NEW _MADISON SCHOOL IGA V2.DOCX

INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
1. Agreement No: C- 2. Agreement Type: _Fee for Service
3. Agreement Amount: $1500________ 4. Purpose: Wellness Committee Activities
5. Start Date: May 1, 2021 6. Expiration Date: August 31, 2021
This Agreement is entered into by and between the Madison School District (referred to herein as “Contractor”), and Maricopa
County, by and through its Department of Public Health (referred to herein after as “County”). Contractor and the County are
collectively referred to herein as the “Parties” and individually as a “Party.” Contractor, for and in consideration of the covenants
and conditions set forth herein, shall provide and perform the services as set forth below. All rights and obligations of the Parties
shall be governed by the terms of this Agreement, its exhibits, attachments, and appendices, including any subcontracts or
amendments as set forth herein and in:
Section I - General Provisions Section III - Work Statement
Section II - Special Provisions Section IV - Compensation
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. Nothing in this Agreement shall
be construed as consent to any lawsuit or waiver of any defense in a lawsuit brought against the County or the Contractor in any
State or federal Court.
Legal Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage prepaid, return
receipt requested, to the addresses set forth below and shall be effective upon receipt by the Party to whom addressed unless
otherwise indicated in the notice.
Notice to Contractor: Madison School District Phone 602-664-7900
Address 5601 N. 16th St. Phoenix, AZ 85016
Notice to Department: MCDPH Grants/Contract Unit Phone: (602) 372-0674
Address: 4041 North Central Avenue, Suite #1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY BOARD OF SUPERVISORS
Signature: Signature:
Name: Name: Jack Sellers
Title: Title: Chairman, Board of Supervisors
Date: Date:
ATTEST:
Signature
Clerk of the Board
Date
Pursuant to A.R.S. § 11-952, the undersigned public agency Pursuant to A.R.S. § 11-952, the Attorney for the Board of
attorney has determined that this Intergovernmental Agreement Supervisors has determined that this Intergovernmental
is in proper form and is within the powers and authority granted Agreement is within the powers and authority granted under the
under the laws of the State of Arizona. laws of the State of Arizona.
Signature: Signature:
Attorney for Maricopa County
Name: Name:
Date: Date:
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SECTION I GENERAL PROVISIONS
1. EFFECT
To the extent the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent the Work Statement(s) and the Special or General
Provisions are in conflict, the Work Statement(s) shall control.
2. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
A. Agreement means this document and all attachments and amendments hereto.
B. Contractor means the person, firm or organization listed on the Cover Page of
this Agreement.
C. County means Maricopa County, Arizona.
D. Department means the Maricopa County Department of Public Health.
E. Funding Source means any federal, State, or private agency funding source,
which may impose conditions on the funding that will be passed on to the
Contractor.
3. GENERAL REQUIREMENTS
A. The terms of this Agreement shall be construed in accordance with Arizona law.
Any lawsuit arising out of this Agreement shall be brought in the appropriate court
in Maricopa County.
B. The Contractor shall, without limitation, obtain and maintain all licenses, permits,
and authority necessary to do business, render services, and perform work under
this Agreement, and shall comply with all laws regarding unemployment insurance,
disability, and workers’ compensation.
C. The Contractor is an independent contractor in the performance of work and the
provision of services under this Agreement and is not to be considered an officer,
employee, or agent of the County.
4. AMENDMENTS
All Amendments to this Agreement must be in writing and signed by authorized persons
for both Parties. All amendments shall clearly state the effective date of the action.
5. RETENTION OF RECORDS
A. This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the Contractor that relate to
this Agreement.
B. The Contractor shall retain all financial books, records, and other documents
related to this Agreement for five (5) years after final payment or until after the
resolution of any audit questions, which could be more than five (5) years,
whichever is longer. County, federal, or State auditors, and any other persons duly
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SECTION I GENERAL PROVISIONS
authorized by the County, shall have full access to and the right to examine, copy
and make use of any and all such financial books, records and other documents.
6. ASSIGNMENT AND SUBCONTRACTING
No rights, liability, obligations or duties under this Agreement may be assigned, delegated,
or subcontracted without the prior written approval of the County.
