ADHS IGA FOR REFUGEE (00).PDF

C-86
INTERGOVERNMENTAL AGREEMENT (IGA)
Agreement between the Arizona Department of Economic Security ("ADES") and the Maricopa County
Department of Public Health ("Contractor").
WHEREAS ADES is duly authorized to execute and administer contracts under A.R.S § 41-1954 and,
The Contractor is duly authorized to execute and administer contracts under A.R.S. §11-251 and,
ADES and the Contractor are authorized by A.R.S. § 11-952 et seq. to enter into agreements for joint or
cooperative action to contract for the services specified in this Agreement.
The term of this Agreement shall begin on October 1, 2017 and shall end on September 30, 2022, unless
otherwise amended.
THEREFORE, ADES and Contractor (the “Parties”) agree to abide by all the terms and conditions set forth in this
Agreement.
BY SIGNING THIS FORM ON BEHALF OF A PARTY, THE SIGNATORY CERTIFIES POSSESSING THE AUTHORITY TO BIND THE
PARTY TO THIS AGREEMENT.
FOR AND ON BEHALF OF THE ARIZONA FOR AND ON BEHALF OF THE MARICOPA
DEPARTMENT OF ECONOMIC SECURITY: COUNTY DEPARTMENT OF PUBLIC HEALTH:
Procurement Officer Signature Signature
Denny Barney
Printed Name Printed Name
Chairman, Board of Supervisor
Title Title
Date Date
C-86
ADES Contract Number Contract Number
IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT IS IN APPROPRIATE FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY.
ARIZONA ATTORNEY GENERAL’S OFFICE
By: ___________________________________ By: _________________________________________
Assistant Attorney General Public Agency Legal Counsel ,MCAO
Date: __________________________________ Date: ________________________________________
ATTEST:_________________________________________
Clerk of the Board

1.0 ADES VISION AND MISSION STATEMENTS
1.1 ADES Vision: Opportunity, assistance and care for Arizonans in need.
1.2 ADES Mission: The Arizona Department of Economic Security makes Arizona stronger by helping
Arizonans reach their potential through temporary assistance for those in need, and care for the
vulnerable.
2.0 PURPOSE OF AGREEMENT
2.1 The purpose of this agreement is to maintain a coordinated Domestic Medical Examination for
Newly Arrived Refugees (DME) Program for refugees resettling in the State of Arizona. The DME
Program assists States and localities in providing the DME and follow-up activities to newly
arriving refugees for problems of public health significance.
2.1.1 The term “client” is used to describe those newly arrived refugees that the Arizona Refugee
Resettlement Program (RRP), within the Arizona Department of Economic Security, has
determined are eligible to receive services.
3.0 DEFINITIONS
3.1 Domestic Medical Examination for Newly Arrived Refugees (DME): The DME is the federally
required medical screening for all refugees entering the United States.
3.2 Medical Assessment: Any test or medical procedure recommended or required by the Centers for
Disease Control and Prevention (CDC) in accordance with the Technical Instructions for the
Medical Examination of Aliens in the United States as may be amended, that is performed during
the course of completing the DME.
4.0 SERVICE DESCRIPTION
4.1 To provide for the coordination of the DME Program. The service provides for the coordination of
physical health assessments and preventive screening, counseling, initial laboratory tests,
behavioral health screening, immunizations and referrals for treatment. All medical and
diagnostic procedures shall be provided by the same organization that provides for coordination
of these services.
5.0 RESPONSIBILITIES - The Contractor shall:
5.1 Provide all services in a culturally relevant and linguistically appropriate manner for the population
to be served.
5.2 Provide interpretation and translation services for individuals with limited English proficiency.
5.3 Coordinate the scheduling of the DME. Ensure that all DME visits are scheduled within two (2)
business days from the date of referral for the next available time interval.
5.3.1 Coordinate DME to minimize the time and disruption to clients.
5.3.2 Coordinate DME in conjunction with the Resettlement Agencies who sponsor clients to ensure
that their staff can assist refugees in attending their DME appointments.
