IGA GOVERNORS OFFICE AZ COLLEGEPREP 9.16.16.PDF
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INTERGOVERNMENTAL AGREEMENT
NO. IGA-SABG-GR-17-070116-08
Between the
STATE OF ARIZONA
GOVERNOR'S OFFICE OF YOUTH, FAITH AND FAMILY
And the
MARICOPA COUNTY EDUCATION SERVICE AGENCY
This Intergovernmental Agreement ("Agreemenn is entered into by and between the State of Arizona,
the Governor's Office of Youth, Faith and Family, located at 1700 West Washington, Suite 230, Phoenix,
Arizona 85007 ("GOYFF" or "State of Arizona") and the Maricopa County Education Service Agency,
located at 4041 N. Central Avenue, #1200, Phoenix, Arizona 85012 ("Maricopa County ESA").
WHEREAS, the United States Department of Health and Human Services provided funding to the
Arizona Department of Health Services under the Substance Abuse Block Grant ("SABG"). The SABG
is administered through the Substance Abuse and Mental Health Services Administration of the United
States Department of Health and Human Services.
WHEREAS, the Arizona Department of Health Services provided Substance Abuse Block Grant Funding
to the Governor's Office of Youth, Faith and Family under Interagency Service Agreement No.
HS632006.
WHEREAS, A.R.S. §41-101.01 authorizes the Governor's Office of Youth, Faith and Family to execute and
administer agreements and accept and expend any funds received from the federal government or any agency
thereof.
WHEREAS, A.R.S. §11-952 authorizes public agencies to enter into agreements to contract for services.
WHEREAS, A.R.S. §15-301 authorizes the Maricopa County ESA to enter into agreements with other
governmental entities and agencies in order to receive and spend local, state and federal monies to
provide programs and services to school districts, charter schools, county free library districts, and
municipal libraries within the county.
THEREFORE, in consideration of the mutual promises and covenants contained herein and other good
and valuable consideration, the receipt of which the parties hereby acknowledge, the parties enter into this
Agreement as follows:
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to provide a SABG cost-reimbursement grant award to the Maricopa
County ESA as pass-through funding to the Arizona College Preparatory School for implementation of
the Healthy Families-Healthy Schools Pilot Program.
Agreement No. IGA-SABG-GR-17-070116-08 Page 1 of 5
IL TERM OF AGREEMENT, TERMINATION AND AMENDMENTS
The term of the Agreement shall commence July 1, 2016, and shall remain in effect until January
31, 2017, contingent upon GOYFF's receipt of final federal SABG funding, unless terminated,
canceled, or extended as otherwise provided herein.
Either party may terminate this Agreement at any earlier time by providing written notice to the
other party at least thirty (30) days prior to the termination date. The GOYFF agrees that
regardless of its termination date with the Maricopa County ESA, the Maricopa County ESA may
use the funds distributed under this Agreement to pay for any unpaid services pursuant to this
Agreement obligated prior to the date of termination. This Agreement is subject to cancellation
pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein.
Amendments to this Agreement shall be made in writing and signed by both parties.
In. DESCRIPTION OF SERVICES
The Maricopa County ESA shall:
1. Provide oversight on the Arizona College Preparatory School's Healthy Families-Healthy
Schools Pilot Program ("Program") in accordance with Attachment A, (entitled Scope of
Work, incorporated into this Agreement in its entirety); Attachment B (entitled Federal
Terms and Conditions, incorporated into this Agreement in its entirety); and Attachment
C, (entitled SAMHSA Incentives, incorporated into this Agreement in its entirety).
2. Use the SABG grant award as pass-through funds to the Arizona College Preparatory
School to support the Program.
3. Assist the Arizona College Preparatory School and the Governor's Office of Youth, Faith
and Family ("GOYF'F") with the submission of programmatic reports and program
invoices.
4. Warrant that Attachment C, (entitled SAMIISA Additional Directives, incorporated into
this Agreement in its entirety), has been distributed, read, and understood by the Arizona
College Preparatory School Program Administrators. This federal grant requirement may
be located at http://www.samhsa.gov/grants/grants-mariagement/poIicies-
reg,ulations/additional-directives. The directive informs grant recipients to build all non-
cash incentives of minimal cash value into the program design. The directive states that
incentives should be the minimum amount necessary to meet the program and evaluation
goals of the grant. Examples include food, prizes, small gifts or a combination thereof
that will not exceed $30 per participent.
