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Government Agreement Summary
GRA Number: GRA-STATE-21-1109-01
Region/Funding Source: Statewide/PNC Foundation
Applicant Information:
Maricopa County Department of Public Health
4041 N. Central Avenue, Ste. 1400
Phoenix, AZ 85012
Primary Strategy: Child Care Health Consultation
Funding Available: $200,000
Brief Description:
The intent of this grant is to provide a Child Care Health Consultant (CCHC) Technical Assistance Support
Line that will be available to non-Quality First enrolled child care providers to outreach via phone/email
to seek guidance, education and answers to their most pertinent questions regarding the health and
safety of staff and children amidst the COVID-19 pandemic.
Required Data Template Training
The grantee is required to participate in data template training. Further instruction will be provided
closer to award.
Grant Term/Estimated Start Date:
The estimated grant term is October 1, 2020
through July 22, 2021, unless terminated,
cancelled or extended.
Contact Information:
Christine Cramer
Fiscal Specialist
First Things First
Email: ccramer@azftf.gov
Phone: (602) 771-5093
GRA-STATE-21-1109-01
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GOVERNMENT AGREEMENT
GRA-STATE-21-1109-01
Between The
Arizona Early Childhood Development and Health Board
(First Things First)
And
Maricopa County Department of Public Health (Grantee)
I.
Purpose
The intent of this grant is to provide a Child Care Health Consultant (CCHC) Technical
Assistance Support Line that will be available to non-Quality First enrolled child care
providers to outreach via phone/email to seek guidance, education and answers to their
most pertinent questions regarding the health and safety of staff and children amidst
the COVID-19 pandemic.
II.
Term, Renewal
The term of this Agreement is October 1, 2020 through July 22, 2021.
III.
Description of Services
A. In the state of Arizona, approximately 1850 regulated child care providers are not
enrolled in Quality First, with no access to CCHC services. The onset of the COVID-19
pandemic has proven challenging for child care providers as they attempt to keep up
to date and interpret the practicalities of implementing ever-developing health and
safety guidance from the Centers for Disease Control and Prevention, AZ
Department of Health Services, local County Health Departments and City
Governments. Child care providers need ongoing support understanding how to
safely re-open and remain open to ensure parents in Arizona’s workforce feel
confident leaving their children in care when returning to work.
B. The implementation of a statewide Child Care Health Consultation (CCHC) Technical
Assistance Support Line which will provide Arizona non-Quality First child care
providers access to a Child Care Liaison that will support them in their understanding
of how they can safely re-open/remain open during the COVID-19 pandemic.
C. The target population is Arizona child care providers who are not enrolled in Quality
First and/or do not have access to a Child Care Health Consultant.
GRA-STATE-21-1109-01
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IV.
GRANTEE’S Responsibilities
The Grantee shall:
A. Prior to entering into this Agreement, have completed and submitted to First Things
First for review and approval the following forms and documents:
1. Agency/Organization Profile
2. Personnel - Program Personnel Table
3. Line-Item Budget and Budget Narrative
4. Fiscal Information - Funding Sources and Financial Controls
5. Program Evaluation Study form
The completed forms and documents comprise part of this Agreement.
B. In providing programming described in Section IV.A, the Grantee shall act in
accordance with its narrative responses; the implementation plan; the approved
budget; and the following First Things First documents: the Scope of Work (Exhibit
A), Guidance Materials (Exhibit B), and the Data Security, Submission and
Suppression Guidelines and Requirements for Collaborators (Exhibit C).
C. Coordinate and collaborate with all First Things First grant recipients, as
collaboration is critical to developing a seamless service delivery system for children
and families.
D. Submit timely the reports described in Section VI.
V.
Reimbursement/Payment
A. First Things First shall pay the Grantee on a cost-reimbursement basis for expenses
approved in the budget, up to $200,000, on the terms described in this Section.
B. Payment is conditioned upon receipt by First Things First of timely, accurate and
complete (i) reimbursement documents, (ii) Program Narrative Reports and (iii) Data
Submission Reports submitted via the First Things First Partner Grant Management
System (PGMS). Payments shall be made only for those services performed or goods
received.
