MIHS IGA FINAL 2018 1106.DOCX

MARICOPA COUNTY
INTERGOVERNMENTAL AGREEMENT
between Maricopa County, Ryan White Part A Program
and
Maricopa County Special Health Care District
1. Agreement Number ________________ 2. Agreement Type: Cost Reimbursement
3. Agreement Amount $3,000,000 annually 4. Purpose: HIV Services
5. Start Date: __March 1, 2019 6. Expiration Date: February 28, 2022___________
This Agreement is entered into by and between the Maricopa County Special Health Care District, dba
Maricopa Integrated Health System (“the Subrecipient” or “MIHS” or “Contractor”) and Maricopa
County (“the County”) by and through its Ryan White Part A Program (RWPA) (“the Department”).
Subrecipient, 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 document its exhibits, Attachments and Appendices, including any Subcontracts or
Amendments as forth herein and in:
Section I. General Provisions
Section II. Special Terms
Section III. Scope of Work
Section IV. Attachments if necessary
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 any of the parties hereto. Nothing in this Agreement shall be construed as consent to
any suit or waiver of any defense in a suit brought against Maricopa County or its departments,
employees, agents or representatives, or Subrecipient, in any State or Federal Court. Legal Notice
under this Agreement shall be given by personal delivery or by Registered or Certified mail to the
addresses set forth below and be effective upon receipt by the party to whom addressed unless
otherwise indicated in said notice.
Notices to Subrecipient: Notices to County:
Maricopa County Special Health Care District Maricopa County Ryan White Part A Program
Attention: Leslie K. Lindquist, Director of Grants Rose Conner, Program Manager
2601 E. Roosevelt 301 West Jefferson Street, Suite 3200
Phoenix, AZ 85004 Phoenix, AZ 85003
Telephone: (480) 344-2429 Telephone: (602) 372-7091
E-mail:llindquist@mihs.org E-mail: connerr001@mail.maricopa.gov

IN WITNESS WHEREOF the parties enter into this Agreement
SUBRECIPIENT: COUNTY:
Maricopa County Special Health District MARICOPA COUNTY BOARD OF SUPERVISORS
Name: ________________________________ Name: Steve Chucri__________________
Title: ________________________________ Title: Chair, Board of Supervisors
Date: _________________________________ Date: ____________________________________
X X
ATTEST: ________________________Date:__________
Fran Mc Carroll, Clerk of the Board
Pursuant to A.R.S. §11-952, the Contractor’s Pursuant to A.R.S. §11-952, the Maricopa
Attorney has determined that this County Attorney’s Office has determined that
Intergovernmental Agreement is in proper this Intergovernmental Agreement is in proper
form and is within the powers and authority form and is within the powers and authority
granted under the laws of the State of Arizona. granted under the laws of the State of Arizona.
Signature: ________________________ Signature: __________________________
Date: ________________________ Date: __________________________
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Section I. GENERAL PROVISIONS
The Agreement referenced herein is funded by the Health Resources Services Administration (HRSA),
HIV/AIDS Bureau (HAB) Metropolitan Services Division, Ryan White Care Act Title 1 Program CFDA number
93.914-HIV Emergency Relief Projects Grants. This Agreement will commence on the date of approval by the
Maricopa County Board of Supervisors.
1.0 DEFINITIONS:
As used throughout these PROVISIONS, the following terms shall have the meanings set forth:
AGREEMENT: refers to this document and all attachments and amendments hereto.
ADMINISTRATIVE AGENT: refers to the Ryan White Part A Program Manager, a County agent,
responsible for Administration of the RWPA Grant.
SUBRECIPIENT: refers to Maricopa County Special Health Care District, who will be the service
provider.
CLIENT: means the Ryan White eligible individual who has completed the eligibility application
process and meets the HIV, Income, residency and third party payer requirements as outlined in
the Ryan White Part A Policy and Procedure Manual.
COUNTY: means Maricopa County, Arizona.
DEPARTMENT: means the Maricopa County, Ryan White Part A Program (RWPA)
PARTIES: means all entities associated with this Agreement i.e., the RWPA Program or Contractors
staff.
FUNDING SOURCE: means any Federal, State or Private Agency Funding Source that may impose
conditions on the funding that will be passed on to the Subrecipient.
PROGRAM MANAGER: means the Manager of the Maricopa County, Ryan White Part A Program.
RWPA: means the Maricopa County Ryan White Part A Program.
RWPC: means Ryan White Part C Program
RYAN WHITE PART A PROGRAM POLICY AND PROCEDURE MANUAL: is the policy and procedure manual
developed by the Ryan White Part A Program and is as provided on
http://www.ryanwhiteparta.com .
MIHS: means Maricopa County Special Health District
HRSA: means Health Services Resources Administration
2. 0 PURPOSE OF THE PROGRAM. AUTHORITY AND BACKGROUND:
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The Maricopa County Ryan White Part A (RWPA) Program’s mission is to provide medically necessary
health care and support services for low-income individuals with HIV infection who do not have
sufficient health care coverage or financial resources for coping with HIV/AIDS. Maricopa County’s
RWPA Program provides services to eligible clients residing in Maricopa and Pinal Counties. Maricopa
County’s RWPA Program provides funding to subrecipients to support the National HIV/AIDS strategy’s
goals, which currently include:
 Increasing access to care and optimizing health outcomes for people living with HIV;
 Reducing HIV related health disparities; and
 Reducing the number of people who become infected with HIV
The Ryan White Comprehensive AIDS Resources Emergency (CARE) Act was first enacted in 1990 and
subsequently amended several times. Currently, the Act was reauthorized in 2009 and is
called the Ryan White HIV/AIDS Treatment Extension Act of 2009. The authority for this grant
program is the Public Health Service Act Section 2603, 42 USC 300ff-13. The U.S. Department of
Health and Human Services (DHHS) administers the Part A program through the Health Resources
and Services Administration (HRSA), HIV/AIDS Bureau (HAB}, Division of Service System (DSS). The
entire CARE Act may be accessed at http:Uhab.hrsa.gov/abouthab/legislation.html.
Part A funds provide direct financial assistance to Eligible Metropolitan Areas (EMAs) that have
been the most severely affected by the HIV epidemic. Formula and supplemental funding
components of the grant assist EMAs in developing or enhancing access to a comprehensive
continuum of high quality, community-based care for low-income individuals and families with
HIV disease. A comprehensive continuum of care includes primary medical care, HIV-related
medications, mental health treatment, substance abuse treatment, oral health and case
management services that assist PLWH/A (People Living with HIV/AIDS) in accessing treatment of
HIV infection that is consistent with Public Health Service (PHS) Treatment Guidelines (current
treatment guidelines are available at www.AIDS info.nih.gov). Comprehensive HIV/AIDS care
beyond these core services also includes access to other health services (e.g., home health care,
nutritional, and rehabilitation service). In addition, this continuum of care may include
supportive services that enable individuals to access and remain in primary medical care (e.g.,
outreach, transportation, and food services).
Part A supplemental funds have been awarded since fiscal year {FY) 1999 under the Minority
AIDS Initiative (MAl) to improve the quality of care and health outcomes in communities of color
disproportionately impacted by the HIV epidemic. Funds are to initiate, modify, or expand
culturally and linguistically appropriate HIV care services for disproportionately impacted
communities of color. Following Congressional intent, MAl funds must be used to expand or
support new initiatives consistent with these goals.
MAl funds are subject to special conditions of award, and providers of services funded with MAI
funds must document their use separately from other Part A funds. Progress reports must be
provided in a beginning of year, Mid-Year Progress Report, and end-of-fiscal year Final Progress
Report. This information reported is used to monitor Compliance with the MAI Condition of Award
and related requirements;
 Progress in meeting planned objectives;
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 Potential grantee technical assistance needs;
 Type and quantity of services delivered and demographics of clients served, and;
 Improvements in access and health outcomes being achieved through these services.
The Contractor should consider how efforts at the local level are consistent with the Ryan White
HIV/AIDS Treatment Extension Act of 2009 which emphasizes the use of funds to address the
service needs of "individuals who know their HIV status and are not receiving primary medical
care services and for informing individuals of and enabling the individuals to utilize the services,
giving particular attention to eliminating disparities in access and services among
affected subpopulations and historically underserved communities" Section 2602 (b)(4)(D}(i).
