ASU SIRC IGA REV FINAL 11.20.20.PDF
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1
INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
1.
Agreement No:
2. Agreement Type: Cost Reimbursement
3.
Agreement Amount: $330,000
4. Purpose: Program Evaluation Services
5.
Start Date: September 1, 2020
6. Expiration Date: August 31, 2022
This Agreement is entered into by and between The Arizona Board of Regents 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: Mindy Davis
Phone (480) 727-9461
Address: 660 S. Mill Ave., Suite 204, Tempe, AZ 85281
Notice to Department: MCDPH Grants/Contract Unit
Phone: (602) 372-0675
Address: 4041 North Central Avenue, Suite #1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
ARIZONA BOARD OF REGENTS FOR AND ON BEHALF
OF ARIZONA STATE UNIVERSITY
MARICOPA COUNTY BOARD OF SUPERVISORS
Signature
Signature
Name
Kristy Macdonald
Name
Clint Hickman
Title
Assistant Director, Research Operations
Title
Chairman, Board of Supervisors
Date
Date
ATTEST:
Signature
Date
Office of the Clerk of the Board
Pursuant to A.R.S. § 11-952, the undersigned public agency
attorney has determined that this Intergovernmental Agreement
is in proper form and is within the powers and authority granted
under the laws of the State of Arizona.
Pursuant to A.R.S. § 11-952, the Attorney for the Board of
Supervisors has determined that this Intergovernmental
Agreement is within the powers and authority granted under the
laws of the State of Arizona.
Signature
Signature
Date
Date
Attorney for Maricopa County
SECTION I
GENERAL PROVISIONS
2
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.
F.
Contractor Staff, Employee or Faculty means a person or persons employed
by, contracted with, or retained by the Contractor for the purpose of providing the
services and responsibilities contained in this Contract.
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.
RETENTION OF RECORDS
A.
This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the County and Contractor that
relate to this Agreement.
B.
The County and Contractor and any other persons duly authorized by the County
SECTION I
GENERAL PROVISIONS
3
or 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.
6.
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 and Contractor.
7.
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 to the
extent awarded by a court of competent jurisdiction.
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.
C.
The County shall, upon review and agreement of the Parties, remit to the
Contractor any payments determined to have been insufficiently paid, in the
amount of the payment shortfall, as well as court costs and attorney fees the
Contractor incurs to pursue legal action relating to such short payment to the extent
awarded by a court of competent jurisdiction.
8.
AGREEMENT COMPLIANCE MONITORING
County may 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, upon reasonable advance notice. 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.
9.
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. The County shall refer no clients to Contractor for periods of
time for which funding is not available unless at the discretion of both parties, an
alternate source of funds are made available to continue the medical service.
SECTION I
GENERAL PROVISIONS
4
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 including any non-cancelable
commitments, 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
thirty (30) days in advance.
10.
CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
A.
The Contractor shall, during the term of this Agreement, promptly 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.
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.
11.
DEFAULT
Either party may suspend, modify, or terminate this Agreement immediately upon giving
written notice to the other Party if the other Party 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 other Party to perform any of its obligations under this
Agreement. In such instances, a cure period of fourteen (14) days will be allowed.
12.
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.
Either Party has the right to terminate this Agreement for cause upon fourteen (14)
working days written notice for any of the following reasons:
(1)
Breach of this Agreement which is not corrected within fourteen (14)
working days after written notice thereof.
SECTION I
GENERAL PROVISIONS
5
(2)
Inability to discharge the duties and responsibility under this Agreement for
a continual period of 30 days or more.
E.
This Agreement is subject to cancellation in accordance with the provision of
A.R.S. § 38-511.
F.
In the event of Termination, the County shall be responsible for payment to the
Contractor for all work performed through the date of termination, including any
non-cancelable commitments.
13.
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.
14.
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.
15.
NON-LIABILITY
Neither Party and its officers, representatives, agents, and employees shall be liable for
any act or omission by the other Party or any of its Subcontractors, employees, officers,
agents, or representatives occurring in the performance of this Agreement, nor shall they
be liable for purchases or contracts made by the other Party or its subcontractor in
connection with this Agreement.
16.
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 authorized volunteers.
17.
COVENANT AGAINST CONTINGENT FEES
The Contractor represents 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.
18.
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.
County and Contractor shall safeguard confidential and privileged client and patient
information i.e., medical, financial and patient specific information, and shall only disclose
SECTION I
GENERAL PROVISIONS
6
such information in accordance with all applicable federal, state and local laws, rules,
and/or regulations, including HIPAA. The use or disclosure by any party of any information
concerning a client or patient served under this Agreement or any other applicable payer
contract is directly limited to services under this Agreement subject to applicable federal,
state and local laws, rules and/or regulations. Contractor’s obligation to maintain the
confidentiality of all medical, financial and patient specific information shall exist after
termination or expiration of this Contract. County shall assist Contractor with regard to
Contractors’ obligation to comply with HIPAA.
19.
RIGHTS IN DATA
The Parties shall have the right to use 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.
20.
