MARICOPA COUNTY. GENERAL AGT + ATTACHMENT I. STLT PROJECT PO6715 UNEXECUTED.PDF
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GENERAL CONTRACT AGREEMENT BUYER: SELLER: Council of State & Territorial Epidemiologists (CSTE) Maricopa County by and through its Department of Public 2635 Century Parkway NE., Suite 700 Health Atlanta, GA 30345-3112 4041 N. Central Avenue, Ste 1400 Phoenix, AZ 85012 602-372-2601 CSTE AUTHORIZING OFFICIAL: Maricopa County by and through its Department of Public Jeffrey P. Engel, M.D. Health AUTHORIZING OFFICIAL: Executive Director Bill Gates Chairman, Maricopa County Board of Supervisors b.gates@maricopa.gov CSTE PROJECT MANAGER: PROJECT MANAGER: Mia Israel Kate Goodin, MPH, MS Program Analyst Epidemiology and Data Services Program Manager 770-458-3811 602-372-2601 misrael@cste.org Kate.Goodin@maricopa.gov PROJECT/PRODUCT DESCRIPTION (See Article I and Statement of Work, Attachment 1): The goal of the project is to use public health surveillance and preparedness principles to prepare for emerging events that involve illicit substances of potential public health concern. The deliverables of this project will include an emergency protocol that includes a surveillance plan, incident management form, multitiered communication plan, and a page for the Disease Reporting Line (DRL) manual. The project team will assemble workgroups with relevant subject matter experts and stakeholders to develop the various components of the emergency protocol. The emergency protocol will include a novel surveillance protocol for identifying cases and clusters of illicit substances of potential public health concern. This will include plans for monitoring currently known substances and plans for monitoring novel substances that will emerge over time. DELIVERABLES: See Attachment 1. PERIOD OF PERFORMANCE: Start Date: 11/1/2018 End Date: 6/30/2019 TYPE OF CONTRACT & CONTRACT PRICE: Fixed Price Contract shall be for $36,508.25 (See Article II & III) PAYMENTS TERMS (See Article IV): Note: Payment will only be made upon receipt and approval of invoice. This fixed price contract will be for $36,508.25. CSTE shall pay Maricopa County Department of Public Health in full for satisfactory completion of deliverables by June 30, 2019. • Upon contract execution: $12,169.33 • Upon submission of mid-project progress report: $12,169.33 • Upon submission of final report and presentation: $12,169.59 General Contract Agreement.V13-10012018 TERMS AND CONDITIONS: See Articles I through XXV included as a part of this agreement for applicable Terms and Conditions. ____________________________ _ ______________ Attesting Clerk Name DATE ____________________________ _ ______________ Name of Attorney Approving as to Form DATE ____________________________ _ _____________ Jeffrey P. Engel, M.D. DATE Executive Director Council of State & Territorial Epidemiologists _________________________ ________________ Bill Gates DATE Chairman, Maricopa County Board of Supervisors P.O.#6715 General Contract Agreement.V13-10012018 CONTRACT TERMS AND CONDITIONS Article I – Statement of Work More details are set forth in Seller’s Statement of Work as appended hereto as Attachment 1. Article II – Cost A. The total price to CSTE for the performance of this General Contract Agreement and the General Contract agreement with Seller shall be for $36,508.25 unless changed by written amendment to this Agreement. All funding shall be contingent upon the availability of funds from the CDC (Cooperative Agreement No. NU38OT000297-01-00). B. CSTE hereby grants to Seller the right to re-budget funds to the extent necessary to achieve the maximum benefit to the CSTE and in accordance with CDC Policy. Article III – Type of Contract This Agreement is a Fixed Price Contract. Fixed Price. It is recognized by both parties that the actual price for this project may vary either above or below the price set forth in Article II, but will have no effect on that price, unless amended as set forth in Article XVI. Article IV - Payment A. CSTE shall reimburse Seller upon being invoiced by Seller and upon approval of the invoice by CSTE’s Executive Director. Invoice must include the Purchase Order #. Invoices shall be submitted for partial payments or in full to: Mia Israel Program Analyst Council of State and Territorial Epidemiologists 2635 Century Parkway NE., Suite 700 Atlanta, GA 30345-3112 misrael@cste.org B. Payment shall be made by CSTE within thirty (30) days of receipt of invoice. All checks should be made payable to: Maricopa County by and through its Department of Public Health and mailed to: 4041 N. Central Avenue, Ste 1400 Phoenix, AZ 85012 602-372-2601 Article V – Publicity No party will use the name of any other party in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. Article VI – Governing Laws This Agreement shall be governed and construed in accordance with laws of the State of Georgia. Article VII – Regulatory Compliance A. The Seller agrees to comply with and abide by all relevant and applicable laws and regulations of federal, state, and local governments/agencies. B. Seller assures that adequate safeguards shall be taken whenever using human subjects in research projects and an institutional