geographic Service Area: Maricopa County Department of Public Health
Begin Date: December 31, 2020
Termination Date: February 28, 2022
Arizona Department of Health Services has authority to contract for services specified herein in accordance with A.R.S. §§ 11-951,
11-952, 36-104 and 36-132. The Contractor represents that it has authority to contract for the performance of the services provided
herein pursuant to:
X
Counties:
A.R.S. §§ 11-201, 11-951, 11-952 and 36-182.
Amendments signed by each of the parties and attached hereto are hereby adopted by reference as a part of this Contract, from the
effective date of the Amendment, as if fully set out herein.
Arizona Transaction (Sales) Privilege:
Federal Employer Identification No.:
Tax License No.:
Maricopa County, through its Department of
Public Health, 4041 North Central, Suite 1400
Phoenix, Arizona 85012
FOR CLARIFICATION, CONTACT:
Name: Marcy M. Flanagan, DBA, Director
Phone: (602) 506-6601
FAX No:
E-mail: Marcy.flanagan@maricopa.gov
CONTRACTOR SIGNATURE:
The Contractor agrees to perform all the services set forth in the
Agreement and Work Statement.
This Contract shall henceforth be referred to as
Contract No. IGA2021-073 The Contractor is hereby cautioned
not to commence any billable work or provide any material, service
or construction under this Contract until Contractor receives a fully
executed copy of the Contract.
Signature of Person Authorized to Sign
Date
State of Arizona
Signed this
day of
, 2020
Procurement Officer
CONTRACTOR ATTORNEY SIGNATURE:
Pursuant to A.R.S. § 11-952, the undersigned Contractor’s Attorney
has determined that this Intergovernmental Agreement is in proper
form and is within the powers and authority granted under the laws
of Arizona.
Contract No.: IGA2021-073, which is an Agreement between public
agencies, has been reviewed pursuant to A.R.S. § 11-952 by the
undersigned Assistant Attorney General, who has determined that it is
in the proper form and is within the powers granted under the laws of
the State of Arizona to those parties to the Agreement represented by
the Attorney General.
The Attorney General, BY:
Signature
Date
Assistant Attorney General:
Signature of Person Authorized to Sign
Date
Print Name and Title
Chairman, Board of Supervisors
Anne Longo, Attorney for County
ATTEST:_________________________________________________________
Office of the Clerk of the Board Date
86-6000472-G
07-290-681 D
CONTRACT NUMBER
INTERGOVERNMENTAL AGREEMENT
TERMS AND CONDITIONS
COVID-19 CASE INVESTIGATIONS AND CONTACT TRACING
IGA2021-073
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1.
Definition of Terms. As used in this Contract, the terms listed below are defined as follows:
1.1
“Attachment” means any document attached to the Contract and incorporated into the Contract.
1.2
“ADHS” means Arizona Department of Health Services.
1.3
“Budget Term” means the period of time for which the contract budget has been created and during which
funds should be expended.
1.4
“Change Order” means a written order that is signed by a Procurement Officer and that directs the Contractor
to make changes authorized by the Uniform Terms and Conditions of the Contract.
1.5
“Contract” means the combination of the Uniform and Special Terms and Conditions, the Specifications and
Statement or Scope of Work, Attachments, Referenced Documents, any Contract Amendments and any terms
applied by law.
1.6
“Contract Amendment” means a written document signed by the Procurement Officer and the Contractor that
is issued for the purpose of making changes in the Contract.
1.7
“Contractor” means any person who has a Contract with the Arizona Department of Health Services.
1.8
“Cost Reimbursement” means a contract under which a contractor is reimbursed for costs, which are
reasonable, allowable and allocable in accordance with the contract terms and approved by ADHS.
1.9
“Days” means calendar days unless otherwise specified.
1.10 “Fixed Price” establishes a set price per unit of service. The set price shall be based on costs, which are
reasonable, allowable and allocable.
1.11 “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than
nominal value, present or promised, unless consideration of substantially equal or greater value is received.
1.12 “Materials” unless otherwise stated herein, means all property, including but not limited to equipment’s,
supplies, printing, insurance and leases of property.
1.13 “Procurement Officer” means the person duly authorized by the State to enter into and administer Contracts
and make written determinations with respect to the Contract.
1.14 “Purchase Order” means a written document that is signed by a Procurement Officer, that requests a vendor
to deliver described goods or services at a specific price and that, on delivery and acceptance of the goods or
services by ADHS, becomes an obligation of the State.
1.15 “Services” means the furnishing of labor, time or effort by a Contractor or Subcontractor.
1.16 “Subcontract” means any contract, express or implied, between the Contractor and another party or between
a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any
material or any service required for the performance of this Contract.
1.17 “State” means the State of Arizona and/or the ADHS. For purposes of this Contract, the term “State” shall not
include the Contractor.
CONTRACT NUMBER
INTERGOVERNMENTAL AGREEMENT
TERMS AND CONDITIONS
COVID-19 CASE INVESTIGATIONS AND CONTACT TRACING
IGA2021-073
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2.
CONTRACT TYPE:
This Contract shall be:
X
COST REIMBURSEMENT
3.
