IGA RE TEEN PREGNANCY PREV PRGM WITH ASU.PDF
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INTERGOVERNMENTAL AGREEMENT MARICOPA COUNTY by and through the DEPARTMENT OF PUBLIC HEALTH 4041 N. Central Avenue, #1400, Phoenix, Arizona 85012 1. Agreement No: C-86-16 2. Agreement Type: Fee-for-Service 3. Agreement Amount: _$50,000 4. Purpose: Teen Pregnancy Prevention Program 5. Start Date: July 1, 2015 6. Expiration Date: June 30, 2016 This Agreement is entered into by and between the Arizona Board of Regents, a body corporate (ABOR), for and on behalf of Arizona State University (ASU) (referred to herein as “Contractor”), and Maricopa County, by and through its Department of Public Health (MCDPH) (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: ORSPA - ASU Phone (480 ) 965-1427 Address: P.O. Box 876011, Tempe, AZ 85287-6011 Notice to Department: MCDPH Grants/Contract Unit Phone: (602) 372-0675 Address: 4041 North Central Avenue, Ste #1400, Phoenix, Arizona 85012 IN WITNESS WHEREOF, the parties enter into this Agreement: ARIZONA BOARD OF REGENTS, a body corporate, for MARICOPA COUNTY BOARD OF SUPERVISORS and on behalf of Arizona State University Signature Signature Name Heather Clark Name Associate Director, Research Title Administration 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 Date Date 1 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. 6. RETENTION OF RECORDS 2 SECTION I GENERAL PROVISIONS 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, 3 SECTION I GENERAL PROVISIONS decrease, or terminate its obligations under or in connection with this Agreement. If this Agreement is terminated, the County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Agreement. The County shall give written notice of the effective date of any suspension, amendment, or termination under this section at least ten (10) days in advance. 11. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS 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. 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. 13. 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 health or welfare of a patient is endangered or the Contractor’s non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, this Agreement will terminate upon the expiration date of this Agreement as stated on the Cover Page of this Agreement. 14. SEVERABILITY 4 SECTION I GENERAL PROVISIONS Any provision of this Agreement that is determined to be invalid, void, or illegal by a court shall in no way affect, impair, or invalidate any other provision hereof, and the remaining provisions shall remain in full force and effect. 15. STRICT COMPLIANCE Acceptance by the County of performance that is not in strict compliance with the terms of this Agreement shall not be deemed to waive the requirement of strict compliance for all future performance. All changes in performance obligations under this Agreement must be in writing and signed by the Parties. 16. NON-LIABILITY 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. 17. INDEMNITY Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as “Indemnitee”) from and against all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) (hereinafter collectively referred to as “Claims”) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims, which result in vicarious liability to Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of Indemnitor, its officers, agents, employees, or volunteers. 18. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or entity has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. 19. SAFEGUARDING CLIENT INFORMATION The use or disclosure by any Party of any information concerning an eligible individual served under this Agreement is directly limited to the performance of this Agreement. 20. RIGHTS IN DATA The Parties shall have the use of data and reports resulting from this Agreement without cost or other restriction, except as otherwise provided herein or by law. Each Party shall supply to the other Party, upon request, any available information known to the supplying Party that is relevant to this Agreement and to the performance hereunder. 21. NON-DISCRIMINATION The Contractor, in connection with any service or other activity under this Agreement, 5 SECTION I GENERAL PROVISIONS 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. 22. 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.). 23. RIGHT OF PARTIAL CANCELLATION If more than one activity is funded by this Agreement, the County reserves the right to terminate this Agreement or any part thereof based on the Contractor's failure to perform any part of this Agreement without impairing, invalidating or canceling the remaining Work Statement obligations. 24. RIGHT TO EXTEND AGREEMENT Subject to the availability of funds and acceptable Contractor performance, the Contractor hereby acknowledges and agrees that the County shall have the right to extend this Agreement for additional one-year periods, not to exceed a total extended term of five (5) years, except that the cost will be subject to renegotiation. Any extension of this Agreement shall be in writing mutually acceptable to the Department and the Contractor and signed by both Parties. 25. 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 6 SECTION I GENERAL PROVISIONS 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. 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. 26. 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. 27. DISPOSITION OF PROPERTY All property acquired with funds provided for in this agreement shall become the property of the funding source. 7 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: 1. 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. 2. The person administering this Agreement or the Procurement Officer, as applicable, shall respond in writing to the dispute within fourteen (14) days. 3. 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. CHANGES A. The Department may, at any time, by written order, make changes within the general scope of this Agreement in any one or more of the following areas: 1. Work Statement activities reflecting changes in 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/or program budgets. B. The order will not increase or decrease the maximum reimbursable amount to be paid the Contractor. Additionally, the order will not direct substantive changes in services to be rendered by the Contractor. C. Any dispute or disagreement caused by such order shall constitute a "Dispute" within the meaning of the Disputes Clause of the Special Provisions of this Agreement and shall be administered accordingly. 