IGA RE ORAL HEALTH WITH PEORIA USD.PDF

INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
1. Agreement No: C-86-19-015-3-00 2. Agreement Type: Service Contract
3. Agreement Amount: $3,998.70 4. Purpose: Transportation/Coordination of Services
5. Start Date: July 1, 2018 6. Expiration Date: June 30, 2019
This Agreement is entered into by and between the Peoria Unified School District (referred to herein as “Contractor”), and
Maricopa County, by and through its Department of Public Health (referred to herein after as “County”). Contractor and the County
are collectively referred to herein as the “Parties” and individually as a “Party.” Contractor, 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 Agreement, its exhibits, attachments, and appendices, including 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 Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. Nothing in this Agreement shall
be construed as consent to any lawsuit or waiver of any defense in a lawsuit brought against the County or the Contractor in any
State or federal Court.
Legal Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage prepaid, return
receipt requested, to the addresses set forth below and shall be effective upon receipt by the Party to whom addressed unless
otherwise indicated in the notice.
Notice to Contractor: Peoria Unified School District, Attn: Dr. Debbie Pischke Phone (623) 773-6676
Address: 6330 W Thunderbird Road, Glendale, AZ 85306
Notice to Department: MCDPH Grants/Contract Unit Phone: (602) 506-1829
Address: 4041 North Central Avenue, Ste #1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
PEORIA UNIFIED SCHOOL DISTRICT MARICOPA COUNTY BOARD OF SUPERVISORS
Signature: Signature:
Name: Name: Steve Chucri
Title: Title: Chairman, Board of Supervisors
Date: Date:
ATTEST:
Signature
Clerk of the Board
Date
Pursuant to A.R.S. § 11-952, the undersigned public agency Pursuant to A.R.S. § 11-952, the Attorney for the Board of
attorney has determined that this Intergovernmental Agreement Supervisors has determined that this Intergovernmental
is in proper form and is within the powers and authority granted Agreement is within the powers and authority granted under the
under the laws of the State of Arizona. laws of the State of Arizona.
Signature: Signature:
Attorney for Maricopa County
Name: Name:
Date: Date:
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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 Agreement, the following terms shall have the following meanings:
A. Agreement means this document and all attachments and amendments hereto.
B. Contractor means the person, firm or organization listed on the Cover Page of
this Agreement.
C. County means Maricopa County, Arizona.
D. Department means the Maricopa County Department of Public Health.
E. Funding Source means any federal, State, or private agency funding source,
which may impose conditions on the funding that will be passed on to the
Contractor.
F. FTF means Arizona Early Childhood Development and Health Board, First Things
First.
G. MCOOH-FTF means Maricopa County Office of Oral Health – First Things First
3. GENERAL REQUIREMENTS
A. The terms of this Agreement shall be construed in accordance with Arizona law.
Any lawsuit arising out of this Agreement shall be brought in the appropriate court
in Maricopa County.
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 Agreement, and shall comply with all laws regarding unemployment insurance,
disability, and workers’ compensation.
C. The Contractor is an independent contractor in the performance of work and the
provision of services under this Agreement and is not to be considered an officer,
employee, or agent of the County.
4. AMENDMENTS
All Amendments to this Agreement must be in writing and signed by authorized persons
for both Parties. All amendments shall clearly state the effective date of the action.
5. ADEQUACY OF RECORDS
If the Contractor's books, records and other documents related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible clients,
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SECTION I GENERAL PROVISIONS
the Contractor shall reimburse the County for the services not adequately 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 that relate to
this Agreement.
B. The Contractor shall retain all financial books, records, and other documents
related to this Agreement for five (5) years after final payment or until after the
resolution of any audit questions, which could be more than five (5) years,
whichever is longer. 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 financial books, records and other documents.
7. ASSIGNMENT AND SUBCONTRACTING
No rights, liability, obligations or duties under this Agreement 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 Agreement that are disallowed, by a federal, State or
County audit in the amount of the disallowance, as well as court costs and attorney
fees the County incurs to pursue legal action relating to a disallowance.
B. If 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 shall 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 immediate repayment of the disallowed amount by the
Contractor.
