IGA-ALHAMBRA ELEMENTARY SCHOOL DISTRICT SIGNED.PDF.PDF
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INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
1. Agreement No: TBD 2. Agreement Type: Non-Financial Service Agreement
3. Agreement Amount: $0.00 4. Purpose: Immunization Services
5. Start Date: 8/01/2026 6. €xpiration Date: 05/31/2031
This Agreement is entered into by and between Alhambra Elementary School District (referred to herein as “School
District”), and Maricopa County, by and through its Department of Public Health (referred to herein after as “County”).
Schoo! District and the County are collectively referred to herein as the “Parties” and individually as a “Party.” County,
for and in consideration of the covenants and conditions set forth herein, shall provide and perform the services as set
forth below. All rights and obligations of the Parties shall be governed by the terms of this Agreement, its exhibits,
attachments, and appendices, including any subcontracts or amendments as set forth herein and in:
Section | - General Provisions Section Ill - Work Statement
Section II - Special Provisions
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 School
District 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 shail be effective upon receipt by the Party to whom
addressed unless otherwise indicated in the notice.
Notice to School District: Alhambra Elementary School District Phone: 602-336-2920
Address: 4510 N 37" Ave. Phoenix, AZ 85019
Notice to County: Community Wellness & Health Promotion Attn: Rita Wermers Phone: 602-506-6662
Address: 4041 North Central Avenue, Suite, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
ALHAMBRA ELEMENTARY SCHOOL DISTRICT MARICOPA COUNTY BOARD OF SUPERVISORS
NI ro
Signature: Signature:
BS
Name: Herisca Conzads < Name:
— —
Title: Eye ga kiine “Dd nob Title: Chair, Board of Supervisors
Date: q\ \ LOZ Date: '
_ 7
ATTEST:
Signature
Clerk of the Board
Date
Pursuant to A.R.S. § 11-952, the undersigned public Pursuant to A.R.S. § 11-952, the Attorney for the Board
agency attorney has determined that this of Supervisors has determined that this
Intergovernmental Agreement is in proper form and is Intergovernmental Agreement is within the powers and
within the powers and authority granted under the authority granted under the laws of the State of
laws of the State of Arizona. Arizona.
Signature: Signature:
Attorney for Maricopa County
Name: Name:
Date: Date:
SECTION | GENERAL PROVISIONS
1. EFFECT
To the extent the Special Provisions conflict with the General Provisions, the Special
Provisions shall control. To the extent the Work Statement(s) and the Special or General
Provisions are in conflict, the Work Statement(s) shall control.
2. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
A. Agreement means this document and all attachments and amendments hereto.
B. School District means the person, firm or organization listed on the Cover Page of
this Agreement.
Cc. County means Maricopa County, Arizona.
D. Department means the Maricopa County Department of Public Health.
3. GENERAL REQUIREMENTS
A. The terms of this Agreement shall be construed in accordance with Arizona law. Any
lawsuit arising out of this Agreement shall be brought in the appropriate court in
Maricopa County.
B. The County shall, without limitation, obtain and maintain all licenses, permits, and
authority necessary to do business, render services, and perform work under this
Agreement, and shall comply with all laws regarding unemployment insurance,
disability, and workers’ compensation.
C. The County is an independent contractor in the performance of work and the
provision of services under this Agreement. Excepted as provided in the workers’
compensation term in section Il, paragraph 12 of this Agreement, neither party to this
Contract shall be deemed to be an officer, employee, or agent of the other Party.
4. AMENDMENTS
All Amendments to this Agreement must be in writing and signed by authorized persons for
both Parties. All amendments shall clearly state the effective date of the action.
5. RETENTION OF RECORDS
A. This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the County and School District,
which are reasonably considered relevant to this Agreement.
B. The County and the School District shall retain all financial books, records, and other
documents related to this Agreement for five (5) years after the expiration date of this
Agreement. 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
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SECTION | GENERAL PROVISIONS
of any and all such financial books, records and other documents relevant to this
Agreement.
6. ASSIGNMENT AND SUBCONTRACTING
No rights, liability, obligations, or duties under this Agreement may be assigned, delegated,
or subcontracted by the Parties without the prior written approval of the other Party.
7. DEFAULT AND TERMINATION
A Party shall be considered in default of this Agreement if it materially fails to perform or
comply with any material term, condition, or obligation required under this Agreement.
Upon the occurrence of a default, the non-defaulting Party shall provide written notice
describing the nature of the default. The defaulting Party shall have ten (10) calendar days
from receipt of such notice to cure the default, unless the Parties mutually agree in writing to
a longer cure period.
If the default is not cured within the applicable cure period, the non-defaulting Party may
exercise any remedy available at law or equity, including suspension of performance or
termination of this Agreement.
Notwithstanding the foregoing, either Party may immediately suspend or terminate this
Agreement upon written notice if:
1. the default materially threatens the health or safety of students, staff, or the public;
2. continued performance would violate applicable federal, state, or local law or regulation;
or
3. an event or circumstance occurs that materially impairs or jeopardizes the ability of
either Party to perform its obligations under this Agreement.
4. TERMINATION
A. The term of this Agreement becomes effective upon signature of the final
Party through May 31, 2031. Either Party may terminate this Agreement
without cause and for convenience upon thirty (30) calendar days’ prior
written notice to the other Party. Notice shall be provided by personal
delivery, certified mail, registered mail, or other mutually agreed upon written
method of notice.
B. This Agreement may be terminated at any time by mutual written agreement
of the Parties specifying the effective date of termination.
C. Unless earlier terminated in accordance with this Section, this Agreement
shall automatically terminate upon the expiration date stated on the Cover
Page of this Agreement.