Additionally, applicants should consider the Impact of the epidemic within the Phoenix EMA,
which consists of Maricopa and Pinal counties. Several studies are available for applicants to review
including:
 2006 Hispanic PLWH/A Needs Assessment
 2006 African American PLWH/A Needs Assessment
 2006 PLWH/A Out of Care Needs Assessment
 2006 Pinal County Needs Assessment
 Phoenix EMA 2006-2009 Comprehensive Plan
All reports can be viewed at the Phoenix EMA Ryan White Planning Council's website at
http://www.maricopa.gov/rwpa Moreover, in developing your application you should
consider the HIV/AIDS Bureau (HAB) Guiding Principles indicated below that have significant
implications for HIV/AIDS care services planning.
 The HIV/AIDS epidemic is growing among traditionally underserved and hard-to-reach
populations;
 The quality of emerging HIV/AIDS therapies can make a difference in the lives of people
living with HIV disease;
 Changes in the economics of health care are affecting HIV/AIDS care network; and
 Outcomes are a critical component of program performance.
All Care Act funded projects in any service category must participate in the existing community-
based continuum of care. This concept requires that services in a community must be organized to
respond to the individual's or family's changing needs, in order to reduce fragmentation of care.
For the Phoenix EMA to achieve this intent as required by HRSA guidance funded providers will be
required to attend meetings sponsored by the Phoenix EMA Ryan White Planning Council and
other management and technical assistance meetings deemed mandatory by Maricopa County
Ryan White Part A Program. Lastly, Part A funds must be used in a manner consistent with current
and future HRSA policies as developed by the Division of Metropolitan Services of the HIV/Bureau.
These policies can be reviewed on the HAB website at http:hrsa.gov.
3.0 OPTION TO RENEW AGREEMENT:
Subject to availability of funds and acceptable Subrecipient performance, the Subrecipient hereby
acknowledges and agrees that the Department shall have the right to extend this Agreement for
additional periods, not to exceed a total term of five (5) years, except that the cost will be subject to
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renegotiation. Any extension of the Agreement Period must be mutually acceptable to the
Department and the Subrecipient and signed by both parties in writing.
4.0 INVOICES AND PAYMENTS:
4.1 The actual amount of consideration to be paid to the Subrecipient depends upon the
actual hours worked; services provided and related expenses as stated in the current
approved budget and Work Plan or as modified by an amendment or appropriately
executed task order. Any unobligated balance of funds at the end of this Agreement
period will be returned to the Department in accordance with instructions to be
provided.
4.2 The Subrecipient shall submit electronically to the Department one (1) legible copy of
their detailed monthly invoice before payment(s) will be made.
4.3 Subrecipient will submit the invoice packet for services performed on or before the
twenty-fifth (25th) calendar day following the month in which services were performed.
The invoice must include the requirements as outlined in the Ryan White Part A’s
current policies and procedures manual.
4.4 Subrecipients providing medical services are required to utilize HCF-1500, UB-92 or
other standardized medical claim forms as agreed to with the Department, and to
submit these to the Ryan White Part A Program in addition to the other required invoice
reports and forms.
5.0 METHOD OF PAYMENT:
5.1 Subject to the availability of funds, Department will, within sixty (60) business days from
the date of receipt of the documents enumerated herein, process and remit to the
Subrecipient a warrant for payment up to the maximum total allowable for services
provided or work performed during the previous month. Payment may be delayed or
reduced if invoices are in non-compliance due to late submission, improperly completed
or missing documentation/information or for other contract or agreement non-
compliance occurring in the related grant year. Other non-compliance issues that may
delay or reduce payments can be related to any contractual issue, and may not
necessarily be related to the bill itself. Should Department make a disallowance in the
claim, the claim shall be processed for the reduced amount. If the Subrecipient protests
the amount or the reason for a disallowance, the protest shall be construed as a dispute
concerning a question of fact within the meaning of the "Disputes" clause of this
Agreement.
5.2 The Subrecipient understands and agrees that Department will not honor any claim for
payment submitted 60 calendar days after date of service. The Subrecipient
understands and agrees that Department will not process any claim for payment for
services provided after the grant year.
5.3 For claims that are subject to AHCCCS Regulation R9-22703.B1, Department will not
honor any claim for payment submitted nine months after date of service. Claims
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submitted 45 calendar days from the last day of the grant year will not be honored or
reimbursed.
5.4 Payments made by Department to the Subrecipient are conditioned upon the timely
receipt of applicable, accurate and complete invoice reports and forms submitted by the
Subrecipient. All monthly invoices must be supported by auditable documentation,
which is determined to be sufficient, competent evidential matter defined by the
Department.
5.5 The Subrecipient understands and agrees that Ryan White Part A is the payer of last
resort, and shall maximize and monitor all other revenue streams including self-pay and
all sources of third party reimbursements. The Subrecipient understands and agrees
that all self-pay and third party payments must be exhausted to offset program costs
before Ryan White funds are used. The Subrecipient must have policies and procedures
documented, in place and available for review by the RWPA program to determine and
bill these other potential payment sources. These third party payers include but are not
limited to Regional Behavioral Health Authority (RBHA), Medicaid (Arizona Health Care
Cost Containment Services/AHCCCS), Arizona Long Term Care System (ALTCS), TRICARE,
Medicare and private/commercial or other insurance. The Subrecipient will determine
eligibility of clients and assist with client enrollment whenever feasible.
5.6 Payments collected by the Subrecipient for Ryan White services must be recorded as
Program Income in the Subrecipient’s financial management system and deducted from
bills issued to the Department. Program income records must be made available to the
Department for assurance that such revenues are used to support related services. The
Subrecipient shall have policies and procedures for handling Ryan White revenue
including program income.
5.7 The Subrecipient shall have policies and staff training on the payer of last resort
requirement and how it meets that requirement payment shall be made to the
Subrecipient by Accounts Payable through the Maricopa County Vendor Express
Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract
Award the Subrecipient shall complete the Vendor Registration Form located on the
County Department of Finance Vendor Registration Web Site (https://azdom-
vss.hostams.com/webapp/PRDVSS1X1/AltSelfService).
5.8 EFT payments to the routing and account numbers designated by the Subrecipient will
include the details on the specific invoices that the payment covers. The Subrecipient is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
6.0 TAX (SERVICES):
6.1 No tax shall be levied against labor. It is the responsibility of the Subrecipient to determine
any and all taxes and include the same in proposal price.
6.2 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor.
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Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker’s Compensation.
7.0 AVAILABILITY OF FUNDS:
The provisions of this Agreement relating to payment for services shall become effective
when funds assigned for the purpose of compensating the Subrecipient as herein
provided are actually available to the Department for disbursement. The Department shall
be the sole judge and authority in determining the availability of funds under this
Agreement and the Department shall keep the Subrecipient fully informed as to the
availability of funds.
7.1 If any action is taken by any State Agency, Federal Department or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or
in connection with, this Agreement, the Department may amend, suspend,
decrease, or terminate its obligations under, or in connection with, this Agreement.
In the event of termination, the Department shall be liable for payment only for
services rendered prior to the effective date of the termination, provided that
such services are performed in accordance with the provisions of this Agreement.
The Department shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least ten (10) days in advance.
8.0 DUTIES:
8.1 The Contractor shall perform all duties stated in the budget’s schedule of deliverables
for that grant year and/or as directed by the current Ryan White Part A policies and
procedures manual.
8.2 The Subrecipient shall perform services at the location(s) and time(s) stated in this
application, the current approved work plan or as otherwise directed in writing, via an
amendment and/or task order from the Administrative Agent.
9.0 INDEMNIFICATION AND INSURANCE:
9.1 Each party shall secure and maintain during the life of this agreement statutory worker’s
compensation and employer’s liability insurance, commercial general liability and
automobile liability insurance, including contractual liability, with limits of at least:
$2,000,000. Each party shall retain the option of discharging this obligation by means of
funded self-insurance. Should coverage be provided on a claims-made basis, the
reporting period for claims service required by the Agreement will maintain Professional
Liability Insurance covering acts, errors, mistakes, and omissions arising out of the work
or service performed by the Subrecipient or any person employed by the Subrecipient,
with limits of no less than $2,000,000 per claim.
9.2 The Subrecipient shall secure and maintain Medical Malpractice insurance and, if
necessary, Commercial Umbrella insurance, which will insure and provide coverage for
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Medical Malpractice of the Contractor, with limits of no less than $5,000,000 for each
claim.
