IGA WITH LITTLETON ELEMENTARY SCHOOL DISTRICT FOR - IGA-LITTLETONESD (FOR EXEC).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- 2. Agreement Type: Cost-Reimbursement
3. Agreement Amount: $6,000 4. Purpose: School-based Tobacco Prevention
5. Start Date: July 1, 2009 6. Expiration Date: May 1, 2010
This Agreement is entered into by and between the Littleton Elementary School District, referred to hereinafter as Contractor, and
Maricopa County by and through its Department of Public Health, Maricopa County Tobacco Use Prevention Program, referred to
hereinafter as MACTUPP or County. 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
document, its Exhibits, Attachments and Appendices, including any Subcontracts or Amendments as set forth herein and in:
Section 1 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 any of the parties hereto. Nothing in this
Agreement shall be construed as consent to any suit or waiver of any defense in a suit brought against Maricopa 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 to the addresses set forth
below and shall be effective upon receipt by the party to whom addressed unless otherwise indicated in said notice.
Notice to Contractor: Eileen Johansen Phone: (623) 478-5612
Address: 1252 South 115th Avenue, Cashion, AZ 85329
Notice to Department: Donna Beedie, Maricopa County Tobacco Use Prevention Program Phone: (602) 372-8436
Address: 4041 N Central Avenue, Ste # 1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
CONTRACTOR MARICOPA COUNTY BOARD OF SUPERVISORS
BY:
Chairman Date
Maricopa County Board of Supervisors
ATTEST:
Clerk of the Board Date
Pursuant to A.R.S. §11 -952, the undersigned public agency attorney Pursuant to A.R.S. §11-952, the Maricopa County Attorney's Office
has determinedjJiat this Int movecnmentai Agreement is in proper has determined that this intergovernmental Agreement is within the
form and is powe s and authority granted under the laws powers and authority granted under the laws of the State of
of the Statf Arizojf a, Arizona.
Signature Date
Print Name
DEPUTY MARI OPA COUNTY ATTORNEY

SECTION I GENERAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
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) and the
Special or General Provisions are in conflict, the Work Statement(s) shall control.
2. DEFINITIONS
As used throughout these GENERAL PROVISIONS, the following terms shall have the
meanings set forth:
A. Contract means this document and all attachments and amendments hereto.
B. Contractor means the person, firm or organization listed on the Cover Page of
this Contract.
C. County means Maricopa County, Arizona.
D. Department means the Maricopa County Department of Public Health (MCDPH)
and also includes the Maricopa County MACTUPP.
E. Director means the Director of the Department.
F. 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 Contract shall be construed in accordance with Arizona law.
Any action thereon shall be brought in the appropriate court in the State of
Arizona.
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 Contract, and shall comply with all laws regarding Unemployment Insurance,
Disability Insurance, and Worker's Compensation.
C. The Contractor is an independent Contractor in the performance of work and the
provision of services under this Contract and is not to be considered an officer,
employee, or agent of Maricopa County.
4. AMENDMENTS
All Amendments to this Contract must be in writing and signed by both parties.
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SECTION I GENERAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
5. ADEQUACY OF RECORDS
If the Contractor's books, records and other documents relevant to this Contract are not
sufficient to support and document that allowable services were provided to eligible
clients the Contractor shall reimburse Maricopa County for the services not so
adequately supported and documented.
6. RETENTION OF RECORDS
The Contractor agrees to retain all financial books, records, and other documents
relevant to this Contract 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. The
County or Federal or State auditors and any other persons duly authorized by County
shall have full access to, and the right to examine, copy and make use of any and all said
materials.
7. ASSIGNMENT! SUBCONTRACTING
No rights, liability, obligations or duties under this contract may be assigned, delegated or
subcontracted without the prior written approval of County.
8. AUDIT DISALLOWANCES
A. The Contractor shall, upon written demand therefore, reimburse Maricopa County
for any payments made under this Contract which are disallowed by a Federal,
State or Maricopa County audit in the amount of the disallowance, as well as
court costs and attorney fees which Maricopa County incurs to pursue legal
action relating to such a disallowance.
B. If at any time it is determined by County that a cost for which payment has been
made is a disallowed cost, County shall notify the Contractor in writing of the
disallowance and the required course of action, which shall be at the option of
County either to adjust any future claim submitted by the Contractor by the
amount of the disallowance or to require repayment of the disallowed amount by
the Contractor.
