IGA DCS+AOC+COUNTY OPDS JAN 2020.PDF

Interagency Agreement Between 
Arizona Department of Child Safety (DCS) 
The Arizona Supreme Court, Administrative Office of the Courts (AOC) 
and 
Maricopa County 
This Agreement is between the Arizona Department of Child Safety, (hereinafter referred to as DCS), 
The Arizona Supreme Court, Administrative Office of the Courts, (hereinafter referred to as AOC) and 
Maricopa County (hereinafter referred to as County). 
1.0 TERM OF THE AGREEMENT 
a. The term of this Agreement shall begin on the date of the last signature and shall continue 
until canceled. 
b. Allowable costs incurred after calendar year 2019 must be invoiced, to the AOC, quarterly 
on the "Certification of Expenditure" form (Attachment A). 
c. "Certification of Expenditure" forms for Quarters 1-3 must be submitted within 15 days 
following the end of each quarter; 4 th Quarter "Certification of Expenditure" forms must 
be submitted within 45 days following the end of the 4" quarter State Fiscal Year. 
d. An annual progress report, explaining how reimbursed funds were used and any system 
improvements achieved, must be submitted with the 4 th quarter "Certification and 
Expenditure" form. 
e. Allowable costs may be invoiced to cover expenditures beginning January 7, 2019. These 
costs shall be invoiced for 2019 in total on the "Certification of Expenditure - 2019" form 
(included as Attachment B) and submitted to the AOC no later than March 31, 2020. 
f. The funding associated with this reimbursement is from Title IV-E Foster Care. CFDA. 
#93-658. 
2.0 PARTIES 
This Interagency Agreement is between DCS, AOC, and County. 
3.0 PURPOSE 
3.1. 	
The purpose of this Agreement is to allow the County to receive partial reimbursement 
for expenses incurred for the legal representation of children and parents in dependency and 
termination cases, including appeals, pursuant to Title IV-E administration laws and 
regulations and the federal Children's Bureau Child Welfare Policy Manual. These 
expenditures shall include costs associated with the independent legal representation by an 
attorney, including an attorney Guardian Ad Litem, for a child who is a candidate for Title IV-
E foster care or is in foster care to prepare for and participate in all stages of Dependency and/or 
Termination related proceedings, including appeals. Expenditures associated with the 
independent representation by an attorney, including an attorney Guardian Ad Litem, to 
prepare for and participate in all stages of Dependency and/or Termination related proceedings, 
including appeals, for the child's parents, are also included. 
3.2. 	
DCS, AOC and County agree that DCS shall facilitate Title IV-E Federal Financial 
Participation (FFP) to the County as partial reimbursement for allowable costs associated with 
the independent legal representation by an attorney, for a child who is a candidate for Title IV-
E foster care or in foster care, and for his/her parent(s), to prepare and participate in all stages 
of Dependency and/or Termination proceedings, including appeals, contingent on the agreed 
upon responsibilities of all parties.

4.0 
AUTHORITY 
Authority for this Agreement is granted pursuant to the eligibility criteria of Title IV-E of the 
Social Security Act 42 U.S.C. § 673(a)(6); 45 CFR §1356.60(c); Section 474(a)(3); the 
Children's Bureau Child Welfare Policy Manual; A.R.S. § 35-148; and the Arizona DCS Title 
IV-E State Plan. 
5.0 ALLOWABLE COSTS 
Expenditures shall include costs associated with the independent legal representation by an 
attorney, for a child who is a candidate for Title IV-E foster care or in foster care and his/her 
parent(s), to prepare for and participate in all stages of Dependency and Termination, including 
appeals, and related proceedings. Allowable costs are limited to attorney and paralegal 
compensation and the administrative costs allocated to directly support the attorney 
representing eligible parents or children allowable under Title IV-E, including indirect 
expenses proportionally attributed to the representation provided. Costs associated with 
caseworkers, social workers, and services for these families are not eligible for reimbursement, 
however reimbursement funds may be expended for those and other services as allowed in 
section 7.1 (g). 
6.0 DISALLOWED COSTS 
6.1. 	
In any disallowance or deferral action in which County is liable to DCS for the loss of 
funds, County shall be responsible for all legal fees against Title IV-E federal financial 
participation received by County and costs associated with the defense against the disallowance 
action. DCS shall cooperate with the County in defense of such action by providing or making 
available all related records and documents and by permitting DCS staff to provide technical 
assistance to County in preparing appropriate party defense, but DCS assumes no other liability 
for the defense of the disallowance, 
6.2. 	