9.3 The MIHS shall secure and maintain property insurance or self-insurance coverage
protecting its personal property against all risk of physical damage loss for their full
replacement costs. The County shall obtain similar coverage for the personal property it
maintains in MIHS Facilities pursuant to this IGA. Unless one of the party’s personal
property is damaged by the actions of the other party or its agents or invitees, the MIHS
and the County agree to rely on their property insurance or self-insurance coverage for
all other personal property damages.
9.4 All carriers shall be approved and shall be in good standing with the Arizona Department
of Insurance and possess a B++ or better AM Best rating. Prior to the commencement
of this Agreement, the County and MIHS shall provide certificates of insurance
evidencing coverage provisions.
9.5 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 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.
9.6 The amount and type of insurance coverage set forth herein will in no way be construed
as limiting the scope of the indemnity in 9.5
10.0 DEFAULT:
County may suspend, modify or terminate this Agreement immediately upon written notice to
Subrecpient in the event of a non-performance of stated objectives or other material breach of
contractual obligations or upon happening of any event, which would jeopardize the ability of the
Contractor to perform any of its contractual obligations. Contractor will be permitted ten (10) days
from the written notice of default to cure pursuant to Section 13.4.
11.0 TERMINATION:
11.1 County or the Subrecipient may terminate this Agreement at any time with thirty (30) days
prior written notice to the other party. Such notice shall be given by personal delivery or
by Registered or Certified Mail.
11.2 This Agreement may be terminated by mutual written agreement of the parties specifying
the termination date herein.
11.3 County may terminate this Agreement upon twenty four (24) hours’ notice when County
deems the health or welfare of a client is endangered or Subrecipient non-compliance
jeopardizes funding source financial participation. If not terminated by one of the above
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methods, this Agreement will terminate upon the expiration date of this Agreement as
stated on the Cover Page.
12.0 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this Contract in whole
or in part if the Contractor fails to:
12.1 Deliver the supplies or to perform the services within the time specified in this Contract or
any extension;
12.2 Make progress, so as to endanger performance of this Contract; or
12.3 Perform any of the other provisions of this Contract.
12.4 The County’s right to terminate this Contract under these subparagraph may be exercised if
the Contractor does not cure such failure within ten (10) days (or more if authorized in
writing by the County) after receipt of the notice from the Procurement Officer specifying
the failure.
13.0 RIGHT OF PARTIAL CANCELLATION:
If more than one service category (Work Statement) is funded by this Agreement, Maricopa
County reserves the right to terminate this Agreement or any part thereof based upon the
Contractor’s failure to perform any part of this agreement without impairing, invalidating or
canceling the remaining service category (Work Statement) obligations.
14.0 USE OF SUBCONTRACTORS:
14.1 The use of subcontractors and/or consultants shall be pre-approved by the County. If
the use of subcontractors is approved by County, the Subrecipient agrees to use
written subcontract/consultant agreements which conform to Federal and State laws,
and the regulations and 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 Subrecipient referenced herein. The
Subrecipient is responsible for Agreement performance whether or not Subcontractors
are used. The Subrecipient shall submit a copy of each executed subcontract to County
within fifteen (15) days of its effective date.
14.1.1 All subcontract agreements must provide a detailed scope of work, indicating
the provisions of service to be provided by both the Subrecipient and
Subcontractor.
14.1.2 All subcontract agreements must include a detailed budget, identifying all
administrative and direct service costs as defined in the Budget, Revenues and
Expenditures section.
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14.1.3 All subcontract agreements must document the qualifications and ability to
provide services by the subcontracting agency.
14.2 The Subbrecipient agrees to include in any subcontracts a provision to the effect that
the subcontractor agrees that County shall have access to the subcontractor's facilities
and the right to examine any books, documents and records of the subcontractor,
involving transactions related to the subcontract and that such books, documents and
records shall not be disposed of except as provided herein.
14.3 The Subrecipient shall not enter into a subcontract for any of the work contemplated
under this Agreement except in writing and with prior written approval of the County.
Such approval shall include the review and acceptance by the County of the proposed
sub-contractual arrangement between the Subrecipient and the subcontractor.
14.4 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor,
who in turn shall pass-through the costs to the County, without mark-up. A copy of the
Subcontractor’s invoice must accompany the Prime Contractor’s invoice.
15.0 AMENDMENTS:
All Amendments to this Agreement must be in writing and signed by both parties.
16.0 TASK ORDERS:
Subrecipient shall not perform a task other than those found/defined in the agreement. Task
Orders may be issued by the Administrator of this agreement. Task Orders will be
communicated via written document and shall include, but are not limited to: budget amount,
reference to special conditions of award, and any special service and reporting requirements.
Amended Task Orders can be issued at any time during the grant year. Both parties shall sign a
new or amended Task Order.
17.0 ADDITIONS/DELETIONS OF SERVICE:
17.1 The County reserves the right to add and/or delete materials and services to a Contract.
If a service requirement is deleted, payment to the Contractor will be reduced
proportionately, to the amount of service reduced in accordance with the bid price. If
additional materials or services are required from a Contract, prices for such additions
will be negotiated between the Contractor and the County.
17.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also,
upon request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of the
County within two (2) business days, unless previously approved by the County.
18.0 STRICT COMPLIANCE:
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Acceptance by County of a performance that is not in strict compliance with the terms of the
Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms
of the Contract.
19.0 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
20.0 SEVERABILITY:
The removal, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
21.0 NON-LIABILITY:
Maricopa County and its officers and employees shall not be liable for any act or omission by the
Contractor or any subcontractor, employee, officer, agent, or representative of Contractor or
subcontractors occurring in the performance of this Contract, nor shall they be liable for
purchases or Contracts made by the Contractor in anticipation of funding hereunder.
22.0 EQUAL EMPLOYMENT OPPORTUNITY:
22.1 The Contractor will not discriminate against any employee or applicant for employment
because of race, age, handicap, color, religion, sex, or national origin. The Contractor will
take affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, age, handicap, color, religion,
sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
lay-off or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Contractor shall to the extent such provisions
apply, comply with Title VI and VII of the Federal Civil Rights Act; the Federal
Rehabilitation Act; the Age Discrimination in Employment Act; the Immigration Reform
and Control Act of 1986 (IRCA) and Arizona Executive Order 99.-4 which mandates that
all persons shall have equal access to employment opportunities. The Contractor shall
also comply with all applicable provisions of the Americans with Disabilities Act of 1990.
22.2 The Contractor will operate under this Agreement so that no person otherwise qualified
is denied employment or other benefits on the grounds of race, color, sex, religion,
national origin, ancestry, age physical or mental disability or sexual orientation except
where a particular occupation or position reasonably requires consideration of these
attributes as an essential qualification for the position.
23.0 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional
cost or other restriction except as may be established by law or applicable regulation. Each party
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shall supply to the other party, upon request, any available information that is relevant to a
Contract and to the performance thereunder.
24.0 NON-DISCRIMINATION:
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order
2009-09 including flow down of all provisions and requirements to any subcontractors. Executive
Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be
viewed and downloaded at the Governor of the State of Arizona’s website
(http://www.azgovernor.gov/dms/upload/EO_2009_09.pdf) which is hereby incorporated into
this contract as if set forth in full herein. During the performance of this contract, Contractor shall
not discriminate against any employee, client or any or any other individual in any way because
of that person’s age, race, creed, color, religion, sex, disability or national origin.
25.0 ISRAEL BOYCOTT:
By signing this Contract, the Contractor certifies that they are in compliance with Article 9, A.R.S.
§ 35-393 et seq.
26.0 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
26.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief that the Contractor, it’s current officers and
directors;
26.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from being awarded any contract or grant by
any United States Department or Agency or any state, or local jurisdiction;
26.1.2 have not within three (3) year period preceding this Contract;
26.1.2.1 been convicted of fraud or any criminal offense in connection with
obtaining, attempting to obtain, or as the result of performing a
government entity (Federal, State or local) transaction or contract;
and
26.1.2.2 been convicted of violation of any Federal or State antitrust statues
or conviction for embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving
stolen property regarding a government entity transaction or
contract;
26.1.2.3 are not presently indicted or criminally charged by a government
entity (Federal, State or local) with commission of any criminal
offenses in connection with obtaining, attempting to obtain, or as the
result of performing a government entity public (Federal, State or
local) transaction or contract; and are not presently facing any civil
charges from any governmental entity regarding obtaining,
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attempting to obtain, or from performing any governmental entity
contract or other transaction; and have not within a three (3) year
period preceding this Contract had any public transaction (Federal,
State or local) terminated for cause or default.
