CONTRACT RE ORAL HEALTH SVC WITH DIGNITY HLTH 1048858.PDF

Maricopa County — Formal (2018-09-19)

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CONTRACT FOR SERVICES
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central, Suite 600, Phoenix, Arizona 85012
1048858
1. Contract No: C-86-19-014-3-00 2. Contract Type: Cost Reimbursement
3. Contract Amount: $407,700.00 4. Purpose: Fluoride Varnish Application and
(Maximum Reimbursable Amount) Oral Health Screening
5. Start Date: 07/1/2018 6. Expiration Date: _06/30/2019
This Contract is entered into by and between Dignity Health, a California nonprofit public benefit corporation
d/b/a Chandler Regional Medical Center referred to hereinafter as the “Contractor,” and Maricopa County, by
and through the Department of Public Health, referred to hereinafter as the “County.” The Contractor and the
County are collectively referred to as the “Parties” and individually as a “Party.” The Parties, 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 Contract, including its
Exhibits, Attachments, Appendices, and 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 Contract contains all the terms and conditions agreed to by the Parties. No other understanding,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind the
Parties. Nothing in this Contract shall be construed as consent to any lawsuit or waiver of any defense
in any lawsuit brought against the State of Arizona, the County, or the Contractor, in any State or Federal
Court.
Legal notice under this Contract shall be given by personal delivery or by registered or certified mail, postage
prepaid and return receipt requested, to the addresses set forth below. If the legal notice is personally delivered,
it is deemed given and effective upon receipt by the Party to whom it is addressed. If the legal notice is mailed,
it is deemed given and effective three (3) days after it is mailed by registered or certified mail.
Notice to Contractor: Dignity Health East Valley Foundation__________ Phone:_(480) 728-3931___
Address: 1955 W. Frye Rd. Chandler, AZ 85224 ______________________________
Notice to Department: MCDPH Grants/Contracts Unit Phone: (602) 372-0675
Address: 4041 N. Central Ave., Suite 1400, Phoenix, AZ 85007
IN WITNESS WHEREOF, the Parties enter into this Contract:
DIGNITY HEALTH dba Chandler Regional FOR AND ON BEHALF OF
Medical Center : MARICOPA COUNTY
BY: BY:
Signature Chairman, Board of Supervisors
Mark Slyter, President/CEO Arizona East
Valley
Type Name and Title ATTEST
Date Clerk of the Board
Date
APPROVED AS TO FORM:
Attorney for Maricopa County
Date

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 Contract, the following terms shall have the following meanings:
A. Contract means this document and all exhibits, attachments, appendices, and
amendments to this Contract.
B. Contractor means the person, firm, or organization listed on the Cover Page of
this Contract.
C. County means Maricopa County, Arizona.
D. Department means the Maricopa County Department of Public Health
(MCDPH).
E. Director means the Director of the Department.
F. Funding Source means any Federal, State, or Private Agency funding source
that may impose conditions on the funding that will be passed on to the
Contractor.
G. MCDPH means Maricopa County Department of Public Health
H. FTF means First Things First.
I. MCOOH-FTF means Maricopa County Office of Oral Health- First Teeth First.
J. DHF means Dignity Health Foundation
3. GENERAL REQUIREMENTS
A. The terms of this Contract shall be construed in accordance with Arizona law.
Any lawsuit arising out of this Contract shall be brought in the appropriate court in
Maricopa County, Arizona.
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 Contract, and shall comply with all laws regarding Unemployment Insurance,
Disability Insurance, and Workers’ Compensation.
C. The Contractor is an independent Contractor in the performance of work and the
provision of services under this Contract and is not to be considered an officer,
employee, or agent of the County.
4. AMENDMENTS
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SECTION I GENERAL PROVISIONS
All Amendments to this Contract shall be in writing and signed by the Parties.
