IGA RE EPI SVCS WITH UNIV OF AZ.PDF
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INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
1. Agreement No: C-86-18- 2. Agreement Type: Fixed Fee
3. Agreement Amount: S134.000.00 annually 4. Purpose: Epidemiology Services
5. Start Date: July 1.2018 6. Expiration Date: June 30. 2023
This Agreement is entered into by and between the Arizona Board of Regents for and on behalf of the University of Arizona
(referred to herein as -Contractor - ). and IVIaricopa County, by and through its Department of Public Health (MCDPH) (referred to
herein 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.
Arizona Board of Regents.
Notice to Contractor: University of Arizona — Sponsored Project Services Phone (520) 626-6000
Address: P. 0. Box 210158. Tucson AZ 85721-0158
Notice to County: MCDPH Grants/Contract Unit Phone: (602) 372-0675
Address: 4041 North Central Avenue. Ste #1400. Phoenix. Arizona 85012
IN WITNESS WHEREOF, the Pa'rties enter into this Agreement:
ARIZONA BOARD OF REGENT for and on behalf of MARICOPA COUNTY BOARD OF SUPERVISORS
University ofAr4pa
Signature Signature
Name Mark A. Drury Name
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 thepg..wys i rity granted Agreement is within the powers and authority granted under the
under the laws of the State -'-'-- laws of the State of Arizona
Signature Signature
Attorney for Maricopa County
Date Date
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SECTION II SPECIAL 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.
Department means the Maricopa County Department of Public Health.
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.
3. GENERAL REQUIREMENTS
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 relevant to this Agreement are
not reasonably sufficient to support and document that allowable services were provided
to eligible clients the Contractor shall reimburse Maricopa County for the services not so
adequately supported and documented.
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SECTION II SPECIAL PROVISIONS
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. As required by A.R.S. 35-214, 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. The records will be provided at University of Arizona,
Tucson, Arizona, or another location designated by Contractor on reasonable
notice to the County.
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
The Contractor shall, upon written demand therefore, reimburse the County for any
payments made under this Agreement which are disallowed by a Federal, State or
County audit in the amount of the disallowance, as well as court costs and attorney
fees which the County incurs to pursue legal action relating to such a disallowance.
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 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. 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, with not less than two business days' prior notice given to Contractor.
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
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 County
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 II SPECIAL 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 and Contractor may agree to
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
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.
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.
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 other Party if the other Party 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 other Party to perform any of its obligations under this
Agreement.
13. TERMINATION
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. Additionally, the terminating Party will give the other Party a courtesy
email per the Notices section advising of the pending termination.
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 health or welfare of a patient is endangered or the
SECTION ll SPECIAL PROVISIONS
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 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
Neither Party and its officers, representatives, agents, and employees shall be liable for
any act or omission by the other Party or any subcontractor, employee, officer, agent, or
representative of the other Party or any subcontractor occurring in the performance of this
Agreement, nor shall a Party be liable for purchases or contracts made by the other Party
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 lndemnitee, are caused by
the act, omission, negligence, misconduct, or other fault of lndemnitor, its officers, agents,
employees, or authorized 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
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SECTION II SPECIAL PROVISIONS
Party that is relevant to this Agreement and to the performance hereunder.
21. NON-DISCRIMINATION
Each Party, 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. If applicable, the Parties will abide
by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals based on their
status as protected veterans or individuals with disabilities, and prohibit
discrimination against all individuals based on their race, color, religion, sex or
national origin. Moreover, these regulations require that covered prime contractors
and subcontractors take affirmative action to employ and advance in employment
individuals without regard to race, color, religion, sex, national origin, protected
veteran status or disability.
22. EQUAL EMPLOYMENT OPPORTUNITY
Neither Party will discriminate against any employee or applicant for employment because
of race, age, disability, color, religion, sex, or national origin. Each Party 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. Each Party 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 §§ 621, at 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. Each Party 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 request an
extension of this Agreement for additional one-year periods, not to exceed a total extended
term of five (5) years, except that the cost will be subject to renegotiation. Any extension
of this Agreement shall be in writing mutually acceptable to the County and the Contractor
and signed by both Parties.