CONTRACT INTERPRETATION:
3.1. Arizona Law. The law of Arizona applies to this Contract including, where applicable, the Uniform
Commercial Code as adopted by the State of Arizona.
3.2. Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a
part of this Contract as if fully stated in it.
3.3. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by
the State and as they may be amended, the following shall prevail in the order set forth below:
3.3.1.
Terms and Conditions;
3.3.2.
Statement or Scope of Work;
3.3.3.
Attachments; and
3.3.4.
Referenced Documents.
3.4. Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to
this Contract shall be deemed to be the employee or agent of the other party to the Contract.
3.5. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid
shall not affect any other term or condition of the Contract.
3.6. No Parole Evidence. This Contract is intended by the parties as a final and complete expression of their
agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or
explain any terms used in this document.
3.7. No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall
not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the
nonconforming performance knows of the nature of the performance and fails to object to it.
3.8. Headings. Headings are for organizational purposes only and shall not be interpreted as having legal
significance or meaning.
4.
CONTRACT ADMINISTRATION AND OPERATION:
4.1. Term. As indicated on the signature page of the Contract, the Contract shall be effective as of the Begin
Date and shall remain effective until the Termination Date.
4.2. Contract Renewal. This Contract shall not bind, nor purport to bind, the State for any contractual commitment
in excess of the original Contract period. The term of the Contract shall not exceed five years. However, if
the original Contract period is for less than five years, the State shall have the right, at its sole option, to
renew the Contract, so long as the original Contract period together with the renewal periods does not
exceed five years. If the State exercises such rights, all terms, conditions and provisions of the original
Contract shall remain the same and apply during the renewal period with the exception of price and Scope
of Work, which may be renegotiated.
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INTERGOVERNMENTAL AGREEMENT
TERMS AND CONDITIONS
COVID-19 CASE INVESTIGATIONS AND CONTACT TRACING
IGA2021-073
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4.3. New Budget Term. If a budget term has been completed in a multi-term Contract, the parties may agree to
change the amount and type of funding to accommodate new circumstances in the next budget term. Any
increase or decrease in funding at the time of the new budget term shall coincide with a change in the Scope
of Work or change in cost of services as approved by the Arizona Department of Health Services.
4.4. Non-Discrimination. The Contractor shall comply with State Executive Order No. 2009-09 and all other
applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.
4.5. Records and Audit. Under A.R.S. § 35-214 and A.R.S. § 35-215, the Contractor shall retain and shall
contractually require each subcontractor to retain all data and other records (“records”) relating to the
acquisition and performance of the Contract for a period of five years after the completion of the Contract.
All records shall be subject to inspection and audit by the State and where applicable the Federal
Government at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all
such records.
4.6. Financial Management. For all contracts, the practices, procedures, and standards specified in and required
by the Accounting and Auditing Procedures Manual for the ADHS funded programs shall be used by the
Contractor in the management of Contract funds and by the State 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.
4.6.1.
Federal Funding. 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.
4.6.2.
State Funding. Contractors receiving state funds under this Contract shall comply with the certified
compliance provisions of A.R.S. § 35-181.03.
4.7. Inspection and Testing. The Contractor agrees to permit access, at reasonable times, to its facilities.
4.8. Notices. Notices to the Contractor required by this Contract shall be made by the State to the person
indicated on the signature page by the Contractor, unless otherwise stated in the Contract. Notices to the
State required by the Contract shall be made by the Contractor to an ADHS Procurement Officer, unless
otherwise stated in the Contract. An authorized ADHS Procurement Officer and an authorized Contractor
representative may change their respective person to whom notice shall be given by written notice, and an
amendment to the Contract shall not be necessary.
4.9. Advertising and Promotion of Contract. The Contractor shall not advertise or publish information for
commercial benefit concerning this Contract without the prior written approval of an ADHS Procurement
Officer.
4.10. Property of the State.
4.10.1. Equipment. Except as provided below or otherwise agreed to by the parties, the title to any and all
equipment acquired through the expenditure of funds received from the State shall remain the
property of the State by and through the ADHS and, as such, shall remain under the sole direction,
management and control of the ADHS. When this Contract is terminated, the disposition of all such
property shall be determined by the ADHS. For Fixed Price contracts, when the Contractor provides
the services/materials required by the Contract, any and all equipment purchased by the Contractor
remains the property of the Contractor. All purchases of equipment need to be reported to the ADHS
Office of Inventory Control.
4.10.2. Title and Rights to Materials. As used in this section, the term “Materials” means all products created
or produced by the Contractor under this Contract, including, but not limited to: written and electronic
information, recordings, reports, research, research findings, conclusions, abstracts, results,
software, data and any other intellectual property or deliverables created, prepared, or received by
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TERMS AND CONDITIONS
COVID-19 CASE INVESTIGATIONS AND CONTACT TRACING
IGA2021-073
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the Contractor in performance of this Contract. Contractor acknowledges that all Materials are the
property of the State by and through the ADHS and, as such, shall remain under the sole direction,
management and control of the ADHS. The Contractor is not entitled to a patent or copyright on
these Materials and may not transfer a patent or copyright on them to any other person or entity. To
the extent any copyright in any Materials may originally vest in the Contractor, the Contractor hereby
irrevocably transfers to the ADHS, for and on behalf of the State, all copyright ownership. The ADHS
shall have full, complete and exclusive rights to reproduce, duplicate, adapt, distribute, display,
disclose, publish, release and otherwise use all Materials. The Contractor shall not use or release
these Materials without the prior written consent of the ADHS. When this Contract is terminated,
the disposition of all such Materials shall be determined by the ADHS. Further, the Contractor
agrees to give recognition to the ADHS for its support of any program when releasing or publishing
program Materials.