5. ADEQUACY OF RECORDS
If the Contractor's books, records, and other documents relevant to this Contract are not
sufficient to support and document that allowable services were provided to eligible
persons, the Contractor shall reimburse the County for the services not sufficiently
supported and documented.
6. RETENTION OF RECORDS
A. This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the Contractor, which are
reasonably considered as relevant to this Contract.
B. The Contractor shall retain all financial books, records, and other documents
relevant to this Contract for five (5) years after final payment or until after the
resolution of any audit questions, which could take more than five (5) years,
whichever is longer. The County, Federal, or State auditors, and any other
persons duly authorized by the County, shall have full access to, and the right to
examine, copy, and make use of any and all such materials.
7. ASSIGNMENT / SUBCONTRACTING
No rights, liability, obligations, or duties under this Contract may be assigned, delegated,
or subcontracted without the prior written approval of the County.
8. AUDIT DISALLOWANCES
A. The Contractor shall, upon written demand therefore, reimburse the County for
any payments made under this Contract that are disallowed by a Federal, State,
or Maricopa County audit in the amount of the disallowance, as well as all
expenses, court costs, and attorney fees the County incurs in connection with
any legal action relating to such disallowance.
B. If, at any time, 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 may 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 repayment of the disallowed amount by
the Contractor.
9. CONTRACT COMPLIANCE MONITORING
The County shall monitor the Contractor's compliance with, and performance under, the
terms and conditions of this Contract. Announced or unannounced on-site visits for
Contract compliance monitoring may be made by the County and its grantor agencies at
any time during the Contractor's normal business hours. During the visit, the Contractor
shall make available for inspection and copying by the County, all records and accounts
relating to the work performed or the services provided under this Contract, or for similar
work and service provided under other grants and contracts.
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SECTION I GENERAL PROVISIONS
10. AVAILABILITY OF FUNDS
A. The provisions of this Contract relating to payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor,
as herein provided, are actually available to the County for disbursement. The
Director shall be the sole judge and authority in determining the availability of
funds under this Contract 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 Contract, the County may amend, suspend,
decrease, or terminate its obligations under or in connection with this Contract.
In the event of termination, the County shall be liable for payment only for
services rendered prior to the effective date of the termination, provided such
services are performed in accordance with the provisions of this Contract. The
County shall give at least ten (10) days prior written notice of the effective date of
any suspension, amendment, or termination under this section.
11. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
A. The Contractor shall, during the term of this Contract, immediately inform the
County in writing of the award of any other contract or grant where the award of
such contract or grant may affect either the direct or indirect costs being paid or
reimbursed under this Contract. Failure by the Contractor to notify the County of
such award shall be considered a material breach of this Contract and the
County shall have the right to terminate this Contract without liability.
B. The County may request, and the Contractor shall provide within a reasonable
time, a copy of any other contract or grant when, in the opinion of the Director,
the award of the other contract or grant may affect the costs being paid or
reimbursed under this Contract.
C. If the County determines that the award to the Contractor of such other Federal
or State contract or grant has affected the costs being paid or reimbursed under
this Contract, the County shall prepare a Contract Amendment effecting a cost
adjustment. If the Contractor protests the proposed cost adjustment, the protest
shall be considered a dispute within the meaning of the "Disputes" clause
contained herein.
12. NON-APPROPRIATION OF FUNDS
Notwithstanding any other provision herein, this Contract may be terminated without
liability if the Maricopa County Board of Supervisors does not appropriate sufficient
monies for the purpose of maintaining this Contract.
13. DEFAULT
The County may suspend, modify, or terminate this Contract immediately upon written
notice to the Contractor in the event of a non-performance of stated objectives or other
material breach of contractual obligations; or upon the happening of any event that may
jeopardize the ability of the Contractor to perform any of its contractual obligations.
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SECTION I GENERAL PROVISIONS
14. TERMINATION
A. The County or the Contractor may terminate this Contract at any time with at
least thirty (30) days prior written notice to the other Party. Such notice shall be
given by personal delivery or by Registered or Certified Mail, postage prepaid
and return receipt requested.