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SECTION II SPECIAL PROVISIONS
25. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
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
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.
If the Contractor is not able to provide this certification, an explanation as to why
shall be attached to this Agreement.
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. E-VERIFICATION OF EMPLOYEES
Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
A. That it 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;
That a breach of the warranty under subsection A above shall be deemed a
material breach of this Agreement that entitles the other Party to, among other
things, immediately terminate this Agreement without liability;
That the other Party 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;
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SECTION II SPECIAL PROVISIONS
D. That nothing herein shall make any contractor or subcontractor an agent or
employee of the County or contracting government entity.
8
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
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 sixty (60)
days, shall be resolved as follows:
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 Parties knew or should have known
the basis of the dispute.
B. The person administering this Agreement or the Procurement Officer, as
applicable, shall respond in writing to the dispute within fourteen (14) days.
The Contractor may abide by the decision or may appeal the decision to
the Director of the MCDPH within seven (7) days.
This Paragraph shall not apply to claims arising from bodily injury, death, or property
damage.
As required by A.R.S. § 12-1518, the Parties agree to make use of arbitration in disputes
that are subject to mandatory arbitration pursuant to A.R.S. § 12-133.
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:
Work Statement activities reflecting changes in funding source or County
regulations, policies, or requirements.
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.
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. INSURANCE
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.
The following types and amounts of insurance are required as minimums:
Workers compensation and unemployment insurance as required by law.
2. Unemployment insurance as required by Arizona law.
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.
F. Professional Liability:
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
could be potentially liable as a party.
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.
Ii)
SECTION II SPECIAL PROVISIONS
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.
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
5. 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 effectve date.
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.
6. REPORTING REQUIREMENTS
If requested by the County, the Contractor shall submit monthly, quarterly, and annual
progress reports on or before the third (3rd) day of the month following the end of the
reporting period. In addition, a quarterly expenditure report will be submitted with the
quarterly progress report.
7. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Pursuant to A.R.S. § 38-511, either Party may cancel this Agreement without penalty or
further obligation, within three years after execution of this Agreement, if any person
SECTION II SPECIAL PROVISIONS
significantly involved in initiating, negotiating. securing, drafting, or creating this
Agreement on behalf of a Party is, at any time while this Agreement or any extension 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.
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. SPONSORSHIP ACKNOWLEDGMENT
All promotional materials, brochures, and flyers prepared by the Contractor shall include
the following statement, "Sponsored by Maricopa County Department of Public Health."
11. 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.
12. 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
1 2
SECTION III WORK STATEMENT
PURPOSE
The University of Arizona's Student Aid for Field Epidemiology Response (SAFER) is a
team of students who will provide response aid to Maricopa County Department of Public
Health (MCDPH) during large community events such as large sporting events, infectious
disease case investigations including outbreaks, and public health emergencies. SAFER
will provide public health and epidemiology students with experiential learning
opportunities and will enhance MCDPH preparedness for public health emergencies and
contribute to the safety of Maricopa County citizens. The SAFER students function under
the Maricopa County Office of Epidemiology (OE) and will be coordinated by the Incident
Command Center (ICC) as needed in coordination with the Maricopa County Office of
Preparedness and Response (OPR).
BACKGROUND
The University of Arizona's Student Aid for Field Epidemiology Response (SAFER) Team's
goals are to provide public health and epidemiology students with experiential learning
opportunities with Maricopa County Department of Public Health (MCDPH). Benefits to
SAFER team members include gaining public health experience and conducting tasks
relevant to the mission of MCDPH.
RESPONSIBILITIES OF THE CONTRACTOR
The Faculty Principal Investigator (PO/Director for the SAFER Team will be
responsible for the supervision, tracking, and maintenance of all activities to the
Intergovernmental Agreement (IGA).
