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Intergovernmental Agreement (IGA)
Agreement No.: DI23-002395
Description: Coordination - Housing Support Services
05/13/2022Intergovernmental Agreement v3Page 1 of 18
Attested to:
_______________________________________
Juanita Garza, Clerk of the Board Date
Agreement between the Arizona Department of Economic Security ("ADES") and Maricopa County,
Administered by its Human Services Department ("Contractor").
WHEREAS ADES is duly authorized to execute and administer contracts under A.R.S § 41-1954 and
§ 1954(A)(19),
The Contractor is duly authorized to execute and administer contracts under A.R.S. §11-251 et seq. and,
ADES and the Contractor are authorized by A.R.S. § 11-952 et seq. to enter into agreements for joint or
cooperative action to contract for the services specified in this Agreement.
The term of this Agreement shall begin on July 1, 2023 or date of last signature and shall end on June 30,
2024, unless otherwise amended.
THEREFORE, ADES and Contractor (the “Parties”) agree to abide by all the terms and conditions set forth in this
Agreement.
BY SIGNING THIS FORM ON BEHALF OF A PARTY, THE SIGNATORY CERTIFIES POSSESSING THE AUTHORITY TO BIND THE
PARTY TO THIS AGREEMENT.
FOR AND ON BEHALF OF THE ARIZONA
DEPARTMENT OF ECONOMIC SECURITY:
FOR AND ON BEHALF OF THE MARICOPA
COUNTY ADMINISTERED BY ITS HUMAN
SERVICES DEPARTMENT:
Procurement Officer Signature
Signature
Printed Name
Clint Hickman
Printed Name
Title
Chairman, Board of Supervisors
Title
Date
Date
ADES Contract Number
Contractor’s Contract Number (If applicable)
IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT IS IN APPROPRIATE FORM AND WITHIN THE POWERS
AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY.
ARIZONA ATTORNEY GENERAL’S OFFICE
By: ___________________________________
By: _________________________________________
Assistant Attorney General
Public Agency Legal Counsel
Date: __________________________________
Date: ________________________________________
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Agreement No.: DI23-002395
Description: Coordination - Housing Support Services
05/13/2022Intergovernmental Agreement v3Page 2 of 18
1.0
ADES VISION AND MISSION STATEMENTS
1.1
ADES Vision: All Arizonans who qualify receive timely ADES services and achieve their
potential.
1.2
ADES Mission: ADES makes Arizona stronger by helping Arizonans reach their potential
through temporary assistance for those in need and care for the vulnerable.
2.0
PURPOSE OF AGREEMENT
2.1
Purpose Statement: The purpose of this Agreement is for the Contractor to administer a
program to rapidly provide permanent housing for Participants who are experiencing
homelessness and to provide Emergency Shelter for the individuals and households
while permanent housing options are located, by developing, establishing and
maintaining competitively sourced contracts with Qualified Service Providers within the
geographic area of the Maricopa Regional Continuum of Care (CoC). Qualified Service
Providers may provide one, or a combination of program components, which include:
2.1.1
Emergency Shelter;
2.1.2
Street Outreach;
2.1.3
Rapid Re-Housing; and
2.1.4
Homeless Prevention.
3.0
DEFINITIONS
3.1
Continuum of Care (COC): Private nonprofit organizations, states, and local
governments, that promotes community-wide commitment to the goal of ending
homelessness. Provides funding to nonprofit providers, and state and local governments,
to quickly re-house homeless individuals and households to minimize trauma and
dislocation; promotes access to and effective utilization of mainstream programs; and
optimizes self-sufficiency among individuals and households experiencing homelessness.
3.2
Participant(s): A single individual or group of persons with or without children who either
currently live together in one dwelling unit or would live together in one dwelling unit
where they are able to maintain suitable housing accommodations.
3.3
Qualified Service Provider: An organization awarded a contract to provide the program
components to Participants as approved by Maricopa County.
3.4
Temporary Assistance for Needy Families Eligibility (TANF): A program designed to
help needy families achieve self - sufficiency. States receive grants to design and operate
programs that accomplish one (1) of the purposes of the TANF program. Eligibility for the
Cash Assistance program is based on:
3.4.1
Citizenship; qualified noncitizen resident status; Arizona residency;
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Description: Coordination - Housing Support Services
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3.4.2
Limits on resources and monthly income eligibility guidelines (see Cash
Assistance (CA) Income Eligibility Guidelines);
3.4.3
Families that have a social security number;
3.4.4
Children must be 18 years of age or younger. If a child is older than 18, he/she
must be a full time student with an expected graduation date before the age of
20.