5.3.3 Provide coordination for a physician, physician assistant and/or nurse to conduct all required and
recommend health assessments found in the Guidelines for the U.S. Domestic Medical
Examination for Newly Arriving Refugees found at
https://www.cdc.gov/immigrantrefugeehealth/guidelines/domestic/domestic-guidelines.html, as
may be amended.
5.4 Maintain the ability to directly bill Arizona Health Care Cost Containment System (AHCCCS) for
payment of initial health assessments, immunizations, and referrals for treatment. The medical
assessment procedures are supported by the state Medicaid according to the current AHCCCS
fee for service rates found at: https://www.azahcccs.gov/PlansProviders/RatesAndBilling/FFS/ .
5.4.1 Bill AHCCCS for the cost of all medical assessment procedures for AHCCCS clients.
5.5 Ensure that the cost for the medical assessments required to complete the DME are not charged
to Refugee Medical Assistance Program (RMA) for clients who are AHCCCS eligible.
5.5.1 Ensure that the cost of medical assessments required to complete the DME are charged to the
RMA for clients who are not AHCCCS eligible.

5.6 Record in each client’s medical chart the identification number from their Refugee Medical
Screening identification card.
5.7 Document health assessment results, immunizations, and referrals for treatment in each client’s
medical record.
5.8 Refer clients with adverse health conditions to appropriate health care providers for treatment and
document referral in client medical records.
5.9 Confer with designated staff at clients’ Resettlement Agencies (RA) when they must help
coordinate client health care. This process shall only take place if the client has signed a release
of information form stating that their RA is eligible to receive their medical information and
coordinate follow-up medical appointments.
5.10 Provide coordination of care for clients’ requiring Tuberculosis (TB) testing and refer those testing
positive for treatment. Document coordination and referrals in client medical records.
5.11 Encourage clients receiving TB treatment to regularly visit the TB clinic for checkups and medical
counseling. Document the counseling in client medical records.
5.12 To the fullest extent feasible, have the required clinical facilities and professional medical staff
conduct the medical assessment procedures listed in the Guidelines for the U.S. Domestic
Medical Examination for Newly Arriving Refugees.
5.12.1 All of the required clinical facilities, including laboratory facilities, should be located in one (1)
medical campus.
5.12.2 Alternatively, the Contractor may send out laboratory samples for testing, however, the
Contractor must have the ability to collect all necessary laboratory samples at their primary
location.
5.13 Prepare hard copies of all case files for clients as requested by RRP.
5.14 Attend all RRP Quarterly Meetings and present on the numbers of clients screened, time lines in
which clients were screened, trends, challenges and successes for the DME program.
5.15 Develop a procedural manual and document training that details the coordination of DME and the
billing process.
5.15.1 This manual and training process must be regularly updated and used to train new staff.
5.15.2 The manual and training process will be routinely reviewed during programmatic monitoring.
5.16 Ensure that access to RRP systems/database are restricted to health care professionals who
either coordinate or provide assessment procedures required to complete the DME.
5.17 Ensure that coordination and screening services are not interrupted (i.e., scheduling and
providing DMEs is delayed or unavailable).
5.17.1 Identify and train staff to assume the responsibilities of the DME, thus ensuring uninterrupted
DME coordination, in the event that primary staff responsible for DME coordination become
unavailable.
5.17.2 Immediately notify RRP should there be a coordination or medical staffing vacancy or change that
impedes the delivery of services.
5.18 Record the date of the initial examination visit and the date of the initial laboratory visit in the
Arizona Refugee Resettlement Program Online Data System within fourteen (14) business days
from the date of the respective visit.
5.19 Document in the Arizona Refugee Resettlement Program Online Data System when a client is
referred for additional follow up treatment.
5.20 Comply with Arizona Administrative Code (A.A.C. R-9-6-202)
http://apps.azsos.gov/public_services/title_09/9-06.pdf Communicable Disease and Infestation
Reporting, as may be amended.
6.0 Performance Measures
6.1 Schedule at least ninety (90) percent of the DME appointments within two (2) business days from
the date of referral from the RRP.
6.2 Schedule 100 percent of the DME appointments within fourteen (14) business days of referral
from RRP.