B. Two to four staff persons and/or student positions, as needed by workload and
determined by the PI for the SAFER Team shall each work on activities pertaining
to this Agreement.
The University of Arizona shall have students available to MCDPH when requested
during the academic calendar. Students should be available to MCDPH within one
business day from the date of the request. In the event students are not available,
the Faculty Director and/or Graduate Research Assistant(s) will respond.
The SAFER annual report will be available to MCDPH for evaluation at the end of
each calendar year. Documented on an annual basis (inclusive of Campylobacter,
Salmonella, and Shigella):
• Number (N) of cases received
• Number (N) of cases Interviewed
• Number (N) of attempts to contact
• Number (N) interviewed afterhours and weekends
SAFER performance of case and outbreak investigations must comply with
completeness and timeliness metrics which MCDPH is subject to. Please see
Attachment C for further clarification.
SECTION III WORK STATEMENT
EXPECTATIONS AND METHODOLOGY
A. During Events and Exercises
The University of Arizona's Student Aid for Field Epidemiology Response (SAFER)
Team will provide response aid to Maricapa County Department of Public Health
(MCDPH) during events, outbreaks, and emergencies. The SAFER Students will
function under the direction of OE in coordination with the Office of Preparedness
and Response (OPR). SAFER students serve on the field epidemiology team
during various large events in Maricopa County including sporting events, Annual
Fiesta College Bowls, Phoenix International Raceway (PIR) events, and other
situations when the decision is made by OE to activate the team.
B. Assist with Outbreaks and Enteric Disease Investigations, Data Collection and
Analysis
During routine enteric disease investigations, epidemics, and large outbreaks, the
students will function under the direction of MCDPH OE for any number of
supportive functions including, but not limited to: survey creation, phone interviews,
medical record requests and chart extraction, email and web based interview
distribution and collection. Analysis of data is limited to that required for routine
quality assurance analysis to ensure the IGA requirements are being met and the
annual SAFER report being produced. Additional descriptive and/or complex data
analysis may also be completed in collaboration with OE following a written request
and permission granted.
In order to increase timeliness and efficiency on case investigations, the data will
be entered directly into Medical Electronic Disease Surveillance Intelligence
System (MEDSIS) on behalf of MCDPH. Priority for data collection and data entry
will be determined by MCDPH. See Attachments B and C for clarification.
For outbreaks, single case investigations, and special events the data should be
collected from the clients/cases using MCDPH supplied forms. Any additional data
collected which is not included on the original MCDPH form shall be included in
the online database only with the express permission of MCDPH. MCDPH shall
have full access to and the right to examine, copy, and make use of any and all
such data. To achieve an optimal response rate during routine disease case
investigations the following contact methodology will be attempted.
For cases with contact phone numbers
a. The student will attempt a maximum of three (3) documented phone
calls with varied time-of-day contact (i.e.: morning, evenings and
weekends).
b. Following one (1) unsuccessful phone attempt a text message will
be sent to the case to contact the health department if the number
is a verified mobile number.
c. After three (3) unsuccessful attempts at contact, case should be
returned to MCDPH. MCDPH will make the final 2 attempts.
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SECTION III WORK STATEMENT
MCDPH will provide updated contact information for cases, if available If
for any reason the contact information is incorrect or missing the cases
should be returned to MCDPH.
Uses of Data:
Al. Carefully restrict use and access of information to those designated by
MCDPH.
A.1.A. No data. aggregate or line list, may be released by SAFER.
A.1.B. Analysis authorized under this IGA is limited to the minimum
necessary to ensure completion of contract requirements as
outlined in Section 3. Any analysis or use of the data beyond that,
even by parties previously considered covered by this IGA (PI,
GRAs, SAFER students), must be submitted to MCDPH OE at
http://www.maricopa.qov/epi and will be considered similar to all
other academic institution data requests in compliance with OE
policies and procedures
A.1.C. If SAFER receives a request for data or information related to
activities covered under this IGA, they should direct the party to
http://www.mari copa.qov/epi and MCDPH OE will work with that
party in accordance with OE policies and procedures.