3.4.5
Pregnant women are eligible for TANF during the month before their scheduled
due date.
4.0
SERVICE DESCRIPTION
4.1
To partner and administer contracts with Qualified Service Providers to assist
Participants to quickly regain stability in permanent housing after experiencing a housing
crisis and/or homelessness through the following four (4) Program Components:
4.1.1
Emergency Shelter services may be provided by a government entity or nonprofit
organization who provides a safe place to sleep, food, supplies, transportation, and
essential services such as case management, licensed child care, education
services, employment assistance and job training, outpatient health services, legal
services, life skills training, mental health services, substance abuse treatment
services and services to special populations.
4.1.2
Street Outreach services are activities including essential services to meet the
immediate needs of people in unsheltered locations by connecting them with
Emergency Shelter, housing, or critical services, and providing them with urgent,
non-facility-based care. Services also include street engagement, case
management, emergency health and mental health services, transportation, and
services for special populations.
4.1.3
Rapid Re-Housing services provide temporary short and medium term assistance
to obtain and maintain housing including but not limited to housing relocation and
stabilization services, rental, financial assistance, and case management.
4.1.4
Homeless Prevention services include but are not limited to rental and financial
assistance, case management, housing relocation and stabilization services that
prevent Participants from becoming homeless, or moving to an Emergency
Shelter, or a place not meant for human habitation.
4.2
Program Component Eligibility Criteria:
4.2.1
Program Component eligibility is based on the following criteria for defining
Homeless Categories:
4.2.1.1
Category 1 - Literally Homeless,
4.2.1.2
Category 2 - Imminent Risk of Homelessness,
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Agreement No.: DI23-002395
Description: Coordination - Housing Support Services
05/13/2022Intergovernmental Agreement v3Page 4 of 18
4.2.1.3
Category 3 – Homeless Under Other Federal Statutes: and
4.2.1.4
Category 4 - Fleeing or Attempting to Flee Domestic Violence (DV)
(see Criteria and Recordkeeping Requirements for Definition of
Homelessness).
4.2.2
The following program component eligibility criteria must be met:
4.2.2.1
Emergency Shelter is provided to Participants as determined by
United States Department of Housing and Urban Development
(HUD) and who qualify as Category 1 - Literally Homeless or
Category 4 - Fleeing or Attempting to Flee Domestic Violence (DV).
4.2.2.2
Street Outreach is provided to Participants as determined by HUD
and who qualify as Category 1 - Literally Homeless or Category 4 -
Fleeing or Attempting to Flee DV.
4.2.2.3
Rapid Re-Housing is provided to Participants as determined by
HUD and who have qualified as Category 1 - Literally Homeless or
Category 4 - Fleeing or Attempting to Flee DV.
4.2.2.4
Homeless Prevention is provided to Participants as determined by
HUD and who qualify as: Category 2 - Imminent Risk of
Homelessness.
5.0
RESPONSIBILITIES
5.1
ADES and the Contractor agree as follows:
5.2
The Contractor shall:
5.2.1
Develop, solicit competitively, and establish contracts with Qualified Service
Providers within the geographic area of the CoC for one or a combination of the
following program components: Emergency Shelter, Street Outreach, Homeless
Prevention and Rapid Re-Housing.
5.2.1.1
Ensure contents of contracts with Qualified Services Provider meet
all the requirements outlined within this Agreement.
5.2.1.2
Evaluate the potential Qualified Service Provider(s) method of
approach as well as service delivery experience in assisting
homeless individuals to determine if they are a Qualified Service
Provider. This includes assessing their ability to provide stabilization
services, case management, housing relocation as well as
connection to appropriate mainstream services for continued
support.
5.2.1.3
Provide a copy of the executed contracts to ADES within thirty (30)
days of award.
5.2.2
Administer and maintain established contracts with Qualified Service Providers.
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5.2.3
Collaborate with other organizations, as needed, in order to provide ongoing
technical assistance and training. Provide the following:
5.2.3.1
Technical assistance through procedural interpretation or by
additional research upon request;
5.2.3.2
Develop and present initial and refresher training to Qualified Service
Providers staff as deemed necessary;
5.2.3.3
Hold monthly meetings with Qualified Service Providers to
communicate new developments, discuss problems, share ideas for
improvements, and address other Contractor or ADES identified
topic areas;
5.2.4
Adhere to the HUD Emergency Solutions Grants (ESG) regulations 24 CFR Part
576, as may be amended..