6.3 Complete the initial preventive DME within five (5) business days of referral from RRP for 100
percent of those arriving with Class A conditions, as documented by the U.S. Department of
Health and Human Services/CDC, Division of Global Migration and Quarantine.
7.0 EXTENSION
7.1 This agreement may be extended through a written amendment by mutual agreement of the
parties.
8.0 TERMINATION
8.1 This agreement may be terminated by mutual agreement of the parties at any time during the
term of this agreement.
8.2 Each party shall have the right to terminate this agreement by hand-delivering to the other party
written notice of termination at least thirty (30) days prior to the effective date of said termination.
9.0 AMENDMENTS
9.1 This Agreement may be amended at any time by mutual written agreement. No agent, employee
or other representative of either Party is empowered to alter any of the terms of the Agreement,
unless amended in writing and signed by the authorized representative of the respective Parties.
9.2 Either party shall give written notice to the other party of any non-material alteration that affects
the provisions of this Agreement. Non-material alterations that do not require a written
amendment are as follows:
9.2.1 Change of telephone number;
9.2.2 Change in authorized signatory; and/or
9.2.3 Change in the name and/or address of the person to whom notices are to be sent.
10.0 MANNER OF FINANCING
10.1 One (1) Payment Unit equals one (1) hour, or sixty (60) minutes, of staff time related to the
coordination of services.
10.1.1 The Contractor shall invoice in hour increments. The Contractor shall round the total time to the
nearest hour as follows: 30 minutes or less is rounded down, 31 minutes or more is rounded up.
10.1.2 The unit rate shall include all costs associated with service Coordination, including staff hours,
mileage, per diem, insurance, administrative costs or as approved by the Department. The
Department will not pay separately for these or any other costs associated with providing this
service.
10.1.3 The Department will purchase payment units for coordination through release orders at the rate of
$110.15 per hour. Units authorized shall be utilized at approximately equal amounts each month
throughout the contract time period, unless otherwise authorized.
10.2 Cost for actual DME shall be billed to AHCCCS at their (AHCCCS) current rates.
10.3 Payment will not be made on any DME procedures that occur after a client’s 90th day from United
States arrival or grant of qualifying status for clients that are not AHCCCS eligible.
11.0 REPORTING REQUIREMENTS
11.1 Submit the following items electronically to: DAAS-RRP-Reports@azdes.gov:
11.1.1 Complete Monthly DME Report Part 1 https://des.az.gov/services/aging-and-adult/refugee-
resettlement/arizona-refugee-resettlement-program-quarterly, as may be amended, which is due
no later than the 10th of the month following the end of each trimester. Indicate in the email
subject line the Contractor name, “TR” and service month and year. (e.g., ABC Agency-TR-April
2018).
11.1.2 Complete Monthly DME Report Part 2 https://des.az.gov/services/aging-and-adult/refugee-
resettlement/arizona-refugee-resettlement-program-quarterly, as may be amended, no later than
the 15th of the following month. Indicate the Contractor name, RMSR, service month and year in
the email subject line (e.g., ABC Agency–RMSR–April 2018).
11.1.3 Comply with information requests from RRP and the Refugee Health Coordinator.

11.1.3.1When requested by the State Refugee Coordinator, provide the Alien Identification Number and
the corresponding individual health assessment results for clients with illnesses of public health
significance.
11.1.4 Contractor’s Equipment List with instructions, Form FES-1000AFORFF
https://des.az.gov/services/aging-and-adult/refugee-resettlement/arizona-refugee-resettlement-
program-quarterly for all equipment purchases costing $5,000 or more purchased by the
Contractor and Subcontractor(s), in whole or in part with the Department funds. Indicate the
Contractor name and “CEL” in the email subject line (e.g., ABC Agency–CEL).
11.1.5 Certificate of Insurance (COI) as specified in the ADES Special Terms and Conditions. Indicate
the Contractor name and “COI” in the email subject line (e.g., ABC Agency–COI).
12.0 PAYMENT REQUIREMENTS
12.1 Invoices shall be submitted by the 15th day of the month following the month services were
provided.
12.2 Directly input financial billing information monthly into the Division of Aging and Adult Reporting
System (DAARS) in accordance with system Guide, as may be amended.
