ASU FINAL CONTRACT NOI 21021 CONTRACT.PDF
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SERIAL#: PH NOI 21021 Page 1 of 20 CONTRACT PURSUANT TO PH NOI 21021 This Contract is entered into this 17th day of November 2021 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Arizona Board of Regents, for and on behalf of Arizona State University, (“Contractor”) for the purchase of Services Related to Advancing Health Literacy to Advance Equitable Community Responses to COVID-19. 1.0 CONTRACT TERM: 1.1 This Contract is for a term of two (2) years, beginning on the 1st day of July 2021 and ending the 30th day of June 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 three (3) 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 date. 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 sum(s) stated in Exhibit “A.” 3.2 Payment shall be made upon the County’s receipt of a properly completed invoice. SERIAL#: PH NOI 21021 Page 2 of 20 3.3 INVOICES: 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 (number of days or weeks) • 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. SERIAL#: PH NOI 21021 Page 3 of 20 3.5 TAX (SERVICES): 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. 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: Arizona State University shall indemnify, defend, and hold harmless the Sponsor, its officers, employees, and agents from and against any and all liability, expenses (including reasonable attorney’s fees) or claims for injury or damages arising out of performance of this Agreement but only in proportion to and to the extent such liability, expenses, or claims for injury or damages are caused by or result from the negligent acts or omissions of ASU, its officers, agents or employees. Arizona State University is a public institution and, as such, any indemnification, liability limitation, release or hold harmless provision set forth in this Agreement will be limited as required by Arizona law, including without limitation Article 9, Sections 5 and 7 of the Arizona Constitution and A.R.S. §§ 35-154 and 41-621. Therefore, notwithstanding any other provision of this Agreement, Arizona State University’s liability under any claim for indemnification arising under this Agreement is limited to claims for property damage, personal injury, or death to the extent caused by negligent acts or omissions of Arizona State University. 6.2 INSURANCE: As an instrumentality of the State of Arizona, ASU is self-insured under the State of Arizona, Department of Administration Risk Management Department as provided under Arizona Revised Statutes Sections 41-621 et seq. That self-insurance program provides ASU with adequate insurance coverage as necessary and reasonable to insure itself and its personnel in connection with the performance of this Agreement. 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 SERIAL#: PH NOI 21021 Page 4 of 20 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. 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 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 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. 6.5 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. 6.6 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: 6.6.1 Cancel the stop work order; or 6.6.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience clause of this Contract. 6.6.3 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, SERIAL#: PH NOI 21021 Page 5 of 20 accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 6.7 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 6.8 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: 6.8.1 Deliver the supplies or to perform the services within the time specified in this Contract or any extension; 6.8.2 Make progress, so as to endanger performance of this Contract; or 6.8.3 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. 6.9 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the Contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity 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. 6.10 CONTRACTOR LICENSE REQUIREMENT: 6.10.1 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. 6.11 SUBCONTRACTING: 6.11.1 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. 6.11.2 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 SERIAL#: PH NOI 21021 Page 6 of 20 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. 6.12 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. 6.13 ADDITIONS/DELETIONS OF REQUIREMENTS: The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 6.14 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. 6.15 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. 6.16 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. 6.17 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. 6.18 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. 6.19 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 6.19.1 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; SERIAL#: PH NOI 21021 Page 7 of 20 6.19.1 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; 6.19.2 have not within three (3) year period preceding this Contract; 6.19.2.1.1 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 6.19.2.1.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 6.19.2.1.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; 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. 6.19.2.2 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 6.19.3 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. 6.20 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 6.20.1 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. 6.20.2 The County retains the legal right to inspect Contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.20.1 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 SERIAL#: PH NOI 21021 Page 8 of 20 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. 6.21 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: 6.21.1 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, 6.21.2 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. 