review committee composed of sufficient members with varying General Contract Agreement.V13-10012018 backgrounds to assure complete and adequate review of projects involving the use of human subjects has reviewed and approved the projects. Seller will abide by all applicable provisions of the U.S. Department of Health and Human Services regarding the use of human subjects. Article VIII – Rights in Data, Publication, and Copyright CSTE and Seller jointly own the rights in data, publication and all copyrights resulting from any publications related to this activity. Article IX – Intellectual Property Existing and/or already conceived inventions, discoveries, patents, products, or other information developed in whole or part in connection with this agreement shall be the exclusive property of CSTE in accordance with 37 CFR Part 401. Article X – Termination A. Either party may terminate this Agreement hereto by giving written notice to the other party seven (7) days in advance of a specified date of termination. B. If Seller fails to perform to CSTE’s satisfaction any material requirement of this contract or is in violation of a material provision of this contract, CSTE may either: (a) terminate the contract with written notice, effective immediately or (b) enforce the terms and conditions of the contract. C. Upon receipt of notice, as provided in either paragraph A or B of this Article, from CSTE, Seller shall take all necessary action to cancel outstanding purchase orders and other commitments relating to the project under this Agreement and shall exercise reasonable diligence to cancel or redirect commitments for personnel services to its other activities and operations. D. CSTE shall remain liable for all cost incurred under this Agreement, including any of the above- mentioned commitments entered into by Seller in good faith prior to the receipt of the termination notice. Upon payment of such costs, CSTE shall be entitled to, and Seller agrees to deliver, the information and items, which, if the Agreement had been completed, would have been required to be furnished to CSTE. Article XI – Non-Solicitation Agreement During the term of this Agreement and for one (1) year thereafter, neither party nor any of their affiliates will offer work to, solicit or induce for employment, employ, or contract with, personnel of CSTE or their affiliates, without first obtaining the written consent of applicable Managing Directors. Article XII – Independent Contractor A. In the performance of all services hereunder, Seller shall be deemed to be and shall be an independent contractor. B. No party is authorized or empowered to act as agent for any other for any purpose and shall not on behalf of any other enter into any contract, warranty, or representation as to any matter. None shall be bound by the acts or conduct of any other. Article XIII – Indemnification A. CSTE assumes all risk of liability with respect to its performance of any activities relating to this project, other than liability arising out of an act of omission of Seller, and shall indemnify and hold Seller harmless from all liability arising out of acts or omissions of CSTE, its employees and agents. B. Seller assumes all risk of liability with respect to its performance of any activity relating to this project, other than liability arising out of any act or omission of CSTE, and shall indemnify and hold CSTE harmless from all liability arising out of acts or omission of Seller, its employees and agents. Article XIV – Nondiscrimination and Affirmative Action Seller certifies that it has an active program for compliance with all applicable state and federal regulations, executive orders and legislation concerning non-discrimination, equal opportunity, or affirmative action, and that, whenever required, valid assurances of compliance are on file with the cognizant enforcement agency. Whenever applicable, the above statement of certification includes, but is not necessarily limited to, the following acts: General Contract Agreement.V13-10012018 • Title IV of the Civil Rights Act of 1964 • Executive order 11246, “Equal Employment Opportunity,” as amended by E.O. 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor • Title VII of the Civil Rights Act of 1964 as amended by the EEO Act of 1972 • Section 504 of the Rehabilitation Act of 1973 • The Age Discrimination Act of 1975, as amended • Affirmative Action Obligations of Contractors and Subrecipients for Disabled Veterans and Veterans of the Vietnam Era, Sub-part A, Paragraph 60-250.4 • Title IX of the Higher Education Act of 1972 Article XV – Seller Certifications A. Debarment and Suspension Seller certifies to the best of its knowledge and belief that it is not presently debarred, suspended, or proposed for debarment or declared ineligible for the awards of Contracts, by any Federal Agency, in accordance with OMB Guidelines (53 FR19161-19211). B. Certification of Non-Delinquency of Federal Debt Seller certifies that it is in compliance with the Non-Delinquency on Federal Debt criteria, in accordance with OMB Circular A-129. C. Certification of Drug-Free Workplace Seller certifies that it has implemented appropriate policy in accordance with the