NATIVE HEALTH RFP CONTRACT.PDF

Maricopa County — Formal (2020-10-21)

View PDF Item 59 Meeting page

Extracted text (via pymupdf) 119556 characters
Contract #: 210132 
 
Page 1 of 36 
 
 
 
 
CONTRACT PURSUANT TO PH RFP 210132 
 
 
This Contract is entered into this 1st day of October 2020 by and between Maricopa County (“County”), a political 
subdivision of the State of Arizona, and Native Health, Inc. (“Contractor”) for the purchase of Re-Bid for Mass 
Immunization Services and Administration.   
 
1.0 
CONTRACT TERM: 
 
1.1 
This Contract is for a term of three (3) years, beginning on the 1st day of October 2020 and ending 
the 30th day of September, 2023. 
 
1.2 
The County may, at its option and with the agreement of the Contractor, renew the term of this 
Contract for additional terms up to a maximum of two (2) additional years, (or at the County’s sole 
discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after 
expiration).  The County shall notify the Contractor in writing of its intent to extend the Contract 
term at least sixty (60) calendar days prior to the expiration of the original contract term, or any 
additional term thereafter. 
 
1.3 
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 the 
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 Contractor 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. 
 
2.0 
PRICE ADJUSTMENTS: 
 
Any requests for reasonable price adjustments must be submitted sixty (60) calendar days prior to the 
Contract annual anniversary.  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 Contract. 
 
 
3.0 
PAYMENTS: 
 
3.1 
As consideration for performance of the duties described herein, County shall pay Contractor the 
total amounts agreed upon for each work assignment given.  
 
3.2 
Payment shall be made upon the County’s receipt of a properly completed invoice. 
 
3.3 
INVOICES:

Contract #:  210132 
 
Page 2 of 36 
 
3.3.1 
The Contractor shall submit one (1) 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 
• 
County bill-to name and contact information 
• 
Contract Serial Number  
• 
County purchase order number 
• 
Project name and/or number 
• 
Invoice number and date  
• 
Payment terms 
• 
Date of service or delivery 
• 
Quantity 
• 
Contract Item number(s) 
• 
Description of Purchase (product or services) 
• 
Pricing per unit of purchase 
• 
Total Amount Due 
  
3.3.2 
Problems regarding billing or invoicing shall be directed to the Department as listed on the 
Purchase Order. 
  
3.3.3 
Payment shall only be made to the Contractor by Accounts Payable through the Maricopa 
County Vendor Express Payment Program.  This is an Electronic Funds Transfer (EFT) 
process.  After Contract Award the Contractor shall complete the Vendor Registration 
Form located on the County Department of Finance Vendor Registration Web Site 
(http://www.maricopa.gov/922/Vendors). 
  
3.3.4 
Discounts offered in the contract shall be calculated based on the date a properly completed 
invoice is received by the County.  
  
3.3.5 
EFT payments to the routing and account numbers designated by the Contractor will 
include the details on the specific invoices that the payment covers.  The Contractor is 
required to discuss remittance delivery capabilities with their designated financial 
institution for access to those details. 
 
3.4 
APPLICABLE TAXES: 
 
3.4.1 
Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any 
installation labor on items that are not attached to real property performed by Contractor 
under the terms of this Contract, the installation labor cost and the gross receipts for 
materials provided shall be listed separately on the Contractor’s invoices. 
 
3.4.2 
State and Local Transaction Privilege Taxes: To the extent any State and local transaction 
privilege taxes apply to sales made under the terms of this Contract it is the responsibility 
of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of 
authority. 
 
3.4.3 
Tax Indemnification: 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, and require all subcontractors to hold Maricopa County harmless from 
any responsibility for taxes, damages and interest, if applicable, contributions required 
under Federal, and/or State and local laws and regulations, and any other costs including; 
transaction privilege taxes, unemployment compensation insurance, Social Security, and 
Worker’s Compensation. 
 
3.5 
TAX (SERVICES):

Contract #:  210132 
 
Page 3 of 36 
 
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor 
to determine any and all applicable taxes.  
 
3.6 
STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): 
 
The County is a member of the $AVE cooperative purchasing group.  $AVE includes the State of 
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.  
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful 
Respondent under this solicitation, a member of $AVE may access a contract resulting from a 
solicitation issued by the County. 
 
3.7 
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s): 
 
County currently holds ICPA’s 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 procurement rules, 
processes and procedures. 
 
4.0 
AVAILABILITY OF FUNDS: 
 
4.1 
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. 
 
4.2 
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 ten (10) 
days in advance. 
 
5.0 
DUTIES: 
 
5.1 
The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing by 
the Procurement Officer. 
 
6.0 
TERMS AND CONDITIONS: 
 
6.1 
INDEMNIFICATION: 
 
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are 
not covered and paid by insurance purchased by the Contractor, the Contractor shall defend 
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, 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. 
 
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, 
agents, 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 there from, caused by negligent 
acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused

Contract #:  210132 
 
Page 4 of 36 
 
by the negligent acts or omissions of the Contractor, a subcontractor, any one 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. 
 
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 paragraph. 
 
The scope of this indemnification does not extend to the sole negligence of County. 
 
6.2 
INSURANCE: 
 
6.2.1 
Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated 
minimum insurance from a company or companies duly licensed by the State of Arizona 
and possessing a current A.M. Best, Inc. 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. 
 
 
 
6.2.2 
All insurance required herein shall be maintained in full force and effect until all work or 
service required to be performed under the terms of the Contract is satisfactorily completed 
and formally accepted.  Failure to do so may, at the sole discretion of County, constitute a 
material breach of this Contract. 
 
6.2.3 
Contractor’s insurance shall be primary insurance as respects County, and any insurance 
or self-insurance maintained by County shall not contribute to it. 
 
6.2.4 
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. 
 
6.2.5 
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. 
 
6.2.6 
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. 
 
6.2.7 
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. 
 
6.2.8 
Commercial General Liability: 
 
Commercial General Liability insurance and, if necessary, Commercial Umbrella 
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 
Products/Completed Operations Aggregate, and $4,000,000 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.

Contract #:  210132 
 
Page 5 of 36 
 
6.2.9 
Automobile Liability: 
 
Commercial/Business Automobile Liability insurance and, if necessary, Commercial 
Umbrella insurance with a combined single limit for bodily injury and property damage of 
not less than $2,000,000 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.  
 
6.2.10 
Workers’ Compensation: 
 
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.  
 
Contractor, its contractors and its subcontractors waive all rights against 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 contractors and its 
subcontractors pursuant to this Contract. 
 
6.2.11 
Professional Liability: 
 
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 
$3,000,000 aggregate claims. 
 
6.2.12 
Medical Malpractice: 
 
Medical Malpractice insurance and, if necessary, Commercial Umbrella insurance, which 
will insure and provide coverage for Medical Malpractice of the Contractor, with limits of 
no less than $3,000,000 for each claim. 
 
6.2.13 
Sexual molestation and physical abuse: 
 
The policy shall be endorsed to include coverage for sexual molestation and physical abuse 
at limits not less than $2,000,000.00 per occurrence and $4,000,000.00 aggregate. These 
limits may be included within a General Liability policy, Professional Liability policy or 
provided by separate endorsement with its own limits as required. Contractor must provide 
the following statement on their Certificate(s) of Insurance: “Sexual molestation and 
physical abuse coverage is included.” Policies/certificates stating that “Sexual molestation 
and physical abuse coverage is not excluded” do not meet this requirement. 
 
6.2.14 
Commercial General Liability – Occurrence Form 
 
6.2.14.1 Policy shall include bodily injury, property damage and broad form contractual 
liability coverage. 
 
a. The policy shall be endorsed to include coverage for physical/sexual abuse 
and molestation. 
 
b. The policy shall be endorsed to include the following additional insured 
language: "(_____), its subsidiary, parent, associated and/or affiliated 
entities, successors, or assigns, its elected officials, trustees, employees, 
agents, and volunteers shall be named as additional insureds with respect to

Contract #:  210132 
 
Page 6 of 36 
 
liability arising out of the activities performed by, or on behalf of the 
Contractor". 
 
6.2.14.2 Minimum Limits: 
 
General Aggregate 
$4,000,000  
Each Occurrence Limit 
$2,000,000 
Personal/Advertising Injury 
Sexual Abuse/Molestation 
$1,000,000 
$2,000,000 
 
6.2.15 
Certificates of Insurance: 
 
6.2.15.1 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. 
 
6.2.15.2 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. 
 
6.2.15.3 If a policy does expire during the life of the Contract, a renewal certificate must 
be sent to County fifteen (15) calendar days prior to the expiration date. 
 
6.2.16 
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 thirty (30) days prior written 
notice to Maricopa County. Contractor must provide to Maricopa County, within two (2) 
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 320 West Lincoln Street, Phoenix, AZ 
85003, or emailed to the Procurement Officer noted in the solicitation. 
 
6.3 
FORCE MAJEURE: 
 
6.3.1 
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 will include 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, interruption or failure of electricity or 
telecommunication service. 
 
6.3.2 
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.

Contract #:  210132 
 
Page 7 of 36 
 
6.3.3 
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. 
 
6.4 
INSPECTION OF SERVICES: 
 
6.4.1 
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. 
 
6.4.2 
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. 
 
6.4.3 
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: 
 
6.4.3.1 Require the Contractor to take necessary action to ensure that future performance 
conforms to Contract requirements; and 
 
6.4.3.2 Reduce the Contract price to reflect the reduced value of the services performed. 
 
6.4.4 
If the Contractor fails to promptly perform the services again or to take the necessary action 
to ensure future performance in conformity with Contract requirements, County may: 
 
6.4.4.1 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 
 
6.4.4.2 Terminate the Contract for default. 
 
6.5 
ORDERING AUTHORITY: 
 
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of 
Procurement Services, a Purchase Order issued by the using Department or direction by a Certified 
Agency Procurement Aid (CAPA) with a Purchase Card for payment. 
 
6.6 
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION: 
 
6.6.1 
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. 
 
6.6.2 
Contractors agree 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. 
 
6.7 
PURCHASE ORDERS: 
 
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

Contract #:  210132 
 
Page 8 of 36 
 
County will not reimburse the Contractor for any costs incurred after receipt of County notice of 
cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. 
 
6.8 
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. 
 
