NOI 230163 CONTRACT AACHC PE.PDF
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Page 1 of 28 CONTRACT PURSUANT TO PH NOI #230163 This Contract is entered into this 1st day of September 2023 political subdivision of the State of Arizona, and Arizona Association of Community Health Centers dba Arizona Alliance for Community Health Centers services related to Overdose Data to Action: Limiting Overdose through Collaborative Actions in Localities (OD2A: LOCAL) Program. 1.0 CONTRACT TERM: 1.1 This Contract is for a term of twelve (12) months, beginning on the 1st day of September 2023 and ending the 31st day of August 2024. 1.2 The County may, at its sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration. 1.3 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms not to exceed a maximum term of five (5) years. The extended term shall end no later than the 31st day of August 2028. 1.4 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. 1.5 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 County shall provide written instructions of items requested as part of the transition plan and allow the Contractor 90 calendar days to provide the requested material. 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 expiration 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 3.2 Payment shall be made upon the County . Page 2 of 28 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 and Title County purchase order number Invoice number and date Payment terms Deliverable description 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 located at https://azdom-vss-ext.hostams.com/PRDVSS2X1/Advantage4 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 s. 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 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 3.5 TAX (SERVICES): to determine any and all applicable taxes. 4.0 AVAILABILITY OF FUNDS: Page 3 of 28 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 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 , or as otherwise directed in writing by the Procurement Officer. 6.0 TERMS AND CONDITIONS: 6.1 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to the sole negligence of County. 6.2 INSURANCE: 6.2.1 Contractor, at minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed Page 4 of 28 and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 6.2.3 or self-insurance maintained by County shall not contribute to it. 6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any afforded under the insurance policies. 6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 6.2.6 The insurance policies required by this Contract, except Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 6.2.7 Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any 6.2.8 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 6.2.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $2 hired, and non-owned vehicles assigned to or us or services or use or maintenance of the premises under this Contract. 6.2.10 : Federal and State statutes having jurisdiction of Co $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these Liability, or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. Page 5 of 28 6.2.11 Certificates of Insurance: 6.2.11.1 Prior to Contract award, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 6.2.11.2 In the event any insurance policy(ies) required by this Contract is(are) written on a claims made basis, coverage shall extend for two years past completion and accept Certificates of Insurance. 6.2.11.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) calendar days prior to the expiration date. 6.2.12 Cancellation and Expiration Notice: Applicable to all insurance policies required within the Insurance Requirements of this canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two (2) business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed, or hand delivered, to 4041 N. Central Avenue, #1400, Phoenix, AZ 85012 or emailed to the Procurement Officer noted in the solicitation. 6.3 FORCE MAJEURE: 6.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service. 6.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 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 WARRANTY OF SERVICES: 6.4.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments Contractor shall not relieve the Contractor from its obligations under this warranty. Page 6 of 28 6.4.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder. 6.5 INSPECTION OF SERVICES: 6.5.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during Contract performance and for as long afterwards as the Contract requires. 6.5.2 County has the right to inspect and test all services called for by the Contract, to the extent practicable at all times and places during the term of the Contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 6.5.3 If any of the services do not conform to Contract requirements, County may require the Contractor to perform the services again in conformity with Contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 6.5.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and 6.5.3.2 Reduce the Contract price to reflect the reduced value of the services performed. 6.5.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with Contract requirements, County may: 6.5.4.1 By Contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 6.5.4.1 Terminate the Contract for default. 