MOU RE HIV COUNSELING AND TESTING WITH AREA AGENCY ON AGING.PDF

MEMORANDUM OF UNDERSTANDING
STATEMENT OF SUPPORT/REFERRAL RELATIONSHIP
between
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, Suite 1400, Phoenix, Arizona 85012
and
AREA AGENCY ON AGING/HIV CARE DIRECTIONS®
This MEMORANDUM OF UNDERSTANDING, Statement of Support/Referral Relationship is hereby
made and entered into between Maricopa County by and through its Department of Public Health,
hereinafter referred to as MCDPH and the Area Agency on Aging / HIV Care Directions®, hereinafter
referred to as AAA/HIV.
A. PURPOSE. Maricopa County by arra tnrough its Department of Public Health (MCDPH) HIV
Counseling and Testing Service, provides free, anonymous and same-day, rapid confidential HIV
Counseling and Testing Services to Maricopa County residents at risk for HIV. In addition to
providing pre-and post-test counseling, MCDPH staff assists clients to develop a prevention risk
reduction plan and provides basic HIV education to program clients. Staff informs all clients testing
HIV positive about the importance of accessing medical care promptly.
B. Area Agency on Aging/HIV Care Directions® (AAA/HIV) is a private non-profit agency that provides
comprehensive case management services to HIV positive men, women, children, and families
residing in Maricopa County. In addition, the Area Agency is contracted under Part A of the Ryan
White CARE Act to provide Central Eligibility and transportation.
C. AAA/HIV and MCDPH Counseling and Testing Service Staff jointly agree to assist HIV infected and at
risk individuals and families avail themselves of a wide range of invaluable health related services
including: primary care, prescription medication, case management and support services necessary
to slow the progression of HIV disease and maintain quality of life.
D. AT THE TIME THE CLIENT RECEIVES A PRELIMINARY HIV POSITIVE TEST RESULT MCDPH
STAFF WILL:
1. Inquire as to whether or not the client has medical insurance as well as whether or not the client has
a personal physician.
a. If yes, client will be encouraged to call physician for an appointment and offered the use of a
county phone to place the call: or, client will be encouraged to call insurance company for a
physician referral and will be offered the use of a county phone to place the call.
b. If no, client will be given blank copies of AHCCCS and Ryan White Part A Services
application forms with instructions to complete them and return with the completed forms
when they come back for their post-test counseling/confirmatory session.
2. Secure Client's written approval to refer client to AAA/HIV for Services.
3. Schedule a follow up post-test session for two weeks thereafter.
4. Fax AAA/HIV's Ryan White Part A, Central Eligibility Intake Coordinator (CE) a copy of the client's
signed release, requesting that time is set aside to meet with client within 48 hours following client's
scheduled post-test counseling session.
E. AT THE TIME OF THE CLIENT'S POST-TEST COUNSELING/CONFIRMATORY SESSION,
MCDPH STAFF WILL:
1

1. Offer client use of telephone to call AAA/HIV's Central Eligibility Intake Coordinator to confirm a
meeting time to perform initial intake.
2. Provide client with AAA/HIV's address, phone number, and instructions to bring the Intake
Coordinator completed application forms, lab slip, and Arizona Department of Health Services
(ADHS) lab test results as well as copies of proof of residency and income to expedite enrollment into
care.
3. Follow up with client and CE Intake Coordinator to confirm that client kept the appointment and has
since been referred for medical care, noting the name of the facility or physician to which referral was
made.
F. AREA AGENCY ON AGING/HIV CARE DIRECTIONS' INTAKE COORDINATOR WILL:
1. Set aside time to accommodate meeting with a client within 48 hours or 2 working days of the
confirmatory test result.
2. Complete the AAA/HIV Intake Form for case management; obtain appropriate eligibility
documentation; assist with complete of AHCCCS application for coverage or denial letter to use for
Ryan White Part A coverage.
3. Determine need for ongoing case management services with the client.
a. If yes, the intake and eligibility will be given to AAA/HIV's Care Directions' Associate Director
for assignment to a case manager with any immediate needs indicated.
b. If no, AAA/HIV Intake Coordinator will assist the client with access to primary medical care
and facilitate contact with a physician's office if possible. A file will be maintained.
c. If the client has access to primary medical care and other services, a file will be maintained in
the event that circumstances change and the client may then be in need of case
management services.
4. If client is utilizing case management services, the case manager will follow up on access to and
utilization of primary medical care.
G. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:
NON-FUND OBLIGATING DOCUMENT .
This instrument is neither a fiscal nor a funds obligation document. Any endeavor or transfer of
anything of value involving reimbursement or contribution of funds between the parties to this
instrument will be handled in accordance with applicable laws, regulations, and procedures including
those for Government procurement and printing. Such endeavors will be outlined in separate
agreements that shall be made in writing by representatives of the parties and shall be independently
authorized by appropriate statutory authority. This instrument does not provide such authority.
Specifically, this instruction does not establish authority for noncompetitive award to the cooperator of
any contract or other agreement. Any contract or agreement for HIV health promotion, risk reduction,
or other services must fully comply with all applicable requirements for competition.
H. TERM. This MOU is effective August 1, 2014 and shall terminate July 31, 2016, but may be
renewable for an additional year by mutual consent, unless otherwise terminated as provided herein.
I. TERMINATION OR MODIFICATIONS. Either party shall have the right to terminate this Agreement
by mailing the other party written notice of termination by certified mail, return receipt requested, at
least 30 days prior to the termination date. This Agreement may be modified at any time by mutual
agreement in order to accommodate unforeseen circumstances. No agent, employee, or other
representative of either party is empowered to alter any of the terms of this Agreement, unless done
2