26.1.3. If any of the above circumstances described in the paragraph are applicable
to the entity submitting a bid for this requirement, include with your bid an
explanation of the matter including any final resolution.
26.1.4 The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all
solicitations for lower tier covered transactions related to this Contract.
27.0 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL IMMIGRATION
LAWS AND REGULATIONS:
27.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other Federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). 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 Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the employee’s
employment or at least three years, whichever is longer. I-9 forms are available for
download at USCIS.GOV.
27.2 The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 28.1
of this Section. Contractor and subcontractor shall be given reasonable notice of the
County’s intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the Contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
28.0 INFLUENCE:
As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
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28.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type of valuable contribution or
subsidy,
28.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
29.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLERBLOWER RIGHTS:
29.1 The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by Section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and Section
3.908 of the Federal Acquisition Regulation;
29.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in Section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
29.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
30.0 UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract the Contractor agrees to comply with all applicable provisions of
Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST
PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200
et seq.
31.0 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER
REVIEW:
31.1 In accordance with Section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any other
persons duly authorized by the Department shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
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31.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse
Maricopa County for the services not so adequately supported and documented.
31.3 If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the
disallowance. The course of action to address the disallowance shall be at sole discretion
of the County, and may include either an adjustment to future invoices, request for credit,
request for a check or deduction from current billings Submitted by the Contractor by the
amount of the disallowance, or to require reimbursement forthwith of the disallowed
amount by the Contractor by issuing a check payable to Maricopa County.
32.0 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed
cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to
adjustment of any future claim submitted by the Contractor by the amount of the disallowance,
or to require repayment of the disallowed amount by the Contractor.
32.1 The Contractor shall, upon written demand, reimburse Maricopa County for any
payments made under this Contract, which are disallowed, by a Federal, State or
Maricopa County audit in the amount of the disallowance, as well as court costs and
attorney fees which Maricopa County incurs to pursue legal action relating to such a
disallowance.
32.2 If at any time it is determined by County that a cost for which payment has been made is
a disallowed cost, County shall notify the Contractor in writing of the disallowance and
the required course of action, which shall be at the option of County either to adjust any
future claim submitted by the Contractor by the amount of the disallowance or to require
repayment of the disallowed amount by the Contractor.
32.3 The Contractor shall be responsible for repayment of any and all applicable audit
exceptions, which may be identified by County, State and Federal auditors of their
designated representatives, and reviewed by the Contractor. The Contractor will be billed
by the County for the amount of said audit disallowance and shall promptly repay such
audit disallowance within sixty (60) days of said billing.
33.0 OFFSET FOR DAMAGES:
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the Contract.
34.0 PUBLIC RECORD:
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Under Arizona law, all Contracts are public records and must be retained by the Records Manager
at the Office of Procurement Services. Contracts shall be open to public inspection and copying
after Contract award and execution, except for such Contracts or sections thereof determined to
contain proprietary or confidential information by the Office of Procurement Services.
35.0 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as
to create the relationship of employer and employee, co-employee, partnership, principal and
agent, or joint venture between the County and the Contractor.
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Section II. SPECIAL TERMS
1.0 EFFECT:
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement(s) and the Special or General
Provisions are in conflict the Work Statement(s) shall control.
2.0 GENERAL REQUIRMENTS:
2.1 The terms of this Agreement shall be construed in accordance with Arizona law. Any
action shall be brought in the appropriate court in the State of Arizona.
2.2 The Subrecipient 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 Insurance and Worker's Compensation.
2.3 The Subrecipient is an independent contractor in performance of the work and the
provision of services under this Agreement and is not to be considered an officer,
employee, or agent of Maricopa County.
3.0 CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS:
3.1 The Subrecipient shall, during the term of this Agreement, immediately inform County in
writing of the award of any other contract or grant where the award of such contract or
grant may affect either the direct or indirect costs being paid/reimbursed under this
Agreement. Failure by the Subrecipient to notify County of such award shall be a material
breach of the Agreement and County shall have the right to terminate this Agreement
without liability.
3.2. County may request, and the Subrecipient shall provide within a reasonable time, a copy of
any other contract or grant, when in the opinion of the Ryan White Part A Program
Manager, the award of the other contract or grant may affect the costs being paid or
reimbursed under this Agreement.
3.3 If County determines that the award to the Subrecipient of such other Federal or State
contract or grant has affected the costs being paid or reimbursed under this Agreement,
County shall prepare an Amendment effecting a cost adjustment. If the subrecipient
protests the proposed cost adjustment, the protest shall be construed as a dispute within
the meaning of the "Disputes" clause contained herein.
4.0 CONTRACTOR ELIGIBILITY:
Contractors providing services under this Agreement shall be public or non-profit and social services
providers, and other non-profit community organizations, medical care providers, community-based
organizations, HIV/AIDS service organizations, academic entities, or city, county , state, federal
governmental units. The CARE Act Amendments of 1996 provide for contracting with for-profit
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entities under certain limited circumstances. Specifically, the amendments allow Part A funds to be
used to provide direct financial assistance through contracts with private for-profit entities if such
entities are the only available provider of quality HIV care in the area Sec 2604(b) (2) Section 263(a)
1) Contractors are prohibited from serving as conduits to pass on their awards to for-profit entities.
To better serve Persons Living with HIV/AIDS (PLWHA) within the EMA, the Maricopa County Ryan
White Part A Program reserves the right, at its discretion, to issue multiple contracts within a service
category.
All services must be directed to enhance the delivery of services to persons living with HIV, and, in
limited restricted instances, their families. These funds may not be used for prevention services.
All providers must have documented evidence to substantiate referral relationships on an ongoing
basis. All providers must submit any written agreements with other organizations/entities that serve
the community of persons living with HIV and are 1) service providers and/or 2) points of entry or
access to HIV services. All Contractors shall include copies of such agreements, detailing each
agencies/organization’s roles and responsibilities.
5.0 REQUIREMENTS:
5.1 Subrecipient shall comply with all policies and procedures as defined in the current
Ryan White Part A Program Policies and Procedures Manual and amended versions.
5.2 Subrecipient will maintain discrete client files for all individuals served and will secure
the necessary releases of information to allow for review of all pertinent client
information by employees of County and/or their designated representatives. The
Subrecipient will utilize an electronic medical record system to maintain client medical
records as conducted by RWPA.
5.3 Subrecipient shall respond to all requests for information and documentation solicited
by County when they are submitted in writing no later than seventy two (72) hours of
receipt of request.
5.4 Subrecipient shall participate with a standardized anonymous Consumer Satisfaction
Survey issued by the RWPA program. The procedure is included in the Ryan White
Part A Program Policies and Procedures Manual.
5.5 Subrecipient’s service locations shall be accessible by public transportation. If service
locations are not accessible by public transportation, the Subrecipient shall have
policies and procedures in place that describe how it will provide transportation
assistance to clients.
5.6 Subrecipients providing Medicaid eligible services shall be certified to receive Medicaid
payments, or receive a waiver from the U.S. Secretary of Health and Human Services. The
Subrecipient shall document efforts to receive certification or waiver, and when
certified, maintain proof of certification and file of contracts with Medicaid insurance
companies.
6.0 THE PHOENIX EMA RYAN WHITE PLANNING COUNCIL:
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The Phoenix EMA Ryan White Planning Council (PC) is a planning body required under the
Part A authorization. The Chair of the Maricopa County Board of Supervisors serves as the
Chief Elected Official for the Planning Council. Membership of the PC must be reflective of the
epidemic within the Phoenix EMA and includes representatives from a variety of specific
groups such as providers of housing and homeless shelters, HIV prevention services,
representatives of individuals who were formerly Federal, State or local prisoners released
from the custody of the penal system and had HIV disease on the date released, other
mandated entities and interested advocates. The PC establishes service priorities, allocates
Part A funds, develops a comprehensive plan, and addresses the efficiency of the
grantee's administrative mechanism for rapidly contracting out funds to service providers.
The PC establishes Directives for service categories that are additional requirements that
must be incorporated into the program plan along with applicable Standards of Care. These
Directives are provided under the service category description and should also guide
prospective applicants in the development of goals, objectives and a work plan.
7.0 ADMINISTRATIVE AGENT AND QUALITY MANAGEMENT:
Part A funds are awarded to the Chairman of the Maricopa County Board of
Supervisors who acts as the chief elected official (CEO). The CEO retains ultimate
responsibility for submitting grant applications, ensuring that funds awarded are used
appropriately, and complying with reporting or other requirements. Most CEOs delegate day-
to-day responsibility for administering their Part A award to a health related department
within the jurisdiction.