DCS is entitled to recover all payments improperly made or made by error to County, 
are not supported by appropriate documents or records, or are disallowed in a state or federal 
audit. County is responsible for refunding the full amount of such payment upon a written 
request from DCS. 
7.0 RESPONSIBILITY 
7.1 	
County shall: 
Assume all responsibility and liability for erroneous reporting of costs allowable or 
disallowable; 
a. Establish agreements and/or contracts for legal services that support the Rules of Procedure 
for the Juvenile Court Rule 40.1, Duties and Responsibilities of Appointed Counsel and 
Guardians Ad Litem, and Rule 40.2, Duties and Responsibilities of Appointed Counsel for 
Parent Representation; 
b. Send a completed and signed "Certification of Expenditures" form, authorized by DCS, 
along with a report of the number of attorneys, the number of cases and the per attorney 
caseload for all attorneys representing children and parents related to abuse and neglect 
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cases, to the AOC within 15 calendar days following the end of the first, second and third 
quarter. The 4th quarter "Certification and Expenditures" form, along with an annual 
progress report, is due to the AOC no later than 45 days following the end of the State 
Fiscal Year. A copy of the authorized "Certification of Expenditures" form is included 
herein as Attachment A; 
c. Be responsible for the non-federal share requirement; 
d. Retain administrative fiscal records that substantiate costs invoiced under this Agreement; 
e. Make available to DCS, upon written request, all documents supporting the expenditures 
and claims identified in the "Certification of Expenditures" form, excluding attorney work 
product and confidential information. 
f. County shall utilize at least 75% of the monies acquired through Title IV-E reimbursement 
to supplement and not supplant existing funding for parent and/or child representation 
through expanding, enhancing or developing initiatives such as, but not limited to: 
1. Preventing dependency filings without jeopardizing child safety; 
2. Implementing a Parent Mentoring Program; 
3. Meeting timeframes mandated by the Arizona Revised Statutes, Title 8, Chapter 4, 
Articles 4, 5, 8, 9, 10 and 11, as well as all applicable Court Rules; 
4. Enhancing representation through training and education; 
5. Improving the ability of attorneys to manage their dependency case load; 
6. Improving attorney-client ratios; 
7. Establishing models that bring together attorneys, social workers and parent advocates 
to form interdisciplinary representation teams. 
g. Provide DCS an anticipated projection of allowable costs by June 1s t, to be claimed the 
following state fiscal year. The actual transfer amount will depend on the County 
expenditures that qualify for FFP under Title IV-E. 
7.2 	
AOC Shall: 
a. Complete and submit to DCS the "Certification of Expenditures" form with the aggregate 
of all County reported expenditures for the previous quarter no later than 45 days after the 
end of each quarter. 
b. Complete and submit to DCS the 4 th Quarter "Certification of Expenditures" form no later 
than 90 days following the end of the calendar; 
c. Disburse funds to County upon receiving the Title IV-E reimbursement funds from DCS. 
7.3 	
JCS Shall: 
a. Apply the Arizona DCS Title IV-E penetration rate (Vcr Title IV-E eligible children) to the 
total county expenditures and claim 50% FFP administrative reimbursement, upon receipt 
of a "Certification of Expenditures" form; 
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b. Disburse, to AOC the County's share of the Federal Title IV-E reimbursement via an AFIS 
transfer, upon receiving the Federal Title IV-E reimbursement funds; 
c. Provide technical support and direction on Federal Title IV-E policy. Track, report and 
ensure timely transfer of IV-E Federal Reimbursement to AOC; 
d. Provide Arizona Population Factor Percentage applied for reimbursement; 
e. Retain no more than $25,000 annually for the administrative expenses associated with 
processing claims. 
8.0 CONFIDENTIALITY 
All parties agree that client information will be kept confidential and will be treated 
confidentially consistent with applicable state and federal law, including Title IV-E 
confidentiality requirements, court rules, and Rules of Professional Responsibility. 
9.0 AMENDMENTS 
This Agreement may be amended only in writing executed by all parties. 