6.9 
STOP WORK ORDER:  
 
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 ninety (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 is 
delivered to the Contractor, or within any extension of that period to which the parties shall have 
agreed, the Procurement Officer shall either:  
 
6.9.1 
Cancel the stop work order; or  
 
6.9.2 
Terminate the work covered by the order as provided in the Default, or the Termination for 
Convenience clause of this Contract. 
 
6.9.3 
The Procurement Officer may make an equitable adjustment in the delivery schedule 
and/or Contract price, or otherwise, 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. 
 
6.10 
TERMINATION FOR CONVENIENCE: 
 
Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar days 
advance notice to the Contractor. 
 
6.11 
TERMINATION FOR DEFAULT: 
 
The County may, by written notice of default to the Contractor, terminate this Contract in whole or 
in part if the Contractor fails to: 
 
6.11.1 
Deliver the supplies or to perform the services within the time specified in this Contract or 
any extension;  
 
6.11.2 
Make progress, so as to endanger performance of this Contract; or  
 
6.11.3 
Perform any of the other provisions of this Contract.  
 
The County’s right to terminate this contract under these subparagraphs may be exercised if the 
Contractor does not cure such failure within ten (10) business days (or more if authorized in writing 
by the County) after receipt of the notice from the Procurement Officer specifying the failure. 
 
6.12 
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:

Contract #:  210132 
 
Page 9 of 36 
 
 
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without 
penalty or further obligation within three years after execution of the Contract, if any person 
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf 
of the County is at any time while the Contract or any extension of the Contract is in effect, an 
employee or agent of any other party to the Contract in any capacity or consultant to any other party 
of the Contract with respect to the subject matter of the Contract.  Additionally, pursuant to A.R.S 
§ 38-511 the County may recoup any fee or commission paid or due to any person significantly 
involved in initiating, negotiating, 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. 
 
6.13 
CONTRACTOR LICENSE REQUIREMENT: 
 
6.13.1 
The Contractor shall procure all permits, insurance, licenses and pay the charges and fees 
necessary and incidental to the lawful conduct of his/her business, and as necessary 
complete any required certification requirements,  required by any and all governmental or 
non-governmental entities as mandated to maintain compliance with and in good standing 
for all permits and/or licenses.  The Contractor shall keep fully informed of existing and 
future trade or industry requirements, Federal, State and Local laws, ordinances, and 
regulations which in any manner affect the fulfillment of a Contract and shall comply with 
the same. Contractor shall immediately notify both Office of Procurement Services and the 
Department of any and all changes concerning permits, insurance or licenses. 
 
6.14 
LICENSURE/CERTIFICATION 
6.14.1 
Contractor shall comply with all applicable provisions of law and other rules and 
regulations of any and all governmental, accrediting and/or regulatory authorities relating 
to the licensure and regulation of health care providers and physicians. 
6.14.2 
Upon request, Contractor agrees to allow County, to the extent permitted by law, access to 
credentials of Qualified Physicians and Qualified Providers who are providing services to 
Department under the terms and conditions of this Contract. 
6.14.3 
Contractor expressly agrees that it shall comply with all rules, regulations, orders, standards 
and interpretations promulgated pursuant to the Occupational Safety and Health Act of 1970 
(and to the Occupational and Safety Health Act of the State of Arizona), including but not 
limited to training, provision of personal protective equipment, provision of post-exposure 
prophylaxis, adherence to appropriate lock out/tag out procedures, and providing all notices, 
material safety data sheets, labels, etc. required by the right-to-know-standard. 
 
6.15 
SUBCONTRACTING: 
 
6.15.1 
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 Contract Number and 
identify the job project. 
 
6.15.2 
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 
or the County has approved the increase.  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. 
 
6.16 
AMENDMENTS: 
 
All amendments to this Contract shall be in writing and approved/signed by both parties. The 
designated Procurement Officer shall be responsible for approving all amendments for Maricopa 
County. 
 
6.17 
ADDITIONS/DELETIONS OF REQUIREMENTS:

Contract #:  210132 
 
Page 10 of 36 
 
 
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. 
 
6.18 
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. 
6.19 
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. 
 
6.20 
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. 
 
6.21 
RIGHTS IN DATA: 
 
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. 
 
6.22 
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 may be viewed and 
downloaded 
at 
the 
Arizona 
State 
Library 
Research 
website 
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) 
which 
is 
hereby incorporated into this contract as if set forth in full herein. During the performance of this 
Contract, Contractor shall not discriminate against any employee, client or any other individual in 
any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 
 
6.23 
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 
 
6.23.1 
The undersigned (authorized official signing on behalf of  the Contractor) certifies to the 
best of his or her knowledge and belief that the Contractor, it’s current officers and 
directors; 
 
6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared 
ineligible, or voluntarily excluded from being awarded any contract or grant by 
any United States Department or Agency or any state, or local jurisdiction; 
 
6.23.1.2 have not within three (3) year period preceding this Contract;  
 
6.23.1.2.1 been convicted of fraud or any criminal offense in connection with 
obtaining, attempting to obtain, or as the result of performing a 
government entity (Federal, State or local) transaction or contract; and  
 
6.23.1.2.2 been convicted of violation of any Federal or State antitrust statues or  
conviction for  embezzlement, theft, forgery, bribery, falsification or

Contract #:  210132 
 
Page 11 of 36 
 
destruction of records, making false statements, or receiving stolen 
property regarding a government entity transaction or contract;  
 
6.23.1.2.3 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; and 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 have not within a three (3) year period preceding 
this Contract had any  public transaction (Federal, State or local) 
terminated for cause or default. 
 
6.23.1.3 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. 
 
6.23.2 
The Contractor shall include, without modification, this clause in all lower tier covered 
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier 
covered transactions related to this Contract.   
 
6.24 
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL 
IMMIGRATION LAWS AND REGULATIONS: 
 
6.24.1 
By entering into the Contract, the Contractor warrants compliance with the Immigration and 
Nationality Act (INA using e-verify) and all other Federal immigration laws and regulations 
related to the immigration status of its employees and A.R.S. §23-214(A).  The Contractor 
shall obtain statements from its subcontractors certifying compliance and shall furnish the 
statements to the Procurement Officer upon request.  These warranties shall remain in effect 
through the term of the Contract.  The Contractor and its subcontractors shall also maintain 
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and 
Control Act of 1986, as amended from time to time, for all employees performing work under 
the Contract and verify employee compliance using the E-verify system and shall keep a 
record of the verification for the duration of the employee’s employment or at least three (3) 
years, whichever is longer.  I-9 forms are available for download at USCIS.GOV. 
 
6.24.2 
The County retains the legal right to inspect Contractor and subcontractor employee 
documents performing work under this Contract to verify compliance with paragraph 6.24.1 
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. 
 
6.25 
INFLUENCE: 
 
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.  
  
An attempt to influence includes, but is not limited to: 
 
6.25.1 
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,

Contract #:  210132 
 
Page 12 of 36 
 
6.25.2 
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. 
 
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.   
 
6.26 
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO 
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS: 
 
6.26.1 
The Parties agree that this Contract and employees working on this Contract will be subject 
to the whistleblower rights and remedies in the pilot program on Contractor employee 
whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National 
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of 
the Federal Acquisition Regulation; 
 
6.26.2 
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. 
 
6.26.3 
Contractor shall insert the substance of this clause, including this paragraph, in all 
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). 
 
6.27 
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. 
 
6.28 
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR 
OTHER REVIEW: 
 
6.28.1 
In accordance with section MCI 371 of the Maricopa County Procurement Code the 
Contractor agrees to retain (physical or digital copies of) all books, records, accounts, 
statements, reports, files, and other records and back-up documentation relevant to this 
Contract for six (6) years after final payment or until after the resolution of any audit 
questions which could be more than six (6) years, whichever is latest.  The County, Federal 
or State auditors and any other persons duly authorized by the Department shall have full 
access to, and the right to examine, copy and make use of, any and all said materials. 
 
6.28.2 
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.  
 
6.29 
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.

Contract #:  210132 
 
Page 13 of 36 
 
6.30 
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. 
 
6.31 
CONFIDENTIAL INFORMATION: 
 
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. 
 
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 fifteen (15) 
calendar days of the written request to do so. 
 
Any requests to the Contractor for County proprietary or confidential information s shall be referred 
to the County for review and approval, prior to any dissemination. 
 
6.32 
PROTECTED HEALTH INFORMATION: 
 
In collecting, maintaining, using and disclosing information, contractor shall comply with all 
applicable federal and state laws and regulations which protect confidential health information, 
including, but not limited to the Health Insurance Portability and Accountability Act of 1996 
(HIPAA), 42 C.F.R. Part 2, A.R.S. §§ 18-551 (Data Security Breaches),  A.R.S. §§ 12-2291 et seq. 
(Confidentiality of Medical Records), and A.R.S. §§ § 36-661 et seq. (Confidentiality of 
Communicable Disease Information).  Contractor shall not act or fail to act in a way that would 
cause MCDPH to be noncompliant with applicable federal or state laws or regulations which protect 
confidential health information.  Contractor shall cooperate to mitigate, to the extent practicable, 
any harmful effect that is known to it of an unlawful or unauthorized use or disclosure of confidential 
health information.  To ensure the confidentiality of confidential health information, contractor shall 
be fully compliant, through automation and manual processes, with the standards for electronic 
transactions under HIPAA.  Contractor shall execute, and cause employees, subcontractors, and 
agents to execute, all applicable confidentiality agreements and SARA Alert System user access 
agreements, if deemed necessary by MCDPH.  Any system breaches, confirmed or suspected, shall 
be reported by Contractor to the MCDPH within 24 hours. 
 
6.33 
PUBLIC RECORDS: 
 
Under Arizona law, all Offers submitted and opened are public records and must be retained by the 
Records Manager at the 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. 
 
6.34 
PRICES:

Contract #:  210132 
 
Page 14 of 36 
 
 
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. 
 
6.35 
INTEGRATION: 
 
This Contract represents the entire and integrated agreement between the parties and supersedes all 
prior negotiations, proposals, communications, understandings, representations, or agreements, 
whether oral or written, express or implied. 
 
6.36 
RELATIONSHIPS: 
 
6.36.1 
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. 
 
6.36.2 
The County reserves the right of final approval on proposed staff for all Task Orders.  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 (2) business days, unless previously approved by the County. 
  
6.37 
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. 
 
6.38 
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. 
 