4. AUDIT REQUIREMENT 8 SECTION II SPECIAL PROVISIONS A. If the Contractor expends $500,000 or more in a year in federal awards, the Contractor shall have a single audit conducted for that year according to the Single Audit Act of 1984 (Pub. L. No. 98-502) (codified at 31 U.S.C. §§ 7501, et seq.), and the Single Audit Act Amendments of 1996 (Pub. L. No. 104-156). The Contractor shall comply with OMB Circulars A-133, A-87, A-102, and A-110, as applicable. The audit report shall be submitted to the County for review within nine (9) months following the close of the fiscal year. The Contractor shall take any necessary corrective action to remedy any material weaknesses and/or reportable conditions identified in the audit report within six (6) months after the release date of the report. The County may consider sanctions as described in § .225 of OMB Circular A-133 for contractors not in compliance with the audit requirements. All books and records shall be maintained in accordance with Generally Accepted Accounting Principles (GAAP). B. The Contractor shall schedule an annual financial audit to be submitted to the County for review within twelve (12) months following the close of the program’s fiscal year. Contractor understands that its failure to meet this requirement may result in the loss of current funding and disqualification from consideration for future County-administered funding. C. Comply with the requirement of the Federal Office of Management and Budget (“OMB”) Circular A-133. The Contractor is responsible for having an audit performed in accordance with, and when required, by OMB Circular A-133, and for sending a copy of the report issued as a result of the audit to the County within thirty (30) days of issuance. The County reserves the right to engage an auditor, at the Contractor’s expense, to perform an OMB Circular A-133 audit of the Contractor in the event that the Contractor fails to engage an auditor or the County rejects or disapproves of the auditor engaged by the Contractor. 5. 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. 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: 9 SECTION II SPECIAL PROVISIONS 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. 6. SPECIAL REQUIREMENTS A. If the use of subcontractors is approved by the County, the Contractor agrees to use written subcontracts or consultant agreements that conform to federal and State laws and regulations and the requirements of this Agreement appropriate to the service or activity covered by the subcontract. These provisions apply with equal force to the subcontract as if the subcontractor were the Contractor. The Contractor is responsible for performance under this Agreement whether or not any subcontractors are used. The Contractor shall submit a copy of each subcontract to the County within fifteen (15) days of its 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. 7. REPORTING REQUIREMENTS If requested by the County, the Contractor shall submit monthly, quarterly, and annual progress reports on or before the third (3rd) day of the month following the end of the reporting period. In addition, a quarterly expenditure report will be submitted with the quarterly progress report. 10 SECTION II SPECIAL PROVISIONS 8. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST 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 is a consultant to any other Party to this Agreement with respect to the subject matter of this Agreement. In addition, 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. 9. 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. 10. 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. 11. SPONSORSHIP ACKNOWLEDGMENT All promotional materials, brochures, and flyers prepared by the Contractor shall include the following statement, “Sponsored by Maricopa County Department of Public Health.” 11 SECTION III WORK STATEMENT 1. BACKGROUND Monies supporting this Agreement are funded through Federal Catalog of Federal Domestic Assistance CFDA # 93.297. These monies are a direct Federal grant provided to Maricopa County by and through its Department of Public Health (MCDPH) by U.S. Department of Health and Human, Public Health Service, Office of Grants Management,, Grant No. 1 TPIAH000129-01-00, Maricopa County Teen Pregnancy Prevention Capacity Building (Tier 1 A). OMB Circular A-133 Subpart D §__.400 requires that all sub recipients of federal funds are informed of the Catalog of Federal Domestic Assistance (CFDA) title and number, award name and number, and the name of federal agency. All Federal grant regulations for this CFDA number apply to the administration of these funds. 2. PURPOSE The Maricopa County Department of Public Health (MCDPH) through its Office of Health Promotion and Education (OHPE) proposes to decrease the teen birth rate in Maricopa County. This project will impact the teen birth rate by building the capacity of established youth-serving organizations to provide quality, evidence-based teen pregnancy prevention programming (TPP). The project consists of two primary strategies: (1) targeted capacity building assistance (CBA) to at least six youth-serving organizations within two separate cohorts and (2) the establishment of a community of practice focused on teen pregnancy prevention. For its part, Contractor will oversee the overall evaluation of the process for providing CBA to youth-serving organizations, work with MCDPH in addressing training and technical assistance needs in the areas of data collection, fidelity and evaluation based on assessment results and action plans. Furthermore, the Contractor will assist MCDPH in evaluation of the MCDPH Teen Pregnancy Prevention Community Advisory Board (CAB), Community of Practice (CoP) using appropriate methods protocols. 