9. AGREEMENT COMPLIANCE MONITORING
County shall monitor the Contractor's compliance with, and performance under, the terms
and conditions of this Agreement. On-site visits for compliance monitoring may be made
by the County and/or its grantor agencies at any time during the Contractor's normal
business hours, announced or unannounced. During an on-site visit, the Contractor shall
make its records and documents related to work performed or services provided under
this Agreement available to the County for inspection and copying.
10. AVAILABILITY OF FUNDS
A. The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor, as
provided herein, are actually available to the County for disbursement. The
Department shall be the sole authority in determining the availability of funds under
this Agreement and the County shall keep the Contractor fully informed as to the
availability of funds.
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SECTION I GENERAL PROVISIONS
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 Agreement, the County may amend, suspend, decrease, or
terminate its obligations under or in connection with this Agreement. If this
Agreement is terminated, the County shall be liable for payment only for services
rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Agreement. The County
shall give written notice of the effective date of any suspension, amendment, or
termination under this section at least ten (10) days in advance.
11. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
A. The Contractor shall, during the term of this Agreement, 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 Agreement. Failure by the Contractor to notify the County
of such award shall be considered a material breach of this Agreement and the
County may immediately terminate this Agreement without liability.
B. County may request, and the Contractor shall provide within a reasonable time,
not exceeding ten (10) working days, a copy of such other contract or grant, when,
in the opinion of the Department, the award of the contract or grant may affect the
costs being paid or reimbursed under this Agreement.
C. If the County determines that the award to the Contractor of such other contract or
grant has affected the costs being paid or reimbursed under this Agreement, the
County shall prepare an amendment to this Agreement effecting a cost adjustment.
If the Contractor disputes the proposed cost adjustment, the dispute shall be
resolved pursuant to the "Disputes" clause section contained herein.
12. DEFAULT
The County may suspend, modify, or terminate this Agreement immediately upon giving
written notice to the Contractor if the Contractor fails to perform under or otherwise
breaches any obligation under this Agreement, or upon the occurrence of any event that
may jeopardize the ability of the Contractor to perform any of its obligations under this
Agreement.
13. TERMINATION
A. Either Party may terminate this Agreement at any time by giving the other Party at
least thirty (30) calendar days prior written notice. The notice shall be given by
personal delivery or by registered or certified mail, postage prepaid, return receipt
requested.
B. This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
C. The County may terminate this Agreement upon twenty-four (24) hours notice
when the County deems the Contractor’s non-compliance jeopardizes funding
source financial participation. If not terminated by one of the above methods, this
Agreement will terminate upon the expiration date of this Agreement as stated on
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SECTION I GENERAL PROVISIONS
the Cover Page of this Agreement.
14. SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision hereof, and the remaining
provisions shall remain in full force and effect.
15. STRICT COMPLIANCE
Acceptance by the County of performance that is not in strict compliance with the terms
of this Agreement shall not be deemed to waive the requirement of strict compliance for
all future performance. All changes in performance obligations under this Agreement must
be in writing and signed by the Parties.
16. NON-LIABILITY
The County and its officers, representatives, agents, 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 any subcontractor occurring in the performance of this
Agreement, nor shall they be liable for purchases or contracts made by the Contractor or
any subcontractor in connection with this Agreement.
17. INDEMNITY
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party (as “Indemnitee”) from and against all claims, losses, liability, costs, and expenses
(including reasonable attorneys’ fees) (hereinafter collectively referred to as “Claims”)
arising out of bodily injury of any person (including death) or property damage, but only to
the extent that such Claims, which result in vicarious liability to Indemnitee, are caused by
the act, omission, negligence, misconduct, or other fault of Indemnitor, its officers, agents,
employees, or volunteers.
18. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or entity has been employed or retained to solicit
or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of this warranty, the
County may immediately terminate this Agreement without liability.
19. SAFEGUARDING CLIENT INFORMATION
The use or disclosure by any Party of any information concerning an eligible individual
served under this Agreement is directly limited to the performance of this Agreement.
20. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without
cost or other restriction, except as otherwise provided herein or by law. Each Party shall
supply to the other Party, upon request, any available information known to the supplying
Party that is relevant to this Agreement and to the performance hereunder.
