GLENDALE SCHOOL DISTRICT - MEMORANDUM OF UNDERSTANDING FOR SYSTEM OF CARE CENTER 02-27-25.PDF.PDF
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Page 1 of 4 4596248 GLENDALE ELEMENTARY SCHOOL DISTRICT SYSTEM OF CARE CENTER Memorandum of Understanding This Memorandum of Understanding (hereafter referred to as “the Agreement”) is executed by and between Maricopa County, for and on behalf of the Department of Public Health, a local government organization (hereafter referred to as the "Provider") and Glendale Elementary School District, a political subdivision of the State of Arizona, hereafter referred to as the "District”) (collectively herein referred to as “the Parties”). WHEREAS, Provider provides South Phoenix Healthy Start services to youth attending public schools, their families, staff of the District and community members. WHEREAS District provides education, resources, and support to all students in District’s schools. THEREFORE, Provider and District, in consideration of the mutual covenants hereinafter contained, hereto agree to the Scope of Work as follows: I. Purpose: a. The Agreement supports District’s desire to provide Health Education Classes for its students, families, staff and community. II. District Agrees to: a. Provide a copy of District’s policy, process, or procedure of submitting referrals to the Provider. b. Assist with the identifying of students who will meet the criteria to receive these services, subject to parent/guardian consent. c. Provide confidential and consistent space (may not always be the same space) without cost to Provider in exchange for the benefit to the District of the provision of services, including Maternal, Doulas and Father engagement health education to qualified students, their family members, District staff and community members. Provider will coordinate with the Assistant Superintendent for Behavioral Health and School Safety or designee based on scheduling space as needed. Space will be made available to Provider during designated service times. District will notify Provider of any space changes at least one hour before scheduled service times. d. Allow selected participants to have the time to attend the interventions noted above without fear of being marked as absent or loss of grades, and the participants being allowed time to make up any missed work. Assist Provider in rendering services through ensuring students arrive timely to the designated space in which services are scheduled (i.e., have staff available to help call students to office, have school staff walk with youth to session if youth is prone to truancy, etc.). Communicate to provider if youth are suspended, moves or any disruptions in school scheduling that may impact the Provider from seeing the students. e. Allow the Provider to deliver assessment and evaluation instruments to the participants to assess the effectiveness, suitability, and satisfaction with the curriculum and therapists, subject to parent/guardian permission. f. Not release confidential and protected student information to Provider without written authorization obtained from the student's parent or legal guardian. g. If applicable, Provider may reserve the right based on Provider’s analysis and assessment of sustainability to cease providing services. III. Provider Agrees to: a. Provide services at no cost to District, to all qualifying participants. The provider may seek payment from government programs, health plans and/or insurers which provide coverage to the student families, staff and community. Page 2 of 4 4596248 b. Provide the District with reports on the number of clients participating, progress made, and the involvement of family where clinically indicated. Medical or clinical information will not be provided by Provider unless specifically requested by a parent/guardian through a release of information signed by the parent/guardian. c. Provide all intakes, family sessions and documents in the student’s and/or family’s native language when needed. d. Not release confidential and protected health information to District without authorization obtained from the patient/client, or parent or legal guardian of the patient/client. e. If applicable, provide 30-day notice to District if Provider is unable to meet District service requests due to barriers to service such as workforce shortage. f. Additionally, Provider and District agree to the following Terms and Conditions: IV. Term of the Agreement a. The Agreement shall be effective beginning 03/01/2025 through 03/01/2027 unless terminated earlier by either Party pursuant to Paragraph V below. The Agreement will be automatically renewed during the duration of this Agreement. V. Termination a. The Agreement may be terminated by either Party. Any termination must be in writing, stating the reason therefore, sent by certified mail, and is effective upon 30 calendar days’ notice to the other Party. VI. Relationship of Parties a. It is clearly understood that each Party will act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee or agent of one Party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. Provider specifically acknowledges that it is acting as an independent contractor and waives any rights to claim that Provider is an employee or agent or District, as defined by