9, CONTRACT COMPLIANCE MONITORING
County shall monitor the Contractor's compliance with, and performance under, the terms
and conditions of this Contract. On-site visits for Contract compliance monitoring may be
made by County and/or its grantor agencies at any time during the Contractor's normal
business hours, announced or unannounced. The Contractor shall make available for
inspection and/or copying by County, all records and accounts relating to the work
performed or the services provided under this Contract, or for similar work and/or service
provided under other grants and contracts.
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SECTION I GENERAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
10. AVAILABILITY OF FUNDS
A. The provisions of this Contract relating to payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor as
herein provided are actually available to County for disbursement. The Director
shall be the sole judge and authority in determining the availability of funds under
this Contract and 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 Contract, County may amend, suspend,
decrease, or terminate its obligations under, or in connection with, this Contract.
In the event of termination, 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 Contract. 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 Contract, immediately inform 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/reimbursed under this Contract. Failure by the Contractor to notify County of
such award shall be considered a material breach of the Contract and County
shall have the right to terminate this Contract without liability.
B. County may request, and the Contractor shall provide within a reasonable time, a
copy of any other contract or grant, when in the opinion of the Director, the award
of the other contract or grant may affect the costs being paid or reimbursed under
this Contract.
C. If County determines that the award to the Contractor of such other Federal or
State contract or grant has affected the costs being paid or reimbursed under this
Contract, County shall prepare a Contract Amendment effecting a cost
adjustment. If the Contractor protests the proposed cost adjustment, the protest
shall be construed as a dispute within the meaning of the "Disputes" clause
contained herein.
12. DEFAULT
County may suspend, modify or terminate this Contract immediately upon written notice
to Contractor in the event of a non-performance of stated objectives or other material
breach of contractual obligations; or upon the happening of any event which would
jeopardize the ability of the Contractor to perform any of its contractual obligations.

SECTION I GENERAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
13. TERMINATION
A. County or the Contractor may terminate this Contract at any time with at least
thirty (30) days prior written notice to the other party. Such notice shall be given
by personal delivery or by Registered or Certified Mail, return receipt requested.
B. This Contract may be terminated by mutual written agreement of the parties
specifying the termination date therein.
C. County may terminate this Contract upon twenty-four (24) hours notice when
County deems the health or welfare of a patient is endangered or Contractor non-
compliance jeopardizes funding source financial participation. If not terminated
by one of the above methods, this Contract will terminate upon the expiration date
of this Contract as stated on the Cover Page.
14. SEVERABILITY
Any provision of this Contract which is determined to be invalid, void or illegal shall in no
way affect, impair or invalidate any other provision hereof, and remaining provisions shall
remain in full force and effect.
15. STRICT COMPLIANCE
Acceptance by County of performance not in strict compliance with the terms hereof shall
not be deemed to waive the requirement of strict compliance for all future performance
obligations. All changes in performance obligations under this Contract must be in
writing.
16. NON-LIABILITY
Maricopa County and its officers and employees shall not be liable for any act or
omission by the Contractor or any subcontractor, employee, officer, agent, or
representative of Contractor or subcontractors occurring in the performance of this
Contract, nor shall they be liable for purchases or Contracts made by the Contractor in
anticipation of funding hereunder.
17. INDEMNITY
The Contractor agrees to indemnify, hold harmless, and defend the County, its officers
and employees, boards and commissions, from and against any and all claims,
damages, suits and proceedings, regardless of the merits, from liability, punitive
damages, costs or expense of every type, all or any part thereof arising out of or in
connection with or by reason of any act or omission of the Contractor or any
subcontractors or anyone directly or indirectly employed by either the Contractor or any
subcontractors, Contractor and its Subcontractors shall reimburse County for its costs,
including attorneys fees for defense of any litigation arising from such claim. The
Contractor shall include a clause to this effect in all subcontracts inuring to the benefit of
the Contractor or County.
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SECTION! GENERAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
18. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of this warranty County
may annul this contract without liability.
19. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any information concerning an eligible individual
served under this Contract is directly limited to the performance of this Contract.
20. RIGHTS IN DATA
The parties hereto shall have the use of data and reports resulting from this Contract
without cost or other restriction except as may otherwise be provided herein or by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information known to supplying party that is relevant to this Contract and to the
performance hereunder.
21. NON-DISCRIMINATION
The Contractor, in connection with any service or other activity under this Contract, shall
not in any way discriminate against any person on the grounds of race, color, religion,
sex, national origin, age, or handicap. The Contractor shall include a clause to this
effect in all Subcontracts inuring to the benefit of the Contractor or County.
22. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employee or applicant for employment
because of race, age, handicap, color, religion, sex, or national origin. The Contractor
will take affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, age, handicap, color, religion,
sex, or national origin. Such action shall include, but not be 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 Title VI and VII of the Federal Civil Rights Act; the Federal Rehabilitation Act;
the Age Discrimination in Employment Act; the Immigration Reform and Control Act of
1986 (IRCA) and Arizona Executive Order 99-4 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.
23. RIGHT OF PARTIAL CANCELLATION
If more than one activity is funded by this Contract, the County reserves the right to
terminate this Contract or any part thereof based upon the Contractor's failure to perform
any part of this Contract without impairing, invalidating or canceling the remaining Work
Statement obligations.
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SECTION I GENERAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
24. RIGHT TO EXTEND CONTRACT
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 contract for additional periods, not to exceed a total term of five (5) years,
except that the cost will be subject to renegotiation. Any extension of contract period
must be mutually acceptable to the County and the Contractor and signed by both parties
in writing.
25. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The undersigned (authorized official signing for 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 CFR 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 3-year period preceding this Contract been convicted of or had a civil
judgment rendered against them for 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 commission of any of the offenses enumerated in
paragraph (2) of this certification; and
4) have not within a 3-year period preceding this Contract had one or more public
transaction (Federal, State or local) terminated for cause of default.
B, Should the Contractor not be able to provide this certification, an explanation as to
why should be attached to the contract.
C. The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
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.
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SECTION I GENERAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
27. 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, subsection A;
B. That a breach of a warranty under subsection 27.A. above, shall be deemed a
material breach of the contract that is subject to penalties up to and including
termination of the contract;
C. That the contracting government entity retains the legal right to inspect the papers
of any contractor or subcontractor employee who works on the contract to ensure
that the contractor or subcontractor is complying with the warranty provided under
subsection 27.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 contracting government entity.
28. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES
§§35-391.06 AND 35-393.06 BUSINESS RELATIONS WITH SUDAN AND IRAN:
A. By entering into the Contract, the Contractor certifies it does not have scrutinized
business operations in Sudan or Iran. The contractor shall obtain statements from
its subcontractors certifying compliance and shall furnish the statements to the
Procurement Officer upon request. These warranties shall remain in effect through
the term of the Contract.
B. The County may request verification of compliance for any contractor or
subcontractor performing work under the Contract. Should the County suspect or
find that the Contractor or any of its subcontractors are not in compliance, the
County may pursue any and all remedies allowed by law, including, but not limited
to: suspension of work, termination of the Contract for default, and suspension
and/or debarment of the Contractor. All costs necessary to verify compliance are
the responsibility of the Contractor.
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SECTION II SPECIAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
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) and the
Special or General Provisions are in conflict, the Work Statement(s) shall control.
2. DISPUTES
Except as otherwise provided by law, any dispute arising under this Contract shall be
submitted to the Maricopa County Dispute Process as specified in Maricopa County
Procurement Code Section MC1-906 which is hereby incorporated by reference. This
cause shall not apply to claims arising from bodily injury, death, or property damage.
3. CHANGES
A. The Director may, at any time, by written order, make changes within the general
scope of this Contract in any one or more of the following areas:
1. Work Statement activities reflecting changes in the scope of services,
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. Such order will not serve to increase or decrease the maximum reimbursable
amount to be paid the Contractor. Additionally, such order will not direct
substantive changes in services to be rendered by the Contractor.
C. Any dispute or disagreement caused by such written order shall constitute a
'Dispute" within the meaning of the Disputes Clause of the Special Provisions of
this Contract and be administered accordingly.
4. AUDIT REQUIREMENTS
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, P.L. 98-502, and the Single Audit Act Amendments of
1996, P.L. 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 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
months after the release date of the report. Maricopa 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).
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SECTION II SPECIAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
B. The Contractor shall schedule an annual financial audit to be submitted to County
for review within twelve months following the close of the program's fiscal year
Contractor understands that failure to meet this requirement may result in foss 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 results of the audit to the County
within 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 shall fail to engage an auditor or the
County shall reject or disapprove of the auditor engaged by the Contractor.
5. INSURANCE
A. The Contractor shall have in effect at all times during the term of this Contract
insurance or comparable self-insurance which is adequate to protect the County,
its officers, employees, property and equipment against such losses as are 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 such.