10.0 TERMINATION OF AGREEMENT 
Any party may terminate this Agreement upon a 60-day written notice to the other parties at 
the following addresses: 
Administrative Office of the Courts 
1501 W. Washington, Ste. 128 
Phoenix, AZ 85007 
Attn: Caroline Lautt-Owens 
Maricopa County 
301 W. Jefferson, 10 th Floor 
Phoenix, Arizona 85003 
ATTN: Joy Rich 
Arizona Department of Child Safety 
3003 N. Central 
Phoenix, AZ 85012 
SCO I 0-20 Attn: Contracts 
11.0 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 (Title 
41). 
12.0 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 years after its execution, cancel any contract (Agreement) without 
penalty or further obligation, made by the State, its political subdivisions or any department or 
agency of either if any person significantly involved in initiating, negotiating, securing, 
drafting or creating the contract on behalf of the State, its political subdivisions or any 
department or agency of either is, at any time while the contract or any extension of the contract 
is in effect, an employee or agent of any other party to the contract in any capacity or a 
consultant to any other party to the contract with respect to the matter of the contract. A 
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cancellation made pursuant to this provision shall be effective when the AOC and the County 
receive written notice of the cancellation, unless the notice specifies a later time. 
13.0 FEDERAL IMMIGRATION AND NATIONALITY ACT: 
13.1. By entering into the Agreement, AOC and County warrant 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. AOC and County 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. AOC and County 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. 1-9 forms are 
available for download at USCIS.GOV . 
13.2. The State may request verification of compliance for AOC or County or subcontractor 
performing work under the Agreement. Should the State suspect or find that AOC or County 
or any 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 AOC and the County. All costs necessary to 
verify compliance are the responsibility of the AOC and the County. 
14.0 NON-AVAILABILITY OF FUNDS 
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 of for any damages as a result of termination under this paragraph. 
15.0 NON-DISCRIMINATION 
AOC and County shall comply with Executive Order 75-5, as modified by Executive Order 
2009-09, which mandates that all persons, regardless of race, color, religion, sex, age, national 
origin, or political affiliation, shall have equal access to employment opportunities, and all 
other applicable State and Federal employment laws, rules and regulations, including the 
Americans with Disabilities Act. AOC and County shall take affirmative action to ensure that 
applicants for employment and employees are not discriminated against due to race, creed, 
religion, sex, national origin or disability. 
16.0 RECORDS & AUDIT 
Pursuant to A.R.S. § 35-214 and 35-215, AOC and County shall retain and shall contractually 
require each subcontractor to retain all data, books and other records ("Records") relating to 
this Contract (Agreement) for a period of five (5) years after the completion of the Agreement. 
All records shall be subject to inspection and audit by DCS at reasonable times. Upon 
request, AOC and County shall produce the original of any or all such Records at no cost. Such 
records shall exclude attorney work product and confidential information. 
17.0 
E-VERIFY 
17.1. AOC and County warrant compliance with all Federal immigration laws and 
regulations relating to employees arid warrants its compliance with Section A.R.S. § 23- 214, 
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Subsection A if applicable. (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".) 
17.2. A breach of a warrant regarding compliance with immigration laws and regulations 
shall be deemed a material breach of the Agreement and AOC and County may be subject to 
penalties up to and including termination of the contract. 
17.3. Failure to comply with a State audit process to randomly verify the employment records 
of AOC and County and subcontractors shall be deemed a material breach of the Agreement 
and AOC and County may be subject to penalties up to and including termination of the 
Agreement. 
17.4. DCS retains the legal right to inspect the papers of any employee who works on the 
Agreement to ensure that AOC and County or any subcontractor is complying with the 
warranty under paragraph 17.1. 
18.0 AMENDMENTS OR MODIFICATIONS 
This Agreement may be amended or modified at any time by mutual agreement. No agent, 
employee or other representative of any party is empowered to alter any of the terms of the 
agreement, unless done in writing and signed by the authorized representative of the respective 
parties. 
19.0 EXEMPTIONS 
Each party shall give written notice to the other parties 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 address. 
2. Change of telephone number. 
3. Change in authorized signatory. 
4. Change in the name and/or address of the person to whom notices are to be sent. 
20.0 
APPLICABLE LAW 
This Agreement shall be governed and interpreted by the laws of the State of Arizona. 
21.0 INDEMNIFICATION AND INSURANCE 
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, (AOC and DCS) is self-insured per A.R.S. 41-621. 