21. NON-DISCRIMINATION
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SECTION I GENERAL PROVISIONS
The Contractor, in connection with any service or other activity under this Agreement, shall
not in any way discriminate against any person on the grounds of race, color, religion, sex,
national origin, age, disability, affiliation or belief. The Contractor shall include this clause
in all of its subcontracts related to this Agreement.
22. 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 insure 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 Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et
seq.); the Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603) (“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 (42 U.S.C. §§ 12101, et seq.).
23. RIGHT OF PARTIAL CANCELLATION
If more than one activity is funded by this Agreement, the County reserves the right to
terminate this Agreement or any part thereof based on the Contractor's failure to perform
any part of this Agreement without impairing, invalidating or canceling the remaining Work
Statement obligations.
24. RIGHT TO EXTEND AGREEMENT
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
Agreement 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
Agreement shall be in writing mutually acceptable to the Department and the Contractor
and signed by both Parties.
25. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The undersigned, an authorized representative of 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 C.F.R. 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 Agreement been convicted of
or had a civil judgment entered against them for the commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a
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SECTION I GENERAL PROVISIONS
public (federal, State or local) transaction or contract under a public transaction;
violation of federal or State antitrust statues or commission of 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 Agreement had one or more
public transactions (federal, State or local) terminated for cause or default.
B. If the Contractor is not able to provide this certification, an explanation as to why
shall be attached to this Agreement.
C. The Contractor shall include, without modification, this Paragraph in all lower tier
covered transactions (i.e., transactions with subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
26. CIVIL SERVICES DIVISION
The parties to this agreement acknowledge that they are aware that the Civil Services
Division of the Maricopa County Attorney’s Office (Civil Division) may be chosen as the
attorney for other parties to this agreement, and the signing party acknowledges that it is
aware of a potential conflict of interest, and it waives any claim of conflict of interest, which
may arise by virtue of Civil Division’s representation of other parties to this agreement.
27. E-VERIFICATION OF EMPLOYEES
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;
B. That a breach of the warranty under subsection A above shall be deemed a
material breach of this Agreement that entitles the County to, among other things,
immediately terminate this Agreement without liability;
C. That the County and any contracting government entity retains the legal right to
inspect the papers of any contractor or subcontractor employee who works on this
Agreement to ensure that the contractor or subcontractor is complying with the
warranty provided under subsection A above and that the contractor agrees to
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 any contractor or subcontractor an agent or
employee of the County or contracting government entity.
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SECTION II SPECIAL PROVISIONS
1. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the
Special Provisions shall control. To the extent that the Work Statement(s) are in conflict
with the Special or General Provisions, the Work Statement(s) shall control.
2. DISPUTES
A. Except as otherwise provided by law, or otherwise specifically agreed to by the
Parties, any dispute not involving a question of law arising out of this Agreement
that is not resolved between the Parties within a reasonable time, which shall not
exceed 120 days, shall be resolved as follows:
1. Disputes must be filed with the person administering this Agreement for
the County, if one has been appointed, or, if not, with the Procurement
Officer, within ten (10) days from the date the Contractor knew or should
have known the basis of the dispute.
2. The person administering this Agreement or the Procurement Officer,
as applicable, shall respond in writing to the dispute within fourteen (14)
days.
3. The Contractor may abide by the decision or may appeal the decision
to the Director of the Department within seven (7) days.
This Paragraph shall not apply to claims arising from bodily injury, death, or
property damage.
3. CHANGES
A. The Department may, at any time, by written order, make changes within the
general scope of this Agreement in any one or more of the following areas:
1. Work Statement activities reflecting changes in 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/or program budgets.
B. The order will not increase or decrease the maximum reimbursable amount to be
paid the Contractor. Additionally, the order will not direct substantive changes in
services to be rendered by the Contractor.
C. Any dispute or disagreement caused by such order shall constitute a "Dispute"
within the meaning of the Disputes Clause of the Special Provisions of this
Agreement and shall be administered accordingly.
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SECTION II SPECIAL PROVISIONS
4. UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement 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.
5. INSURANCE
A. The Contractor shall have in effect at all times during the term of this Agreement
insurance or comparable self-insurance that is adequate to protect the County, its
officers, employees, property, and equipment against the losses set forth below.
The Contractor shall provide the County with a certificate of insurance or a certified
copy of the insurance policy naming the County as an additional insured, or, if the
Contractor is self-insured, shall provide the County with a letter indicating that it is
self-insured.