A.2. The data shall only be accessed at locations which are considered
physically secure for data access and use including, specified SAFER call
center or MCDPH offices. The data shall not be accessed at any public
venue.
A.3. For submission of abstracts, the abstract must be sent to MCDPH OE at
least 3 weeks prior to submission to review and comment on. Please see
Attachment D for details.
A.4. For publications and presentations external to the University of Arizona
which present MCDPH data or reference work done for or with MCDPH
under this or past IGAs, notification must be made and all materials
submitted for review to MCDPH OE at least 5 weeks prior to submission.
Please see Attachment D for details.
A.5. For studies, investigations, or field experiences which lead to draft
manuscripts, the SAFER student(s) most involved and/or PI as well as OE
I 5
SECTION III WORK STATEMENT
staff will be invited to contribute and have an author position relative to the
amount of work contributed to the manuscript.
6. SECURITY OF CONFIDENTIAL INFORMATION
The Contractor shall monitor the use of all Public Health Data disclosed by MCDPH
under this IGA, including but not limited to Personal Identifying Information, and to
carefully restrict the use and disclosure of such information as provided for herein.
Survival of Duty to Protect Confidential Information
It is understood and agreed by the Parties that the obligations set forth in this
Section 6 shall survive the expiration or termination of this IGA. except as
expressly provided for herein.
Minimum Safeguards for Protected Health Information
The Contractor shall carefully restrict use and access of MCDPH Personally
Identifying Information solely to Authorized Persons and shall ensure that the
Contractor implements the following minimum safeguards to prevent a Security
Breach in a manner consistent with the requirements of this IGA or applicable law.
Contractor safeguards shall, at the minimum, require that the Contractor and its
Authorized Persons:
C Prohibit Personally Identifying Information supplied under the terms of this
IGA from being released or disclosed to anyone not working on MCDPH
data collection and analysis as an Authorized Person.
C.2. Secure all printouts containing individual identifiers or confidential data in a
locked vault, file cabinet or other method reasonably necessary to protect
the confidential information.
C.3. Store all Public Health Data shared pursuant to this IGA only on secured
servers or encrypted devices within MCDPH, which, at the termination of
this IGA, shall be securely deleted upon the conclusion of this IGA
consistent with the requirements of this IGA and applicable law.
C.4. Provide MCDPH with a description of the security measures that are in
place to maintain the confidentiality of the data being received under this
IGA.
C.5. Provide MCDPH, upon request, with a current list of Authorized Persons,
and evidence that all Authorized Persons who have access to the Public
Health Data shared under this IGA have participated in any required
training and signed any documents that are necessary to keep both
MCDPH and the Contractor in compliance with HIPAA, including but not
1 6
SECTION III WORK STATEMENT
limited to, user confidentiality affirmation statement, HIPAA training
certification or other HIPAA related compliance documents, if applicable.
C.6. Provide or continue to provide MCDPH with a copy of the contractor's
procedure for the notification of MCDPH of any Security Breach, which shall
include a requirement that any user of the Public Health Data shared under
this IGA shall immediately notify a designated individual at MCDPH of any
known or reasonably suspected Security Breach.
C.7. Maintain a log of all encrypted devices and identification numbers of those
devices that are authorized to transmit, receive, or store the Public Health
Data shared under this IGA, until the data is destroyed. MCDPH may
request a copy of the log at any time during the term of the 1GA or until the
data is destroyed.
0.8. Make clear to all Authorized Persons and other employees with a need to
know that the Contractor is prohibited from storing Public Health Data on
non-encrypted flash drives, CDs, external drives, smart phones or other
non-networked hard drives.