6.22 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS: 6.22.1 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; 6.22.2 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. 6.22.3 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). 6.23 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. 6.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 6.24.1 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, SERIAL#: PH NOI 21021 Page 9 of 20 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. 6.24.2 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. 6.25 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. 6.26 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. 6.27 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. 6.28 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. SERIAL#: PH NOI 21021 Page 10 of 20 6.29 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. 6.30 RELATIONSHIPS: 6.30.1 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. 6.30.2 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. 6.31 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. 6.32 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. 6.33 INCORPORATION OF DOCUMENTS: The following are to be attached to and made part of this Contract: 6.33.1 Exhibit A, Pricing; 6.33.2 Exhibit B, Scope of Work; 6.33.3 Exhibit C, Office of Procurement Services Contractor Travel and Per Diem Policy. 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: Arizona State University Office of Evaluation and Partner Contracts ATTN: Wendy Wolfersteig, PhD, Director 201 N. Central, 33rd Floor Phoenix, AZ 85004 Phone: 602-565-2724 wendy.wolfersteig@asu.edu SERIAL#: PH NOI 21021 Page 11 of 20 IN WITNESS WHEREOF, this Contract is executed on the date set forth above. CONTRACTOR AUTHORIZED SIGNATURE PRINTED NAME AND TITLE ADDRESS DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL#: PH NOI 21021 Page 12 of 20 EXHIBIT A Pricing Total budget allocation: • Year 1: $143,044.00 (July 1, 2021 – June 30, 2022) • Year 2: $143,912.00 (July 1, 2022 – June 30, 2023) • Total project budget: $286,956.00 for contract duration I. Personnel Costs Principal Investigator Description: The Principal Investigator will oversee the evaluation activities of the overall project including supervision of staff and developing / sustaining relationships with partners along with oversight of budget, protocols, data analysis, report writing, and securing IRB approval. This allocation below will provide the services of 25% FTE. Year 1 total workforce expenditure cannot exceed: $21,094.00 Year 2 total workforce expenditure cannot exceed: $21,094.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for workforce labor is $42,188.00 total. Co-Principal Investigator Description: The Co-Principal Investigator will serve as liaison across many of the agencies and community-based organizations to assure community collaboration and engagement; and will assist the PI with overseeing the evaluation activities of the project. This allocation below will provide the services of 7% FTE. Year 1 total workforce expenditure cannot exceed: $7,783.00 Year 2 total workforce expenditure cannot exceed: $7,783.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for workforce labor is $15,566.00 total. Research Analyst I Description: The Research Analyst I will assist with all project activities which include development of health literacy plan content, training of the CHW’s, develop and implement data collection, and data analysis and report writing. The Research Analyst I will also serve as co-liaison for community engagement and collaboration. This allocation below will provide the services of 20% FTE. Year 1 total workforce expenditure cannot exceed: $10,600.00 Year 2 total workforce expenditure cannot exceed: $10,600.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for workforce labor is $21,200.00 total. SERIAL#: PH NOI 21021 Page 13 of 20 Research Analyst II Description: The Research Analyst II will manage the day-to-day activities of the project. Research Analyst II will serve as project liaison and lead evaluator to oversee all aspects of the project which include development of health literacy plan content, training of the CHW’s, develop and implement data collection, database development, and data analysis and report writing. This allocation below will provide the services of 25% FTE. Year 1 total workforce expenditure cannot exceed: $14,500.00 Year 2 total workforce expenditure cannot exceed: $14,500.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for workforce labor is $29,000.00 total. Research Specialist, Sr. Description: The Research Specialist, Sr. will assist in with all project activities which include development of health literacy plan content, training of the CHW’s, develop and implement data collection, and data analysis and report writing. This allocation below will provide the services of 20% FTE. Year 1 total workforce expenditure cannot exceed: $14,560.00 Year 2 total workforce expenditure cannot exceed: $14,560.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for workforce labor is $29,120.00 total. Program Coordinator Description: The Program Coordinator will manage the administration of the grant, including budget monitoring and personnel administration. The Program Coordinator will review all purchase requisitions and payroll documents and will review the budget reports generated by the University’s central accounting office. She will prepare monthly budget summaries and review expenditures and projections each month with the PI. This allocation below will provide the services of 5% FTE. Year 1 total workforce expenditure cannot exceed: $3,996.00 Year 2 total workforce expenditure cannot exceed: $3,996.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for workforce labor is $7,992.00 total. II. Fringe Benefits Faculty: Description: Employee related expenses (ERE) for faculty services is estimated at 26.50% for year 1 and 27.30% for year 2. The ERE cost for the Co-Principal Investigator is listed below. Year 1 total ERE expenditures: $2,062.00 Year 2 total ERE expenditures: $2,124.