7. AUDIT DISALLOWANCES
A. The Contractor shall, upon written demand therefore, reimburse the County for any
payments made under this Agreement that are disallowed, by a federal, State or
County audit in the amount of the disallowance, as well as court costs and attorney
fees the County incurs to pursue legal action relating to a disallowance.
B. If the County determines that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance
and the required course of action, which shall be at the option of the County either
to adjust any future claim submitted by the Contractor by the amount of the
disallowance or to require immediate repayment of the disallowed amount by the
Contractor.
8. AGREEMENT COMPLIANCE MONITORING
County shall monitor the Contractor's compliance with, and performance under, the terms
and conditions of this Agreement. On-site visits for compliance monitoring may be made
by the County and/or its grantor agencies at any time during the Contractor's normal
business hours, announced or unannounced. During an on-site visit, the Contractor shall
make its records and documents related to work performed or services provided under
this Agreement available to the County for inspection and copying.
9. AVAILABILITY OF FUNDS
A. The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor, as
provided herein, are actually available to the County for disbursement. The
Department shall be the sole authority in determining the availability of funds under
this Agreement and the County shall keep the Contractor fully informed as to the
availability of funds.
B. If any action is taken by any State agency, federal department, or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligations under or
in connection with this Agreement, the County may amend, suspend, decrease, or
terminate its obligations under or in connection with this Agreement. If this
Agreement is terminated, the County shall be liable for payment only for services
rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Agreement. The County
shall give written notice of the effective date of any suspension, amendment, or
termination under this section at least ten (10) days in advance.
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SECTION I GENERAL PROVISIONS
10. NON-APPROPRIATION OF FUNDS
Notwithstanding any other provision herein, this Agreement may be terminated without
liability if the Maricopa County Board of Supervisors does not appropriate sufficient monies
for the purpose of maintaining this Contract.
11. DEFAULT
The County may suspend, modify, or terminate this Agreement immediately upon giving
written notice to the Contractor if the Contractor fails to perform under or otherwise
breaches any obligation under this Agreement, or upon the occurrence of any event that
may jeopardize the ability of the Contractor to perform any of its obligations under this
Agreement.
12. TERMINATION
A. Either Party may terminate this Agreement at any time by giving the other Party at
least thirty (30) calendar days prior written notice.
B. This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
C. The County may terminate this Agreement upon twenty-four (24) hours’ notice
when the County deems the Contractor’s non-compliance jeopardizes funding
source financial participation. If not terminated by one of the above methods, this
Agreement will terminate upon the expiration date of this Agreement as stated on
the Cover Page of this Agreement.
13. SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision hereof, and the remaining
provisions shall remain in full force and effect.
14. STRICT COMPLIANCE
Acceptance by the County of performance that is not in strict compliance with the terms
of this Agreement shall not be deemed to waive the requirement of strict compliance for
all future performance. All changes in performance obligations under this Agreement must
be in writing and signed by the Parties.
15. NON-LIABILITY
The County and its officers, representatives, agents, and employees shall not be liable for
any act or omission by the Contractor or any subcontractor, employee, officer, agent, or
representative of the Contractor or any subcontractor occurring in the performance of this
Agreement, nor shall they be liable for purchases or contracts made by the Contractor or
any subcontractor in connection with this Agreement.
16. INDEMNITY
The parties agree that both are Self-Insured government entities.
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SECTION I GENERAL PROVISIONS
Each party (as "Indemnitor"), to the fullest extent permitted by law, agrees to indemnify,
defend, and hold harmless the other party (as "Indemnitee") from and against any and all
claims, losses, liability, costs, or expenses (including reasonable attorney's fees)
(hereinafter collectively referred to as "claims") arising out of the negligent performance of
this agreement, but only to the extent that such claims which result in vicarious/derivative
liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or
other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
17. NON-DISCRIMINATION
The Contractor, in connection with any service or other activity under this Agreement, shall
not in any way discriminate against any person on the grounds of race, color, religion, sex,
national origin, age, disability, affiliation or belief. The Contractor shall include this clause
in all of its subcontracts related to this Agreement.
18. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, or national origin. The Contractor
shall take affirmative action to insure that applicants are employed and that employees
are treated during employment without regard to their race, age, disability, color, religion,
sex, or national origin. Such action shall include, but is not limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-
off or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. The Contractor shall, to the extent such provisions apply,
comply with Titles VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et
seq.); the Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603) (“IRCA”); and
Arizona Executive Order 2009-09, which mandates that all persons shall have equal
access to employment opportunities. The Contractor shall also comply with all applicable
provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.).
19. RIGHT OF PARTIAL CANCELLATION
If more than one activity is funded by this Agreement, the County reserves the right to
terminate this Agreement or any part thereof based on the Contractor's failure to perform
any part of this Agreement without impairing, invalidating or canceling the remaining Work
Statement obligations.
20. RIGHT TO EXTEND AGREEMENT
Subject to the availability of funds and acceptable Contractor performance, the Contractor
hereby acknowledges and agrees that the County shall have the right to extend this
Agreement for additional one-year periods, not to exceed a total extended term of three
(3) years, except that the cost will be subject to renegotiation. Any extension of this
Agreement shall be in writing mutually acceptable to the Department and the Contractor
and signed by both Parties.
21. CIVIL SERVICES DIVISION
The parties to this agreement acknowledge that they are aware that the Civil Services
Division of the Maricopa County Attorney’s Office (Civil Division) may be chosen as the
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SECTION I GENERAL PROVISIONS
attorney for other parties to this agreement, and the signing party acknowledges that it is
aware of a potential conflict of interest, and it waives any claim of conflict of interest, which
may arise by virtue of Civil Division’s representation of other parties to this agreement.
22. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The undersigned, an authorized representative of the Contractor, certifies, to the
best of his or her knowledge and belief, that the Contractor, defined as the primary
participant in accordance with 45 C.F.R. Part 76, and its principals:
1) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
2) have not within the 3-year period preceding this Agreement been convicted of
or had a civil judgment entered against them for the commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a
public (federal, State or local) transaction or contract under a public transaction;
violation of federal or State antitrust statues or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3) are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, State or local) with the commission of any of the
offenses enumerated in paragraph (2) of this certification; and
4) have not within the 3-year period preceding this Agreement had one or more
public transactions (federal, State or local) terminated for cause or default.
B. If the Contractor is not able to provide this certification, an explanation as to why
shall be attached to this Agreement.
C. The Contractor shall include, without modification, this Paragraph in all lower tier
covered transactions (i.e., transactions with subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
23. E-VERIFICATION OF EMPLOYEES
The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
A. That the Contractor and its subcontractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214;
B. That a breach of the warranty under subsection A above shall be deemed a
material breach of this Agreement that entitles the County to, among other things,
immediately terminate this Agreement without liability;
C. That the County and any contracting government entity retains the legal right to
inspect the papers of any contractor or subcontractor employee who works on this
Agreement to ensure that the contractor or subcontractor is complying with the
warranty provided under subsection A above and that the contractor agrees to
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SECTION I GENERAL PROVISIONS
make all papers and employment records of said employee(s) available during
normal working hours in order to facilitate such an inspection;
D. That nothing herein shall make any contractor or subcontractor an agent or
employee of the County or contracting government entity.
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SECTION II SPECIAL PROVISIONS
1. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the
Special Provisions shall control. To the extent that the Work Statement(s) are in conflict
with the Special or General Provisions, the Work Statement(s) shall control.
2. DISPUTES
Except as otherwise provided by law, or otherwise specifically agreed to by the Parties,
any dispute not involving a question of law arising out of this Agreement that is not
resolved between the Parties within a reasonable time, which shall not exceed 120 days,
shall be resolved as follows:
A. Disputes must be filed with the person administering this Agreement for the
County, if one has been appointed, or, if not, with the Procurement Officer, within
ten (10) days from the date the Contractor knew or should have known the basis
of the dispute.
B. The person administering this Contract or the Procurement Officer, as applicable,
shall respond in writing to the dispute within fourteen (14) days.
C. The Contractor may abide by the decision or may appeal the decision to the
Director of the Department within seven (7) days.
This Paragraph shall not apply to claims arising from bodily injury, death, or property
damage.
