REIMBURSEMENT MOA 02-08-2019.DOCX

REIMBURSEMENT
MEMORANDUM OF AGREEMENT
BETWEEN THE DEPARTMENT OF HOMELAND SECURITY,
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
AND
STATE OF ARIZONA
MARICOPA COUNTY RECORDER
I. Parties
The parties to this agreement are Maricopa County Recorder (User Agency) and the United States
Department of Homeland Security, U.S. Citizenship and Immigration Services (DHS-
USCIS) Systematic Alien Verification for Entitlements (SAVE) Program.
The SAVE Program allows federal, state and local government benefit-granting agencies,
licensing bureaus, and other agencies authorized by law to confirm the immigration status of
noncitizen and certain citizen applicants requesting benefits or entitlements.
”User Agency” hereinafter refers to the User Agency, and its authorized employees,
agents or designees.
”DHS-USCIS” hereinafter refers to the agency and its authorized employees, agents or
designees.
II. Purpose
A. The purpose of this Reimbursement Memorandum of Agreement ( RMOA) is to establish
the terms and conditions governing the reimbursement of costs incurred by the SAVE
Program pursuant to services rendered under the Memorandum of Agreement between the Office of
the Arizona Secretary of State and DHS-USCIS (Arizona MOA). The Arizona MOA governs
the provision of SAVE verification services to the User Agency for the purpose of verifying
citizenship and immigration status information of non-citizen and naturalized or derived U.S.
citizen registrants (registrants) when they register to vote (benefit). User Agency
acknowledges and agrees that it is bound to and will comply with the terms and conditions set
forth in the Arizona MOA. This RMOA does not otherwise alter the terms and conditions
established for use of the SAVE Program by the Arizona MOA.
B. Pursuant to the requirements of OMB Circular A-97, which establishes the President's
guidelines for implementing the Intergovernmental Cooperation Act, 31U.S.C. Section 6501, et
seq., as amended, the User Agency certifies that it cannot procure the immigration status
verification services requested pursuant to this RMOA reasonably and expeditiously through
ordinary business channels.
III. Authority
The legal authorities provided for in this RMOA include, but are not limited to, the fol1owing:
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No.
104-193, 110 Stat. 2105, as amended.
Immigration Reform and Control Act of 1986, Pub. L. No. 99-603, 100 Stat. 3359, as
amended.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No.
104-208, 110 Stat. 3009, as amended.
Privacy Act, 5 U.S.C. § 552a, as amended.
The Inter-Governmental Cooperation Act, 31 U.S.C. § 6501, et seq., as amended.
The National Voter Registration Act, 52 U.S.C. § 20501, et seq., as amended.
Help America Vote Act, 52 U.S.C. § 20901, et seq., as amended.
Voting Rights Act, 52 U.S.C. § 10301, et seq., as amended.
Civil Rights Act of 1960, 52 U.S.C. §§ 10101, 20701, as amended.
Ariz. Rev Stat. Ann. § 16-101 A. 1., as amended.
Ariz. Rev Stat. Ann. § 16-166 F. 4., as amended.
IV. Responsibilities
A. The User Agency Point of Contact (POC) and the DHS-USCIS SAVE program office
shall be responsible for technical oversight of the service as set forth in the RMOA. Only authorized
employees, agents, or designees of DHS-USCIS may carry out the requirements of this
RMOA. In carrying out these responsibilities, they will operate within the scope of applicable
regulations, specifically delegated authorities, and the program authorities and funding
limitations of the RMOA.
B. T h e A r i z o n a M O A d e s c r i b e s t h e r e s p o n s i b i l i t i e s o f t h e p a r t i e s c o n c e r n i n g
e n r o l l m e n t i n a n d u s e o f t h e S A V E P r o g r a m . The Office of the Arizona Secretary of
State (ASOS) administers access to SAVE by Arizona County Recorders. User Agency
acknowledges and agrees that it is required to comply with the terms and conditions set forth in
the Arizona MOA when accessing citizenship or immigration status data obtained through the
SAVE Program.