W. REPORTING REQUIREMENTS
The Maricopa County ESA shall submit invoices and programmatic reports detailing all services
rendered in accordance with this Agreement on a monthly basis. The reporting deadlines are:
e October 15, 2016
O January 31, 2017
Agreement No. IGA-SABG-GR-17-070116-08 Page 2 of 5
V. MANNER OF FINANCING
The GOYFF shall:
Provide no more than $29,127 to the Maricopa County ESA, for costs associated with the
activities listed in (i) Section HI of this Agreement; (ii) Attachment A, (entitled Scope of
Work, incorporated into this Agreement in its entirety); (iii) Attachment B (entitled
Federal Terms and Conditions, incorporated into this Agreement in its entirety); and (iv)
Attachment C, (entitled SAMHSA Incentives, incorporated into this Agreement in its
entirety).
2. Provide payment upon receipt and approval of the invoices for services performed or
goods received.
The Maricopa County ESA shall:
I. Use the SABG funds received from GOYFF exclusively to support the activities outlined
in (i) Section 111 of this Agreement; (ii) Attachment A, (entitled Scope of Work,
incorporated into this Agreement in its entirety); (iii) Attachment B (entitled Federal
Terms and Conditions, incorporated into this Agreement in its entirety); and (iv)
Attachment C, (entitled SAMHSA Additional Directives, incorporated into this
Agreement in its entirety).
2. Agree that all reimbursement of in-state travel expenses shall be paid only in accordance
with the Domestic Per Diem rates allowed under the State of Arizona Travel Policy, and
the prevailing State of Arizona standard mileage rates, located at
littps://gao.az.gov/travel/welcome-gao-travel . There shall be no reimbursement of out-of-
state travel expenses.
3. All questions regarding the appropriate use of the SABG funds shall be resolved by
mutual written agreement between the Cochise County School Superintendent's Office
and the GOYFF.
VI. DOCUMENTS INCORPORATED BY REFERENCE
The State of Arizona's Uniform Terms and Conditions V9 — (Rev 7-1-2013) are incorporated into this
document as if fully set forth herein. Copies of the Uniform Terms and Conditions may be accessed at
littps://spo.az.gov/sites/default/files/documents/files/Uniform%20Tenns%20and_%20Conditions%20V9
%28Rev%207-1-2013%29.pdf. The Maricopa County ESA warrants that it has read and understands
the Uniform Terms and Conditions V9 (Rev 7-1-2013) and agrees to be bound by them in their
entirety. In the event of any divergence between this Agreement and the Uniform Terms and
Conditions, this Agreement shall control.
VIE NON-AVAILABILITY OF FUNDS
In accordance with A.R.S. § 35-154, every payment obligation of the GOYFF/Arizona Office of
the Governor under the Agreement is conditioned upon the availability of funds appropriated or
allocated for payment of such obligation. If funds are not allocated and available for the
continuance of this Agreement, this Agreement may be terminated by the GOYFF/Arizona Office
of the Governor at the end of the period for which funds are available. No liability shall accrue to
Arizona Office of the Governor in the event this provision is exercised, and the GOYFF/Arizona
Office of the Governor shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
VIII. INDEMNIFICATION
To the fullest extent permitted by law, the Marieopa County ESA shall defend, indemnify, and hold
harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers,
Agreement No. IGA-SABG-GR-17-070116-08 Page 3 of 5
officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all
claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs
of claim processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury
or personal injury (including death), or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the Maricopa
County ESA or any of its owners, officers, directors, agents, employees or subcontractors. This
indemnity includes any claim or amount arising out of or recovered under, the Workers' Compensation
Law or arising out of the failure of such the Maricopa County ESA to conform to any federal, state, or
local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties
that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful
acts or omissions of the Indemnitee, be indemnified by the Maricopa County ESA from and against any
and all claims. It is agreed that the Maricopa County ESA will be responsible for primary toss
investigation, defense, and judgment costs where this indemnification is applicable. In consideration of
the award of this Agreement, the Maricopa County ESA agrees to waive all rights of subrogation
against the State of Arizona, its officers, officials, agents, and employees for losses arising from the
work performed by the Maricopa County ESA for the State of Arizona.