5.2.5
Coordinate with ADES annually in providing information pertinent to completing
the ADES Annual Action Plan and Consolidated Annual Performance and
Evaluation Report (CAPER).
5.2.6
Establish a process for determining and documenting TANF eligibility.
5.2.6.1
Qualified Service Providers must note if Participants meet the TANF
requirements of having a dependent child and whose income is at or
below 250 percent of poverty. If any Participants meet the TANF
requirement, the Qualified Service Providers must check a “TANF
Eligible” box on their invoice.
5.2.6.2
A Participant does not need to meet the TANF requirements to
receive services.
5.2.7
Develop and submit a monitoring schedule and monitoring tools to ADES for
approval within 90 days of Agreement execution. Monitoring schedule should be
to conduct on-site monitoring for all Qualified Service Providers.
5.2.8
Monitoring should include but not be limited to:
5.2.8.1
Facilities,
5.2.8.2
Administrative and financial operations,
5.2.8.2.1
If the Qualified Service Provider elects to use the 10% de
Minimis rate for indirect costs, they must complete and
submit the Certification of de Minimis Indirect Cost Rate form
(Exhibit A, as may be amended)
5.2.8.2.2
If the Qualified Service Providers elects to use a federally
negotiated indirect cost rate, they must provide a copy of the
rate agreement with the Itemized Service Budget. If the
federally approved indirect cost rate changes or is allowed to
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Agreement No.: DI23-002395
Description: Coordination - Housing Support Services
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expire within the contract period, the Qualified Service
Providers must notify the Contractor of the changes.
5.2.8.3
Programmatic service delivery,
5.2.8.3.1
Ensure compliance with ESG regulations noted in 24 CFR
Part 576 and 2 CFR Part 200.
5.2.8.3.2
Ensure expenditures are allowable, allocable, and
reasonable (see 2 CFR Part 200).
5.2.8.3.3
Ensure compliance with, sections Section 21 Indemnification
and Insurance Requirements, Section 32. Fingerprinting,
Section 33. Central Registry, and Section 35. Records.
5.2.9
Address any non-performance findings identified during monitoring and
immediately inform ADES.
5.3
ADES will:
5.3.1
Collaborate with Contractor to plan, organize, and facilitate engagement activities
with Qualified Service Providers.
5.3.2
Coordinate quarterly meetings with Contractor to assess progress, data, trends
and service outcomes associated with ADES allocated funding. Additional
meetings may be scheduled as needed or deemed necessary by ADES and/or
Contractor.
6.0
EXTENSION
6.1
This agreement may be extended through a mutual written agreement of the parties.
7.0
TERMINATION
7.1
This agreement may be terminated by mutual agreement of the parties at any time during
the term of this agreement.
7.2
Each Party shall have the right to terminate this agreement by written request to the other
Party. Written notice of termination shall be received by either party at least ninety (90)
days prior to the effective date of said termination.
8.0
AMENDMENTS
8.1
This agreement may be amended only by mutual written amendment. No agent,
employee or other representative of either Party is empowered to alter any of the terms of
the agreement, unless amended in writing and signed by the authorized representative of
the respective Parties.
8.2
Either Party shall give written notice to the other Party of any non-material alteration that
affects the provisions of this agreement. Non-material alterations that do not require a
written amendment are as follows:
8.2.1
Change of telephone number;
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8.2.2
Change in authorized signatory; and/or
8.2.3
Change in the name and/or address of the person to whom notices are to be
sent.
9.0
MANNER OF FINANCING
9.1
Fund sources that support this service include HUD ESG, Temporary Assistance for
Needy Families (TANF), Social Services Block Grant (SSBG), Lottery, State Homeless
funds, and additional funding sources as may be available.
9.1.1
ADES will provide an estimated $722,916 ESG funding annually to the
Contractor.
9.1.2
ADES will provide the match funding up to $722,916 annually from TANF, SSBG,
Lottery, State Homeless Funds, and other fund sources as available to the
Contractor to meet the match requirement outlined in section 9.2.
9.1.3
ADES will provide a funding breakdown of total expenditures to the Contractor
upon request.
9.2
Match requirements: ADES utilizes a combination of other federal and state funding to
meet the match requirement and provide leverage funding in accordance with 24 CFR
Part 576.201 and
9.3
Administrative funds: Local government contractors (i.e. city or county governments)
may elect to request administrative funds. If requested, States must share administrative
funds with their local government contractors. Up to 7.5% of a Contractor’s fiscal year
grant can be used for administrative activities, such as general management, oversight,
coordination, and reporting on the program upon request to ADES. For specific
requirements and eligible costs, see 24 CFR Part 576.108.