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In addition, should the County utilize a contractor(s) and subcontractor(s) the indemnification 
clause between (insert name of other governmental entity) 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 (insert name of other governmental entity) 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 
22.0 IT 508 COMPLIANCE 
Unless specifically authorized in the Agreement, any electronic or information technology 
offered to the State of Arizona under this solicitation shall comply with A.R.S. §* 18-131and 
18-132 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. 
23.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED 
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 contract. This provision applies to work performed by subcontractors at all 
tiers. 
24.0 PERSONAL USE OF CONTRACTS UNLESS AUTHORIZED 
State employees and public officers shall not be permitted to purchase materials or services 
under this Contract (Agreement) for their own personal or business use unless authorized in 
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Michael Faust 
Director 
Arizona Department of Child Safety 
Date 	
 
/2044--4 AxavAge.c, 
An 844-01/6,,v14— 
writing by the Director of the Arizona Department of Administration, pursuant to A.A.C. R2- 
7-204. 
25.0 THIRD PARTY ANTITRUST VIOLATIONS 
AOC and County assign to the State any claims for overcharges resulting from antitrust 
violations to the extent that such violations concern materials or services supplied by third 
parties to AOC and County toward fulfillment of this Agreement. 
(){ 
David Byers 
Director 
Arizona Adinist5ative Office of the Courts 
Date 	
1/ 	
7 n  
Joy Rich 
Manager 
Maricopa County 
Date 
- 
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ATTACHMENT A 
Arizona Title IV-E Legal Pass-Through - Certification of Expenditure Form 
REQUEST FOR REIMBURSEMENT 
Reporting (Invoice) Period 
NAME AND ADRESS OF PROVIDER 
Provider's Legal Name: 
Quarter 
Calendar Year 
Address: 
County invoice Number (Required) 
Contact Person (Required) 
Mail to: 	
Administrative Office of the Courts- DCSD 
1501W. Washington, Suite 128 	
Telephone Number (Required) 
Phoenix, AZ 85007 
Attn: Court Improvement IV-E Specialist 	
County (Required) 
SUMMARY OF REIMBURSEMENT 
Total IV-E Allowable Expenses 
AZ Population Factor 
Total IV-E Reimbursement 
(To be completed by DCS) 
(To be completed by DCS) 
# of Attorneys Representing Parents 
# of Attorneys Representing Children 
Average Cases per Attorney 
	I Average Cases per Attorney 
certify that this Request for Reimbursement is in accordance with the terms and conditions of the agreement and applicable federal regulations. 
Signature and Title of Authorized Representative 	
Date 
Submit this form within fifteen (15)days following the end of the first, second, and third quarters. 
Submit this form within forty five (45) following the end of the fourth quarter and include with this form an annual progress report. 
Reporting Periods: 
Quarter 1: .July 1 - September 30 
Quarter 2: October 1 - December 31 
Quarter 3: January 1 - March 31 
Quarter 4: April 1 -June 30

ATTACHMENT B 
Arizona Title1V-E Legal Pass-Through - Certification of Expenditure Form, 2019 
REQUEST FOR REIMBURSEMENT 
Reporting (Invoice) Period 
NAME AND ADRESS OF PROVIDER 
Provider's Legal Name: 
1/7/2019 	
12/31/2019 
Address: 
Mail to: 
SUMMARY OF REIMBURSEMENT 
Jan-19 
Feb-19 
Mar-19 
Apr-19 
May-19 
Jun-19 
Jul-19 
Aug-19 
Sep-19 
Oct-19 
Nov-19 
Dec-19 
Total IV-E Allowable Expenses 
Al Population Factor 
Total IV-E Reimbursement 
# of Attorneys Representing Parents 
# of Attorneys Representing Children 
Arizona Administrative Office of the Courts - DCSD 
1501W. Washington Street, Suite 128 
Phoenix, AZ 85007 
Attn: Court Improvement IV-E Specialist 
Allowable 
Expenditures 
(To be completed by DCS) 
(To be completed by DC_S) 
	I 
Average Cases per Attorney 
Average Cases per Attorney 
County Invoice Number (Required) 
Contact Person (Required) 
Telephone Number (Required) 
County (Required) 
I certify that this Request for Reimbursement is in accordance with the terms and conditions of the agreement and applicable federal regulations 
Signature and Title of Authorized Representative 	
Date 
This one time claim must be submitted no later than March 31, 2020.