6.6 ORDERING AUTHORITY: Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 6.7 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION: 6.7.1 This Contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this Contract when the County identifies a need and proper authorization and documentation have been approved. 6.7.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 6.8 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. Page 7 of 28 6.9 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. 6.10 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: 6.10.1 Cancel the stop work order; or 6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience clause of this Contract. 6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or Contract price, or otherwise, and the Contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 6.11 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 6.12 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: 6.12.1 Deliver the supplies or to perform the services within the time specified in this Contract or any extension; 6.12.2 Make progress, so as to endanger performance of this Contract; or 6.12.3 Perform any of the other provisions of this Contract. 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. 6.13 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 Page 8 of 28 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. 6.14 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01: If Contractor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 6.15 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-394: Contractor warrants and certifies that it does not currently, and agrees for the duration of the Agreement, that it will not use: 1. the forced labor of ethnic Uyghurs in the People's Republic of China, 2. any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China, 3. any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that the Contractor is not in compliance with this paragraph, Contractor shall notify the County within five business days after becoming aware of the noncompliance. If the Contractor fails to provide a written certification to the County that the Contractor has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the agreement terminates, except that if the agreement termination date occurs before the end of the 180-day period, the agreement terminates on the agreement termination date. 6.16 CONTRACTOR LICENSE REQUIREMENT: 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 all changes concerning permits, insurance, or licenses. 6.17 SUBCONTRACTING: 6.17.1 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. 6.17.2 The S bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates, or the County has approved the increase. The S invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, Page 9 of 28 without mark-up. A copy of the S invoice must accompany the Prime 6.18 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. 6.19 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. 6.20 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. 6.21 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. 6.22 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. 6.23 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. 6.24 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 , or national origin. 6.25 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 6.25.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief directors; 6.25.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction; Page 10 of 28 6.25.1.2 have not within three (3) year period preceding this Contract; 6.25.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and 6.25.1.2.2 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; 6.25.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a three (3) year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default. 6.25.1.3 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 6.25.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e., transactions with Subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. 6.26 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 6.26.1 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 (3) years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 6.26.2 The County retains the legal right to inspect Contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.26.1 of this Se intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the Contract and may pursue any and all remedies allowed by law, including, but not limited to; suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 6.27 INFLUENCE: Page 11 of 28 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: 6.27.1 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, 6.27.2 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. 6.28 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS: 6.28.1 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. 6.28.2 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. 6.28.3 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). 6.29 UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract, 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. 6.30 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 6.30.1 In accordance with section MC1-371 of the Maricopa County Procurement Code the Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 6.30.2 ds, 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. 6.31 AUDIT DISALLOWANCES: Page 12 of 28 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. 