D. In the event this Agreement is terminated prior to its expiration date, each
Party shall remain responsible for its own obligations, liabilities, and costs
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SECTION | GENERAL PROVISIONS
incurred through the effective date of termination. To the extent applicable,
School District shall remain responsible for reimbursement to County for any
mutually authorized, non-cancellabie obligations reasonably incurred by
County in connection with the performance of this Agreement prior to the
effective date of termination.
E. Termination of this Agreement shall not relieve either Party of any obligation
or liability accrued prior to the effective date of termination.
TERMINATION FOR BREACH
If either Party defaults under this Agreement and the default continues for more than ten (10)
days after the effective date of the other Party's written notice stating the specific nature of
the default, then the noticing Party may treat the default as a breach of this Agreement. Upon
a breach, the aggrieved Party may exercise any remedy available under the law, including the
termination of this Agreement.
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision hereof, and the remaining
provisions shall remain in full force and effect.
10. STRICT COMPLIANCE
Any acceptance by the Parties 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 any
future performance. All changes in performance obligations under this Agreement must be
in writing and signed by the Parties.
11. FORCE MAJEURE
Neither Party shall be liable for failure of performance, nor incur any liability to the other Party
on account of any loss or damage resulting from any delay or failure to perform all or any part
of this Contract if such delay or failure is caused by events, occurrences, or causes beyond
the reasonable control and without negligence of the Parties. Such events, occurrences, or
causes will include Acts of God/Nature {including fire, flood, earthquake, storm, hurricane
or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power
or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage,
embargo, labor dispute, strike, pandemic, epidemic, interruption or failure of electricity or
telecommunication service.
12. INDEMNIFICATION
Each Party (as indemnitor) agrees to indemnify, defend, 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 the negligent performance of this Agreement, but only to the extent that such claims
are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its
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SECTION | GENERAL PROVISIONS
officers, officials, agents, employees, or volunteers.
13. COVENANT AGAINST CONTINGENT FEES
Each Party warrants that no person or entity has been employed or retained to solicit or
secure this Agreement for a commission, percentage, brokerage, or contingent fee. For
breach or violation of this warranty, either Party may immediately terminate this Agreement
without liability.
14, SAFEGUARDING CLIENT INFORMATION
Each Party shall safeguard all personally identifiable information and protected health
information to the full extent possible as required by federal and state laws, rules, and
regulations. 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.
15. RIGHTS IN PROPERTY AND DATA
Subject to applicable state and federal laws, rules, and regulations, all tangible materials
purchased or acquired by either Party in performance of this Agreement shall remain the
property of the Party in possession when the Agreement terminates.
Subject to applicable state and federal laws, rules, and regulations, the County shall have
full and complete ownership rights to and the right to reproduce, duplicate, adapt, distribute,
display, disclose and otherwise use all written and electronic information, recordings,
reports, findings, research information, abstracts, results, software, data, discoveries,
inventions, procedures and processes of services developed by the County and any other
intangible materials created, prepared or received by the County and its subcontractors in
performance of this Agreement. School District shall have full, complete, perpetual,
irrevocable and non-transferable rights to reproduce, duplicate, adapt, make derivative
works, distribute, display, disclose, publish, and otherwise use all intangible material solely
for non-profit purposes. Schoo! District’s right to use the intangible materials includes the
right to use the intangible materials in connection with its internal, non-profit research and
educational activities, the right to present at academic or professional meetings or symposia
and the right to publish in journals, theses, dissertations or otherwise while providing proper
attribution to the County’s role in the material development.
16. NON-DISCRIMINATION
The Parties, 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, religion, political affiliation, and protected status categories
defined by law. The Parties shall include this clause in all of their subcontracts related to this
Agreement.
17. EQUAL EMPLOYMENT OPPORTUNITY
The Parties shall not discriminate against any employee or applicant for employment on the
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SECTION | GENERAL PROVISIONS
basis of race, color, religion, sex, national origin, age, or disability. The Parties shall take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to race, color, religion, sex, national origin, age, or
disability. Such action shall include, but is not limited to, employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
The Parties shall comply, to the extent applicable, with Title VI and Title VII of the Civil Rights
Act of 1964, as amended (42 U.S.C. §§ 2000a et seq. and 2000e 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, as amended (Pub. L. No. 99-603); Arizona Executive Order 2009-09; and all other
applicable federal and state nondiscrimination laws and regulations, including the
Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.).
18. CIVIL SERVICES DIVISION
The Parties acknowledge that although the Maricopa County Attorney's Office is the attorney
for the County, School District may also choose the Maricopa County Attorney’s Office as its
attorney and, if chosen, a conflict of interest could exist. Both Parties waive any claim of
conflict of interest that may arise from the Maricopa County Attorney’s Office representing
the other Party.
19. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The undersigned, an authorized representative of the County, certifies, to the best of
his or her knowledge and belief, that the County, defined as the primary participant
in accordance with 45 C.F.R. Part 76, 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 County is not able to provide this certification, an explanation as to why shall
be attached to this Agreement.
SECTION | GENERAL PROVISIONS
C. The County shall include, without modification, this Paragraph in all lower tier
covered transactions ({i.e., transactions with subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
20. E-VERIFICATION OF EMPLOYEES
The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge:
A. That the Parties and their 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.
That a breach of the warranty under subsection A above shall be deemed a material
breach of this Agreement that entitles either Pary to, among other things,
immediately terminate this Agreement without liability.
That the Parties retain the legal right to inspect the papers of the other Party or any
subcontractor who works pursuant to this Agreement to ensure that the other Party
or subcontractor is complying with the warranty provided under subsection A above
and that the Parties agree to make all papers and employment records available
during normal working hours in order to facilitate such an inspection.