6.39 
INCORPORATION OF DOCUMENTS: 
 
The following are to be attached to and made part of this Contract: 
 
6.39.1 
Exhibit A, Pricing; 
 
6.39.2 
Exhibit B, Scope of Work;  
 
6.39.3 
Exhibit C, Business Associate Agreement 
 
 
NOTICES: 
 
All notices given pursuant to the terms of this Contract shall be addressed to: 
 
 
For County: 
 
Maricopa County Public Health 
ATTN:  Cheryl Bucalo  
4041 N. Central Avenue, #1400 
Phoenix, AZ 85012 
(602) 506-6886 
Cheryl.Bucalo@Maricopa.gov  
 
For Contractor: 
 
Native Health, Inc.  
ATTN: Susan Levy 
4041 N. Central Avenue, Building C 
Phoenix, AZ 85012 
(602) 279-5262 
SLevy@nachci.com

Contract #:  210132 
 
Page 15 of 36 
 
 
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

Contract #:  210132 
 
Page 16 of 36

Contract #:  210132 
 
Page 17 of 36 
 
EXHIBIT B 
 
Scope of Work 
 
 
Original Scope of Work from Solicitation: 
 
2.0 
SCOPE OF WORK:  
 
2.1 It is desired that any Contractor intending to provide immunization services to children under the 
terms of this third re-solicitation effort shall already be enrolled in the Vaccine for Children (VFC) 
program and be able to immunize children 6 months through 18 years of age as well as adults.    
 
2.1.1 
Contractors who are not currently enrolled in the program but are committed to enrolling 
and have already begun the process may also be accepted with the understanding that until 
such time their enrollment in the VFC program has been verified, MCDPH reserves the 
right to limit the work awarded to them. 
  
2.2 Contractor shall have and maintain throughout the period of performance, sufficient qualified staff to 
perform all functions related to administering immunizations, including but not limited to, patient 
registration, screening, and vaccinations. 
 
2.2.1 
Contractor shall ensure at least one bilingual staff person is available at each site. 
 
2.2.2 
Contractor shall verify and ensure all clinic staff members are licensed and/or certified to 
administer immunizations. 
 
2.2.2.1 In addition, all staff must be trained in the following: 
  
2.2.2.1.1 hands-on injection techniques. 
 
2.2.2.1.2 clinical evaluation of indications and contraindications of vaccines 
based on the Advisory Committee of Immunization Practices (ACIP). 
 
2.2.2.1.3 the recognition and treatment of emergency reactions to 
immunizations. 
 
2.2.2.1.4 Basic Life Support including possession of a current certification. 
 
2.2.2.1.5 Proper use of personal protective equipment (PPE), especially as it 
relates to proper protection from COVID-19 
 
2.3 Contractor shall provide vaccines at community sites such as schools, churches, community locations, 
and be prepared to immunize children, adults, and older adults.  
  
2.4 Contractor shall perform services at community-based clinic locations as directed by MCDPH ensuring 
the influenza vaccine is administered to clients based on the current ACIP recommendations. These 
include administering the vaccine to anyone 6 months of age and older. 
 
2.5 Contractor shall work with representatives of the chosen locations to discuss cost, insurance, set-up 
and tear down requirements, and any other information that may be required for each location.  
 
2.5.1 
Contractor shall enforce current social distancing guidelines as set forth by Centers for 
Disease Control (CDC) and/or Arizona Department of Health Services (ADHS). 
  
2.5.2 
Contractor shall provide all clients with a safe, temperature-controlled environment in 
which to wait for services.

Contract #:  210132 
 
Page 18 of 36 
 
 
2.5.3 
All locations shall be American Disabilities Act (ADA) compliant and clients with 
Disabilities or Access and Functional Needs (DAFN) shall be able to access the clinic 
without the need for accommodation. 
  
 
2.6 Contractor shall obtain sufficient Influenza vaccine (defined as the number of vaccinations the 
Contractor is intending to provide under the terms of this contract) and properly store it until used.  
 
2.7 Contractor shall transport vaccines to community clinics in a manner consistent with manufacturer’s 
recommendations and in a qualified container designed for vaccine transport. Contractor shall ensure 
the vaccines always remain within the temperature range recommended by the CDC and its 
manufacturer. 
 
2.7.1 
Contractor shall always ensure proper storage of vaccine based on manufacturer’s 
requirements. If at any time, or for any reason, Contractor believes that a malfunction 
might have occurred and the vaccine’s temperature has failed to remain in compliance 
with the proper storage requirements, Contractor shall immediately notify MCDPH.  
 
2.7.1.1 Temperatures shall be monitored on-site using a continuous temperature 
recording device as recommended by the CDC. MCDPH recommends the use of 
a digital data logger. 
  
2.8 Contractor shall provide all supplies needed to administer the vaccine in accordance with ACIP and 
MCDPH recommendations.  They shall also ensure staff utilize appropriate PPE while conducting 
work under the terms of this contract. All PPE shall be used as indicated and in accordance with 
current MCDPH and/or CDC guidelines or best practices. 
 
2.8.1 
Confirmation that all supplies and materials used conform to governmental industry 
standards and either meet or exceed the minimum performance requirements in use at 
their time of service shall be declared and agreed to. 
 
2.8.2 
Supplies that have yet to receive approval but have been granted an Emergency Use 
Authorization (EUA) must maintain a copy of the EUA on file. Current EUAs in use may 
be found at https://www.fda.gov/medical-devices/emergency-situations-medical-
devices/emergency-use-authorizations#covid19ivd 
 
2.8.3 
MCDPH may have a limited supply of vaccines and/or personal protective equipment 
(PPE) to provide to Contractors, however proposals should not assume these items will 
be available.  
 
2.8.3.1 Any supplies provided to the Contractor may be charged against the final 
invoice decreasing the total amount paid for each unit of service. These amounts 
shall be discussed and agreed upon in advance of MCDPH providing Contractor 
supplies. 
 
2.9 Contractor shall perform all requested vaccinations on the population(s) identified by MCDPH and in 
accordance with the following ACIP guidelines and recommendations: 
 
2.9.1 
Contractor shall screen all patients for medical contraindications and allergies for the 
vaccines(s) being offered at the clinic. 
 
2.9.2 
Contractor shall follow manufacturers’ instructions for correct age, injection dose, site, 
and route. 
 
2.9.2.1 Contractor shall provide quadrivalent vaccine to Maricopa County residents 
aged 6 months and above. 
 
2.9.2.2 Contractor shall provide high dose vaccine for people 65 years of age and older

Contract #:  210132 
 
Page 19 of 36 
 
 
2.9.3 
Contractor shall document each immunization with name of person being vaccinated; 
date of birth; vaccination date; vaccination type; lot number; manufacturer; patient 
receipt of most up to date Vaccine Information Statement (VIS), including edition date 
and date VIS was provided; injection site; vaccination route; dosage; and name, title, and 
office/company address of person who administered the vaccine. 
 
2.9.4 
Contractor shall provide patients with documentation of immunization for their personal 
records and to share with their medical providers. 
 
2.9.5 
Contractor shall report any adverse events to the Vaccine Adverse Event Reporting 
System (VAERS): https://vaers.hhs.gov/index 
 
2.10 Contractor shall provide the necessary immunizations to anyone requesting a vaccine regardless of 
their ability to pay or the applicability of any insurance. All immunizations provided shall be 
documented and provided to MCDPH monthly for potential compensation.  
 
2.11 Contractor shall submit for reimbursement to all major health plans, AHCCCS, Medicaid, and 
Medicare plans.  Contractor shall include a list of all health care plans they currently work with in their 
proposal. The inability to bill all health plans does not prevent a Respondent from being awarded a 
contract. 
 
2.12 Contractor shall report all Influenza vaccines administered to the Arizona Immunization Information 
System within 30 days of administration. 
  
2.13 Contractor shall provide a community clinic report form to MCDPH within 24 hours of each 
vaccination clinic by email or fax. 
 
2.14 Contractor shall accept compensation based on the per unit costs as shown in Attachment A, Pricing 
Sheet. 
 
2.14.1 
Payment of a flat rate for each vaccine given and a pre-determined administration fee shall 
be made for each uninsured/underinsured patient 18 years of age or older. 
  
2.14.2 
For children under the age of 18 and not covered by a commercial health plan, the Contractor 
shall be paid an administration fee only. No reimbursement shall be made for any vaccines 
given for children under the age of 18.    
 
2.15 Other Services: 
 
MCDPH is aware that there may be other related services not included above that may be useful to the 
County.  In your proposal, you are invited to explain such services and your firm’s qualifications for 
such.  Include these additional services and their corresponding hourly rates in your proposal.  
 
 
Contractor’s Response: 
 
Executive Summary 
 
Native Health, Inc. (the "agency") is a non-profit urban Indian health center and a federally qualified health center 
serving the metropolitan Phoenix, Arizona area, and it is licensed as an integrated outpatient facility by Arizona 
Department Health Services. Native Health is accredited by the Accreditation Association of Ambulatory Health 
Care (AAAHC). 66% of Native Health's patients are Medicaid recipients. A significant portion of patients are 
American Indian/Alaskan Native.

