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INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEAL TH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
2.
Agreement Type: ---=-F--=-i=xe:..;d:::.....,....P-'-'ri=ce
-=----------
1.
Agreement No:
3.
Agreement Amount: $103,500 (Year .1}
4.
Purpose: 2020 BRFSS Survey
5.
Start Date:
January 1, 2020
6.
Expiration Date: December 311 2020
This Agreement is entered into by and between the Arizona Department of Health Services (ADHS) (referred to herein as
"Contractor"), and Maricopa County, by and through its Department of Public Health (MCDPH) (referred to herein after as
"County").
Contractor and the County are collectively referred to herein as the "Parties" and individually as a "Party."
Contractor, for and in consideration of the covenants and conditions set forth herein, shall provide and perform the services as
set forth below.
All rights and obligations of the Parties shall be governed by the terms of this Agreement, its exhibits,
attachments, and appendices, including any subcontracts or amendments as set forth herein and in:
Section I
General Provisions
Section Ill
Work Statement
Section II
Special Provisions
Section IV
Compensation
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. Nothing in this Agreement shall
be construed as consent to any lawsuit or waiver of any defense in a lawsuit brought against the County or the Contractor in any
State or federal Court.
Legal Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage prepaid, return
receipt requested, to the addresses set forth below and shall be effective upon receipt by the Party to whom addressed unless
otherwise indicated in the notice.
Notice to Contractor: Office Chief, Arizona Health Disparities Center, ADHS
Address:
150 N. 181h Avenue Phoenix. AZ 85007
Phone 602-542-2849
Notice to Department:
MCDPH Grants/Contract Unit
Phone: _.,(6
.;.0=2._.)""'3_7_2_-0_6_7.....:.4 _____ _
Address:
4041 North Central Avenue, Suite #1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY BOARD OF SUPERVISORS
Signature
Name
Title
Date
Signature
Name
C.h\ e..f P,o
""t vt+- pffic Title
I;}.. 4. 19
Date
ATTEST:
Signature
Date
Chairman, Board of Supervisors
Clerk of the Board
Pursuant to A.R.S. § 11-952, the undersigned public agency
attorney has determined that this Intergovernmental Agreement
is in proper form and is within the powers and authority granted
under the laws of the State of Arizona.
Pursuant to A.R.S. § 11-952, the Attorney for the Board of
Supervisors has determined that this Intergovernmental
Agreement is within the powers and authority granted under the
laws of the State of Arizona.
Signature
--¡------
Signature
Attorney for Maricopa County
Date
tl/JS/11
Date
C-86-20-
SECTION I
GENERAL PROVISIONS
1. EFFECT
To the extent the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent the Work Statement(s) and the Special or General
Provisions are in conflict, the Work Statement(s) shall control.
2. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
A. Agreement means this document and all attachments and amendments hereto.
B. Contractor means the person, firm or organization listed on the Cover Page of this
Agreement.
C. County means Maricopa County, Arizona.
D. Department means the Maricopa County Department of Public Health.
E. Funding Source means any federal, State, or private agency funding source, which
may impose conditions on the funding that will be passed on to the Contractor.
F. Contractor Staff, Employee or Faculty means a person or persons employed by,
contracted with, or retained by the Contractor for the purpose of providing the services
and responsibilities contained in this Contract.
G. HIPAA means the Health Insurance Portability and Accountability Act of 1996 (PI_ 104-
191) and the United States Department of Health and Human Services (DHHS) final
regulations on "Privacy Standards for Individually Identifiable Health Information", as
amended and clarified from time to time.
3. GENERAL REQUIREMENTS
A. The terms of this Agreement shall be construed in accordance with Arizona law. Any
lawsuit arising out of this Agreement shall be brought in the appropriate court in
Maricopa County.
B. The Contractor shall, without limitation, obtain and maintain all licenses, permits, and
authority necessary to do business, render services, and perform work under this
Agreement, and shall comply with all laws regarding unemployment insurance, disability,
and workers' compensation.
C. The Contractor is an independent contractor in the performance of work and the
provision of services under this Agreement and is not to be considered an officer,
employee, or agent of the County.
4. AMENDMENTS
All Amendments to this Agreement must be in writing and signed by authorized persons for
both Parties. All amendments shall clearly state the effective date of the action.
2
SECTION 1
GENERAL PROVISIONS
5. ADEQUACY OF RECORDS
If the Contractor's books, records and other documents related to this Agreement are riot
sufficient to support and document that allowable services were provided to eligible clients,
the Contractor shall reimburse the County for the services riot adequately supported and
documented.
6. RETENTION OF RECORDS
A. This provision applies to all financial and programmatic records, supporting documents,
statistical records, and other records of the County and Contractor that relate to this
Agreement.
B. The County and Contractor shall retain all financial books, records, and other documents
related to this Agreement for five (5) years after final payment or until after the resolution
of any audit questions, which could be more than five (5) years, whichever is longer.