That nothing herein shall make any Party or subcontractor an agent or employee of
the other Party.
SECTION It SPECIAL PROVISIONS
1. EFFECT
To the extent that the Special Provisions conflict with the General Provisions, the Speciai
Provisions shall control. To the extent that the Work Statement(s) conflict with the Special
or General Provisions, the Work Statement(s) shall control.
MEDIATION/ARBITRATION
If any dispute arises out of this Agreement or involves a recipient of services under the terms
of this Agreement, the Parties shall meet and confer in an effort to resolve the dispute. In the
event that such efforts to resolve the dispute are unsuccessful, the Parties shall resolve the
dispute by arbitration pursuant to A.R.S. § 12-1518(A).
CHANGES
A. The Department may, at any time, by written order, make changes within the scope
of this Agreement in any one or more of the following areas:
1). Work Statement activities reflecting changes in the scope of services,
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}. County schedules and program budgets
B. The Department shall not increase or decrease the maximum reimbursable amount
to be paid under this Agreement without an official amendment to the Agreement.
Additionally, the Department shall not direct substantive changes in services to be
rendered under this Agreement.
Cc. Any dispute or disagreement caused by such written order shall constitute a
Dispute within the meaning of the Disputes Clause of the Special Provisions of this
Agreement and shall be administered accordingly.
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the County agrees to comply with all applicable provisions
of Title 2, Subtitle A, Chapter Il, PART 200--UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2
C.F.R. § 200 et seq.
LAWS, RULES AND REGULATIONS
The School District and the County understand and agree that this Agreement is subject to
SECTION Il SPECIAL PROVISIONS
all State and federal laws, rules, and regulations that pertain hereto.
A. Neither this Agreement, nor any portion thereof, may be assigned to another person
by the School District without the written consent of the County’s designated
representative. Any attempt by the School District to assign any portion of this
Agreement without the written consent of the County shall constitute a breach of this
Agreement.
B. No assignment shall alter the School District’s responsibility to the County to assure
that all of the provisions under this Agreement are carried out by its assignee. All
terms and conditions in this Agreement shall be included in the School District’s
assignments.
6. INSURANCE
A. The School District shall have in effect at all times during the term of this Agreement,
insurance or comparable self-insurance that is adequate to protect the County, its
officers, employees, property,and equipment againstthelosses set forth
below. The School District 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 School District 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. Workers’ Compensation insurance as required by Arizona law and Employer's
Liability insurance with limits of:
@ $1,000,000 each accident;
e $1,000,000 disease each employee; and
e $1,000,000 disease policy limit
2. Commercial General Liability insurance, including bodily injury and property
damage coverage, with limits of not less than:
e $2,000,000 each occurrence;
e $4,000,000 Products/Completed Operations Aggregate; and
e $4,000,000 General Aggregate.
3. Professional Liability (Medical Malpractice) insurance covering the professional
services provided under this Agreement, with limits of not less than:
e $1,000,000 per claim
e $3,000,000 aggregate
4. Automobile Liability insurance covering owned, non-owned, and hired vehicles
used in connection with this Agreement, with a combined single limit of not less
than $1,000,000 per occurrence. This requirement may be waived by the County
if no vehicles are used in performance of the services under this Agreement.
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SECTION I SPECIAL PROVISIONS
ic Standard minimum deductible amounts are allowable. Any losses applied against
insurance deductible are the sole responsibility of the School District.
D. Professional Liability:
1. Insurance forthe School District 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 School District 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 School District 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.
E. The School District 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.
F. In the event the School District is a public entity, then the Insurance Requirements
shall not apply. Such public entity shall provide a Certificate of Self-Insurance. If the
Contractor is a State of Arizona agency, board, commission, or university, none of the
above shall apply.
7. SPECIAL REQUIREMENTS
A. If the use of subcontractors is approved by School District, the County shall use
written subcontracts or consultant agreements that conform to Federal and State
laws and regulations, and to 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 County referenced herein.
The County is responsible for performing under this Agreement whether or not
subcontracts are used. The County shall submit a copy of each subcontract to the
School District within fifteen (15) days of its effective date.
B. The County shall include in any subcontracts a provision to the effect that the
subcontractor agrees that the Schoo! District shall have access to the
subcontractor’s facilities and the right to examine any books, documents, and
records of the subcontract; involving transactions related to the subcontract and
that such books, documents, and records shall not be disposed of except as
provided herein.
&. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
SECTION Il SPECIAL PROVISIONS
Notice is given that pursuant to A.R.S. § 38-511, the Parties may cancel this Agreement
without penalty or further obligation within three years after execution of this Agreement, if
any person significantly involved in initiating, negotiating, securing, drafting, or creating this
Agreement on behalf of the Party is at any time while this Agreement or any extension of this
Agreement is in effect, an employee or agent of any other Party to this Agreement in any
capacity or consultant to any other Party of this Agreement with respect to the subject matter
of this Agreement. Additionally, pursuant to A.R.S. § 38-511, the Parties may recoup any fee
or commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating this Agreement on behalf of the Party from any other Party to
this Agreement arising as the result of this Agreement.
POLICY ON CONFIDENTIALITY
The School District and the County understand and agree that this Agreement is subject to
all State and federal laws protecting client confidentiality of medical, behavioral health and
drug treatment information.
10. SPONSORSHIP ACKNOWLEDGMENT
All promotional materials, brochures, and flyers prepared by the County shall include the
following statement, “Sponsored by MCDPH.”
