ALHAMBRA IGA SHI - SHIP.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-86-18- 2. Agreement Type: _Fee for Service
3. Agreement Amount: $5,000.00 4. Purpose: School Health Index (SHI) and/or
School Health Implementation Plans (SHIP)
5. Start Date: September 1, 2017 6. Expiration Date: May 31, 2020
This Agreement is entered into by and between the Alhambra Elementary School District #68 (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: Alhambra Elementary School District #68 Phone 602-336-2920
Address: 4510 N 37th Ave Phoenix, AZ 85019
Notice to Department: MCDPH Grants/Contract Unit Phone: (602) 506-1829
Address: 4041 North Central Avenue, Suite #1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY BOARD OF SUPERVISORS
Signature: Signature:
Name: Name: Denny Barney
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.
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,
the Contractor shall reimburse the County for the services not adequately supported and
documented.
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SECTION I GENERAL 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. 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.
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
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SECTION I GENERAL PROVISIONS
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. NON-APPROPRIATION OF FUNDS
Notwithstanding any other provision herein, this Agreement may be terminated without
liability if the Maricopa County Board of Supervisors does not appropriate sufficient monies
for the purpose of maintaining this Contract.
13. DEFAULT
The County may suspend, modify, or terminate this 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.
14. 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
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SECTION I GENERAL PROVISIONS
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.
15. TERMINATION FOR BREACH
If either Party defaults under this Agreement and the default continues for more than ten
(10) days after the effective date of the other Party’s written notice stating the specific
nature of the default, then the noticing Party may treat the default as a breach of this
Contract. Upon a breach, the aggrieved Party may exercise any remedy available under
the law, including the termination of this Contract.
16. SEVERABILITY
Any provision of this 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.
17. 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.
18. 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.
19. INDEMNITY
A. To the fullest extent permitted by law, and to the extent that claims, damages,
losses or expenses are not covered and paid by insurance purchased by the
Contractor, the Contractor shall defend indemnify and hold harmless the County
(as Owner), its agents, representatives, agents, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses (including,
but not limited to attorneys' fees, court costs, expert witness fees, and the costs
and attorneys' fees for appellate proceedings) arising out of, or alleged to have
resulted from the negligent acts, errors, omissions, or mistakes relating to the
performance of this Agreement.
B. Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, agents, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death or injury to, impairment of, or destruction of
tangible property, including loss of use resulting there from, caused by negligent
acts, errors, omissions, or mistakes in the performance of this Contract, but only
to the extent caused by the negligent acts or omissions of the Contractor, a
subcontractor, any one directly or indirectly employed by them, or anyone for
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SECTION I GENERAL PROVISIONS
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
C. The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this paragraph.
D. The scope of this indemnification does not extend to the sole negligence of
COUNTY.
20. 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.
21. 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.
22. 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.
23. NON-DISCRIMINATION
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.
24. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, or national origin. The Contractor
shall take affirmative action to 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.).
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SECTION I GENERAL PROVISIONS
25. 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.
26. 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 three
(3) 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.
27. 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.
28. 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
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.
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SECTION I GENERAL PROVISIONS
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.
29. 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
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:
A. 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.
B. The person administering this Contract or the Procurement Officer, as applicable,
shall respond in writing to the dispute within fourteen (14) days.
C. 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. MEDIATION/ARBITRATION
In the event that any dispute arises out of this Agreement or involves a recipient of services
under the terms of this Agreement, the Parties shall meet and confer in an effort to resolve
the dispute. In the event that such efforts to resolve the dispute are unsuccessful, the
Parties shall resolve the dispute by arbitration pursuant to A.R.S. § 12-1518(A).
4. CHANGES
A. The Director may, at any time, by written order, make changes within the scope of
this Contract in any one or more of the following areas:
1). Work Statement activities reflecting changes in the scope of services,
funding source, or County regulations, policies, or requirements.
2). Administrative requirements, such as changes in reporting periods,
frequency of reports, or report formats required by funding source, or
County regulations, policies, or requirements.
3). Contractor reimbursement schedules and program budgets
B. The Director shall not increase or decrease the maximum reimbursable amount to
be paid the Contractor without an official amendment to this Agreement.
Additionally, the Director shall not direct substantive changes in services to be
rendered by the Contractor.
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SECTION II SPECIAL PROVISIONS
C. Any dispute or disagreement caused by such written order shall constitute a
"Dispute" within the meaning of the Disputes Clause of the Special Provisions of
this Agreement and shall be administered accordingly.