C.9. Provide MCDPH prompt proof of the complete destruction of the original
data and any copies or subsidiary data sets containing Personally
Identifying Information that are developed from the original data upon the
conclusion of this IGA or at such time that such destruction is required by
applicable law and in compliance with County record retention policies.
Proof of destruction may include a certificate of destruction.
Security Breach
In the event of a Security Breach, pursuant to A.R.S. § 44-7501, MCDPH and the
Contractor agree to collaborate with each other on the investigation, mitigation,
remediation and, if necessary, breach notification of citizens. Pursuant to A.R.S. §
41-3507, MCDPH shall notify ADHS and the Arizona Strategic Enterprise
Technology (ASET) Statewide Information Security and Privacy Office (SISPO)
immediately upon becoming aware or receiving notice of a Security Breach.
17
SECTION IV COMPENSATION
1. COMPENSATION
Subject to availability of funds, the County shall pay University of Arizona for the
services described herein not to exceed $134,000.00 per year.
Compensation will be reimbursed on a monthly fixed rate. Any charges to funds
allocated for this Agreement shall be adjusted via Amendment in writing and
signed by both parties, as state above.
2. METHOD OF PAYMENT
A. All payment requests/invoices must be on Contractor letterhead and contain a
signature, authorizing the reimbursement request. Monthly invoices and reports
are due no later than the 10' business day of the following month. In the event
that an invoice does not arrive by the 10 111 business of the following month. it will
not be reimbursed until the following monthly cycle.
Subject to the availability of funds, the County will, within thirty (30) working days
from the date of receipt of documents enumerated herein, process and remit to the
Contractor a warrant for payment up to the maximum total allowable for services
provided. Should the County make a disallowance in the claim, the claim shall be
processed for the reduced amount. If the Contractor protests the amount or the
reason for a disallowance, the protest shall be construed as a dispute concerning
a question of fact within the meaning of the "Disputes" clause of the Special
Provisions of this Agreement.
The Contractor understands and agrees that the County will not honor any claim
for payment submitted six (6) months after the date of service. 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.
Payments made by the County to the Contractor are conditioned upon the timely
receipt of applicable, accurate, and complete invoices submitted by the Contractor.
The Contractor forfeits the right to reimbursement for costs incurred in any month
for which it fails to meet the deadline for submitting the monthly reports, except if
such failure is beyond the reasonable control of the Contractor. The Contractor
also forfeits its right to reimbursement for costs incurred in which a paid invoice or
proof of expenditure is non-existent.
Invoices shall be submitted directly to the requesting County Department receiving
Contractor services on a monthly interval.
F. The Department will make payment as promptly as possible in accordance with
County procedures, but not greater than 30 days after receipt of invoice. Invoices
must include the following minimum information.
1. Contract number and name
2. Itemized description of work performed (to be sent under separate cover)
3. Contract billing price
4. Agency Department
18
SECTION IV COMPENSATION
The Contractor shall submit monthly invoices to:
Maricopa County Department of Public Health
Attn: Justin Kelley
4041 N. Central Avenue, Suite 600
Phoenix. AZ 85012
E-mail: Justinkelley@mail.maricopa.gov
3. PAYMENTS
A. Payments shall be sent to the following addresses:
If sent by US Mail:
University of Arizona (Account 4237030)
1303 E University Blvd, Box 3
Tucson, AZ 85719-0521
Phone: (520) 525-6000
If sent by overnight delivery service:
University of Arizona Bursar's Office (Account 4237030)
888 N Euclid, Room 104
Tucson, AZ 85719
Phone: (520) 621-1998
University of Arizona's FIN number is: 74-2652689
4. NOTICE
Any notice given under this Agreement shall be sent to the attention of the following:
CONTRACTOR:
Administrative & Contractual Notices to:
Arizona Board of Regents
University of Arizona
P0 Box 210158
Tucson. AZ 85721-0158
Phone: (520) 626-6000
sponsor@email.arizona.edu
MARICOPA COUNTY:
Maricopa County Department of Public Health,
Disease Control Division
Office of Epidemiology
Attn: Jigna Narang
4041 N. Central Avenue. Suite 600
Phoenix, AZ 85012
Phone:602-372-2621
Email:jignanarang@mail.maricopa.gov
1 9
SECTION IV COMPENSATION
Maricopa County Department of Public Health
Administration Division
Office of Acquisition and Grants Management
Attn: Grants Administrator
4041 N Central Ave, Suite 1400
Phoenix, AZ 85012
Phone: (602) 372-0675
20
ATTACHMENT A
Maricopa.County
Department of Public Health
Division of Disease Control / Epidemiology
To: Medical Records From:
University of Arizona
Phone: 480-222-2222 I Fax 480-222-2222 Phone: Fax:
Re: Client Contact Information Date: # of pages:
This request Is part of an active infectious disease investigation. Please address immediately!!
