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INTERGOVERNMENTAL AGREEMENT NO. IGA-SABG-GR-16-040116-08 Between the STATE OF ARIZONA GOVERNOR’S OFFICE OF YOUTH, FAITH AND FAMILY And the MARICOPA COUNTY EDUCATION SERVICE AGENCY This Intergovernmental Agreement (“Agreement”) 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 specify the responsibilities and procedures for the Maricopa County ESA’s role in the development, coordination, and implementation of Peer/Parent Substance Use Prevention Programming in a county middle school selected by the Maricopa County ESA. Agreement No. IGA-SABG-GR-16-040116-08 Page 1 of 5 II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS The term of the Agreement shall commence April 1, 2016, and shall remain in effect until September 30, 2016, 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. III. DESCRIPTION OF SERVICES The Maricopa County ESA shall: 1. Select and secure participation of one middle school that will include the entire 7th grade student population. 2. Provide the GOYFF with the total number of students in 7th grade. 3. Identify a Project Manager from the Maricopa County ESA staff (“ESA Project Manager”). 4. Ensure that the ESA Project Manager attends the entire training at the middle school site scheduled during July or August, 2016. 5. Ensure the County Superintendent’s attendance at the entire two hour event at the middle school scheduled for September, 2016. 6. Require that the ESA Project Manager maintains regular contact with the middle school Project Coordinator to ensure the school’s grant deliverables are met. 7. Provide services in accordance with this Agreement, which includes Attachment A (entitled Maricopa County Education Service Agency Middle School Pilot Program Budget, incorporated into this Agreement in its entirety) and Attachment B (entitled Federal Terms and Conditions, incorporated into this Agreement in its entirety). IV. 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: May 31, 2016 June 30, 2016 July 31, 2016 August 31, 2016 September 30, 2016 Agreement No. IGA-SABG-GR-16-040116-08 Page 2 of 5 V. MANNER OF FINANCING The GOYFF shall: 1. Provide no more than $20,000 to the Maricopa County ESA, for costs associated with the activities listed in (i) Section III of this Agreement, (ii) Attachment A, entitled Maricopa County Education Service Agency Middle School Pilot Program Budget, incorporated into this Agreement in its entirety and (iii) Attachment B, entitled Federal Terms and Conditions, 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: 1. Use the SABG funds received from GOYFF exclusively to support the activities outlined in (i) Section III of this Agreement, (ii) Attachment A, entitled Maricopa County Education Service Agency Middle School Pilot Program Budget, incorporated into this Agreement in its entirety, and (iii) Attachment B, entitled Federal Terms and Conditions, 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 https://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 Maricopa County ESA 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 https://spo.az.gov/sites/default/files/documents/files/Uniform%20Terms%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. VII. 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 Maricopa County ESA shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, 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 Agreement No. IGA-SABG-GR-16-040116-08 Page 3 of 5 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 loss 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. XI. NOTICES The Maricopa County ESA shall address all notices relative to this Agreement to: Deborrah Miller Special Project 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-16-040116-08 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-16-040116-08 Page 5 of 5