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INTERGOVERNMENTAL AGREEMENT (IGA)
Contract between the Arizona Department of Economic Security ("ADES") and Maricopa County
Administered by its Human Services Department ("Contractor").
WHEREAS the ADES is duly authorized to execute and administer contracts under A.R.S §41-1954 and,
WHEREAS the Contractor is duly authorized to execute and administer contracts under A.R.S. §11-251 et seq.
and,
WHEREAS the 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 Contract.
THEREFORE, the ADES and Contractor agree to abide by all the terms and conditions set forth in this Contract.
__________________________
BY SIGNING THIS FORM ON BEHALF OF THE CONTRACTOR, THE SIGNATORY CERTIFIES HE/SHE HAS THE AUTHORITY TO BIND
THE CONTRACTOR TO THIS CONTRACT.
FOR AND ON BEHALF OF THE ARIZONA FOR AND ON BEHALF OF THE MARICOPA
DEPARTMENT OF ECONOMIC SECURITY: ADMINISTERED BY ITS HUMAN SERVICES
DEPARTMENT:
Procurement Officer Signature Signature
Printed Name Printed Name
Title Title
Date Date
ADES Contract Number Contract Number
IN ACCORDANCE WITH A.R.S. § 11-952, THIS CONTRACT HAS BEEN REVIEWED BY THE UNDERSIGNED
WHO HAVE DETERMINED THAT THIS CONTRACT 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
Date: __________________________________ Date: ______________________________________
Revised: 8/20/13
Page 1 of 9
1.0 ADES VISION AND MISSION STATEMENTS
1.1 ADES Vision: Every child, adult, and family in the State of Arizona will be safe and economically secure.
1.2 ADES Mission: ADES promotes the safety, well-being, and self sufficiency of children, adults, and families.
2.0 PARTIES
2.1 This Intergovernmental Agreement (IGA) is between the ADES, and the Maricopa County Administered by
its Human Services Department.
3.0 TERM OF AGREEMENT
3.1 TERM
The term of this Agreement shall have an effective date of September 1, 2014 and shall end on June 30,
2015, unless otherwise agreed upon by both parties in writing.
3.2. EXTENSION
This agreement may be extended through a written amendment by mutual agreement of the parties.
3.3. TERMINATION
3.3.1 This agreement may be terminated by mutual agreement of the parties at any time during the term of this
agreement.
3.3.2 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.
4.0 AMENDMENTS OR MODIFICATIONS
4.1 This Agreement may be amended or modified at any time by mutual agreement. No agent, employee or
other representative of either Party is empowered to alter any of the terms of the Agreement, unless done
in writing and signed by the Parties.
4.2 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:
1 Change of telephone number;
2 Change in authorized signatory; and
3 Change in the name and/or address of the person to whom notices are to be sent.
5.0 DEFINITIONS
5.1 Rapid Re-housing – Defined by the U. S. Department of Housing and Urban Development (HUD) as
housing relocation and stabilization services and short and or medium term rental assistance as necessary
to help homeless individuals or families move as quickly as possible into permanent housing and achieve
stability in that housing. Program participants who meet the criteria of “homeless” definition in 24 U.S.C
Part §576.2 or who meet the criteria under the Homeless Emergency Assistance and Rapid Transition to
Housing (HEARTH) Act paragraph (4) of the homeless definition and live in an emergency shelter of other
place described in paragraph (1) of the “homeless” definition are eligible participants. Rapid rehousing
assistance must be provided in accordance with the housing relocations and stabilization services
requirements in 24 U.S.C. Part §576.105, the short term and medium term rental assistance requirements
in 24 U.S.C. Part §576.105, and written standards and procedures established under 24 U.S.C. Part
§576.400.
5.2. Permanent Supportive Housing – Permanent, low demand, subsidized housing linked to comprehensive
services that support residents and build a sense of community in which the resident can maintain stability
indefinitely.
5.3 Navigation Model – Comprehensive engagement and support services delivered by a highly-qualified Peer
Navigator certified by the Arizona Department of Health and Human Services for the purpose of removing
barriers to housing and providing continuity of services to homeless individuals to assist them in achieving
and maintaining housing stability.