County, federal, or State auditors, and any other persons duly authorized by the County,
shall have full access to and the right to examine, copy and make use of any and all
such financial books, records and other documents.
7. ASSIGNMENT AND SUBCONTRACTING
No rights, liability, obligations or duties under this Agreement may be assigned, delegated,
or subcontracted without the prior written approval of the County and Contractor.
8. AUDIT DISALLOWANCES
A. The Contractor shall, upon written demand therefore, reimburse the County for any
payments made under this Agreement that are disallowed, by a federal, State or County
audit in the amount of the disallowance, as well as court costs and attorney fees the
County incurs to pursue legal action relating to a disallowance.
B. If the County determines that a cost for which payment has been made is a disallowed
cost, the County shall notify the Contractor in writing of the disallowance and the
required course of action, which shall be at the option of the County either to adjust any
future claim submitted by the Contractor by the amount of the disallowance or to require
immediate repayment of the disallowed amount by the Contractor.
C. The County shall, upon review and agreement of the Parties, remit to the Contractor any
payments determined to have been insufficiently paid, in the amount of the payment
shortfall, as well as court costs and attorney fees the Contractor incurs to pursue legal
action relating to such short payment.
9. AGREEMENT COMPLIANCE MONITORING
County may monitor the Contractor's compliance with, and performance under, the terms
and conditions of this Agreement. On-site visits for compliance monitoring may be made by
the County and/or its grantor agencies at any time during the Contractor's normal business
hours, announced or unannounced. During an on-site visit, the Contractor shall make its
records and documents related to work performed or services provided under this
Agreement available to the County for inspection and copying,
3
SECTION I
GENERAL PROVISIONS
10. AVAILABILITY OF FUNDS
A. The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor, as
provided herein, are actually available to the County for disbursement. The Department
shall be the sole authority in determining the availability of funds under this Agreement
and the County shall keep the Contractor fully informed as to the availability of funds,
The County shall refer no clients to Contractor for periods of time for which funding is not
available unless at the discretion of both parties, an alternate source of funds are made
available to continue the medical service.
B. 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 Agreement, the County may amend, suspend, decrease, or
terminate its obligations under or in connection with this Agreement. If this Agreement is
terminated, the 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 Agreement. The 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,
11. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
A. The Contractor shall, during the term of this Agreement, immediately inform the County
in writing of the award of any other contract or grant where the award of such contract or
grant may affect either the direct or indirect costs being paid or reimbursed under this
Agreement. Failure by the Contractor to notify the County of such award shall be
considered a material breach of this Agreement and the County may immediately
terminate this Agreement without liability.
B. County may request, and the Contractor shall provide within a reasonable time, not
exceeding ten (10) working days, a copy of such other contract or grant, when, in the
opinion of the Department, the award of the contract or grant may affect the costs being
paid or reimbursed under this Agreement.
C, If the County determines that the award to the Contractor of such other contract or grant
has affected the costs being paid or reimbursed under this Agreement, the County shall
prepare an amendment to this Agreement effecting a cost adjustment. If the Contractor
disputes the proposed cost adjustment, the dispute shall be resolved pursuant to the
"Disputes" clause section contained herein.
11 DEFAULT
For material breach of contractual obligations, or upon the happening of any event which
would jeopardize the ability of the Contractor to perform its contractual obligations, the
County may suspend, modify, or terminate this Agreement immediately upon giving written
notice to the Contractor in the event of non-performance of any stated objectives. Unless
expressly stated otherwise this in this Agreement, such determination will not be made until
such time as the disputes process has been exhausted.
4
SECTION I
GENERAL PROVISIONS
13. TERMINATION
A. Either Party may terminate this Agreement at any time by giving the other Party at least
thirty (30) calendar days prior written notice. The notice shall be given by personal
delivery or by registered or certified mail, postage prepaid, return receipt requested.
B. This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
C. The County may terminate this Agreement upon twenty-four (24) hours' notice when the
County deems the health or welfare of a patient is endangered or the Contractor's non-
compliance jeopardizes funding source financial participation. If not terminated by one
of the above methods, this Agreement will terminate upon the expiration date of this
Agreement as stated on the Cover Page of this Agreement.
D. Either Party has the right to terminate this Agreement for cause upon fourteen (14)
working days written notice for any of the following reasons:
(1) Breach of this Contract which is not corrected within fourteen (14) working days after
written notice thereof or registered mail, return receipt requested.
(2) Inability to discharge the duties and responsibility under this Contract for a continual
period of 30 days or more.
E. This contract is subject to cancellation in accordance with the provision of A.R,S. § 38-
511.
14. SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision hereof, and the remaining
provisions shall remain in full force and effect.