Contract #:  210132 
 
Page 20 of 36 
 
Founded as a grass roots organization through community activism to address disparities in health among 
American Indians, the agency serves as a healthcare resource and provides a voice for the local urban American 
Indian population. Agency services include primary care, dental care, podiatry, optometry, diabetes education, 
integrated behavioral health, and numerous other health and wellness services. Patients and their families are at the 
center of care. 
The agency works with numerous providers that serve as resources for services the agency does not provide. As a 
primary care provider the agency is engaged with a multitude of healthcare specialists ranging from prenatal and 
delivery services, to oncologists and orthopedic providers. Native Health has significant collaborative relationships 
with agencies that provide services targeted to American Indians and other underserved minority. 
The COVID-19 pandemic has created a significant need in the community for influenza vaccination for the 
upcoming flu season. Native Health is currently engaged in an emergency contract with MCDPH to provide 
influenza vaccination to select population within Maricopa County. These community projects are pre-determined 
by Maricopa County and are delivered as a scope of work through task orders that the agency must respond to. 
Native Health proposes to continue providing these services through the same processes established under the 
emergency contract. 
With each assigned community event the agency will conduct a pre-planning assessment to determine the locations, 
dates, and times as well as volume of vaccinations are feasible. The Practice Manager of Native Health Central will 
reach out to the event coordinators and request for additional infomation such as preferred event platform, changes 
to dates and times, and confirmation of target population language needs, age and volume. These will inform the 
team of details required for preparation including type of vaccine used and number of team members deployed. 
The team will provide on-site accommodations as negotiated with the specific event coordinators, such as event 
infrastructure and PPE. The Community Projects Team wilt ensure that all supplies specific to vaccination are 
ready and available for each event. The agency Marketing Team will deploy marketing materials to the event 
coordinator at least seven days prior to the event and will ensure that the registration link is active for that 
specific event. Once deployed the team will follow best practices related to event coordination including 
greeting, check-in and registration, screening, and vaccine administration. These activities will be modified for 
vaccination platform such as walk-up events or drive through events. The team will ensure that vaccines are 
appropriately secured in transit and during the event, maintaining the integrity of the vaccine is of utmost 
importance to ensure wastage does not occur. 
Each vaccine will be clearly labelled and documented for use at the event. Each vaccination will be appropriately 
tracked and documented upon administration. The RN Manager at each event will ensure that client information is 
kept private and in accordance with HIPPA insurance information will be forwarded to Native Health Billing 
department to determine if the qualified insurance can be billed. The RN Manager and Native Health Central 
Practice Manager will provide the MCDPH with appropriate reports after each event and will report all vaccinations 
to ASIIS within the allotted time. The Native Health VFCNFA Coordinator may be required to complete this task. 
The agency CFO will ensure that all events are billed accurately and that each vaccination is verified for insurance 
eligibility and billed for vaccine and that MCDPH is billed for vaccine or vaccine administration as appropriate. 
 
2.0 Scope of Work 
 
2.1 
Native Health, Inc. is enrolled in the Vaccine for Children's (VFC) Program and immunizes children six 
months through 18 years of age as well as adults. Through the VFC, Native Health provides vaccines to 
children whose parents or guardians are unable to afford them, to this end, Native Health endeavors to protect 
babies, young children, and adolescents from diseases such as the MMR, Tdap, HepB, Hib, etc. The agency 
conducts weekend wellness clinics for children. 
2.2 
Native Health, Inc. will maintain on staff, throughout the project period. qualified staff to perform all 
functions related to administering immunizations, including but not limited to patient registration, screening, 
and vaccinations.

Contract #:  210132 
 
Page 21 of 36 
 
Native Health will perform mass immunizations through a team assembled specifically for tasks involving 
the community, herein termed "the Community Project Team". The agency will deploy a team that includes 
an RN Manager and up to three Medical Assistants. The team has been active since July 2020 conducting 
COVID testing events in Maricopa County and on Tribal lands in northern Arizona. They have 
demonstrated success in these mass testing events and more recently will be conducting a mass influenza 
vaccination event in a tribal community in Maricopa County. They have developed best practices that will 
enable them increased efficiency in future events. 
Patient registration will be conducted for all individuals receiving vaccinations. When at all possible, this 
information will be gathered prior to the event. Native Health maintains a webpage for a fillable fom that 
enables staff to conduct patient registration prior to events. The details captured will enable the agency 
billing department to collect from eligible carriers. The Community Projects Team will also conduct on-site 
patient registration at immunization events for individuals that do not have access to the online portal. 
 
Prior to any vaccination, the Medical Assistants will conduct a patient screening. The screening will include 
vitals assessment for fever and a screening for symptoms. These screening results will be recorded and 
tracked on the online patient registration form. This information will not be accessible to anyone other than 
the project team. These details are embedded within the form to link to the agency's electronic health record. 
Vaccinations will be conducted by appropriate certified and qualified personnel, this includes all personnel 
on the Community Projects Team. These individuals will ensure that vaccine is safe to use, is not expired, 
and contains no obvious discolorations, odors, or breakage of the container. The personnel will ensure that 
infection control supplies are on-site, such as biohazard containers, hand hygiene supplies, bandages, 
alcohol wipes, needles, syringes, sharps container, etc. The team will try to provide reasonable 
accommodation for privacy, for example, privacy screens or separate designated areas for administration. 
The staff will provide the VIS sheet to all patients/parents before vaccination, double check that vaccine is 
not expired before administration, verify patient's identifying information, verify correct dosage, report any 
errors or injuries to the Practice Manager or Supervising RN. If applicable, and feasible, the Community 
Projects Team will designate a separate area for observation after vaccination for patients/families. 
Thereafter the team will document each person vaccinated with date, vaccine type, lot number, 
manufacturer, injection site, vaccination route, dosage, and administrator name and location of event. VIS 
sheets and documentation of vaccination will be provided to the patient/family for their own reference and 
personal records. 
 
2.2.1 
Native Health maintains on staff several bilingual medical assistants that serve on the 
Community Projects Team. The demonstration of their capacity to speak Spanish was 
demonstrated in the interviews and practiced in the field. The recent work in the 
Guadalupe community demonstrated this capacity. The agency will also provide all 
material including promotional fliers, patient registration and consent forms, as well as 
the VIS sheet in the Spanish language. 
2.2.2 
The Community Projects Team is supervised by the Practice Manager of Native Health 
Central, Patricia McKay. She will provide oversight for the work conducted by the 
Registered Nurse Manager, Amber Martinez. Amber served as the RN Manager for 
Native Health Central before transitioning over to the Community Projects Team. Amber 
will supervise three Medical Assistants who applied to these specific community project 
positions. All team members have been processed through the agency credentialing 
department and were found with no issues. 
• 
As a part of the credentialing process to perform on the Community Projects 
Team, staff are required to demonstrate that they have the training and 
certifications for injection techniques; clinical evaluation of indications and 
contraindications of vaccines based on the ACIP; recognition of emergency

Contract #:  210132 
 
Page 22 of 36 
 
reactions to immunizations; basic life support certifications; and proper use of 
PPE. 
Staff maintain current licensure as registered nurses or medical assistants. The 
RN Manager provided assistance to staff while developing the registration form 
citing contraindications such as anaphylactic reactions to latex, eggs or egg 
products; allergic reactions to thimerosal; previous reaction to a previous dose 
of influenza vaccine; current or existing moderate to severe illness; and a 
history of Guillan-Barre Syndrome. Other contraindications were also 
identified that were specific to women including pregnancy and evidence of 
lymph nodes. 
The Community Projects Team will also educate on potential adverse reactions 
such as slight tenderness, redness or induration at injection site; systemic 
symptoms such as fever, myalgia, etc. The staff has been trained to administer 
life-saving and basic lifesaving supports to people suffering adverse reactions. 
The team will ensure that an emergency medical kit is available that includes 
epinephrine and equipment for maintaining an open airway on site for the 
duration of the event. 
The Community Projects Team has been involved with COVID-19 testing 
projects in several Maricopa County based events, including in the town of 
Guadalupe, and several ADHS funded testing blitz'. These events included 
multiple methods of deployment including in the home, walk-up, drive 
through, and within the clinic. With each type of event, PPE use has played a 
huge factor. The team is efficient at donning and doffing PPE. 
Relative to COVID, PPE is changed between each test provided in a walk-up 
setting. This includes face shield, N95, gloves, and gown. In a home setting, 
PPE is exchanged between households while gloves are exchanged between 
tests. In a drive through setting, PPE is exchanged between vehicles while 
gloves are exchanged between tests. While administering vaccine is not as 
invasive as a nasal pharyngeal swab, PPE will be used with precaution while 
maintaining sufficient barrier to infection. 
2.3 
Native Health will provide vaccines at community sites such as schools, churches, community locations, and 
will be prepared to administer vaccines to children, adults, and older adults. 
Native Health maintains an existing relationship with Mesa Public and Osborne School Districts as well as 
ASU and Maricopa Community Colleges. Existing relations include work with parent organizations, 
behavioral health counseling, youth resiliency support groups, and other wrap-around services for parents of 
students. The agency has provided vaccine events at these locations in the past and will work with these 
organization to provide vaccination to youth and their families. 
The agency conducts vaccination through the VFC program, the Indian Health Service stock, as now recently 
through a supply of vaccination obtained from the Maricopa County Public Health Department (MCDPH). 
These vaccines are available for the urban Indian population at no cost, existing patients of Native Health, and 
any person who requests vaccination, either at no cost or a minimal cost of $20. MCDPH vaccines are 
provided at no cost to individuals but cost of administration is billed to third party as elected. 
The agency maintains an emergency Fluvax contract with the MCDPH to provide influenza vaccinations across 
various organizations in the form of task orders. In fact, the agency will be conducting open and closed events 
across the county. The Team has four events scheduled to be conducted in older adult communities in the West 
Valley. These event will be provided in an outdoor walk-up setting.

Contract #:  210132 
 
Page 23 of 36 
 
2.4 
Native Health will perform services at clinic locations including Native Health Central, Native Health West, 
and Native Health Mesa. Vaccines will be available for all ages based on ASIP recommendation. The agency 
will deploy the Community Projects Team to community-based clinic and non-clinic locations identified by 
the MCDPH by task order or contract. The agency will meet with local representatives and coordinate 
logistics for a successful event. 
2.5 
Native Health will work with site specific event coordinators, outside of Native Health, to address logistics of 
the vaccination event. This will include other community health centers, hospital, older adult living 
communities, nursing homes, preschool and Head Start facilities, colleges, other community based 
organizations, and other government bodies. Presently the agency is engaged with the MCDPH, an older adult 
living community, and two Tribal nations to deliver influenza vaccine or COVID testing. 
If requested the agency will enter into a subcontractor agreement to provide services. The subcontractor 
agreement will include details such as cost to the client for vaccine administration, event location, event 
timing, administration platform (drive-through or walkup), target audience, delivery of registration form 
(online or in-person), number of vaccinations requested, event set-up details such as equipment and number 
of staff present, and PPE requirements of staff and clients. 
2.5.1 
Native Health will enforce social distancing requirements at each event. The event will be set-up 
to ensure that grouping of individuals does not occur. The agency will enforce that all people 
present don appropriate PPE, this includes the clients. The agency will also clearly label where 
individuals waiting for services should wait and ensure that if a bottle neck occurs for registration 
that there is enough space to provide for adequate social distancing of six feet or more between 
people in line. If during a walk-up event, chairs are required for individuals that are waiting, the 
chairs will be spaced at appropriate lengths from each other and wiped down with cavicide wipes 
between each use. Within the clinic setting, the agency will only allow the person being 
immunized to enter the facility. Unless the vaccine is administered to a minor a parent/guardian 
will be permitted to be present. 
2.5.1 
Native Health ensure that each event is subject to a safe, temperature-controlled 
environment. Waiting areas will be designed for social distancing measures, be covered, 
cooled and/or heated accordingly based on weather. Outdoor events will be encouraged 
based on the mild temperatures and decreased risk for COVID transmission in outdoor 
environments. To ensure proper hydration clients that are waiting will be offered water 
at no cost. 
2.5.2 
Native Health will ensure that all locations shall be American Disabilities Act (ADA) 
compliant. The agency will also ensure that clients with disabilities or access and 
functional needs are able to access the clinic/event. Examples of access and functional 
needs include the visually impaired, deaf and hard of hearing, mobility impaired, 
nonEnglish speaking persons, people without vehicles, single working parents, people 
with medical conditions, people with intellectual disabilities, and women who are 
pregnant. The project team will engage the agency Human Resources departments as 
well as other local entities for guidance on how to ensure proper accommodations are 
available. 
All registration forms and VIS sheets will be provided in English and Spanish. The forms 
and VIS will also be read to patients that are visually impaired or demonstrate other 
functional need. 
2.6 
Prior to each vaccination event, the agency will deploy pre-planning efforts to obtain details specific to each 
request for vaccination. This includes information such as the number of vaccines they estimate will be 
needed. The Team will ensure that these vaccines are in stock and available for use. The Team will meet with