C. DHS-USCIS agrees to:
(1) Recover no more than its actual costs. The total estimated cost of the agreement is
specified on the attached USCIS Anticipated Collections from Non-Federal Sources
Addendum. The User Agency certifies that it has obligated at least the amount specified
on the USCIS Anticipated Collections from Non-Federal Sources Addendum to pay for its
SAVE usage. DHS-USCIS shall notify the User Agency's designated Point of Contact
(POC) in writing when the amount paid plus what is owed for unpaid usage equals 80
percent of the estimated total costs. DHS-USCIS will not provide services that would
result in the amount paid plus the amount owed for unpaid usage exceeding the amount
specified on the USCIS Anticipated Collections from Non-Federal Sources Addendum. In
this instance, DHS-USCIS will be excused from further performance of the work unless
and until the User Agency's authorized official increases estimated total cost of this
agreement by modification pursuant to provision VIII of this MOA;
(2) Submit invoices to the User Agency's payment office at the address specified on the
USCIS Anticipated Collections from Non-Federal Sources Addendum, with a copy

furnished to the POC. DHS-USCIS may submit invoices when the work is
completed or as otherwise authorized. The High Level Identifier, tax identification
number, and associated dollar amounts will be referenced on all invoices; and
(3) Promptly initiate year-end and closeout adjustments once final costs are known.
D. User Agency agrees to:
(1) Pay the transaction prices provided in the attached current standard billing rates, which
along with methods of payment are subject to change upon prior written notification to the
User Agency. Each year, the User Agency will obligate funds sufficient to reimburse
DHS-USCIS under a current appropriation upon execution of the attached USCIS
Anticipated Collections from Non-Federal Sources Addendum;
(2) Pay in full within 30 days of the invoice date. The User Agency will pay any
applicable sales, use, excise, and like taxes, where required by law, that are stated on each
invoice. Regardless of payment type, the User Agency will clearly indicate the High
Level Identifier with remittance;
(3) If the User Agency pre-pays for its usage, it shall submit the entire committed amount
before being allowed access to VIS; and
(4) Promptly discuss and resolve issues and questions with DHS-USCIS regarding
payments. Delinquent payments shall be handled in accordance with the Debt Collection
and Improvement Act of 1996, 31 U.S.C. Section 3701. Interest on all unpaid balances
shall be charged at the rate of the current value of funds to the United States Treasury
effective on the date of the invoice. The rate is the Treasury tax and loan rate. It is
published annually or quarterly by the Secretary of the Treasury in the Federal Register
and the Treasury Fiscal Requirements Manual Bulletins. Handling charges will accrue at
monthly rates of $5.00 for each of the first two months of delinquency and $10.00 for each
month thereafter. In addition to interest and handling charges, if DHS-USCIS does not
receive payment within 90 days of the invoice, 6% per annum additional interest will be
assessed. Charges will be computed from the date of the invoice and will accrue monthly
with the applicable interest and handling charges. In the case of any late payment, the
amount received will be applied in this sequence: (1) to any accrued penalty and handling
charges: (2) to any accrued interest; and (3) to outstanding principal. Failure to make
timely payment may result in termination of services.
V. Points of Contact
USCIS SAVE Program MS 2620, U.S. Citizenship and Immigration Services, Department of
Homeland Security, Washington, DC 20529-2620, (888) 464-4218,
Attn: SAVE Operations. E-mail: SAVEregistration@dhs.gov.
USCIS SAVE Monitoring and Compliance MS 2640, U.S. Citizenship and Immigration
Services, Department of Homeland Security, Washington, DC 20529-2640,
(888) 464-4218. E-mail: SAVE.monitoring@dhs.gov.
USER AGENCY- Jasper Altaha, Maricopa County Elections, 111 South 3rd Avenue, Phoenix, AZ
85003, (602) 506-2269, jaltaha@risc.maricopa.gov.
VI. Other Provisions
(A) Third Party Liability. Each party to this RMOA shall be solely responsible for its own

defense against any claim or action by third parties arising out of or related to the execution
and/or performance of this RMOA, whether civil or criminal, and retain responsibility for the
payment of any corresponding liability.
Nothing in this RMOA is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees or the User Agency.