16, STRICT COMPLIANCE
Acceptance by the County of performance that is not in strict compliance with the terms of
this Agreement shall not be deemed to waive the requirement of strict compliance for all
future performance. All changes in performance obligations under this Agreement must be
in writing and signed by the Parties.
16. NON-LIABILITY
A. The County and its officers, representatives, agents, and employees shall not be liable
for any act or omission by the Contractor or any subcontractor, employee, officer, agent,
or representative of the Contractor or any subcontractor occurring in the performance of
this Agreement, nor shall they be liable for purchases or contracts made by the
Contractor or any subcontractor in connection with this Agreement,
B. The Contractor and its officers, representatives, agents, and employees shall not be
liable for any act or omission by the County or any County subcontractor, employee,
officer, agent, or representative of the County or any County subcontractor occurring in
the performance of this Agreement, nor shall they be liable for purchases or contracts
5
SECTION I
GENERAL PROVISIONS
made by the County or any County subcontractor in connection with this Agreement.
17. INDEMNITY
Each Party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other Party
(as "Indemnitee") from and against all claims, losses, liability, costs, and expenses (including
reasonable attorneys' fees) (hereinafter collectively referred to as "Claims") arising out of
bodily injury of any person (including death) or property damage, but only to the extent that
such Claims, which result in vicarious liability to lndemnitee, are caused by the act,
omission, negligence, misconduct, or other fault of Indemnitor, its officers, agents,
employees, or volunteers.
18. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or entity has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee. For breach or violation of this warranty, the County may
immediately terminate this Agreement without liability.
19. SAFEGUARDING CLIENT INFORMATION
The use or disclosure by any Party of any information concerning an eligible individual
served under this Agreement is directly limited to the performance of this Agreement,
County and Contractor shall safeguard confidential and privileged client and patient
information i.e., medical, financial and patient specific information, and shall only disclose
such information in accordance with all applicable federal, state and local laws, rules, and/or
regulations, including HIPAA. The use or disclosure by any party of any information
concerning a client or patient served under this Agreement or any other applicable payer
contract is directly limited to services under this Agreement subject to applicable federal,
state and local laws, rules and/or regulations. Contractor's obligation to maintain the
confidentiality of all medical, financial and patient specific information shall exist after
termination or expiration of this Contract. County shall assist Contractor with regard to
Contractors' obligation to comply with 1-11PAA.
20. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without
cost or other restriction, except as otherwise provided herein or by law. Each Party shall
supply to the other Party, upon request, any available information known to the supplying
Party that is relevant to this Agreement and to the performance hereunder.
21. OWNERSHIP OF INFORMATION
Subject to applicable state and federal laws, rules and regulations, including, without
limitation, those concerning confidentiality of patient records, the Contractor shall have full
and complete ownership rights to and the sole and exclusive right to inspect, reproduce,
duplicate, adapt, distribute, display, disclose and otherwise use all reports, information, data
and material prepared by the Contractor in performance of the Agreement. County may
examine and may receive copies of such information necessary for County's performance of
this Agreement.
6
SECTION I
GENERAL PROVISIONS
22. NON-DISCRIMINATION
The Contractor, in connection with any service or other activity under this Agreement, shall
not in any way discriminate against any person on the grounds of race, color, religion, sex,
national origin, age, disability, affiliation or belief. The Contractor shall include this clause in
all its subcontracts related to this Agreement.
23. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, or national origin. The Contractor shall
take affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, age, disability, color, religion, sex, or
national origin. Such action shall include, but is not limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. The Contractor shall, to the extent such provisions apply, comply with Titles
VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the
Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination
in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Immigration
Reform and Control Act of 1986 (Pub. L. No. 99-603) ("IRCA"); and Arizona Executive Order
2009-09, which mandates that all persons shall have equal access to employment
opportunities, The Contractor shall also comply with all applicable provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.).
24. RIGHT OF PARTIAL CANCELLATION
If more than one activity is funded by this Agreement, the County reserves the right to
terminate this Agreement or any part thereof based on the Contractor's failure to perform
any part of this Agreement without impairing, invalidating or canceling the remaining Work
Statement obligations.
25. RIGHT TO EXTEND AGREEMENT
Subject to the availability of funds and acceptable Contractor performance, the Contractor
hereby acknowledges and agrees that the County shall have the right to extend this
Agreement for additional one-year periods, not to exceed a total extended term of five (5)
years, except that the cost will be subiect to renegotiation. Any extension of this Agreement
shall be in writing mutually acceptable to the Department and the Contractor and signed by
both Parties.
26. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The undersigned, an authorized representative of the Contractor, certifies, to the best of
his or her knowledge and belief, that the Contractor, defined as the primary participant in
accordance with 45 C.F.R. Part 76, and its principals:
1) are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
7
SECTION I
GENERAL PROVISIONS
2) have not within the 3-year period preceding this Agreement been convicted of or had
a civil judgment entered against them for the commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, State or local) transaction or contract under a public transaction; violation of
federal or State antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
3) are not presently indicted or otherwise criminally or civilly charged by a government
entity (federal, State or local) with the commission of any of the offenses enumerated
in paragraph (2) of this certification; and
4) have not within the 3-year period preceding this Agreement had one or more public
transactions (federal, State or local) terminated for cause or default.
