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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: C-86-22_________
2. Agreement Type: _
Fixed Price
3.
Agreement Amount: $250,000
4. Purpose: Education and Training
5.
Start Date:
July 1, 2023,
6. Expiration Date:
May 31, 2024
This Intergovernmental Agreement
is entered into by and between Maricopa County Community College District
(MCCCD) (referred to as Contractor , and Maricopa County, by and through its Department of Public Health (MCDPH) (referred
to as County . Contractor and the
Contractor, in
consideration of the covenants and conditions set forth, 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: Maricopa County Community College District
Phone (480) 731-8240
Address: 2411 West 14th Street Tempe, AZ 85281_________________
Notice to Department:
MCDPH Grants/Contract Unit
Phone: (602) 372-0674
Address: 4041 North Central Avenue, Suite #1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
MARICOPA COUNTY BOARD OF SUPERVISORS
Signature
Signature
Name
Name
Clint Hickman
Title
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 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 in proper form and is within the powers and
authority granted under the laws of the State of Arizona.
Signature
Signature
Date
Date
Deputy County Attorney
SECTION I
GENERAL PROVISIONS
2
1.
EFFECT
To the extent the Special Provisions conflict with the General Provisions, the Special
Provisions shall control. To the extent the Work Statement and the Special or General
Provisions 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.
G.
Sponsored Student means the person participating in program who is being
supported by the funding agency.
3.
GENERAL REQUIREMENTS
A.
The terms of this Agreement shall be governed by 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.
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.
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.
SECTION I
GENERAL PROVISIONS
3
6.
RECORDS, AUDITS, AND DISALLOWANCES
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 shall retain all financial books, records, and other
documents related to this Agreement for 5 years after final payment or until after
the resolution of any audit questions, which could be more than 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 all such financial books, records, and other documents.
C.
If the Contractor's books, records, and other documents related to this Agreement
are not sufficient to support and document that allowable services were provided
to eligible clients, the Contractor shall reimburse the County for the services not
adequately supported and documented.
D.
The Contractor shall, upon written demand, 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.
E.
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.
7.
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 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 is made available to continue the medical service.
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, provided that such services
are performed in accordance with the provisions of this Agreement. The County
SECTION I
GENERAL PROVISIONS
4
shall give written notice of the effective date of any suspension, amendment, or
termination under this section at least 10 days in advance.
8.
CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
A.
The Contractor shall, during the term of this Agreement, immediately inform the
County in writing of the award of any other contract or grant that may affect either
the direct or indirect costs being paid or reimbursed under this Agreement. Failure
by the Contractor to notify the County of such award shall be considered a material
breach of this Agreement and the County may immediately terminate this
Agreement without liability.
B.
Upon request, the Contractor shall provide within 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.
9.
DEFAULT
The County may suspend, modify, or terminate this Agreement immediately by giving
written notice to the Contractor for: 1) material breach of any contractual obligation, 2)
non-performance of any stated objectives, or 3) upon any event that would jeopardize the
ability of the Contractor to perform its contractual obligations. Unless expressly stated
otherwise this in this Agreement, such determination will not be made until such time as
the Disputes process has been exhausted.
10.
TERMINATION
A.
Either Party may terminate this Agreement at any time with 90 days prior written
notice made 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.
C.
The County may terminate this Agreement upon 24
when the County
deems the health or welfare of a patient is endangered or the Contractor non-
compliance jeopardizes funding source financial participation.
D.
Either Party has the right to terminate this Agreement for cause upon 14 days
written notice and if more than one activity is funded by this Agreement the County
may terminate any part of the Work Statement obligations without impairing the
remaining obligations, for any of the following reasons:
(1)
Breach of this Contract which is not corrected within 14 days after written
notice by registered mail, return receipt requested.
SECTION I
GENERAL PROVISIONS
5
(2)
Inability to discharge the duties and responsibility under this Contract for a
continual period of 30 days or more.
E.
This contract is subject to cancellation pursuant to A.R.S. § 38-511.
F.
If County terminates this Agreement prior to the expiration date, County will remain
responsible for payment to Contractor for all work and services performed through
the date of termination and for reimbursement to Contractor of all non-cancellable
commitments incurred in the performance of the work or services. Upon
termination, the property purchased in furtherance of this Agreement will remain
the property of the purchasing Party, unless expressly specified otherwise.