For the purposes of this section, the CEO of the EMA has delegated this responsibility to the
Ryan White Part A Program within Maricopa County. Administrative activities under the
authority of the Administrative Agent include: Routine grant administration and monitoring
activities, including the development of applications for funds, the receipt, monitoring and
disbursal of program funds, the development and establishment of reimbursement and
accounting systems, the preparation of routine programmatic and financial reports,
compliance with grant conditions and audit requirements/promulgation of policies and
procedures and continuous quality improvement initiatives.
All activities associated with the County’s contract award procedures, including the
development of requests for proposals, contract proposal review activities, negotiation and
awarding of contracts, monitoring of contracts through telephone consultation, written
documentation or onsite visits, reporting on contracts, and funding reallocation activities.
The Administrative Agent will conduct site visits with service providers to monitor program
and fiscal compliance with contracts, and to ensure adherence to the EMA's Standards of care
as developed by the PC.
The Subrecipient agrees to include in any subcontracts a provision to the effect that the
subcontractor agrees that Maricopa County Ryan White Part A Program shall have access to
the subcontractor's facilities and the right to examine any books, documents, and records
of the subcontractor, involving transactions related to the subcontract. Additionally, Client
charts, care/treatment plans, eligibility requirements, etc., shall be available for inspection.
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The Administrative Agent will also provide technical assistance and training that providers may
be required to attend.
The CARE Act requires the establishment of quality management program and quality
service indicators for all Part A programs to ensure that persons living with HIV disease receive
those services and that the quality of those services meet certain criteria, specifically
Standards of Care and the Public Health Services treatment guidelines.
The Maricopa County Ryan White Part A Program has established a Quality Management
Program to assess all services funded under Ryan White Part A Program and to achieve the
goals set forth in the CARE Act. All funded programs are subject to quality management
reviews and technical assistance. All agencies must be able to demonstrate that health and
support services supported by Part A funds are consistent with PHS treatment guidelines and
the Standards of Care as established by the Planning Council.
All funded providers will be asked to submit quality management plans to reflect how
providers are ensuring quality services.
8.0 YEAR END RECONCILIATION OF RWPA CHARGES TO ACTUAL COSTS:
The Contractor agrees to perform a reconciliation of the amount charged to RWPA in the
Outpatient Ambulatory Care, Mental Health and Substance Abuse Service Programs with the
actual costs of delivering services on an annual fiscal year basis (July 1 through June 30th) and to
submit documentation no later than December 15th after the end of the MIHS fiscal year.
9.0 ADMINISTRATIVE COSTS:
Administrative costs are allowable for services provided through this IGA, up to a maximum of
10% of direct service costs, if the Contractor submits a line item budget identifying the
administrative costs specific to the RWPA Program.
10.0 CHANGES (SEE SECTION 16 AMENDMENTS):
The Maricopa County Ryan White Part A Program, with cause, by written order, may make
changes within the general scope of this Agreement in any one or more of the following areas
(Also see AMENDMENTS & TASK ORDER SECTIONS):
10.1 Schedule of deliverables activities reflecting changes in the scope of services, funding
source or County regulations;
10.2 Administrative requirements such as changes in reporting periods, frequency of reports,
or report formats required by funding source or County regulations, policies or
requirements, and/or;
10.3 Subrecipient fee schedules, reimbursement methodologies and/or schedules and/or
program budgets.
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10.3.1 Examples of cause would include, but are not limited to: non-compliance, under
performance, service definition changes, reallocations or other directives
approved by the Planning Council, or any other reason deemed necessary by the
Administrative Agent.
10.3.2 Such order will not serve to increase or decrease the maximum reimbursable
amount to be paid to the Contractor. Additionally, such order will not direct
substantive changes in services to be rendered by the Subrecipient.
11.0 DELIVERY:
It shall be the Subrecipients responsibility to meet the proposed delivery requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Subrecipient fails to make delivery and any price differential will be charged against the
Subrecipients.
12.0 COMPLIANCE MONITORING:
County shall monitor the Subrecipient's compliance with, and performance under, the terms and
conditions of the Agreement, on-site visits for compliance monitoring may be made by County
and/or its grantor agencies at any time during the Subrecipient's normal business hours,
announced or unannounced. The Subrecipient shall make available for inspection and/or copying
by County, all records and accounts relating to the work performed or the services provided under
this Agreement, or similar work and/or service provided under other grants and contracts.
13.0 ADEQUACY OF RECORDS:
If the Subrecipients books, records and other documents relevant to this Agreement are not
sufficient to support and document that allowable services were provided to eligible clients, the
Subrecipient shall reimburse Maricopa County for the services not adequately supported and
documented.
14.0 AUDIT REQUIREMENTS:
If the Subrecipient receives $750,000 or more from all contracts/agreements administered
and/or funded via County and/or receives $750,000 or more per year from any federal funding
sources, the Subrecipient will be subject to Federal Audit requirements per P.L 98-502 “the
Single Audit Act”. The Subrecipient shall comply with the Federal Uniform Guidance
requirements as applicable. The audit report shall be submitted to the Maricopa County Ryan
White Part A Programs for review with the twelve (12) months following the close of the year.
The Subrecipient shall take any necessary corrective action to remedy any material weakness
identified in the audit report with six (6) months after the release date o the report. Maricopa
County may consider sanctions as described in the Federal Uniform Guidance requirements for
subrecipients not in compliance with the audit requirements.
14.1 Audit Disallowances--The Subrecipient shall, upon written demand, reimburse
Department for any payments made under this Agreement, which are disallowed, by a
Federal, State or Maricopa County audit in the amount of the disallowance, as well as
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court costs and attorney fees which Maricopa County incurs to pursue legal action
relating to such a disallowance.
14.2 If at any time it is determined by Department that a cost for which payment has been
made is a disallowed d cost, Department shall notify the Subrecipient in writing of the
disallowance and the required course of action, which shall be at the option of
Department either to adjust any future claim submitted by the Subrecipient by the
amount of the disallowance or to require repayment of the disallowed amount by the
Subrecipient.
14.3 The Subrecipient shall be responsible for repayment of any and all applicable audit
exceptions, which may be identified by County, State and Federal auditors of their
designated representatives, and reviewed by the Subrecipient. The Subrecipient will be
billed by the Department for the amount of said audit disallowance and shall promptly
repay such audit disallowance within 60 days of said billing.
15.0 IMPROPRIETIES AND FRAUD:
15.1 The Subrecipient shall notify the Ryan White Part A Program in writing of any actual or
suspected incidences of improprieties involving the expenditure of CARE Act funds or
delivery of services. This will include when potential or current clients receive services,
or attempt to receive services, for which they are ineligible. Notification is also required
whenever acts of indiscretion are committed by employees that may be unlawful or in
violation of this agreement. Notification to the Ryan White Part A Program shall occur
in writing within 24 hours of detection.
15.1.1 The Federal Department of HHS Inspector General maintains a toll-free hotline
for receiving information concerning fraud, waste, or abuse under grants and
cooperative agreements. Such reports are kept confidential and callers may
decline to give their names if they choose to remain anonymous.
Office of Inspector General
TIPS HOTLINE
P. O. Box 23489
Washington, D. C. 20026
Telephone: 1-800-447-8477 (1-880-HHS-TIPS)
15.1.2 The Subrecipient shall be responsible for any loss of funds due to
mismanagement, misuse, and/or theft of such funds by agents, servants and/or
employees of the Contractor.
16.0 BUDGET REVENUES AND EXPENDITURES:
16.1 The Subrecipient shall have written fiscal and general policies and procedures that
include compliance with federal and Ryan White programmatic requirements.
16.2 The Subrecipient shall prepare and submit to Department a budget and Work Plan using
the current Ryan White Part A-approved formats at the beginning of each grant year in
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accordance with the stated funds allocated on the most recently issued task order. If the
task order is increased or decreased at any time throughout the duration of the grant
year, a revised budget and Work Plan may be required. The total administrative costs
budgeted; including any approved indirect rate (inclusive of Subrecipient and
Subrecipient(s)) cannot exceed 10% of the amount of the expenses for service(s)
provided. Any amount of administrative costs in excess of 10% will be reimbursed to the
Department.
16.3 Subrecipient agrees that all expenditures are in accordance with the current approved
budget. Any expenditure deemed unallowable by the Department is subject to the
Subrecipient submitting a full reimbursement to the Department.