C. The Grantee shall submit reimbursement requests at least quarterly, though not
more frequently than monthly. The Grantee shall submit a final reimbursement
request marked “final” no more than forty-five (45) days after the Agreement end
date. Expenses eligible for reimbursement must be paid, accrued or obligated by
the Grantee by the Agreement term end date. Final payment shall be contingent
upon receipt of all fiscal, programmatic, and data reports required of the Grantee
under this Agreement. Requests for reimbursement received later than forty-five
(45) days after the Agreement end date will not be paid.
GRA-STATE-21-1109-01
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D. Funds provided to the Grantee under this Agreement shall only be used to fulfill the
Grantee’s responsibilities under this Agreement. Any questions regarding the
appropriate use of the funds shall be resolved by mutual agreement between the
parties.
E. If the Grantee receives reimbursement for expenditures that are disallowed by an
audit exception by First Things First, the state or the federal government, the
Grantee shall promptly repay the funds to First Things First.
VI.
Quarterly Program Narrative and Data Submission Reporting Requirements
A. At a minimum, the Grantee shall submit quarterly one Program Narrative Report and
one Data Submission Report by the 20th of the month following the quarter via
PGMS. Failure to submit timely reports will result in suspension of reimbursement.
The reports shall contain such information as deemed necessary by First Things First.
B. Program Narrative and Data Submission Reports are due:
1st Quarter (July 1 - September 30)
Due: N/A
2nd Quarter (October 1 - December 31)
Due: January 20
3rd Quarter (January 1 - March 31)
Due: April 20
4th Quarter (April 1 - June 30)
Due: July 20
VII.
Agreement Administration and Operations
A. Working on Tribal Land. If the Grantee performs any work under this Agreement on
sovereign land of a tribe, the Grantee shall comply with any requirements set forth
by the tribal government in relation to essential functions of the grant operation,
including data collection. It is a material requirement of this Agreement that the
Grantee follow all First Things First tribal policies and procedures including the Tribal
Data Policy as applicable, obtain all appropriate parental consents and obtain
appropriate tribal approvals as designated by tribal authorities, which approval may
include a requirement to participate in cultural education and community
orientation classes.
B. Advertising, Publishing and Promotion of Agreement. The Grantee shall not use,
advertise or promote information for commercial benefit concerning this grant
without the prior written approval of First Things First.
C. Review of Printed Materials. First Things First must review and approve all Grantee
publications and/or media funded or partially funded through this Agreement for
compliance with this Agreement. The Grantee shall submit to First Things First via
PGMS all print and electronic materials related to the programs and services funded
under this Agreement before publicly distributing those materials so that First
Things First may first review and approve prior to release. If deemed necessary by
First Things First, the Grantee shall revise the materials as indicated by First Things
GRA-STATE-21-1109-01
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First before publicly distributing the materials. First Things First shall have full and
complete rights to reproduce, duplicate, disclose, perform, and otherwise use all
materials prepared under this Agreement.
D. Acknowledgment of FTF Funding. The Grantee shall recognize First Things First as a
funding source of programs and services funded in whole or part under this
Agreement in all publicly distributed print or electronic materials related to those
programs and services. The Grantee shall make this recognition in a manner
described in First Things First’s most current protocol and style guide. First Things
First will post any updates to the protocol and style guide under the Grantee
Resources section of PGMS. The Grantee shall also recognize First Things First as a
funding source of programs and services funded in whole or part under this
Agreement in all formal oral presentations and media interviews related to those
programs and services.
E. Public Awareness Efforts. The Grantee shall consult with First Things First in the
planning of public awareness/marketing strategies, such as websites, advertising or
media campaigns, related to the programs or services funded under this Agreement.
F. Ownership of Materials and Data. Any materials and data required to be collected,
delivered or created under this Agreement, including but not limited to reports,
computer programs and other deliverables are the sole property of the State (First
Things First). The Grantee shall not use or release these materials or data without
the prior written consent of First Things First. The Grantee is not entitled to a patent
or copyright on these materials and data and may not transfer the patent or
copyright to anyone else.
