MARICOPA COUNTY GOYFF IGA-SABG-MS-100118-08 4.11.19.PDF

INTERGOVERNMENTAL AGREEMENT
NO. IGA-SABG-MS-100118-08
Between the
STATE OF ARIZONA
GOVERNOR’S OFFICE OF YOUTH, FAITH AND FAMILY
And the
MARICOPA COUNTY
This Intergovernmental Agreement (“Agreement”) is entered into by and between the State of Arizona,
the Governor’s Office of Youth, Faith and Family, located at 1700 West Washington, Suite 230, Phoenix,
Arizona 85007 (“GOYFF” or “State of Arizona”) and the Maricopa County through the Maricopa County
Education Service Agency, located at 4041 N. Central Avenue, #1200, Phoenix, Arizona 85012
(“Maricopa County ESA”) (collectively the “parties”).
WHEREAS, the United States Department of Health and Human Services provided funding to the
Arizona Department of Health Services under the Substance Abuse Block Grant (“SABG”). The SABG
is administered through the Substance Abuse and Mental Health Services Administration of the United
States Department of Health and Human Services. The C.F.D.A. number is 93.959.
WHEREAS, the Arizona Department of Health Services provided Substance Abuse Block Grant Funding
to the Governor’s Office of Youth, Faith and Family under Interagency Service Agreement No.
HS632006.
WHEREAS, A.R.S. §41-101.01 authorizes the Governor’s Office of Youth, Faith and Family to execute
and administer agreements and accept and expend any funds received from the federal government or any
agency thereof.
WHEREAS, A.R.S. §11-952 authorizes public agencies to enter into agreements to contract for services.
WHEREAS, A.R.S. §15-301 authorizes the Maricopa County ESA to enter into agreements with other
governmental entities and agencies in order to receive and spend local, state and federal monies to
provide programs and services to school districts, charter schools, county free library districts, and
municipal libraries within the county.
THEREFORE, in consideration of the mutual promises and covenants contained herein and other good
and valuable consideration, the receipt of which the parties hereby acknowledge, the parties enter into this
Agreement as follows:
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to provide a SABG cost-reimbursement grant award to the
Maricopa County ESA as pass-through funding to support events at middle schools selected by
the Maricopa County ESA for implementation of the Healthy Families-Healthy Youth Pilot
Program.
II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS
The term of the Agreement shall commence October 1, 2018, and shall remain in effect until June
30, 2019, contingent upon GOYFF’s receipt of final federal SABG funding, unless terminated,
canceled, or extended as otherwise provided herein.
Either party may terminate this Agreement at any earlier time by providing written notice to the
other party at least thirty (30) days prior to the termination date. The GOYFF agrees that
regardless of its termination date with the Maricopa County ESA, the Maricopa County ESA may
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use the funds distributed under this Agreement to pay for any unpaid services pursuant to this
Agreement obligated prior to the date of termination. This Agreement is subject to cancellation
pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein.
Amendments to this Agreement shall be made in writing and signed by both parties.
III. DESCRIPTION OF SERVICES
The Maricopa County ESA shall:
1. Provide oversight on the Healthy Families-Healthy Youth Pilot Program (“Program”) in
accordance with Attachment A (entitled Scope of Work, incorporated into this Agreement
in its entirety and Attachment B (entitled Federal Terms and Conditions, incorporated
into this Agreement in its entirety).
2. Use the SABG grant award as pass-through funds for the events at the middle schools
chosen by the Maricopa County Education Service Agency to support the Program.
3. Manage and use the grant funds in accordance with the scope of work and budget
activities for the Freedom; Liberty; and Rainbow Valley in Attachment A.
4. Assist the middle schools and the GOYFF with the submission of programmatic reports
and program invoices.
The GOYFF shall:
1. Provide program oversight and engagement.
2. Offer technical assistance and communication.
IV. REPORTING REQUIREMENTS
The Maricopa County Education Service Agency shall submit detailed invoices and
programmatic reports detailing all services rendered in accordance with this Agreement on a
monthly basis. The reporting deadlines for the web portal are:
 February 28, 2019
 March 31, 2019
 April 30, 2019
 May 31, 2019
Any due dates that occur on a weekend or holiday shall be due on the following business day.
V. MANNER OF FINANCING
The GOYFF shall:
1. Provide no more than $60,000 to the Maricopa County Education Service Agency, for
costs associated with the activities listed in (i) this Agreement; (ii) Attachment A (entitled
Scope of Work, incorporated into this Agreement in its entirety); and (iii) Attachment B
(entitled Federal Terms and Conditions, incorporated into this Agreement in its entirety).
2. Provide payment upon receipt and GOYFF’s approval of the detailed invoices for
services performed or goods received.