B. This Contract may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
C. The County may terminate this Contract upon twenty-four (24) hours’ notice
when the County deems the health or welfare of any person is endangered or the
Contractor’s non-compliance jeopardizes funding source financial participation. If
not terminated by one of the methods stated above, this Contract shall terminate
on the expiration date of this Contract as stated on the Cover Page.
15. TERMINATION FOR BREACH
If either Party defaults under this Contract and the default continues for more than ten
(10) days after the effective date of the other Party’s written notice stating the specific
nature of the default, then the noticing Party may treat the default as a breach of this
Contract. Upon a breach, the aggrieved Party may exercise any remedy available under
the law, including the termination of this Contract.
16. SEVERABILITY
Any provision of this Contract that is determined by a court of competent jurisdiction to
be invalid, void, or illegal shall not affect, impair, or invalidate any other provision hereof,
and the remaining provisions shall remain in full force and effect.
17. STRICT COMPLIANCE
Acceptance by the County of performance not in strict compliance with the terms of this
Contract shall not be construed as a waiver of the requirement of strict compliance for all
future performance obligations. All changes in performance obligations under this
Contract shall be in writing.
18. NON-LIABILITY
The County and its officers 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 subcontractors that occurs during the performance of this Contract, nor
shall they be liable for any purchases, debts, or agreements made by the Contractor in
anticipation of funding hereunder.
19. INDEMNITY
The Contractor agrees to indemnify, hold harmless, and defend the County, its officers,
employees, boards, and commissions, from and against any and all claims, damages,
lawsuits, and proceedings, regardless of the merits, and from any liability, punitive
damages, costs, and expense of every type, arising in whole or in part out of or in
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SECTION I GENERAL PROVISIONS
connection with or by reason of any act or omission of the Contractor or any
subcontractors or anyone directly or indirectly employed by either the Contractor or any
subcontractors. Contractor and its Subcontractors shall reimburse the County for all
expenses, costs, and attorney's fees incurred for the defense of any litigation arising
from such claims. The Contractor shall include a clause to this effect in all subcontracts
inuring to the benefit of the Contractor or the County.
20. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee. For breach or violation of this
warranty, the County may terminate this Contract without liability.
21. SAFEGUARDING CLIENT INFORMATION
The use or disclosure by any Party of any information concerning an eligible person
served under this Contract is directly limited to the performance of this Contract.
22. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Contract without
cost or other restriction, except as may otherwise be provided herein or by law or
applicable regulation. Each Party shall supply to the other Party, upon request, any
available information known to the supplying Party that is relevant to this Contract and to
the performance hereunder.
23. NON-DISCRIMINATION
The Contractor, in connection with any service or other activity under this Contract, shall
not in any way discriminate against any person on the grounds of race, color, religion,
sex, national origin, age, or disability. The Contractor shall include a clause to this effect
in all Subcontracts inuring to the benefit of the Contractor or the County.
24. 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 ensure 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 Federal Civil Rights Act; the Federal Rehabilitation
Act; the Age Discrimination in Employment Act; the Immigration Reform and Control Act
of 1986 (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.
25. RIGHT OF PARTIAL CANCELLATION
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SECTION I GENERAL PROVISIONS
If more than one activity is funded by this Contract, the County reserves the right to
terminate this Contract or any part thereof based on the Contractor's failure to
perform any part of this Contract without impairing, invalidating, or canceling the
remaining Work Statement obligations.
26. RIGHT TO EXTEND CONTRACT
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 Contract for additional one-year periods, not to exceed a total extended term
of four (4) years, except that the cost will be subject to renegotiation. Any extension of
this Contract shall be in a writing mutually acceptable to the Department and the
Contractor and signed by both Parties.
27. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The undersigned (an authorized official signing for 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 CFR 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 Contract, been convicted
of or had a civil judgment rendered 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; or violated any Federal or State
antitrust statues; or committed 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 Contract, had one or
more public transactions (Federal, State, or local) terminated for cause of
or default.