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for ERE is $4,186.00 total. SERIAL#: PH NOI 21021 Page 14 of 20 Staff: Description: Employee related expenses (ERE) for staff services per year is estimated at 32.60% for year 1 and 33.58% for year 2. The ERE costs for the Principal Investigator, Research Analyst I, Program Coordinator and is listed below. Year 1 total ERE expenditures: $11,635.00 Year 2 total ERE expenditures: $11,984.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for ERE is $23,619.00 total. Postdoctoral Associate: Description: Employee related expenses (ERE) for post-doc services per year is estimated at 22.10% for year 1 and 22.76% for year 2. The ERE cost for the Research Analyst II is listed below. Year 1 total ERE expenditures: $3,205.00 Year 2 total ERE expenditures: $3,301.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for ERE is $6,506.00 total. Part-Time Employees: Description: Employee related expenses (ERE) for part-time employee services per year is estimated at 10.10% for year 1 and 10.40% for year 2. The ERE cost for the Sr. Research Specialist is listed below. Year 1 total ERE expenditures: $1,471.00 Year 2 total ERE expenditures: $1,515.00 • No salary increases are authorized for the duration of this agreement. The maximum expenditure for ERE is $2,986.00 total. III. Equipment Description: N/A IV. Travel Description: Travel within Maricopa County is authorized for a total of 926 miles for the contract period at $.445 per mile. Year 1 total travel expenditures: $205.00 Year 2 total travel expenditures: $207.00 • The maximum expenditure for travel is $412.00 total. V. “Other” Direct Costs Description: N/A SERIAL#: PH NOI 21021 Page 15 of 20 VI. Indirect Costs: Description: Indirect costs are recoverable through this grant at a rate of 57% of chargeable expenses as applicable to organized research on-campus. Year 1 total indirect cost: $51,933.00 Year 2 total indirect cost: $52,248.00 • The maximum expenditure for indirect costs is $104,181.00 total. No indirect cost rate increases are authorized for the duration of this agreement. SERIAL#: PH NOI 21021 Page 16 of 20 EXHIBIT B Scope of Work I. BACKGROUND: According to national data from the Centers for Disease Control and Prevention (CDC), among those tested for COVID-19, non-Hispanic Black, Hispanic or Latino, and non-Hispanic people who identify as more than one race were more likely to have positive test results compared with non-Hispanic white or non-Hispanic Asian people. Nearly 9 out of 10 adults have difficulty using the everyday health information that is routinely available to them, which disproportionately affects lower socioeconomic and minority groups and is associated with worse health outcomes and higher costs. Over the past year MCDPH has worked in collaboration with many communities, hospitals, and other healthcare partners to respond to the COVID-19 pandemic and alleviate disparities among the county’s vulnerable communities. Equity has been the driving force to ensure that testing, education, outreach, and vaccine efforts reach all our diverse communities. Even through those efforts there is still so much more work to be done to address health literacy, vaccine hesitancy, and trust in healthcare. It is no longer sufficient for outreach to just be “culturally competent”; we must aim for linguistically and culturally appropriate health literacy to ensure information is not only received but also understood. II. STATEMENT OF WORK: The goals of this project are: • Goal #1: Reduce the proportion of adults who report poor patient and provider communication. • Goal #2: Reduce disparities in COVID-19 health outcomes and mortality. • Goal #3: Reduced disparities in socio-economic impact of COVID-19 (such as job absence, home or job loss). The intent of this contract is for Arizona State University (ASU) Southwest Interdisciplinary Research Center (SIRC) to serve as the program evaluator for the Maricopa County Department of Public Health (MCDPH) Health Literacy Grant cooperative agreement with the Department of Health and Human Services (HHS). III. PROJECT SCOPE AND OBJECTIVES: Scope of work 1. Collaboration a. Be available and accessible to the MCDPH Health Literacy Program Manager and other staff as required. b. Be available and accessible to MCDPH Health Literacy grant partners. c. Assist with training CHWs in data collection, survey administration, and evaluation protocol. 2. Institutional Review Board (IRB) a. Obtain ASU IRB approvals and make amendments as needed. 3. Evaluation Instruments a. Develop pre- and post-tests, assessment instruments, survey questionnaires, and data collection activities collaboratively to measure the effectiveness of the Health Literacy program. 4. Evaluation SERIAL#: PH NOI 21021 Page 17 of 20 a. Collaborate on evaluation strategy for health literacy and social determinants of health (SDOH) to determine if Health Literacy meets CLAS standards. b. Design evaluation strategy to determine which SDOH impact access and adherence to public health guidelines for COVID-19. c. Design, implement, and report program evaluation as it relates to the MCDPH Health Literacy program. d. Conduct literature review in order to provide support to the findings of the evaluation. e. Analyze primary and secondary data collected, including data from Providertech messaging platform. 5. Data Collection a. Develop database to collect standardized data for the Health Literacy program. b. Collect, clean, and tabulate all program evaluation data. c. Conduct quantitative data collection. d. Report status of data collected on a monthly basis. 6. Report Writing a. Write quarterly progress / activity reports of all work completed. b. Write the annual evaluation report. c. Develop a one/two pager of evaluation findings at end of year one and year two. 7. Dissemination of findings and work will be the responsibility of Maricopa County Department of Public Health. 