16.4 Subrecipient agrees to establish and maintain a Financial Management System that is in
accordance with the standards required by Federal OMB Circular A-110, Subpart C.
Such system must also account for both direct and indirect cost transactions, reports on
the results of those transactions, are in compliance with the requirements of OMB
Circular A-21 and generally accepted accounting principles. All expenditures and
encumbered funds shall be final and reconciled no later than 45 days after the close of
the grant year.
16.5 Funds collected by the Subrecipient in the form of fees, charges, and/or donations for
the delivery of the services provided for herein shall be accounted for separately. Such
fees, charges and/or donations must be used for providing additional services or to
defray the costs of providing these services consistent with the Work Plan of this
Agreement. As applicable, the Subrecipient agrees to include, in the underlying budget,
the amount of projected revenue from client fees. The amount of funds collected from
client fees shall be reported by Subrecipient in the Monthly invoice by discrete service.
For audit purposes, the Subrecipient is responsible for maintaining necessary
documentation to support provision of services.
17.0 COMPENSATION:
The Department reserves the right to reallocate funding during the agreement period so that
the services provided and corresponding agreement amount may be decreased or increased, via
an amendment or Task Order, at the discretion of the Department.
Department will pay the Subrecipient on a monthly basis for approved services and expenses
and in accordance with the reimbursement methodology determined by the Department’s
Administrative Agent; either fee-for service or cost. The total funds paid to the Subrecipient will
be dependent upon the approved invoice according to the Department. Department does not
guarantee a minimum payment to the Subrecipient. Department will not reimburse for fee-for-
service activities when an appointment is canceled either by the client or Subrecipient.
The Subrecipient understands and agrees to notify the Department of any deviations or changes
to any budget line of the current budget in place for this agreement within 30 days of such
change.
The Subrecipient shall be compensated for services provided only by the staff
classifications/positions included/referenced in the current approved budget.
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Unless specifically allowed and referenced elsewhere in this agreement, all services are to be
provided at approved Subrecipient sites and/or venues. Services provided at non-authorized
locations or venues will not be reimbursed by the Department.
The Subrecipient shall provide monthly financial and corresponding programmatic reports per
the reporting schedule to the Department. If the Subrecipient is not in compliance due to non-
performance, submission of reports after deadlines, insufficient back-up statements or
improperly completed forms, the Subrecipient may not be reimbursed or reimbursement may
be delayed until program compliance issues and any other related financial consequences are
resolved. Furthermore, instances of non-compliance with billing and reporting requirements
may result in the Department reducing the Subrecipient’s reimbursement by up to 10% of the
corresponding month’s billing. Billing forms and instructions are included in the current Ryan
White Part A Program Policies and Procedures Manual.
18.0 REPORTING REQUIREMENTS:
18.1 The Subrecipient agrees to submit monthly invoices as defined in the Invoices and
Payments section of this agreement.
18.2 The Subrecipient agrees to submit any administrative, programmatic, Quality and/or
fiscal reports requested and at the due date defined by the Department.
18.3 The Subrecipient agrees to comply with and submit annual and semi-annual client-level
and provider-level data as required by HRSA by the due date(s) defined by the
Department.
18.4 The Subrecipient agrees to comply with ARS § 36-621, reporting contagious diseases.
18.5 Any employee, subrecipient or representative of the Subrecipient providing services
under this agreement shall follow the requirements of this law. Specifically, a person
who learns that a contagious, epidemic or infectious disease exists shall immediately
make a written report of the particulars to the appropriate board of health or health
department. The report shall include names and residences of persons afflicted with the
disease. If the person reporting is the attending physician he shall report on the
condition of the person afflicted and the status of the disease at least twice each week
19.0 TECHNICAL ASSISTANCE:
The Subrecipient is strongly encouraged to utilize the Ryan White Part A EMA technical assistance
available to orient new providers at your organization, working through the service goals, service
unit definition, process expected for service provision and the administrative documentation
required to comply with the Phoenix EMA Standards of Care and reporting requirements. This
technical assistance will ensure that your internal processes meet the standards required and will
assist you in fulfilling these requirements such that invoices are promptly paid.
20.0 SAFEGUARDING OF CLIENT INFORMATION:
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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.
21.0 RELEASE OF INFORMATION:
21.1 The Subrecipient agrees to secure from all clients provided services under this
Agreement any and all releases of information or other authorization requested by
County. Each client file documenting the provision of Part A services must contain a
current Administrative Agent authorized release form signed and dated by the client
or client's legal representative. Failure to secure such releases from clients may result
in disallowance of all claims to County for covered services provided to eligible
individuals. If service to anonymous clients is specifically allowed and approved by the
County according to the current Ryan White Part A policies and procedures manual or
otherwise stated in writing by the Administrative Agent, this provision does not apply.
21.2 The Subrecipient agrees to comply with A.R.S. §36-662, access to records. In
conducting an investigation of a reportable communicable disease to the Arizona
Department of Health Services and local health departments may inspect and
copy medical or laboratory records in the possession of or maintained by a health care
provider or health care facility which are related to the diagnosis, treatment and
control of the specific communicable disease case reported. Requests for records shall
be made in writing by the appropriate officer of the Arizona Department of Health
Services or local health department and shall specify the communicable disease case
and the patient under investigation.
22.0 REFERRAL RELATIONSHIPS:
22.1 Subrecipient must have documented evidence to substantiate referral relationships on
an ongoing basis consistent with HRSA guidance regarding “Maintaining Appropriate
Referral Relationships”, available from the RWPA upon request.
22.2 The Subrecipient shall have letters of agreement and Memorandums of Understanding
(MOUs), or contracts to document referral relationships with key points of entry. Key
points of entry may include:
 Emergency Rooms
 Substance abuse and Mental Health treatment programs
 Detoxification centers
 Detention facilities
 Sexually Transmitted Disease Clinics
 Homeless Shelters
 HIV Counseling and Testing sites
 Additional points of entry:
 Public Health Departments
 Health Care Points o entry specified by eligible areas
 Federally Qualified HealthCare Center (FQHCs)
 Entities such as Ryan White Part C and D subrecipients
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23.0 CERTIFICATION OF CLIENT ELIGIBILITY:
23.1 The Subrecipient agrees to determine and certify for eligibility for all clients seeking
services supported by Ryan White funds, according to the requirements detailed in
Eligibility section of the current Ryan White Part A Program Policies and Procedures
Manual.
23.1. 1 The Subrecipient agrees to have billing, collection, co-pay and sliding fee policies
and procedures that do not deny clients services for non-payment, inability to
produce income documentation, or require full payment prior to service, or
include any other barriers to service based on ability to pay.
23.1.2 If the Subrecipient charges clients for services, the Subrecipient agrees to charge
and document client fees collected in accordance with their sliding fee schedule.
This fee schedule shall be consistent with current federal guidelines. This fee
schedule must be published and made available to the public. If charging fees,
the Subrecipient must have a fee discount policy, sliding fee schedule, and
sliding fee eligibility applications. The Subrecipient must track fees charged and
paid by clients. The Subrecipient must have fee discount policy that includes
client fee caps, including:
 Clear responsibility for annually evaluating clients to establish individual
fees and caps
 Tracking of Part A charges or medical expenses inclusive of enrollment fees,
deductibles, and co-payments.
 A process for alerting the billing system that client has reached cap and no
further charges will be charged for the remainder of the year.
 Documentation of policies, fees, and implementation, including evidence
that staff understand those policies and procedures.
23.2 Subrecipient must have a process for charging, obtaining, and documenting client
charges through a medical practice information system, manual or electronically.
The chart below must be followed when developing the fee schedule.
Client Income Fees For Service
Less than or equal to 100% of the official
No fees or charges to be imposed
poverty line
Fees and charges for any calendar year
Greater than 100%, but not exceeding 200%,
may not exceed 5% of the client’s annual
of the official poverty line
gross income **
Fees and charges for any calendar year
Greater than 200%, but not exceeding 300%,
may not exceed 7% of client’s annual
of the official poverty line
gross income
Fees and charges for any calendar year
Greater than 300% of the official poverty line may not exceed 10% of client’s annual
gross income
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24.0 QUALITY MANAGEMENT:
24.1 The Subrecipient will participate in the Quality Management program as detailed in the
current Ryan White Part A Program, Policies and Procedures Manual.
24.2 The Subrecipient will utilize and adhere to the most current Standards of Care as
developed by the Phoenix Eligible Metropolitan Area (EMA) Planning Council.