13.0 NOTICES
13.1 All notices to the Contractor regarding this agreement shall be sent to the following address:
Maricopa County Department of Public Health
Grants and Contracts
4041 N. Central Ave, Suite 1400
Phoenix, AZ 85012
13.2 All notices to ADES regarding this agreement shall be sent to the following address:
Department of Economic Security
Division of Aging and Adult Services
Contract Unit – Mail Drop 6271
P.O. Box 6123
Phoenix, AZ 85005
14.0 DISPOSITION OF PROPERTY
14.1 None
15.0 OTHER MATTERS
15.1 NONE
16.0 APPLICABLE LAW
16.1 This Agreement shall be governed and interpreted by the laws of the State of Arizona. The
materials and services supplied under this Agreement shall comply with all applicable Federal,
State and local laws, and the Contractor shall maintain all applicable licenses and permit
requirements.
17.0 ARBITRATION
17.1 The Parties to this Agreement agree to resolve all disputes arising out of or relating to this
Agreement through arbitration, after exhausting applicable administrative review, to the extent
required by A.R.S.§§ 12-1518(B) and 12-133, except as may be required by other applicable
statutes.
18.0 AUDIT
18.1 In accordance with A.R.S. § 35-214, the Contractor shall retain and shall contractually require
each subcontractor to retain all data, books and other records (“records”) relating to this
Agreement for a period of five (5) years after the completion of the Agreement except if subject to
Health Insurance Portability & Accountability Act which is six (6) years from the date of final

payment. All records shall be subject to inspection and audit by the State at reasonable times.
Upon request, Contractor shall produce the original of any or all such records.
19.0 CONFLICT OF INTEREST
19.1 In accordance with A.R.S. § 38-511, the State may within three years after execution terminate
the Agreement, without penalty or further obligation, if any person significantly involved in
initiating, negotiating, securing, drafting or creating the Agreement on behalf of either party, at
any time while the Agreement is in effect, becomes an employee or agent of any other party to
the Agreement in any capacity or a consultant to any other party to the Agreement with respect to
the matter of the Agreement.
20.0 E-VERIFY
20.1 In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal
immigration laws and regulations relating to employees and warrants its compliance with A.R.S. §
23-214, Subsection A.
21.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
21.1 By entering into the Agreement, the Contractor warrants compliance with the Federal Immigration
and Nationality Act. (FINA) and all other Federal immigration laws and regulations related to the
immigration status of its employees. The Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the Procurement Officer
upon request. These warranties shall remain in effect through the term of the Agreement. The
Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-
9) as required by the U.S. Department of Labor’s Immigration and Control Act, for all employees
performing work under the Agreement. I-9 forms are available for download at USCIS.GOV.
21.2 The State may request verification of compliance for any Contractor or subcontractor performing
work under the Agreement. Should the State suspect or find that the Contractor or any of its
subcontractors are not in compliance, the State may pursue any and all remedies allowed by law,
including, but not limited to suspension of work, termination of the Agreement for default, and
suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the
responsibility of the Contractor.
22.0 INDEMNIFICATION:
Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as
"Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily
injury of any person (including death) or property damage, but only to the extent that such Claims
which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees,
or volunteers. The State of Arizona, Department of Economic Security is self-insured per A.R.S.
41-621.
In addition, should the Maricopa County Department of Public Health utilize a contractor(s) and
subcontractor(s) the indemnification clause between Maricopa County Department of Public
Health and its contractor(s) and subcontractor(s) shall include the following:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the
Maricopa County Department of Public Health and the State of Arizona, and any jurisdiction or
agency issuing any permits for any work arising out of this Agreement, and its departments,
agencies, boards, commissions, universities, , officers, officials, agents, and employees
(hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the

contractor or any of the directors, officers, agents, or employees or subcontractors of such
contractor. This indemnity includes any claim or amount arising out of or recovered under the
Workers’ Compensation Law or arising out of the failure of such contractor to conform to any
federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific
intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely
from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such
contractor from and against any and all claims. It is agreed that such contractor will be
responsible for primary loss investigation, defense and judgment costs where this indemnification
is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors
shall name the State of Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees as an additional insured and also include a
waiver of subrogation in favor of the State.