4.10.3. Notwithstanding the above, if the Contractor is a State agency, the following shall apply instead: It
is the intention of ADHS and Contractor that all material and intellectual property developed under
this Agreement be used and controlled in ways to produce the greatest benefit to the parties to this
Contract and the citizens of the State of Arizona. As used in this paragraph, “Material” means all
written and electronic information, recordings, reports, findings, research information, abstracts,
results, software, data, discoveries, inventions, procedures and processes of services developed by
the Contractor and any other materials created, prepared or received by the Contractor and
subcontractors in performance of this Agreement. “Material” as used herein shall not include any
pre-existing data, information, materials, discoveries, inventions or any form of intellectual property
invented, created, developed or devised by Contractor (or its employees, subcontractors or agents)
prior to the commencement of the services funded by this Agreement or that may result from
Contractor’s involvement in other service activities that are not funded by the Agreement.
4.10.4. Title and exclusive copyright to all Material shall vest in the State of Arizona, subject to any rights
reserved on behalf of the federal government. As State agencies and instrumentalities, both ADHS
and Contractor shall have full, complete, perpetual, irrevocable and non-transferable rights to
reproduce, duplicate, adapt, make derivative works, distribute, display, disclose, publish and
otherwise use any and all Material. The Contractor’s right to use Material shall include the following
rights: the right to use the Material in connection with its internal, non-profit research and
educational activities, the right to present at academic or professional meetings or symposia and
the right to publish in journals, theses, dissertations or otherwise of Contractor’s own choosing.
Contractor agrees to provide ADHS with a right of review prior to any publication or public
presentation of the Material, and ADHS shall be entitled to request the removal of its confidential
information or any other content the disclosure of which would be contrary to the best interest of the
State of Arizona. Neither party shall release confidential information to the public without the prior
expressly written permission of the other, unless required by the State public records statutes or
other law, including a court order. Each party agrees to give recognition to the other party in all
public presentations or publications of any Material, when releasing or publishing them.
4.10.5. In addition, ADHS and Contractor agree that any and all Material shall be made freely available to
the public to the extent it is in the best interest of the State. However, if either party wants to license
or assign an intellectual property interest in the material to a third-party for monetary compensation,
ADHS and Contractor agree to convene to determine the relevant issues of title, copyright, patent
and distribution of revenue. In the event of a controversy as to whether the Material is being used
for monetary compensation or in a way that interferes with the best interest of the state or ADHS,
then the Arizona Department of Administration shall make the final decision. Notwithstanding the
above, “monetary compensation’ does not include compensation paid to an individual creator for
traditional publications in academia (the copyrights to which are Employee-Excluded Works under
ABOR Intellectual Property Policy Section 6-908C.4.), an honorarium or other reimbursement of
expenses for an academic or professional presentation, or an unprofitable distribution of Material.
4.11. E-Verify Requirements In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all
Federal immigration laws and regulations relating to employees and warrants its compliance with Section
A.R.S. § 23-214, Subsection A.
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INTERGOVERNMENTAL AGREEMENT
TERMS AND CONDITIONS
COVID-19 CASE INVESTIGATIONS AND CONTACT TRACING
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4.12. Federal Immigration and Nationality Act The Contractor shall comply with all federal, state and local
immigration laws and regulations relating to the immigration status of their employees during the term of the
Contract. Further, the Contractor shall flow down this requirement to all subcontractors utilized during the
term of the Contract. The State shall retain the right to perform random audits of Contractor and
subcontractor records or to inspect papers of any employee thereof to ensure compliance. Should the State
determine that the Contractor and/or any subcontractors be found noncompliant, the State may pursue 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.
5.
COSTS AND PAYMENTS:
5.1. Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, net 30 days. Upon
receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate
Contractor’s Expenditure Report for payment from the State within thirty (30) days, as provided in the
Accounting and Auditing Procedures Manual for the ADHS.
5.2. Recoupment of Contract Payments.
5.2.1.
Unearned Advanced Funds. Any unearned State funds that have been advanced to the Contractor
and remain in its possession at the end of each budget term, or at the time of termination of the
Contract, shall be refunded to the ADHS within forty-five (45) days of the end of a budget term or of
the time of termination.
5.2.2.
Contracted Services. In a fixed price contract, if the number of services provided is less than the
number of services for which the Contractor received compensation, funds to be returned to the
ADHS shall be determined by the Contract price. Where the price is determined by cost per unit of
service or material, the funds to be returned shall be determined by multiplying the unit of service
cost by the number of services the Contractor did not provide during the Contract term. Where the
price for a deliverable is fixed, but the deliverable has not been completed, the Contractor shall be
paid a pro rata portion of the completed deliverable.
5.2.3.