6.32 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. 6.33 CONFIDENTIAL INFORMATION: Any information obtained in the course of performing this Contract may include information that is 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 e 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 shall be referred to the County for review and approval, prior to any dissemination. 6.34 PUBLIC RECORDS: Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 6.35 PRICES: Contractor warrants those prices extended to County under this Contract are no higher than those paid by any other customer for these or similar services. 6.36 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. 6.37 RELATIONSHIPS: Page 13 of 28 6.37.1 In the performance of the services described herein, the Contractor shall act solely as an Independent Contractor or Subrecipient, 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. 6.37.2 For Task Order contracts: The County reserves the right of final approval on proposed staff for all services performed. Also, upon request by the County, the Contractor shall 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. 6.38 REQUIREMENTS FOR SUBRECIPIENTS OF FEDERAL FUNDING OF NON-RESEARCH GRANTS AND COOPERATIVE AGREEMENTS: 6.38.1 Federal Regulations and Policies: 6.38.2.1 Coronavirus State and Local Fiscal Recovery Funds- Final Rule (31 CFR Part 35) https://www.ecfr.gov/current/title-31/subtitle-A/part-35 6.38.2.2 Coronavirus State and Local Fiscal Recovery Funds Guidance on Recipient Compliance and Reporting Responsibilities (General Guidance) 6.38.2.3 Uniform Administrative Requirements, Cost Principles, and Audit Requirement for HHS Awards (45 CFR Part 75) - Part 75 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards 6.38.2.4 Uniform Administrative Requirements, Cost Principles, and Audit Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 6.38.2.5 HHS Grants Policies and Regulations - https://www.hhs.gov/grants/grants/grants-policies-regulations/index.html 6.38.2.6 HHS Grants Policy Statement - https://www.hhs.gov/sites/default/files/grants/grants/policies- regulations/hhsgps107.pdf 6.38.2.7 HHS Acquisition Regulation (HHSAR) - https://www.hhs.gov/grants/contracts/contract-policies- regulations/hhsar/index.html 6.38.2.8 Coronavirus Disease 2019 (COVID-19) Funds As a recipient of funds awarded by HHS under one or more Coronavirus funding initiatives, Contractor agrees to: 6.38.2.8.1 As applicable to the award, comply with existing and/or future directives and guidance from HHS regarding control of the spread of COVID-19 6.38.2.8.2 In consultation and coordination with HHS, provide, commensurate with the condition of the individual, COVID-19 appropriate public health measures (e.g., social distancing, home isolation) 6.38.2.8.3 Assist the United States Government in the implementation and enforcement of federal orders related to quarantine and isolation. Page 14 of 28 6.38.2.8.4 To the extent applicable, comply with Section 18115 of the CARES Act, with respect to the reporting to the HHS Secretary of results of tests intended to detect SARS CoV 2 or to diagnose a possible case of COVID 19. 6.38.2.8.5 The CDC has provided recommendations and guidelines to help mitigate and prevent COVID-19 and has identified vaccines and masks as two of the best tools to prevent the spread of COVID-19. The interim final rule and final rule help support recipients in stopping the spread of COVID-19 through these recommendations and guidelines. 6.38.3 Funding Restrictions and Limitations: 6.38.3.1 HHS Policy on Promoting Efficient Spending - https://www.hhs.gov/grants/contracts/contract-policies-regulations/efficient- spending/index.html 6.38.3.2 Federal Restrictions on Lobbying for HHS Financial Assistance Recipients - https://www.hhs.gov/grants/grants/grants-policies-regulations/lobbying- restrictions.html 6.38.3.3 CDC General Terms and Conditions for Non-Research Awards - https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-Non- Research-Awards.pdf 6.38.3.4 None of the funds, materials, property, or services contributed by the County, Contractor, or Subcontractor under the terms of this Contract may be used for any partisan political activities or used to further the election or defeat of any candidate for public office. 6.38.3.5 Telecommunications and video surveillance equipment, including entities (2 C.F.R. 200.471, 2 C.F.R. 200.216) 6.38.3.6 Section 602(c)(2)(A) of the Social Security Act provides that states and administrative interpretation during the covered period that redu 6.38.3.7 Sections 602(c)(2)(B) and 603(c)(2) prohibit all recipients, except Tribal governments, from using funds for deposit into any pension fund. 6.38.3.8 Use of funds for debt service, to replenish financial reserves, or to satisfy an obligation arising from a judicial settlement are unallowable. 6.38.3.9 Award recipients may not use funds for a program that undermines practices stopping the spread of COVID-19 6.38.3.9.1 This includes but is not limited: 6.38.3.9.1.1 to pay off business fines incurred as a violation of vaccination or safety requirements. 6.38.3.9.1.2 requiring that businesses abstain from requiring mask use or employee vaccination as a condition of receiving SLFRF funds. 