Drug-Free Workplace Act of 1988, 45 CFR, Part 76, Subpart F. D. Certification Regarding Lobbying Seller certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid, by or on behalf of Seller, to any person or organization for influencing or attempting to influence an officer or employee of a Federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. E. Conflicts of Interest Seller certifies that it has established Conflict of Interest Policy that complies with all requirements, rules and principles of 60 FR 35810, Part III incorporated herein by reference. F. Misconduct in Science Seller certifies that it has established administrative policies as required by 42 CFR § 93.103. Article XVI – Changes The Agreement may be modified or amended if the amendment is made in writing and signed by both parties. Article XVII – Retention and Access to Records Seller shall retain records pertinent to this project for 3-years after the end of the project unless any litigation, claim, financial management review, or audit is started before the expiration of the 3-year period. In the case of any of these actions, records shall be retained until all actions have been resolved. Seller agrees to provide CSTE, the Comptroller General of the United States, and if appropriate, the State, through their duly authorized representative, access to and the right to examine all records, books, papers, or documents which are related to this project. General Contract Agreement.V13-10012018 Article - XVIII – Clean Air Act and Federal Water Pollution Control Act If the agreed to price of this Agreement exceeds $100,000, Seller agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air act, 42 U.S.C. 7401 et seq., and the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. Article XIX – Debt Collection HHS Claims Collection Regulations (45 CFR Part 30, Subpart B), provides for interest and penalties on all delinquent debts and will be applicable to this Agreement if debt collection becomes necessary. Article XX – Smoke-Free Workplace Seller agrees to provide a smoke-free workplace and promote the nonuse of tobacco products. Workplace is defined to mean office space (including private offices and other workspace), conference or meeting rooms, corridors, stairways, lobbies, rest rooms, cafeterias, and other public space. Article XXI – Financial Audit Seller is subject to audit requirements as set forth in 2 CFR 200, Subpart F. Article XXII – Confidentiality Both parties acknowledge that during the course of this Agreement, each may obtain confidential information regarding the other party’s business, related to this Agreement. Both parties agree to treat all such information and the terms of this Agreement as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement. Article XXIII – Severability If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Article XXIV - Warranty Seller shall provide that any services provided under this contract will meet, or exceed, the local standard of similar service providers in the community. Further, any products provided under this contract shall meet the merchantability standards and meet fitness standards for the intended purpose. IN WITNESS, WHEREOF, the parties have caused these presents to be executed in duplicate. The parties certify by the undersigned authorized agents that they have read this Agreement and agree to be bound by its terms and conditions. Council of State and Territorial Epidemiologists Maricopa County, by and through its Department of Public Health BY: ________________________________________ BY: __________________________________ (AUTHORIZED SIGNATURE) (AUTHORIZED SIGNATURE) __________Jeffrey Engel, MD _______ _________________Steve Chucri ___________ (NAME) (NAME) __________Executive Director___________ ____ _ Chairman, Maricopa County Board of Supervisors__ (TITLE) (TITLE) ________________________________________ _________________ ____________________ (EXECUTION DATE) (EXECUTION DATE) General Contract Agreement.V13-10012018 ATTEST: Office of the Clerk of the Board DATE [Title] APPROVED AS TO FORM Attorney for County DATE General Contract Agreement.V13-10012018 ATTACHMENT I to GENERAL CONTRACT AGREEMENT 1. Name: Maricopa County by and through its Department of Public Health 2. 3. Method of Selection: Competitive Bid 4. Period of Performance: November 1, 2018-June 30, 2019 5. Scope of Work: The goal of the project is to use public health surveillance and preparedness principles to prepare for emerging events that involve illicit substances of potential public health concern. The deliverables of this project will include an emergency protocol that includes a surveillance plan, incident management form, multitiered communication plan, and a page for the Disease Reporting Line (DRL) manual. The project team will assemble workgroups with relevant subject matter experts and stakeholders to develop the various components of the emergency protocol. The emergency protocol will include a novel surveillance protocol for identifying cases and clusters of illicit substances of potential public health concern. This will include plans for monitoring currently known substances and plans for monitoring novel substances that will emerge over time. a. Objectives: By June 30, 2019, Maricopa County by and through its Department of Public Health will: • Develop protocols based on public health surveillance and preparedness principles to prepare for emerging events that involve illicit substances of potential public health concern. b. Deliverables: 1. Participation in conference calls with CSTE staff, members, and partners as needed. 