Refunds. Within forty-five (45) days after the end of each budget term or of the time of termination
of the Contract, the Contractor shall refund the greater of: i) the amount refundable in accordance
with paragraph 5.2.1, Unearned Advanced Funds; or ii) the amount refundable in accordance with
paragraph 5.2.2, Contracted Services.
5.2.4.
Unacceptable Expenditures. The Contractor agrees to reimburse the ADHS for all Contract funds
expended, which are determined by the ADHS not to have been disbursed by the Contractor in
accordance with the terms of this Contract. The Contractor shall reimburse ADHS within 45 days of
the determination of unacceptability.
5.3. Unit Costs/Rates or Fees. Unit costs/rates or fees shall be based on costs, which are determined by ADHS
to be reasonable, allowable and allocable as outlined in the Accounting and Auditing Procedures Manual for
the ADHS.
5.4. Applicable Taxes.
5.4.1.
State and Local Transaction Privilege Taxes. The State of Arizona is subject to all applicable state
and local transaction privilege taxes. Transaction privilege taxes apply to the sale and are the
responsibility of the seller to remit. Failure to collect taxes from the buyer does not relieve the seller
from its obligation to remit taxes.
5.4.2.
Tax Indemnification. The Contractor and all subcontractors shall pay all federal, state and local
taxes applicable to its operation and any persons employed by the Contractor. Contractor shall
require all subcontractors to hold the State harmless from any responsibility for taxes, damages and
interest, if applicable, contributions required under Federal, and/or state and local laws and
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INTERGOVERNMENTAL AGREEMENT
TERMS AND CONDITIONS
COVID-19 CASE INVESTIGATIONS AND CONTACT TRACING
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regulations and any other costs, including transaction privilege taxes, unemployment compensation
insurance, Social Security and Worker’s Compensation.
5.4.3.
I.R.S. W9 Form. In order to receive payment under any resulting Contract, the Contractor shall have
a current I.R.S. W9 Form on file with the State of Arizona.
5.5. Availability of Funds for the Next Fiscal Year. Funds may not be presently available for performance under
this Contract beyond the first year of the budget term or Contract term. The State may reduce payments or
terminate this Contract without further recourse, obligation or penalty in the event that insufficient funds are
appropriated in the subsequent budget term. The State shall not be liable for any purchases or Subcontracts
entered into by the Contractor in anticipation of such funding. The Procurement Officer shall have the
discretion in determining the availability of funds.
5.6. Availability of Funds for the Current Contract Term. Should the State Legislature enter back into session
and decrease the appropriations through line item or general fund reductions, or for any other reason these
goods or services are not funded as determined by ADHS, the following actions may be taken by ADHS:
5.6.1.
Accept a decrease in price offered by the Contractor;
5.6.2.
Reduce the number of goods or units of service and reduce the payments accordingly;
5.6.3.
Offer reductions in funding as an alternative to Contract termination; or
5.6.4.
Cancel the Contract.
6.
CONTRACT CHANGES:
6.1. Amendments, Purchase Orders and Change Orders. This Contract is issued under the authority of the
Procurement Officer who signed this Contract. The Contract may be modified only through a Contract
Amendment, Purchase Order and/or Change Order within the scope of the Contract, unless the change is
administrative or otherwise permitted by the Special Terms and Conditions. Changes to the Contract,
including the addition of work or materials, the revision of payment terms, or the substitution of work or
materials, directed by an unauthorized State employee or made unilaterally by the Contractor are violations
of the Contract and of applicable law. Such changes, including unauthorized Contract Amendments,
Purchase Orders and/or Change Orders, shall be void and without effect, and the Contractor shall not be
entitled to any claim under this Contract based on those changes.
6.2. Subcontracts. The Contractor shall not enter into any subcontract under this Contract without the advance
written approval of the Procurement Officer. The subcontract shall incorporate by reference all material and
applicable terms and conditions of this Contract.
6.3. Assignments and Delegation. The Contractor shall not assign any right nor delegate any duty under this
Contract without the prior written approval of the Procurement Officer. The State shall not unreasonably
withhold approval.
7.
RISK AND LIABILITY:
7.1. Risk of Loss. The Contractor shall bear all loss of conforming material covered under this Contract until
received and accepted by authorized personnel at the location designated in the Purchase Order, Change
Order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for nonconforming
materials shall remain with the Contractor regardless of receipt.
7.2. Mutual Indemnification. Each party (as “indemnitor”) agrees to indemnify, defend and hold harmless the
other party (as “indemnitee”) from and against any and all claims, losses, liability, costs or expenses
(including reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) arising out of bodily
injury of any person (including death) or property damage, but only to the extent that such claims, which
result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence,
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misconduct, or other fault of the indemnitor, its officers, officials, agents, employees or volunteers.
7.3. Force Majeure.
7.3.1.
Liability and Definition. Except for payment of sums due, neither party shall be liable to the other
nor deemed in default under this Contract if and to the extent that such party’s performance of this
Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence
that is beyond the control of the party affected and occurs without its fault or negligence. Without
limiting the foregoing, force majeure includes acts of God; acts of the public enemy; acts of terrorism;
war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injunctions-
interventions not caused by or resulting from the act or failure to act of the parties; failures or refusals
to act by government authority not caused by or resulting from the act or failure to act of the parties;
and other similar occurrences beyond the control of the party declaring force majeure, which such
party is unable to prevent by exercising reasonable diligence.