Contract #:  210132 
 
Page 24 of 36 
 
the VFC/VFA Coordinator at Native Health Central to ensure that the proper amount of vaccine is available 
in the dosages requested. The vaccines will be logged to the event they are deployed to. 
Vaccines are stored in the Accuvax dispensary and this is maintained by the VFC/VFA Coordinator at Native 
Health Central. The Accuvax ensures that temperatures are maintained at approximately 40 degrees and keeps 
an accurate count of vaccines inventory and vaccine dispensed. 
 
2.7 
Vaccines will be stored properly for as long as possible before transporting to the administration site the team 
will reference the CDC Vaccine Storage and Handling Toolkit. Vaccine storage temperature will be recorded 
prior to transport, during transport, and at least three times while at the event location. To this end, the team 
will utilize coolers to transport vaccines and ensure that a digital data logger or temperature monitor is placed 
with the vaccines and is monitoring vaccine temperatures during transport. 
2.7. I Proper storage of the vaccine will include maintaining the vaccine at proper temperatures, 40 degrees; 
making sure that all vaccines are well labelled and kept in the original packaging; and stored in the center 
of the refrigeration unit. In the event that the vaccine temperatures failed to remain in compliance, the 
team will notify MCDPH, discard the affected vaccine, and properly record lot numbers. 
2.8 
Native Health will ensure that all supplies needed during administration of the vaccine are available. This can 
include items such as: 
• 
Event infrastructure: tents, tables, chairs, canopies, privacy screens, electricity, internet accessibility, and 
water. These can be accommodated by Native Health or event coordinator/requestor, or MCDPH. 
• 
Prescreening/Greeting: name tags, laptops, printer, signage for entrance, exit signage, screening signage, 
registration signage, site administration signage, registration forms, general office supplies such as pens, 
paper, clipboards, etc. 
• 
Administration: First Aid Kit, biohazard containers, sharps container, alcohol wipes, stethoscopes, blood 
pressure cuff, timers/watches, thermometers, gauze/bandages, tissue boxes, epinephrine, benedryl, etc. 
• 
Sanitizing products: cavicide wipes, paper towels, cleaners, disinfectant, garbage bags. 
• 
Personal Protective Equipment such as gowns, gloves, N95 masks, face shields, and shoe covers (shoe 
covers if vaccination is to occur in a home environment). Provision of PPE will be requested from 
MCDPH while conducting work on task orders provided through community projects. 
2.8. I Native Health will ensure that all supplies and materials used will conform to governmental industry 
standards. The agency has maintain and used a supply inventory that conforms to industry standards. 
Federal funding agencies, such as HRSA and the Indian Health Service, require nothing less. 
2.8.2 Native Health will refrain from utilizing supplies that have yet to receive approval. Supplies that have 
been granted an Emergency Use Authorization, such as a potential COVID vaccination, will be recorded 
with the EUA and the EUA will be maintained in agency files. 
2.8.3 Native Health is cognizant that PPE and vaccine supplies received may be charged against the final 
invoice. To this end, Native Health will demonstrate precaution before utilizing PPE and transport of 
vaccine to avoid wastage. The agency will also utilize other funding sources to supplement PPE and 
vaccine if that is needed. 
2.9 
Native Health will perform all requested vaccinations on the population(s) identified by MCDPH and in 
accordance with ACIP guidelines and recommendations: 
2.9. I Native Health will screen all patients for contraindications and allergies for the vaccine being offered. 
The contraindications are identified on the registration form that is provided online at 
https://www.nativehealthphoeni.x.org. The contraindications are specific for each type of vaccine

Contract #:  210132 
 
Page 25 of 36 
 
provided and the contraindication on the online form is specific to the flu. At each event the Medical 
Assistants will screen patients for contraindications, ensure they are not symptomatic, and record all 
information on the registration form to be uploaded into the agency electronic health record. 
2.9.2 Prior to transport of the vaccine to the event site the vaccine will be checked for correct type of vaccine, 
expiration, and dosage. Prior to administration of the vaccine the administrator will check again the type 
of vaccine, expiration date, and dosage to verify that the correct vaccine is given in the adequate dosage. 
The administrator will also verify the identity of the patient, the age of the patient, and that there are no 
contraindications. The patient or parent/guardian will be provided the VIS sheet to refer to. VIS Sheets 
will be provided in English and Spanish. 
2.9.2. 1 Native Health is a certified VFC/VFA provider and will provide vaccine to 
Maricopa County residents six months and above. The agency will ensure that 
registration forms capture the age and residence of patients. 
2.9.2.2 In populations 65 and over, Native Health, will provide the high does vaccine. Native 
Health will ensure that a proper inventory of high dose stock is available. 
2.9.3 Vaccinations will be conducted by appropriate certified and qualified personnel, this includes all 
personnel on the Community Projects Team. These individuals will ensure that vaccine is safe to use, is 
not expired, and contains no obvious discolorations, odors, or breakage of the container. The personnel 
will ensure that infection control supplies are onsite, such as biohazard containers, hand hygiene 
supplies, bandages, alcohol wipes, needles, syringes, sharps container, etc. The team will try to provide 
reasonable accommodation for privacy, for example, privacy screens or separate designated areas for 
administration. The staff will provide the VIS sheet to all patients/parents before vaccination, double 
check that vaccine is not expired before administration, verify patient's identifying information, verify 
correct dosage, report any errors or injuries to the Practice Manager or Supervising RN. 
2.9.4 The team will document each person vaccinated with date, vaccine type, lot number, manufacturer, 
injection site, vaccination route, dosage, and administrator name and location of event. VIS sheets and 
documentation of vaccination will be provided to the patient/family for their own reference and 
personal records. 
2.9.5 The Community Projects Team will designate a separate area for observation after vaccination for 
patients/families, if feasible. This is to observe for any adverse reaction. Most often patients will be 
asked to self-monitor for up to 15 minutes while remaining on-site or in close proximity. In the event 
of an adverse reaction the team will render first aid up to conducting life-saving measures. The team 
will report any adverse events to the Vaccine Adverse Event Reporting System (VAERS). 
2.10 
Native Health will document and log all vaccines provided. Native Health received a batch of vaccine from 
MCDPH that will be used to support community projects involving County residents. The vaccine will be 
provided at no cost to the recipient. Administration of the vaccine will be charged to the patients insurance. If 
uninsured and underinsured the agency will submit to the MCDPH for administration costs. Native Health will not 
turn anyone away from receiving services. Out of county requestors will be assigned a vaccine from the Indian 
Health Serv ice inventory or other stock. Indian Health Service inventory is available to any American 
Indian/Alaska Native and can also be provided to non-Natives for a minimal fee. 
2.11 
Native Health intends to collect for reimbursement from all major health plans. This includes AHCCCS, CHIP, 
Medicaid, and Medicare Plans. At this time, the agency is not able to bill to Medicare but will work with our Third 
Party Billing Department to build that capacity. 
2.12 
Native Health reports all influenza vaccines administered to the AllS within 30 days of administration. This is in 
accordance to VFC/VFA guidance as well as HRSA and IHS requirements. The VFC/VFA Coordinator at Native 
Health Central ensures that this is completed accordingly. All vaccinations conducted with Maricopa County 
vaccine and through the task orders will be reported to AllS within the 30 day threshold.