3. RESPONSIBILITIES OF THE CONTRACTOR Contractor shall provide the following: Specific areas of work include the following: A. Creating or modifying data collection tools for organizations receiving CBA. B. Training staff and agencies receiving CBA on data collection and data entry, analyzing data, writing reports and presenting program results. C. Pre-post and fidelity and enter data into RTI database and report writing. D. Meet monthly or quarterly with MCDPH Project Director as requested. E. Work with the selected organizations to ensure the performance measures are collected and to help them evaluate the success of their efforts to replicate the evidence-based programs. This may include assessing the implementation of the evidence-based TPP program (i.e., reach, participant attendance, fidelity, implementation quality, adaptations), outcomes of the program (i.e., outcome objectives, participant satisfaction, reception of the community to the program, facilitator experience), and lessons learned. 12 SECTION III WORK STATEMENT F. Document the process of developing and implementing CBA strategies that TBH and MCDPH offer and will identify key successes, risks and challenges, and lessons learned based on the analysis of performance measures, results of the capacity assessment tools, feedback from participating organizations. Train MCDPH staff in conducting social network analysis, most likely using the PARTNER tool. G. Oversee the development of the implementation evaluation report by the end of the five-year project period. The report will include several topics such as the planning process and process for selecting organizations; implementation including staff, what CBA was offered and challenges; outcomes including goals of the CBA or barriers; and lessons learned. Further, recommendations and conclusions will be included in the overall report. H. All partners will assist in disseminating evaluation results and lessons learned throughout the project. No potential obstacles to collecting performance measure data and conducting evaluation activities are anticipated as the applicants are current grantees and have robust procedures in place to ensure full compliance with collecting and reporting all data. 4. RESPONSIBILITIES OF THE COUNTY The County shall provide the following: A. Provide access to the organizations receiving CBA so that the Contractor can collect data, create reports and provide training. B. Provide access to the agencies participating in the CAB and the CoP for surveys, focus groups and key informant interviews as appropriate. C. Coordinate meetings between organizations receiving CBA and members of the CoP as well as with other partners of the project. D. Assist with the dissemination of program successes and findings. 13 SECTION IV COMPENSATION 1. COMPENSATION A. The Contractor shall submit a detailed monthly invoice by the 25th of the following month. B. The Department shall, within thirty (30) working days from the date of receipt of Contractor’s invoice, process and remit to the Contractor a warrant for payment. Should the Department make disallowance in the claim, the claim shall be processed to the reduced amount. The Contractor shall be notified at the address below in writing of the amount and reasons for any disallowances, and shall be afforded the opportunity to document the appropriateness of the disallowed costs and to resubmit an invoice for payment. C. Each Party assumes sole and exclusive responsibility for payment of any federal and state income taxes, federal social security taxes, workers’ compensation, and unemployment insurance benefits for its physicians, staff, agents, and employees, as well as any and all other mandatory governmental deductions or obligations. D. The Agreement amount is not-to-exceed $50,000 for Year one (1). The Agreement amount for each year of the subsequent years of the term will be negotiated based on the availability of funds. 2. METHOD OF PAYMENT A. All payment requests/invoices must be on Contractor letterhead and contain a signature, authorizing the reimbursement request. B. The Contractor must maintain and have available upon request supporting documents for each monthly reimbursement request, including invoices of costs incurred and expenditure reports. C. Subject to the availability of funds, the County will, within thirty (30) working days from the date of receipt of documents enumerated herein, process and remit to the Contractor a warrant for payment up to the maximum total allowable for services provided. Should the County make a disallowance in the claim, the claim shall be processed for the reduced amount. If the Contractor protests the amount or the reason for a disallowance, the protest shall be construed as a dispute concerning a question of fact within the meaning of the “Disputes” clause of the Special Provisions of this Agreement. D. 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 (45) days after the expiration date without approval of the County. E. Payments made by the County to the Contractor are conditioned upon the timely receipt of applicable, accurate, and complete invoices submitted by the Contractor. The Contractor forfeits the right to reimbursement for costs incurred in any month for which it fails to meet the deadline for submitting the monthly reports, except if such failure is beyond the reasonable control of the Contractor. The Contractor also forfeits its right to reimbursement for costs incurred in which 14 SECTION IV COMPENSATION a paid invoice or proof of expenditure is non-existent. F. The Contractor shall submit monthly invoices to: Maricopa County Department of Public Health Richard Sandoval 4041 N. Central Avenue, Suite 700 Phoenix, AZ 85012 E-mail: richardsandoval@mail.maricopa.gov 3. PAYMENTS Payments shall be sent to the following addresses: Office for Research and Sponsored Projects Administration Arizona State University PO Box 876011 Tempe, AZ 85287-6011 4. NOTICE Any notice given under this Agreement shall be sent to the attention of the following: Department Contractor Maricopa County Department of Public Health ORSPA Arizona State University Attn: Program Manager 4041 N. Central Avenue, Suite 700 PO Box 876011 Phoenix, AZ 85012 Tempe, AZ 85287-6011 Public Health Grants and Contracts Unit Attn: Grants Administrator 4041 N Central Ave, Suite 1400 Phoenix, AZ 85012 15 ATTACHMENT A – BUDGET (July 1, 2015 – June 30, 2016) ASU – Fixed Price Budget 1. Train staff in social network analysis, $5,000 developing key informant interview and survey questions. 2. Working with agencies in creating or modifying $10,000 data collection tools. 3. Training staff and agencies receiving CBA on $10,000 data collection and data entry, analyzing data, writing reports and presenting program results. 4. Collect performance measure results and report 25,000 bi-annual into OAH system, provide report. TOTAL $50,000 16