MOU CATCH MY BREATH FOUNTAIN HILLS.PDF
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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 Fountain Hills Unified School District 16000 East Palisades Blvd., Fountain Hills, AZ 85268 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 Fountain Hills Unified School District (“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 January 1, 2023 and shall continue until June 30, 2025. 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: de 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). 3. Provide to the school additional materials as requested and as funding allows 4, Recommend best practice alternatives to keep students in school rather than suspension 5. Provide cessation/quit referral system through ASHLine (Arizona Smokers Helpline) 6. 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 our grantee, Arizona Department of Health Services 7. Provide Pre and Post Survey results to the school at no cost 8. Provide support or technical assistance to school Fountain Hills Unified School District Shall: 1. Implement selected curriculum(s) (noted above) and provide implementation date(s) to MCDPH. 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 ASHLine (Arizona Smokers Helpline) 7. Direct selected staff member to MCDPH for any support or technical assistance 8. Provide a copy of the survey to parents along with a permission slip 7 days in advance of the survey's administration. Then only allow students with parent consent to take the survey 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 Fountain Hills Unified 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 Fountain Hills Unified 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 Fountain Hills Unified 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: Dalila Guerrero 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) 619-6898 Dalila.Guerrero@maricopa.gov IN WITNESS WHEREOF, THE PARTIES ENTER INTO THIS MOU: By: Marcy Flanagan Director, MCDPH Date Superintendent thorized Designee By: District StaffC-—?~ Fouutaia tills Unt fed Schon Distr et Name of District Marth O+, 309% Date IN WITNESS WHEREOF, the parties agree to enter into this contract: 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