2. Regular invoices to CSTE, as listed in the General Contract Agreement. 3. A mid-project progress report to CSTE that includes: a) A summary of project implementation status. b) A list of partners and stakeholders engaged in the project. c) A summary of any challenges to date. d) A list of any changes to the project timeline. e) A copy of the protocols for monitoring and responding to syndromic surveillance data and other real-time data for illicit substances. 4. A final report to CSTE that includes: a) A summary of the project implementation, stakeholder engagement, challenges and lessons learned, and the benefit of project to the agency. b) A final emergency protocol that includes a novel surveillance protocol for identifying cases and clusters of illicit substances of potential public health concern. This will include plans for monitoring currently known substances and plans for monitoring novel substances that will emerge over time. c) An event-based investigation form created with input from relevant PO#: 6715 V03-05214018 stakeholders and modeled after the Maricopa County Department of Public Health existing suspicious substance incident management form. The form will be adapted to capture information pertinent to illicit substances. d) A multi-tier communication plan that provides instructions for contacting various parties at different levels of severity for events involving illicit substance. The communication plan will specify under which circumstances each tier should be contacted. e) A new page for the Disease Reporting Line (DRL) instructional manual that will be specific to illicit substances of potential public health concern. f) Recommendations for other jurisdictions seeking to implement a similar pilot project. 5. A presentation to disseminate project results in coordination with CSTE, such as via webinar, conference call, or meeting presentation. c. Timeline: November 2018 Project kick-off calls with CSTE Contract execution February-March 2019 Mid-project check-in calls with CSTE March 31, 2019 Mid-project progress report due to CSTE June 30, 2019 Final report and presentation due to CSTE d. Itemized Budget: A. Personnel Paid spring interns (2) 260 hours at 24.00 / hour 12,480.00 Paid summer interns (2) 260 hours at 24.00 / hour 12,480.00 Total Personnel 24,960.00 B. Equipment & Supplies Laptops (2) 1,850.00 ea. 3,700.00 Needed in order to access surveillance systems for data management (e.g., ESSENCE), for travel purposes for project management, and for anticipated workspace changes. Printed material 500.00 Total Equipment & Supplies 4,200.00 C. Travel Personal vehicle mileage 1000 miles at 0.545 / mile 545.00 Total Travel 545.00 D. Miscellaneous Access to peer-reviewed journal articles (25) 40.00 ea. 1,000.00 Total Travel 1,000.00 E. Direct Costs Total Direct Costs (A thru D) 30,705.00 F. Indirect Costs County indirect rate at 18.9% Total Indirect Costs 5,803.25 G. Total Direct and Indirect Costs Total Direct and Indirect Costs (E + F) 36,508.25 PO#: 6715 V03-05214018 6. Roles and Responsibilities a. CSTE Responsibilities: During the established project period, CSTE will: a) Serve as the Seller’s principal point of contact. b) Facilitate work and provide avenues for communication between Seller and stakeholders. c) Monitor the terms of the contract agreement. d) Provide payment according to the terms of the contract agreement. e) Provide the funding acknowledgement statement as needed for use on presentations and publications. b. Seller Responsibilities: During the established project period, Seller will: a) Accomplish the objectives and deliverables listed in this Statement of Work. b) Provide written progress reports and invoices to CSTE as required in the contract agreement. c) Be available through multiple avenues for feedback and discussion (conference calls, email, etc.) on a regular basis, or as needed. d) The CSTE funding acknowledgement statement must be placed on all presentations and publications. 7. Methods of Accountability Regular communications will occur between the Seller and CSTE via progress reports and other communication via conference call and email as needed. The Seller will be responsible for forwarding to project advisors the written technical and financial reports that are agreed upon as being required under this agreement or as requested. These reports may include data generated during the reporting period, progress associated with project, timeliness for completion of project, problems associated with the project, and projections and recommendations for the remainder of the project. The final deliverables as described above will be completed by the project end date. A final invoice will also be required upon the completion of all project deliverables, within 30 days of the contract end date. PO#: 6715 V03-05214018