B. If the Contractor is not able to provide this certification, an explanation as to why
shall be attached to this Contract.
C. The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations
for lower tier covered transactions related to this Contract.
28. E-VERIFICATION OF EMPLOYEES
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SECTION I GENERAL PROVISIONS
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, subsection A: after December 31, 2007,
every employer, after hiring an employee, shall verify the employment eligibility of
the employee through the e-verify program and shall keep a record of the
verification for the duration of the employee's employment or at least three years,
whichever is longer.;
B. That a breach of a warranty under subsection A above shall be deemed a
material breach of this Contract that entitles the County to, among other things,
terminate this Contract without liability;
C. That the County retains the right to inspect the papers of the Contractor and any
subcontractor employee who works on this Contract to ensure that the Contractor
and all subcontractors are complying with the warranty provided under
subsection A above, and that the Contractor shall 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 the Contractor or any subcontractor an agent or
employee of the County.
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SECTION II SPECIAL PROVISIONS
1. MEDIATION/ARBITRATION
In the event that any dispute arises out of this Contract or involves a recipient of services
under the terms of this Contract, the Parties shall meet and confer in an effort to resolve
the dispute. In the event that such efforts to resolve the dispute are unsuccessful, the
Parties shall resolve the dispute by arbitration pursuant to A.R.S. § 12-1518(A).
2. CHANGES
A. The Director 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 Director shall not increase or decrease the maximum reimbursable amount
to be paid the Contractor without an official amendment to this Contract.
Additionally, the Director 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 Contract and shall be administered accordingly.
3. 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.
4. INSURANCE
A. The Contractor shall have in effect at all times during the term of this Contract
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SECTION II SPECIAL PROVISIONS
insurance that is adequate to protect the County, its officers, employees,
participants, as additional insured’s, and equipment funded under this Contract
against such losses as are set forth below. The Contractor shall provide the
County with current documentation of insurance coverage by furnishing a
Certificate of Insurance or a certified copy of the insurance policy naming the
County as an additional insured.
B. The following types and amounts of insurance are required as minimums:
1.) Workers’ Compensation and Employer’s Liability Insurance as required
by law.
2.) Unemployment Insurance as required by Arizona Law.
C. Automobile and Truck Liability, Bodily Injury and Property Damages:
1.) Combined single limit; $1,000,000.00 each accident
D. Standard minimum deductible amounts are allowable. Any losses applied
against insurance deductible are the sole responsibility of the Contractor.
E. Professional Liability:
1.) Insurance for the Contractor and its Agents, Employees, and other
Contractor Staff shall be maintained with coverage limits of one million
dollars ($1,000,000) per person, three million dollars ($3,000,000) per
occurrence.
2.) The Contractor agrees that in the event it, or any of its Agents,
Employees, or other Contractor Staff working under this Contract, is
named as a defendant in litigation, or is identified in a written notice of
claim wherein professional misconduct is alleged, the Contractor shall
promptly notify the Director in writing. The duty to notify under this
paragraph applies whether or not the County is claimed to be involved, is
named as a party to the matter, or could be potentially liable as a party.
F. The Contractor shall immediately inform the Director in writing of any cancellation
or its insurance or any decrease in its lines of coverage at least thirty (30) days
before such action takes place.
G. Commercial General Liability –
Policy shall include bodily injury, property damage and broad form contractual
liability coverage.
1.) The policy shall be endorsed to include coverage for physical/sexual
abuse and molestation.
2.) The policy shall be endorsed to include the following additional insured
language: "Maricopa County Department of Public Health, its subsidiary,
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SECTION II SPECIAL PROVISIONS
parent, associated and/or affiliated entities, successors, or assigns, its
elected officials, trustees, employees, agents, and volunteers shall be
named as additional insureds with respect to liability arising out of the
activities performed by, or on behalf of the Contractor".