3. CHANGES
A. The County may, at any time, by written order, make changes within the scope of
this Contract in any one or more of the following areas:
1). Work Statement activities reflecting changes in the scope of services,
funding source, or County regulations, policies, or requirements.
2). Administrative requirements, such as changes in reporting periods,
frequency of reports, or report formats required by funding source, or
County regulations, policies, or requirements.
3). Contractor reimbursement schedules and program budgets
B. The County shall not increase or decrease the maximum reimbursable amount to
be paid the Contractor without an official amendment to this Agreement.
Additionally, the County shall not direct substantive changes in services to be
rendered by the Contractor.
C. Any dispute or disagreement caused by such written order shall constitute a
"Dispute" within the meaning of the Disputes Clause of the Special Provisions of
this Agreement and shall be administered accordingly.
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SECTION II SPECIAL PROVISIONS
4. LAWS, RULES AND REGULATIONS
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws, rules, and regulations that pertain hereto.
A. Neither this Agreement, nor any portion thereof, may be assigned to another
person by the Department without the written consent of the Contractor’s
designated representative. Any attempt by the Department to assign any portion
of this Agreement without the written consent of the Contractor shall constitute a
breach of this Agreement.
B. No assignment shall alter the Department’s responsibility to the Contractor to
assure that all of the provisions under this Agreement are carried out by its
assignee. All terms and conditions in this Agreement shall be included in the
Department’s assignments.
5. SPECIAL REQUIREMENTS
A. If the use of subcontractors is approved by County, the Contractor shall use written
subcontracts or consultant agreements that conform to Federal and State laws and
regulations, and to the requirements of this Contract appropriate to the service or
activity covered by the subcontract. These provisions apply with equal force to the
subcontract as if the subcontractor were the Contractor referenced herein. The
Contractor is responsible for performing under this Contract whether or not
Subcontractors are used. The Contractor shall submit a copy of each Subcontract
to the County within fifteen (15) days of its effective date.
B. The Contractor shall include in any subcontracts a provision to the effect that the
subcontractor agrees that the County shall have access to the subcontractor’s
facilities and the right to examine any books, documents, and records of the
subcontractor, involving transactions related to the subcontract and that such
books, documents, and records shall not be disposed of except as provided herein.
6. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that pursuant to A.R.S. § 38-511, the County may cancel this Agreement
without penalty or further obligation within three years after execution of this Agreement,
if any person significantly involved in initiating, negotiating, securing, drafting, or creating
this Agreement on behalf of the County is at any time while this Agreement or any
extension of this Agreement is in effect, an employee or agent of any other Party to this
Agreement in any capacity or consultant to any other Party of this Agreement with respect
to the subject matter of this Agreement. 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 this Agreement on behalf of the
County from any other Party to this Agreement arising as the result of this Agreement.
This Agreement may be cancelled pursuant to A.R.S. § 38-511.
7. LAWS, RULES AND REGULATIONS
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws, rules, and regulations that pertain hereto.
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SECTION II SPECIAL PROVISIONS
8. SPONSORSHIP ACKNOWLEDGMENT
All promotional materials, brochures, and flyers prepared by the Contractor shall include
the following statement, “Sponsored by Maricopa County Department of Public Health.”
9. ISRAEL BOYCOTT
By submitting this Agreement, the Contractor certifies that they are in compliance with
Article 9, A.R.S. Section 35-393 et seq.
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SECTION III WORK STATEMENT
1. DEFINITIONS
A. DEPARTMENT refers to the Maricopa County Department of Public Health
(MCDPH) and includes the Maricopa County Office of Nutrition and Physical
Activity.
B. CONTRACTOR refers to the School District listed on the front page of this
Agreement.
C. COUNTY refers to Maricopa County, Arizona.
E. DELIVERABLES defined as the essential program outcomes as outlined by the
program description, i.e. educational projects, outreach events, reporting, and
technical assistance.