This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission
or university of the State of Arizona.
IX. INSURANCE
The Maricopa County ESA is a public entity and shall provide a certificate of self-insurance.
X. OTHER
It is agreed that the parties to this Agreement have participated fully in the negotiation and preparation
of the Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in interpreting this Agreement. The parties acknowledge they have been
advised by counsel, or have had the opportunity to be advised by counsel, in the negotiation and
execution of the Agreement.
The parties agree to follow all applicable laws, rules and regulations in the performance of work in
furtherance of the Substance Abuse Block Grant initiative and this Agreement.
XL NOTICES
The Maricopa County ESA shall address all notices relative to this Agreement to:
Deborrah Miller
Special Projects Manager
Governor's Office of Youth, Faith and Family
1700 West Washington, Suite 230
Phoenix, Arizona 85007
The GOYFF shall address all notices relative to this Agreement to:
Marc Kuffner
Associate Superintendent for Economic Management
Maricopa County Education Service Agency
4041 N. Central Avenue, #1200
Phoenix, Arizona 85012
Agreement No. IGA-SABG-GR-17-070116-08 Page 4 of 5
IN WITNESS WHEREOF, the parties hereto agree to execute this Agreement.
MARICOPA COUNTY GOVERNOR'S OFFICE OF YOUTH,
BOARD OF SUPERVISORS FAITH AND FAMILY
Clint Hickman Date Debbie Moak Date
Chairman, Maricopa County Board Director
of Supervisors
Travis Price Date
Compliance Finance and Procurement Manager
Office of the Governor
Agreement No. IGA-SABG-GR-17-070116-08 Page 5 of 5
A ACHMENT A
Scope of Work:
Arizona College Preparatory will;
1. Accept and manage the grant funds provided by GOYFF to the County School Superintendent's
Office to host the event(s) based on size of 7 th grade enrollment. Event participation maximum
capacity is 150 participants. Below are sample event attendance:
L 50 students and 100 parents/caregivers
ii.60 students and 90 parents/caregivers
75 students and 75 parents/caregivers*
*Every student will be accompanied by a parent/caregiver
2. Select and pay a qualified and interested staff person to serve as the Healthy Families Program
Coordinator (percentage of FTE to be determined by the school). See attached job description.
3. Healthy Families Program Coordinator will remain a family resource at the school who can direct
students and/or parents throughout the school year to:
i. www.substanceabuse.az.gov
ii. Community Coalitions/Non-profit organization available in their area
4. Identify and select an adequate number of school staff to be trained and serve as Healthy
Families coaches for the event(s), See attached Job Description.
i. Contract Services should be provided for a minimum (2) coaches at schools
offering 1 event at the school site. (Not to exceed $30,000.00)
ii. Contract Services should be provided for a minimum (3) coaches at schools
offering 2 events at the school site. (Not to exceed $35,000.00)
5. Contract Services funding may be provided for staff coaches to participate in the event and
attend one-day training for the program in July — August 2016.
6. Contract Services funding may also be provided for preparation activities and logistic associated
with the event by staff coaches and peer leaders.
7. Identify and select an adequate number of youth peer leader(s) ages 18-30 to help facilitate the
youth workshop and the youth-parent planning sessions of the evening. See attached Job
Description.
i, Contract Services should be provided for a minimum (2) peer leaders at schools
offering 1 event at the school site.
ii. Contract Services should be provided for a minimum (3) peer leaders at schools
offering 2 events at the school site.
8. Collaborate with ASU-Southwest Interdisciplinary Research Center (SIRC) to conduct all required
evaluation activities.