24.3 The Subrecipient will develop and implement an agency-specific quality management
plan for Ryan White Part A-funded services. The Subrecipient will conduct Quality
Improvement projects at the agency level utilizing the Plan-Do-Study-Act (PDSA) model.
24.4 The Subrecipient will participate in Quality Improvement projects and report data per
the timeline established with the Department. Additionally, the Subrecipient will report
quality outcome measures established by the Department per the reporting schedule.
24.5 The Subrecipient will participate in the Quality Management activities of the Clinical
Quality Management Committee as requested by the Department.
24.6 The Subrecipient will conduct and provide documentation of quality assurance and
improvement activities, including maintenance of client satisfaction surveys and other
mechanisms as designated by the Department.
24.7 The Subrecipient will maintain a comprehensive unduplicated client level database of all
eligible clients served as well as demographic and service measures required and submit
this information in the format and frequency as requested by the Department. The
Department will make available to the Subrecipient software for the collection of this
information (CAREWare).
24.8 Maintain consent to serve forms signed by the clients to gain permission to report their
data to County, State and Federal authorized entities and to view their records as a part
of site visits and quality management review activities.
24.9 The Subrecipient will participate in Quality Management trainings sponsored by the
Department which are deemed mandatory. The Subrecipient understands that non-
participation in these types of activities may result in non-compliance with the
Standards of Care as mandated by the Ryan White Act. Further, such non-participation
in Quality Management trainings could result in prompting a performance monitoring
site visit.
25.0 COVENANT AGAINST CONTINGENT FEES:
The Subrecipient warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty
the Department may annul this contract without liability.
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26.0 CONFIDENTIALITY:
26.1 The Subrecipient understands and agrees that this Agreement is subject to all State and
Federal laws protecting Client confidentiality of medical, behavioral health and drug
treatment information.
26.2 The Subrecipient shall establish and maintain written procedures and controls that
ensure the confidentiality of Client medical information and records.
26.3 In accordance with Section 318 (e) (5} of the Public Health Service Act [42 U.S.C. 247c (e)
(5}), no information obtained in connection with the examination, care or services
provided to any individual under any program which is being carried out with Federal
monies shall, without such individual's consent, be disclosed except as may be necessary
to provide services to such individual or as may be required by laws of the State of
Arizona or its political sub-divisions. Information derived from any such program may
be disclosed a) in summary, statistical, or other form; or b). for clinical research
purposes, but only if the identity of the individual diagnosed or provided care under
such program is not disclosed. The Subrecipient shall comply with the provisions of
A.R.S. §36-663 concerning HIV-related testing; and A.R.S. §36-664 concerning
confidentiality; in providing services under this Agreement.
26.4 Confidential communicable disease related information may only be disclosed as
permitted by law, and consistent with the Ryan White Part A Program Policy Manual.
27.0 EQUIPMENT:
27.1 All equipment and products purchased with grant funds should be American-made.
The title to any and all equipment acquired through the expenditure of funds
received from the Department shall remain that of the Department of Health and
Human Services, Health Resources and Services Administration. Department must
specifically authorize the acquisition of any such equipment, in advance. Upon
termination of this Agreement, the Department may determine the disposition of all
such equipment.
27.2 The Subrecipient agrees to exercise reasonable control over all equipment purchased
with capital outlay expensed funds. All equipment lost, stolen, rendered unusable or
no longer required for program operation must be reported immediately to Department
for disposition instructions. The Subrecipient shall report the physical inventory
of all equipment purchased with agreement funds within sixty (60) days of receipt
of such equipment to the Ryan White Part A Program Administrative Offices.
28.0 RESTRICTION ON FUNDS:
28.1. The Subrecipient shall not utilize funds made available under this Agreement to make
payments for any item or service to the extent that payment has been made, or can
reasonably be expected to be made, with respect to that item or service:
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28.1.1 Under any State compensation program, under any insurance policy, or under
any Federal, State, or County health benefits program; or
28.1.2 By an entity that provides health services on a prepaid basis.
28.2 Funds shall not be used to purchase or improve (other than minor remodeling) any
building or other facility, or to make cash payments to intended recipients of services
as referenced in the Arizona Revised Statutes (ARS) A.R.S. §41-2591, A.A.C. R2-7-701 and
Code of Federal Regulations, Chapter 1, Subchapter e., Part 31, and Public Health Service
Grants Policy Statement.
28.3 The federal Office of General Counsel and County emphasize that Ryan White Act funds
may only support HIV- related needs of eligible individuals. All activities and
expenditures must reflect an explicit connection between any service supported with
Ryan White Act funds and the intended recipient's HIV status.
28.4 Subrecipient is not authorized to provide services anonymously, unless specifically
approved for the service category in which the Subrecipient is providing services. All
services must only be provided to documented eligible clients as defined in this
agreement.
28.5 Ryan White funds shall not be used to finance the services of lobbyists, fundraisers or
grant/proposal writers, nor to support lobbying, fundraising activities and/or the
writing of grant/contract proposals. The Contractor shall have personnel policies and an
employee orientation manual that include regulations that forbid using federal funds
to lobby Congress or other Federal personnel.
28.6 The Ryan White Act limits the administrative expenses to not more than 10% of the
total grant award. The Act defines the allowable "administrative activities" to include:
28.6.1 Usual and recognized overhead, including established indirect rates for
agencies;
28.6.2 Management and oversight of specific programs funded under this title; and
28.6.3 Other types of program support such as quality assurance, quality control, and
related activities.
29.0 CULTURAL COMPETENCY:
29.1 The Subrecipient shall meet and comply with applicable standards of the federal
Culturally and Linguistically Appropriate Services (CLAS) standards The Contractor shall
develop and implement organizational policies that comply with these standards.
29.2 The Subrecipient shall recognize linguistic subgroups and provide assistance in
overcoming language barriers by the appropriate inclusion of American Sign Language
and languages of clients accessing care.
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30.0 ANTI-KICKBACK REGULATIONS:
30.1 If the Subrecipient is a Medicare/Medicaid provider, it shall maintain a Corporate
Compliance Plan.
30.2 The Subrecipient shall maintain Personnel Policies, Code of Ethics or Standards of
Conduct, Bylaws and Board policies that include ethics standards or business conduct
practices.
30.3 The Subrecipient shall maintain documentation of any employee or Board member
violations of Code of Ethics/Standards of Conduct, and complaints of violations and
resolution. The Subrecipient’s Code of Ethics/Standards of Conduct shall include:
 Conflict of Interest
 Prohibition on use of provider property, information or position without approval
or advance personal interest
 Fair dealing: Subrecipient engages in fair and open competition
 Confidentiality
 Protection and use of company assets
 Compliance with laws, rules, regulations
 Timely and truthful disclosure of significant accounting deficiencies and non-
compliance
30.4 The Subrecipient shall have adequate policies and procedures to discourage soliciting
cash or in-kind payments for:
 Awarding contracts
 Referring clients
 Purchasing goods of services
 Submitting fraudulent billings
 Hiring persons with a criminal record
 59.1.1Hiring persons being investigated by Medicare/Medicaid5
 Large signing bonuses
 LAWS, RULES AND REGULATIONS
 The Subrecipient understands and agrees that this A g r e e m e n t is subject to
all State and Federal laws, rules and regulations that pertain hereto
31 CONTRACTOR LICENSE REQUIREMENT
31.1 The Contractor shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as
necessary complete any required certification requirements, required by any and all
governmental or non-governmental entities as mandated to maintain compliance with
and in good standing for all permits and/or licenses. The Respondent shall keep fully
informed of existing and future trade or industry requirements, Federal, State and Local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
Contract and shall comply with the same. Contractor shall immediately notify both
Office of Procurement Services and the using agency of any and all changes concerning
permits, insurance or licenses.
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31.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to possess the required licenses
by subcontracting of the labor portion of the Contract. Respondents are advised to
contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to
ascertain licensing requirements for a particular contract. Respondents shall identify
which license(s), if any, the Registrar of Contractors requires for performance of the
Contract.