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 4,000,000
Each Occurrence Limit $ 2,000,000
Personal/Advertising Injury $ 1,000,000
Sexual Abuse/Molestation $ 1,000,000
5. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that pursuant to A.R.S. § 38-511, the County may cancel this Contract
without penalty or further obligation within three years after execution of this Contract, if
any person significantly involved in initiating, negotiating, securing, drafting, or creating
this Contract on behalf of the County is at any time while this Contract or any extension
of this Contract is in effect, an employee or agent of any other Party to this Contract in
any capacity or consultant to any other Party of this Contract with respect to the subject
matter of this Contract. 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 Contract on behalf of the County
from any other Party to this Contract arising as the result of this Contract.
This Contract may be cancelled pursuant to A.R.S. § 38-511.
6. LAWS, RULES, AND REGULATIONS
The Contractor and the County understand and agree that this Contract is subject to all
applicable State and Federal laws, rules, and regulations.
A. Neither this Contract, 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
Contract without the written consent of the Contractor shall constitute a breach of
this Contract.
B. No assignment shall alter the Department’s responsibility to the Contractor to
assure that all of the provisions under this Contract are carried out by its
assignee. All terms and conditions in this Contract shall be included in the
Department’s assignments.
7. PROGRAM EVALUATION
The Contractor agrees to actively incorporate into its program design process
evaluation/assessment implemented by First Things First (FTF) and County to evaluate
the effectiveness of Oral Health services.
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SECTION II SPECIAL PROVISIONS
8. REVIEW OF PRINTED MATERIALS.
MCOOH-FTF must review and approve all Contractor publications and/or media funded
or partially funded through this Contract for compliance with this Contract. The MCOOH-
FTF shall submit to FTF via PGMS all print and electronic materials related to the
programs and services funded under this Contract before publicly distributing those
materials so that FTF may first review and approve prior to release. If deemed
necessary by FTF, the Contractor shall revise the materials as indicated by FTF before
publicly distributing the materials. FTF shall have full and complete rights to reproduce,
duplicate, disclose, perform, and otherwise use all materials prepared under this
Contract.
9. ACKNOWLEDGMENT OF FTF FUNDING.
The Contractor shall recognize FTF as a funding source of programs and services
funded in whole or part under this Contract in all publicly distributed print or electronic
materials related to those programs and services. The Contractor shall make this
recognition in a manner described in First Things First’s most current protocol and style
guide. FTF will post any updates to the protocol and style guide under the Grantee
Resources section of PGMS. The Contractor shall also recognize FTF as a funding
source of programs and services funded in whole or part under this Contract in all formal
oral presentations and media interviews related to those programs and services.
10. PUBLIC AWARENESS EFFORTS
The Contractor shall consult with MCOOH-FTF in the planning of public
awareness/marketing strategies, such as websites, advertising or media campaigns,
related to the programs or services funded under this Contract.
11. OWNERSHIP OF MATERIALS AND DATA
Any materials and data required to be collected, delivered or created under this
Agreement, including but not limited to reports, computer programs and other
deliverables are the sole property of the State (FTF). The Contractor shall not use or
release these materials or data without the prior written consent of FTF. The Contractor
is not entitled to a patent or copyright on these materials and data and may not transfer
the patent or copyright to anyone else.
12. OWNERSHIP OF INTELLECTUAL PROPERTY
Any and all intellectual property, including but not limited to copyright, invention,
trademark, trade name, service mark and/or trade secrets created or conceived pursuant
to or as a result of this Contract (“Intellectual Property”), shall be work made for hire and
FTF shall be considered the creator of such Intellectual Property. FTF shall own (for and
on behalf of the State) the entire right, title and interest to the Intellectual Property
throughout the world. The Contractor shall notify MCOOH-FTF, within thirty (30) days, of
the creation of any Intellectual Property. The Contractor, on behalf of itself, agrees to
execute any and all document(s) necessary to assure ownership of the Intellectual
Property vests in the State and shall take no affirmative action that might have the effect
of vesting all or part of the Intellectual Property in any entity other than the State. The
Intellectual Property shall not be disclosed by the Contractor to any entity not the State
without the express written authorization of MCOOH-FTF.