B. The following types and amounts of insurance are required as minimums:
1. Worker's Compensation and Unemployment Insurance as required by
law.
2. Commercial general liability insurance with a minimum combined single
limit of one million dollars ($1,000,000) each occurrence. The policy shall
include coverage for bodily injury, and property damage personal injury
(including coverage for Contractual and employee acts) and blanket
Contractual.
3. Professional Liability:
a. Insurance for Contractor and its Agents, Employees and other
Contractor Staff shall be maintained with coverage limits of one
million dollars ($1,000,000) per person, three million dollars
($3,000,000) per occurrence.
b. Contractor agrees that in the event it, or any of its Agents,
Employees and other Contractor Staff working under this Contract,
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 Director in writing. The duty to
notify under this paragraph applies whether or not the County is
claimed to be involved, is named as a party to the matter or could
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SECTION II SPECIAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
be potentially liable as a party.
C. The Contractor will inform the Director of any cancellation or 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 Education & Prevention Program.
B. If the use of subcontractors is approved by County, the Contractor agrees to use
written subcontracts/consultant agreements which conform to Federal and State
laws, regulations and requirements of this Contract 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 referenced herein.
The Contractor is responsible for Contract performance whether or not
Subcontractors are used, The Contractor shall submit a copy of each
Subcontract to County within fifteen (15) days of its effective date.
C. The Contractor agrees to include in any subcontracts a provision to the effect that
the subcontractor agrees that 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. PROGRAM EVALUATION
The Contractor agrees to actively incorporate into its program design process
evaluation/assessment implemented by the Arizona Department of Health Services and
MACTUPP to evaluate the effectiveness of Tobacco Use Prevention Programs in
Maricopa County. MACTUPP will provide training and technical assistance.
8. REPORTING REQUIREMENTS
If requested by the County, the Contractor agrees to 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.
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SECTION II SPECIAL PROVISIONS TOBACCO USE PREVENTION PROGRAM
10. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that pursuant to A.R.S. § 38-511, County may cancel this Contract without
penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting or creating the
Contract on behalf of County is at any time while the Contract or any extension of the
Contract is in effect, an employee or agent of any other party to the Contract in any
capacity or consultant to any other party of the Contract with respect to the subject matter
of the Contract. Additionally, pursuant to A.R.S. § 38-511, County may recoup any fee or
commission paid or due any person significantly involved in initiating, negotiating,
securing, drafting or creating the Contract on behalf of County from any other party to the
contract arising as the result of the Contract.
11. POLICY ON CONFIDENTIALITY
The Contractor and County each understand and agree that this Contract is subject to all
State and Federal laws protecting client confidentiality.
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.
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 County each understand and agree that this Contract 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 USE PREVENTION PROGRAM
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 MACTUPP staff.
16. SPONSORSHIP ACKNOWLEDGMENT
Al] promotional materials, brochures, and flyers shall contain the following statement,
"Sponsored by the Maricopa County Tobacco Use Prevention Program and Arizona
Department of Health Services."
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SECTION III WORK STATEMENT TOBACCO USE PREVENTION PROGRAM
1. DEFINITIONS
A. DEPARTMENT refers to the Maricopa County Department of Public Health (MCDPH)
and includes the MACTUPP.
B. CONTRACTOR means the person, firm or organization listed on the Cover Page of this
Contract.
C. COUNTY refers to Maricopa County, Arizona.
D. MACTUPP is an acronym for the Maricopa County Tobacco Use Prevention Program.
E. CDC refers to the Centers for Disease Control and Prevention.
F. STIPEND refers to the funds allocated to the school Tobacco Prevention Site
Coordinator,
G. MATERIAL refers to non-stipend related expenses.
2. SERVICE GOALS
Contractor agrees to act as a pay agent and pass through funds to each school based on
the following categories:
A. Tobacco Prevention Site Coordinator: 1 stipend of S1,000 to be paid to the Site
Coordinator listed in Attachment A upon successful completion of services,
including the completed Statewide Post-Curriculum Survey, if requested by
MACTUPP.
B. 2009-2010 New First Year Schools: If a first year school does not currently have
an approved curriculum it will be provided by MACTUPP.
C. Technical assistance, training, and other prevention related material, will be
provided by MACTUPP, based on availability.