11. WORKERS’ COMPENSATION
An employee of either party shall be deemed to be an “employee” of both public agencies
while performing pursuant to this Agreement solely for the purposes of A.R.S. § 23-1022 and
the Arizona Workers’ Compensation laws. The primary employer shall be solely liable for any
workers’ compensation benefits which may accrue.
Each party shall post a notice pursuant to the provisions of A.R.S. § 23-1022 in substantially
the following form:
“All employees are hereby further notified that they may be required to work under
jurisdiction or control of or within the jurisdictional boundaries of another public agency
pursuant to an intergovernmental agreement or contract, and under such circumstances
they are deemed by the laws of Arizona, to be employees of both public agencies for the
purposes of workers’ compensation.”
12. FINGERPRINT AND CERTIFICATION REQUIREMENTS/JUVENILE SERVICES
The Fingerprint and Certification Requirements listed in this section apply to this Agreement
to the extent it pertains to services to juveniles.
A. The County shall require that all paid and unpaid personnel who are required or are
allowed to provide services directly to juveniles have met all fingerprint and
certification requirements of A.R.S. §§ 15-512, 36-882 and 36-425.03 and the School
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SECTION I! SPECIAL PROVISIONS
District prior to providing such services.
B. The County shall submit verification of fingerprinting and certification of an employee
by the Department of Economic Security, the Department of Corrections, or the
Arizona Supreme Court to meet this requirement.
C. The County shall require and verify that those employees who qualify only for a
restricted certification shall be supervised when providing services directly to
juveniles.
D. The County shall require that all subcontracts for services to juveniles include a
provision requiring compliance by the subcontractors with A.R.S. §§36-882 and 36-
425.03.
E. This Agreement may be canceled if the fingerprint certifications or the Certification
for Employment required by A.R.S. § 36-425.03 of any employee, including volunteers
(whether or not paid) shows that he or she has committed, been convicted of, or is
awaiting trial for any offense(s) listed on the Certification for Employment form in this
state or similar offenses in another state or jurisdiction.
13. COMMUNICATION
The School District shall assume — primary responsibility for effective, efficient
communication with the office of Community Wellness and Health Promotion.
14. IT 1S MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:
A. This instrument is neither a fiscal nor a funds obligation document. Any endeavor or
transfer of anything of value involving reimbursement or contribution of funds
between the parties to this instrument will be handled in accordance with applicable
laws, regulations, and procedures, including those for Government procurement and
printing. Such endeavors will be outlined in separate agreements that shall be made
in writing by representatives of the parties and shall be independently authorized by
appropriate statutory authority. This instrument does not provide such authority.
Specifically, this instrument does not establish authority for noncompetitive award
to the cooperator of any contract or other agreement.
PARTICIPATION IN SIMILAR ACTIVITIES
This agreement in no way restricts Department or School District from participating
in similar activities with other public or private agencies, organizations, and
individuals.
15. NOTICE:
Any notice given under this Agreement shall be sent to the attention of the following:
PRINCIPAL CONTACTS
SECTION SPECIAL PROVISIONS
The principal contacts for this Agreement are:
Maricopa County Department of Public Health:
Immunization Program
Attn: Rita Wermers
4041 N Central Avenue, Suite 600
Phoenix, AZ 85012
Phone: 602-506-8365
FAX: 602-506-5506
And:
Alhambra Elementary Schoo! District:
4510 N. 37* Ave.
Phoenix, AZ 85019
Elecia Horton, Health Services Assistant
eleciahorton@alhambraesd.org
Michael Rivera, Director of Safety, Security and
Health
michaelrivera@alhambraesd.org
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SECTION Ill WORK STATEMENT _
BACKGROUND
A proactive and creative effort is needed across rural and urban communities to ensure vaccines
are readily available, so students are vaccinated and ready for the return to school. The
collaboration between Maricopa County by and through the Maricopa County Department of Public
Health (collectively referred to as MCDPH) and the school districts and/or school organizations
(collectively referred to as School District ) will assist families in accessing necessary childhood
vaccines in order to attend school and prevent vaccine preventable diseases. Although we
encourage parents and guardians to contact their child’s pediatrician to schedule well visits and
needed vaccines, we know this may not be easily attainable.
Federal Vaccine funding changes will affect the way that immunizations are provided in the public
sector. County Health Departments and all public VFC (Vaccines for Children) providers, such as
several fire departments, school programs, and other public clinics may no longer use public
vaccines for privately insured children. Privately insured children may fall through the cracks if
turned away by private providers and sent to county health departments or other public providers
only to be bounced back to private practice. To assure that children receive the needed vaccines to
attend school Maricopa County Department of Public Health wishes to enter into an agreement
with the school district/organization to provide vaccines to children who are eligible for Vaccine for
Children vaccines and to children who have private insurance with a plan that is contracted with
Maricopa County Department of Public Health. This AGREEMENT is hereby made and entered into
by Maricopa County through the MCDPH and the Alhambra Elementary School District, hereinafter
referred to as School District.
PURPOSE
The purpose of this Agreement is to develop a framework of cooperation between MCDPH
and School District to provide childhood vaccines to students who are uninsured and
insured and vaccines for adults who are uninsured and insured. This will help increase
access to vaccines and reduce the overall impact of illness during periods of increased
disease activity, local transmission, outbreaks, or pandemic conditions.
A. STATEMENT OF MUTUAL BENEFIT AND INTERESTS
The mutual benefit for both Parties is to assure eligible children receive age-appropriate
immunization to prevent the spread of vaccine preventable diseases.