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SECTION II SPECIAL PROVISIONS
13. POLICY ON CONFIDENTIALITY
The Contractor and the County understand and agree that this Contract is subject to all
State and federal laws protecting client confidentiality of medical, behavioral health and
drug treatment information.
14. EQUIPMENT
A. The title to any and all equipment acquired through the expenditure of funds
received from FTF/County shall remain that of FTF. The acquisition of any such
equipment must be specifically authorized in advance by FTF/County and for
equipment which has a document evidencing title, title shall be acquired in the
name of FTF. Upon termination of this Contract, ADHS may determine the
disposition of all such equipment. The purchase of vehicles is not reimbursable
under the terms of this contract.
B. The Contractor agrees to exercise reasonable control over all equipment
purchased with capital outlay expense Contract funds. All equipment lost, stolen,
rendered unusable or no longer required for program operation must be reported
immediately to County for disposition instructions. The Contractor shall conduct
a physical inventory of equipment, using forms supplied by County, within sixty
(60) days after the end of the Contract.
15. FINGERPRINT AND CERTIFICATION REQUIREMENTS/JUVENILE SERVICES
The Fingerprint and Certification Requirements listed in this section apply to this contract
to the extent it pertains to services to juveniles.
a. The Contractor shall require that all paid and unpaid personnel who are required
or are allowed to provide services directly to juveniles have met all fingerprint and
certification requirements of A.R.S. §§36-882 and 36-425.03 prior to providing
such services.
b. The Contractor shall submit verification of fingerprinting and certification of an
employee by the Department of Economic Security, the Department of
Corrections or the Arizona Supreme Court to meet this requirement.
c. The Contractor shall require and verify that those employees who qualify only for
a restricted certification shall be supervised when providing services directly to
juveniles.
d. The Contractor shall require that all subcontracts for services to juveniles include
a provision requiring compliance by the subcontractor with A.R.S. §§36-882 and
36-425.03.
e. This Contract may be canceled if the fingerprint certifications or the Certification
for Employment required by A.R.S. § 36-425.03 of any employee, including
volunteers (whether or not paid) shows that he or she has committed, been
convicted of, or is awaiting trial for any offense(s) listed on the Certification for
Employment form in this state or similar offenses in another state or jurisdiction.
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SECTION II SPECIAL PROVISIONS
16. COMMUNICATION
The Contractor shall assume primary responsibility for effective, efficient communication
with MCOOH FTF staff.
17. ISRAEL BOYCOTT
By submitting this Contract the Contractor certifies that they are in compliance with
Article 9, A.R.S. Section 35-393 et seq.
18. UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
14

SECTION III WORK STATEMENT
1. DEFINITIONS:
A. MCDPH refers to Maricopa County Department of Public Health
B. MCOOH-FTF refers to Maricopa County Department of Public Health Office of
Oral Health First Teeth First
C. DHF refers to Dignity Health Foundation East Valley
2. SERVICE GOALS
Dignity Health Foundation – (East Valley) will partner with the Maricopa County
Department of Public Health (MCDPH) Office of Oral Health (OOH) to implement the
First Teeth First program in Maricopa County.
3. SERVICE OBJECTIVES/ACTIVITIES
A. Provide funding to Dignity Health Foundation for the cost of providing services in
the East and Southeast Maricopa Regions that meet the proposed Contracted
Service Units (CSU) laid out by First Things First, as well as, other performance
measures.
B. Site Coordinators will be responsible for the coordination of data collection and
reporting processes at site locations into the Maricopa County First Teeth First
Database. DHF will be responsible for scheduling and staffing delegated
locations within the DHF service area.
