GOVS OFFICE IGA-STR-19-100518-01.PDF

INTERGOVERNMENTAL AGREEMENT
NO. IGA-STR-19-100518-01
Between the
STATE OF ARIZONA
GOVERNOR’S OFFICE OF YOUTH, FAITH AND FAMILY
And
MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH
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
(“Governor’s Office of Youth, Faith and Family” or “State”) and the Maricopa County Department of Public Health,
located at 4041 N. Central Avenue, Phoenix, Arizona 85012 (“Maricopa County Department of Public Health”).
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.
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 THE AGREEMENT
The purpose of this Agreement is to specify the responsibilities and procedures for the Maricopa County
Department of Public Health’s role in the Arizona Athlete Opioid Initiative. The Maricopa County
Department of Public Health shall administer an interactive, e-learning course aimed at educating high
school athletes on how to prevent the misuse and abuse of prescription opioid medication(s).
II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS
The term of the Agreement shall commence October 5, 2018, and shall remain in effect until April 30, 2019,
contingent upon final State 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 Governor’s Office of Youth, Faith and Family
agrees that regardless of its termination date with the Maricopa County Department of Public Health, the
Maricopa County Department of Public Health may use the funds distributed under this Agreement to pay
for any unpaid services pursuant to this Agreement incurred 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 into this
document as if fully set forth herein.
Amendments to this Agreement shall be made in writing and signed by both parties.
The Maricopa County Department of Public Health will follow all applicable laws, rules, and regulations for
services performed under this Agreement.
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III. DESCRIPTION OF SERVICES
The Maricopa County Department of Public Health shall:
A. Provide services in accordance with Attachment A (Budget and Justification) and
Attachment B (Terms and Conditions). Both Attachment A and B are incorporated
into this Agreement in their entirety.
B. Develop an interactive, e-learning course aimed at educating high school athletes on
how to prevent the misuse and abuse of prescription opioid medication(s).
IV. REPORTING REQUIREMENTS
FINANCIAL: The Maricopa County Department of Public Health shall be paid on a cost-reimbursement
basis. The Maricopa County Department of Public Health shall not request reimbursement until the cost has
resulted in an actual cash expenditure. The Maricopa County Department of Public Health may request
reimbursement on either a monthly basis for those items submitted and approved in the budget inclusively.
Maricopa County Department of Public Health shall submit a final reimbursement request no more than ten
(10) days after the contract end for expenses incurred prior to the date of contract termination. All expenses
must be incurred and paid prior to the final reimbursement request. Requests for reimbursement received
later than ten (10) days after the contract termination will not be paid. If awarded a contract, your
organization must have sufficient funds to meet obligations for up to sixty (60) days while awaiting
reimbursements from the Governor’s Office of Youth, Faith and Family.
The Maricopa County Department of Public Health shall use the forms provided by the Governor’s Office of
Youth, Faith and Family to submit financial expenditure reports. The forms will be sent to the Maricopa
County Department of Public Health upon receipt of the signed Agreement.
PROGRAMMATIC: The Maricopa County Department of Public Health shall submit quarterly narrative
reports for all services and program evaluation findings rendered utilizing funds provided in this Agreement.
The deadlines for submitting reports regarding activities, numbers, challenges/barriers, and successes are:
 Report One (November 2018 through January 2019), due February 10, 2019
 Report Two (February 2019 through April 2019), due May 10, 2019
Any report due dates that occur on a weekend or holiday shall be due the following business day.
Notwithstanding any other payment provision of this Agreement, failure of the Maricopa County Department
of Public Health to submit required reports when due, or failure to perform or deliver required work, supplies
or services, will result in the withholding of payment under this Agreement, unless such failure arises due to
causes beyond the control and without the fault of negligence of the Maricopa County Department of Public
Health.
All reports shall be submitted to the contact person designated in Section X, Notices.
V. MANNER OF FINANCING
A. The Governor’s Office of Youth, Faith and Family shall:
1. Provide no more than $138,000 to the Maricopa County Department of Public Health, for
costs associated with the Maricopa County Department of Public Health’s activities listed in
Section III.
2. Provide payment upon Governor’s Office of Youth, Faith and Family’s receipt and approval
of the invoices and programmatic reports for services performed and/or goods received.
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3. The C.F.D.A. number for this funding is 93.788.
B. The Maricopa County Department of Public Health shall:
1. Use the funds received from Governor’s Office of Youth, Faith and Family only to support
the activities outlined in Section III of this Agreement.
2. Confer with the Governor’s Office of Youth, Faith and Family to resolve any questions
regarding the appropriate use of the funds prior to expenditure of funds for such purposes.
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_%28
Rev%207-1-2013%29.pdf. The Maricopa County Department of Public Health 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. INDEMNIFICATION
To the fullest extent permitted by law, the Maricopa County Department of Public Health shall defend,
indemnify, and hold harmless the State of Arizona, and its 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 Department of Public Health or any of its owners, officers, directors, agents, employees 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 Department of Public
Health 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
Department of Public Health from and against any and all claims. It is agreed that the Maricopa County
Department of Public Health 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 Department of Public Health agrees to waive all rights of subrogation against the State of Arizona, its
officers, officials, agents, and employees for losses arising from the work performed by the Maricopa County
Department of Public Health for the State of Arizona.
This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or
university of the State of Arizona.
VIII. INSURANCE
The Maricopa County Department of Public Health is a public entity and shall provide a certificate of self-
insurance as outlined in Attachment B.
IX. NON-AVAILABILITY OF FUNDS
In accordance with A.R.S. § 35-154, every payment obligation of the Governor’s Office of Youth, Faith and
Family 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,
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this Agreement may be immediately terminated by the Governor’s Office of Youth, Faith and Family at the
end of the period for which funds are available. No liability shall accrue to the Governor’s Office of Youth,
Faith and Family in the event this provision is exercised, and the Governor’s Office of Youth, Faith and
Family shall not be obligated or liable for any future payments or for any damages as a result of termination
under this paragraph.
X. NOTICES
The Maricopa County Department of Public Health shall address all notices relative to this Agreement to:
Tonya Hamilton
Deputy Director
Governor’s Office of Youth, Faith and Family
1700 W. Washington, Suite 230
Phoenix, Arizona 85007
The Governor’s Office of Youth, Faith and Family shall address all notices relative to this Agreement to:
Katherine Mason
Grants/Contracts Administrator
Maricopa County Department of Public Health
4041 N. Central Avenue
Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties hereto agree to execute this Agreement.
Maricopa County Board of Supervisors Governor’s Office of Youth, Faith and Family
301 W. Jefferson, 10th Floor 1700 West Washington Street, Suite 230
Phoenix, Arizona 85003 Phoenix, Arizona 85007
Date Maria C. Fuentes Date
Chairman Director
Travis Price Date
Compliance Finance and Procurement Manager
Office of the Governor
APPROVED AS TO FORM:
_____________________________________________ DATE: _________________________
Attorney for County
ATTEST: ____________________________________, Office of the Clerk of the Board
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