OWNERSHIP OF INFORMATION
Subject to applicable state and federal laws, rules and regulations, including, without
limitation, those concerning confidentiality of patient records, the Contractor shall have full
and complete ownership rights to and the sole and exclusive right to inspect, reproduce,
duplicate, adapt, distribute, display, disclose and otherwise use all reports, information,
data, work product, and material prepared by the Contractor in performance of the
Agreement. County may examine and may receive copies of such information necessary
for County's performance of this Agreement solely to meet its obligations to the funding
source.
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.).
SECTION I
GENERAL PROVISIONS
7
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, this Agreement
may be extended for additional one-year periods, not to exceed a total extended term of
five (5) years, except that the cost may be subject to renegotiation. Any extension of this
Agreement shall be in writing mutually acceptable to the County and the Contractor and
signed by both Parties.
25.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A.
The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current officers
and directors;
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.
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
SECTION I
GENERAL PROVISIONS
8
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.
SECTION II
SPECIAL PROVISIONS
9
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:
A.
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 knows the basis of the
dispute.
B.
The person administering this Agreement or the Procurement Officer, as
applicable, shall respond in writing to the dispute within fourteen (14) days.
C.
The Contractor may abide by the decision or may appeal the decision to
the Director of the Department within seven (7) days.
D.
Any claim or controversy arising out of or in connection with this Agreement
not resolved in accordance with paragraphs 2.A. through 2.C. above shall
be resolved through binding arbitration conducted by a single arbitrator in
accordance with the American Arbitration Association (AAA) Commercial
Arbitration Rules, then in effect, in Phoenix, Arizona; provided, however,
matters that primarily involve Provider's professional competence or
conduct shall not be eligible for arbitration. If possible, the arbitrator shall
be an attorney with at least fifteen (15) years of experience, including at
least five (5) years' experience in managed health care. The Parties shall
conduct a mandatory settlement conference at the initiation of arbitration,
to be administered by AAA. The arbitrator shall have no authority to provide
a remedy or award damages that would not be available to such prevailing
party in a court of law, nor shall the arbitrator have the authority to award
punitive damages. Each Party shall bear its own costs and expenses,
including its own attorneys' fees, and shall bear an equal share of the
arbitrator's and administrative fees of arbitration. The Parties agree to
accept any decision by the arbitrator as a final determination of the matter
in dispute, and judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction. Arbitration must be initiated within
one year of the earlier of the date the claim or controversy arose, was
discovered or should have been discovered with reasonable diligence;
otherwise it shall be deemed waived. The use of binding arbitration shall
not preclude a request for equitable and injunctive relief made to a court of
appropriate jurisdiction.
E.
Per A.R.S. Section 12-1518, the Parties agree they will be required to make
use of mandatory arbitration of any legal action that is filed in the Arizona
superior court concerning a controversy arising out of this Agreement if
required by A.R.S. 12-133.
SECTION II
SPECIAL PROVISIONS
10
F.
This Paragraph shall not apply to claims arising from bodily injury, death,
or property damage.
3.
CHANGES
A.
The County 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 change order may increase or decrease the maximum reimbursable amount
to be paid the Contractor in a manner that corresponds to the change order
requirements. 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
A.
If the Contractor expends $750,000 or more in a year in federal awards, the
Contractor shall have a single audit conducted for that year according to the Office
Management and Budget, Title 2, Subtitle A, Chapter II, PART 200—UNIFORM
ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200.
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,
SECTION II
SPECIAL PROVISIONS
11
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
As an instrumentality of the State of Arizona, Contractor is self-insured under the State of
Arizona, Department of Administration Risk Management Department as provided under
Arizona Revised Statutes Sections 41-621 et seq. That self-insurance program provides
Contractor with adequate insurance coverage as necessary and reasonable to insure itself
and its personnel in connection with the performance of this Agreement.
6.
SPECIAL REQUIREMENTS
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 upon written request.
7.
REPORTING REQUIREMENTS
If requested by the County, the Contractor shall submit annual progress reports on or
before the third (3rd) day of the month following the end of the reporting period.
8.
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Pursuant to A.R.S. § 38-511, either Party 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 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.
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.
The Parties acknowledge that Contractor is a public institution and is subject to A.R.S. 39-
121 through 39-127 regarding public records.
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.
SECTION III
WORK STATEMENT
12
1.
BACKGROUND
Maricopa County Department of Public Health (MCDPH) was awarded the Overdose Data
to Action or OD2A grant by the Centers for Disease Control and Prevention. The
overarching goal of this grant is to increase access to prevention activities and to
coordinate and integrate Opioid Use Disorder (OUD) care utilizing high quality, complete,
and timelier data on opioid prescribing and overdoses in several targeted underserved
populations
2.
PURPOSE
The purpose of this contract is for Arizona State University (ASU) Southwest
Interdisciplinary Research Center (SIRC) to serve as the program evaluator for the
Maricopa County Department of Public Health (MCDPH) Overdose Data to Action (OD2A)
cooperative agreement with the Centers for Disease Control and Prevention (CDC).