C. Complete Data Submission Form for each location that services are rendered.
D. MCOOH FTF will facilitate collaboration with and coordination of DHF to
implement the strategy and program/service delivery in accordance with the First
Things First Scope of Work and Standards of Practice.
4. OTHER REQUIREMENTS
A. MCOOH FTF shall:
1). Provide master copies of current program forms in advance of scheduled
screening dates to DHF. DHF will be responsible for printing program
forms.
2). Collect and report all required data and participation in ongoing program
services to First Things First on a quarterly basis.
3). Maintain all client information according to confidentiality requirements.
4). Responsible for conducting quality assurance activities related to DHF
participation in conjunction with the First Teeth First evaluation and First
Things First Standards of Practice.
15

SECTION III WORK STATEMENT
5). Implement a central intake system that works to increase collaboration
and streamline referrals through partnered organizations.
6). Build upon and leverage the existing professional development
infrastructure and system with DHF. Both organizations will establish a
coordinated plan for training and professional development.
7). Provide leadership around policy advocacy for the oral health agenda in
the six regions supporting the grant.
8). Make consent forms and patient information available to DHF if requested
as required by HIPPA.
B. DHF shall:
1). Adhere to the First Things First Oral Health Standards of Practice.
2). Promote participation in the First Teeth First fluoride varnish program
through parent engagement activities within a variety of settings, such as,
but not limited to: Immunization clinics, physician offices, WIC offices, and
early care education programs. Providing basic oral screenings, fluoride
varnish and education to target population.
3). Provide staff at designated locations to provide clinical services and
instruction to the target population for the related First Things First grant.
4). Promote medical dental service integration by offering services at
pediatric and obstetric clinics.
5). Recruit, hire and provide day-to-day supervision, salary, benefits, and
other employee related expenses for all DHF staff. A resume must be
sent to MCOOH FTF should any new staff be hired.
6). DHF will provide MCOOH FTF an updated roster of staff changes as
soon as they occur and include staff resumes.
7). Meet the Contracted Service Units (CSU) for children, expectant mothers
and oral health presentations in the East and Southeast Regions
designated in the RFGA.
8). Provide quarterly data submission reports of performance measures
listed in the RFGA and a narrative report of activities that occurred during
that quarter. Numerical data should be broken down by month. This is
due to MCOOH FTF by the 5th of the first month after the quarter ends:
1st Quarter (July 1 - September 30) Due: October 5
2nd Quarter (October 1 - December 31) Due: January 5
3rd Quarter (January 1 - March 31) Due: April 5
4th Quarter (April 1 - June 30) Due: July 5
16

SECTION III WORK STATEMENT
9). Use all forms, educational materials, protocols and guidelines used in
other MCOOH FTF oral health services delivery throughout Maricopa
County.
10). DHF will complete all data entry of consent forms and treatment records
using the First Teeth First central database within 72 hours of providing
services.
11). After data entry all consent forms and treatment records will be stored
according to HIPAA standards until delivered to MCOOH FTF. Forms will
be delivered to MCOOH FTF every two weeks.
12). Provide outreach to parents/guardians with children having urgent dental
needs so that referrals to dental services occur within 48 hours after the
initial dental screening.
13). Provide outreach to expectant mothers having urgent dental needs so
that referrals to dental services occur within 48 hours after the initial
dental screening.
14). Participate in the advancement of the professional development
infrastructure through collaborative efforts with MCOOH FTF.
15). Attend the three MCOOH FTF All Staff Meetings and one Registered
Dental Hygienist (RDH) Calibration Meeting.
All Staff Meetings:
 September 14, 2018
 January 11, 2019
 May 17, 2019
RDH Calibration Meeting:
 March 1, 2019
16). Invoices will be submitted to MCOOH FTF by the last day of the following
month. For example, MCOOH should receive the September invoice on
or before October 31 and so on.
17). Will submit the final invoice for the fiscal year by the 25th of July.