F. MATERIAL refers to non-stipend related expenses.
G. STIPEND refers to the funds allocated to the school Wellness Coordinator.
2. PURPOSE
The purpose of this IGA is to provide funding to School Wellness Coordinator to implement
the local wellness policy at Madison School District, located at 5601 N. 16th St. Phoenix,
AZ 85016. The County agrees to provide funding for this agreement from its AZ Health
Zone – Maricopa County Public Health SNAP-Ed grant. Madison School District agrees
to distribute the funds to Wellness Coordinator and work with AZ Health Zone Program
Coordinator on requirements.
3. SCHOOL WELLNESS COORDINATOR REQUIREMENTS
 Schedule a meeting with your AZ Health Zone Program Coordinator.
 Select a date and time to have the wellness committee meetings with your AZ Health
Zone Program Coordinator.
 Invite project allies and staff with roles focused on health and wellness (i.e. nurse,
PE teacher, health education teacher, student council and parent engagement
liaison) to wellness committee meetings.
 With your AZ Health Zone Program Coordinator, plan and conduct official meeting
dates and potential agenda items.
 Send reminders to teachers/staff about meetings at least two weeks prior and copy
your AZ Health Zone Program Coordinator.
 Email the LWP to teachers/staff and families and link it on website.
 In collaboration with AZ Health Zone Program Coordinator.
o Share LWP’s WellSat score and recommendations.
o Determine at least two aspects of the LWP to implement in the schools (i.e.
meal bundles, online education to compliment meal programs).
 In collaboration with AZ Health Zone Program Coordinator.
o Complete Triennial Activity and Assessment Tool from ADE
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SECTION III WORK STATEMENT
o Complete comparison to model policy.
o Update policy and get approval with school board
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SECTION IV COMPENSATION
1 COMPENSATION
Subject to the availability of funds, County shall pay the Contractor for the services
described herein for a sum not-to-exceed the Contract Amount listed on the cover page
of this Agreement. The request for payment must be submitted by the Contractor.
A. Coordinator Stipend:
A stipend in the amount of $1,500 will be paid to school district for the 2021 school
year and will be disbursed directly to the School Wellness Coordinator.
B. Contractor agrees to act as a pay agent and pass through funds in the amount of
$1,500 to the School Wellness Coordinator as listed on Attachment A.
2 METHOD OF PAYMENT
A. Contractor shall submit a payment request. This payment request must be on
school letterhead and contain the following:
 Signature authorizing the request
 Invoice number
 School Name
 Amount
 Date
B. Subject to the availability of funds, the County will, within thirty (30) working
days from the date of receipt of the fully executed IGA, process and remit,
to the Contractor , a warrant for payment up to the maximum total allowable
for services provided.
C. The Contractor understands and agrees that the County will not honor any
claim for payment submitted six (6) months after the date of service. The
Contractor understands and agrees that the County will not process any claim
for payment for services rendered prior to the expiration date that is submitted
sixty (60) days after the expiration date without approval of the County.
D. Invoices may be submitted via electronic form , email, or regular
Mail to: Andrea Zechmann, RD
Maricopa County Department of Public Health
Office of School Health and Wellness Initiatives
4041 N. Central· Ave, Suite 700
Phoenix, AZ 85012
Phone No.: 602-506-9323
Email: andrea.zechmann@maricopa.gov
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SECTION IV COMPENSATION
3. NOTICE:
Any notice given under this Contract shall be sent to the attention of the following:
Maricopa County Department of Public
Health,Office School Health and Wellness Initiatives
Andrea Zechmann
4041 N. Central Avenue, Suite 700
Phoenix, Arizona 85012
Phone No: 602-506-9323
Email: andrea.zechmann@maricopa.gov
Maricopa County Department of Public Health,
Grants and Contracts Administrator
4041 N. Central Avenue, Suite 1400
Phoenix, Arizona
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ATTACHMENT A SCHOOL SITE COORDINATOR
Maricopa County Public Health Office of Nutrition and Physical Activity
Madison Elementary School District
School District:
School District contact: Barbara Marshall
Title: Assistant Superintendent of Educational
Services
Email: bmarshall@madisoned.org
Phone No.: 602-664-7929
Address City State ZIP
Mailing Address: 5601 N. 16th Street Phoenix AZ 85016
Name of School Wellness Address Email/Phone Amount
Coordinator:
1. Lauren Kemmer $1,500.00
2.
Total Amount: $1,500.00
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