DI24-002413-COMMUNITY HEALTH PRACTICUM 4-11-2024.PDF
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Intergovernmental Agreement (IGA)
Agreement No.: DI24-002413
Description: Refugee Health Promotion - Community Health
Practicum
11/2023 Intergovernmental Agreement v8
Page 1 of 15
Agreement between the Arizona Department of Economic Security ("ADES") and Maricopa County through
its 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. §§ 11-201 and 11-251,
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 date of last signature and shall end on 4/30/2025, 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
DEPARTMENT OF ECONOMIC SECURITY:
FOR AND ON BEHALF OF MARICOPA COUNTY:
Signature
Signature
Printed Name
Printed Name
Title
Title
Date
Date
ADES Contract Number: DI24-002413
Contractor’s Contract Number (If applicable)
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
Date: _________________________________
Date: ________________________________________
Intergovernmental Agreement (IGA)
Agreement No.: DI24-002413
Description: Refugee Health Promotion- Community Health
Practicum
11/2023 Intergovernmental Agreement v8
Page 2 of 15
1.
ADES MISSION AND VISION STATEMENTS
1.1.
ADES Mission: To strengthen individuals, families, and communities for a better quality of life.
1.2.
ADES Vision: A thriving Arizona.
2.
PURPOSE OF AGREEMENT
2.1.
The purpose of this Agreement is to increase health care coordination, health education, and wellness
group organizations for Refugees (or others as indicated by ADES who have been resettled in the State
of Arizona) through the funding of Community Health Worker candidate Practicums at Refugee-serving
organizations where they will be delivering Refugee Health Promotion (RHP) services to eligible
Refugees.
3.
DEFINITIONS:
3.1.
Certification Candidate: An individual enrolled in the Community Health Worker certification refugee
pilot cohort.
3.2.
Client: An individual who meets the service eligibility criteria described in Section 4.1.
3.3.
Practicum: Provides students with hands-on experience in the role of the community health worker in the
public health field, including guiding clients through various types of healthcare situations. The completion
of a practicum is a requirement for the Community Health Worker Certification.
3.4.
Community Health Worker (CHW): A frontline public health worker who is a trusted member of and/or
has an unusually close understanding of the community served. This trusting relationship enables the
worker to serve as a liaison/link/intermediary between health/social services and the community to
facilitate access to services and improve the quality and cultural competence of service delivery. The
CHW builds individual and community capacity by increasing health knowledge and self-sufficiency
through a range of activities such as outreach, community education, informal counseling, social support
and advocacy.
3.5.
Culturally Responsive: Services that take into consideration, plan for, and address the patterns of
beliefs, behaviors, customs, arts, worldviews and social institutions of a particular nation, people, or
other social group.
3.6.
Key Personnel: Program management and staff who submit reports and invoices to ADES.
3.7.
Office of Refugee Resettlement (ORR): The U.S. Department of Health and Human Services
(DHHS), Office of Refugee Resettlement, within the Administration for Children and Families, has
responsibility for the domestic program of refugee resettlement services. Through a wide range of
programs and benefits, the U.S. Department of State, Local Resettlement Agencies, and other public
and private entities assist Refugees’ resettlement and transition to life in the United States.
3.8.
Local Resettlement Agency (LRA): A local affiliate of a domestic Resettlement Agency (RAs) that
operates under a cooperative agreement with the U.S. Department of State to provide reception and
placement services (R&P) to the refugees.
Intergovernmental Agreement (IGA)
Agreement No.: DI24-002413
Description: Refugee Health Promotion- Community Health
Practicum
11/2023 Intergovernmental Agreement v8
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3.9.
Placements: A Client-serving organization where a CHW candidate will complete their Practicum
requirements.
3.10. Refugee: When this term is utilized in titles of programs and organizations in this contract (i.g. Refugee
Health Promotion (RHP), Office of Refugee Resettlement, Arizona Refugee Resettlement Program) it
refers to all individuals eligible for ORR services, including: Refugees admitted under the Immigration
and Nationality Act (INA) 207; Asylees granted asylum under INA 208; Cuban and Haitian Entrants as
defined under 45 CFR 401.2; Certain Amerasians; Foreign-born Adult Victims of Severe Forms of
Human Trafficking; Special Immigrant Visa (SIV) Holders; Others as indicated by the Arizona Refugee
Resettlement Program (RRP); Permanent residents who had held one of the above statuses in the past.
4.
SERVICE DESCRIPTION:
4.1.
To provide opportunities to increase community health services for Refugees in Arizona by funding
Community Health Worker candidate practicums at Client-serving organizations. Activities may include
health education classes and targeted health outreach to individuals; medical and mental health
navigation and support; and adjustment groups, skill building networks, or peer support meetings.