Attention Primary Care Facility:
Please FAX: Client Contact information including address and phone numbers.
"I am from the University of Arizona and am investigating on the behalf of Maricopa County
Department of Public Health and am requesting client contact information."
IMPORTANT!
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL INFORMATION INTENDED FOR ONLY THE
INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE
EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. PLEASE NOTIFY US BY
TELEPHONE IMMEDIATELY AND RETURN ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL
SERVICE.
H1PPA Related Information!
Maricopa County Department of Public Health (MCDPH) is conducting the activity described above In Its capacity as a
public health authority as defined by the Health insurance Portability and Accountability
Act (HIPAA). Standards for Privacy of Individually Identifiable Health Information; Final Rule (Privacy Rule) [45 CFR
§164.501]. Pursuant to 45 CFR.5164.512(b) of the Privacy Rule, covered entitles such
as your organization may disclose, without individual authorization, protected health Information to public health
authorities" authorized by law to collect or receive such information for the purpose of preventing or controlling
Divisions of Epidemiology
4041 N. Central Suite 0600 Phoenix, Arizona 85012
Phone: (602)372-2604 (602) 506-6767
Fax: (602) 372-2610 I (6O2)506-8l14
disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or
death, and the conduct of public health surveillance, public health investigations, and public health interventions .. "
MCDPH Is conducting a communicable disease investigation, a public health activity as described by 45
CFR §164.512(b), and is authorized by Arizona Revised Statute 38-662. The information being requested represents the
minimum necessary to carry out the public health purposes of this project pursuant to 45 CFR §164.514(d) of the Privacy
Rule.
To: Medical Records Department
Maricopa County Department of Public Health (MCDPH), Is mandated to investigate communicable diseases in
accordance with the Arizona Administrative Code R9-6-204.
In accordance with Arizona Revised Statute 36•662, we respectfully request your cooperation in disease reporting by
making available to us the information listed below. Since Arizona Revised Statutes 36-107, and Arizona Administrative
Code R9-1-31.2 protect the confidential nature of medical records, this information cannot and will not be made public
without the consent of the patient or their parent/guardian.
Pursuant to HIPAA regulations: "Nothing in the part shall be construed to invalidate or limit the authority, power, or
procedures established under any law providing for the reporting of disease or injury, child abuse, birth, or death, public
health surveillance, or public health investigation or intervention."
For questions or follow up
Call
At
Thank you for your cooperation.
Approximate Date of Service:
First Name: Last Name: DOE: Sex:
Street : Dir: Street:
Diagnosis:
Physician Name:
Envisions or Epidemiology
4041 Ni. Central Suite #600 Phoenix, Arizona 85012
Phone: (602)372-2604 1 (602) 50643767
Fax (602) 372-2610 1 (602) 506-6444
ATTACHMENT B
SAFER Campylobacter,Salmonella and Shigella Investigation Protocol
Kristen Pogreba-Brown or designee should submit student names and signed user agreements at
the beginning of each semester for each student needing access to MEDSIS. Kristen Pogreba-Brown
or designee will directly facilitate this process with ADHS, access to MEDSIS will be given to all the
students enrolled in Kristen Pogreba-Brown's class as well as SAFER teaching assistants and
program coordinator. MCDPH will provide MEDSIS training and data entry and user manuals. Kristen
Pogreba-Brown or designee should submit directly to ADHS, for deactivating student MEDSIS
accounts at the end of their rotation. Students who are staying on as members of SAFER for more
than one semester should have that noted as soon as possible to prevent account deactivation.