Contract #:  210132 
 
Page 26 of 36 
 
2.13 
Native Health will track all data pertinent to each vaccination event. The Community Projects Team will provide 
data to the agency Practice Manager who will ensure that the appropriate forms and reports are provided to 
MCDPH within 24 hours of each vaccination clinic. These transmissions will occur via email or fax. 
2.14 
Native Health agrees to accept compensation based on the unit costs identified in the Attachment A, Pricing Sheet. 
This includes payment at a flat rate for each vaccine given. A predetermined administration fee will be accepted 
for each uninsured/underinsured patient 1 8 years and older. Relative to patients under the age of 1 8, the agency 
will accept an administration fee only for children not covered by a commercial health plan. 
2.15 
Other services that Native Health may provide include COVID Testing utilizing the PCR Nasal Swab and 
Antibody testing utilizing NextGen labs. The pricing for these items is under negotiations at this time and is 
estimated to be approximately $75 for the COVID test and $55 for the Antibody test. These prices are not 
concrete. The Community Project Team is capable of providing these test in addition at flu vaccination events. 
These test can be conducted collaboratively at these events with other funding sources available to Native Health. 
In addition, the agency is available to provide food boxes and toiletry kits to patients that present at these outreach 
events. COVID funding from multiple sources allows for the agency to provide these resources if needed and 
feasible at events identified. The Food Program Coordinator at Native Health Central may deploy an assistant to 
transport and deliver food boxes to each event and aid in dispersal. 
Qualifications — 
Native Health current is working under an emergency contract with MCDPH to conduct influenza vaccinations in targeted 
population in Maricopa County. The agency is familiar with the task order process and responding and confirming 
task orders in Qualtrics. The agency completed the first of several influenza vaccinations in the town of 
Guadalupe where over 100 influenza vaccinations were completed. The town representative and Pasqua Yaqui 
Behavioral Health Director is listed as references to provide further details on agency performance. 
In the past, prior to COVID, the agency conducted mass influenza vaccination for agency staff and in outreach events 
throughout the county, partners included Arizona State University and Mesa Unified School District. As a 
VFC/VFA provider. the agency has conducted mass immunization and plans to conduct immunizations for 
children, adults, and older adults each year. Vaccine is ordered a year in advance and under VFC/VFA, wastage 
is limited to less than 5%. Native Health is also a closed Point of Dispensing (POD) site for the property 4041 
North Central. Agency staff has undergone POD training and is well versed in mass immunization and medication 
distribution response. 
Native Health requests that all patients that do not have Insurance coverage apply for coverage through the State of 
Arizona Medicaid program and health insurance marketplace. Low income patients that do not meet criteria for 
State of Arizona Medicaid coverage may be seen on the sliding fee schedule (SFS). The agency has in-house 
personnel to facilitate electronic enrollment processes for Medicaid, the marketplace and other state assistance 
programs. The agency accepts Medicaid, Medicare, CHIP and private insurances. The state of Arizona has 
made efforts to diminish the CHIP program to avoid the state match. The agency maximizes third party 
revenue through submitting claims to Medicaid and private health plans and by collecting small nominal fees 
for patients covered by the SFS for those clients with decreased ability to pay. SFS will not apply for vaccine 
administration if the patient is uninsured or underinsured. 
The Community Projects Team is led by Amber Martinez, RN Manager. She has been with the agency since December 
2018. She is licensed in Arizona and credentialed as a Registered Nurse. She has a bachelor's degree in Nursing 
and has proven to be highly instrumental in aligning the agency ASIIS and EHR in her time with Native Health. 
She served as the RN Manager for Native Health West clinic prior to transitioning over to the community projects. 
She will provide oversight to the Medical Assistants that will be onboarding. 
The Team will include three Medical Assistants who will be certified and will demonstrate experience in working in the 
field in a high risk environment. The Medical Assistants have been hired and have been deployed to the first 
vaccination event that was shown to be highly successful. 
Native Health provides free immunizations for children in conjunction with the Arizona

Contract #:  210132 
 
Page 27 of 36 
 
State-funded Vaccines for Children Program (VFC). VFC provides children's vaccines to Native Health which is a 
significant cost saving to the organization. The agency is provided with access to utilize the Arizona State 
Immunization Information System (ASIIS) to document immunizations and obtain records for reviews. The VFC/VFA 
Coordinator, who happens to be a Medical Assistant, or the Nurse Manager will conduct monthly ASIIS chart audits on 
all children 18 and under with an appointment for any reason to assure immunizations are current. 
Current inventory consists of private stock purchased annually from the Indian Health Service and a donation of 
vaccine from the Maricopa County Department of Public Health to conduct community vaccination events throughout 
the county. At this time, the agency has in stock over 800 influenza vaccines for a variety of ages for Native Health 
Central; 800 for Native Health West; and 400 for Native Health Mesa. These counts do not include the Maricopa 
County inventory of 700 vaccines, provided to Native Health for use within the county. Additional detail on inventory 
can be provided with the Accuvax inventory report. The agency maintains a weekly chart of PPE that details the burn 
rate of each item of PPE including gowns, N95, face shields, gloves, and disinfection supplies. At this time the N95 is 
at a bum rate of 100% and the agency will require some assistance with obtaining these materials. As far as other items 
are concerned, the agency hopes to maintain at least a 60-day supply of PPE.

Contract #:  210132 
 
Page 28 of 36 
 
EXHIBIT C 
 
 
 
 
 
 
 
MARICOPA COUNTY 
 
By and Through its 
Department of Public Health (MCDPH) 
 
BUSINESS ASSOCIATE AGREEMENT 
 
This Agreement sets out the responsibilities and obligations of Native Health, Inc., (“Business Associate” 
or “Associate”) as a business associate of MARICOPA COUNTY, a covered entity, under the Health 
Insurance Portability and Accountability Act (“HIPAA”), the Health Information Technology for Economic 
and Clinical Health (“HITECH”) Act, and pursuant to the Contract or Engagement Letter between Associate 
and MARICOPA COUNTY. 
MARICOPA COUNTY may make available and/or transfer to Associate Protected Health Information 
(“PHI”) of individuals in conjunction with Services, which Associate will use or disclose only in accordance 
with this Agreement.  Associate and MARICOPA COUNTY agree to the terms and conditions of this 
Agreement in order to comply with the use and handling of PHI under the HIPAA Standards for Privacy of 
Individually Identifiable Health Information, 45 C.F.R. Part 160 and Part 164, Subpart E (“Privacy 
Standards”) and the HIPAA Security Standards, 45 C.F.R. Part 160 and Part 164, Subpart C (“Security 
Standards”), both as amended from time to time.  Unless otherwise provided, all capitalized terms in this 
Agreement will have the same meaning as provided under the Privacy Standards and Security Standards.  
Associate and MARICOPA COUNTY will comply with the terms of this Agreement for the duration of the 
Contract or Engagement Letter and for such other continuing periods as provided in this Agreement.  Upon 
the compliance date of any final regulation or amendment to final regulation promulgated by the Secretary 
of Health and Human Services that affects Associate’s use or disclosure of PHI, the parties agree to take 
such reasonable action as is necessary to amend this Agreement in order for MARICOPA COUNTY to 
comply with such final regulation or amendment to final regulation. 
 
Definitions for terms in this Agreement: 
1. 
Business Associate or Associate means an entity that performs or assists in the performance of a 
function on behalf of a Covered Entity, which involves the use, or disclosure of Individually 
Identifiable Health Information as defined in 45 C.F.R. § 160.103.  In addition, an Associate can be 
an entity that provides data transmission services to a Covered Entity, is more than a mere conduit 
of information, and allows a Covered Entity to access the maintained information in a manner 
beyond a random or infrequent basis.  The terms “Business Associate”, “Associate” and 
“Contractor” are synonymous.  Notwithstanding this definition, if Contractor does not have access 
to or create Protected Health Information under this Contract, Contractor is not an Associate, and 
the terms of this Agreement do not apply to Contractor. 
2. 
Contractors of Business Associate means a person or an entity to whom an Associate delegates a 
function, activity, or service that the Associate has agreed to perform for a Covered Entity.  A 
contractor of an Associate which creates, receives, maintains, or transmits personal health 
information on behalf of the business associate is itself a Business Associate and therefore will 
comply with the terms of this Agreement.  For purposes of this Agreement the term “Contractor” 
includes the Contractor, its employees, its subcontractors and its agents.

Contract #:  210132 
 
Page 29 of 36 
 
3. 
Protected Health Information (“PHI”) means the health information that is created or received by a 
Covered Entity; and relates to the physical condition, mental health or other health condition of an 
Individual, or to the provision of health care to the Individual (including but not limited to the payment 
for such health care); and identifies or can be used to identify the Individual as defined in 45 C.F.R. 
§ 160.103. 
4. 
Individual shall have the meaning set forth in 45 CFR §160.103, including a person who is the subject 
of the Protected Health Information, and shall include an individual or entity who qualifies as a 
personal, legal representative of the person, as the context requires. 
5. 
Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 
CFR Parts 160 and 164, Subparts A and E, as may be amended, modified or superseded, from 
time to time. 
6. 
Security Rule shall mean the Standards for Security of Individually Identifiable Electronic Health 
Information at 45 CFR Parts 160 and 164, Subparts A, C and E, as may be amended, modified or 
superseded, from time to time. 
7. 
Breach shall  mean the acquisition, access, use or disclosure of Protected Health Information in a 
manner not permitted by the HIPAA Privacy Rule, that compromises the security or privacy of the 
Protected Health Information as defined, and subject to the exception given to such term in 45 
C.F.R. § 164.402. 
8. 
Breach Notification Rule shall mean the interim final rule related to breach notification for unsecured 
protected health information at 45 C.F.R. Parts 160 and 164. 
9. 
Covered Entity shall have the meaning given to such term in 45 C.F.R. § 160.103. 
10. Designated Record Set shall have the meaning given to such term under the Privacy Rule at 45 
C.F.R. § 164.501. 
11. Security Incident shall have the meaning given to such phrase under the Security Rule at 45 C.F.R. 
§ 164.304. 
12. Unsecured PHI shall have the meaning given to such phrase under the Breach Notification Rule at 
45 C.F.R. § 164.402. 
13. Electronic Protected Health Information or ePHI shall have the same meaning given to such term 
under the Security Rule, including, but not limited to, 45 C.F.R. § 160.103. 
14. Electronic Media shall have the same meaning given to such term in 45 C.F.R. § 160.103. 
15. Health Information Technology for Economic and Clinical Health (HITECH) Act, as codified at 42 
U.S.C. §§ 17921-17954. 
16. Secretary shall mean the Secretary of the Department of Health and Human Services or his or her 
designee. 
 
It is agreed by and between the parties that: 
 
1. 
Uses and Disclosures of Protected Health Information.  Associate will use and disclose PHI only 
for those purposes necessary to perform its duties, obligations and functions under the Contract, or as 
otherwise expressly permitted in this Agreement or as required by other law.  
a. Associate will not use or further disclose any PHI in violation of this Agreement.   
b. Associate may use PHI to perform data aggregation services as permitted by 45 C.F. R. § 
164.504(e) (2) (i) (B).