9.3.1
ADES shall provide up to 7.5% of the Contractor’s ESG allocation in State Fiscal
Year 2024, plus an additional $54,218 in administrative funds. However, in
subsequent State Fiscal Years, ADES shall only provide up to 7.5% of the
Contractor’s ESG allocation in administrative funds.
10.0
REPORTING REQUIREMENTS
The Contractor shall provide to ADES the following reports:
10.1
Submit all notices/correspondence relevant to this contract electronically to the assigned
Contract Specialist, or as directed by ADES.
10.2
Directly input accurate and complete monthly financial billing information for all
expenditures into the Division of Aging and Adult Services Reporting System (DAARS),
or as directed by ADES, by the twentieth (20th) day following the end of each month.
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Agreement No.: DI23-002395
Description: Coordination - Housing Support Services
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10.2.1 Upload all required activity reports with the financial billing each month. ADES
will not process an invoice until all reports have been uploaded into DAARS.
10.3
Input into HMIS, data from each ADES funded Qualified Service Provider, accurately,
completely, and timely, for each occurrence in which the client was served in accordance
with the CoC HMIS Data Quality Plan and the data quality standards as defined by HUD
(see ESG Program HMIS Manual). Accurate maintenance of reporting for each ADES
funded program is required throughout the term of this contract.
10.3.1 Submit the ESG CAPER located in HMIS for each ADES ESG funded activity
(Street Outreach, Emergency Shelter, Rapid Re-Housing, Homeless Prevention)
by the twentieth (20th) day following the end of each month.
10.3.2 Submit the Returns to Homelessness After Positive Exit Destination Report for
each ADES ESG-funded activity (Street Outreach, Emergency Shelter, Rapid
Re-Housing, Homeless Prevention) by the twentieth (20th) day following the end
of each month.
10.3.3 Submit a final annual Returns to Homelessness After Positive Exit Destination
Report for each ADES ESG-funded activity (Street Outreach, Emergency
Shelter, Rapid Re-Housing, Homeless Prevention) by July 20th of the State
Fiscal Year.
10.4
Provide additional data for ADES funded programs and activities as required by HUD and
as requested by ADES, including aggregate or client-level data, through the HMIS
system and according to approved data sharing agreements. Such reporting shall be for
the purpose of improving access to and quality of service.
11.0
PAYMENT REQUIREMENTS
11.1
Reimbursement to the Contractor is in accordance with actual allowable costs incurred
not to exceed the service reimbursement ceiling as stated in the Itemized Service Budget
(Attachment 1, as may be amended).
11.2
Itemized Service Budget will be reviewed and may be adjusted accordingly based on the
following: changes in award allocations from the funding source, failure to meet
objectives proposed to be served, or programs not spending budgeted funds efficiently.
11.3
If the Contractor or Qualified Service Providers elects to use the 10% de Minimis rate for
indirect costs, they must complete and submit the Certification of de Minimis Indirect Cost
Rate Form (Exhibit A, as may be amended)
11.4
If the Contractor or Qualified Service Providers elects to use a federally negotiated
indirect cost rate, they must provide a copy of the rate agreement with the Itemized
Service Budget. If the federally approved indirect cost rate changes or is allowed to
expire within the contract period, the Contractor must notify ADES of the changes.
12.0
DISPOSITION OF PROPERTY
12.1
None
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13.0
OTHER MATTERS
13.1
None
14.0
APPLICABLE LAW
14.1
This agreement shall be governed and interpreted by the laws of the State of Arizona.
The materials and services supplied under this agreement shall comply with all applicable
Federal, State and local laws, and the Contractor shall maintain all applicable licenses
and permit requirements.
15.0
ARBITRATION
15.1
The Parties to this agreement agree to resolve all disputes arising out of or relating to this
agreement through arbitration, after exhausting applicable administrative review, to the
extent required by A.R.S.§§ 12-1518(B) and 12-133, except as may be required by other
applicable statutes.
16.0
AUDIT
16.1
In accordance with A.R.S. § 35-214, the Contractor shall retain and shall contractually
require each subcontractor to retain all data, books and other records (“records”) relating
to this agreement for a period of five (5) years after the completion of the agreement
except if subject to Health Insurance Portability & Accountability Act which is six (6) years
from the date of final payment. All records shall be subject to inspection and audit by the
State at reasonable times. Upon request, Contractor shall produce the original of any or
all such records.
