IGA RE TOBACCO USE PREVENTION ROOSEVELT SCHOOL DISTRICT.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-86-14- 2. Agreement Type: Advance
3. Agreement Amount: $34,000 4. Purpose: School Health Implementation Plan
5. Start Date: August 1,2013 6. Expiration Date: May 1,2014
This Agreement is entered into by and between the Roosevelt School District (referred to herein as "Contractor"), and
Maricopa County, by and through its Department of Public Health, Maricopa County Tobacco & Chronic Disease Prevention
(referred to herein after as "County"). Contractor and the County are collectively referred to herein as the "Parties" arid
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: Tree Hale, Medicaid Coordinator Phone: 602-304-317
Address: Roosevelt School District, 6218 S 7 th St, Phoenix, AZ 85041
Notice to Department: MCDPH Grants/Contract Unit Phone: (602) 506- 1829
Address: 4041 North Central Avenue, Ste #1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
CONTRACTOR MARICOPA COUNTY BOARD OF SUPERVISORS
Signature
Name
Title Chairman, Board of Supervisors
Date
ATTEST:
Signature
Clerk of the Board
Date
Pursuant to A.R.S.§ 11-982, the undersigned public agency Pursuant to A.R.S. § 11-952, the Attorney for Maricopa County
attorney has determined that this Intergovernmental Agreement has determined that this Intergovernmental Agreement is within
is in proper form and is within the powers and authority granted the powers and authority granted under the laws of the State of
under the laws of the state of Arizona, Arizona.
Signature Signature
Attorney for Maricopa County
Date .( Date

SECTION I GENERAL PROVISIONS TOBACCO & CHRONIC DISEASE
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 (MCDPH)
and also includes the Maricopa County Tobacco & Chronic Disease Prevention
(MCTCDP).
E. Director means the Director of the Department.
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
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SECTION I GENERAL PROVISIONS TOBACCO & CHRONIC DISEASE
clients, the Contractor shall reimburse the County for the services not adequately
supported and documented.
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
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SECTION I GENERAL PROVISIONS TOBACCO & CHRONIC DISEASE
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 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 priorwritten 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
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SECTION! GENERAL PROVISIONS TOBACCO & CHRONIC DISEASE
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
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
To the extent permitted by law, 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 lndemnitee, 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
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SECTION I GENERAL PROVISIONS TOBACCO & CHRONIC DISEASE
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,
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 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:
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SECTION GENERAL PROVISIONS TOBACCO & CHRONIC DISEASE
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.
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. CIVIL DIVISION REPRESENTATION
The parties to this Agreement may have the option of choosing an attorney with the Civil
Division of the Maricopa County Attorney's Office ("Civil Division"), to act as their
attorney for the purpose of reviewing this Agreement. in doing so, by their signature
below, each party acknowledges that it is aware that the Civil Division may represent
both parties to this Agreement, and each party expressly waives any conflict of interest
created thereby.
27. E-VERIFICATION OF EMPLOYEES
To the extent applicable under ARIZ. REV. STAT. § 41-4401, both parties warrant
compliance with all federal immigration laws and regulations that relate to their
employees and compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-
214(A). A party's or its subcontractors' breach of the above-mentioned warranty shall be
deemed a material breach of this Agreement and may result in the termination of this
Agreement by the non-breaching party. Both parties retain the legal right to randomly
inspect the papers and records of the other party or its subcontractor employee who
work on this Agreement to ensure that the party and its subcontractors are complying
with the above-mentioned warranty.
28, WORKERS COMPENSATION
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SECTION GENERAL PROVISIONS TOBACCO & CHRONIC DISEASE
An employee of one party shall be deemed to be an "employee" of both public agencies
while performing pursuant to this Agreement solely for purposes of A.R.S.§ 23-1022 and
the Arizona Workers' Compensation laws. The primary employer shall be solely liable
for any workers' compensation benefits, which may accrue. Each party shall post a
notice pursuant to the provisions of A.R.S. § 23-1022 in substantially the following form:
"All employees are hereby further notified that they may be required to work under the
jurisdiction or control or within the jurisdictional boundaries of another public agency
pursuant to an intergovernmental agreement or contract, and under such circumstances
they are deemed by the laws of Arizona to be employees of both public agencies for the
purposes of worker's compensation."