6.0 PURPOSE OF AGREEMENT
6.1 To provide funding to Maricopa County to provide an H3 model, Rapid Re-housing with Navigation
Services for the purpose of transitioning homeless individuals accessing the Men’s Overflow Shelter (MOS)
and the parking lot located near Central Arizona Shelter Services (CASS), located at 230 S. 12th Avenue,
Phoenix, AZ 85007 to assist with the appropriate housing intervention. ADES anticipates that funding for
this service will be approximately $99,000 of State Funding.
ADES Contract #_________________ Page 2 of 9 Rev. 8/20/13
7.0 MANNER OF FINANCING
7.1 This contract is funded through the State of Arizona homeless fund.
8.0 SERVICE DESCRIPTION
8.1 This service focuses on providing the necessary supports to locate and maintain a home, including
navigation assistance, home finding services, ongoing case management and other services as needed to
stabilize and settle the homeless recipients being moved from the MOS and parking lot into housing.
9.0 RESPONSIBILITIES
9.1 The Contractor shall:
9.1.1 Provide funding to organizations that have Navigation and Rapid Re-housing experience in assisting
significantly difficult to serve homeless individuals by providing stabilization services, case management,
and connection to appropriate community services for continued support.
9.2 The ADES will:
9.2.1 Provide funding to Contractor to deliver services outlined in section 9.1.1.
10.0 REPORTING REQUIREMENTS
10.1 The Contractor shall provide to ADES the following:
10.1.1 Monthly Homeless Management Information Systems (HMIS) report identifying number of clients housed.
10.2 Reports shall be sent to:
Arizona Department of Economic Security
DAAS Contract Management Unit – Site Code 950A
P.O. Box 6123
Phoenix, AZ 85005
10.3 The Contractor shall submit certifications of insurance as specified in Section 25 of this Agreement to:
Arizona Department of Economic Security
DAAS Contract Management Unit – Site Code 950A
P.O. Box 6123
Phoenix, AZ 85005
11.0 PAYMENT REQUIREMENTS
11.1 For the advancement of funds for services, the Contractor shall make an accounting of expenditures and
return any funds not used.
11.2 An Invoice shall be submitted identifying anticipated expenditures within thirty (30) days of the date of last
signature.
11.3 The Contractor shall identify and return any funds not expended within thirty (30) days of contract end date.
11.3 Invoices shall be submitted to:
Arizona Department of Economic Security
DAAS Contract Management Unit – Site Code 950A
P.O. Box 6123
Phoenix, AZ 85005
12.0 NOTICES
12.1 All notices to the Contractor regarding this agreement shall be sent to the following address:
Maricopa County Human Services Department
234 N. Central Avenue, 3rd Floor,
Phoenix, AZ 85004
Attention: Bruce Liggett
12.2 All notices to the ADES regarding this agreement shall be sent to the following address:
AZ Department of Economic Security
DAAS Contract Management Unit – Site Code 950A
P.O. Box 6123
Phoenix, AZ 85005
13.0 DISPOSITION OF PROPERTY
13.1 None
14.0 OTHER MATTERS
14.1 None
ADES Contract #_________________ Page 3 of 9 Rev. 8/20/13
15.0 APPLICABLE LAW
15.1 This Contract shall be governed and interpreted by the laws of the State of Arizona. The materials and
services supplied under this Contract shall comply with all applicable Federal, State and local laws, and the
Contractor shall maintain all applicable licenses and permit requirements.
16.0 ARBITRATION
16.1 The parties to this Contract agree to resolve all disputes arising out of or relating to this Contract 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.
17.0 AUDIT
17.1 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. 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.
18.0 CONFLICT OF INTEREST
18.1 In accordance with A.R.S. § 38-511, the Parties may within three years after execution cancel the
Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating,
securing, drafting or creating the Agreement on behalf of the State, 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.
19.0 DATA SHARING AGREEMENT
19.1 If determined by the ADES that sharing of confidential data will occur with the Contractor, the Contractor
shall complete the ADES Data Sharing Request Agreement and submit the completed Agreement to the
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.
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
22.1 Indemnification for Contractor:
22.1.1 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.
22.2 Indemnification for Subcontractor
ADES Contract #_________________ Page 4 of 9 Rev. 8/20/13
22.2.1 In addition, Maricopa County Administered by its Human Services Department shall cause its contractor(s)
and subcontractors, if any, to indemnify, defend, save and hold harmless the State of Arizona, any
jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective
directors, 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 Maricopa County Administered by its Human Services Department 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.