22.1 INSURANCE REQUIREMENTS FOR GOVERNMENTAL PARTIES TO AN IGA
None
22.2 INSURANCE REQUIREMENTS FOR ANY CONTRACTORS USED BY A PARTY TO THE
INTERGOVERNMENTAL AGREEMENT
(Note: this applies only to Contractors used by a governmental entity, not to the governmental
entity itself.) The insurance requirements herein are minimum requirements and in no way limit
the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in
no way warrants that the minimum limits contained herein are sufficient to protect the
governmental entity or Contractor from liabilities that might arise out of the performance of the
work under this Contract by the Contractor, his agents, representatives, employees or
subcontractors, and Contractor and the governmental entity are free to purchase additional
insurance.
22.3 MINIMUM SCOPE AND LIMITS OF INSURANCE
Contractor shall provide coverage with limits of liability not less than those stated below.
21.3.1 Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, and broad form contractual liability coverage.
• General Aggregate $2,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Damage to Rented Premises $ 50,000
• Each Occurrence $1,000,000
a. The policy shall be endorsed, as required by this written agreement, to include the State of
Arizona, and its departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees as additional insureds with respect to liability arising out of the activities
performed by or on behalf of the Contractor.
b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement,
in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees for losses arising from work performed by or on behalf
of the Contractor.
(Note that the other governmental entity(ies) is/are also required to be additional insured(s) and
they should supply the Contractor with their own list of persons to be insured.)
22.4 BUSINESS AUTOMOBILE LIABILITY
Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in
the performance of this Contract.

• Combined Single Limit (CSL) $1,000,000
Policy shall be endorsed, as required by this written agreement, to include the State of Arizona,
and its departments, agencies, boards, commissions, universities, officers, officials, agents, and
employees as additional insureds with respect to liability arising out of the activities performed by,
or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the
Contractor.
Policy shall contain a waiver of subrogation endorsement as required by this written agreement in
favor of the State of Arizona, and its departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees for losses arising from work performed by or on behalf
of the Contractor.
(Note that the other governmental entity(ies) is/are also required to be additional insured(s) and
they should supply the Contractor with their own list of persons to be insured.)
21.4.1 Workers’ Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $1,000,000
Disease – Each Employee $1,000,000
Disease – Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement,
in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees for losses arising from work performed by or on behalf
of the Contractor.
b. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S.
§ 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole
Proprietor or Independent Contractor).
22.5 ADDITIONAL INSURANCE REQUIREMENTS
The policies shall include, or be endorsed to include, as required by this written agreement, the
following provisions:
22.5.1 The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor
shall be primary and that any insurance carried by the Department, its agents, officials,
employees or the State of Arizona shall be excess and not contributory insurance, as provided by
A.R.S. § 41-621 (E).
22.5.2 Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the
indemnification provisions of this Contract.
22.6 NOTICE OF CANCELLATION
Applicable to all insurance policies required within the Insurance Requirements of this Contract,
Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be
materially changed for any reason without thirty (30) days prior written notice to the State of
Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of
Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially
changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the
Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to
(State Representative’s Name, Address & Fax Number).

22.7 ACCEPTABILITY OF INSURERS
Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold
approved non-admitted status on the Arizona Department of Insurance List of Qualified
Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State
of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to
protect the Contractor from potential insurer insolvency.
22.8 VERIFICATION OF COVERAGE
Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or
equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as
required by this Contract. An authorized representative of the insurer shall sign the certificates.
22.8.1 All such certificates of insurance and policy endorsements must be received by the State before
work commences. The State’s receipt of any certificates of insurance or policy endorsements that
do not comply with this written agreement shall not waive or otherwise affect the requirements of
this agreement.
22.8.2 Each insurance policy required by this Contract must be in effect at, or prior to, commencement
of work under this Contract. Failure to maintain the insurance policies as required by this
Contract, or to provide evidence of renewal, is a material breach of contract.
22.8.3 All certificates required by this Contract shall be sent directly to the Department. The State of
Arizona project/contract number and project description shall be noted on the certificate of
insurance. The State of Arizona reserves the right to require complete copies of all insurance
policies required by this Contract at any time.