B. The following types and amounts of insurance are required as minimums:
1. Workers’ compensation and unemployment insurance as required by law.
2. Unemployment insurance as required by Arizona law.
3. Public liability, bodily injury, and property damage policies that insure
against claims for liability for the Contractor’s negligence or maintenance
of unsafe vehicles, facilities, or equipment brought by clients receiving
services pursuant to this Agreement and by lawful visitors of such clients.
The limits of the policies shall not be less than $2,000,000 per occurrence
and $4,000,000 aggregate.
C. Automobile and Truck Liability, Bodily Injury and Property Damages:
1. General liability, each occurrence; $1,000,000
2. Property damage; $1,000,000
3. Combined single limit; $1,000,000
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 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,
and other staff working under this Agreement, is named as a defendant in
litigation, or is identified in a written notice of claim, wherein professional
misconduct is alleged, the Contractor will promptly notify the Department
in writing. The duty to notify under this paragraph applies whether or not
the County is alleged to be involved, is named as a party to the matter, or
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SECTION II SPECIAL PROVISIONS
could be potentially liable as a party.
F. The Contractor shall immediately inform the Department of any cancellation of its
insurance or any decrease in its lines of coverage at least thirty (30) days before
such action takes place.
G. Commercial General Liability – Occurrence Form
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,
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
6. SPECIAL REQUIREMENTS
A. If the use of subcontractors is approved by the County, the Contractor agrees to
use written subcontracts or consultant agreements that conform to federal and
State laws and regulations and the requirements of this Agreement 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. The
Contractor is responsible for performance under this Agreement whether or not
any 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.
7. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Pursuant to A.R.S. § 38-511, the County may cancel this Agreement without penalty or
further obligation, within three years after execution of this Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting, or creating this
Agreement on behalf of the County is, at any time while this Agreement or any extension
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SECTION II SPECIAL PROVISIONS
of this Agreement is in effect, an employee or agent of any other Party to this Agreement
in any capacity or is a consultant to any other Party to this Agreement with respect to the
subject matter of this Agreement. In addition, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating this Agreement on behalf of the County from any other Party
to this Agreement arising as the result of this Agreement.
8. POLICY ON CONFIDENTIALITY
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws protecting client confidentiality of medical, behavioral health and
drug treatment information.
9. LAWS, RULES AND REGULATIONS
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws, rules, and regulations that pertain hereto.
10. ISRAEL BOYCOTT
By submitting this Agreement the Contractor certifies that they are in compliance with
Article 9, A.R.S. Section 35-393 et seq.
11. 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
12. 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.
13. REVIEW OF PRINTED MATERIALS.
MCOOH-FTF must review and approve all Contractor publications and/or media funded
or partially funded through this Agreement for compliance with this Agreement. The
MCOOH-FTF shall submit to FTF via PGMS all print and electronic materials related to
the programs and services funded under this Agreement 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
Agreement.
14. ACKNOWLEDGMENT OF FTF FUNDING.
The Contractor shall recognize FTF as a funding source of programs and services
funded in whole or part under this Agreement 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 Agreement in all
formal oral presentations and media interviews related to those programs and services.
15. 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 Agreement.
16. 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.
17. 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 Agreement (“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
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SECTION II SPECIAL PROVISIONS
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 III WORK STATEMENT
1. DEFINITIONS
A. MCDPH refers to Maricopa County Department of Public Health
B. MCOOH FTF refers to Maricopa County Office of Oral Health First Teeth First
C. PUSD refers to Peoria Unified School District
2. SERVICE GOALS
Peoria Unified School District will provide coordination of transportation for preschool
children as indicated in Attachment B, Schedule.
3. SERVICE OBJECTIVES/ACTIVITIES
A. Provide funding to Peoria Unified School District for the cost of the transportation
of children via buses in the First Things First Northwest Maricopa Region to receive
dental education, screenings and fluoride varnish at preschools in the school
district. Additionally, coordinate program at the schools, provide data entry and
report as necessary.
B. Site Coordinator will provide assistances on the date of services to move the
children from the buses to the location where oral health screenings, fluoride
varnish and education is being provided and return back to the buses following
services.