Contract #:  210132 
 
Page 30 of 36 
 
c. Associate agrees that anytime it provides PHI received from MARICOPA COUNTY to a 
Contractor, its employees, subcontractor, or agent to perform Services for MARICOPA 
COUNTY, Associate first will enter into a contract with such Contractor, employees, 
subcontractor or agent that contains the same terms, conditions, and restrictions on the use and 
disclosure of PHI as contained in this Agreement. 
d. If Associate maintains a Designated Record Set, MARICOPA COUNTY will provide Associate 
with copies of applicable policies and procedures, which the Associate will comply with as 
related to an individual’s right to access PHI; request an amendment to PHI; request confidential 
communications of PHI; or request an accounting of disclosures of PHI.   
2. 
Associate Use or Disclosure of Protected Health Information for its Own Purposes.  Associate 
may use or disclose PHI received from MARICOPA COUNTY for Associate’s management and 
administration, or to carry out Associate’s legal and contractual responsibilities.  Associate may 
disclose PHI received from MARICOPA COUNTY to a third party for such purposes only if: 
a. The disclosure is required by law; or 
b. Associate secures written assurance from the receiving party that the receiving party will: (i) 
hold the PHI confidentially; (ii) use or disclose the PHI only as required by law or for the purposes 
for which it was disclosed to the recipient; and (iii) notify the Associate of any breaches in the 
confidentiality of the PHI. 
c. Associate may use and disclose de-identified health information, if (i) the use is disclosed to 
MARICOPA COUNTY and permitted by MARICOPA COUNTY in its sole discretion, (ii) that the 
de-identification is in compliance with 45 C.F.R. § 164.502(d), and (iii) the de-identified health 
information meets the standard and implementation specifications for de-identification under 45 
C.F.R. § 164.514(a) and (b). 
d. Associate shall use and disclose PHI only to the extent reasonably necessary to accomplish the 
intended purpose of such PHI. 
3. 
Safeguards.  Associate will implement and maintain appropriate safeguards to prevent any use or 
disclosure of PHI not otherwise permitted in this Agreement.   
a. Associate also will implement administrative, physical and technical safeguards to protect the 
confidentiality, integrity, and availability of any electronic protected health information (“e-PHI”), 
if any, that Associate creates, receives, maintains, and transmits on behalf of MARICOPA 
COUNTY.   
b. Upon request of MARICOPA COUNTY, Associate will provide evidence to MARICOPA 
COUNTY that these safeguards are in place and are properly managed.   
4. 
Reports of Improper Use or Disclosure of Secure or Unsecure Protected Health Information 
and of Security Incidents and Breaches.  Associate will report in writing to MARICOPA COUNTY 
any use or disclosure of PHI, including any breach, not permitted by the contract between Associate 
and MARICOPA COUNTY within five (5) days of Associate’s learning of such use, disclosure or breach 
or within five (5) days following the exercise of reasonable diligence would have known of the improper 
use, disclosure, or breach. 
5. 
Mitigation of potential harmful effects.  Associate shall mitigate all potential harmful effects of a use 
or disclosure of Protected Health Information by Business Associate in violation of the requirements 
of this Agreement.  Immediately following the Associate’s discovery of a Breach (or upon the 
Associate’s reasonable belief that a Breach has occurred), Associate shall provide MARICOPA 
COUNTY with sufficient information to permit MARICOPA COUNTY to comply with the Breach 
notification requirements set forth at 45 C.F.R. §164.400 et seq.   
a. Specifically, if the following information is known to (or can be reasonably obtained by) the 
Associate, Associate will provide to MARICOPA COUNTY all available information that

Contract #:  210132 
 
Page 31 of 36 
 
MARICOPA COUNTY is required to include in its notification to the individual pursuant to the 
Breach Notification Rule, including but not limited to:  
i. 
contact information for individuals who were or who may have been impacted by the 
Breach (e.g., first and last name, mailing address, street address, phone number, email 
address);  
ii. 
a brief description of the circumstances of the Breach, including the date of the Breach, the 
date of discovery of the Breach, and the identity of who accessed and received the 
Unsecured PHI;  
iii. 
a description of the types of unsecured PHI involved in the Breach (e.g., names, social 
security number, date of birth, address(s), account numbers of any type, disability codes, 
diagnostic and/or billing codes and similar information);  
iv. 
a brief description of what the Associate has done or is doing to investigate the Breach, 
mitigate harm to the individual impacted by the Breach, and protect against future 
Breaches; and  
v. 
contact information for a liaison appointed by the Associate with whom MARICOPA 
COUNTY may ask questions and learn additional information concerning the Breach.   
b. Following a Breach, Associate will have a continuing duty to inform MARICOPA COUNTY of 
new information learned by Associate regarding the Breach, including but not limited to the 
information described in items (1) through (5), above. 
c. Associate also will report in writing to MARICOPA COUNTY any Security Incident (successful 
or unsuccessful) of which Associate becomes aware within five (5) business days of Associate 
learning of such use or disclosure.   
Specifically, Associate will report to MARICOPA COUNTY any unauthorized access, use, 
disclosure, modification, or destruction of e-PHI or interference with system operations in an 
information system containing e-PHI of which Associate becomes aware, provided that:  
i. 
such reports will be provided only as frequently as the parties mutually agree, but no more 
than once per month; and  
ii. 
if the definition of “Security Incident” under the Security Standards is amended to remove 
the requirement for reporting “unsuccessful” attempts to use, disclose, modify or destroy 
e-PHI, the portion of this Section 5 addressing the reporting of unsuccessful, unauthorized 
attempts will no longer apply as of the effective date of such amendment. 
6. 
Obligations Regarding Associate Personnel.  Associate will appropriately inform all of its 
employees, agents, representatives, members of its workforce, and Contractors, its employees,  
subcontractors, or agents of Associate (“Associate Personnel”), whose services may be used to satisfy 
Associate’s obligations under the Contract and this Agreement of the terms of this Agreement.  
Associate represents and warrants that the Associate Personnel are under legal obligation to 
Associate, by contract or otherwise, sufficient to enable Associate to fully comply with the provisions 
of this Agreement.  Associate will maintain a system of sanction for any Associate Personnel who 
violates this Agreement. 
7. 
Access to Protected Health Information. 
a. MARICOPA COUNTY Access.  Within five (5) business days of a request by MARICOPA 
COUNTY for access to PHI received from MARICOPA COUNTY, Associate will make requested 
PHI available to MARICOPA COUNTY. 
b. Patient Access.  If a Patient requests access to PHI directly from Associate, Associate will 
within five (5) business days forward such request in writing to MARICOPA COUNTY.  
MARICOPA COUNTY will be responsible for making all determinations regarding the grant or

Contract #:  210132 
 
Page 32 of 36 
 
denial of a Patient’s request for PHI and Associate will make no such determinations.  Only 
MARICOPA COUNTY will release PHI to the Patient pursuant to such a request. 
8. 
Amendment of Protected Health Information. 
a. MARICOPA COUNTY Request. Within five (5) business days of receiving a request from 
MARICOPA COUNTY to amend an individual’s PHI received from MARICOPA COUNTY, 
Associate will provide such information to MARICOPA COUNTY for amendment.  Alternatively, 
if MARICOPA COUNTY request includes specific information to be included in the PHI as an 
amendment, Associate will incorporate such amendment within five (5) business days of receipt 
of the MARICOPA COUNTY request. 
b. Individual Request. If an individual makes a request for amendment directly to Associate, 
Associate will forward within five business days such request in writing to MARICOPA COUNTY.  
MARICOPA COUNTY will be responsible for making all determinations regarding amendments 
to PHI and Associate will make no such determinations. 
9. 
Accounting of Disclosures; Requests for Disclosure. 
a. Disclosure Records.  Associate will keep a record of any disclosure of PHI received from 
MARICOPA COUNTY that Associate makes to its employees, subcontractors, and agents, or 
other third parties other than: 
(1) Disclosures to health care providers to assist in the treatment of patients; 
(2) Disclosures to others to assist MARICOPA COUNTY in paying claims; 
(3) Disclosures to others to assist MARICOPA COUNTY in conducting its health care 
operations, as defined in 45 C.F.R. § 164.501; or 
(4) Disclosures made pursuant to an individual’s Authorization. 
Associate will maintain this disclosure record for six (6) years from the termination of this Agreement. 
Associate also agrees to maintain necessary and sufficient documentation of Disclosures of Protected 
Health Information as would be required for MARICOPA COUNTY to respond to a request by an individual 
for an accounting of Disclosures, in accordance with 45 CFR 164.528. 
b. Data Regarding Disclosures. For each disclosure for which it is required to keep a record 
under paragraph 8(a), Associate will record and maintain the following information: 
(1) The date of disclosure; 
(2) The name of the entity or person who received the PHI, and, the address of such entity or 
person, if known. 
(3) A description of the PHI disclosed; and 
(4) A brief statement of the purpose of the disclosure. 
c. Provision to MARICOPA COUNTY.  Associate will provide to MARICOPA COUNTY its record 
of disclosures under paragraph 8(a), if any, within thirty days of each disclosure.  Within five 
business days of receiving a notice from MARICOPA COUNTY of an individual’s request for an 
accounting, Associate also will provide to MARICOPA COUNTY its disclosure record.   
d. Patient Request to Associate.  If a Patient requests and accounting of disclosures directly 
from Associate, Associate will forward the request to MARICOPA COUNTY within five (5) 
business days of Associate’s receipt of the request and will make its records of disclosures 
available to MARICOPA COUNTY as otherwise provided in this Section.  MARICOPA COUNTY 
will be responsible to prepare and for delivery of the records of disclosure to the Patient.  
Associate will not provide an accounting of its disclosure directly to the Individual.