CHWs will provide services to Clients who are in the United States within their first five (5) years of
arrival or grant of qualifying status, and who meet one of the following criteria, pursuant to the Refugee
Act of 1980: Refugees admitted under the Immigration and Nationality Act (INA) 207; Asylees granted
asylum under INA 208; Cuban and Haitian Entrants as defined under 45 CFR 401.2; Certain
Amerasians; Foreign-born Adult Victims of Severe Forms of Human Trafficking; Special Immigrant Visa
(SIV) Holders; Others as indicated by the Arizona Refugee Resettlement Program (RRP); Permanent
residents who had held one of the above statuses in the past.
ADES’ RRP provides funding for a variety of services and benefits to eligible Clients in Arizona to
promote the health and well-being of Clients. The purpose of the Refugee Health Promotion Program is
to support client health literacy, health education, healthcare navigation, and access to health and
emotional wellness services. Many Clients arrive in Arizona with little knowledge about how to navigate
the United States healthcare system and services. Additionally, some Clients arrive with significant
mental health needs and have faced substantial barriers finding culturally responsive and linguistically
compatible mental health services and navigating care coordination. Without any formal instruction or
education on how to navigate the healthcare system, self-advocate, or prepare for appointments,
Clients are left unable to successfully address their health concerns.
5.
PROGRAM ELIGIBILITY
5.1.
Eligibility for the Community Health Practicum includes those individuals enrolled in the Community
Health Worker Certification Refugee cohort pilot. This pilot is coordinated by the Maricopa County
Department of Public Health, Paradise Valley Community College, Maricopa Community College with
assistance from ADES.
6.
RESPONSIBILITIES
6.1.
The Contractor shall:
6.1.1.
Coordinate with ADES and Client-serving organizations in Arizona to place CHW Certification
Candidates to complete their Practicums in Client-serving organizations where they will be
Intergovernmental Agreement (IGA)
Agreement No.: DI24-002413
Description: Refugee Health Promotion- Community Health
Practicum
11/2023 Intergovernmental Agreement v8
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providing one (1) or more of the services outlined in Office of Refugee Resettlement Policy
Letter 20-05 Refugee Health Promotion Program Transition to Refugee Support Services Set-
Aside Programs.
6.1.2.
Fund CHW Certification Candidates to conduct their Practicums at Client-serving organizations
by providing payment for Practicum work and additional costs for the successful completion of
the Practicums such as background checks, urine drug screening, fingerprint clearance cards,
immunizations, and other activities or screenings as needed for health and safety compliance.
6.1.3.
Assist the CHW candidates with successfully completing their Practicum requirements by
ensuring that the Practicum requirements are met through coordination with Paradise Valley
Community College.
6.1.4.
Maintain a dedicated project coordinator and point of contact for ADES to ensure that the RHP
program goals are met.
6.1.6.1 Notify ADES within two (2) business days if the position becomes vacant.
6.2.
ADES will:
6.2.1.
Find Placements for CHW Practicums at Client-serving organizations through direct outreach
to Client-serving organizations in Maricopa County, taking into account Candidate preferences,
experience, and language ability, and Placement needs. Outreach will occur in January and
February annually and Placements will be confirmed in March annually.
6.2.2.
Assist with communication needs between Placement(s), Contractor, and the CHW
candidates.
6.2.3.
Be available to the Contractor, CHW candidates, and Practicum Placements for questions and
assistance as needed.
6.2.4.
Provide training to the CHW candidates on reporting requirements on activities performed
during the Practicum. These activities will be reported to ADES on Exhibit B Refugee Health
Promotion Report.
7.
MANNER OF FINANCING
7.1.
Funding for the CHW Practicums is provided by the Refugee Health Promotion funds from the federal
Office of Refugee Resettlement.
7.2.
Reimbursement to the Contractor is in accordance with actual allowable costs incurred, not to exceed
the service reimbursement ceiling as stated in Exhibit A Itemized Service Budget, as may be amended.
Allowable costs may include the following:
7.2.1.
Salary and fringe benefit costs for the project coordinator;
7.2.2.
Personnel supplies and equipment;
7.2.3.
CHW stipends/wages at $22.05 per hour for up to 90 hours;
7.2.4.
Costs associated with the hiring of CHWs on a temporary basis;
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Agreement No.: DI24-002413
Description: Refugee Health Promotion- Community Health
Practicum
11/2023 Intergovernmental Agreement v8
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7.2.5.
Fingerprint clearance, background checks, drug screens, and any additional screenings costs
as needed;
7.2.6.
Immunization costs;
7.2.7.
Fifteen (15) percent indirect rate for administration costs;
7.2.8.
Percentage of the Refugee Program Supervisors salary and;
7.2.9.
Additional costs may be included, upon prior approval of RRP.
7.3.