23.0 INSURANCE REQUIREMENTS
23.1 INSURANCE REQUIREMENTS FOR GOVERNMENTAL PARTIES TO AN IGA:
23.1.1 None.
23.2 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 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 Agreement by the Contractor, his agents, representatives, employees or subcontractors, and
Contractor and the governmental entity are free to purchase additional insurance.
1. Minimum Scope and Limits of Insurance: Contractor shall provide coverage with limits of
liability not less than those stated below.
1. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal injury and broad
form contractual liability.
• General Aggregate $2,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Blanket Contractual Liability – Written and Oral $1,000,000
• Fire Legal Liability $ 50,000
• Each Occurrence $1,000,000
a. The policy shall be endorsed to include coverage for sexual abuse
and molestation.
b. The policy shall be endorsed to include the following additional insured
language: “The State of Arizona and the ADES shall be named as
additional insureds with respect to liability arising out of the
activities 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.)
c. Policy shall contain a waiver of subrogation against the State of Arizona,
its departments, agencies, boards, commissions, universities and its
officers, officials, agents, and employees for losses arising from work
performed by or on behalf of the Contractor.
2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned
vehicles used in the performance of this Agreement.
Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “The State of Arizona and the ADES shall be named as
additional insureds with respect to liability arising out of the
ADES Contract #_________________ Page 5 of 9 Rev. 8/20/13
activities performed by or on behalf of the Contractor, involving
automobiles owned, leased, hired or borrowed by the Contractor".
b. Policy shall contain a waiver of subrogation against the State of Arizona,
its departments, agencies, boards, commissions, universities and its
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.)
3. Worker's Compensation and Employers' Liability
• Workers’ Compensation Statutory
• Employers' Liability
• Each Accident $ 500,000
• Disease – Each Employee $ 500,000
• Disease – Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation against the State of
Arizona, its departments, agencies, boards, commissions, universities
and its 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: Separately, EACH contractor or
subcontractor exempt under A.R.S. 23-901, AND when such contractor
or subcontractor executes the appropriate waiver (Sole
Proprietor/Independent Contractor) form.
2. Additional Insurance Requirements: The policies shall contain, or be endorsed to
contain, the following provisions:
1. The State of Arizona and the ADES, wherever additional insured status is required
such additional insured shall be covered to the full limits of liability purchased by
the Contractor, even if those limits of liability are in excess of those required by this
Agreement.
2. The Contractor's insurance coverage shall be primary insurance with respect to all other
available sources.
3. Coverage provided by the Contractor shall not be limited to the liability assumed under
the indemnification provisions of this Agreement.
3. Notice of Cancellation: Each insurance policy required by the insurance provisions of this
Agreement shall provide the required coverage and shall not be suspended, voided, canceled, or
reduced in coverage or in limits except after thirty (30) days prior written notice has been given to
the State of Arizona. Such notice shall be sent directly to the ADES, Office of Procurement, 1789
W. Jefferson St. Site Code 805Z, Phoenix, AZ 85007 and shall be sent by certified mail, return
receipt requested.
4. Acceptability of Insurers: Insurance is to be placed with duly licensed or approved non-admitted
insurers in the State of Arizona with 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.
5. Verification of Coverage: Contractor shall furnish the State of Arizona with certificates of
insurance (ACORD form or equivalent approved by the State of Arizona) as required by this
Agreement. The certificates for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf.
All certificates and endorsements are to be received and approved by the State of Arizona before
work commences. Each insurance policy required by this Agreement must be in effect at or prior to
commencement of work under this Agreement and remain in effect for the duration of the project.
Failure to maintain the insurance policies as required by this Agreement, or to provide evidence of
renewal, is a material breach of Agreement.
All certificates required by this Agreement shall be sent directly to ADES, Office of Procurement,
1789 W. Jefferson St. Site Code 805Z, Phoenix, AZ 85007 unless the Reporting
Requirements specifies otherwise. The State of Arizona contract number and contract
description shall be noted or referenced on the certificate of insurance. The State of Arizona
reserves the right to require complete, certified copies of all insurance policies required by this
ADES Contract #_________________ Page 6 of 9 Rev. 8/20/13
Agreement at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA’S RISK
MANAGEMENT SECTION.
6. Subcontractors: Contractors’ certificate(s) shall include all subcontractors as insureds under its
policies or Contractor shall furnish to the State of Arizona separate certificates and endorsements
for each subcontractor. All coverages for subcontractors shall be subject to the minimum
requirements identified above.