7.3.2.
Exclusions. Force Majeure shall not include the following occurrences:
7.3.2.1. Late delivery of Materials caused by congestion at a manufacturer’s plant or elsewhere, or
an oversold condition of the market;
7.3.2.2. Late performance by a subcontractor unless the delay arises out of a force majeure
occurrence in accordance with this force majeure term and condition; or
7.3.2.3. Inability of either the Contractor or any subcontractor to acquire or maintain any required
insurance, bonds, licenses or permits.
7.3.3.
Notice. If either party is delayed at any time in the progress of the work by force majeure, the
delayed party shall notify the other party in writing of such delay, as soon as is practicable and no
later than the following working day of the commencement thereof, and shall specify the causes of
such delay in such notice. Such notice shall be delivered or mailed certified-return receipt and shall
make a specific reference to this article, thereby invoking its provisions. The delayed party shall
cause such delay to cease as soon as practicable and shall notify the other party in writing when it
has done so. The time of completion shall be extended by Contract Amendment for a period of time
equal to the time that the results or effects of such delay prevent the delayed party from performing
in accordance with this Contract.
7.3.4.
Default. Any delay or failure in performance by either party hereto shall not constitute default
hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent
that, such delay or failure is caused by force majeure.
7.4. Third Party Antitrust Violations. The Contractor assigns to the State any claim for overcharges resulting
from antitrust violations to the extent that those violations concern materials or services supplied by third
parties to the Contractor for or toward the fulfillment of this Contract.
8.
DESCRIPTION OF MATERIALS: The following provisions shall apply to Materials only:
8.1. Liens. The Contractor agrees that the Materials supplied under this Contract are free of liens. In the event
the Materials are not free of liens, Contractor shall pay to remove the lien and any associated damages or
replace the Materials with Materials free of liens.
8.2. Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor agrees that, for
one year after acceptance by the State of the Materials, they shall be:
8.2.1.
Of a quality to pass without objection in the Contract description;
8.2.2.
Fit for the intended purposes for which the Materials are used;
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8.2.3.
Within the variations permitted by the Contract and are of even kind, quantity, and quality within
each unit and among all units;
8.2.4.
Adequately contained, packaged and marked as the Contract may require; and
8.2.5.
Conform to the written promises or affirmations of fact made by the Contractor.
8.3. Inspection/Testing. Subparagraphs 8.1 through 8.2 of this paragraph are not affected by inspection or
testing of or payment for the Materials by the State.
8.4. Compliance With Applicable Laws. The Materials and services supplied under this Contract shall comply
with all applicable federal, state and local laws, and the Contractor shall maintain all applicable license and
permit requirements.
8.5. Survival of Rights and Obligations After Contract Expiration and Termination.
8.5.1.
Contractor’s Representations. All representations and warranties made by the Contractor under
this Contract in paragraphs 7 and 8 shall survive the expiration or termination hereof. In addition,
the parties hereto acknowledge that pursuant to A.R.S. § 12.510, except as provided in A.R.S. § 12-
529, the State is not subject to or barred by any limitations of actions prescribed in A.R.S. Title 12,
Chapter 5.
8.5.2.
Purchase Orders and Change Orders. Unless otherwise directed in writing by the Procurement
Officer, the Contractor shall fully perform and shall be obligated to comply with all Purchase Orders
and Change Orders received by the Contractor prior to the expiration or termination hereof,
including, without limitation, all Purchase Orders and Change Orders received prior to but not fully
performed and satisfied at the expiration or termination of this Contract.
9.
STATE’S CONTRACTUAL REMEDIES:
9.1. Right to Assurance. If the State, in good faith, has reason to believe that the Contractor does not intend to,
or is unable to, perform or continue performing under this Contract, the Procurement Officer may demand
in writing that the Contractor give a written assurance of intent to perform. Failure by the Contractor to
provide written assurance within the number of Days specified in the demand may, at the State’s option, be
the basis for terminating the Contract.
9.2. Stop Work Order.
9.2.1.
Terms. The State 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 up to ninety (90) 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.
9.2.2.
Cancellation or Expiration. If a stop work order issued under this clause is canceled or the period
of the order or any extension expires, the Contractor shall resume work. The Procurement Officer
shall make an equitable adjustment in the delivery schedule or Contract price, or both, and the
Contract shall be amended in writing accordingly.
9.3.
Non-exclusive Remedies. The rights and remedies of ADHS under this Contract are not exclusive, and
ADHS is entitled to all rights and remedies available to it, including those under the Arizona Uniform
Commercial Code and Arizona common law.
9.4.
Right of Offset. The State shall be entitled to offset against any sums due the Contractor in any Contract
with the State or damages assessed by the State because of the Contractor’s non-conforming performance
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or failure to perform this Contract. The right to offset may include, but is not limited to, a deduction from an
unpaid balance and a collection against the bid and/or performance bonds. Any offset taken for damages
assessed by the State shall represent a fair and reasonable amount for the actual damages and shall not
be a penalty for non-performance.
10.