B. If the Contractor is not able to provide this certification, an explanation as to why shall be
attached to this Agreement.
C. The Contractor shall include, without modification, this Paragraph in all lower tier
covered transactions (i.e., transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Agreement.
27, &VERIFICATION OF EMPLOYEES
The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
A. That the Contractor and its subcontractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214;
B. That a breach of the warranty under subsection A above shall be deemed a material
breach of this Agreement that entitles the County to, among other things, immediately
terminate this Agreement without liability;
C. That the County and any contracting government entity retains the legal right to inspect
the papers of any contractor or subcontractor employee who works on this Agreement to
ensure that the contractor or subcontractor is complying with the warranty provided
under subsection A above and that the contractor agrees to make all papers and
employment records of said employee(s) available during normal working hours in order
to facilitate such an inspection;
D. That nothing herein shall make any contractor or subcontractor an agent or employee of
the County or contracting government entity.
28, DISPOSITION OF PROPERTY
All property acquired with funds provided for in this agreement shall become the property of
the funding source.
8
SECTION II
SPECIAL PROVISIONS
1. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the
Special Provisions shall control. To the extent that the Work Statement(s) are in conflict with
the Special or General Provisions, the Work Statement(s) shall control.
2. DISPUTES
Except as otherwise provided by law, or otherwise specifically agreed to by the Parties, any
dispute not involving a question of law arising out of this Agreement that is not resolved
between the Parties within a reasonable time, which shall not exceed 120 days, shall be
resolved as follows:
A. Disputes must be filed with the person administering this Agreement for the
County, if one has been appointed, or, if not, with the Procurement Officer, within
ten (10) days from the date the Contractor knew or should have known the basis
of the dispute.
B. The person administering this Agreement or the Procurement Officer, as
applicable, shall respond in writing to the dispute within fourteen (14) days.
C. The Contractor may abide by the decision or may appeal the decision to the
Director of the Department within seven (7) days.
D. Any claim or controversy arising out of or in connection with this Agreement not
resolved in accordance with paragraphs 2.A. through 2.C. above shall be
resolved through binding arbitration conducted by a single arbitrator in
accordance with the American Arbitration Association (AAA) Commercial
Arbitration Rules, then in effect, in Phoenix, Arizona; provided, however, matters
that primarily involve Provider's professional competence or conduct shall not be
eligible for arbitration. If possible the arbitrator shall be an attorney with at least
fifteen (15) years of experience, including at least five (5) years' experience in
managed health care. The parties shall conduct a mandatory settlement
conference at the initiation of arbitration, to be administered by AAA. The
arbitrator shall have no authority to provide a remedy or award damages that
would not be available to such prevailing party in a court of law, nor shall the
arbitrator have the authority to award punitive damages. Each party shall bear its
own costs and expenses, including its own attorneys' fees, and shall bear an
equal share of the arbitrator's and administrative fees of arbitration. The parties
agree to accept any decision by the arbitrator as a final determination of the
matter in dispute, and judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction. Arbitration must be initiated within one
year of the earlier of the date the claim or controversy arose, was discovered or
should have been discovered with reasonable diligence; otherwise it shall be
deemed waived. The use of binding arbitration shall not preclude a request for
equitable and injunctive relief made to a court of appropriate jurisdiction.
This Paragraph shall not apply to claims arising from bodily injury, death, or property
damage.
9
SECTION Ii
SPECIAL PROVISIONS
3. CHANGES
A. The Department may, at any time, by written order, make changes within the general
scope of this Agreement in any one or more of the following areas:
1) Work Statement activities reflecting changes in funding source or County regulations,
policies, or requirements.
2) Administrative requirements, such as changes in reporting periods, frequency of
reports, or report formats, required by funding source or County regulations, policies,
or requirements.
3) Contractor reimbursement schedules and/or program budgets.
B. The order will not increase or decrease the maximum reimbursable amount to be paid
the Contractor. Additionally, the order will not direct substantive changes in services to
be rendered by the Contractor.
C. Any dispute or disagreement caused by such order shall constitute a "Dispute" within the
meaning of the Disputes Clause of the Special Provisions of this Agreement and shall be
administered accordingly.
4. AUDIT REQUIREMENT
A. If the Contractor expends $750,000 or more in a year in federal awards, the Contractor
shall have a single audit conducted for that year according to the Office Management
and Budget, 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. The audit report shall be submitted to the
County for review within nine (9) months following the close of the fiscal year. The
Contractor shall take any necessary corrective action to remedy any material
weaknesses and/or reportable conditions identified in the audit report within six (6)
months after the release date of the report, The County may consider sanctions as
described in §,....225 of OMB Circular A-133 for contractors not in compliance with the
audit requirements. All books and records shall be maintained in accordance with
Generally Accepted Accounting Principles (GAAP).