17.0
CONFIDENTIALITY
17.1
The Contractor shall observe and abide by all applicable State and federal statutes, rules
and regulations regarding the use or disclosure of information including, but not limited to,
information concerning applicants for and recipients of contract services. To the extent
permitted by law, the Contractor shall release information to ADES and to the Attorney
General's Office as required by the terms of this agreement, by law or upon their request.
17.2
The Contractor shall comply with the requirements of Arizona Address Confidentiality
Program, A.R.S. § 41-161 et. seq. ADES will advise the Contractor as to applicable
policies and procedures ADES has adopted for such compliance.
18.0
CONFLICT OF INTEREST
18.1
In accordance with A.R.S. § 38-511, the State may within three years after execution
terminate the agreement, without penalty or further obligation, if any person significantly
involved in initiating, negotiating, securing, drafting or creating the agreement on behalf of
either party, at any time while the agreement is in effect, becomes an employee or agent
of any other party to the Agreement in any capacity or a consultant to any other party to
the agreement with respect to the matter of the agreement.
19.0
E-VERIFY
19.1
In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal
immigration laws and regulations relating to employees and warrants its compliance with
A.R.S. § 23-214, Subsection A.
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20.0
FEDERAL IMMIGRATION AND NATIONALITY ACT
20.1
By entering into the agreement, the Contractor warrants compliance with the Federal
Immigration and Nationality Act. (FINA) and all other Federal immigration laws and
regulations related to the immigration status of its employees. The Contractor shall
obtain statements from its subcontractors certifying compliance and shall furnish the
statements to the Procurement Officer upon request. These warranties shall remain in
effect through the term of the agreement. The Contractor and its subcontractors shall
also maintain Employment Eligibility Verification forms (I-9) as required by the U.S.
Department of Labor’s Immigration and Control Act, for all employees performing work
under the Agreement. I-9 forms are available for download at USCIS.GOV.
20.2
The State may request verification of compliance for any Contractor or subcontractor
performing work under the agreement. Should the State suspect or find that the
Contractor or any of its subcontractors are not in compliance, the State may pursue any
and all remedies allowed by law, including, but not limited to suspension of work,
termination of the agreement for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
21.0
INDEMNIFICATION AND INSURANCE REQUIREMENT:
Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as
"Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's 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, its officers, officials, agents, employees,
or volunteers. The State of Arizona, Department of Economic Security is self-insured per A.R.S.
41-621.
In addition, should Maricopa County Administered by its Human Services Department, utilize
a contractor(s) and subcontractor(s), the indemnification clause between Maricopa County
Administered by its Human Services Department and its contractor(s) and subcontractor(s)
shall include the following:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless the Maricopa County Administered by its Human Services Department and
the State of Arizona, and any jurisdiction or agency issuing any permits for any work
arising out of this agreement, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees (hereinafter referred to as
“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or
expenses (including court costs, attorneys’ fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as “Claims”) 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 contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount arising
out of or recovered under the Workers’ Compensation Law or arising out of the failure of
such contractor to conform to any federal, state or local law, statute, ordinance, rule,
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regulation or court decree. It is the specific intention of the parties that the Indemnitee
shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by such contractor from and against any and
all claims. It is agreed that such contractor will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
Additionally on all applicable insurance policies, contractor and its subcontractors shall
name the State of Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees as an additional insured and also
include a waiver of subrogation in favor of the State.
21.1
INSURANCE REQUIREMENTS FOR GOVERNMENTAL PARTIES TO AN IGA
None.
21.2
INSURANCE REQUIREMENTS FOR ANY CONTRACTORS USED BY A PARTY TO
THE INTERGOVERNMENTAL AGREEMENT
(Note: this applies only to Contractors used by a governmental entity, not to the
governmental entity itself.) The insurance requirements herein are minimum
requirements and in no way limit the indemnity covenants contained in the
Intergovernmental agreement. The State of Arizona in no way warrants that the minimum
limits contained herein are sufficient to protect the governmental entity or Contractor from
liabilities that might arise out of the performance of the work under this Contract by the
Contractor, his agents, representatives, employees or subcontractors, and Contractor
and the governmental entity are free to purchase additional insurance.
21.3
MINIMUM SCOPE AND LIMITS OF INSURANCE
Contractor shall provide coverage with limits of liability not less than those stated below.
21.3.1 Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, and broad form contractual
liability coverage.
●
General Aggregate
$2,000,000
●
Products – Completed Operations Aggregate
$1,000,000
●
Personal and Advertising Injury
$1,000,000
●
Damage to Rented Premises
$ 50,000
●
Each Occurrence
$1,000,000
a) The policy shall be endorsed, as required by this written agreement, to
include the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees as
additional insureds with respect to liability arising out of the activities
performed by or on behalf of the Contractor.
b) Policy shall contain a waiver of subrogation endorsement, as required by
this written agreement, in favor of the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees for losses arising from work performed
by or on behalf of the Contractor.