law. VII. Responsibility of Each Party a. Each Party agrees to be responsible for the conduct of its operations and performance of its obligations under the Agreement and for any accidents or injuries to persons or property arising out of acts or omissions by its officers, agents or employees acting in the course or scope of their employment while performing duties undertaken pursuant to the Agreement. VIII. Employee Worker Eligibility a. By entering into the Agreement, the Parties warrant compliance with A.R.S. § 41-4401, the E-Verify requirements under A.R.S. § 23-214(A), the Federal Immigration and Nationality Act (FINA), and all other Federal immigration laws and regulations. Either Party may request verification of compliance from any contractor or subcontractor performing work under this Agreement. Should the either Party suspect or find that the other Party or any of its subcontractors are not in compliance, that Party may pursue any and all remedies allowed by law, including, but not limited to suspension of work, termination of the Agreement for default. Each Party shall bear the costs necessary for compliance of its own employees and subcontractors. IX. Fingerprinting Requirements a. For each employee or agent of Provider who is granted access to District’s schools under the Agreement, Provider will ensure that: (a) the individual possesses a fingerprint clearance card in accordance with Provider’s written policy; (b) Provider has conducted a criminal history search and public records check; and (c) Provider’s employees follow guest or visitor rules at District’s school sites. X. Nondiscrimination a. The Parties shall comply with all applicable State and Federal employment laws, rules, regulations and executive orders which require that all persons shall have equal access to employment opportunities and Page 3 of 4 4596248 to education opportunities regardless of race, color, religion, disability, sex, age, national origin, genetic code, veteran’s status, or political affiliation during the term of the Agreement. b. Provider affirms that it is not now, nor will it at any time during the term of this Agreement, engaged in a boycott of Israel. XI. Confidentiality a. All records developed or maintained under the Agreement that contain students’ personally identifiable information shall be kept confidential in accordance with the Family Educational Rights and Privacy Act (“FERPA”) and regulations adopted pursuant to that Act; the Individuals with Disabilities Education Act as Amended (“IDEA”) and regulations adopted thereunder; the Health Insurance Portability and Accountability Act (“HIPAA”) and regulations adopted thereunder (as provided in Attachment A which is attached and made a part hereof); and applicable policies of District regarding the disclosure of personally identifiable information from students’ education records. XII. Retention and Inspection of Records a. The Parties shall retain, and shall contractually require each subcontractor to retain, all books, accounts, reports, files, and other records relating to the performance of the Agreement for a period of five (5) years after the completion of the Agreement and, subject to the confidentiality requirements set forth in Article XI above, to make such documents open to inspection and audit at reasonable times. XIII. Indemnification a. To the extent permitted by law, each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as “Indemnitees”) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney 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/derivative liability to the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. XIV. Cancellation for Conflict of Interest a. Pursuant to A.R.S. § 38-511, as applicable, the provisions which are incorporated herein by reference, this Agreement is subject to cancellation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement is, at any time while the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. XV. Severability a. The provisions of the Agreement are severable to the extent that any provision or application held to be invalid by a court of competent jurisdiction shall not affect any other provision or application of the Agreement, which may remain in effect without the invalid provision or application. XVI. Counterparts a. This Agreement may be executed in one or more counterparts, each of which shall be considered an original, and all of which taken together shall be considered one and the same instrument. XVII. Governing Law a. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. XVIII. Business Associate Agreement a. The partnering agency shall provide the Glendale Elementary School District with a scope of services provided to be included with this agreement. Page 4 of 4 4596248 RECIPIENT: PROVIDER: ______________________________ Signature FOR AND ON BEHALF OF MARICOPA COUNTY: ___________________________ Chairman, Board of Supervisors ____________________________ Date ATTEST: ____________________________ Clerk of the Board ____________________________ Date APPROVED AS TO FORM: _______________________________ Attorney for Maricopa County _______________________________ Date ______________________________ Print Name ______________________________ Title ____________________________ Glendale Elementary School District