Extracted text (via pymupdf_layout)
15977 characters
C-86-17-037-3-01 GENERAL CONTRACT AGREEMENT BUYER: SELLER: Council of State & Territorial Epidemiologists Maricopa County by and through its Department of (CSTE) Public Health 2872 Woodcock Blvd., Suite 250 4041 N. Central Ave, Suite 600, Atlanta, GA 30341-4015 Phoenix, AZ 85012 CSTE AUTHORIZING OFFICIAL: AUTHORIZING OFFICIALS: Jeffrey P. Engel, M.D. Denny Barney Executive Director Chairman Maricopa County Board of Supervisors CSTE PROJECT MANAGER: PROJECT MANAGERS: Megan Toe Jessica White, Dr.PH, MS Manager, Non-Infectious Disease Program Public Health Scientist PROJECT/PRODUCT DESCRIPTION (See Article I and Statement of Work, Attachment 1) DELIVERY SCHEDULE: See Statement of Work, Attachment 1 PERIOD OF PERFORMANCE: Start Date: End Date: February 15, 2017 June 30, 2017 CONTRACT PRICE (See Article II and Attachment 2): not to exceed $14,883.00 PAYMENTS TERMS (See Article IV): in full payment for services satisfactorily performed such compensation not to exceed $14,883.00 by June 30, 2017. Payment is contingent upon receipt and approval of a detailed statement of activities. An invoice in the amount of $14,883.00 will be submitted to CSTE within 30 days of project completion. TYPE OF CONTRACT: This is a Firm Fixed price contract (See Article III). TERMS AND CONDITIONS: See Articles I through XXV included as a part of this agreement for applicable Terms and Conditions. __________________________ _________________________________________ Jeffrey P. Engel, M.D. Executive Director Denny Barney, Chairman Date Council of State & Territorial Epidemiologists Maricopa County Board of Supervisors APPROVED AS TO FORM________________________________ Attorney for Maricopa County Date ATTEST__________________________________________ Clerk of the Board Date GENERAL CONTRACT AGREEMENT CONTRACT TERMS AND CONDITIONS Article I – Statement of Work More details are set forth in Seller’s Statement of Work as appended hereto as Attachment 1. Article II – Cost A. The total price to CSTE for the performance of this General Contract Agreement and the General Contract agreement with Seller shall not exceed $14,883.00 unless changed by written amendment to this Agreement. All funding shall be contingent upon the availability of funds from the CDC (Contract No.5U38OT00143-04). B. CSTE hereby grants to Seller the right to re-budget funds to the extent necessary to achieve the maximum benefit to the CSTE and in accordance with CDC Policy. Article III – Type of Contract This Agreement is a firm fixed price contract. It is recognized by both parties that the actual costs for this project may vary either above or below the price set forth in Article II, but will have no affect on that price, unless amended as set forth in Article XVI. Article IV - Payment A.CSTE shall reimburse Seller for work completed and chargeable to CSTE upon being invoiced by Seller and upon approval of the invoice by CSTE’s Executive Director. Invoices shall be submitted for payments in full to: Megan Toe Council of State and Territorial Epidemiologists 2872 Woodcock Boulevard Suite 250 Atlanta, GA 30341-4015 A. Payment shall be made by CSTE within thirty (30) days of receipt of invoice. All checks should be made payable to: and mailed to: Jessica White Maricopa County Department of Public Health 4041 N. Central Ave, Suite 600, Phoenix, AZ 85012 Article V – Publicity No party will use the name of the other party in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. Article VI – Governing Laws This Agreement shall be governed and construed in accordance with laws of the State of Georgia. Article VII – Regulatory Compliance A. The Seller agrees to comply with and abide by all relevant and applicable laws and regulations of federal, state, and local governments/agencies. B. Seller assures that adequate safeguards shall be taken whenever using human subjects in research projects and an institutional review committee composed of sufficient members with varying backgrounds to assure complete and adequate review of projects involving the use of human subjects has reviewed and approved the projects. Seller will abide by all applicable provisions of the U.S. Department of Health and Human Services regarding the use of human subjects. Article VIII – Rights in Data, Publication, and Copyright CSTE and Seller jointly own the rights in data, publication and all copyrights resulting from any publications related to this activity. Article IX – Intellectual Property CSTE and Seller shall each retain ownership of, and all right and title and interest in and to, their respective pre-existing intellectual property and processes and their ancillary or derivative Works, including such ancillary and derivative Works that may be developed under this Agreement. CSTE’s existing and/or already conceived inventions, discoveries, patents, products, or other information shall be the exclusive property of CSTE in accordance with 37 CFR Part 401. Article X – Termination A. Either party may terminate this