G.
Upon termination or expiration, the property purchased in furtherance of this
Agreement will remain the property of the purchasing Party, unless expressly
specified otherwise.
11.
SEVERABILITY
If any court finds that any provision of this Agreement is invalid, all the remaining
provisions shall remain in full force and effect.
12.
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.
13.
NON-LIABILITY
A. The County and its officers, representatives, agents, and employees shall not be liable
for any act or omission by the Contractor or any subcontractor, employee, officer,
agent, or representative of the Contractor or any subcontractor occurring in the
performance of this Agreement, nor shall they be liable for purchases or contracts
made by the Contractor or any subcontractor in connection with this Agreement.
B. The Contractor and its officers, representatives, agents, and employees shall not be
liable for any act or omission by the County or any County subcontractor, employee,
officer, agent, or representative of the County or any County subcontractor occurring
in the performance of this Agreement, nor shall they be liable for purchases or
contracts made by the County or any County subcontractor in connection with this
Agreement.
14.
INDEMNITY
the other
arising out of bodily injury of any person (including death) or property damage, but only to
the extent that such Claims, are caused by the act, omission, negligence, misconduct, or
other fault of Indemnitor, its officers, agents, employees, or volunteers.
SECTION I
GENERAL PROVISIONS
6
15.
COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that it has not utilized any person or entity to solicit this
Agreement for a commission or contingent fee. The County may immediately terminate
this Agreement without liability for breach of this warranty.
16.
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
such information in accordance with all applicable federal, state, and local laws, rules, and
regulations, including the Health Insurance Portability and Acc
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 is directly limited to services under
this Agreement subject to applicable federal, state, and local laws and regulations.
financial, and patient
specific information shall exist after termination or expiration of this Contract. County shall
assist Contractor regarding
17.
RIGHTS IN DATA
The Parties may use all data and reports resulting from this Agreement without cost or
other restriction, except as otherwise restricted by this Agreement 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.
18.
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, 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.
19.
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.
20.
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, pregnancy, childbirth, or medical conditions related
to pregnancy or childbirth, political affiliation or religious affiliation or ideas, culture, creed,
social origin or condition, genetic information, sexual orientation, gender identity or
expression, national origin, ancestry, age, disability, military service or veteran status, or
marital status. The Contractor shall take affirmative action to ensure that applicants are
SECTION I
GENERAL PROVISIONS
7
employed and that employees are treated during employment without regard to their race,
color, religion, sex, pregnancy, childbirth or medical conditions related to pregnancy or
childbirth, political affiliation or religious affiliation or ideas, culture, creed, social origin or
condition, genetic information, sexual orientation, gender identity or expression, national
origin, ancestry, age, disability, military service or veteran status, or marital status. 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, as
amended by Executive Order 2023-01, 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.).
21.
RIGHT TO EXTEND AGREEMENT
Subject to the availability of funds and acceptable Contractor performance, the Parties
may by a mutually signed writing extend this Agreement for additional one-year periods,
not to exceed a total extended term of 5 years, except that the cost will be subject to
renegotiation.
22.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A.
The undersigned, an authorized representative of the Contractor, certifies, to the
best of his or her knowledge and belief, that the Contractor, defined as the primary
participant in accordance with 2 C.F.R. Part 180, 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 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
SECTION I
GENERAL PROVISIONS
8
covered transactions (i.e., transactions with subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
23.
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.
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 authorized government entity retains the legal right to
inspect the papers of any employee of any contractor or subcontractor who works
under this Agreement to ensure compliance 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.
24.
CIVIL SERVICES DIVISION
The parties to this agreement acknowledge that they are aware that the Civil Services
attorney for other parties to this agreement, and the signing party acknowledges that it is
aware of a potential conflict of interest, and it waives any claim of conflict of interest, which
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SECTION II
SPECIAL PROVISIONS
9
1.
EFFECT
To the extent that the Special Provisions conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement(s) conflict with the Special
or General Provisions, the Work Statement(s) shall control.
2.
DISPUTES
Except as otherwise provided by law, any dispute not involving a question of law arising
out of this Agreement that is not resolved between the Parties within 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 10 days from the date the Contractor knew or should have known
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 14 days.
C.