G. Ownership of Intellectual Property. First Things First shall be the owner (for and on
behalf of the State of Arizona) of any and all intellectual property, including but not
limited to copyright, invention, trademark, trade name, service mark and/or trade
secrets, created or conceived in the course of carrying out this Agreement and any
related subcontract or subgrant (“Intellectual Property”). The parties agree that the
Intellectual Property shall be considered a work made for hire under the U.S.
Copyright Act to the extent applicable. To the extent the Intellectual Property is not
a work made for hire, the Grantee hereby transfers all of its ownership of the
Intellectual Property to First Things First. First Things First shall own the entire right,
title and interest to the Intellectual Property throughout the world. The Grantee
shall notify First Things First, within thirty (30) days, of the creation of any
Intellectual Property by it, its subcontractor or its subgrantee. The Grantee, on
behalf of itself and any subcontractors and subgrantees, agrees to execute all
documents necessary to assure ownership of the Intellectual Property vests in the
State and shall take no affirmative action that might have the effect of vesting all or
part of the Intellectual Property in any entity other than the State. The Grantee and
its subcontractors and subgrantees shall not disclose inventions or trade secrets
covered by this paragraph to any entity not the State without the express written
authorization of First Things First.
GRA-STATE-21-1109-01
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VIII.
General Terms
A. FTF Grants Uniform Terms and Conditions. First Things First’s Grants Uniform Terms
and Conditions (revision date October 2019) are hereby incorporated by reference
into this Agreement as if fully set forth herein. Copies of this document are available
by emailing the First Things First Procurement Specialist, grants@azftf.gov.
B. Non-Availability of Funds. Every payment obligation of First Things First under this
Agreement is conditioned upon the availability of funds appropriated or allocated
for the payment of such obligation. If funds are not allocated and available for the
continuance of this Agreement, this Agreement may be terminated by First Things
First at the end of the period for which funds are available. No liability shall accrue
to First Things First in the event this provision is exercised, and First Things First shall
not be obligated or liable for any future payments or for any damages as a result of
termination under this paragraph.
C. Capital Expenditures. Certain capital expenditures with a cost totaling $20,000 or
more may be subject to First Things First’s Capital Expenditure Policy regarding
construction, renovation, real property and vehicles. This Capital Expenditure Policy
(revision date December 2019) is hereby incorporated by reference into this Grant
Agreement as if fully set forth herein. Copies of this document are available by
emailing the First Things First Procurement Specialist, grants@azftf.gov.
D. Sectarian Purposes. Funds provided under this Agreement may not be expended for
any sectarian purpose or activity, including religious worship or instruction, except
as consistent with the First Amendment of the United States Constitution. The
Grantee shall implement the programs or services funded under this Agreement
consistent with the First Amendment as well. With respect to these programs or
services, the Grantee also shall not discriminate against any program or service
beneficiary or applicant on the basis of religion. First Things First reserves the right
to verify or monitor compliance with this paragraph. The Grantee shall repay any
funds awarded under this Agreement that the Grantee spends in violation of this
paragraph.
IX.
State and Federal Mandated Terms
A. Non-Discrimination. The provisions of State Executive Order 2009-09 are
incorporated herein by reference. These provisions mandate, in part, that
contractors will not discriminate against any employee or applicant for employment
because of race, age, color, religion, sex or national origin. The Grantee shall also
comply with all other applicable state and federal statutes, regulations and
executive orders concerning non-discrimination practices, including the Americans
with Disabilities Act and Federal Executive Order No. 13279 – Equal Protection of the
Laws for Faith-Based and Community Organizations.
GRA-STATE-21-1109-01
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B. Records. Pursuant to A.R.S. § 8-1174, the Grantee shall retain and shall
contractually require each subcontractor and subgrantee to retain all books,
accounts, reports, files and other records (“records”) relating to the Agreement for a
period of five years after the completion of the Agreement. All records shall be
subject to inspection and audit by the State (including First Things First) and by an
independent auditor at all reasonable times. Upon request, the Grantee shall
produce any or all such records at First Things First’s main office in Phoenix, Arizona.
Notwithstanding the foregoing paragraph, pursuant to 2 C.F.R. § 200.333, if the
grant includes federal pass-through funds, then the Grantee shall retain and shall
contractually require each subcontractor and subgrantee to retain all records
pertaining to the federal pass-through funds for a period of three years from the
date of submission of the final expenditure report and until any litigation, claims or
audit findings involving the records have been resolved and final action taken. All
such records shall be accessible and subject to audit in accordance with 2 C.F.R. §
200.336. This paragraph does not apply to a grantee, subgrantee or subcontractor
that is a federal agency.
X.
Relationship of Parties
The Grantee under this Agreement is an independent contractor. Neither party to this
Agreement shall be deemed to be the employee or agent of the other party.
XI.
Indemnification
A. Not State Agency. This paragraph applies if the Grantee is not a department,
agency, board, commission or university of the State. Each party (as “Indemnitor”)
agrees to defend, indemnify, and hold harmless the other party (as “Indemnitee”)
from and against any and all claims, actions, liabilities, damages, losses, costs or
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/derivative
liability to the Indemnitee are caused by the act, omission, negligence, misconduct,
or other fault of the Indemnitor including its officers, officials, agents, employees or
volunteers. The State of Arizona, Early Childhood Development and Health Board
(First Things First) is self-insured per A.R.S. § 41-621.
B. Patent and Copyright. The Grantee shall indemnify and hold harmless the State
against any liability, including costs and expenses, for infringement of any patent,
trademark or copyright arising out of grant performance or use by the State of
materials furnished or work performed under this Agreement. The State shall
reasonably notify the Grantee of any claim for which it may be liable under this
paragraph. This paragraph does not apply if the Grantee is insured pursuant to
A.R.S. § 41-621.
GRA-STATE-21-1109-01
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C. Subcontractors. The Grantee shall contractually require its subcontractors and
subgrantees, if any, to defend, indemnify and hold harmless the State of Arizona and
its departments, agencies, boards, commissions, universities, officers, officials,
agents and employees (“State”) from and against any and all Claims (including court
costs, attorneys’ fees, and costs of claim processing, investigation and litigation) for
bodily injury or personal injury (including death), or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of the subcontractor or subgrantee or any of its
owners, officers, directors, agents, employees, volunteers, or subcontractors. This
indemnity shall include any claim or amount arising out of or recovered under the
Workers’ Compensation Law or arising out of the failure of the subcontractor or
subgrantee to conform to any federal, state or local law, statute, ordinance, rule,
regulation, or court decree. It is the specific intention of the parties that the State
shall, in all instances, except for Claims arising solely from the negligent or willful
acts or omissions of the State, be indemnified by the subcontractor or subgrantee
from and against any and all Claims. It is agreed that the subcontractor or
subgrantee will be responsible for primary loss investigation, defense and judgment
costs where this indemnification is applicable. The subcontractor or subgrantee
shall agree to waive all rights of subrogation against the State for losses arising from
the work performed by the subcontractor or subgrantee for the State.
XII.
Insurance.
The Grantee shall provide a Certificate of Self-Insurance. The Certification shall be sent
directly to First Things First, Fiscal Specialist, 4000 N. Central, Suite 800, Phoenix,
Arizona 85012. If the Grantee is a department, agency, board, commission or university
of the State of Arizona, then the Certificate of Self-Insurance requirement does not
apply.
In addition, the Grantee shall contractually require its subcontractors to procure and
maintain until all of its obligations have been discharged or satisfied, including any
warranty periods under this Agreement, insurance against claims for injury to persons or
damage to property which may arise from or in connection with the performance of the
work by the subcontractor and its owners, officers, directors, agents, employees, or
volunteers. The insurance policies shall be in accordance with recommendations of the
Risk Management Division of the Arizona Department of Administration, including its
published Insurance Modules, and in consultation with First Things First.
GRA-STATE-21-1109-01
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XIII.
Termination Upon 30 Days Notice
In addition to the termination provisions incorporated by reference, either party may
terminate the Agreement for any or no reason by giving at least thirty (30) days written
notice of termination to the other party. If the Grantee requests termination under this
provision, the Grantee shall cooperate with reasonable requests from First Things First
to decrease services and costs related to the Agreement.
XIV.
Notices
The Grantee shall address all notices related to this Agreement to:
First Things First
Finance Division
4000 N. Central Avenue, Suite 800
Phoenix, AZ 85012
First Things First shall address all notices related to this Agreement to:
Maricopa County Department of Public Health
Grants/Contracts Unit
4041 N. Central Avenue, Ste. 1400
Phoenix, AZ 85012
GRA-STATE-21-1109-01
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XV.
Grantee Assurances
Grantee’s Authorized Official to initial the following:
GENERAL
_____ To adhere to the most current version of the
Standards of Practice documents (available at
http://www.firstthingsfirst.org/grants/strategy-
toolkit)
_____ To adhere to the Data Security Submission and
Suppression Guidelines and Requirements for
Collaborators, as applicable.
_____ To review and adhere to the First Things First
Grants Uniform Terms and Conditions. Copies of
this document are available by emailing
grants@azftf.gov .
_____ To accept funds and administer the programs in
accordance with all applicable federal and state
statutes and regulations and Grant Agreement
requirements.
_____ To maintain internal controls, including policies and
procedures, for assuring compliance with
applicable cost principles and other Grant
Agreement requirements.
_____ To follow established personnel policies related to
salary scales, fringe benefits, and travel
reimbursement.
_____ To use generally accepted accounting principles
(GAAP).
_____ To perform required financial and compliance
audits in accordance with federal law and
guidelines, including the Single Audit Act and 2 CFR
Part 200.
_____ To maintain documentation for employees working
across multiple funding sources to ensure the
amount of time charged to each employee does
not exceed 100%.
_____ To have fiscal control and fund accounting
procedures in place to ensure proper disbursement
of and accounting for any funds paid to
subcontractors.
_____ To maintain enrollment and participate in e-verify,
if an employer.
_____ To maintain a system of contract administration to
ensure conformance with the Grant Terms and
Conditions.
PROGRAMMATIC
_____ To use proven, effective and/or evidence based
programs.
_____ To maintain the personnel qualifications outlined in
the Standards of Practice with subsequent hires.
_____ To comply with any applicable federal, state, and
local health and safety requirements that apply to
the facilities used for a program.
_____ To actively participate in the Quality Assurance
process, including assessments.
_____ To coordinate, to the extent possible, with other
programs in the same geographic area that serve
similar target populations.
_____ To coordinate with First Things First during the
length of the program period.
_____ To acknowledge funding from FTF in publicly-
distributed materials in compliance with FTF’s
brand guidelines and submit such materials in
advance for review.
_____ To consult with FTF in the planning of public
awareness/marketing strategies such as websites,
advertising or media campaigns.
EVALUATION
_____ To provide regular and timely reporting and to
participate in all pertinent First Things First
research and evaluation efforts.
_____ If an evaluation study has been conducted on the
proposed program, a copy of the evaluation
report (if available) will be submitted to First
Things First.
_____ If funds are being requested to conduct an
evaluation study, approval by First Things First
Research and Evaluation team will be obtained
prior to implementation.
_____ If the evaluation study will include a tribal
community, approval by First Things First Research
and Evaluation team and Tribal Affairs division will
be obtained prior to implementation.
GRA-STATE-21-1109-01
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XVI.
Authority to Execute this Agreement
Each individual executing this Agreement represents and warrants that he or she is duly
authorized to do so.
XVII. In Witness Whereof
The parties hereto agree to carry out the provisions of this Agreement.
FOR AND BEHALF OF
FOR AND BEHALF OF THE
MARICOPA COUNTY
Arizona Early Childhood Development
And Health Board
Clint Hickman, Chairman
Josh Allen
Board of Supervisors
CFO/COO
Date
Date
APPROVED AS TO FORM:
________________________________________________
Attorney for County
Date
ATTEST:
________________________________________________
Office of the Clerk of the Board
Date
Revised December 2017