3. SERVICE OBJECTIVES/ACTIVITIES
The school agrees to provide the following required services:
A. A "Tobacco-Free Campus" sign must be posted and visible on school campus.
B. Implement Tobacco Prevention Curriculum. This curriculum must come from
MACTUPP's approved list of curricula, which is found in The Planning Guide and
Resource Kit. The curriculum must be implemented in ONE ENTIRE GRADE
LEVEL within the 4 th-8th grade target population.
C. Distribution of ten tobacco prevention messages to students, staff, and families
are required throughout the school year. These messages can include but are
not limited to: morning announcements, articles in the school paper,
announcements at sporting events, print ads in yearbooks, or videotaped
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SECTION III WORK STATEMENT TOBACCO USE PREVENTION PROGRAM
commercials from the project.
D. One youth-driven tobacco use prevention program or event must take place on or
off campus during the school year.
E. Monthly reports must be completed accurately and submitted by the 3rd day of
each month via email to your assigned Prevention Specialist. With prior approval
from the Prevention Specialist, reports may be submitted by first-class mail to:
Maricopa County Tobacco Use Prevention Program, 4041 N. Central Avenue, Ste
# 1400, Phoenix, AZ 85012.
F. Attendance at Maricopa County Tobacco Use Prevention Program required
meetings.
G. Completion of the Statewide Post-Curriculum Survey on the last day of the
curriculum instruction, if requested by MACTUPP.
OTHER REQUIREMENTS
A. Written monthly reports will be submitted by the 3 rd of each month. Reports may
be submitted via email to the assigned Prevention Specialist
B. Payment requests must be submitted on school letterhead and have a signature
authorizing the reimbursement request. Payment requests should be submitted
first-class mail to:
Contract Coordinator
Maricopa County Tobacco Use Prevention Program
4041 N. Central Avenue, Ste # 1400
Phoenix, AZ 85012
C. Contractor shall respond to all additional requests for information solicited by
MACTUPP when they are submitted in writing and allow for a minimum of 72
hours to respond.
D. Final invoices must be submitted within 60 days of the expiration of the contract
period.
E. 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. During the site visits, we will check for supporting
documentation for submitted charges.
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SECTION IV COMPENSATION TOBACCO USE PREVENTION PROGRAM
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. County will charge the contract for services reported on the monthly
report or pay the Contractor on a cost reimbursement basis based on an invoice
submitted by the Contractor. It is the Contractor's discretion as to how many times to
request reimbursement throughout the contract period. The total funds paid to the
Contractor will be dependent upon actual expenses incurred by the Contractor. County
does not guarantee a minimum payment to the Contractor.
2. METHOD OF PAYMENT
A. Contractor shall submit a payment request and copies of paid invoices for
expenses incurred. This payment request must be on school letterhead and
contain a signature authorizing the reimbursement request.
B. Subject to the availability of funds, 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 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 Contract.
C. The Contractor understands and agrees that County will not process any claim for
payment for services rendered prior to the expiration date which are submitted
sixty (60) days after the expiration date without approval of County.
D. Payments made by County to the Contractor are conditioned upon the timely
receipt of applicable, accurate and complete monthly reports and sufficient
invoice documentation submitted by the Contractor. 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 Contractor. Contractor also forfeits the right to
reimbursement for costs incurred in which a paid invoice or proof of expenditure
is non-existent.
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SECTION V ATTACHMENT A TOBACCO USE PREVENTION PROGRAM
Agreement Name of School Address Phone Fax Name Name of Site Agreement
Year City, State Zip of Principal Coordinator 1 Amount
Collier Elementary 350 S. 118 dI Avenue
6 School Avondale, AZ 85323 623 932-0012 623 932-0063 David Bowling Sandra Thron 1,000
1252 S Avondale Blvd,
Littleton Elementary PD. Box 280
6 School Cashion, AZ 85329 623 936-0925 623 936-0926 Anita White Julie Lynch 1,000
10207 W Country P1
Country Place Blvd P. 0. Box 280
3 Elementary Cashion, AZ 85329 623 478-6100 623 478-5625 Loraine Timpson Rachel Bustos 1,000
11905W. Cocopah
09-10 Circle North
l s' Estrella Vista (K-8) Avondale, AZ 85323 623 478-6200 M. Halley TBD 1,000
09-10 5025 S. 103 rd Ave
1 s' Tres Rios (K-8) Tolleson, AZ 85353 623 478-6300 T. Faulkner TBD 1,000
11050W. Whyman
09-10 Quentin Elementary Ave
1 st (K-8) Avondale, AZ 85323 623 478-6000 J. Pacheco Vangela Lampee 1,000
Sub-total: 6,000
17