5. 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.
6. 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.
A. Neither this Agreement, nor any portion thereof, may be assigned to another
person by the Department without the written consent of the Contractor’s
designated representative. Any attempt by the Department to assign any portion
of this Agreement without the written consent of the Contractor shall constitute a
breach of this Agreement.
B. No assignment shall alter the Department’s responsibility to the Contractor to
assure that all of the provisions under this Agreement are carried out by its
assignee. All terms and conditions in this Agreement shall be included in the
Department’s assignments.
7. SPECIAL REQUIREMENTS
A. If the use of subcontractors is approved by County, the Contractor shall use written
subcontracts or consultant agreements that conform to Federal and State laws and
regulations, and to the requirements of this Contract appropriate to the service or
activity covered by the subcontract. These provisions apply with equal force to the
subcontract as if the subcontractor were the Contractor referenced herein. The
Contractor is responsible for performing under this Contract whether or not
Subcontractors are used. The Contractor shall submit a copy of each Subcontract
to the County within fifteen (15) days of its effective date.
B. The Contractor shall include in any subcontracts a provision to the effect that the
subcontractor agrees that the County shall have access to the subcontractor’s
facilities and the right to examine any books, documents, and records of the
subcontractor, involving transactions related to the subcontract and that such
books, documents, and records shall not be disposed of except as provided herein.
8. 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.
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SECTION II SPECIAL PROVISIONS
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
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,
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SECTION II SPECIAL PROVISIONS
parent, associated and/or affiliated entities, successors, or assigns, its
elected officials, trustees, employees, agents, and volunteers shall be
named as additional insureds with respect to liability arising out of the
activities performed by, or on behalf of the Contractor".
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 4,000,000
Each Occurrence Limit $ 2,000,000
Personal/Advertising Injury $ 1,000,000
Sexual Abuse/Molestation $ 1,000,000
9. REPORTING REQUIREMENTS
If requested by the County, the Contractor shall submit quarterly and annual progress
reports on or before the tenth (10th) 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.
10. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that 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 of this Agreement is in effect, an employee or agent of any other Party to this
Agreement in any capacity or consultant to any other Party of this Agreement with respect
to the subject matter of this Agreement. Additionally, pursuant to A.R.S. § 38-511, the
County may recoup any fee or commission paid or due to any person significantly involved
in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the
County from any other Party to this Agreement arising as the result of this Agreement.
This Agreement may be cancelled pursuant to A.R.S. § 38-511.
11. PROGRAM MARKETING INITIATIVES
When issuing statements, press releases and other documents describing projects or
programs funded in whole or in part with State money, all grantees receiving State funds
shall clearly state (1) the percentage of the total costs of the program or project which will
be financed with State money; (2) the dollar amount of funds for the project or program,
and (3) percentage and dollar amount of the total costs of the project or program that will
be financed by nongovernmental sources.
12. 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.
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SECTION II SPECIAL PROVISIONS
13. EQUIPMENT
A. The title to any and all equipment acquired through the expenditure of funds
received from ADHS/County shall remain that of ADHS. The acquisition of any
such equipment must be specifically authorized in advance by ADHS/County and
for equipment which has a document evidencing title, title shall be acquired in the
name of ADHS. Upon termination of this Agreement, ADHS may determine the
disposition of all such equipment. The purchase of vehicles is not reimbursable
under the terms of this Agreement.
B. The Contractor agrees to exercise reasonable control over all equipment
purchased with capital outlay expense Agreement funds. All equipment lost,
stolen, rendered unusable or no longer required for program operation must be
reported immediately to County for disposition instructions. The Contractor shall
conduct a physical inventory of equipment, using forms supplied by County, within
sixty (60) days after the end of the Agreement.
14. SPONSORSHIP ACKNOWLEDGMENT
All promotional materials, brochures, and flyers prepared by the Contractor shall include
the following statement, “Sponsored by MCDPH.”
15. 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.
16. 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
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SECTION II SPECIAL PROVISIONS
Employment form in this state or similar offenses in another state or jurisdiction.
17. COMMUNICATION
The Contractor shall assume primary responsibility for effective, efficient communication
with OSHWI Representative.
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SECTION III WORK STATEMENT
1. DEFINITIONS
A. DEPARTMENT refers to the Maricopa County Department of Public Health
(MCDPH).