The Contractor may abide by the decision or may appeal the decision to
the Director of the Department within 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; If possible, the
arbitrator shall be an attorney with at least 15 years of experience, including
at least 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.
This Paragraph shall not apply to claims arising from bodily injury, death, or property
damage.
3.
CHANGES
A.
The Department 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:
SECTION II
SPECIAL PROVISIONS
10
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 program budgets.
B.
The order will not increase or decrease the maximum reimbursable amount to be
paid the Contractor. 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 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 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 12
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 30
days of issuance. The County reserves the right to engage an auditor, at the
-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
A.
The Contractor shall have in effect at all times during the term of this Agreement,
SECTION II
SPECIAL PROVISIONS
11
insurance or comparable self-insurance that is adequate to protect the County, its
officers, employees, property, and equipment against the losses 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 that it is
self-insured.
B.
The following types and amounts of insurance are required as minimums:
1.
and unemployment insurance as required by law.
2.
Unemployment insurance as required by Arizona law.
3.
Public liability, bodily injury, and property damage policies that insure
against claims for liability for the Contrac
of unsafe vehicles, facilities, or equipment brought by clients receiving
services pursuant to this Agreement and by lawful visitors of such clients.
The limits of the policies shall not be less than $2,000,000 per occurrence
and $4,000,000 aggregate.
C.
Automobile and Truck Liability, Bodily Injury and Property Damages:
1.
General liability, each occurrence; $1,000,000
2.
Property damage; $1,000,000
3.
Combined single limit; $1,000,000
D.
Standard minimum deductible amounts are allowable. Any losses applied against
insurance deductible are the sole responsibility of the Contractor.
E.
Professional Liability:
1.
Insurance for the Contractor and its agents, employees, and other staff
shall be maintained with coverage limits of $1,000,000 per person,
$3,000,000 per occurrence.
2
The Contractor agrees that in the event it, or any of its agents, employees,
and other staff working under this Agreement, is named as a defendant in
litigation, or is identified in a written notice of claim, wherein professional
misconduct is alleged, and such allegations arise under the services or
terms of this Agreement, the Contractor will promptly notify the Department
in writing. The duty to notify under this paragraph applies whether or not
the County is alleged to be involved, is named as a party to the matter, or
could be potentially liable as a party.
F.
The Contractor shall immediately inform the Department of any cancellation of its
insurance or any decrease in its lines of coverage at least 30 days before such
action takes place.
G.
In the event the Contractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a Certificate of Self-
Insurance. If the Contractor(s) is/are a State of Arizona agency, board,
SECTION II
SPECIAL PROVISIONS
12
commission, or university, none of the above shall apply.
6.
COUNTY SCHOOL OFFICIAL
County is a School Official for purposes of sharing Sponsored Student Information.
Contractor may provide to County as a School Official the following information
regarding Sponsored Students: enrollment status: grades: and information required for
admission to the Program including the results of background checks, drug screenings
and immunization status.
7.
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.
8.
REPORTING REQUIREMENTS
If requested by the County, the Contractor shall submit annual progress reports on or
before the third day of the month following the end of the reporting period.
9.
SPONSORSHIP ACKNOWLEDGMENT
All promotional materials prepared by the Contractor relating to this Agreement shall
include the following statement,
10.
ADMINISTRATIVE REQUIREMENTS
A. The Contractor, as a subrecipient of funds under the Centers for Disease Control and
-19 Health Disparities Grant, shall be in compliance and
remain in compliance throughout the term of the contract with 2 C.F.R. 200. County
staff will monitor the
compliance with, and performance under, the terms
and conditions of the Agreement. The Contractor shall make available for inspection
and/or copying by the County's monitoring of all records and accounts relating to the
work performed or the services provided under the Agreement. Contractor shall be
monitored for fiscal, program delivery, and Agreement compliance annually or more
often as needed.
B. Contractor shall comply with federal requirements to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used, when possible,
pursuant to 2 C.F.R. § 200.321.
C. Contractor shall comply with federal requirements for domestic preferences for
procurement, pursuant to 2 C.F.R. § 200.322.
D. Contractor shall comply with federal requirements for procurement of recovered
materials, pursuant to 2 C.F.R. § 200.323.