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Section III. SCOPE OF WORK
The Maricopa County Ryan White Part A (RWPA) Program’s mission is to provide medically necessary
health care and support services for low-income individuals with HIV infection who do not have
sufficient health care coverage or financial resources for coping with HIV/AIDS. Maricopa County’s
RWPA Program provides services to eligible clients residing in Maricopa and Pinal Counties. Maricopa
County’s RWPA Program provides funding to subrecipients to support the National HIV/AIDS strategy’s
goals, which currently include:
 Increasing access to care and optimizing health outcomes for people living with HIV;
 Reducing HIV related health disparities; and
 Reducing the number of people who become infected with HIV
By entering into this Agreement, MIHS agrees to provide services to eligible RWPA clients in service
categories that may include:
1.0 SERVICE CATEGORY(S) ALLOWED:
1.1 Outpatient and Ambulatory Medical Care Services
DEFINITION: The provision of professional diagnostic and therapeutic services rendered
by a licensed physician, physician’s assistant, clinical nurse specialist, or nurse
practitioner in an outpatient setting (not a hospital, hospital emergency room, or any
other type of inpatient treatment center), consistent with Human Health Services (HHS)
guidelines and including access to antiretroviral and other drug therapies, including
prophylaxis and treatment of opportunistic infections and combination antiretroviral
therapies.
Services include – Diagnostic testing, early intervention and risk assessment, preventive
care and screening, practitioner examination, medical history taking, diagnosis and
treatment of common physical and mental conditions, prescribing and managing
medication therapy, education and counseling on health issues, well-baby care,
continuing care and management of chronic conditions, referral to and provision of HIV-
related specialty care (includes all medical subspecialties even ophthalmic and
optometric services. As part of Outpatient Ambulatory Medical Care, provision of
laboratory tests integral to the treatment of HIV infection and related complications
1.2 Oral Health Services
DEFINITION: The provision of diagnostic, preventive and therapeutic dental care that is
in compliance with state dental practice laws, includes evidence-based clinical decisions
that are formed by the American Dental Association Dental Practice Parameters, is
based on an oral health treatment plan, adheres to specified services caps, and is
provided by licensed and certified dental professionals
1.3 Early Intervention Services
DEFINITION: The identification of individuals at points of entry and access to services
and provision of – HIV Testing and Targeted Counseling, Referral Services, Linkage to
Care, and Health Education and Literacy training that enables clients to navigate the HIV
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system of care. All four components must be present, but Part A funds to be used for
HIV testing only as necessary to supplement, not supplant, existing funding
1.4 Health Insurance Premium and Cost-Sharing Assistance
DEFINITION: To provide a cost-effective alternative to ADAP by –
 Purchasing health insurance that provides comprehensive primary care and
pharmacy benefits for low income clients that provide a full range of HIV
medications
 Paying co-pays (including co-pays for prescription eyewear for conditions related to
HIV infection) and deductibles on behalf of the client
 Providing funds to contribute to a client’s Medicare Part D true out-of=pocket
(TrOOP) costs
1.5 Home Health Care
DEFINITION: Services provided in the patient’s home by licensed health care works such
as nurses; services to exclude personal care to include –
 The Administration of intravenous and aerosolized treatment,
 Parenteral feeding
 Diagnostic testing
 Other medical therapies
1.6 Home and Community-based Health Services
DEFINITION: Skilled health services furnished in the home of an HIV-infected individual,
based on a written plan of care prepared by a case management team that includes
appropriate health care professionals.
Allowable services include –
 Durable medical equipment
 Home health aide and personal care services
 Day treatment or other partial hospitalization services
 Home intravenous and aerosolized drug therapy (including prescription drugs
administered as part of such therapy)
 Routine diagnostic testing
 Appropriate mental health, developmental, and rehabilitation services
 Non-allowable services include –
 Inpatient hospital services
 Nursing home and other long term care facilities
1.7 Mental Health Services
DEFINITION: The provision of psychological and psychiatric treatment and counseling
services offered to individuals with a diagnosed mental illness, conducted in a group or
individual setting, based on a detailed treatment plan, and provided by a mental health
professional licensed or authorized within the State to provide such services, typically
including psychiatrists, psychologists, and licensed clinical social workers.
1.8 Medical Nutrition Therapy
DEFINITION: Nutritional supplements provided outside of a primary care visit by a
licensed registered dietician; may include food provided pursuant to a physician’s
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recommendation and based on a nutritional plan developed by a licensed registered
dietician.
1.9 Medical and Non-Medical Case Management Services
DEFINITION: The provision of Medical Case Management services (including treatment
adherence) support to ensure timely and coordinated access to medically appropriate
levels of health and support of services and continuity of care provided by trained
professionals, including both medically credentialed and other health care staff who are
part of the clinical care team, through all types of encounters including face=to-face,
phone contact, and any other form of communication. Activities that include at least
the following –
 Initial assessment of service needs
 Development of a comprehensive, individualized care plan
 Coordination of services required to implement the plan
 Continuous client monitoring to assess the efficacy of the plan
 Periodic re-evaluation and adaptation of the plan at least every six months, as
necessary
 Treatment adherence counseling to ensure readiness for, and adherence to,
complex HIV/AIDS treatments
DEFINITION: The provision of Non-Medical Case Management services provide advice
and assistance to clients in obtaining medical, social, community, legal, financial, and
other needed services, may include –
 Benefits/entitlement counseling and referral activities to assist eligible clients to
obtain access to public and private programs
 All types of case management encounters and communications (face-to-face,
telephone contact, other)
 Transitional case management for incarcerated persons as they prepare to exit the
correctional system.
1.10 Substance Abuse Treatment Services-Outpatient
DEFINITION: Services provided by or under the supervision of a physician or other
qualified/licensed personnel; may include use of funds to expand HIV-specific capacity
of programs if timely access to treatment and counseling is not otherwise available.
Services limited to the following – pre-treatment/recovery readiness programs, harm
reduction, mental health counseling to reduce depression, anxiety and other disorders
associated with substance abuse, outpatient drug-free treatment and counseling, opiate
assisted therapy, neuro-psychiatric pharmaceuticals, relapse preventions.
1.11 Food Bank/Home Delivered Meals
DEFINITION: The provision of actual food items, hot meals, or a voucher program to
purchase food. May also include non-food items that are limited to personal hygiene
products, household cleaning supplies, and water filtration/purification systems in
communities where issues with water purity exist.
1.12 Health Education/Risk Reduction
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DEFINITION: Services that educate clients living with HIV about HIV transmission and
how to reduce the risk of HIV transmission. Includes – Provision of information about
available medical and psychosocial support services, education on HIV transmission and
how to reduce the risk of transmission, counseling on how to improve their health
status and reduce the risk of HIV transmission to others.
1.13 Housing Services
DEFINITION: The United States Department of Health and Human Services, Health
Resources and Services Administration (HRSA), HIV/AIDS Bureau (HAP) defines the
support for Housing Services that involve provision of short-term assistance to support
emergency, temporary or transitional housing to enable an individual or family to gain
or maintain medical care.
1.14 Medical Transportation Services
DEFINITION: Services that enable an eligible individual to access HIV-related health and
support services, including services needed to maintain the client in HIV medical care,
through either direct transportation services or vouchers or tokens.
1.15 Outreach Services
DEFINITION: Services designed to identify individuals who do not know their HIV status
and/or individuals who know their status and are not in care and help them to learn
their status and enter care. Outreach programs must be planned and delivered in
coordination with local HIV prevention outreach programs to avoid duplication of effort,
targeted to populations known through local epidemiological data to be at
disproportionate risk for HIV infection, targeted communities or local establishments
that are frequented by individuals exhibiting high-risk behavior, conducted at times and
in places where there is a high probability that individuals with HIV infection can be
reached, designed to provide quantified program reporting activities and results to
accommodate local evaluation of effectiveness. Funds may not be used to pay for HIV
counseling or testing.
1.16 Psychosocial Support Services
DEFINITION: Services including support and counseling activities, child abuse and
neglect counseling, HIV support groups, pastoral care/counseling, caregiver support,
bereavement counseling, nutrition counseling provided by a non-registered dietitian.
1.17 Treatment Adherence Counseling
DEFINITION: The provision of counseling or special programs to ensure readiness for,
and adherence to, complex HIV/AIDS treatments, provided by non-medical personnel
outside of the Medical Case Management and clinical setting.
CONFLICT WAIVER
Maricopa County Ryan White Program, Part A and Maricopa County Special Health Care District
acknowledge that they are aware that the Civil Services Division of the Maricopa County Attorney’s Office
(Civil Division) may be chosen as the attorney for the other Parties to this Agreement, and the signing
Parties acknowledge that they are aware of a potential conflict of interest, and waive any claim of conflict
of interest, which may arise by virtue of Civil Division’s representation of another Party to this
Agreement.
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