ATTACHMENT B FEDERAL TERMS AND CONDITIONS.DOCX

ATTACHMENT B
FEDERAL TERMS AND CONDITIONS
I. KEY PERSONNEL
It is essential that the Maricopa County ESA train and provide adequate, experienced personnel,
capable of and devoted to the successful accomplishment of projects that may be performed under
this Agreement. The Maricopa County ESA must agree to assign experienced individuals to project
positions.
A. The Maricopa County ESA agrees that, once assigned to work on a project under this
Agreement, key personnel should not be removed or replaced without prior written notice to
the GOYFF.
B. If key personnel are not available for work on a specific project, for a continuous period
exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the
work than initially anticipated, the Maricopa County ESA shall immediately notify the
GOYFF Program Administrator and shall, subject to the concurrence of the GOYFF, replace
such personnel with personnel of substantially equal ability and qualifications.
C. The Maricopa County ESA shall assign specific individuals to the key programmatic and
fiscal positions and other changes to key personnel, specifically the Maricopa County ESA’s
SABG Coordinator must be reported on or before the effective date of such change to the
GOYFF.
II. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”) OF
1996
A. The Maricopa County ESA warrants that it is familiar with the requirements of HIPAA, as
amended by the Health Information Technology for Economic and Clinical Health Act
(“HITECH ACT”) of 2009, and accompanying regulations and will comply with all
applicable HIPAA requirements in the course of this Agreement. Maricopa County ESA
warrants that it will cooperate with the GOYFF in the course of performance of the
Agreement so that both GOYFF and the Maricopa County ESA will be in compliance with
HIPAA, including cooperation and coordination with the Arizona Department of
Administration-Arizona Strategic Enterprise Technology (“ADOA-ASET”) Office, the
ADOA-ASET Arizona State Chief Information Security Office and HIPAA Coordinator and
other compliance officials required by HIPAA and its regulations. The Maricopa County
ESA will sign any documents that are reasonably necessary to keep GOYFF and the
Maricopa County ESA in compliance with HIPAA, including, but not limited to, business
associates agreements.
B. If required by the GOYFF, the Maricopa County ESA agrees to sign a “Pledge to Protect
Confidential Information” and to abide by the statements addressing the creation, use and
disclosure of confidential information, including information designated as protected health
information and all other confidential or sensitive information as defined in policy. In
addition, if requested, the Maricopa County ESA agrees to attend or participate in HIPAA
training offered by the GOYFF or to provide written verification that the Maricopa County
ESA has attended or participated in job related HIPAA training that is (1) intended to make
the Maricopa County ESA proficient in HIPAA for purposes of performing the services
required and (2) presented by a HIPAA Privacy Officer or other person or program
knowledgeable and experienced in HIPAA and who has been approved by the ADOA-ASET
Arizona State Chief Information Security Officer and HIPAA Coordinator.

III. AGREEMENT RENEWAL
The Agreement shall not bind nor purport to bind the GOYFF for any contractual commitment in excess of
the original Agreement period or amount. The GOYFF shall have the right, at its sole and unfettered
discretion, whether or not to extend this Agreement. If so, the parties must execute a written amendment or
a new contract. Consideration for renewal will also be based on results of program and fiscal monitoring.
IV. FUND MANAGEMENT
The Maricopa County ESA must maintain funds received under this Agreement in separate ledger accounts
and cannot mix these funds with other sources. The Maricopa County ESA must manage funds according to
applicable federal regulations for administrative requirements, cost principles and audits.
The Maricopa County ESA must maintain adequate business systems to comply with federal requirements.
The business systems that must be maintained are:
 Financial Management
 Procurement
 Personnel
 Property
 Travel
A system is adequate if it is: 1) written; 2) consistently followed - it applies in all similar circumstances; and
3) consistently applied – it applies to all sources of funds. The GOYFF reserves the right to review all
business systems policies.
V. DUNS/CCR
Each successful recipient who is awarded funding must provide the following prior to an Agreement being
executed: (a) Dun and Bradstreet Universal Numbering System (DUNS) number for the fiscal agent; and
(b) proof of current registration in the Central Contractor Registration (CCR) database. Additionally, CCR
registration must be maintained for the term of the Agreement. The DUNS website is located at
http://fedgov.dnb.com/webform. The CCR registration information may be found at
https://www.sam.gov/portal/public/SAM/.
VI. FFATA REPORTING REQUIREMENTS
The Maricopa County ESA is required to provide certain information pursuant to the Federal Funding
Accountability and Transparency Act of 2006 reporting requirements (Pub. L. No. 109-282, as amended by
Section 6205 (a) of Pub. L. No. 110-252) “FFATA”). FFATA requires that certain information on federal
awards (federal financial assistance and expenditures) be made available to the public via a single,
searchable website, which is www.USASpending.gov.
VII. PUBLIC HEALTH LAW
Comply with all Public Health Law at http://www.samhsa.gov/grants/block-grants/laws-regulations
and Terms and Conditions of Notice of Grant Award including, but not limited, to:
A. Confidentiality of Alcohol and Drug Patient Records (42 C.F.R. Part 2);
B. Charitable Choice Provisions; Final Rule (42 C.F.R. Part 54 and 54a);
C. Substance Abuse Prevention and Treatment Block Grant; Interim Final Rule (45 C.F.R.
96.45, 96.51, and 96.120-121);
D. Health Omnibus Programs Extension Act of 1988, Subtitle E General Provisions, November
4, 1988 (P.L. 100-607) [.pdf] (42 U.S.C. 300ee-5);
E. Children’s Health Act of 2000 [P.L. 106310], October 17, 2000;
F. ADAMHA Reorganization Act of 1992 [P.L. 102-321], July 10, 1992; and
G. Public Health Service Act [includes Title V and Title XIX].