B. The Contractor shall schedule an annual financial audit to be submitted to the County for
review within twelve (12) months following the close of the program's fiscal year.
Contractor understands that its failure to meet this requirement may result in the loss of
current funding and disqualification from consideration for future County-administered
funding.
C. Comply with the requirement of the Federal Office of Management and Budget ("OMB")
Circular A-133. The Contractor is responsible for having an audit performed in
accordance with, and when required, by OMB Circular A-133, and for sending a copy of
the report issued as a result of the audit to the County within thirty (30) days of issuance.
The County reserves the right to engage an auditor, at the Contractor's expense, to
perform an OMB Circular A-133 audit of the Contractor in the event that the Contractor
fails to engage an auditor or the County rejects or disapproves of the auditor engaged by
the Contractor.
10
SECTION II
SPECIAL PROVISIONS
5. INSURANCE
A. The Contractor shall have in effect at all times during the term of this Agreement
insurance or comparable self-insurance that is adequate to protect the County, its
officers, employees, property, and equipment against the losses set forth below. The
Contractor shall provide the County with a certificate of insurance or a certified copy of
the insurance policy naming the County as an additional insured, or, if the Contractor is
self-insured, shall provide the County with a letter indicating that it is self-Insured.
B. The following types and amounts of insurance are required as minimums:
1) Workers' compensation and unemployment insurance as required by law.
2) Unemployment insurance as required by Arizona law.
3) Public liability, bodily injury, and property damage policies that insure against claims
for liability for the Contractor's negligence or maintenance of unsafe vehicles,
facilities, or equipment brought by clients receiving services pursuant to this
Agreement and by lawful visitors of such clients. The limits of the policies shall not
be less than $2,000,000 per occurrence and $4,000,000 aggregate.
C. Automobile and Truck Liability, Bodily Injury and Property Damages:
1) General liability, each occurrence; $1,000,000
2) Property damage; $1,000,000
3) Combined single limit; $1,000,000
D. Standard minimum deductible amounts are allowable. Any losses applied against
insurance deductible are the sole responsibility of the Contractor.
E. Professional Liability:
1) Insurance for the Contractor and its agents, employees, and other staff shall be
maintained with coverage limits of one million dollars ($1,000,000) per person, three
million dollars ($3,000,000) per occurrence.
2) The Contractor agrees that in the event it, or any of its agents, employees, and other
staff working under this Agreement, is named as a defendant in litigation, or is
identified in a written notice of claim, wherein professional misconduct is alleged and
such allegations arise under the services or terms of this Agreement, the Contractor
will promptly notify the Department in writing. The duty to notify under this paragraph
applies whether or not the County is alleged to be involved, is named as a party to
the matter, or could be potentially liable as a party.
F. The Contractor shall immediately inform the Department of any cancellation of its
insurance or any decrease in its lines of coverage at least thirty (30) days before such
action takes place.
11
SECTION II
SPECIAL PROVISIONS
G. In the event the Contractor(s) is/are a public entity, then the Insurance Requirements
shall not apply. Such public entity shall provide a Certificate of Self-Insurance. If the
Contractor(s) is/are a State of Arizona agency, board, commission, or university, none of
the above shall apply.
6. SPECIAL REQUIREMENTS
A. If the use of subcontractors is approved by the County, the Contractor agrees to use
written subcontracts or consultant agreements that conform to federal and State laws
and regulations and the requirements of this Agreement appropriate to the service or
activity covered by the subcontract. These provisions apply with equal force to the
subcontract as if the subcontractor were the Contractor. The Contractor is responsible
for performance under this Agreement whether or not any subcontractors are used. The
Contractor shall submit a copy of each subcontract to the County upon written request.
7. REPORTING REQUIREMENTS
If requested by the County, the Contractor shall submit annual progress reports on or before
the third (3rd) day of the month following the end of the reporting period,
8. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Pursuant to A.R,S. § 38-511, the County may cancel this Agreement without penalty or
further obligation, within three years after execution of this Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement
on behalf of the County is, at any time while this Agreement or any extension of this
Agreement is in effect, an employee or agent of any other Party to this Agreement in any
capacity or is a consultant to any other Party to this Agreement with respect to the subject
matter of this Agreement. In addition, the County may recoup any fee or commission paid
or due to any person significantly involved in initiating, negotiating, securing, drafting, or
creating this Agreement on behalf of the County from any other Party to this Agreement
arising as the result of this Agreement.
9. POLICY ON CONFIDENTIALITY
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws protecting client confidentiality of medical, behavioral health and drug
treatment information.