3. RESPONSIBILITIES OF THE CONTRACTOR (ASU SIRC)
SIRC will support MCDPH via the following:
A. Collaboration
1. Be available and accessible to the MCDPH OD2A Program Manager and other
MCDPH OD2A staff as required.
2. Attend and provide updates at monthly evaluation meetings with MCDPH OD2A
program staff.
3. Attend and provide updates for all OD2A evaluation meetings, site visits, and any
other Centers for Disease Control and Prevention OD2A grant meeting in which
the program evaluator is required.
4. Provide consultation services as needed on other areas of the OD2A program.
B. Institutional Review Board (IRB)
1. Obtain ASU IRB approvals and make amendments as needed.
C. Evaluation Instruments
1. Develop assessment instruments, survey questionnaires, data collection activities
to measure the effectiveness of all MCDPH OD2A grant programs.
2. Assist with revisions on existing instruments.
D. Evaluation
1. Measure the effectiveness of all OD2A funded programs meeting the requirements
of the Centers for Disease Control and Prevention (CDC).
2. Develop evaluation strategy for Establishing Linkages to Care.
3. Designs, implements, and reports program evaluation as it relates to the MCDPH
OD2A program.
SECTION III
WORK STATEMENT
13
4. Conduct literature review in order to provide support to the findings of the
evaluation.
5. Analyze data collected.
6. Analyze secondary data collected from all OD2A funded contracts.
E. Data Collection
1. Develop database to collect standardized data across all MCDPH OD2A grant
programs.
2. Collect, clean, and tabulate all MCDPH OD2A program evaluation data on a
weekly basis.
3. Report status of data collected on a monthly basis.
F. Report Writing
1. Write quarterly progress / activity reports of all programs funded through the CDC
OD2A Corporative Agreement.
2. Write the MCDPH OD2A grant Year Two Evaluation Plan and Data Management
Plan.
3. Write the annual evaluation report.
G. Dissemination of Findings and Work
1. Attends conferences, meetings, conference calls, and other platforms for
dissemination of work and findings as needed.
H. Compliance
1. Comply with all applicable provision of law and other rules and regulation of, any
and all, governmental authorities relating to the performance of services.
I. Budget
1. Ensure travel costs and supplies related to the evaluation are included in the Rate
schedule.
2. Submit invoices along with a monthly status report according to the Evaluation
Management Plan which outlines major tasks, deliverables, and the progress of
the project.
4.
RESPONSIBILITIES OF COUNTY (MCDPH)
MCDPH will support SIRC by:
A. Support Contractor by providing all information relevant to the Overdose Data to
Action evaluation.
B. Respond promptly to all inquiries and requests for information.
C. Notify SIRC promptly of any material changes.
SECTION IV
COMPENSATION
14
1.
COMPENSATION
A.
Funding for this Agreement is provided by the Center for Disease Control
Overdose Data to Action cooperative agreement with MCDPH;
B.
Funding for this Agreement shall not-exceed $165,000 for the first contract year
(September 1, 2020 – August 31, 2021);
C.
Funding for this Agreement shall not-exceed $165,000 for the second contract year
(September 1, 2021 – August 31, 2022);
D.
ASU SIRC Budget Narrative is detailed on Exhibit A attachment.
E.
ASU SIRC shall submit quarterly invoices along with a quarterly activity report.
The invoice packet should be submitted on or before the fifteenth (15th) calendar
day following the quarter in which services were performed. Each subsequent
year will adhere to this same schedule.
2.
METHOD OF PAYMENT
A.
The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. At a minimum, the invoice must provide the following
information:
•
Company name, address and contact
•
County bill-to name and contact information
•
Contract Number
•
County purchase order number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity
•
Contract Item number(s)
•
Description of Purchase (services)
•
Pricing per unit of service
•
Extended price
•
Total Amount Due
B.
Problems regarding billing or invoicing shall be directed to the using agency as
listed on the Purchase Order
C.
The Contractor must maintain and have available upon request supporting
documents for each monthly reimbursement request, including invoices of costs
incurred and expenditure reports.
D.
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
SECTION IV
COMPENSATION
15
Provisions of this Agreement.
E.
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.
F.
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.
G. The Contractor shall submit quarterly invoices to:
Maricopa County Department of Public Health
Maureen Ficarra
4041 N Central Ave, Suite 1400
Phoenix, AZ 85006
E-mail: Maureen.Ficarra@Maricopa.gov
4.
NOTICE
Any notice given under this Agreement shall be sent to the attention of the following:
Maricopa County Department of
Public Health
Arizona Board of Regents for and on
behalf of Arizona State University
Attn: Tracy Cruickshank
Office of Healthcare Innovation
4041 N Central Ave Suite 1400
Phoenix, AZ 85012
Attn: Mindy Davis, Awards Management
Asu.awards@asu.edu
480-727-9461
PO Box 876011
Tempe, AZ 85287-6011
Public Health
Grants and Contracts Unit
Attn: Grants Administrator
4041 N Central Ave, Suite 1400
Phoenix, AZ 85012