B. CONTRACTOR refers to the School District listed on the front page of this
Agreement.
C. COUNTY refers to Maricopa County, Arizona.
D. OSHWI is an acronym for the Office of School Health and Wellness Initiatives.
E. CDC refers to the Centers for Disease Control and Prevention.
F. SHAC refers to School Health Advisory Council refers to a council comprised of
school staff, parents and community members to help guide and inform the work
on both the SHI and SHIP.
G. SHI refers to School Health Index, a comprehensive health and wellness
assessment for K-12 schools consisting of 8 modules which assist in the
development of an action plan to help support the improvement of school health
and wellness policies and practices. The SHI is a tool developed by the CDC.
H. SHIP School Health Implementation Plan refers to the health improvement plan
developed after the completion of the SHI to make tangible improvements to the
schools health and wellness policies and practices.
I. DELIVERABLES defined as the essential program outcomes as outlined by the
program description, i.e. educational projects, outreach events, reporting, and
technical assistance.
J. MATERIAL refers to non-stipend related expenses (shall not include food and
water).
K. STIPEND refers to the funds allocated to the School Coordinator.
2. PURPOSE
The purpose of this IGA is to provide funding to schools to implement the SHI/SHIP
Program. The County agrees to provide funding from its Arizona State Grant for the
Program, and the School District agrees to distribute funds to individual schools and
school coordinators and provide reports on individual school progress toward Program
goals
3. (SHI/SHIP) PROCESS
The SHI/SHIP Program begins with the school’s implementation of the SHI Program,
under which a SHAC is formed, the self-assessment is completed and an action plan is
created. The specific service goals, objectives/activities, and other requirements for SHI
are described below in items A-C. Upon the successful completion of the SHI Program,
the school is eligible to receive funding during the subsequent school year to implement
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SECTION III WORK STATEMENT
the SHIP Program. The specific service goals, objectives/activities, and other
requirements for SHIP are described below in items D-F.
A. (SHI) SERVICE GOALS
Contractor agrees to act as a pay agent and pass through total funds in the amount
of $2,000 to each school.
1.) A stipend of $1,000 will be provided per school listed in Attachment A to be
paid by the school district for the SHI.
2.) A stipend of $1,000 will be provided per school level coordinator to be paid
directly to coordinator.
3.) Technical assistance, training, and other prevention related material, will
be provided by OSHWI.
B. (SHI) SERVICE OBJECTIVES/ACTIVITIES
Contractor agrees that to be eligible for payment of stipend, each school will be
required to provide the following services:
1.) Contractor to designate a SHI coordinator within the first three months of
signing the contract.
2.) SHI Coordinator will attend an OSHWI sponsored SHI Orientation.
3.) The SHI coordinator will work with the OSHWI Representative on a
quarterly or more frequently if needed basis to receive support and
technical assistance on completing the SHI program.
4.) The SHI Coordinator will assemble a SHAC following CDC
recommendations to have multidisciplinary participation within the first
three months of signing the contract.
5.) The SHI coordinator will work with the SHAC to complete all SHI
assessments (modules 1-8) within the first six months.
6.) The SHI coordinator will work with the SHAC to create a SHIP, which
includes the overall scorecard and action plan, on or before April 30th.
7.) The SHI coordinator will complete a final program evaluation and all other
required documents to OSHWI Representative by April 30th.
C. (SHI) OTHER REQUIREMENTS
1.) Contractor shall respond to all additional requests for information solicited
by OSHWI when they are submitted in writing and allow for a minimum of
72 hours to respond.
2.) Final invoices must be submitted within 30 days of the expiration of the
contract period.
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SECTION III WORK STATEMENT
3.) Contractor agrees to participate in randomly generated site visits in
accordance with the fiduciary responsibility delegated to us by State
grantor, the Arizona Department of Health Services. During the site visits,
we will check for supporting documentation for submitted charges
D. (SHIP) SERVICE GOALS
Contractor agrees to act as a pay agent and pass through funds in the amount of
$2,500 to each school based on the following categories:
1.) A one-time advance payment will be provided to each school listed in
Attachment A to be paid to the school.
2.) Each school wanting to participate in the SHIP will begin by reconvening
their SHAC, reassessing their agreed upon SHIP after the completion of
their SHI the previous year, submitting their plan with any updates made
and a timeline for implementation and completion of SHIP for review and
approval, to the designated OSHWI Representative. Upon approval, the
school may begin the implementation of the plan and submit their request
for reimbursement.