Contract #:  210132 
 
Page 33 of 36 
 
10. Notice of Privacy Practices.  MARICOPA COUNTY shall provide Associate a copy of its Notice of 
Privacy Practices (“Notice”) in accordance with 45 C.F.R. § 164.520 as well as any changes to the 
Notice.  If MARICOPA COUNTY’ Notice specifically affects Associate’s use or disclosure of PHI, 
MARICOPA COUNTY shall inform Associate of the specific limitations.  Associate shall abide by the 
limitations of MARICOPA COUNTY’ Notice that affects its use or disclosure of PHI of which it has been 
specifically informed.  Any use or disclosure permitted by this Agreement may be amended by changes 
to MARICOPA COUNTY’ Notice if MARICOPA COUNTY specifically informs Associate of the 
amendment: provided, however, that the amended Notice shall not affect permitted uses and 
disclosures on which Associate relied prior to receiving notice of such amended Notice. 
11. Access to Books and Records. 
a. MARICOPA COUNTY Access. Associate will, within five (5) business days of MARICOPA 
COUNTY written request, make available during normal business hours at Associate’s offices, 
all records, books, agreements, policies and procedures relating to the use or disclosure of PHI 
received from MARICOPA COUNTY for the purpose of allowing MARICOPA COUNTY or its 
agents or auditors to determine Associate’s compliance with this Agreement.  
b. Government Access.  Associate will make its internal practices, books, and records relating to 
the use and disclosure of PHI received from, or created or received by Associate on behalf of, 
MARICOPA COUNTY available to the Secretary of the Department of Health and Human 
Services to the extent required for determining compliance with the Privacy Standards.  
Notwithstanding this provision, no attorney-client, accountant-client or other legal privilege will 
be deemed waived by Associate or MARICOPA COUNTY as a result of this Section. 
12. Termination.  MARICOPA COUNTY may immediately terminate the Contract, if any and this 
Agreement upon written notice to Associate if MARICOPA COUNTY determines that the Associate or 
subcontractor(s) or agent(s) of Associate has breached a material term of this Agreement.  
Alternatively, MARICOPA COUNTY may elect to provide Associate with written notice of Associate’s 
or subcontractor(s)’ or agent(s)’ of Associate breach of any term or condition of this Agreement and 
afford Associate the opportunity to cure the breach to the satisfaction of MARICOPA COUNTY within 
thirty (30) days of the date of such notice.  If Associate fails to timely cure the breach, as determined 
by MARICOPA COUNTY at its sole discretion, MARICOPA COUNTY may terminate the Contract and 
this Agreement. 
13. Return or Destruction of Protect Health Information. 
a. Return of PHI; Destruction.  Within thirty (30) days of termination of the Contract or this 
Agreement, Associate will return to MARICOPA COUNTY all PHI received from MARICOPA 
COUNTY or created or received by Associate on behalf of MARICOPA COUNTY that Associate 
maintains in any form or format. Associate will not maintain or keep in any form or format any 
portion of such PHI.  Alternatively, Associate may, upon MARICOPA COUNTY written consent, 
destroy all such PHI and provide written documentation of such destruction.  The requirement 
to return or destroy such PHI will apply to all agents or subcontractors of Associate.  Associate 
will be responsible for recovering any PHI from such agents or subcontractors.  If Associate 
cannot obtain the PHI from any agent or subcontractor, Associate will so notify MARICOPA 
COUNTY and will require that such agents or subcontractors directly return PHI to MARICOPA 
COUNTY or otherwise destroy such PHI, subject to the terms of this Section.    
b. Alternative Measures.  If Associate believes that returning or destroying PHI at the termination 
of the Contract or this Agreement is infeasible, it will provide written notice to MARICOPA 
COUNTY within five (5) business days of the effective date of termination of this Agreement.  
Such notice will set forth the circumstances that Associate believes makes the return or 
destruction of PHI infeasible and the alternative measures that Associate recommends for 
assuring the continued confidentiality and security of the PHI.  MARICOPA COUNTY promptly 
will notify Associate of whether it agrees that the return or destruction of PHI is infeasible.  If 
MARICOPA COUNTY agrees that return or destruction of PHI is infeasible, Associate agrees

Contract #:  210132 
 
Page 34 of 36 
 
to extend all protections, limitations and restrictions of this Agreement to Associate’s use or 
disclosure of PHI retained after termination of this Agreement and to limit further uses or 
disclosures to those purposes that make the return or destruction of the PHI infeasible.  Any 
such extended protections, limitations and restrictions will apply to any agents or subcontractors 
of Associate for whom return or destruction of PHI is determined by MARICOPA COUNTY to 
be infeasible.  If MARICOPA COUNTY does not agree that the return or destruction of PHI from 
Associate or its agents or subcontractors is infeasible, MARICOPA COUNTY will provide 
Associate with written notice of its decision, and Associate, its agents and subcontractors will 
proceed with the return or destruction of the PHI pursuant to the terms of this Section within 
fifteen (15) days of the date of MARICOPA COUNTY notice.    
14. Restrictions on Use or Disclosure of Protected Health Information.  If MARICOPA COUNTY 
advises Associate of any changes in, or restrictions to, the permitted use or disclosure of PHI received 
from MARICOPA COUNTY, Associate will restrict the use or disclosure of such PHI consistent with 
the MARICOPA COUNTY instructions.  
15. Mitigation Procedures.  Associate agrees to have procedures in place for mitigating, to the maximum 
extent practicable, any deleterious effect from the use or disclosure of PHI received from MARICOPA 
COUNTY in a manner contrary to this Agreement or the Privacy Standards. 
16. Compliance with the HITECH Act.  Associate will comply with the requirements of Title XII, Subtitle 
D of the Health Information Technology for Economic and Clinical Health (HITECH) Act, codified at 42 
U.S.C. §§ 17921-17954, which are applicable to Associates, and will comply with all regulations issued 
by the Department of Health and Human Services (HHS) to implement these referenced statutes, as 
of the date by which Associates are required to comply with such referenced statutes and HHS 
regulations. 
a. Associate will also comply with Section 13402 of the HITECH Act, codified at 42 U.S.C. § 17932, 
and with all regulations issued by HHS to implement this statute, as of the date by which 
Associates are required to comply with such referenced statutes and HHS regulations.  
Associate will make a report to the MARICOPA COUNTY of any breach of unsecured protected 
health information, as required by 42 U.S.C. § 17932(b), within five (5) business days of 
Associate’s discovery of the breach.  Associate will indemnify MARICOPA COUNTY for any 
reasonable expenses MARICOPA COUNTY incurs in notifying individuals of a breach caused 
by Associate or its subcontractors or agents. 
17. Miscellaneous. 
a. Compliance with Laws.  The Parties acknowledge that state and federal laws relating to 
electronic data security and privacy are rapidly evolving and that amendment of this Agreement 
may be required to ensure compliance with such developments.  Should such developments 
occur, and upon either Party’s good faith request, the other Party agrees to enter good faith 
negotiations concerning the terms of an amendment to this Agreement. 
b. Construction of Terms.  The terms of this Agreement will be construed in light of any applicable 
interpretation or guidance on the Privacy Standards and Security Standards issued by the 
Department of Health and Human Services and other applicable state or federal laws, rules and 
regulations as amended from time to time. 
c. No Third-Party Beneficiaries.  Nothing in this Agreement will confer upon any person other 
than the parties and their respective successors or assigns, any rights, remedies, obligations, 
or liabilities, whatsoever. 
d. Assignment of Rights and Delegation of Duties.  This Agreement is binding upon and inures 
to the benefit of the Parties hereto and their respective successors and permitted assigns.  
However, neither Party may assign any of its rights or delegate any of its obligations under this 
Agreement without prior written consent of the other Party, which consent shall not be 
unreasonable withheld or delayed.  Notwithstanding any provisions to the contrary, however,

Contract #:  210132 
 
Page 35 of 36 
 
MARICOPA COUNTY retains the right to assign or delegate any of its rights and obligations 
hereunder to any of its wholly owned subsidiaries, affiliates or successor companies.  
Assignments made in violation of this provision are null and void. 
e. No Waiver.  Failure or delay on the part of either Party to exercise any right, power, privilege or 
remedy hereunder shall not constitute a waiver thereof.  No provision of this Agreement may be 
waiver by either Party except by a writing signed by an authorized representative of the Party 
making the waiver. 
f. 
Severability.  The provisions of this Agreement shall be severable, and if any provision of this 
Agreement shall be held or declared to be illegal, invalid or unenforceable, the remainder of this 
Agreement shall continue in full force and effect as though such illegal, invalid or unenforceable 
provision had not been contained herein. 
g. Entire Agreement.  This Agreement constitutes the entire agreement between the parties with 
regard to the Privacy Standards and Security Standards, there are no understandings or 
agreements relating to this Agreement that are not fully expressed in this Agreement and no 
change, waiver or discharge of obligations arising under this Agreement will be valid unless in 
writing and executed by the party against whom such change, waiver or discharge is sought to 
be enforced. 
h. Written Agreement.  This Agreement is considered as an integral part of the underlying 
Contract and is incorporated as though fully set forth within the Contract.  This Agreement will 
govern in the event of conflict or inconsistency with any provision of Contract. 
i. 
Choice of Law.  This Agreement and the rights and obligations of the parties hereunder shall 
be governed by and construed under the laws of the State of Arizona, without regard to 
applicable conflict of law principles. 
j. 
Counterparts.  This Agreement may be executed in two or more counterparts, each of which 
shall be deemed an original and when taken together shall constitute one agreement. 
k. Facsimile and Electronic Signatures.  Facsimile and electronic signatures shall be deemed 
to be original signatures for all purposes of this Agreement. 
l. 
Notices.  Any notices required under this Agreement will be sent to the parties at the following 
address by first class mail, fax or hand delivery: 
 
 
Agreed to by Associate by: 
 
ASSOCIATE 
 
_____________________________________  
_________________________________ 
SIGNATURE  
 
 
DATE 
 
 
SIGNATURE  
 
 
DATE 
 
_____________________________________  
________________________________ 
PRINT NAME AND TITLE     
 
 
 
PRINT NAME AND TITLE

Contract #:  210132 
 
Page 36 of 36 
 
BUSINESS ASSOCIATE AGREEMENT 
FOR RELEASE OF INFORMATION TO THIRD PARTIES 
 
1. Native Health, Inc. (“Associate”) is a business associate of MARICOPA COUNTY, pursuant to the 
Agreement between Associate and MARICOPA COUNTY dated October 1, 2020 (“Agreement”).  
Pursuant to that Agreement, Associate is required to comply with the requirements for the use and 
handling of Protected Health Information (“PHI”) from MARICOPA COUNTY as set forth in the 
Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. 164.501 et. seq. as 
amended from time to time (“Privacy Standards”).   
2. Associate is permitted to disclose PHI to _______________ (“Recipient”) for the necessary 
management and administration of Associate and to carry out the legal responsibilities of the Associate, 
provided that Recipient provides Associate with the following assurances for Recipient’s use and 
disclosure of PHI. 
3. Associate seeks to disclose PHI to Recipient for the following management, administration or legal 
responsibilities of Associate: 
4. The disclosure of PHI to Recipient is conditioned upon Recipient’s assurance that, and Recipient 
agrees that it will:       
a. Hold the PHI confidentially and make no re-disclosure to any third party without Associate’s express 
advance written consent; 
b. Use or disclose the PHI only as required by law or for the purposes set forth above; and 
c. Notify Associate in writing of any breaches in the confidentiality of the PHI within three days of 
discovery of any such breach. 
 
 
ASSOCIATE 
 
 
 
 
 
RECIPIENT 
 
_________________________________ 
 
_______________________________ 
SIGNATURE  
 
 
DATE 
 
 
SIGNATURE  
 
 
DATE 
 
 
_____________________________________  
________________________________ 
PRINT NAME AND TITLE     
 
 
 
PRINT NAME AND TITLE