C. Provide care coordination to children presenting with urgent dental needs and
those determined as high risk.
D. Screenings will be provided once a year either in the fall or spring.
4. OTHER REQUIREMENTS
MCOOH FTF shall:
A. Provide program information and parent consent forms in advance of scheduled
screening dates, to the site coordinator.
B. Provide licensed dental hygienist and trained bilingual site assistants to conduct
the dental screening and fluoride varnish application at each location.
C. Check State Board of Dental Examiners licensing records on licensed MCDPH
dental providers; conduct background checks of all dental providers.
D. Supply identification badges for dental providers.
E. Furnish/bring necessary dental supplies needed to conduct the basic oral health
screening/fluoride varnish activities as the designated PUSD locations.
F. Provide oral health education materials for parents and teachers.
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SECTION III WORK STATEMENT
G. Provide care coordination to those children that present as being high risk upon
receiving a screening.
H. Maintain all student information according to confidentiality requirements.
I. Data Entry will be completed by MCOOH FTF for each child following services
within 72 hours.
PUSD shall:
A. Inform families about participation in the First Teeth First fluoride varnish program
through communication with teachers, school offices and parents.
B. Provide transportation coordination for students from scheduled elementary
schools to the services location on the date of scheduled services.
C. Use all forms, educational materials, protocols and guidelines used in other
MCOOH FTF oral health services delivery locations in the Region.
D. Keep returned consent forms until the date of service and store all consent forms
and treatment records after services have been provided.
E. Provide adequate physical space at each school for dental screening and fluoride
varnish services to be delivered.
F. Provide outreach to parents/guardians with children having urgent dental needs so
that referrals to dental services occur after the initial dental screening.
G. Provide outreach to those children that present as being high risk upon receiving
a screening. This will be done by informing the parents that MCOOH FTF staff
will be contacting them to provide oral health support services.
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SECTION IV COMPENSATION
1 COMPENSATION
A. Subject to the availability of funds, County shall pay the Contractor for the services
described herein for a sum not-to-exceed the Contract Amount listed on the cover
page of this Agreement. In accordance with the budget lines indicated in
Attachment A, Budget. The request for payment must be submitted by the
Contractor.
B. Invoice shall contain the following information on PUSD letterhead:
 Date of invoice
 Breakdown of service dates with each school location, drop off school, am
hours, pm hours and total number of hours.
 Transportation rate per hour for buses.
 Number of scheduling hours (coordinator hours).
 Number of data entry hours (data entry/reporting).
C. The Contractor will email an invoice to the MCOOH-FTF accounting specialist and
MCOOH-FTF program coordinator
2. METHOD OF PAYMENT
A. Contractor shall submit a payment request. This payment request must be on
school 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
Contractor, a warrant for payment up to the maximum total allowable for services
provided.
C. The Contractor 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 Contractor 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 Peoria Unified School District
Office of Oral Health Services
Attention: First Teeth First Program Coordinator Attention: Dr. Debbie Pischke
1645 E. Roosevelt St., 2nd Floor 6330 W Thunderbird Road
Phoenix, AZ 85006 Glendale, AZ 85306
Maricopa County Department of Public Health Phone: 623-773-6676
Grants and Contracts Unit e-mail: DPischke@pusd11.net
Grants and Contracts Administrator
4041 N. Central Avenue, Suite 1400
Phoenix, Arizona 85012
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ATTACHMENT A BUDGET
BUDGET
Service Cost per Service Hour Total
Site Coordination $25.00 per hour x 52.5 hours $1312.50
Data Entry/Reporting $25.00 per hour x 50 hours $1,250
Transportation $16.70 per hour x 86 hours $1436.20
Total $3,998.70
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ATTACHMENT B SCHEDULE
2019 Spring Schedule / Dental Screenings
 Thursday January 31ST – Parkridge Elementary School - 9970 W Beardsley Rd. Peoria
AZ 85382
 Thursday March 7th – Sky View Elementary School - 8624 W Sweetwater Ave. Peoria
85381
 Thursday March 14th – Desert Palms Elementary School - 114441 N. 55th Ave. Glendale
85304
 Thursday April 4th – Sky View Elementary School - 8624 W Sweetwater Ave. Peoria
85381
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