7. Approval: Any modification or variation from the insurance requirements in this Agreement shall
be made by the Department of Administration, Risk Management Section, whose decision shall be
final. Such action will not require a formal amendment to the Agreement, but may be made by
administrative action.
8. Exceptions: In the event the Contractor or sub-contractor(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 sub-contractor(s) is/are a State of Arizona agency, board,
commission, or university, none of the above shall apply.
24.0 IT 508 COMPLIANCE
24.1 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.
25.0 NON-AVAILABILITY OF FUNDS
25.1 In accordance with ARS § 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.
26.0 NON-DISCRIMINATION
26.1 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.
27.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED
27.1 Due to security and identity protection concerns, direct services under this contract 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 contract. This provision applies to work performed by subcontractors at
all tiers.
28.0 RIGHT OF OFFSET
28.1 The ADES shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred
by the ADES, or damages assessed by the 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 the 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 CONFIDENTIALITY
30.1 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 the ADES and to the Attorney General's Office as required by the terms of this
contract, by law or upon their request.
ADES Contract #_________________ Page 7 of 9 Rev. 8/20/13
30.2 Notwithstanding the foregoing, Contractor may release public records redacting confidential and personal
identifying information in response to a valid public records request pursuant to the Arizona Public Records
Law (A.R.S. § 39-121 et seq.), provided, that in the event such a public records request is received,
Contractor shall immediately notify ADES and thereafter permit ADES(or any counterparty of ADES to
whom the records or information subject to the request belongs or concerns) to intervene in order to secure
a protective order or other appropriate relief from a court of competent jurisdiction. The protective action
described in the preceding sentence shall be undertaken (if at all) in the sole discretion of ADES and/or its
counterparties, and a protective order or other appropriate relief must be obtained within ten (10) business
days from the date that notification of the public records request is delivered by Contractor to ADES.
Contractor shall not, under any circumstances, be responsible for securing a protective order or other relief
enjoining the release of records, nor shall Contractor be in any way financially responsible for any costs
associated with securing such an order.
30.3 The Contractor shall comply with the requirements of Arizona Address Confidentiality Program, A.R.S. §
41-161 et. seq. The ADES will advise the Contractor as to applicable policies and procedures the ADES
has adopted for such compliance.
31.0 FINGERPRINTING
31.1 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.
31.2 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 contract. 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.
31.3 To the extent A.R.S. § 46-141 is applicable to contract performance or the services provided under this
contract, the following provisions apply:
31.3.1 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.
31.3.2 Except as provided in A.R.S. § 46-141, this contract 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.
31.4 Federally recognized Indian tribes will submit and the ADES shall accept certifications that state that no
personnel who are employed or who will be employed during the contract term have been convicted of,
have admitted committing or are awaiting trial on any offense as described in A.R.S. § 36-594.01 (as may
be amended).
32.0 BACKGROUND CHECKS FOR EMPLOYMENT THROUGH THE CENTRAL REGISTRY If providing direct services
to children or vulnerable adults, the following shall apply:
32.1 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as provisions
of this Contract.
32.2 The 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:
1. Any person who applies for a contract with this State and that person’s employees;
2. All employees of a contractor;
3. A subcontractor of a contractor and the subcontractor’s employees; and
4. Prospective employees of the contractor or subcontractor at the request of the prospective
employer.
32.3 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.
32.4 1. 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
ADES Contract #_________________ Page 8 of 9 Rev. 8/20/13
contract, employment, licensure, certification or other benefit because the person has been granted
a Central Registry exception.
2. 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 the ADES whether an
allegation of abuse or neglect was made against them and was substantiated. The completed
forms are to be maintained as confidential.
32.5 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:
1. The person is not currently the subject of an investigation of child abuse or neglect in Arizona or
another state or jurisdiction; and
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. The Certification for Direct
Service Position is located
at: https://www.azdes.gov/InternetFiles/InternetProgrammaticForms/doc/ACY-1287AFORFF.doc .
32.6 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.
32.7 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 Contract. The Request for Search
of Central Registry for Background Check form is located at: https://www.azdes.gov/opac.
33.0 ATTACHMENTS
33.1 None
34.0 EXHIBITS
34.1 None
ADES Contract #_________________ Page 9 of 9 Rev. 8/20/13