Agreement hereto by giving written notice to the other party seven (7) days in advance of a specified date of termination. B. Upon receipt of such notice from CSTE, Seller shall take all necessary action to cancel outstanding purchase orders and other commitments relating to the project under this Agreement, and shall exercise reasonable diligence to cancel or redirect commitments for personnel services to its other activities and operations. C. CSTE shall remain liable for all cost incurred under this Agreement, including any of the above mentioned commitments entered into by Seller in good faith prior to the receipt of the termination notice. Upon payment of such costs, CSTE shall be entitled to, and Seller agrees to deliver, the information and items, which, if the Agreement had been completed, would have been required to be furnished to CSTE. Article XII – Independent Contractor A. In the performance of all services hereunder, Seller shall be deemed to be and shall be an independent contractor. B. No party is authorized or empowered to act as agent for any other for any purpose and shall not on behalf of any other enter into any contract, warranty, or representation as to any matter. None shall be bound by the acts or conduct of any other. Article XIII – Indemnification A. CSTE assumes all risk of liability with respect to its performance of any activities relating to this project, other than liability arising out of an act of omission of Seller, and shall indemnify and hold Seller harmless from all liability arising out of acts or omissions of CSTE, its employees and agents. B. Seller assumes all risk of liability with respect to its performance of any activity relating to this project, other than liability arising out of any act or omission of CSTE, to the extent permitted by state law. Article XIV – Nondiscrimination and Affirmative Action Seller shall comply with all applicable state and federal regulations, executive orders and legislation concerning non-discrimination, equal opportunity, or affirmative action, and that, whenever required, valid assurances of compliance are on file with the cognizant enforcement agency. Whenever applicable, the above statement of certification includes, but is not necessarily limited to, the following acts: • Title IV of the Civil Rights Act of 1964 • Executive order 11246, “Equal Employment Opportunity,” as amended by E.O. 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor • Title VII of the Civil Rights Act of 1964 as amended by the EEO Act of 1972 • Section 504 of the Rehabilitation Act of 1973 • The Age Discrimination Act of 1975, as amended • Affirmative Action Obligations of Contractors and Subrecipients for Disabled Veterans and Veterans of the Vietnam Era, Sub-part A, Paragraph 60-250.4 • Title IX of the Higher Education Act of 1972 Article XV – Seller Certifications A. Debarment and Suspension Seller certifies to the best of its knowledge and belief that it is not presently debarred, suspended, or proposed for debarment or declared ineligible for the awards of Contracts, by any Federal Agency, in accordance with OMB Guidelines (53 FR19161-19211). B. Certification of Non-Delinquency of Federal Debt Seller certifies that it is in compliance with the Non-Delinquency on Federal Debt criteria, in accordance with OMB Circular A-129. C. Certification of Drug-Free Workplace Seller certifies that it has implemented appropriate policy in accordance with the Drug-Free Workplace Act of 1988, 45 CFR, Part 76, Subpart F. D. Certification Regarding Lobbying Seller certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid, by or on behalf of Seller, to any person or organization for influencing or attempting to influence an officer or employee of a Federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. E. Conflicts of Interest Seller certifies that it has established Conflict of Interest Policy that complies with all requirements, rules and principles of 60 FR 35810, Part III incorporated herein by reference. F. Misconduct in Science Seller certifies that it has established as defined in Article VII B, administrative policies as required by 42 CFR Part 50, Subpart A. Article XVI – Changes This Agreement may be modified or amended if an amendment is made in writing and signed by both parties. Article XVII – Retention and Access to Records Recipient shall retain records pertinent to this project for 3-years after the end of the project unless any litigation, claim, financial management review, or audit is started before the expiration of the 3-year period. In the case of any of these actions, records shall be retained until all actions have been resolved. Recipient agrees to provide CSTE, the Comptroller General of the United States, and if appropriate, the State, through their duly authorized representative, access to and the right to examine all records, books, papers, or documents which are related to this project. Article XVII – Debt Collection HHS Claims Collection Regulations (45 CFR Part 30, Subpart B), provides for interest