22.9 SUBCONTRACTORS
Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or
Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid
and collectable insurance as evidenced by the certificates of insurance and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance
Requirements identified above. The Department reserves the right to require, at any time
throughout the life of the Contract, proof from the Contractor that its subcontractors have the
required coverage.
22.10 APPROVAL AND MODIFICATIONS
The Contracting Agency, in consultation with State Risk, reserves the right to review or make
modifications to the insurance limits, required coverages, or endorsements throughout the life of
this contract, as deemed necessary. Such action will not require a formal Contract amendment,
but may be made by administrative action.
22.11 EXCEPTIONS
In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the
Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university,
none of the above shall apply.
23.0 IT 508 COMPLIANCE
23.1 Unless specifically authorized in the Agreement, any electronic or information technology offered
to the State of Arizona under this agreement shall comply with A.R.S. §§ 41-3531 and 3532 and
Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the
public shall have access to and use of information technology that is comparable to the access
and use by employees and members of the public who are not individuals with disabilities.

24.0 NON-AVAILABILITY OF FUNDS
24.1 In accordance with A.R.S. § 35-154, every payment obligation of the State under the Agreement
is conditioned upon the availability of funds appropriated or allocated for payment of such
obligation. If funds are not allocated and available for the continuance of this Agreement, this
Agreement may be terminated by the State at the end of the period for which funds are available.
No liability shall accrue to the State in the event this provision is exercised, and the State shall not
be obligated or liable for any future payments or for any damages as a result of termination under
this paragraph.
25.0 NON-DISCRIMINATION
25.1 The Contractor shall comply with State Executive Order No. 2009-09 and all other applicable
Federal and State laws, rules and regulations, including the Americans with Disabilities Act.
26.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED
26.1 Due to security and identity protection concerns, direct services under this Agreement shall be
performed within the borders of the United States. Any services that are described in the
specifications or scope of work that directly serve the State of Arizona or its clients and may
involve access to secure or sensitive data or personal client data or development or modification
of software for the State shall be performed within the borders of the United States. Unless
specifically stated otherwise in the specifications, this definition does not apply to indirect or
'overhead' services, redundant back-up services or services that are incidental to the
performance of the Agreement. This provision applies to work performed by subcontractors at all
tiers.
27.0 PARTICIPATION IN BOYCOTT OF ISRAEL
27.1 Contractor warrants it is not engaged in a boycott of Israel as defined by A.R.S. § 35-393.01.
28.0 RIGHT OF OFFSET
28.1 ADES shall be entitled to offset against any sums due the Contractor, any expenses or costs
incurred by ADES, or damages assessed by ADES concerning the Contractor’s non-conforming
performance or failure to perform the Agreement, including expenses, costs and damages.
29.0 THIRD- PARTY ANTITRUST VIOLATIONS
29.1 The Contractor assigns to ADES any claim for overcharges resulting from antitrust violations
concerning materials or services supplied by third parties to the Contractor, toward fulfillment of
this Agreement.
30.0 ATTACHMENTS
30.1 None
31.0 EXHIBITS
31.1 None
32.0 CONFIDENTIALITY
32.1 The Contractor shall observe and abide by all applicable State and federal statutes, rules and
regulations regarding the use or disclosure of information including, but not limited to, information
concerning applicants for and recipients of contract services. To the extent permitted by law, the
Contractor shall release information to ADES and to the Attorney General's Office as required by
the terms of this Agreement, by law or upon their request.
32.2 The Contractor shall comply with the requirements of Arizona Address Confidentiality Program,
A.R.S. § 41-161 et. seq. ADES will advise the Contractor as to applicable policies and
procedures ADES has adopted for such compliance.

33.0 FINGERPRINTING.
33.1 Contractor shall comply with, and shall ensure that all of Contractor’s employees, independent
contractors, subcontractors, volunteers and other agents comply with, all applicable (current and
future) legal requirements relating to fingerprinting, fingerprint clearance cards, certifications
regarding pending or past criminal matters, and criminal records checks that relate to contract
performance.