CONTRACT TERMINATION:
10.1. Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel this Contract within
three (3) years after Contract execution without penalty or further obligation if any person significantly
involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State is, or
becomes at any time while the Contract or an extension of the Contract is in effect, an employee of or a
consultant to any other party to this Contract with respect to the subject matter of the Contract. The
cancellation shall be effective when the Contractor receives written notice of the cancellation, unless the
notice specifies a later time. If the Contractor is a political subdivision of the State, it may also cancel this
Contract as provided in A.R.S. § 38-511.
10.2. Gratuities. The State may, by written notice, terminate this Contract, in whole or in part, if the State
determines that employment or a Gratuity was offered or made by the Contractor or a representative of the
Contractor to any officer or employee of the State for the purpose of influencing the outcome of the
procurement, securing the Contract or an Amendment to the Contract, or receiving favorable treatment
concerning the Contract, including the making of any determination or decision about Contract performance.
The State, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in the
amount of three times the value of the Gratuity offered by the Contractor.
10.3. Suspension or Debarment. The State may, by written notice to the Contractor, immediately terminate this
Contract if the State determines that the Contractor or its subcontractor has been debarred, suspended or
otherwise lawfully prohibited from participating in any public procurement activity, including but not limited
to, being disapproved as a subcontractor of any public procurement unit or other governmental body.
10.4. Termination Without Cause.
10.4.1. Both the State and the Contractor may terminate this Contract at any time with thirty (30) days’
notice in writing specifying the termination date. Such notices shall be given by personal delivery or
by certified mail, return receipt requested.
10.4.2. If the Contractor terminates this Contract, any monies prepaid by the State, for which no service or
benefit was received by the State, shall be refunded to the State within 5 days of the termination
notice. In addition, if the Contractor terminates the Contract, the Contractor shall indemnify the State
for any sanctions imposed by the funding source as a result of the Contractor’s failure to complete
the Contract.
10.4.3. If the State terminates this Contact pursuant to this Section, the State shall pay the Contractor the
Contract price for all Services and Materials completed up to the date of termination. In a fixed price
contract, the State shall pay the amount owed for the Services or Materials by multiplying the unit of
service or item cost by the number of unpaid service units or items. In a cost reimbursement
contract, the ADHS shall pay for any costs that the Contractor can document as having been paid
by the Contractor and approved by ADHS. In addition, the Contractor will be paid its reasonable
actual costs for work in progress as determined by GAAP up to the date of termination. Upon such
termination, the Contractor shall deliver to the ADHS all deliverables completed. ADHS may require
Contractor to negotiate the terms of any remaining deliverables still due.
10.5. Mutual Termination. This Contract may be terminated by mutual written agreement of the parties specifying
the termination date and the terms for disposition of property and, as necessary, submission of required
deliverables and payment therein.
10.6. Termination for Default. The State reserves the right to terminate the Contract in whole or in part due to the
failure of the Contractor to comply with any material obligation, term or condition of the Contract, to acquire
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and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress
in performing the Contract. In the event the ADHS terminates the Contract in whole or in part as provided
in this paragraph, the ADHS may procure, upon such terms and in such manner as deemed appropriate,
Services or Materials, similar to those terminated, and Contractor shall be liable to the ADHS for any excess
costs incurred by the ADHS in obtaining such similar Services or Materials.
10.7. Continuation of Performance Through Termination. Upon receipt of the notice of termination and until the
effective date of the notice of termination, the Contractor shall perform work consistent with the requirements
of the Contract and, if applicable, in accordance with a written transition plan approved by the ADHS. If the
Contract is terminated in part, the Contractor shall continue to perform the Contract to the extent not
terminated. After receiving the notice of termination, the Contractor shall immediately notify all
subcontractors, in writing, to stop work on the effective date of termination, and on the effective date of
termination, the Contractor and subcontractors shall stop all work.
10.8. Disposition of Property. Upon termination of this Contract, all property of the State, as defined herein, shall
be delivered to the ADHS upon demand.
11.
ARBITRATION:
Pursuant to A.R.S. § 12-1518, disputes under this Contract shall be resolved through the use of arbitration when
the case or lawsuit is subject to mandatory arbitration pursuant to rules adopted under A.R.S. § 12 -133.
12.
COMMUNICATION:
12.1. Program Report. When reports are required by the Contract, the Contractor shall provide them in the format
approved by ADHS.
12.2. Information and Coordination. The State will provide information to the Contractor pertaining to activities
that affect the Contractor’s delivery of services, and the Contractor shall be responsible for coordinating
their activities with the State’s in such a manner as not to conflict or unnecessarily duplicate the State’s
activities. As the work of the Contractor progresses, advice and information on matters covered by the
Contract shall be made available by the Contractor to the State throughout the effective period of the
Contract.
13.
CLIENT GRIEVANCES:
If applicable, the Contractor and its subcontractors shall use a procedure through which clients may present
grievances about the operation of the program that result in the denial, suspension or reduction of services
provided pursuant to this Contract and which is acceptable to and approved by the State.
14.
SOVEREIGN IMMUNITY:
Pursuant to A.R.S. § 41-621(O), the obtaining of insurance by the State shall not be a waiver of any sovereign
immunity defense in the event of suit.
15.