and penalties on all delinquent debts and will be applicable to this Agreement if debt collection becomes necessary. Article XIX – Smoke-Free Workplace Recipient agrees to provide a smoke-free workplace and promote the nonuse of tobacco products. Workplace is defined to mean office space (including private offices and other workspace), conference or meeting rooms, corridors, stairways, lobbies, rest rooms, cafeterias, and other public space. Article XX – Financial Audit Recipient is subject to audit requirements as set forth in 45 CFR Part 74.26. Article XXI – Confidentiality Both parties acknowledge that during the course of this Agreement, each may obtain l information regarding the other party’s business. The Seller shall treat all such information, and disclose any information to CSTE, consistent with its requirements and obligations under the Minnesota Government Data Practices Act, Minnesota Statutes Section 13. Article XXII – Severability If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Article XXII - Warranty Seller shall provide that any services provided under this Agreement will meet, or exceed, the local standard of similar service providers in the community. Further, any products provided under this Agreement shall meet the merchantability standards and meet fitness standards for the intended purpose. IN WITNESS WHEREOF, the parties have caused these presents to be executed in duplicate. ___________________________ ____________________________ Jeffrey Engel, MD Denny Barney Date Executive Director Chairman Council of State and Maricopa County Board of Supervisors Territorial Epidemiologists Attachment 1: Statement of Work New Mexico Department of Health Epidemiology and Response Division 1. Name: Maricopa County Department of Public Health 2. Method of Selection: Competitive Bid 3. Period of Performance: October 28, 2017 – June 30, 2017 MCDPH will receive the amount of $14,883.00 for the completion of all deliverables described below. The Award amount is contingent upon satisfactory compliance with the scope of work and available funds. 4. Scope of work: Maricopa County Department of Public Health shall be responsible for the collection, analysis and reporting of 14 of the Recommended CSTE Substance Abuse and Mental Health Indicators result in the following deliverables: Deliverables TASK DELIVERABLES DUE DATE 1 Collect and analyze 2014 Summary and data tables 6/30/2017 data for CSTE Substance regarding progress and final Abuse and Mental Health results of analysis. (SA/MH) Indicators Written comments in track changes to the indicator documents where appropriate 2 Provide a final report of Summary report communication 6/30/2017 SA/MH indicators in to the CSTE national office that Maricopa County (2014) includes: 1. Ease of completing each Provide an evaluation report indicator (including a time that evaluates the utility of estimate and data the SA/MH indicators in acquisition remarks) MCDPH 2. Perceived usefulness of the proposed substance abuse and behavioral health indicator 3. Likelihood of these indicators being adopted by local health department 3 Develop an interactive Include updates on staff 6/30/2017 dashboard to visually training(s) for tableau and display SA/MH indicators progress on development in mid (Tableau) project cycle conference call with CSTE 4 Disseminate Project Participation in follow up 6/30/2017 Findings conference call with CSTE and relevant workgroups to discuss broader implications of results on STLT behavioral health surveillance. 4. CSTE responsibilities: During the established project period, CSTE will: a. Serve as the Seller’s principal point of contact. b. Facilitate work and provide avenues for communication between Seller and stakeholders. c. Monitor the terms of the Agreement. d. Provide payment according to the terms of the Agreement. 5. Seller responsibilities: During the established project period, Seller will: a. Accomplish the objectives and deliverables listed in this Statement of Work. b. Provide written progress reports and invoices to CSTE as required in the Agreement. c. Be available through multiple avenues for feedback and discussion (conference calls, email, etc.) on a regular basis and as needed. 6. Methods of accountability Regular communications will occur between the Seller and CSTE via progress reports and other communication via conference call and email as needed. The Seller will be responsible for forwarding to project advisors the written technical and financial reports that are agreed upon as being required under this Agreement or as requested. These reports may include data generated during the reporting period, progress associated with project, timeliness for completion of project, problems associated with the project, and projections and recommendations for the remainder of the project. A final written report as described above will be completed by the project end date. A final invoice will also be required upon the completion of all project deliverables, within 30 days of the Agreement end date.