The Maricopa County ESA shall:
1. Use the SABG funds received from GOYFF exclusively to support the activities outlined
in (i) this Agreement; (ii) Attachment A (entitled Scope of Work, incorporated into this
Agreement in its entirety); and (iii) Attachment B (entitled Federal Terms and
Conditions, incorporated into this Agreement in its entirety).
2. Obtain prior written approval from GOYFF for a funding variance is required.
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3. Agree that all reimbursement of in-state travel expenses shall be paid only in accordance
with the Domestic Per Diem rates allowed under the State of Arizona Travel Policy, and
the prevailing State of Arizona standard mileage rates, located at
https://gao.az.gov/travel/welcome-gao-travel. There shall be no reimbursement of out-of-
state travel expenses.
4. All questions regarding the appropriate use of the SABG funds shall be resolved by
mutual written agreement between the Maricopa County Education Service Agency and
the GOYFF.
VI. DOCUMENTS INCORPORATED BY REFERENCE
The State of Arizona’s Uniform Terms and Conditions V9_ (Rev 7-1-2013) are incorporated into
this document as if fully set forth herein. Copies of the Uniform Terms and Conditions may be
accessed at
https://spo.az.gov/sites/default/files/documents/files/Uniform%20Terms%20and%20Conditions%
20V9_%28Rev%207-1-2013%29.pdf. The Maricopa County Education Service Agency warrants
that it has read and understands the Uniform Terms and Conditions V9_ (Rev 7-1-2013) and
agrees to be bound by them in their entirety. In the event of any divergence between this
Agreement and the Uniform Terms and Conditions, this Agreement shall control.
VII. NON-AVAILABILITY OF FUNDS
In accordance with A.R.S. § 35-154, every payment obligation of the GOYFF under the
Agreement is conditioned upon the availability of funds appropriated or allocated for payment of
such obligation. If funds are not allocated and available for the continuance of this Agreement,
this Agreement may be terminated by the GOYFF at the end of the period for which funds are
available. No liability shall accrue to GOYFF/Arizona Office of the Governor in the event this
provision is exercised, and the GOYFF/Arizona Office of the Governor shall not be obligated or
liable for any future payments or for any damages as a result of termination under this paragraph.
VIII. INDEMNIFICATION
To the fullest extent permitted by law, the Maricopa County ESA shall defend, indemnify, and
hold harmless the State of Arizona, GOYFF, the Governor’s Office, and all of their departments,
agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter
referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal
injury (including death), or loss or damage to tangible or intangible property caused, or alleged to
be caused, in whole or in part, by the negligent or willful acts or omissions of the Maricopa
County ESA or any of its owners, officers, directors, agents, employees, contractors, or
subcontractors. This indemnity includes any claim or amount arising out of, or recovered under,
the Workers’ Compensation Law or arising out of the failure of such the Maricopa County ESA
to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree.
It is the specific intention of the parties that the Indemnitee shall, in all instances, except for
Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by the Maricopa County ESA from and against any and all claims. It is agreed that
the Maricopa County ESA will be responsible for primary loss investigation, defense, and
judgment costs where this indemnification is applicable. In consideration of the award of this
Agreement, the Maricopa County ESA agrees to waive all rights of subrogation against the State
of Arizona, GOYFF, the Governor’s Office, and all of their officers, officials, agents, and
employees for losses arising from the work performed by the Maricopa County ESA for the State
of Arizona.
IX. INSURANCE
The Maricopa County ESA is a public entity and shall provide a certificate of self-insurance.
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X. OTHER
It is agreed that the parties to this Agreement have participated fully in the negotiation and
preparation of the Agreement. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in interpreting this Agreement. The parties
acknowledge they have been advised by counsel, or have had the opportunity to be advised by
counsel, in the negotiation and execution of the Agreement.
The parties agree to follow all applicable laws, rules and regulations in the performance of work
in furtherance of the Substance Abuse Block Grant initiative and this Agreement.
XI. NOTICES
The Maricopa County ESA shall address all notices relative to this Agreement to:
Alfreda Moore
Program Administrator
Governor’s Office of Youth, Faith and Family
1700 West Washington, Suite 230
Phoenix, Arizona 85007
The GOYFF shall address all notices relative to this Agreement to:
Marc Kuffner
Associate Superintendent for Economic Management
Maricopa County Education Service Agency
4041 N. Central Avenue, #1200
Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties hereto agree to execute this Agreement.
MARICOPA COUNTY GOVERNOR’S OFFICE OF YOUTH,
FAITH AND FAMILY
Chairman Date Maria C. Fuentes Date
Maricopa County Director
Attested To Date Travis Price Date
Compliance Finance and Procurement Manager
Office of the Governor
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