B. USE OF PRFESSIONAL GUIDELINES AND ADVSORTY STANDARDS
MCDPH has the discretion to use guidelines and/or standards from nationally recognized
professional and advisory organizations, including but not limited to the Advisory
Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP),
and the American Academy of Family Physicians (AAFP), or their successors. The best
guidelines and/or standards will be chosen based on the subject matter and the subject
matter expert’s expertise in the topic based on professional consensus.
Cc. MCDPH SHALL:
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WORK STATEMENT _
Maintain vaccine precautions as set forth by the CDC recommendations and
State of Arizona.
Supply MCDPH nurses, staff, and volunteers for the event.
Coordinate event with Partner’s person of contact (POC).
Provide School District with flyers and language to assist them with their school
community outreach.
Supply all vaccine, supplies, and paperwork.
Document immunization information and transmit to the State of Arizona
Immunization Information System (ASIIS).
Bill all AHCCCS and privately insured clients for whom Maricopa County
has been contracted with.
Screen and document all patients for the appropriate VFC categories:
a. Native American or Alaskan Native
Enrolled in the Arizona Health Care Cost Containment System (AHCCCS)
Has no health insurance
eaog
Has health insurance that does not pay for vaccines
Has health insurance that pays for vaccines
Screen all patients for each vaccine using the Professional Guidelines and Advisory
Standards.
10. Administer all vaccines based on the Professional Guidelines and Advisory
Standards.
11. Comply with the appropriate immunization schedule, dosage and contraindications
established by the Professional Guidelines and Advisory Standards unless (a) in the
medical judgment and in accordance with accepted medical practice, the provider
deems such compliance to be medically inappropriate, or (b) the particular
requirements contradict the laws in Arizona pertaining to religious or other
exemptions.
12. Administer VFC vaccine to the following children:
a. Native American or Alaskan Native
b. Enrolled in the Arizona Health Care Cost Containment System (AHCCCS)
c. Has no heaith insurance
d. Has health insurance that does not pay for vaccines
13. Administer MCDPH purchased vaccine to the following chiidren:
a. Has health insurance that pays for vaccines
b. Has commercial health insurance that is contracted with Maricopa County
SECTION MW) : WORK STATEMENT
14, Distribute current Vaccine Information Statements (VIS).
15. Report all clinically significant adverse events to the Vaccine Adverse Event
Reporting System and MCDPH Immunization Program.
16. Not impose a charge for the cost of the VFC vaccine. MCDPH will not hold Party
responsible for denied PPV claims.
17. Comply with all Arizona Immunization statutes and rules regarding childcare and
school immunizations.
D. SCHOOL DISTRICT SHALL:
1. Provide location on a school campus or district/organization office adequate
to maintain vaccine precautions.
2. Provide electric and air-conditioning accessibility.
3. Provide tables and chairs for the events.
4. Provide adequate parking and site access for MCDPH staff and event-related
vehicles, including outreach and transportation vehicles used to transport materials
and supplies, on the day(s) of event.
5. Provide at least one staff member who can represent their organization.
6. Conduct school community outreach for the purpose of the events.
MARICOPA COUNTY
BUSINESS ASSOCIATE AGREEMENT
This BUSINESS ASSOCIATE AGREEMENT (“Agreement”) is effective August 1, 2026 (“Effective Date”) and is
entered into by MARICOPA COUNTY, by and through its HIPAA-covered component, Maricopa County Department
of Public Health (MCDPH) (“COUNTY” or “Covered Entity”), and Alhambra Elementary School District (“Business
Associate” or “Associate”). This Agreement sets out the responsibilities and obligations of Business Associate, as a
Business Associate of Maricopa County, a hybrid entity with covered components governed by the Health Insurance
Portability and Accountability Act ("HIPAA") and the Health Information Technology for Economic and Clinical Health
(“HITECH”) Act.
RECITALS
This Agreement is made a part of the parties’ contract or engagement letter for services (the “Contract”), pursuant to
which Business Associate provides services to Maricopa County that involve the use or disclosure of Protected Health
Information (“PHI”) that Maricopa County may transfer to Business Associate.
AGREEMENT
Business Associate and Maricopa County agree to the terms and conditions of this Agreement in order to comply
with the rules on handling of PHI under the HIPAA Regulations for Privacy of Individually Identifiable Health
Information, 45 C.F.R. Part 160 and Part 164, Subparts A and E (“Privacy Rule”), the HIPAA Security Rule, 45 C.F.R.
Part 160 and Part 164, Subparts A and C ("Security Rule”), the HIPAA Breach Notification Regulations, 45 C.F.R.
Part 164, Subpart D (“Breach Notification Rule”), and the HIPAA Enforcement Rule, 45 C.F.R. Part 160, Subparts C,
D, and E ("Enforcement Rule"), all as amended from time to time. Business Associate and Maricopa County will
comply with the terms of this Agreement for the duration of the Contract and for such other continuing periods as
provided in this Agreement.
1. Definitions
a. Unless otherwise provided in this Agreement, all capitalized terms in this Agreement will have the same
meaning as provided under the Privacy Rule, Security Rule, the Breach Notification Rule, and the
Enforcement Rule (collectively, “the HIPAA Rules’).
b. “Protected Health Information” or “PHI” means PHI as defined in 45 C.F.R. Part 160 and 164, that is
received from Maricopa County, or created, maintained, or transmitted on behalf of Maricopa County, by
Business Associate.