Additional Itemized Service Budget(s) may be added to this Agreement based on the need of eligible
populations as deemed necessary by RRP.
7.4.
Contractor shall ensure that program activities do not duplicate or supplant other Office of Refugee
Resettlement (ORR), Bureau of Population and Refugee Migration (PRM), or RRP funded services,
including but not limited to: Reception and Placement, Matching Grant, Preferred Communities,
Refugee Program, or Refugee Social Services.
7.5.
Total allowable costs shall not exceed $99,108.33 for the period May 1, 2024 – April 30, 2025.
8.
REPORTING REQUIREMENTS
8.1.
The Contractor shall:
8.1.1. Submit Exhibit B Refugee Health Promotion Report as may be amended, due within fifteen (15)
days of the end of the CHW Practicum or May 15th, whichever comes first.
8.2.
Submit reports to:
Arizona Department of Economic Security
ATTN: Refugee Resettlement Program
Division of Aging and Adult Services-Contract Unit
Mail Drop 6271
P.O. Box 6123
Phoenix, AZ 85005
daas-rrp-reports@azdes.gov
9.
PAYMENT REQUIREMENTS
9.1.
Invoices shall be submitted by the 15th day of the month following the month services were provided.
9.2.
Contractor shall directly input financial billing information monthly into the DAARS in accordance with
the system Guide, as may be amended. DAARS web address: https://azdaars.getcare.com/
10. NOTICES
10.1. All notices to the Contractor regarding this Agreement shall be sent to the following address:
Maricopa County Department of Public Health
Attn: Reginald Williams
301 West Jefferson St.
Phoenix, AZ 85003
Intergovernmental Agreement (IGA)
Agreement No.: DI24-002413
Description: Refugee Health Promotion- Community Health
Practicum
11/2023 Intergovernmental Agreement v8
Page 6 of 15
Reginald.Williams@maricopa.gov
10.2. All notices, reporting, funding, and correspondence to ADES regarding this Agreement shall be sent to
the following address:
Arizona Department of Economic Security
Division of Aging and Adult Services
Attn: Contract Unit - Mail Drop 6271
PO Box 6123
Phoenix, AZ 85005
11. DISPOSITION OF PROPERTY
None
12. OTHER MATTERS
None
13. ATTACHMENTS
13.1. The following list of attachments constitutes an integral part of subject Agreement:
13.1.1. Attachment 1 - Data Sharing Agreement
13.1.2 Attachment 2 - Business Associate Agreement
13.1.3 Attachment 3 - Direct Service Central Registry Clearance Form
14. EXHIBITS
14.1. The following list of exhibits constitutes an integral part of subject Agreement:
14.1.1. Exhibit A - Itemized Service Budget (ISB)
14.1.2. Exhibit B - Refugee Health Promotion Report
15. EXTENSION
15.1. This Agreement may only be extended through a mutual written agreement. The term of this Agreement
should not exceed five (5) years.
16. TERMINATION
16.1. This Agreement may be terminated by mutual agreement of the parties at any time during the term of this
Agreement.
Intergovernmental Agreement (IGA)
Agreement No.: DI24-002413
Description: Refugee Health Promotion- Community Health
Practicum
11/2023 Intergovernmental Agreement v8
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16.2. Each Party shall have the right to terminate this Agreement by written request to the other Party. Written
notice of termination shall be received by either party at least thirty (30) days prior to the effective date of
said termination.
17. AMENDMENTS
17.1. This Agreement may be amended only by mutual written amendment. No agent, employee or other
representative of either Party is empowered to alter any of the terms of this Agreement, unless amended
in writing and signed by the authorized representative of the respective Parties.
17.2. 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:
17.2.1. Change of telephone number:
17.2.2. Change in authorized signatory; and/or
17.2.3. Change in the name and/or address of the person to whom notices are to be sent.
18. APPLICABLE LAW
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.
19. 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(B) and
12-133, except as may be required by other applicable statutes.
20. AUDIT
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 this 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, the Contractor shall produce the original of any or all
such records.
21. CONFIDENTIALITY
21.1. 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.
Intergovernmental Agreement (IGA)
Agreement No.: DI24-002413
Description: Refugee Health Promotion- Community Health
Practicum
11/2023 Intergovernmental Agreement v8
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21.2. 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.
22. CONFLICT OF INTEREST
In accordance with A.R.S. § 38-511, the State may within three years after execution terminate this Agreement,
without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing,
drafting or creating this Agreement on behalf of either party, at any time while this Agreement is in effect,
becomes an employee or agent of any other party to this Agreement in any capacity or a consultant to any other
party to this Agreement with respect to the matter of this Agreement.
23. E-VERIFY
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.
24. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (P. L. 104-191)
24.1. The Contractor warrants that it is familiar with the requirements of HIPAA, as amended and accompanying
regulations and will comply with all applicable HIPAA requirements in the course of this Agreement.