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21.3.2 Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired and/or non-owned
automobiles used in the performance of this Contract.
●
Combined Single Limit (CSL)
$1,000,000
a) Policy shall contain a waiver of subrogation endorsement, as required by
this written agreement, in favor of the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees for losses arising from work performed
by or on behalf of the Contractor.
b) This requirement shall not apply to each Contractor or subcontractor that
is exempt under A.R.S. § 23-901, and when such Contractor or
subcontractor executes the appropriate waiver form (Sole Proprietor or
Independent Contractor).
21.4
ADDITIONAL INSURANCE REQUIREMENTS
The policies shall include, or be endorsed to include, as required by this written
agreement, the following provisions:
21.4.1 The Contractor's policies, as applicable, shall stipulate that the insurance
afforded the Contractor shall be primary and that any insurance carried by the
Department, its agents, officials, employees or the State of Arizona shall be
excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).
21.4.2 Insurance provided by the Contractor shall not limit the Contractor’s liability
assumed under the indemnification provisions of this Contract.
21.5
NOTICE OF CANCELLATION
22.5.1 Applicable to all insurance policies required within the Insurance Requirements of
this Contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without thirty
(30) days prior written notice to the State of Arizona. Within two (2) business
days of receipt, Contractor must provide notice to the State of Arizona if they
receive notice of a policy that has been or will be suspended, canceled,
materially changed for any reason, has expired, or will be expiring. Such notice
shall be sent directly to the Department and shall be mailed, emailed, hand
delivered or sent by facsimile transmission to (Assigned Contract Specialist or as
directed by ADES).
21.6
ACCEPTABILITY OF INSURERS
22.6.1 Contractor’s insurance shall be placed with companies licensed in the State of
Arizona or hold approved non-admitted status on the Arizona Department of
Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M.
Best” rating of not less than A- VII. The State of Arizona in no way warrants that
the above-required minimum insurer rating is sufficient to protect the Contractor
from potential insurer insolvency.
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21.7
VERIFICATION OF COVERAGE
21.7.1 Contractor shall furnish the State of Arizona with certificates of insurance (valid
ACORD form or equivalent approved by the State of Arizona) evidencing that
Contractor has the insurance as required by this Contract. An authorized
representative of the insurer shall sign the certificates.
a) All such certificates of insurance and policy endorsements must be received
by the State before work commences. The State’s receipt of any certificates
of insurance or policy endorsements that do not comply with this written
agreement shall not waive or otherwise affect the requirements of this
agreement.
b) Each insurance policy required by this Contract must be in effect at, or prior
to, commencement of work under this Contract. Failure to maintain the
insurance policies as required by this Contract, or to provide evidence of
renewal, is a material breach of contract.
c) All certificates required by this Contract shall be sent directly to the
Department. The State of Arizona project/contract number and project
description shall be noted on the certificate of insurance. The State of
Arizona reserves the right to require complete copies of all insurance policies
required by this Contract at any time.
21.8
SUBCONTRACTORS
21.8.1 Contractor’s certificate(s) shall include all subcontractors as insureds under its
policies or Contractor shall be responsible for ensuring and/or verifying that all
subcontractors have valid and collectable insurance as evidenced by the
certificates of insurance and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to the minimum Insurance Requirements
identified above. The Department reserves the right to require, at any time
throughout the life of the Contract, proof from the Contractor that its
subcontractors have the required coverage.
21.9
APPROVAL AND MODIFICATIONS
21.9.1 The Contracting Agency, in consultation with State Risk, reserves the right to
review or make modifications to the insurance limits, required coverages, or
endorsements throughout the life of this contract, as deemed necessary. Such
action will not require a formal Contract amendment but may be made by
administrative action.
21.10
EXCEPTIONS
21.10.1 In the event the Contractor or subcontractor(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 or subcontractor(s) is/are a State of
Arizona agency, board, commission, or university, none of the above shall apply.
22.
IT 508 COMPLIANCE
22.1
Unless specifically authorized in the agreement, any electronic or information technology
offered to the State of Arizona under this agreement shall comply with A.R.S. §§ 18-131
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and §§ 18-132 and Section 508 of the Rehabilitation Act of 1973, which requires that
employees and members of the public shall have access to and use of information
technology that is comparable to the access and use by employees and members of the
public who are not individuals with disabilities.