2. Uses and Disclosure of PHI
a. Except as otherwise provided in this Agreement or by law, Business Associate may use or disclose PHI
only for those purposes necessary to perform the services described in the Contract.
b. Business Associate may use PHI for the proper management and administration of Business Associate's
business, or to carry out its legal responsibilities. Business Associate may disclose PHI to a third party for
such purposes only if:
i. the disclosure is required by law; or
ji. Business Associate obtains written assurances, prior to making any disclosure to a third party that the
third party will (a) hold the PHI confidentially; (b) used or disclose the PHI only as required by law or for
the purpose for which it was disclosed to the third party; and (c) notify Business Associate of any other
use or disclosure of PHI.
c. In accordance with 45 C.F.R. § 164.502(e)(1), if Business Associate’s subcontractor creates, receives,
maintains, or transmits PHI on behalf of Business Associate, Business Associate will enter into a written
Maricopa County Business Associate Agreement 1
04/02/2026
agreement with such subcontractor that contains the same restrictions and conditions on the use and
disclosure of PHI as contained in this Agreement.
d. Business Associate may use and disclose de-identified health information, if (i) the use is disclosed to
Maricopa County and permitted by Maricopa County in its sole discretion, (ii) that the de-identification is in
compliance with 45 C.F.R. § 164.502(d), and (iii) the de-identified health information meets the standard
and implementation specifications for de-identification under 45 C.F.R. § 164.514(a) and (b). Business
Associate may perform data aggregation services as permitted by 45 C.F.R. § 164.504(e}(2)i)(B).
e. To the extent Business Associate is to carry out Maricopa County's obligations under the Privacy Rule,
Business Associate will comply with the requirements of the Privacy Rule that apply to Maricopa County’s
compliance with such obligations.
3. Safeguards
a. Business Associate will implement and maintain appropriate safeguards to prevent the use or disclosure of
PHI other than as provided by this Agreement including administrative, physical, and technical safeguards
to protect the confidentiality, integrity, and availability of the electronic PHI that Business Associate creates,
receives, maintains, and transmits on behalf of Maricopa County.
b. Business Associate agrees to take reasonable steps, including providing adequate training to its
employees to ensure compliance with this Agreement and to ensure that the actions or omissions of its
employees or agents do not cause Business Associate to breach the terms of this Agreement.
i. Business Associate shall ensure that all its employees or agents who create, receive, maintain, or
transmit PHI! on behalf of Business Associate are trained on the requirements of the HIPAA Privacy
Rule, the requirements of this Agreement, and on Business Associate's related policies and
procedures. Such training shail be provided as necessary and appropriate for Business Associate’s
employees or agents to carry out their functions, in accordance with 45 C.F.R. § 164.530(b){1) of the
HIPAA Privacy Rule. Business Associate shall document that the training has been provided.
ii. Business Associate shall ensure that all its employees or agents, including management, have
completed a security awareness and training program in accordance with 45 C.F.R. § 164.308(a)(5) of
the HIPAA Security Rule. Such program shall include, as appropriate, security reminders, protection
from malicious software, log-in monitoring, and password management. Business Associate shall
document that such training and related security measures have been implemented.
c. Upon request of Maricopa County, Business Associate will provide evidence to Maricopa County that these
safeguards are in place and are properly managed.
d. Business Associate will comply with the HIPAA Rules.
4. Reporting Improper Use or Disclosure of PHI, Security Incidents, and Breaches
a. Business Associate will report to Maricopa County in writing any use or disclosure of PHI not provided for
by this Agreement within 48 hours of when it becomes aware of such.
b. Business Associate will report to Maricopa County in writing any Security Incident involving unsecured PHI
of which Business Associate becomes aware. Specifically, Business Associate will report to Maricopa
County any successful unauthorized access, use, disclosure, modification, or destruction of electronic PHI,
or interference with system operations in an information system containing electronic PHI, of which
Business Associate becomes aware within 48 hours of Business Associate learning of such Security
Incident. Business Associate will also report the aggregate number of unsuccessful, unauthorized attempts
to access, use, disclose, modify, or destroy electronic PHI or interfere with system operations in an
information system containing electronic PHI, of which Business Associate becomes aware, provided that:
i. such reports will be provided only as frequently as the parties mutually agree, but no more than once
per month; and
ii. if the definition of Security
5 1 3 5 1 7 951 2433 155 33 93.591614 Incident”
5 1 3 5 1 8 1122 2433 105 33 96.822411 under
5 1 3 5 1 9 1238 2433 58 33 96.780945 the
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5 1 3 5 1 11 1470 2433 189 32 96.780022 Standards
5 1 3 5 1 12 1674 2433 27 32 96.477600 is
5 1 3 5 1 13 1716 2433 170 32 96.932770 amended
5 1 3 5 1 14 1900 2433 34 32 96.104805 to
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5 1 3 5 1 16 2095 2433 57 32 96.753548 the
4 1 3 5 2 0 446 2481 1902 42 -1
5 1 3 5 2 1 446 2483 220 40 96.684601 requirement
5 1 3 5 2 2 678 2483 50 31 96.170082 for
5 1 3 5 2 3 741 2483 161 40 96.170082 reporting
5 1 3 5 2 4 917 2481 265 33 0.000000 “unsuccessful”
5 1 3 5 2 5 1197 2483 158 39 96.591400 attempts
5 1 3 5 2 6 1367 2483 34 31 96.222237 to
5 1 3 5 2 7 1416 2489 71 30 96.523254 use,
5 1 3 5 2 8 1505 2481 159 38 96.523254 disclose,
5 1 3 5 2 9 1682 2481 127 41 96.323486 modify,
5 1 3 5 2 10 1826 2489 37 24 95.688469 or
5 1 3 5 2 11 1874 2481 135 41 93.229889 destroy
5 1 3 5 2 12 2022 2481 113 38 88.773560 e-PHI,
5 1 3 5 2 13 2150 2481 59 32 96.599319 the
5 1 3 5 2 14 2223 2481 125 41 96.683578 portion
4 1 3 5 3 0 444 2529 1859 42 -1
5 1 3 5 3 1 444 2531 36 33 96.821030 of
5 1 3 5 3 2 491 2531 64 33 96.936707 this
5 1 3 5 3 3 570 2531 134 33 96.772255 Section
5 1 3 5 3 4 717 2531 23 31 96.960518 4
5 1 3 5 3 5 755 2531 199 40 96.839149 addressing
5 1 3 5 3 6 969 2531 57 31 96.847023 the
5 1 3 5 3 7 1041 2531 161 40 96.786690 reporting
5 1 3 5 3 8 1215 2529 36 33 96.770035 of
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5 1 3 5 3 12 1949 2529 55 32 96.766563 will
5 1 3 5 3 13 2021 2537 44 25 96.261467 no
5 1 3 5 3 14 2078 2529 114 41 96.657326 longer
5 1 3 5 3 15 2204 2529 99 41 96.765900 apply
4 1 3 5 4 0 444 2579 806 33 -1
5 1 3 5 4 1 444 2588 44 24 96.070747 as
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5 1 3 5 4 5 785 2579 79 33 96.825401 date
5 1 3 5 4 6 878 2579 35 31 96.241875 of
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3 1 3 6 0 0 294 2625 2027 330 -1
4 1 3 6 1 0 294 2625 1991 42 -1
5 1 3 6 1 1 294 2637 29 24 81.102852 c.