DRAFT OF REIMBURSABLE BUDGET —Arizona College Preparatory - providing 1 event date
Category Description Amount
Personnel School Coordinator .25% @ $50,000 $7,292.00
,. ($50,000 x .25316.X_Tmonths ---.- $7,292.00)
Point of contact for the Middle School and
oversight for the pilot program. - Liaison to the
County Superintendent. —
Fringe/ERE Employee related expenses are approximately 30% $2,188,00
of the salaries including health benefits
Contracted Services Facilitators and speaker fees for (1} day training, $6,000.00
(1) event all preparation activities and logistics
associated: Adult (2) and Youth (2). Child Care, if
needed,
Supplies Program materials - printed materials, copy paper, $4,000.00
envelopes, note pads, file folders, pens, pencils,
markers, binder clips, postage, internet and cell
phone.
Facilities Event Costs, School Auditorium, Gym, Cafeteria $3,000,00
Travel Vehicle rentals for students/parents for event $4,000.00
transportation
Sub-Total $26,479.00
Indirect 10% of Direct Expenses or Federally Approved $2,648.00
Indirect Rate
Total Project Costs $29,127.00
ATTACHMENT B
FEDERAL TERMS AND CONDITIONS
I. KEY PERSONNEL
It is essential that the Maricopa County ESA train and provide adequate, experienced personnel,
capable of and devoted to the successful accomplishment of projects that may be performed under
this Agreement. The Maricopa County ESA must agree to assign experienced individuals to project
positions.
A. The Maricopa County ESA agrees that, once assigned to work on a project under this
Agreement, key personnel should not be removed or replaced without prior written notice to
the GOYFF.
B. If key personnel are not available for work on a specific project, for a continuous period
exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the
work than initially anticipated, the Maricopa County ESA shall immediately notify the
GOYFF Program Administrator and shall, subject to the concurrence of the GOYFF, replace
such personnel with personnel of substantially equal ability and qualifications.
C. The Maricopa County ESA shall assign specific individuals to the key programmatic and
fiscal positions and other changes to key personnel, specifically the Maricopa County ESA's
SABG Coordinator must be reported on or before the effective date of such change to the
GOYFF.
IL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT ("11TPAA") OF
1996
A. The Maricopa County ESA warrants that it is familiar with the requirements of FAA, as
amended by the Health Information Technology for Economic and Clinical Health Act
("HITECH ACT") of 2009, and accompanying regulations and will comply with all
applicable I-IIPAA requirements in the course of this Agreement. Maricopa County ESA
warrants that it will cooperate with the GOYFF in the course of performance of the
Agreement so that both GOYFF and the Maricopa County ESA will be in compliance with
HIPAA, including cooperation and coordination with the Arizona Department of
Administration-Arizona Strategic Enterprise Technology ("ADOA-ASET") Office, the
ADOA-ASET Arizona State Chief Information Security Office and IIIPAA Coordinator and
other compliance officials required by HIPAA and its regulations. The Maricopa County
ESA will sign any documents that are reasonably necessary to keep GOYFF and the
Maricopa County ESA in compliance with HIPAA, including, but not limited to, business
associates agreements.
B. If required by the GOYFF, the Maricopa County ESA agrees to sign a "Pledge to Protect
Confidential Information" and to abide by the statements addressing the creation, use and
disclosure of confidential information, including information designated as protected health
information and all other confidential or sensitive information as defined in policy. In
addition, if requested, the Maricopa County ESA agrees to attend or participate in HIPAA
training offered by the GOYFF or to provide written verification that the Maricopa County
ESA has attended or participated in job related 1-IPAA training that is (1) intended to make
the Maricopa County ESA proficient in FITPAA for purposes of performing the services
required and (2) presented by a HIPAA Privacy Officer or other person or program
knowledgeable and experienced in HIPAA and who has been approved by the ADOA-ASET
Arizona State Chief Information Security Officer and HIPAA Coordinator.
Agreement No. IGA-SABG-GR46-040116-08 Page 1 of 2
III. AGREEMENT RENEWAL
The Agreement shall not bind nor purport to bind the GOYFF for any contractual commitment in excess of
the original Agreement period or amount. The GOYFF shall have the right, at its sole and unfettered
discretion, whether or not to extend this Agreement. lf so, the parties must execute a written amendment or
a new contract. Consideration for renewal will also be based on results of program and fiscal monitoring.