23.
NON-AVAILABILITY OF FUNDS
23.1
In accordance with A.R.S. § 35-154, every payment obligation of the State under the
agreement is conditioned upon the availability of funds appropriated or allocated for
payment of such obligation. If funds are not allocated and available for the continuance
of this agreement, this agreement may be terminated by the State at the end of the
period for which funds are available. No liability shall accrue to the State in the event this
provision is exercised, and the State shall not be obligated or liable for any future
payments or for any damages as a result of termination under this paragraph.
24.
NON-DISCRIMINATION
24.1
The Contractor shall comply with State Executive Order No. 2023-01 and 2009-09 and all
other applicable Federal and State laws, rules and regulations, including the Americans
with Disabilities Act.
25.
OFFSHORE PERFORMANCE OF WORK PROHIBITED
25.1
Due to security and identity protection concerns, direct services under this agreement
shall be performed within the borders of the United States. Any services that are
described in the specifications or scope of work that directly serve the State of Arizona or
its clients and may involve access to secure or sensitive data or personal client data or
development or modification of software for the State shall be performed within the
borders of the United States. Unless specifically stated otherwise in the specifications,
this definition does not apply to indirect or 'overhead' services, redundant back-up
services or services that are incidental to the performance of the Agreement. This
provision applies to work performed by subcontractors at all tiers.
26.
PRIOR SERVICES
26.1
The Parties agree that if services were performed before the start date of this agreement
in compliance with the terms of this IGA, then they will be compensated as if performed
under this IGA.
27.
RIGHT OF OFFSET
27.1
ADES shall be entitled to offset against any sums due the Contractor, any expenses or
costs incurred by ADES, or damages assessed by ADES concerning the Contractor’s
non-conforming performance or failure to perform the agreement. The right to offset may
include, but is not limited to, a deduction from an unpaid balance and a collection against
the bid and/or performance bonds. Any offset taken for damages assessed by the ADES
shall represent a fair and reasonable amount for the actual damages and shall not be a
penalty for non-performance.”
28.
SIGNATURES IN COUNTERPART
28.1
This agreement may be executed in any number of counterparts, each of which when
executed and delivered shall constitute a duplicate original, but all counterparts together
shall constitute a single agreement.
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29.
THIRD-PARTY ANTITRUST VIOLATIONS
29.1
The Contractor assigns to ADES any claim for overcharges resulting from antitrust
violations concerning materials or services supplied by third parties to the Contractor,
toward fulfillment of this agreement.
30.
ATTACHMENTS
30.1
Attachment 1 - Itemized Service Budget
31.
EXHIBITS
31.1
Exhibit A - Certification of de Minimis Indirect Cost Rate Form
31.2
Exhibit B – Facility Location Chart
32.
FINGERPRINTING
32.1
Contractor shall comply with, and shall ensure that all of Contractor’s employees,
independent contractors, subcontractors, volunteers and other agents comply with, all
applicable (current and future) legal requirements relating to fingerprinting, fingerprint
clearance cards, certifications regarding pending or past criminal matters, and criminal
records checks that relate to contract performance.
32.2
Applicable legal requirements relating to fingerprinting, certification, and criminal
background checks may include, but are not limited, to the following: A.R.S. §§ 36-
594.01, 36-3008, 41-1964, and 46-141. All applicable legal requirements relating to
fingerprinting, fingerprint clearance cards, certifications regarding pending or past
criminal matters, and criminal records checks are hereby incorporated in their entirety as
provisions of this Agreement. The Contractor is responsible for knowing which legal
requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding
pending or past criminal matters, and criminal records checks relate to contract
performance.
32.3
To the extent A.R.S. § 46-141 is applicable to contract performance or the services
provided under this Agreement, the following provisions apply:
32.3.1 Personnel who are employed by the Contractor, whether paid or not, and who
are required or allowed to provide services directly to juveniles or vulnerable
adults shall have a valid fingerprint clearance card or shall apply for a fingerprint
clearance card within seven working days of employment.
32.3.2 Except as provided in A.R.S. § 46-141, this Agreement may be cancelled or
terminated immediately if a person employed by the Contractor and who has
contact with juveniles certifies pursuant to the provisions of A.R.S. § 46-141 (as
may be amended) that the person is awaiting trial or has been convicted of any
of the offenses listed therein in this State, or of acts committed in another state
that would be offenses in this State, or if the person does not possess or is
denied issuance of a valid fingerprint clearance card
32.4
Federally recognized Indian tribes may submit and ADES will accept certifications that
state that no personnel who are employed or who will be employed during the term of this
Agreement have been convicted of, have admitted committing or are awaiting trial on any
offense as described in A.R.S. § 41-1758.03 (as may be amended).