10. LAWS, RULES AND REGULATIONS
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws, rules, and regulations that pertain hereto.
11. SPONSORSHIP ACKNOWLEDGMENT
All promotional materials, brochures, and flyers prepared by the Contractor relating to this
Agreement shall include the following statement, "Sponsored by Maricopa County
Department of Public Health."
12
SECTION III
WORK STATEMENT
1. BACKGROUND:
The Arizona Behavioral Risk Factor Surveillance System (BRFSS) telephone survey has
been in existence since 1984 and is partially funded by the Center of Disease Control and
Prevention (CDC). This surveillance collects and summarizes the data on health-related
topics as reported by Arizona adults aged 18 and over living at home.
2. PURPOSE:
Using a scientifically selected telephone sample, the BRFSS Survey is given to residents of
Maricopa County, completed annually by ADHS. This data is then used to supplement our
community health assessment activities by providing social context to our health indicator
data, Collection of this data will be used to reduce health disparities for all race/ethnicity
groups, income levels, and geographic areas.
In addition to the Centers for Disease Control (CDC) survey questions, this agreement
includes State added Social Context and Reaction to Race questions into the BRFSSS 2020
survey.
A. Social context consists of a total of 4 questions, at $11,500 per question (total $46,000);
and Reaction to Race, a total of 5 questions at $11,500 per question (total $57,500)
Arizona BRFSS 2020 is a split survey, and the Social Context and Reaction to Race
questions are in Split 2 of the survey.
B. Social Context questions are to develop understanding about contextual effects on
individual and community health, to quantify these effects, and to use this information to
develop more effective strategies and interventions to improve health and to reduce or
eliminate disparities in health.
C. The Social Contest questions can help raise awareness of health disparities through
understanding and intervening on individual-level risk factors for major causes of
morbidity and mortality. Understanding the social context or social determinants of the
factors that impact health behaviors is critical for continued improvements in health
outcomes. Social Context questions are designed to assess the importance of social
determinants of health thought to contribute to persistent poor health outcomes,
D. Health disparities commonly exist between racial/ethnic groups. It is important to
understand how one's self-identified race/ethnicity and socially assigned race/ethnicity
impact their perceived healthcare quality and health status.
E. The Reaction to Race questions help establish a baseline for socially-assigned
race/ethnicity and other race reaction questions to help understand health equity and
how race and health interact.
3. RESPONSIBILITIES OF CONTRACTOR (ADHS)
A. Assign Arizona BRFSS Program Manager/Coordinator, Bureau of Public Health
Statistics, to serve as a project liaison.
B. Regularly communicate with Maricopa County, as needed, through the duration of the
project to ensure project goals are achieved.
13
SECTION III
WORK STATEMENT
C. Work in collaboration with MCDPH to conduct public relations activities about the project
and findings from the survey.
D. Include 4 specific questions from the Social Context Module in the Arizona 2020 BRFSS
survey that were initially developed by the Centers for Disease Control and Prevention
(CDC).
E. Include 5 specific questions from the Reactions to Race Module in the Arizona 2020
BRFSS survey that were initially developed by the Centers for Disease Control and
Prevention (CDC).
F. Survey residents of Arizona in accordance with standard BRFSS survey processes and
use the 9 questions as State-Added questions in accordance with the policies and
practices of CDC and ADHS,
G. Conduct a small survey expansion in Maricopa County consisting of 1500 surveys,
H. Notify Maricopa County when the data from the BRFSS 2020 survey is ready to export
from the AZ BRFSS website.
I.
Receive and accept a contribution of $103,500 from Maricopa County as restricted
earmarked funds designated specifically toward the costs of the 9 questions as State-
Added in the 2020 BRFSS survey.
J. Any notice or other communication to be given shall be in writing and may be personally
served, sent by a recognized overnight courier or sent by U.S. mail, and shall be
deemed to have been delivered or, if delivery is refused, when tendered for delivery
properly addressed as directed below or to such other address later designated by a
party in writing to the other party.
4. RESPONSIBILITIES OF COUNTY
A. Reimbursement for the acquisition of the BRFSS question(s),
B. Effectively utilize the survey questions to design programs and allocate resources.
5. SCOPE OF WORK:
A. ADHS agrees to include the attached questions, See Attachment A.
B. The BRFSS 2020 will commence on January 2, 2020 and will expire on December 15,
2020.
14
SECTION IV
COMPENSATION
1. COMPENSATION
A. The Contractor shall submit a detailed monthly invoice by the 25 th of the following
month.
B. The Department shall, within thirty (30) working days from the date of receipt of
Contractor's invoice, process and remit to the Contractor a warrant for payment. Should
the Department make disallowance in the claim, the claim shall be processed to the
reduced amount. The Contractor shall be notified at the address below in writing of the
amount and reasons for any disallowances, and shall be afforded the opportunity to
document the appropriateness of the disallowed costs and to resubmit an invoice for
payment.