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SECTION II SPECIAL PROVISIONS TOBACCO & CHRONIC DISEASE
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.
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
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SECTION 11 SPECIAL PROVISIONS TOBACCO & CHRONIC DISEASE
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, at
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.
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.
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SECTION II SPECIAL PROVISIONS TOBACCO & CHRONIC DISEASE
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.
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. The Contractor shall adhere to all applicable requirements of the Arizona
Department of Health Services Tobacco & Chronic Disease Prevention.
B. 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 regulation§ 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.
C. 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.
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SECTION II SPECIAL PROVISIONS TOBACCO & CHRONIC DISEASE
7. PROGRAM EVALUATION
The Contractor agrees to actively incorporate into its program design process
evaluation/assessment implemented by the Arizona Department of Health Services and
MCTCDP to evaluate the effectiveness of Tobacco Use Prevention Programs in
Maricopa County. MCTCDP will provide training and technical assistance.
8. 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.
9. 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.
10. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Pursuant to A.R.S. § 38-511, both parties may cancel this Agreement without penalty or
further obligation, within three years after execution of this Agreement, if any person
significantly involved in the initiating, negotiating, securing, drafting or creating this
Agreement on behalf of the County or the Contractor is, at any time while this
Agreement or any extension of this Agreement is in effect, an employee or agent of the
other Party to this Agreement in any capacity or a consultant to any other Party to this
Agreement with respect to the subject matter of this Agreement. In addition, either Party
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 or the Contractor from any other Party to this Agreement arising as a result of
this Agreement.
11. 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.
12. 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 Contract, ADHS may determine the
disposition of all such equipment. The purchase of vehicles is not reimbursable
under the terms of this contract.

SECTION II SPECIAL PROVISIONS TOBACCO & CHRONIC DISEASE
B. The Contractor agrees to exercise reasonable control over all equipment
purchased with capital outlay expense Contract 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 Contract.
13. 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.
14. 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.
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SECTION II SPECIAL PROVISIONS TOBACCO & CHRONIC DISEASE
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
Employment form in this state or similar offenses in another state or jurisdiction.
15. COMMUNICATION
The Contractor shall assume primary responsibility for effective, efficient communication
with MCTCDP staff.
16. SPONSORSHIP ACKNOWLEDGMENT
All promotional materials, brochures, and flyers prepared by the Contractor shall include
the following statement, "Sponsored by Maricopa County Tobacco & Chronic Disease
Prevention and Arizona Department of Health Services Bureau of Chronic Disease."
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SECTION III WORK STATEMENT TOBACCO & CHRONIC DISEASE
'I. DEFINITIONS
A. DEPARTMENT refers to the Maricopa County Department of Public Health (MCDPH)
and includes the Maricopa County Office of Tobacco & Chronic Disease Prevention.
B. CONTRACTOR refers to the School District listed on the front page of this Agreement.
C. COUNTY refers to Maricopa County, Arizona.
D. MCTCDP is an acronym for the Maricapa County Tobacco & Chronic Disease
Prevention.
E. SHIP is an acronym for the School Health Improvement Plan
F. SH1 is an acronym for the School Health Index
2. SERVICE GOALS
Contractor agrees to act as a pay agent and pass through funds to each school based
on the following categories:
A. A one-time payment of up to $2,000 per school listed in Attachment A to be paid to
the school district or charter,
B. Technical assistance, training and other related material, will be provided by
Maricopa County Tobacco and Chronic Disease Prevention (MCTCDP)
SERVICE OBJECTIVES/ACTIVITIES
The school agrees to provide the following required services:
A. Each school agrees to submit a SHIP Implementation & Evaluation Plan to
MCTCDP and to perform the activities and/or outcomes designated in the
approved plan.