in writing and signed by the authorized representative of the respective parties.
J. CANCELLATION FOR CONFLICT OF INTEREST. Pursuant to A.R.S. §38-511, the State, its
political subdivisions or any department or agency of either may, within three (3) years after its
execution, cancel any contract, without penalty or further obligation, made by the State, its political
subdivisions, or any of the departments or agencies of either or any person significantly involved in
initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the State, its political
subdivisions or any of the departments or agencies of either is, at any time while the Agreement or
any extension of the Agreement is in effect, an employee or agent of any other party to the
Agreement in any capacity or a consultant to any other party of the Agreement with respect to the
subject matter of the Agreement. A cancellation made pursuant to this provision shall be effective
when the Contractor receives written notice of the cancellation unless the notice specifies a later time.
K. NON-DISCRIMINATION. The parties agree to comply with Executive Order 2009-9 and all other
applicable Federal and State laws, rules, and regulations, including the Americans with Disabilities
Act. The parties shall include a clause to this effect in all subcontracts related to this Agreement.
L. THIRD PARTY ANTITRUST VIOLATIONS. The Contractor assigns to the State any claim for
overcharges resulting from antitrust violations to the extent that such violations concern materials or
services supplied by third parties to the Contractor toward fulfillment of this Agreement.
M. APPLICABLE LAW. This Agreement shall be governed and interpreted by the laws of the State of
Arizona, including the Arizona Procurement Code (A.R.S. §41-2501 et seq.) and the administrative
rules promulgated thereunder (AAC R2-7-901 et seq.).
N. ARBITRATION. 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 except as may be required by other applicable statutes.
0. INDEMINIFICATION. 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 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.
P. ENTIRE AGREEMENT. There are no representations or other provisions other than those contained
herein, and any amendment or modification of the Agreement shall be made only in writing and
signed by the authorized representatives to this Agreement as identified under "Notices."
Q. INVALIDITY OF PART OF AGREEMENT. Should any part of this Agreement be held to be invalid or
void, the remainder of the Agreement shall remain in full force and effect and shall be binding upon
the parties.
R. OWNERSHIP OF INFORMATION. Title to all reports, information, data, computer data elements and
software prepared by the Contractor in performance of this Agreement shall be deemed to be owned
by the Department and shall not be used by the Contractor for any independent project of the
Contractor or publicized by the Contractor without the prior written permission of the Department. At
the termination of the Agreement, the Contractor shall make available all such data to the Department
within thirty (30) days following termination of the Agreement or such longer period as approved by
the Department. Subject to applicable State and Federal laws and regulations, the State shall have
full and complete rights to reproduce, duplicate, disclose, and otherwise use all such information.
S. CLIENT CONFIDENTIALITY. Both parties understand and concur that this Agreement is subject to all
State and Federal laws protecting client confidentiality. Client/patient confidentiality will be
3

maintained equally for all individuals presenting for services whether being provided by Area Agency
on Aging/HIV Care Directions@ or Maricopa County Department of Public Health. The use or
disclosure by either party of any information concerning an eligible individual served under this
Agreement is directly limited to the fulfillment of this Agreement.
T. Compliance Requirements for A.R.S. §41-4401, Government Procurement E-Verify Requirement.
1. The Contractor warrants compliance with all Federal Immigration laws and regulations relating to
employees and warrants its compliance with Section A.R.S. §23-214, Subsection A. (That subsection
reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the
employment eligibility of the employee through the E-Verify program.) A breach of a warranty
regarding compliance with immigration laws and regulations shall be deemed a material breach of the
Agreement and the Contractor may be subject to penalties up to and including termination of the
Agreement.
2. Failure to comply with a State audit process to randomly verify the employment records of
Contractors and subcontractors shall be deemed a material breach of the Agreement and the
Contractor may be subject to penalties up to and including termination of the Agreement. The State
Agency retains the legal right to inspect the papers of any employee who works on the Contract to
ensure that the Contractor or subcontractor is complying with the warranty under paragraph 1.1.
U. PARTICIPATION IN SIMILAR ACTIVITIES. This Agreement in no way restricts AAA/HIV or MCDPH
from participating in similar activities with other public or private agencies, organizations, and
individuals.
V. NOTICES. All notices relative to this Agreement to be given by one party to the other shall be in
writing, mailed or delivered to each as indicated.
1. Contractual notices relative to this Agreement shall be addressed to:
AAA/HIV: MCDPH:
Deborah Elliott, VP Client Services Frances Delgado, Grants/Contracts Supervisor
Area Agency on Aging, Director HIV Care Maricopa County Department of Public Health
1366 E. Thomas Road 4041 N. Central Avenue, Suite 1400
Phoenix, AZ 85014 Phoenix, AZ 85012
Phone: (602) 264-2273 Phone: (602) 506-1829
Debby.elliottaaaaphx.orq francesdelgadoamail.maricopa.gov
2. Programmatic notices relative to this Agreement shall be addressed to:
AAA/HIV Care Directions: MCDPH:
Deborah Elliott, VP Client Services
Area Agency on Aging, Director Maricopa County Department of Public Health
1366 E. Thomas Road Clinical Services, Tom Mickey
Phoenix, AZ 85014 1645 E. Roosevelt Street
Phone: (602) 264-2273 Phoenix, AZ 85012
Debby.elliottaaaaphx.orq Phone: (602) 506-6657
CorinneVelasguezmail.maricopa.gov
4

IN WITNESS WHEREOF, the parties agree to the changes indicated herein:
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
MARICOPA COUNTY Area A! ency o • ' ging
By By 4. II i ./..L.• i ..1, al.
Chairman, Board of Supervisors ' I
?..3o- 14
Date Date
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
County Attorney Signature
Date: Date: