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Memorandum of Understanding Between Maricopa County Department of Public Health Office of Tobacco Prevention and Cessation 4041 N. Central Ave Suite #1400 Phoenix AZ 85012 and 3PC Peoria Primary Prevention 5405 N. 99th Ave, Glendale, AZ, 85305 This Memorandum of Understanding (“MOU”) is hereby made and entered into by and between Maricopa County by and through its Department of Public Health (“MCDPH”), Office of Tobacco Prevention & Cessation (“OTPC”), and 3PC Peoria Primary Prevention (“Coalition”). 1. BACKGROUND The mission of the Maricopa County Department of Public Health is to increase the quality of life for our residents by collaborating with the community to develop and implement strategies, programs and services addressing the emerging and changing needs of public health. E-cigarette use among youth in the United States remains a top health concern. E-cigarettes entered the U.S. marketplace around 2007, and since 2014, they have been the most used tobacco product among U.S. youth (CDC, 2018). The 2022 National Youth Tobacco Survey found that about one in ten or 2.5 million U.S. middle and high school students reported current e-cigarette use. Almost half of high schoolers who use e- cigarettes (or “vape”) do so on a near-daily basis. Near-daily usage puts individuals at risk for a potential lifetime of nicotine dependence and tobacco use disorders and at an increased risk for developing other substance use disorders (FDA, 2022). E-cigarette use among youth presents a variety of dangers. Risks of nicotine exposure during adolescence can harm brain development and lead to addiction. The health risks of vaping among youth and young adults include respiratory ailments; negative impacts on attention, learning, and memory; and exposure to toxic ingredients contained in vaping products. The long-term effects related to exposure to vaping products remain unknown (SAMHSA, 2020). The Maricopa County Attorney’s Office (MCAO) reported 51% of high school students in Arizona have tried a vaping device at least once. By providing tobacco prevention education and/or resources to our community stakeholders, we can help prevent youth from starting habits that could hurt their health and development long term. 2. PURPOSE The purpose of this Memorandum of Understanding is to prevent the initiation of youth tobacco/vaping use, provide education about the harmful effects of tobacco, and enrich youth with the skills to develop healthy behaviors. 3. TERM The Term of this Memorandum of Understanding shall begin on July 1, 2023, continuing until June 30, 2025. This MOU shall be effective through the end of this Term unless terminated earlier by either party as detailed below. 4. TERMINATION Either Party may terminate this MOU, in whole or in part, at any time before the date of the Term expiration by giving thirty (30) days written notice to the other Party. This MOU may be cancelled pursuant to ARS § 38-511. Upon termination of the MOU, all tangible and intangible property related to this MOU shall be returned to MCDPH. 5. RESPONSIBILITIES OF BOTH PARTIES MCDPH Shall: 1. Recommend Tobacco Prevention and Cessation Programs. 2. Support the coalitions by providing a selection of evidence-based tobacco and/or vaping prevention resources at no cost to the coalition. 3. Provide supplemental materials as requested and as funding allows. 4. Provide cessation referral resources for the ASHLine (Arizona Smokers Helpline). 5. Provide instructions and templates for Pre and Post Surveys that adhere to ARS § 15-117 for data collection purposes. a. Pre and Post surveys will be anonymous and will not contain any student identifiers. 6. Analyze, and prepare a non-identifiable, aggregate report on the Pre and Post Survey results. Report will be shared with the coalition within 30 days of receiving the coalition’s Facilitator Summary, pre, and post survey data. MCDPH will also share aggregate report results with the Arizona Department of Health Services. 7. Provide support and/or technical assistance to the Coalition as requested. The 3PC Peoria Primary Prevention Shall: 1. Select at least one of the MCDPH recommended evidence-based curriculums within the MOU period. 2. Provide staff that will implement the selected curriculum at designated schools. Staff will ensure fidelity to the curriculum by adhering to the selected curriculum’s implementation guidelines. 3. Adhere to the following timelines: a. Administer the Pre-Survey to students prior to implementation of selected curriculum. b. Administer the Post-Survey to students after completion of selected curriculum. c. Within 30 days of curriculum implementation, collect and submit Pre and Post Surveys to MCDPH. d. Within 30 days of curriculum implementation, complete Facilitator Summary and submit to MCDPH. 4. Provide cessation referral resources for the ASHLine (Arizona Smokers Helpline). 5. Request support or technical assistance from MCDPH as needed. 6. CONFIDENTIALITY Both parties understand and concur that this MOU is subject to all State and Federal laws protecting participant confidentiality, including the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). Participant confidentiality will be maintained equally for all individuals present for service whether provided by MCDPH or the Coalition. The use of or disclosure by either Party of any information concerning an eligible individual served under this MOU is directly limited to the fulfillment of this MOU. 7. RETENTION AND INSPECTION Of RECORDS The Parties shall retain and shall contractually require each Coalition and any of their subcontractors to retain, all books, accounts, reports, files, and other records until completion of the MOU and to make such documents open to inspection and audit at reasonable times. 8. NONDISCRIMINATION The Parties shall comply with all applicable State and Federal employment laws, rules, and regulations which require that all persons shall have equal access to employment and education opportunities regardless of race, color, religion, disability, sex (including sexual preference/identity), age, national origin, veteran’s status, genetic code, or political affiliation during the term of this MOU. 9. INDEMNITY Unless otherwise expressly provided, the Coalition and MCDPH shall be individually responsible for the conduct of its own operations and performance of obligations under this MOU and for any accidents, injuries to or the death of persons or damage or loss of property arising out of negligent or wrongful acts omissions by its officers, agents or employees acting in the course or scope of their employment and/or while performing duties undertaken pursuant to this MOU. To the extent allowed by law, the Coalition and MCDPH shall each defend and indemnify the other for the acts or omissions of its own officers, agents, or employees acting in the course or scope of their employment that may lead to any claims, liability, loss, or expense brought against the other party, including reasonable costs, collection expenses, and attorney’s fees incurred in the defense of the claim. 10. GOVERNING OF LAW This MOU shall be construed under the laws of the State of Arizona and shall incorporate by reference all laws governing the mandatory contract provisions of state agencies required by statute or executive order. 11. RIGHTS OF PARTIES ONLY The terms of this MOU are intended only to define the respective rights and obligations of the Parties. Nothing expressed herein shall create any rights or duties in favor of any potential third-party beneficiary or other person, agency, or organization. 12. AUTHORITY OF PARTIES The persons executing this MOU on behalf of the Parties hereby represent and guarantee that they have been authorized to do so on behalf of themselves and the entity they represent. Further representation is made that due diligence has occurred, and that all necessary internal procedures and processes, including compliance with the open meeting law where necessary, have been satisfied to legally bind the entity to the terms of this MOU. 13. AVAILABILITY OF FUNDS Should MCDPH determine that funds are not available for continuing the services; the Parties may cancel this MOU. Every performance of the parties under this MOU is conditioned upon the availability of funds appropriated, allocated or granted for performance. If funds are not available for the continuance of this MOU, this MOU may be terminated by either Party at the end of the period for which funds are available. No liability shall accrue to either Party in the event of termination, and neither Party shall be obligated or liable for any future performance, payments or for any damages because of termination under this paragraph. 14. AMENDMENTS Any changes to this MOU shall be in writing and signed by both Parties. 15. COMPENSATION There will be no compensation provided to either Party under this MOU. 16. NOTICES Communication and details concerning this MOU shall be directed to the following representatives: Michael Wydra Tobacco Prevention & Cessation Manager Maricopa County Department of Public Health Office of Tobacco Prevention and Cessation 4041 N. Central Ave Suite 1400 Phoenix, AZ 85012 (480) 798-9196 Michael.Wydra@maricopa.gov IN WITNESS WHEREOF, THE PARTIES ENTER INTO THIS MEMORANDUM OF UNDERSTANDING: FOR AND ON BEHALF OF MARICOPA COUNTY 3PC PEORIA PRIMARY PREVENTION By: __________________________________ Authorized Designee Chairman, Board of Supervisors Date By: _Piper Fritz_ ATTEST Coalition Staff _____________________________________ Clerk of the Board Date __Peoria Primary Prevention Coalition (3PC)__ Name of Coalition APPROVED AS TO FORM _____________________________________ 12/06/2023 Attorney for Maricopa County Date Date