6.38.3.9.1.3 self-dealing or violation of ethics rules provided by OMB (Office of Management and Budget Uniform Guidance). Page 15 of 28 6.38.3.10 Award recipients also required to comply with other federal, state, and local background laws, including environmental laws and federal civil rights and nondiscrimination requirements, which include prohibitions on discrimination on the basis of race, color, national origin, sex, (including sexual orientation and gender identity), religion, disability, or age, or familial status (having children under the age of 18). 6.38.4 Required Disclosures for Federal Awardee Performance and Integrity Information System (FAPIIS) - Consistent with 45 CFR 75.113, Contractor must disclose, in a timely manner in writing to MCDPH and the HHS Office of Inspector General (OIG), all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this federal award. Disclosures must be sent in writing to the assigned GMS/GMO identified in the NOA and to the HHS OIG at the following address: U.S. Department of Health and Human Services Office of the Inspector General ATTN: Mandatory Grant Disclosures, Intake Coordinator 330 Independence Avenue, SW Cohen Building, Room 5527 Washington, DC 20201 Fax: (202)-205- Email: MandatoryGranteeDisclosures@oig.hhs.gov 6.38.5 Acknowledgment of Federal Funding: 6.38.5.1 When issuing statements, press releases, publications, requests for proposal, bid solicitations and other documents -- such as tool-kits, resource guides, websites, -- describing the projects or programs funded in whole or in part by the U.S. Department of Health and Human Services (HHS) federal funds, Contractor must clearly state: 1) the percentage and dollar amount of the total costs of the program or project funded with federal money; and 2) the percentage and dollar amount of the total costs of the project or program funded by non-governmental sources. 6.38.5.2 When issuing statements resulting from activities supported by HHS financial assistance, the Contractor must include an acknowledgement of federal assistance using one of the following or a similar statement. The federal award total must reflect total costs (direct and indirect) for all authorized funds (including supplements and carryover) for the total competitive segment up to the time of the public statement. 6.38.5.2.1 If the HHS Grant or Cooperative Agreement is NOT funded with other non-governmental sources: This [project/publication/program/website, etc.] [is/was] supported by the Centers for Disease Control and Prevention of the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with 100 percent funded by CDC/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by CDC/HHS, or the U.S. Government 6.38.5.2.2 If the HHS Grant or Cooperative Agreement IS partially funded with other non-governmental sources: This [project/publication/program/website, etc.] [is/was] supported by the Centers for Disease Control and Prevention of the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with XX percentage funded by CDC/HHS and $XX amount and XX percentage Page 16 of 28 funded by non- government source(s). The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by CDC/HHS, or the U.S. Government. 6.39 OFFSHORE PERFORMANCE OF WORK PROHIBITED: Due to security and identity protection concerns, direct services under this Agreement shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated redundant back-up services, or services that are incidental to the performance of the Agreement. This provision applies to work performed by the Contractor as well as any Subcontractors. 6.40 AGREEMENT REGARDING COMPLIANCE MONITORING/AUDITING: under the terms and conditions of this Contract and applicable regulations promulgated by the Federal Funding Agency and Maricopa County. An onsite visit for compliance monitoring and compliance review shall be conducted by the County or its grantor agencies (or by both the County and its grantor agencies) a minimum of one time per fiscal year or at any time during the r unannounced. For auditing purposes, the County shall provide the Contractor with 30-45 The County will be responsible for scheduling and conducting the Onsite Monitoring Visits and for reporting the findings. During an onsite visit(s), Contractor shall make all records and accounts related to work performed or services provided under this Contract available to the County for inspection and copying. The onsite visit shall provide introductions to points of contact for Maricopa County and provide a fiscal year calendar with Compliance and Finance Timeline dates. County may request information for fiscal monitoring/audits per OMB Uniform Guidance 2 C.F.R. §200. Financial compliance monitoring is mandatory and occurs once per month virtually and includes uploading compliance documents related to the compliance testing topic. The selection picks include Budgets & Payroll (timesheets), Inventory Tracking, Procedures & Policies, Agreements & Contracts and Meetings required. The topics may change depending on Compliance Reviews but a minimum of one week notice will be sent in advance with a Checklist Agenda of items to be collected/uploaded to a secure SharePoint Site (access restricted to main POC on Subrecipient Contract and is required for the Compliance Desk Review Monitoring). The Subrecipient or agency will be responsible for compiling and assembling all requested materials, documents, and records to be uploaded to SharePoint Site. The onsite visit will end with a facility tour for a communication for any compliance findings that must be corrected. Areas of non-compliance will be summarized, and a timeline will be established to bring the item into compliance. Documentation of compliance must be submitted to the Compliance Inspector as established in the contract. Review of compliance will be conducted by the Compliance Unit in the County. It is the County responsibility to manage and monitor subrecipients, including monitoring their performance and compliance with applicable laws and regulations, as well as taking appropriate action when performance and compliance issues arise. 