SECTION II
SPECIAL PROVISIONS
13
E. Contractor shall comply with federal requirements under the Clean Air Act and the
Federal Water Pollution Control Act, as provided for in 2 C.F.R. Appendix II to Part
200, subsection G.
F. Contractor certifies that it complies with the requirements of the Byrd Anti-Lobbying
Amendment, as provided for in 2 C.F.R. Appendix II to Part 200, subsection I.
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SECTION III
WORK STATEMENT
14
1.
PURPOSE:
The purpose of this agreement is for Maricopa County Community College District to
provide coordinated clinical and instructional programs for the education and training of
Sponsored Students within Maricopa County to become Community Health Workers.
Sponsored Students will be enrolled using MCCCD Enrollment Concierge Service. The
Concierge Service will offer dedicated admissions and program navigation, advising,
success coaching, and coordination for onsite or virtual College classes. Enrollment
Concierge Services will include the following elements:
Customized wraparound services for students
Admission processes
Collection of pre-requisites and pre-admissions requirements
Enrollment processes,
Third-Party billing processes (training fees and books)
Sponsored Students must meet all pre-admission requirements before enrolling in the
Program.
Sponsored Students will select from the existing course offerings in the Program. If
fourteen (14) or more Sponsored Students intend to enroll in a Program class, the
Colleges may offer an exclusive class section for them.
2. RESPONSIBILITIES OF THE CONTRACTOR
A.
The College will reserve places in courses of the program each semester for
Sponsored Students.
B.
College shall designate a representative to the other party for implementation of
this Agreement and agree to notify the other party within fourteen (14) days of any
change in its designated representative.
3.
RESPONSIBILITIES OF COUNTY
A.
County shall designate a representative to the other party for implementation of
this Agreement and agree to notify the other party within fourteen (14) days of any
change in its designated representative.
B.
At least fourteen (14) days before the Colleges open enrollment in the Program for
the coming semester the Agency representative will inform the College
representative in the manner designated by the Colleges of the Sponsored
Students who intend to enroll in the Program.
C.
County will provide clinical placement hours for Sponsored Students to
successfully complete the Program.
D.
MCDPH agrees to enroll a minimum of 21 students between September 2023 and
May 2024. Students may be a mix of County residents and Out-of-State students.
SECTION IV
COMPENSATION
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4.
COMPENSATION
A.
MCDPH will pay MCCCD for Sponsored Students full instructional charges, fees,
current approved Instructional Charges and
Fee Schedule (Addendum A). The schedule is subject to change annually on July
1 of each year. MCCCD will invoice MCDPH each semester with an itemized
breakdown of course cost (instructional charges, fees, and materials.
B.
Financial support for the Sponsored Students is provided by the Centers for
Disease Control and Prevention of the U.S. Department of Health and Human
Services (HHS) as part of a financial assistance award totaling $26,562,053 with
100 percent funded by CDC/HHS. The content of the training provided is that of
the parties to this agreement and do not necessarily represent the official views of,
nor an endorsement, by CDC/HHS, or the U.S. Government
C.
The Agreement amount is not-to-exceed $250,000. All funds must be spent by
May 31, 2024. The Agreement amount for each year of the subsequent years of
the term will be negotiated based on
the availability of
funds.
5.
METHOD OF PAYMENT
A.
The Contractor shall submit one 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 Serial 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 30 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
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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 meanin
Agreement.
E.
The Contractor understands and agrees that the County will not honor any claim
for payment submitted 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 60 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 invoices to:
Maricopa County Department of Public Health
ATTN: Nina Lindsey
4041 N Central Ave, Suite 700
Phoenix, AZ 85006
E-mail: nina.lindsey@maricopa.gov
6.
NOTICE
Any notice given under this Agreement shall be sent to the attention of the following:
MARICOPA COUNTY
Maricopa County Department of
Public Health
Health Disparities
MARICOPA COUNTY COMMUNITY
COLLEGE DISTRICT
District Director
Health Care Education
4041 N. Central Ave, Suite 700
Phoenix, AZ 85012
Attn: Nina Lindsey
2411 West 14th Street
Tempe, AZ 85281
Grants and Contracts Unit
Maricopa County Department of
Public Health
Grants and Contracts Unit
Attn: Grants Administrator
4041 N Central Ave, Suite 1400
Phoenix, AZ 85012