ADMINISTRATIVE CHANGES:
The Procurement Officer, or authorized designee, reserves the right to correct any obvious clerical, typographical
or grammatical errors, as well as errors in party contact information (collectively, “Administrative Changes”), prior
to or after the final execution of a Contract or Contract Amendment. Administrative Changes subject to permissible
corrections include: misspellings, grammar errors, incorrect addresses, incorrect Contract Amendment numbers,
pagination and citation errors, mistakes in the labeling of the rate as either extended or unit, and calendar date
errors that are illogical due to typographical error. The Procurement Office shall subsequently send to the
Contractor notice of corrections to administrative errors in a written confirmation letter with a copy of the corrected
Administrative Change attached.
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16.
SURVIVAL OF TERMS AFTER TERMINATION OR CANCELLATION OF CONTRACT:
All applicable Contract terms shall survive and apply after Contract termination or cancellation to the extent
necessary for Contractor to complete and for the ADHS to receive and accept any final deliverables that are due
after the date of the termination or cancellation.
17.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA):
17.1. 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 with HIPAA,
including, but not limited to, business associate agreements.
17.2. If 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.
18.
COMMENTS WELCOME:
The ADHS Procurement Office periodically reviews the Uniform Terms and Conditions and welcomes any
comments you may have. Please submit your comments to: ADHS Procurement Administrator, Arizona
Department of Health Services, 150 North 18th Avenue, Suite 260, Phoenix, Arizona 85007.
19.
DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENT:
For federal funding, 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 sub recipient 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.
20.
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/open. 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
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term of the Award.
21.
TECHNOLOGY REPLACEMENT:
In any event where product is discontinued, no longer available or technically inferior to newly developed product,
the Contractor shall provide an equivalent replacement model at no additional cost and shall honor the original
contract terms.
22.
AUTHORIZATION FOR PROVISION OF SERVICES:
Authorization for purchase of services under this agreement shall be made only upon ADHS issuance of a
Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the agreement 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 agreement.
24.
PUBLIC HEALTH EMERGENCIES:
23.1. In the event of a public health emergency, ADHS under the guidance of the federal funder may authorize a
Contractor to temporarily reassign staff to address the emergency. Contractors shall adhere to the following
reassignment conditions:
24.1.1.
Approval from ADHS shall be requested prior to reassignment of staff.
24.1.2.
Reassignment must be voluntary;
24.1.3.
Locations for reassignment must be covered under the public health emergency; and
24.1.4.
Any reassignment of staff shall be considered approved until further notice from the ADHS or until
the Governor declares an end to the public health emergency.
23.2. ADHS shall continue to coordinate with program staff regarding the extent and duration of the planned
assignment(s) and other potential impacts to the program.
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1.
BACKGROUND:
1.1 Prior to the onset of COVID-19, the original staffing level and assets of Maricopa County Department of Public Health
(MCDPH) were adequate to respond to the typical annual prevalence of disease. As COVID-19 spread globally and
transitioned to a pandemic, MCDPH reassigned staff from other areas of the department and retrained and integrated
them into the response. The increasing demands, ever changing disease environment, and complexity of the
response directly impacted the need for additional staff and resources beyond this initial surge staffing. To address
the demand on existing resources, MCDPH expanded the incident command structure through hiring of both
temporary and contracted staff.
1.2 As MCDPH continued to expand the incident command, the county added additional response structure through the
creation of a unified command including the Department of Emergency Management, the Human Services
Department, and the Office of the Medical Examiner. In this same timeframe, the Federal Government awarded
CARES Act funding to Maricopa County. This funding provided the mechanism to expand the response structure and
build additional capacity to more effectively address the pandemic. Over the last eight months, we have continued to
refine our response system, hire personnel, put critical contracts in place, and purchase resources as part of the
ongoing effort to limit the spread of the disease in the community. This system which supports in excess of 60% of
the state’s population, and the majority of the health and medical infrastructure is dependent on these assets and
capabilities.
1.3 The CARES Act funding which provides this additional capacity ends December 30, 2020. This request is to ensure
the county has the continued capacity to effectively respond to the COVID-19 Pandemic beyond December 2020.
Without funding to support the system as built, the county has limited capacity to effectively respond and protect the
community.
2.
OBJECTIVES:
2.1 Maintain and direct an effective response through a flexible and responsive unified command;
2.2 Continue investigation and contact tracing of positive cases at rates of up to 3,500 cases per week and contact of
positive cases within twenty-four (24) hours of notification;
2.3 Conduct ongoing surveillance to identify cluster and hotspots of COVID-19;
2.4 Provide mitigation guidance and coordinate resources to address response need and provide response in
community areas with high instances of disease;
2.5 Provide testing on demand to high-risk facilities and other community settings; and
2.6 Provide direct guidance and consultation to high-risk setting facilities including long term care, skilled nursing,
outpatient clinic, hospitals, schools, government, airports, and other critical infrastructure.
3.
SCOPE OF SERVICE:
MCDPH will investigate cases and conduct contact tracing, respond to disease clusters in high-risk setting, provide
community testing for targeted areas and high-risk setting and provide guidance and recommendations to key facilities
and critical infrastructure.
4.