(B) Disputes. Disagreements on the interpretation of the provisions of this RMOA that cannot
be resolved between the DHS-USCIS program office and the User Agency point of contact
should be provided in writing to the authorized officials at both agencies for resolution. If
settlement cannot be reached at this level, the disagreement will be elevated to the next level
in accordance with DHS-USCIS procedures for final resolution.
(C) Conflicts. This RMOA, its attachments and addenda constitute the full RMOA on this
subject between DHS-USCIS and the User Agency. Any inconsistency or conflict between or
among the provisions of this RMOA, will be resolved in the following order of precedence:
(1) this RMOA and (2) other documents incorporated by reference in this RMOA, i.e.,
Arizona MOA, the USCIS Anticipated Collections from Non-Federal Sources Addendum and
standard billing rates.
(D) Severability. Nothing in this RMOA is intended to conflict with current law or regulation
or the directives of DHS, DHS-USCIS, or the User Agency. If a term of this RMOA is
inconsistent with such authority, then that term shall be invalid but, to the extent allowable,
the remaining terms and conditions of this RMOA shall remain in full force and effect. In the
event of a conflict that prevents either party from fulfilling its obligations, this RMOA may be
immediately canceled without providing the 30 day notice period referenced in Section VIII.
(E) Assignment. The User Agency may not assign this RMOA, nor may it assign any of its
rights or obligations under this RMOA. To the extent allowable by law, this RMOA shall
inure to the benefit of, and be binding upon, any successors to DHS-USCIS and the User
Agency without restriction.
(F) Waiver. No waiver by either party of any breach of any provision of this RMOA shall
constitute a waiver of any other breach. Failure of either party to enforce at any time, or from
time to time, any provision of this RMOA shall not be construed to be a waiver thereof.
(G) Limitations. This RMOA is limited to the provision of verification services. It is not intended
to be, and should not be construed as, an opinion on the part of DHS-USCIS or the United
States regarding any right or benefit under any program administered by the User Agency.
VII. Effective Date
This RMOA shall be effective when the DHS-USCIS authorized official and User Agency
authorized official have both signed the RMOA. This RMOA shall continue in effect unless
modified or terminated in accordance with the provisions of this RMOA.
VIII. Modification and Termination
(A) This RMOA is subject to periodic review by DHS-USCIS, its authorized agents or designees,
and, if necessary, periodic modification and/or renewal to assure compliance with current law,
policy, and standard operating procedure(s). This RMOA and the Arizona MOA, attached USCIS

Anticipated Collections from Non-Federal Sources Addendum and standard billing rates constitute
the complete MOA between the parties for its stated purpose, and no modification or addition will
be valid unless entered into by mutual consent of both parties evidenced in writing and signed by
both parties and appended to this agreement; and
(B) The User Agency may accomplish a unilateral administrative modification to add funds to the
RMOA, and either party may accomplish a unilateral administrative modification to change POC
information. A written bilateral modification (i.e., agreed to and signed by authorized officials of
both parties) is required to change any other term of this RMOA.
(C) Either party may terminate this RMOA at any time by providing 30 days written notice of
intent. DHS-USCIS, when feasible, will consult with the User Agency and attempt to reconcile
issues before terminating this RMOA. Notwithstanding any other provision in the RMOA, DHS-
USCIS may suspend or terminate this RMOA without prior notice if deemed necessary because of
a requirement of law or policy, upon a determination by DHS-USCIS that there has been a breach
of system integrity or security by the User Agency or a failure by the User Agency to comply with
established procedures or legal requirements, including but not limited to failure to pay.
Written notices shall be sent to the addresses of the POCs listed herein and shall be effective upon
receipt. Either party may change its POC by written notice to the other party.
The foregoing, in conjunction with the referenced and incorporated attachments, constitutes the full
agreement on this subject between DHS-USCIS and the User Agency. This RMOA supersedes all
previous agreements governing the provision of verification services. Those agreements are
explicitly acknowledged to be null and void.
The undersigned represent that they are authorized to enter into this RMOA on behalf of
DHS-USCIS and the User Agency, respectively.
Jonathan Mills Insert Name
Acting Chief, SAVE Insert Title
U.S. Citizenship and Immigration Services Insert Program Office
Department of Homeland Security Maricopa County, Arizona
Date Date