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33.
BACKGROUND CHECKS FOR EMPLOYMENT THROUGH THE CENTRAL REGISTRY
If providing direct services to children or vulnerable adults, the following shall apply:
33.1
The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its
entirety as provisions of this agreement.
33.2
ADES will conduct Central Registry Background Checks and will use the information
contained in the Central Registry as a factor to determine qualifications for positions that
provide direct service to children or vulnerable adults for:
33.2.1 Any person who applies for a contract with this State and that person’s
employees;
33.2.2 All employees of a contractor;
33.2.3 A subcontractor of a contractor and the subcontractor’s employees; and
33.2.4 Prospective employees of the contractor or subcontractor at the request of the
prospective employer.
33.3
Volunteers who provide direct services to children or vulnerable adults shall have a
Central Registry Background Check which is to be used as a factor to determine
qualifications for volunteer positions.
33.4
A person who is disqualified because of a Central Registry Background Check may apply
to the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-
619.57. A person who is granted a Central Registry exception pursuant to A.R.S. § 41-
619.57 is not entitled to a contract, employment, licensure, certification or other benefit
because the person has been granted a Central Registry exception.
33.5
Before being employed or volunteering in a position that provides direct services to
children or vulnerable adults, persons shall certify on forms that are provided by ADES
whether an allegation of abuse or neglect was made against them and was
substantiated. The completed forms are to be maintained as confidential.
33.6
A person awaiting receipt of the Central Registry Background Check may provide direct
services to ADES clients after completion and submittal of the Direct Service Position
certification form if the certification states:
34.6.1 The person is not currently the subject of an investigation of child abuse or
neglect in Arizona or another state or jurisdiction; and
34.6.2 The person has not been the subject of an investigation of child abuse or neglect
in Arizona, or another state or jurisdiction, which resulted in a substantiated
finding.
33.7
If the Central Registry Background Check specifies any disqualifying act and the person
does not have a Central Registry exception, the person shall be prohibited from providing
direct services to ADES clients.
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33.8
The Contractor shall maintain the Central Registry Background Check results and any
related forms or documents in a confidential file for five (5) years after termination of the
Agreement.
34.
DATA SHARING AGREEMENT
34.1
When determined by ADES that sharing of confidential data will occur with the
Contractor, the Contractor shall complete ADES Data Sharing Request Agreement and
submit the completed Agreement to ADES Program Designated Staff prior to any work
commencing or data shared. A separate Data Sharing Request Agreement shall be
required between the Contractor and each ADES Program sharing confidential data.
35.
Records
35.1
Contract service records will be maintained in accordance with this Contract. Records
shall, as applicable, meet the following standards:
35.1.1 Adequately identify the service provided and each service recipient’s application
for contract and subcontract activities;
35.1.2 Include personnel records which contain applications for employment, job titles
and descriptions, hire and termination dates, a copy of the fingerprint clearance
card, wage rates, and effective dates of personnel actions affecting any of these
items;
35.1.3 Include time and attendance records for individual employees to support all
salaries and wages paid;
35.1.4 For Fixed Price with Price Adjustment contracts, include:
35.1.4.1
Records of the source of all receipts and the deposit of all funds
received by the Contractor;
35.1.4.2 Original copies of invoices, statements, sales tickets, billings for
services, deposit slips, etc., and a cash disbursement journal and
cancelled checks to reflect all disbursements applicable to the
Contract;
35.1.4.3 A complete general ledger with accounts for the collection of all
costs and/or fees applicable to the Contract; and
35.1.4.4 Copies of lease/rental agreements, mortgages and/or any other
agreements which in any way may affect Contract expenditures.
35.2 Any such records not maintained shall mandate an audit exception in the amount of the
inadequately documented expenditures.
35.2.1 Contractor shall ensure its subcontractor(s), preserve and make available all
records for a period of five (5) years from the date of final payment under this
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Contract except if subject to Health Insurance Portability & Accountability Act
which is six (6) years from the date of final payment:
35.2.2 If this Contract is completely or partially terminated, the records relating to the
work terminated shall be preserved and made available for a period of five (5)
years from the date of any such termination.
35.2.3 Records which related to disputes, litigation or the settlement of claims arising
out of the performance of this Contract, or costs and expenses of this Contract to
which exception has been taken by the State, shall be retained by the Contractor
until such disputes, litigations, claims or exceptions have been disposed of.