MCDPH will provide enteric specific investigation training for SAFER students every semester.
Campylobacter, Salmonella and Shigella cases will be assigned by MCDPH triage team to Kristen
Pogreba-Brown which will then be distributed to SAFER students for investigation. The PI will have
the responsibility for managing the investigation queues in MEDSIS to ensure timely investigation of
cases.
SAFER will use the relevant MEDSIS forms for Campylobacter, Salmonella, and Shigella
investigation during case interviews, students will attempt to interview the case in accordance with
protocol in Attachment E below.
If during the case investigation, the student determines the case is a food handler, childcare worker
or attendee, or is a healthcare worker, or if student(s) discover similarities between two (2) unrelated
cases (not members of the same household examples included below).
• Consuming food or drink from the same establishment (excluding common venues such as
Taco Bell, McDonalds, Jack in the Box, etc. unless the unrelated cases mention the same
location).
• Visits to the same zoo, farm, pet shop, fair, water-park, lake, river, social gathering, sporting
event, etc.
• Cases which have similar travel related exposures.
• Cases which reside in the same facility (assisted living, halfway house, etc. or attend the same
adult daycare facility).
SAFER will send an email to the pre-determined list at MCDPH OE. This will be done at the end of
the shift, outlining all the following information (in the table format below):
MEDSIS ID Binational I Others III New Contact
Needed
Upon completion of the investigation, data entry into MEDSIS will be done within one (1) day. "Key"
critical MEDSIS fields will be addressed during training; these fields should be filled if at all possible.
Any information/data collected during case interviews which does not have a corresponding data entry
field on the DSO shall be entered in the MEDSIS case Comments section. The case should then be
closed and submitted to Arizona Department of Health Services (ADHS) per MEDSIS training and
protocol.
MCDPH will provide SAFER with an informational packet on Salmonella which can be emailed to the
person interviewed after obtaining their email address. For those cases who do not have an email,
SAFER will mail packets via USPS.
The informational packet includes instruction and a seven (7) day food history to be completed by the
case and returned to ADHS via email or USPS. SAFER will request the person not to reveal their
diagnosis when sending via email, simply complete the history and send to ADHS as indicated.
SAFER will enter information gained from the returned seven (7) day food history into MEDSIS, if
returned by case.
ATTACHMENT C
Completeness and Timeliness Metrics
In accordance with the MEDSIS data entry and investigation guidelines, the below standards for
the data entry and investigation of cases by SAFER shall apply to Salmonella, Campylobacter,
and Shigella cases.
Initial case entry
• Salmonella, Campylobacter, and Shigella cases must be entered within one working day.
Control action within appropriate time frame
• For Salmonella only, control action should be initiated within three business days of the
initial case report to public health. This does not mean the date SAFER was notified, but
rather from when the initial case report was received as indicated above.
Key fields for data entry include:
MEDSIS Key MEDSIS Field All closed All investigated
Fields cases cases
County X X
Date of Birth X
Pregnant X
School Name X
Patient Details Race X
Ethnic Group X
Primary Language X
Died X
Local Classification* X X
Detection Method X X
Investigation Status X X
Reporting Source X X
Case Details Date Report to County X X
Onset Date X
Diagnosis Date X
Disease Imported X
Patient Outcome X
Date Investigation Started X
(date/time field)
Case Standing X
Case Control Action: were any specific X
Management control action taken?