C, Each Party assumes sole and exclusive responsibility for payment of any federal and
state income taxes, federal social security taxes, workers' compensation, and
unemployment insurance benefits for its physicians, staff, agents, and employees, as
well as any and all other mandatory governmental deductions or obligations.
D. The Agreement amount is not-to-exceed $103,500.
2. METHOD OF PAYMENT
A. The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. 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
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity
•
Contract Item number(s)
•
Description of Purchase (services)
•
Pricing per unit of service
•
Extended price
•
Total Amount Due
B. Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order
C. The Contractor must maintain and have available upon request supporting documents
for each monthly reimbursement request, including invoices of costs incurred and
expenditure reports,
D. Subject to the availability of funds, the County will, within thirty (30) working days from
the date of receipt of documents enumerated herein, process and remit to the Contractor
a warrant for payment up to the maximum total allowable for services provided. Should
the County make a disallowance in the claim, the claim shall be processed for the
reduced amount. If the Contractor protests the amount or the reason for a disallowance,
15
SECTION IV
comPENsjecrioNt
the protest shall be construed as a dispute concerning a question of fact within the
meaning of the "Disputes" clause of the Special Provisions of this Agreement.
E. The Contractor understands and agrees that the County will not honor any claim for
payment submitted six (6) months after the date of service.
The Contractor
understands and agrees that the County will not process any claim for payment for
services rendered prior to the expiration date that is submitted sixty (45) days after the
expiration date without approval of the County.
F. Payments made by the County to the Contractor are conditioned upon the timely receipt
of applicable, accurate, and complete invoices submitted by the Contractor. The
Contractor forfeits the right to reimbursement for costs incurred in any month for which it
fails to meet the deadline for submitting the monthly reports, except if such failure is
beyond the reasonable control of the Contractor.
G. The Contractor shall submit one invoice to:
Maricopa County Department of Public Health
Program Operations Administrator
4041 N Central Ave, Suite #1400
Phoenix, AZ 85006
602-506-4926
4. PRICE SHEET
BRFSS 2020 SURVEY
ITEM
UNITS
RATE
TOTAL
Social Context
4
$11,500
$46,000
Race Module
5
$11,500
$57,500
Total
$103,500
5. NOTICE
Any notice given under this Agreement shall be sent to the attention of the following:
Department
Maricopa County Department
Of Public Health
Program Operations Administrator
4041 N Central Ave, Suite #1400
Phoenix, AZ 85006
602-506-4926
Public Health
Grants and Contracts Unit
Attn: Grants Administrator
4041 N Central Ave, Suite 1400
Phoenix, AZ 85012
Contractor
Office Chief, Arizona Health Disparities
Center, ADHS
150 N. 18th Avenue
Phoenix, AZ 85007
602-542-2849
16
ATTACHMENT A
State Added Section 6: Social Context (Split 2)
//START TIMER ETT5//
//ASK IF S8Q8 = 1 OR 2 AND CSTATE NE 21/
AZ5_1: Now, I am going to ask you about several factors that can affect a person's health. How
often in the past 12 months would you say you were worried or stressed about having enough
money to pay your rent/mortgage? Would you say you were worried or stressed---
PLEASE READ:
1
Always
2
Usually
3
Sometimes
4
Rarely
5
Never
DO NOT READ:
8
Not applicable
7
Don't know / Not sure
9
Refused
BASK IF CSTATE NE 211
AZ6_2: How often in the past 12 months would you say you were worried or stressed about
having enough money to buy nutritious meals? Would you say you were worried or stressed---
PLEASE READ:
1
Always
2
Usually
3
Sometimes
4
Rarely
5
Never
DO NOT READ:
8
Not applicable
7
Don't know / Not sure
9
Refused
//ASK IF S8Q15 = 'I OR 2 AND CSTATE NE V/
AZ5_3: At your main job or business, how are you generally paid for the work you do. Are you:
INTERVIEWER NOTE: If paid in multiple ways at their main job, select option 4 (Paid some
other way).
17
ATTACHMENT A
PLEASE READ:
1
Paid by salary
2
Paid by the hour
3
Paid by the job/task (e.g. commission, piecework)
4
Paid some other way
DO NOT READ:
7
Don't know / Not sure
9
Refused
//ASK IF S8Q15 = 1 OR 2 AND CSTATE NE 2//
AZ5_4: About how many hours do you work per week at all of your jobs and businesses
combined?
_ Hours [RANGE: 01-96 or morel
97
Don't know / Not sure
98
Does not work
99
Refused
State Added Section 12: Reactions to Race (Split 2)
//start timer ettl 2//
//ask if cstato no 2//
AZ12_1: How often do you think about your race? Would you say never, once a year, once a
month, once a week, once a day, once an hour, or constantly?
