MARICOPA COUNTY DEPT. OF PUBLIC HEALTH- VAPING PROGRAM 04.23.2023.PDF

Memorandum of Understanding
Between
Maricopa County Department of Public Health
Office of Tobacco Prevention and Cessation
4041 N. Central Ave Suite #1400 Phoenix AZ 85012
and
Glendale Elementary School District No. 40
7301 N 58*" Ave, Glendale, AZ 85301

This Memorandum of Understanding (MOU) is hereby made and entered into by and between Maricopa
County by and through its Department of Public Health (MCDPH), Office of Tobacco Prevention &
Cessation (OTPC), and Glendale Elementary School District No. 40 (“District” or “School”).

1. BACKGROUND
Nicotine Exposure during adolescence can harm the developing brain which continues to develop until
about age 25. Even vapes that are marketed as nicotine-free may still contain nicotine.

2. PURPOSE
The purpose of this Memorandum of Understanding is to help provide education about the harmful
effects of tobacco use and to help reduce teen tobacco/vaping.

3. TERM:

The Term of this Memorandum of Understanding shall begin on July 1, 2022, continuing until June 30,
2023. This MOU shall be effective through the end of this Term unless terminated earlier by either party
as detailed below.

4. TERMINATION:
Either Party may terminate the instrument, in whole or in part, at any time before the date of the Term
expiration by giving thirty (30) days written notice to the other Party.

5. RESPONSIBILITIES OF BOTH PARTIES:

MCDPH Shall:

1. Recommend School-Based Tobacco Prevention and Cessation Programs

2. Support school’s tobacco/vaping prevention efforts by offering no cost evidence-based
curriculums. The Catch My Breath can be taught by a school staff member (teacher, prevention
specialist, social worker, nurse, or counselor) or the Vaping: Know the Truth can be self-paced
by a student online during school or at home

Name of Curriculum Selected by School

3. Support school’s tobacco/vaping diversion efforts by offering no cost evidence-based
curriculums. The Stanford 2- and 4-Hour Healthy Futures curriculum can be taught by a school
staff member (teacher, prevention specialist, social worker, nurse, or counselor) or the Stanford
1 Hour Healthy Futures curriculum can be self-paced by a student online during school or at
home

Name of Curriculum Selected by School

4. Provide to the school additional materials as requested and as funding allows

5. Recommend best practice alternatives to keep students in school rather than

suspension

6. Provide cessation/quit referral system through ASH Line (Arizona Smokers Helpline)

7. Provide Pre and Post Surveys that shall be completed by students before and after
curriculums for data collection purposes. Pre and Post surveys will be anonymous and will not
contain any student identifiers. Pre and Post surveys and results will be shared with Arizona
Department of Health Services

8. Provide Pre and Post Survey results to the school at no cost

9. Provide support or technical assistance to school

Glendale Elementary School District Shall:

1. Implement selected curriculum(s) (noted above) within the 2022-23 school year.

2. Adhere to selected curriculum(s) implementation as designed with no modifications or
alterations

3. Administer the Pre- Survey to students prior to implementation of selected curriculum

4. Administer the Post Survey to students after completion of selected curriculum

5. If applicable, collect and submit Pre and Post Surveys to MCDPH

6. If applicable, provide students cessation/quit referrals to ASH Line (Arizona Smokers Helpline)
7. Direct selected staff member to MCDPH for any support or technical assistance

6. CONFIDENTIALITY

Both parties understand and concur that this MOU is subject to all State and Federal laws protecting
participant confidentiality, including the Health Insurance Portability and Accountability Act of 1996 and
its implementing regulations (“HIPAA”). Participant confidentiality will be maintained equally for all
individuals present for service whether being provided by MCDPH or the Glendale Elementary School
District. The use of or disclosure by either Party of any information concerning an eligible individual
served under this MOU is directly limited to the fulfillment of this MOU.

7. RETENTION and INSPECTION Of RECORDS.

The Parties shall retain, and shall contractually require each Subcontractor to retain, all books, accounts,
reports, files, and other records until completion of the MOU and to make such documents open to
inspection and audit at reasonable times.

8. NONDISCRIMINATION

The Parties shall comply with all applicable State and Federal employment laws, rules, and regulations
which require that all persons shall have equal access to employment and education opportunities
regardless of race, color, religion, disability, sex (including sexual preference/identity), age, national
origin, veteran’s status, genetic code, or political affiliation during the term of this MOU.

9. INDEMNITY

Unless otherwise expressly provided, the Glendale Elementary School District and MCDPH

shall be individually responsible for the conduct of its own operations and performance of obligations
under this MOU and for any accidents, injuries to or the death of persons or damage or loss of property
arising out of negligent or wrongful acts omissions by its officers, agents or employees acting in the

course or scope of their employment and/or while performing duties undertaken pursuant to this MOU.
To the extent allowed by law, the Glendale Elementary School District and MCDPH shall each indemnify
the other for the acts or omissions of its own officers, agents, or employees acting in the course or scope
of their employment that may lead to any claims, liability, loss, or expense brought

against the other party, including reasonable costs, collection expenses, and attorney’s fees incurred in
the defense of the claim.

11. GOVERNING OF LAW.

This MOU shall be construed under the laws of the State of Arizona and shall incorporate by reference
all laws governing the mandatory contract provisions of state agencies required by statute or executive
order.

12. RIGHTS OF PARTIES ONLY

The terms of this MOU are intended only to define the respective rights and obligations of the Parties.
Nothing expressed herein shall create any rights or duties in favor of any potential third-party
beneficiary or other person, agency, or organization.

13. AUTHORITY OF PARTIES

The persons executing this MOU on behalf of the Parties hereby represent and guarantee that they have
been authorized to do so on behalf of themselves and the entity they represent. Further representation
is made that due diligence has occurred, and that all necessary internal procedures and processes,
including compliance with the open meeting law where necessary, have been satisfied in order to legally
bind the entity to the terms of this MOU.

14. AVAILABILITY OF FUNDS

Should MCDPH determine that funds are not available for continuing the services; the Parties may
cancel this MOU. Every performance of the parties under this MOU is conditioned upon the availability
of funds appropriated, allocated or granted for performance. If funds are not available for the
continuance of this MOU, this MOU may be terminated by either Party at the end of the period for
which funds are available. No liability shall accrue to either Party in the event of termination, and
neither Party shall be obligated or liable for any future performance, payments or for any damages as a
result of termination under this paragraph.

15. AMENDMENTS:
Any changes to this MOU shall be in writing and signed by both Parties.

16. COMPENSATION
There will be no compensation provided to either Party under this MOU.

17. NOTICES:

Communication and details concerning this MOU shall be directed to the following
representatives:

Jocabed Hernandez

Tobacco-Free Regional Mobilizer

Maricopa County Department of Public Health
Office of Tobacco Prevention and Cessation

4041 N. Central Ave Suite 1400
Phoenix, AZ 85012
(602) 525-1514

Jocabed.Hernandez@maricopa.gov

IN WITNESS WHEREOF, THE PARTIES ENTER INTO THIS MOU:

By:
Marcy Flanagan
Director, MCDPH

Date

Superintendent or Authorized Designee

District or School Staff

Ghndal. Elewntonbry Cheol Dishael

Name of School

April}, 423

Date

IN WITNESS WHEREOF, the parties agree to enter into this MOU:

FOR AND ON BEHALF OF
MARICOPA COUNTY

By

Chairman, Board of Supervisors

Date

ATTEST:

Clerk of the Board

Date

APPROVED AS TO FORM:

Attorney for Maricopa County

Date