5 1 3 6 1 2 372 2628 165 33 96.570084 Business
5 1 3 6 1 3 551 2628 180 32 96.041901 Associate
5 1 3 6 1 4 743 2628 55 32 96.876358 will
5 1 3 6 1 5 815 2628 106 39 96.574951 report
5 1 3 6 1 6 936 2628 29 32 96.574951 in
5 1 3 6 1 7 977 2627 118 40 96.769028 writing
5 1 3 6 1 8 1109 2628 34 32 96.386314 to
5 1 3 6 1 9 1158 2627 168 40 96.235176 Maricopa
5 1 3 6 1 10 1340 2627 129 40 96.129463 County
5 1 3 6 1 11 1482 2634 66 33 96.102875 any
5 1 3 6 1 12 1565 2627 127 31 96.595009 Breach
5 1 3 6 1 13 1707 2627 35 31 96.692009 of
5 1 3 6 1 14 1755 2627 189 31 96.440269 unsecured
5 1 3 6 1 15 1961 2627 73 37 96.618683 PHI,
5 1 3 6 1 16 2052 2634 43 24 96.651970 as
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5 1 3 6 1 18 2256 2627 29 31 95.927338 in
4 1 3 6 2 0 369 2675 1913 40 -1
5 1 3 6 2 1 369 2678 57 31 96.487526 the
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5 1 3 6 2 3 587 2676 201 33 96.118225 Notification
5 1 3 6 2 4 804 2676 90 37 96.395149 Rule,
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5 1 3 6 2 6 1028 2676 45 32 96.940903 48
5 1 3 6 2 7 1088 2676 102 32 96.345993 hours
5 1 3 6 2 8 1203 2675 36 33 96.700584 of
5 1 3 6 2 9 1251 2675 165 33 96.828957 Business
5 1 3 6 2 10 1428 2675 212 33 52.062283 Associate's
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5 1 3 6 2 12 1812 2675 36 31 96.316116 of
5 1 3 6 2 13 1859 2675 85 31 96.672562 such
5 1 3 6 2 14 1961 2675 137 31 96.821304 Breach.
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4 1 3 6 3 0 369 2723 1892 42 -1
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5 1 3 6 3 2 563 2724 55 32 96.648674 will
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5 1 3 6 3 4 780 2724 86 32 96.579933 such
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5 1 3 6 3 6 1098 2724 35 32 96.473579 to
5 1 3 6 3 7 1146 2723 168 40 96.114006 Maricopa
5 1 3 6 3 8 1328 2723 130 40 96.581421 County
5 1 3 6 3 9 1472 2730 42 26 96.823997 as
5 1 3 6 3 10 1530 2723 149 40 96.879395 required
5 1 3 6 3 11 1695 2723 29 31 94.694557 in
5 1 3 6 3 12 1737 2723 57 31 96.859573 the
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5 1 3 6 3 14 1952 2723 201 31 96.460571 Notification
5 1 3 6 3 15 2169 2723 92 31 95.843613 Rule.