E. (SHIP) SERVICE OBJECTIVES/ACTIVITIES
Contractor agrees that to be eligible for payment of stipend, each school will be
required to provide the following services:
1.) Contractor to designate a SHIP coordinator within the first three months of
signing the contract, if original SHI coordinator is no longer available.
2.) SHIP coordinator will attend an OSHWI sponsored SHI/SHIP Orientation.
3.) The SHIP coordinator will work with the OSHWI representative on a
quarterly or more frequently if needed basis to receive support and
technical assistance on completing the SHIP program.
4.) The SHIP coordinator will reassemble a SHAC following CDC
recommendations to have multidisciplinary participation within the first
three months of signing the contract.
5.) The SHIP coordinator will work with the SHAC to reassess the SHIP (Action
Plan) developed after completing the SHI the previous year, which includes
the overall scorecard and action plan before the end of the school year.
6.) The SHIP coordinator will complete a final program evaluation and all other
required documents to OSHWI Representative by April 30th.
F. (SHIP) OTHER REQUIREMENTS
1.) Each School District must submit a request for advance payment. The
request must identify each participating school, amount per school and total
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SECTION III WORK STATEMENT
amount requested. Payment requests should be emailed to the assigned
OSHWI Representative.
2.) Contractor shall respond to all additional requests for information solicited
by OSHWI when they are submitted in writing and allow for a minimum of
72 hours to respond.
3.) All payment requests must be submitted within 30 days of the expiration of
the contract period.
4.) Contractor agrees to participate in randomly generated site visits in
accordance with the fiduciary responsibility delegated to us by State
grantor, the Arizona Department of Health Services.
5.) Contractor agrees to participate in random follow-up
questioners/evaluations administered by OSHWI with 3 (three) years of
termination of this contract.
18

SECTION IV COMPENSATION
1 COMPENSATION
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. The payment request/invoice will also include the following information
from Attachment A (participating school, amount per school and total amount requested).
The District must submit the invoice on behalf of the schools that have completed the SHI
and/or SHIP.
2 METHOD OF PAYMENT
A. Contractor shall submit a payment request. This payment request must be on
school letterhead and contain the following:
 Signature authorizing the request
 Invoice number
 School Name
 Amount
 Date
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 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.
D. Payments made by the County to the Contractor are conditioned upon the timely
receipt of applicable, accurate, and complete monthly reports and sufficient invoice
documentation 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.
E. Payment shall be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. The Contractor shall
complete the Vendor Registration Form located on the County Department of
Finance Vendor Registration Web Site
(http://www.maricopa.gov/Finance/Vendors.aspx), within 30 days of this contract
being executed.
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SECTION IV COMPENSATION
F. Invoices may be submitted via electronic form, email or regular mail to:
Jessica Varney
Maricopa County Department of Public Health
4041 N Central Ave, Suite 700
Phoenix, Arizona 85012
jessicavarney@mail.maricopa.gov
3. NOTICE:
Any notice given under this Contract shall be sent to the attention of the following:
Maricopa County Department of Public
Health
Emily Flanigan
4041 N. Central Avenue, Suite 700
Phoenix, Arizona 85012
Phone No.: (602) 372-8435
Email: EmilyFlanigan@mail.maricopa.gov
Maricopa County Department of Public
Health, Grants and Contracts Unit
Grants and Contracts Administrator
4041 N. Central Avenue, Suite 1400
Phoenix, Arizona 85012
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ATTACHMENT A SCHOOLS
SHI AND SHIP Complete all grey highlighted areas
Alhambra Elementary School District #68 OSHWI
School District: Representative: Jessica Varney
School District contact: Dr. Tracey Lopeman
Title: Executive Director
Email: traceylopeman@alhambraesd.org
Phone No.: 602-336-2219
Mail Contract to:
Name: Dr. Tracey Lopeman
Title: Executive Director
Email: traceylopeman@alhambraesd.org
Address City State ZIP
Mailing Address: 4510 North 37th Avenue Phoenix AZ 85019
Name of School: Address City State Zip Amount SHI or SHIP
1. Westwood Primary School 4711 N. 23rd Avenue Phoenix AZ 85015 $2,500 SHIP
2. Family Resource Center 6615 N. 39th Avenue Phoenix AZ 85019 $2,500 SHIP
3.
4.
5.
6.
7.
8.
9.
10.
Total Amount: $5,000
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