FUND MANAGEMENT
The Maricopa County ESA must maintain funds received under this Agreement in separate ledger accounts
and cannot mix these funds with other sources. The Maricopa County ESA must manage funds according to
applicable federal regulations for administrative requirements, cost principles and audits.
The Maricopa County ESA must maintain adequate business systems to comply with federal requirements.
The business systems that must be maintained are:
O Financial Management
O Procurement
• Personnel
O Property
O Travel
A system is adequate if it is: 1) written; 2) consistently followed - it applies in all similar circumstances; and
3) consistently applied — it applies to all sources of funds. The GOYFF reserves the right to review all
business systems policies.
V. DUNS/CCR
Each successful recipient who is awarded funding must provide the following prior to an Agreement being
executed: (a) Dun and Bradstreet Universal Numbering System (DUNS) number for the fiscal agent; and
(b) proof of current registration in the Central Contractor Registration (CCR) database. Additionally, CCR
registration must be maintained for the term of the Agreement. The DUNS website is located at
http://fedgov.dnb.com/webforrn . The CCR registration information may be found at
https://www.sam.gov/portal/public/SAMJ.
VI. FFATA REPORTING REQUIREMENTS
The Maricopa County ESA is required to provide certain information pursuant to the Federal Funding
Accountability and Transparency Act of 2006 reporting requirements (Pub. L. No. 109-282, as amended by
Section 6205 (a) of Pub. L. No. 110-252) "FFATA"). FFATA requires that certain information on federal
awards (federal financial assistance and expenditures) be made available to the public via a single,
searchable website, which is www.USASpending.gov .
Agreement No. IGA-SABG-GR-16-040116-08 Page 2 of 2
AttachnriTh C
Auditional Directives
An grantees must abide by the Trafficking Victims Protection Act, follow funding prohibitions against ACORN, and
review SAMHSA's incentive policies.
Trafficking Victims Protection Act of 2000
The Trafficking Victims Protection Act of 2000 is a comprehensive federal law that was enacted to protect victims of
trafficking or to prosecute their traffickers.
All SAMHSA grantees are required to abide by the award term that implements Section 106 (g) of the Trafficking
Victims Protection Act of 2000, as amended (22 USC 7104). The award term is now located at 2 CFR Part 175.
Association of Community Organizations for Reform Now (ACORN)
In accordance with guidance provided by the Department of Health and Human Services, funding prohibitions
regarding the Association of Community Organizations for Reform Now (ACORN) and related entities remain in
effect pending further litigation as to ACORN's First Amendment and due process claims.
All SAMHSA grantees are required to abide by these prohibitions.
Incentives
"Incentives" refer to any monetary or service benefit that you provide to program participants to attract and retain
them in the service or prevention program. The dictionary defines "incentive" as "something that encourages or
motivates somebody to do something."
SAMHSA discretionary grant funds may be used for non-cash incentives.
Only Non-Cash Incentives Before and After Programs
Non-cash incentives to participants in treatment and prevention programs are essential to retain individuals and to
encourage attendance and attainment of treatment or prevention goals. You must build all the non-cash incentives
into the program design, and they should be of minimal cash value. Examples include food, prizes, and small gifts.
Do not use discretionary grant funds to make direct cash payments to individuals during the treatment or
prevention program.
SAMHSA policy supports the appropriate, judicious, and conservative use of incentives in discretionary grant
programs. Incentives should be the minimum amount necessary to meet the program and evaluation goals of the
grant, up to $30. You should determine the minimum amount to be effective as follows:
Before the Program: You may not use discretionary grant funds to make direct payments to individuals to induce
them to enter treatment or prevention programs.
During the Program: You may use discretionary grant funds for "wrap-around services" (non-clinical supportive
services) that intend to:
• Improve an individual's access to and retention in treatment that is deemed essential to meeting program
goals as they relate to the target population
• Improve access to and retention in prevention programs
• Meet abstinence benchmarks
Cash Incentives Only in Follow-Up
After the program: Center for Mental Health Services (CMHS) and Center for Substance Abuse Treatment (CSAT)
practice allows for discretionary grant funds to pay individuals to participate in required data collection follow-up.
The Center for Substance Abuse Prevention (CSAP) has not established practices related to payment for follow-up
data collection.
Last Updated: 10/23/2014