33.2 Applicable legal requirements relating to fingerprinting, certification, and criminal background
checks” may include, but are not limited, to the following: A.R.S. §§ 36-594.01, 36-3008, 41-
1964, and 46-141. All applicable legal requirements relating to fingerprinting, fingerprint
clearance cards, certifications regarding pending or past criminal matters, and criminal records
checks are hereby incorporated in their entirety as provisions of this Agreement. The Contractor
is responsible for knowing which legal requirements relating to fingerprinting, fingerprint clearance
cards, certifications regarding pending or past criminal matters, and criminal records checks
relate to contract performance.
33.3 To the extent A.R.S. § 46-141 is applicable to contract performance or the services provided
under this Agreement, the following provisions apply:
33.3.1 Personnel who are employed by the Contractor, whether paid or not, and who are required or
allowed to provide services directly to juveniles or vulnerable adults shall have a valid fingerprint
clearance card or shall apply for a fingerprint clearance card within seven working days of
employment.
33.3.2 Except as provided in A.R.S. § 46-141, this Agreement may be cancelled or terminated
immediately if a person employed by the Contractor and who has contact with juveniles certifies
pursuant to the provisions of A.R.S. § 46-141 (as may be amended) that the person is awaiting
trial or has been convicted of any of the offenses listed therein in this State, or of acts committed
in another state that would be offenses in this State, or if the person does not possess or is
denied issuance of a valid fingerprint clearance card.
33.4 Federally recognized Indian tribes may submit and ADES will accept certifications that state that
no personnel who are employed or who will be employed during the term of this Agreement have
been convicted of, have admitted committing or are awaiting trial on any offense as described in
A.R.S. § 41-1758.03 (as may be amended).
34.0 BACKGROUND CHECKS FOR EMPLOYMENT THROUGH THE CENTRAL REGISTRY IF PROVIDING
DIRECT SERVICES TO CHILDREN OR VULNERABLE ADULTS, THE FOLLOWING SHALL APPLY:
34.1 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as
provisions of this Agreement.
34.2 ADES will conduct Central Registry Background Checks and will use the information contained in
the Central Registry as a factor to determine qualifications for positions that provide direct service
to children or vulnerable adults for:
34.2.1. Any person who applies for a contract with this State and that person’s employees;
34.2.2. All employees of a contractor;
34.2.3. A subcontractor of a contractor and the subcontractor’s employees; and
34.2.4. Prospective employees of the contractor or subcontractor at the request of the prospective
employer.
34.3 Volunteers who provide direct services to children or vulnerable adults shall have a Central
Registry Background Check which is to be used as a factor to determine qualifications for
volunteer positions.
34.4 A person who is disqualified because of a Central Registry Background Check may apply to the
Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-619.57. A
person who is granted a Central Registry exception pursuant to A.R.S. § 41-619.57 is not entitled

to a contract, employment, licensure, certification or other benefit because the person has been
granted a Central Registry exception.
34.5 Before being employed or volunteering in a position that provides direct services to children or
vulnerable adults, persons shall certify on forms that are provided by ADES whether an allegation
of abuse or neglect was made against them and was substantiated. The completed forms are to
be maintained as confidential.
34.6 A person awaiting receipt of the Central Registry Background Check may provide direct services
to ADES clients after completion and submittal of the Direct Service Position certification form if
the certification states:
34.6.1. The person is not currently the subject of an investigation of child abuse or neglect in Arizona or
another state or jurisdiction; and
34.6.2. The person has not been the subject of an investigation of child abuse or neglect in Arizona, or
another state or jurisdiction, which resulted in a substantiated finding.
34.7 If the Central Registry Background Check specifies any disqualifying act and the person does not
have a Central Registry exception, the person shall be prohibited from providing direct services to
ADES clients.
34.8 The Contractor shall maintain the Central Registry Background Check results and any related
forms or documents in a confidential file for five (5) years after termination of the Agreement.
35.0 DATA SHARING AGREEMENT
35.1 When determined by ADES that sharing of confidential data will occur with the Contractor, the
Contractor shall complete ADES Data Sharing Request Agreement and submit the completed
Agreement to ADES Program Designated Staff prior to any work commencing or data shared. A
separate Data Sharing Request Agreement shall be required between the Contractor and each
ADES Program sharing confidential data.