4 1 3 6 4 0 372 2769 1846 42 -1
5 1 3 6 4 1 372 2774 165 31 96.645622 Business
5 1 3 6 4 2 551 2772 180 33 96.754562 Associate
5 1 3 6 4 3 743 2772 57 32 94.722618 wilt
5 1 3 6 4 4 815 2772 183 32 95.736122 reimburse
5 1 3 6 4 5 1013 2772 168 39 96.613708 Maricopa
5 1 3 6 4 6 1194 2771 129 40 96.531075 County
5 1 3 6 4 7 1337 2771 49 33 96.471222 for
5 1 3 6 4 8 1397 2771 39 33 66.982826 ali
5 1 3 6 4 9 1451 2771 204 33 96.489517 reasonable
5 1 3 6 4 10 1668 2778 176 33 96.818352 expenses
5 1 3 6 4 11 1859 2771 147 31 96.285065 incurred
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5 1 3 6 5 2 576 2820 36 33 96.116234 of
5 1 3 6 5 3 638 2828 7 25 96.454453 a
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5 1 3 6 5 6 950 2820 40 41 96.628181 by
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5 1 3 6 5 8 1184 2819 180 33 96.747574 Associate
5 1 3 6 5 9 1376 2826 37 26 96.363426 or
5 1 3 6 5 10 1427 2819 166 33 93.293312 Business
5 1 3 6 5 11 1607 2819 210 31 91.570885 Associate’s
5 1 3 6 5 12 1829 2819 272 31 96.392319 subcontractors
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5 1 3 6 6 12 1803 2867 165 31 96.328056 Business
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5 1 3 6 6 14 2174 2867 56 31 96.194710 will
5 1 3 6 6 15 2244 2867 77 31 96.559761 also
4 1 3 6 7 0 370 2913 1948 42 -1
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5 1 3 6 7 2 524 2916 73 32 96.506851 hold
5 1 3 6 7 3 614 2916 174 36 96.606918 harmless,
5 1 3 6 7 4 806 2915 66 33 96.363304 and
5 1 3 6 7 5 887 2915 175 40 96.408287 indemnify
5 1 3 6 7 6 1077 2915 168 40 96.483772 Maricopa
5 1 3 6 7 7 1260 2913 129 42 96.785339 County
5 1 3 6 7 8 1403 2915 66 31 96.656158 and
5 1 3 6 7 9 1485 2915 39 31 96.251823 its
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5 1 3 6 7 13 2067 2913 167 38 96.574791 directors,
5 1 3 6 7 14 2252 2913 66 33 96.989777 and
2 1 4 0 0 0 220 3038 1801 75 -1
3 1 4 1 0 0 220 3038 1801 75 -1
4 1 4 1 1 0 221 3038 1800 36 -1
5 1 4 1 1 1 221 3041 138 33 96.080666 Maricopa
5 1 4 1 1 2 369 3039 109 35 96.407799 County
5 1 4 1 1 3 489 3039 126 26 96.626427 Business
5 1 4 1 1 4 624 3039 141 26 96.561958 Associate
5 1 4 1 1 5 774 3039 163 33 96.649567 Agreement
5 1 4 1 1 6 2006 3038 15 24 95.592918 2
4 1 4 1 2 0 220 3081 173 32 -1
5 1 4 1 2 1 220 3081 173 32 91.578873 04/02/2026
affiliated entities, from and against any claims, losses, damages, liabilities, costs, expenses, penalties, or
obligations (including attorneys’ fees), which Maricopa County may incur due to a Breach caused by
Business Associate or Business Associate’s subcontractors or agents.
d. Business Associate will report in writing to Maricopa County within 48 hours of learning of any potential
unauthorized use or disclosure, Security Incident, or Breach that may contain PHI and that would take
more than 48 hours to determine whether PHI was actually involved.
5. Mitigation of Disclosures of PHI
Business Associate will take reasonable measures to mitigate, to the extent practicable, any harmful effect that
is known to Business Associate of any use or disclosure of PHI by Business Associate or its agents or
subcontractors in violation of the requirements of this Agreement or the HIPAA Rules.
6. Obligations Regarding Business Associate Personnel
Business Associate will inform all of its employees, agents, and subcontractors (“Business Associate
Personnel”) who will be involved in providing services related to the Contract, of the Business Associate's
obligations under this Agreement. Business Associate represents and warrants that the Business Associate
Personnel are under legal obligation to Business Associate, by contract or otherwise, sufficient to enable
Business Associate to fully comply with the provisions of this Agreement and the HIPAA Rules. Business
Associate will maintain a system of sanctions for any Business Associate Personnel who violates this
Agreement.
7. Audit Report
a. Upon request, Business Associate will provide Maricopa County, with a copy of its most recent
independent HIPAA compliance report (AT-C 315), HITRUST certification, or other mutually agreed upon
independent standards based third party audit report.
b. Maricopa County agrees not to re-disclose Business Associate’s audit report.
8. Access to PHI
a. Within five business days of a request by Maricopa County for access to PHI, Business Associate will make
the requested PHI available to Maricopa County and will provide copies upon request.
b. If an individual requests access to an individual's PHI directly to Business Associate, Business Associate
will within five business days forward that request in writing to Maricopa County. Maricopa County will be
responsible for making all determinations regarding the grant or denial of an individual's request for PHI
and Business Associate will make no such determinations. Maricopa County will release PHI to an
individual pursuant to such a request, or direct Business Associate in writing to make the disclosure.
9. Amendment of PHI
a. Within five business days of a request and instruction from Maricopa County, Business Associate will
amend PHI or a record about an individual that is maintained by, or otherwise within the possession of,
Business Associate in accordance with procedures established by 45 C.F.R. § 164.526.
b. If an individual requests that Business Associate amend an individual's PHI, Business Associate within five
business days will forward this request to Maricopa County. Any decision to amend PHI will be the sole
responsibility of Maricopa County.
10. Accounting of Disclosures of PHI
a. Business Associate will document any disclosures of PHI made by it to account for such disclosures as
required by 45 C.F.R. § 164.528. Business Associate also will make available information related to such
disclosures as would be required for Maricopa County to respond to a request for an accounting of
disclosures in accordance with 45 C.F.R. § 164.528. Business Associate will maintain its record of
disclosures for six years from the termination of this Agreement.
b. Ataminimum, Business Associate will record the following information:
i. the date of disclosure of PHI;
ii. the name of the entity or person who received PHI, and, if known, the address of such entity or person;
iii. a description of the PHI disclosed; and
iv. a brief statement of the purpose of the disclosure that includes the basis for such disclosure.
c. Within five business days of receiving a written request from Maricopa County, Business Associate will
provide Maricopa County its records of disclosures.
d. If an individual requests an accounting of disclosures directly from Business Associate, Business Associate
will within five business days forward the request and its records of disclosures to Maricopa County.
Maricopa County Business Associate Agreement 3
04/02/2026