B. A SHIP Coordinator at each school will submit a SHIP Completion Report to
MCTCDP when SHIP activities are completed. Program Completion Reports
should be emailed to the assigned MCTCDP representative. All SHIP program
deliverables must be completed by May 'I, 2014.
4, OTHER REQUIREMENTS
A. An invoice for the advance payment must be submitted on school letterhead and
have a signature authorizing the reimbursement request. Payment requests
should be submitted as follows:
e Faxed to (602) 372-8499:
• E-mail at AlainaRinnegmail.maricopa.dov.
• First-class mail to:
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SECTION III WORK STATEMENT TOBACCO & CHRONIC DISEASE
Contract Coordinator
Maricopa County Tobacco & Chronic Disease
4041 N. Central Avenue, Ste #1400
Phoenix, AZ 85012
Contractor shall respond to all additional requests for information solicited by
MCTCDP when they are submitted in writing and allow for a minimum of 72
hours to respond.
C. All invoices must be submitted within 60 days of the expiration of the contract
period.
D. 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.
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SECTION IV COMPENSATION TOBACCO & CHRONIC DISEASE
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 contract. The County will pay the Contractor on an advance basis for services
that align with the approved mini-grants. The invoice must be submitted by the
Contractor.
2. METHOD OF PAYMENT
A. Contractor shall submit an invoice (payment request). This payment request
must be on school letterhead and contain a signature authorizing the request.
B. 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.
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 (60) days
after the expiration date without approval of the County.
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SECTION V ATTACHMENT A TOBACCO & CHRONIC DISEASE
School Health Implementation Program
School Health impte ntation P
School District or Charter: Roosevelt School District
District Contact: Tree Hale
Title: Medicaid Coordinator, Special Needs Dept
Email: Tree. Hal a (D rsd .1<12. az.us
Phone: 602-304-3117
Mail Contract to:
Name: Tree Hale
Title: Medicaid Coordinator, Special Needs Dept
Email: Tree. Rale@rsd.k12.az.us
Address 'City State Zip
Address: 6218 S 7th St Phoenix AZ 85041
School(s)
Name of School(s) Address :City State Zip Amount
1 Bernard Black 6550 S 27th Ave Phoenix AZ 8 041 $2,000
Cesar Chavez 4001 S 3rd St Phoenix AZ 85040 $2,000
Cloves Campbell 2624 E South Mountain Phoenix AZ 85042 $2,000
4 C J Jorgensen 1701 W Roeser Phoenix AZ 85041 $2,000
C 0 Greenfield 7009 S 10th St Phoenix AZ 8504 $2,000
6 Ed and Verrna Pastor 2101 W Alta Vista Phoenix AZ 85041 $2,000
Ignacio G Conchos 1718 W Vineyard Phoenix AZ 85041 $2,000
8 John F Kennedy 6825 S 10th St Phoenix AZ 85042 $2,000
9 John R Davis 6209 S 15th Ave Phoenix AZ 85041 $2,000
10 Percy L Julian 2149 E Carver Dr Phoenix AZ 85042 $2,000
11 Rose Linda 4610 S 12th St Phoenix AZ 85042 $2,000
12 Southwest 1111 W Dobbins Rd Phoenix AZ 85041 $2,000
13 Sunland 5401 S 7th Ave Phoenix AZ 85041 $2,000
14 T G Barr 2041 E Vineyard Rd Phoenix AZ 85042 $2,000
15 Valley View 8220 S 7th Ave Phoenix AZ 85041 $2,000
16 V H Lassen 909 W Vineyard Phoenix AZ 85041 $2,000
17 Maxine 0 Bush 602 E Siesta Dr Phoenix AZ 85042 $2,000
Total $34,000
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