6.40.1 The following documents, records, and information should be readily available for compliance reviews and virtual testing meeting discussion: General Financial Management Records & Reports for Grant Expenditures, Match and Payments Procurement/Contracts/Purchase Orders/Agreements Time and Effort Reports/Timesheets/Payroll Records Written Record Retention Policies Inventory Controls Conflict of Interest Policy Page 17 of 28 Organizational chart showing placement of departments/units and individuals responsible for financial and programmatic matters Meeting minutes and agenda General ledger listing Travel policy Petty Cash or Cash Handling Policy Budget development and monitoring process Equipment Disposal records 6.41 CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS: Contractor shall, during the term of this Contract, within 15 business days from acceptance, inform the MCDPH Grant Administrator in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the County, where the award may affect either the direct or indirect costs being paid or reimbursed under this Contract. The failure to notify the County of any such agreement shall be a breach of this Contract and the County may immediately terminate this Contract without liability. The MCDPH Grant Administrator may request, and Contractor shall provide within a reasonable time, which shall not exceed ten (10) business days, a copy of all such other agreements or grants, when, in the opinion of the MCDPH Grant Administrator, the award of the agreement or grant may affect the costs being paid or reimbursed under this Contract. If the MCDPH Grant Administrator determines that the award to the Contractor of such other agreements or grants has affected the costs being paid or reimbursed under this Contract, then the MCDPH Grant Administrator shall prepare an amendment to this Contract effecting a cost adjustment. If the Contractor disputes the proposed cost adjustment, then the dispute shall be resolved pursuant to the "Disputes" paragraph of this Contract. 6.42 DISPUTES: Except as may otherwise be provided for in this Contract, the Parties may attempt to informally resolve any dispute arising out of this Contract for a reasonable period of time which shall not exceed one hundred twenty (120) calendar days. Disputes which are not resolved in that time period shall be submitted in accordance with the following formal dispute resolution process: 6.42.1 If a dispute cannot be resolved informally, then the Contractor shall notify the Department in writing by mailing notice of the dispute to the MCDPH Procurement Officer within ten (10) business days from expiration of the informal dispute resolution process described above. 6.42.2 The MCDPH Procurement Officer shall respond in writing to the Contractor within fourteen (14) business days. The decision of the MCDPH Procurement Officer shall be final and conclusive unless, within seven (7) business days after the date the Contractor is served with the decision, the Contractor files a written notice of appeal with the MCDPH Department Director. 6.42.3 The MCDPH Director shall provide Contractor with a written response within fourteen (14) business days following receipt of the notice of appeal. The decision of the MCDPH Director shall be final and not able to be appealed. 6.42.4 Pending a final decision of the MCDPH Director, Contractor shall diligently proceed with its performance of this Contract in accordance with the MCDPH Procurement decision. 6.43 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. Page 18 of 28 6.44 ORDER OF PRECEDENCE: proposed initial or best and final response to the solicitation, the terms of this Contract shall prevail. 6.45 INCORPORATION OF DOCUMENTS: The following are to be attached to and made part of this Contract: 6.40.1 Exhibit A, Budget 6.40.2 Exhibit B, Scope of Work 6.40.3 Exhibit C, Office of Procurement Services Contractor Travel and Per Diem Policy 6.40.4 Exhibit D, Information Pertaining to Notice of Award for Subrecipients of Grant Funds 6.40.5 Exhibit E, -Research Grant and Cooperative Agreements (rev. 11/2022) 6.40.6 Exhibit F, Unallowable Activities & Expenditures 6.46 NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: For Contractor: Maricopa County Department of Public Health Arizona Alliance for Community Health Centers Purchasing & Contracts Unit ATTN: Cheryl Bucalo, Procurement Officer ATTN: Leah Meyers 4041 N. Central Avenue, #1400 701 E Jefferson Street, Suite 100 Phoenix, AZ 85012 Phoenix, AZ 85034 Cheryl.Bucalo@Maricopa.gov 602-506-6886 LeahM@aachc.org 602-288--7544 Page 19 of 28 In witness whereof, this contract is executed on the date set forth above. For and on behalf of AACHC: Authorized Signature Date Name, Title For and on behalf of Maricopa County: Chairman, Board of Supervisors Date Attested: Clerk of the Board Date Approved as to form: Attorney for Maricopa County Date Page 20 of 28 EXHIBIT A BUDGET Category Description Amount Personnel Staff & Employee Related Expenses $134,028 Travel Site Visits & Training $2,695 Equipment Harm Reduction Vending Machines $34,000 Supplies Office, Marketing, Harm Reduction $24,505 Consultant/Contractual Technical Assistance, Workforce Development, Financial Audit, IT $46,803 Other Misc. Office Expenses $27,969 TOTAL BUDGET $270,000 Page 21 of 28 EXHIBIT B Scope of Work 1.0 SCOPE OF WORK Contractor shall: 1.1 Expand peer support specialist workforce at community health centers in Maricopa County. 