Type of Control Measure X
Date Control Measure Initiated X
Date Collected X
Lab Test Result Date X
Observations Lab Notes X
DSO Key Fields How field appears in MEDSIS Campy Salmonella Shigella
Diarrhea ">3 loose stools" X X
Hospitalized "Were you hospitalized?" X X
Food handler "Food handler (work or X X
volunteer)"
Childcare 'Work at or attend childcare" X X
Contact with "Contact with someone with
similar similar symptoms?" X
symptoms
Contact with ''Any contact with animals or X
animals animal products?"
Poultry "Poultry (chicken, turkey, X
etc.)?"
Travel in the week prior to your illness
onset, did you travel outside the X
country?"
*Case Classification: Cases will be entered in MEDSIS for Salmonella, Campylobacter, and
Shigella in accordance with the current classification defined by Arizona Department of Health
Services Case Definitions For Public Health Surveillance found at the following web location:
http://www.azdhs.gov/preparedness/epidenniology-disease-control/index.php#investigations -
case-definitions
ATTACHMENT D
Abstract and Manuscript Submission Process and Approval
Conference Abstract and Journal Publication Submission Process:
Prior to receiving an approval for any abstract/ journal publication submission, abstract
submission topic shall be discussed with the assigned supervisor prior to write up. The abstract/
publication draft shall be approved by all co-authors, assigned supervisor, Nursing Supervisor
and/or Program Manager and the MCDPH Division Medical Director prior to conference/ journal
submission.
If substantive comments are made which lead to changes in the conclusions, alteration of analytic
methods, or further analysis, then the updated draft highlighting these changes should be
submitted for review up to either the Nursing Supervisor or Program Manager. If a submission is
rejected, the lead should discuss with the co-authors whether to submit to another journal or not.
If the same manuscript will be submitted to another journal, notification should be made to all
reviewers (except the Division Medical Director) but re-approval of the manuscript is not needed.
If the Division Medical Director is unable to approve due to tight submission deadlines, authors
shall agree to withdraw the submission if the Division Medical Director subsequently disapproves
of the abstract/manuscript or has significant edits.
Presentation/ Manuscript Process and Approval:
Once selected for a presentation or publication, the lead presenter/ author shall determine the
submission/print date as soon as possible. Calendar appointments shall be set up for review of
material. In the email, if a conference, please attach appropriate materials and include the
conference name, date, location, the type of presentation accepted and the length of time for your
talk (if applicable). If the subject is a publication, please include the journal name, deadline
submission date, and length of manuscript if applicable.
Abstract Submission Review Timelines:
• 3 weeks prior to submission deadline - The assigned supervisor shall receive an email
with the title and proposed abstract for edits and review.
• 2 weeks prior to submission deadline - The assigned supervisor and one of the office
supervisors will return any edits back to the corresponding author for review.
• 1 week prior to submission deadline - A calendar appointment and revised abstract
shall be sent to the assigned supervisor, one of the office supervisors, Division Medical
Director and administrative assistant for final approval
• 48 hours prior to submission deadline — If approved, the final abstract will be returned
to the corresponding author for submission.
Manuscript Submission Review Timelines:
• 5 weeks prior to submission deadline - The assigned supervisor shall receive an email
with the full manuscript and all coordinating figures and tables for edits and review.
• 4 weeks prior to submission deadline -
The assigned supervisor and one of the office supervisors will return any edits back to the
corresponding author for review.
• 3 weeks prior to submission deadline - A calendar appointment shall be sent to the
assigned supervisor, one of the office supervisors, Division Medical Director and
Administrative Assistant for final review.
• 2 weeks prior to submission deadline - MCDPH will return any edits back to the
corresponding author for review.
• I week prior to submission deadline — the corresponding author will submit the final
manuscript for approval.
• 48 hours prior to submission deadline — If approved, the final manuscript will be
returned to the corresponding author for submission.
* If the abstract or publication includes data obtained from Arizona Department of Health Services (ADHS),
after approval by MCDPH Division Medical Director, it must be submitted to ADHS for review and this
process shall be facilitated by Program Manager