INTERVIEWER NOTE: The responses can be interpreted as meaning "at least" the indicated
time frequency. If a respondent cannot decide between two categories, check the response for
the lower frequency. For example, if a respondent says that they think about their race between
once a week and once a month, check "once a month" as the response.
1
Never
2
Once a year
3
Once a month
4
Once a week
5
Once a day
6
Once an hour
8
Constantly
7
Don't know / Not sure
9
Refused
18
ATTACHMENT A
AZ1 2_1 : 6Con que frecuencia piensa acerca de su raza? LDirla nunca, una vez al alio, una
vez al mes, una vez a la semana, una vez al die, una vez por hora o constantemente?
INSTRUCCIONES PARA EL ENCUESTADOR: Las respuestas pueden interpretarse coma
"per lo menos" la frecuencia indicada. Si la persona encuestada no puede decidir entre dos
categories, marque la respuesta quo tenga la menor frecuencia. Por ejemplo, si la persona
encuestada dice que piensa acerca de su raze entre una vez per semana y una vez per mes,
marque la respuesta "una vez per mes".
1
Nunca
2
Una vez al atio
3
Una vez al mes
4
Una vez a la semana
5
Una vez al die
6
Una vez por hora
8
Constantemente
7
No sabe/No este seguro
9
Se niega a contester
//ask if s8q15=1,2,4 and cstate ne 2//
AZ12_2: Within the pest 12 months at work, do you feel you were treated worse than, the same
as, or better than people of other races?
1
Worse than other races
2
The same as other races
3
Better than other races
DO NOT READ:
4
Worse than some races, better than others
5
Only encountered people of the same race
7
Don't know / Not sure
9
Refused
AZ12_2: En los 6Itimos 12 meses, Lha sentido en su trabajo que lo han tratado pear, igual a
mejor que a personas de &as razes?
1
Pear que a personas de otras razes
2
Igual quo a personas de otras razes
3
Mejor que a personas de otras razes
DO NOT READ:
4
Poor que a personas de ciertas razes, pero mejor quo a otras
5
Solo este en contacto con personas de su misma raza
7
No sabe/No este seguro
9
Se niega a contester
19
ATTACHMENT A
//ask if cstate no 211
AZ12_3: Within the past 12 months, when seeking health care, do you feel your experiences
were worse than, the same as, or better than for people of other races?
INTERVIEWER NOTE: If the respondent indicates that they do not know about other people's
experiences when seeking health care, say: "This question is asking about your perceptions
when seeking health care. It does not require specific knowledge about other people's
experiences."
1
Worse than other races
2
The same as other races
3
Better than other races
DO NOT READ:
4
Worse than some races, better than others
5
Only encountered people of the same race
6
No health care in past 12 months
7
Don't know / Not sure
9
Refused
AZ12_3: En los ultimos 12 meses, al solicitar atencion medica, ha sentido quo su experiencia
fue pear, igual o mejor que la de personas de otras razes?
NOTA PARA EL ENCUESTADOR: Si la persona encuestada dice que no conoce las
experiencias de otras personas al memento de buscar atencien medical, diga: "Este pregunta
tiene que ver con to que ha percibido al solicitar atenciOn medics. No es necesario quo sops
especificamente de las experiencias de otras personas".
1
Poor que la de personas de otras razes
2
lgual que la de personas de otras razes
3
Mejor quo la de personas de otras razes
DO NOT READ:
4
Poor quo la de personas de ciertas razas, pero mejor quo la de otras
5
Solo este en contacto con personas de su misma raze
6
No ha recibido atencion medica en los Oltimos 12 meses
7
No sabe/No este seguro
9
Se niega a contester
//ask if cstate no 2//
AZ12_4: Within the past 30 days, have you experienced any physical symptoms, for example, a
headache, an upset stomach, tensing of your muscles, or a pounding heart, as a
result of how you were treated based on your race?
Yes
2
No
7
Don't know / Not sure
9
Refused
20
ATTACHMENT A
AZ12_4: En los ultimos 30 dies, 6ha experimentado algOn sintoma fisico, por ejemplo, dolor de
cabeza, malestar estomacal, tension muscular o aumento de as palpitaciones
del corazon, coma consecuencia de la forma en due otras personas lo trataron
debido a su raze?
1
Si
2
No
7
No sabe/No este seguro
9
Se niega a contester
//ask if estate ne 2/1
AZ12_5: Within the past 30 days, have you felt emotionally upset, for example angry, sad, or
frustrated, as a result of how you were treated based on your race?
1
Yes
2
No
7
Don't know / Not sure
9
Refused
AZ12_5: En los ultinnos 30 dies, ,se ha sentido mal emocionalmente, por ejemplo, enojado,
triste o frustrado, coma consecuencia de la forma en que otras personas lo
trataron debido a su raza?
1
Si
2
No
7
No sabe/No este seguro
9
Se niega a contester
21