17

SECTION IV COMPENSATION
1. COMPENSATION
A. Subject to the availability of funds, County shall pay DHF on a cost
reimbursement basis for the services described herein for a sum not-to-exceed
the Contract Amount listed on the cover page of this Agreement. In accordance
the budget lines indicated in Attachment A, Budget. The request for payment
must be submitted by DHF.
B. Invoice shall contain the following information on DHF letterhead:
 Date of invoice
 Invoice to include a detailed list of expenses by line item with back up
information as requested.
C. DHF will email an invoice to the MCOOH-FTF accounting specialist and
MCOOH-FTF program coordinator
2. METHOD OF PAYMENT
A. DHF shall submit a payment request. This payment request must be on Dignity
Health letterhead and contain a signature authorizing the request.
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 sub
grantee, a warrant for payment up to the maximum total allowable for services
provided.
C. DHF understands and agrees that the County will not honor any claim for
payment submitted six (6) months after the last date of service for each session.
The sub grantee 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.
3. NOTICE
Any notice given under this Contract shall be sent to the attention of the following:
Maricopa County Department of Public Health Maricopa County Department of Public Health
Office of Oral Health Services Grants and Contracts Unit
Attention: First Teeth First Program Coordinator Grants and Contracts Administrator
1645 E. Roosevelt St., 2nd Floor 4041 N. Central Avenue, Suite 1400
Phoenix, AZ 85006 Phoenix, Arizona 85012
18

Attachment A: Dignity Health Foundation, Budget Period, July 1, 2018 through June 30, 2019

,
benefits 2,385.00 15,180.48 15,902.40 12,180.00 13,036.80 10,176.00 16,354.94 27,350.40 2,544.00 4,133.76 119,243.78
below Year fringe
was for $ $ $ $ $ $ $ 5 5 $ $
which Total total 7,950.00 50,601.60 53,008.00 40,600.00 43,456.00 33,920.00 54,516.48 91,168.00 8,480.00 13,779.20 397,479.28
Educator wages
PRN $ $ $ $ $ $ $ $ $ $ $
the to benefits 1,845.00 11,743.20 12,302.40 9,422.40 10,084.80 7,872.00 12,651.84 21,158.40 1,968.00 3,197.76
related increase) periods) fringe
$ $ $ $ $ $ $ $ 5
line pay pay
the 2.5% 20 wages 6,150.00 39,144.00 41,008.00 31,408.00 33,616.00 26,240.00 42,172.80 70,528.00 6,560.00 10,659.20
removr with hours/PP)* $ $ $ $ $ $ $ 5 $ $
did we periods * rate pay 6.00 40.00 80.00 80.00 80.00 32.00 48.00 80.00 16.00 16.00
although pay per
(20 ((hourly hours
June
amounts, - calculator rate 51.25 48.93 25.63 19.63 21.01 41.00 43.93 44.08 20.50 33.31
Oct
the hourly
of wage $ $ $ $ $ $ $ $ $ $
none Increase"
but benefits 540.00 3,437.28 3,600.00 2,757.60 2,952.00 2,304.00 3,703.10 6,192.00 576.00 936.00
2.8%
table, the ONE periods) fringe $ $ 5 $ $ $ $ 5 $ $
in THIS pay
6 1,800.00 11,457.60 12,000.00 9,192.00 9,840.00 7,680.00 12,343.68 20,640.00 1,920.00 3,120.00
formatting USE periods) wages
the table: pay hours/PP)* $ 5 $ $ $ $ $ $ $
of the (6 Sept * rate pay 6.00 40.00 80.00 80.00 80.00 32.00 48.00 80.00 16.00 16.00
some above - per
edited note Jul ((hourly hours
the
MCDPH and calculator rate 50.00 47.74 25.00 19.15 20.50 40.00 42.86 43.00 20.00 32.50
table hourly
Note: the wage $ $ $ $ $ $ $ $
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