TASKS:
4.1 Maintain a pandemic response structure capable of minimizing the spread of the disease in the community through
adequate staffing and a response structure;
4.2 Investigate COVID-19 cases and conduct contact tracing within twenty-four (24) hours of laboratory confirmed
positive case notification;
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4.3 Respond to disease clusters in high-risk settings to provide mitigation guidance and resources necessary to control
the spread of the disease and coordinate PPE, housing, food delivery, decontamination and other services as
required;
4.4 Provide community testing for targeted areas and high-risk settings through contractors that addresses outbreaks in
high risk settings including long term care facilities, schools, jails, shelters, and other congregate settings; and
4.5 Provide guidance and recommendations to key facilities and critical infrastructures, including but not limited to long
term care facilities, hospitals, government entities, airports and other key facilities.
5.
APPROVALS:
5.1 Capital Equipment (Single item purchase of $5,000 or more) purchased for the program: A written request shall be
submitted to ADHS for review and approval prior to any purchase on a case-by-case basis. The written request shall
include details of how the proposed purchase supports current approved scope of work;
5.2
All marketing materials (the use of ADHS logo, brochures, posters, public service announcements, paid media,
videos, etc.) which have been developed, written, published, or recorded by the County and paid for with funds from
this award must be first approved by ADHS prior to the dissemination of such materials or airing or use of such
announcements; and
5.3
The County shall notify ADHS of any funding being redirected from the budget to other areas of the project or for
uses for prior approval, including any changes of the Scope of Work of the submitted project.
6.
DELIVERABLES:
6.1. Invoices submitted monthly within fifteen (15) days after the end of the preceding month. Invoices shall be emailed
to: invoices@azdhs.gov. A copy shall be submitted to Eugene Livar; and
6.2. Provide a weekly report to ADHS with the number of new cases, investigations conducted and completed contact
tracings conducted including compiling and reporting COVID-19 testing, case investigation, and contact tracing data
in ADHS-approved state investigation data management system or other approved format.
6.3. Quarterly progress report of all project activities and final summary report of project and milestones achieved
through project efforts.
7.
NOTICES, CORRESPONDENCE, REPORTS, AND INVOICES:
7.1. Notices, correspondence, reports, supporting documentation, and CERs from the CHD to ADHS shall be sent to:
Arizona Department of Health Services
Eugene Livar, MD, CIC
Chief, Bureau of Epidemiology & Disease Control
150 North 18th Avenue, Suite 100
Phoenix, Arizona 85007
Phone: (602) 364-3846
Email: Eugene.Livar @azdhs.gov
7.2. Notices, Correspondence, Reports and Payments from ADHS to the CHD shall be sent to:
Maricopa County Department of Public Health
Marcy M. Flanagan, DBA, Director
4041 North Central, Suite 1400
Phoenix, Arizona 85012
Phone: (602) 506-6601
Email: Marcy.flanagan@maricopa.gov
CONTRACT NUMBER
INTERGOVERNMENTAL AGREEMENT (IGA)
ATTACHMENT (A) - BOYCOTT OF ISRAEL DISCLOSURE
COVID-19 CASE INVESTIGATIONS AND CONTACT TRACING
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DESCRIPTION
UOM
TOTAL BUDGET
Salaries and Wages as costs are incurred
Monthly
$2,896,446.00
Fringe Benefits as costs are incurred
Monthly
$1,288,182.00
Supplies as costs are incurred
Monthly
$38,850.00
Professional and Outside Services as costs are incurred
Monthly
$312,800.00
Assistance to Others as costs are incurred
Monthly
$3,100,192.00
Indirect Costs as costs are incurred
Monthly
$763,647.00
TOTAL NOT TO EXCEED
$8,400,117.00
(for the 14 month budget period)
CONTRACT NUMBER
INTERGOVERNMENTAL AGREEMENT (IGA)
ATTACHMENT (A) - BOYCOTT OF ISRAEL DISCLOSURE
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BOYCOTT OF ISRAEL DISCLOSURE
Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the “Exempt
Solicitation, Contract, or Contractor” option below:
•
The Solicitation or Contract has an estimated value of less than $100,000;
•
Contractor is a sole proprietorship;
•
Contractor has fewer than ten (10) employees; OR
•
Contractor is a non-profit organization.
Pursuant to A.R.S. §35-393.01, public entities are prohibited from entering into contracts “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 goods or services from Israel.”
Under A.R.S. §35-393:
1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit
commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:
(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.
(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business
reason.
2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership,
limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent
company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.
3. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a
political subdivision of this State.
The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that
section. See A.R.S. §35-393.03.
In compliance with A.R.S. §§35-393 et seq., all offerors must select one of the following:
The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the contract, a boycott of
Israel in accordance with A.R.S. §§35-393 et seq. I understand that my entire response will become public record in accordance with
A.A.C. R2-7-C317.
The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. §§35-393 et seq.
Exempt Solicitation, Contract, or Contractor.
Indicate which of the following statements applies to this Contract:
Solicitation or Contract has an estimated value of less than $100,000;
Contractor is a sole proprietorship;
Contractor has fewer than ten (10) employees; and/or
Contractor is a non-profit organization.
COMPANY NAME
SIGNATURE OF PERSON AUTHORIZED TO SIGN
ADDRESS
PRINTED NAME
CITY
STATE
ZIP
TITLE