1.1.1 Identify best practices for linkages to care and harm reduction. 1.1.2 Support efforts to involve people with lived experience as outreach staff. 1.1.3 Peer Support Specialists should provide overdose prevention education, follow-up support, and assistance with barriers to treatment. 1.2 Provide anti-stigma and overdose prevention education for staff at community health centers. 1.2.1 Support naloxone distribution and education. 1.2.2 Facilitate at least four webinars on how to implement harm reduction policies and programming in a healthcare setting. 1.2.3 Host a 3-part webinar series using the harm reduction mini-video playlist to increase knowledge and buy-in from all levels of health center staff. 1.3 Increase opioid-related training capacity and provide systems support to at least one community health system in Maricopa County. 1.3.1 Provide access to subject matter experts as a resource. 1.4 Collaborate with Safe Health Infants & Families Thive (SHIFT) to develop a continuing medical education accredited training program for providers. 1.5 Provide all information products to MCDPH for review and approval prior to dissemination. 1.6 Provide a budget for activities. 1.6.1 Detailed budget, inclusive of all costs, is required. 1.6.2 Abide by the guidelines set by CDC in Exhibit F Unallowable Activities & Expenditures. 1.7 Meetings 1.7.1 Participate in one meeting per month, at minimum, with MCDPH. 1.7.2 Attend meetings as required by the CDC. 1.8 Reporting 1.8.1 Designate an individual as point-of-contact for all reporting requirements. 1.8.2 Collect data for and report on OD2A performance measures and evaluation plan indicators as required by the CDC. 1.8.3 Evaluation strategy, including specific data points and performance measures, will depend on the proposed activities and shall be agreed upon by both parties. Page 22 of 28 1.8.4 Submit monthly reports describing the current status of activities. Unless otherwise agreed upon, reports will be submitted using Envisio platform established by MCDPH. 1.9 Understand and comply with all federal requirements related to funding source. Chosen recipients awarded a contract will be considered a subrecipient, which entails a higher level of compliance monitoring. MCDPH shall: 1.10 Review of the establishment and implementation of activities and measures for accomplishing the goals of this agreement. 1.11 Review and approve all information products prior to dissemination. 1.12 Provide technical assistance for implementation, execution, and evaluation of activities. 1.13 Establish template and submission method for required reporting. 1.14 Compensate Contractor according to Exhibit A Budget. Page 23 of 28 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 i 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 this 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 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. Page 24 of 28 6.0 Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified in individual contracts. 7.0 Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel and per diem expenses, and if applicable with a copy of the written consent issued by the Contract Administrator. No travel and per diem expenses shall be paid by County without copies of the written consent as described in this policy and copies of all receipts. Page 25 of 28 EXHIBIT D INFORMATION PERTAINING TO NOTICE OF AWARD FOR SUBRECIPIENTS OF GRANT FUNDS (2 CFR 200.332) § 200.332 Requirements for pass-through entities. All pass-through entities must: (a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and include the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass-through entity must provide the best information available to describe the Federal award and subaward. https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd https://sam.gov/fal/68467c9ed71e498aa904d8ef4970f5ee/view Prime Awardee: Maricopa County Department of Public Health DUNS # and Unique Entity Identifier #: 602062515 LM85MG1513K5 Federal Award Identification Number (FAIN): SLFRP0146 Subrecipient ame (which must match the name associated with its unique entity identifier): Arizona Association of Community Health Centers Subrecipient's Unique Entity Identifier (UEI #) (or DUNS # if UEI is not available): Federal Award Date Date of award to the recipient by the Federal agency: 09/01/2023 Subaward Period of Performance Start and End Date: 09/01/2023 08/31/2028 Subaward Budget Period Start and End Date: 09/01/2023 08/31/2024 Amount of Federal Funds Obligated by this Action by the pass-through entity to the Subrecipient (this is normally the contract amount): $270,000 Total Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity (including the current financial obligation): $270,000 Total Amount of the Federal Award to Prime Awardee: $2,892,500 Federal Award Project Description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Overdose prevention and surveillance activities driven