8. Compliance a. Comply with all applicable provision of law and other rules and regulation of, all, governmental authorities relating to the performance of services. 9. Budget a. Ensure travel costs and supplies related to the evaluation are included in the Rate schedule. b. Submit monthly invoices c. Submit a monthly status report, which outlines major tasks, deliverables, and the progress of the project. IV. DELIVERABLES/SERVICES: Deliverables associated with this grant are described below. 1. Data Collection: Develop database to collect, clean, and tabulate all program evaluation data. 2. Evaluation Instruments: Collaborate with partners to develop pre and post- tests, assessment instruments, survey questionnaires, and data collection activities. 3. Evaluation: a. Collaborate on evaluation strategy for health literacy and social determinants of health (SDOH). b. Design evaluation strategy to determine utilization of a secure text-based messaging platform and which SDOH impact access and adherence to public health guidelines for COVID-19. c. Conduct literature review and analyze primary and secondary data collected. V. COSTS: See Exhibit A, Pricing sheet. VI. REPORTS: A template for reporting will be provided to the grantee. Monthly reporting is required no later than 10 days after the end of the service month. The report will cover the following area: • Progress/activity of all work completed. • Status of data collected. SERIAL#: PH NOI 21021 Page 18 of 20 Grantee will be required to submit an annual evaluation report, and a one/two pager of evaluation findings at end of year one and year two. VII. PERFORMANCE REQUIREMENTS: Precautions associated with COVID-19 is required in accordance with published pandemic protocols when interacting with community members. • Facemasks, social distancing, and other infection control precautions will be employed when interacting with community members, in accordance with published guidance from the Maricopa County Department of Public Health. VIII. PERIOD OF PERFORMANCE/ SCHEDULE: This agreement is activated for the grant period – July 1, 2021, to June 30, 2023 IX. PAYMENT AND INVOICING: A template for reporting will be provided to the grantee. Monthly invoices are required, no later than 10 days after the end of the service month. The report will cover the following areas: • Monthly expenditures • Requested reimbursements • A link will be provided for invoice submissions here: (Airtable link pending) SERIAL#: PH NOI 21021 Page 19 of 20 EXHIBIT C OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY 1.0 All contract-related travel plans and arrangements shall be prior-approved by the County Contract Administrator. 2.0 Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special District (County) contracts shall be reimbursed based on current U.S. General Services Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the following internet site to determine rates (no exceptions): www.gsa.gov 2.1 Additional incidental expenses (i.e., telephone, fax, internet and copying charges) shall not be reimbursed. They should be included in the contractor’s hourly rate as an overhead charge. 2.2 The County will not (under no circumstances) reimburse for Contractor guest lodging, per diem or incidentals. 3.0 Commercial air travel shall be reimbursed as follows: 3.1 Coach airfare will be reimbursed by the County. Business class airfare may be allowed only when preapproved in writing by the County Contract Administrator as a result of the business need of the County when there is no lower fare available. 3.2 The lowest direct flight airfare rate from the Contractors assigned duty post (pre-defined at the time of contract signing) will be reimbursed. Under no circumstances will the County reimburse for airfares related to transportation to or from an alternate site. 3.3 The County will not (under no circumstances) reimburse for Contractor guest commercial air travel. 4.0 Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of travelers for the same travel period will not be permitted without prior written approval by the County Contract Administrator. 4.1 Purchase of comprehensive and collision liability insurance shall be at the expense of the contractor. The County will not reimburse contractor if the contractor chooses to purchase these coverage. 4.2 Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger vehicle is necessary for cost efficiency due to the number of travelers. (NOTE: contractors shall obtain pre-approval in writing from the County Contract Administrator prior to rental of a larger vehicle.) 4.3 County will reimburse for parking expenses if free, public parking is not available within a reasonable distance of the place of County business. All opportunities must be exhausted prior to securing parking that incurs costs for the County. Opportunities to be reviewed SERIAL#: PH NOI 21021 Page 20 of 20 are the DASH; shuttles, etc. that can transport the contractor to and from County buildings with minimal costs. 4.4 County will reimburse for the lowest rate, long-term uncovered (e.g. covered or enclosed parking will not be reimbursed) airport parking only if it is less expensive than shuttle service to and from the airport. 4.5 The County will not (under no circumstances) reimburse the Contractor for guest vehicle rental(s) or other any transportation costs. 5.0 Contractor is responsible for all costs not directly related to the travel except those that have been pre-approved by the County Contract Administrator. These costs include (but not limited to) the following: in-room movies, valet service, valet parking, laundry service, costs associated with storing luggage at a hotel, fuel costs associated with non-County activities, tips that exceed the per diem allowance, health club fees, and entertainment costs. Claims for unauthorized travel expenses will not be honored and are not reimbursable. 6.0 Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified in individual contracts