by data, community partnerships, and a focus on health equity. Name of Federal Awarding Agency: Centers for Disease Control Pass-through Entity and contact information for awarding official (AO) of the Pass-through Entity: Maricopa County Department of Public Health Mitchell Lach mitchell.lach@maricopa.gov, 602-376-9503 Assistance Listings number and Title - the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement: 93.136 Identification of whether the award is R&D: No Indirect cost rate for the Federal award (including if the de minimis rate is charged) per § 200.414: 18.67% E1ZVMLSG3153 Page 26 of 28 EXHIBIT E U.S. Department of Health and Human Services General Terms and Conditions for Non-Research Grant and Cooperative Agreements https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-Non-Research-Awards.pdf Incorporation: The Department of Health and Human Services (HHS) grant recipients must comply with all terms and conditions outlined in the Notice of Funding Opportunity (NOFO), their Notice of Award (NOA), grants policy contained in applicable HHS Grants Policy Statements, 45 CFR Part 75, requirements imposed by program statutes and regulations, Executive Orders, and HHS grant administration regulations, as applicable; as well as any requirements or limitations in any applicable appropriations acts. The term grant is used throughout these general terms and conditions of award and includes cooperative agreements. Note: In the event that any requirement in the NOA, the NOFO, the HHS Grants Policy Statement, 45 CFR Part 75, or applicable statutes/appropriations acts conflict, then statutes and regulations take precedence. Page 27 of 28 EXHIBIT F UNALLOWABLE ACTIVITIES AND EXPENDITURES This document is to give an overview of general unallowable activities and expenditures related to overdose prevention under OD2A: LOCAL. While some of the activities listed below may contribute to overdose prevention in some manner, they are either not allowed by HHS, CDC, or congressional appropriations language. This is not an exhaustive list. Activities related to harm reduction: Establish a new Syringe Services Program (SSPs) Infrastructure costs for SSPs except when contributing to co-location of treatment (funds may be used for additional expenses associated with co-location) Provision of equipment solely intended for illegal drug use, such as syringes, cookers/spoons, syringes, and pipes Procurement of other equipment solely intended for preparing drugs for illegal drug injection, such as sterile water, filters, tourniquets, razors, straws, plastic cards, and tiny spoons Safe injection sites (controlled environments that facilitate safer use of illicit drugs by providing medical staff, clean facilities, and education) and developing educational outreach and guidance or materials (including mass media, print, digital, or other) about supervised injection facilities Purchasing and distributing fentanyl test strips for testing in biological samples for clinical decision-making purposes Purchasing basic food, health, or personal items if not intended to support outreach or engage individuals in venue-based programs (e.g., meal or grocery cards, first aid kits, hygiene items, clothes, etc.) Pharmacy voucher program that provides participants with vouchers redeemable for free syringes at participating pharmacies Activities related to public health/public safety: Drug disposal, including the implementation or expansion of drug disposal programs, drug take back programs, drug drop boxes, and drug disposal bags Purchase of handheld drug testing machines such as TruNarc, Fourier-transform infrared (FTIR) machines, or HPMS machines for the purposes of reducing possible law enforcement exposure to fentanyl Public safety activities that do not include overlap/collaboration with public health partners and objectives Activities related to health systems: Purchasing, leasing, or renting equipment intended to help EMS and other clinicians treat and manage overdose Provision of SUD treatment that includes MOUD and the purchase of medications such as Methadone, Buprenorphine, and Naltrexone Directly funding or expanding the provision of substance use treatment Page 28 of 28 Paying for fees associated with clinicians obtaining waived status for DATA waivers. This applies to direct reimbursements, contracts and waiver fees Financial incentives to encourage clinicians to participate in educational sessions and training activities (e.g., participation in academic detailing, attending seminars, completion of post-session surveys) Paying for the following services (only referral or linkage to them is allowed): o Treatment for substance use disorder (MOUD) o Behavioral therapy (e.g., cognitive behavioral therapy) o Housing assistance o Food assistance o Medical care Specialized clinical care, if indicated, such as pain management Other generalized, unallowable activities: Funding or subsidizing costs associated with programs other than those specifically targeting overdose prevention Childcare and childcare-related purchases (e.g. pack-n-play) Furniture or equipment (purchase or leasing vehicles may be allowable expenses for linkage to care activities) Research Prevention of Adverse Childhood Experiences (ACEs) as a standalone activity Funding cannot be used to directly fund or expand the direct provision of substance use disorder treatment programs. Such activities are outside the scope of this grant.