Contractor warrants that it will cooperate with the State in the course of performance of this Agreement
so that both the State and Contractor will be in compliance with HIPAA, including cooperation and
coordination with the offices of the Department’s Chief Information Security Officer and Chief Privacy
Officer, and other compliance officials required by HIPAA and its regulations.
24.2. The Contractor agrees to sign the Department’s Business Associates Agreement and to abide by the
statements addressing the creation, use and disclosure of confidential information, including information
designated as protected health information and all other confidential or sensitive information as defined
in policy. In addition, if requested, Contractor agrees to either:
24.2.1. Complete the Department’s HIPAA training that is intended to make the Contractor proficient in
HIPAA for purposes of performing the services required, or
24.2.2. Provide the Department with materials that will be utilized for Contractor’s own training. The
Department reserves the right to review the independent training materials and either approve
or reject them. If the training materials are rejected, the Contractor shall complete the
Department’s HIPAA training.
25. FEDERAL IMMIGRATION AND NATIONALITY ACT
25.1. By entering into this 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 this 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
Intergovernmental Agreement (IGA)
Agreement No.: DI24-002413
Description: Refugee Health Promotion- Community Health
Practicum
11/2023 Intergovernmental Agreement v8
Page 9 of 15
Immigration and Control Act, for all employees performing work under this Agreement. I-9 forms are
available for download at USCIS.GOV.
25.2. The State may request verification of compliance for any Contractor or subcontractor performing work
under this 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 this Agreement for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
26. INDEMNIFICATION AND INSURANCE REQUIREMENTS
26.1. INDEMNIFICATION:
26.1.1. 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.
26.1.2. In addition, should 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:
a. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless
the (insert name of other government 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.
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Description: Refugee Health Promotion- Community Health
Practicum
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26.2. INSURANCE REQUIREMENTS FOR GOVERNMENTAL PARTIES TO AN IGA
26.2.1. None.
26.3. 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.
26.4. MINIMUM SCOPE AND LIMITS OF INSURANCE
Contractor shall provide coverage with limits of liability not less than those stated below.
26.4.1. 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.
26.4.2. 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
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,
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Description: Refugee Health Promotion- Community Health
Practicum
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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).
26.4.3. 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).
26.5. ADDITIONAL INSURANCE REQUIREMENTS
The policies shall include, or be endorsed to include, as required by this written agreement, the following
provisions:
26.5.1. 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).
26.5.2. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the
indemnification provisions of this Contract.
26.6. 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 or emailed to
Arizona Department of Economic Security C/O: myCOI 1075 Broad Ripple Ave, Suite 313, Indianapolis,
IN 46220 or support@myCOItracking.com.
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Description: Refugee Health Promotion- Community Health
Practicum
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26.7. 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.
26.8. 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.
26.8.1. 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.
26.8.2. 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.
26.8.3. 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.
26.9. 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.
26.10. 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.
26.11. 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
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subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above
shall apply.
27. IT 508 COMPLIANCE
Unless specifically authorized in this Agreement, any electronic or information technology offered to the State
of Arizona under this agreement shall comply with A.R.S. §§ 18-131 and §§ 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.
28. NON-AVAILABILITY OF FUNDS
In accordance with A.R.S. § 35-154, every payment obligation of the State under this 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.
29. NON-DISCRIMINATION
The Contractor shall comply with State Executive Orders Nos. 2023-09, 2023-01 and 2009-09 and all other
applicable Federal and State laws, rules, and regulations, including the Americans with Disabilities Act.
Contractor shall include these provisions in contracts with Subcontractors when required by Federal or State
law.
30. 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 this
Agreement. This provision applies to work performed by subcontractors at all tiers.
31. RIGHT OF OFFSET
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
this Agreement. The right to offset may include, but is not limited to, a deduction from an unpaid balance and a
collection against the bid and/or performance bonds. Any offset taken for damages assessed by the ADES shall
represent a fair and reasonable amount for the actual damages and shall not be a penalty for non-performance.
32. SIGNATURES IN COUNTERPART
This Agreement may be executed in any number of counterparts, each of which when executed and delivered
shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.
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33. THIRD-PARTY ANTITRUST VIOLATIONS
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.
34. FINGERPRINTING
34.1. 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.
34.2. 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.
34.3. To the extent A.R.S. § 46-141 is applicable to contract performance or the services provided under this
Agreement, the following provisions apply:
34.3.1. 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.
34.3.2. 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.
34.4. 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).
35. BACKGROUND CHECKS FOR EMPLOYMENT THROUGH THE CENTRAL REGISTRY
If providing direct services to children or vulnerable adults, the following shall apply:
35.1. The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as
provisions of this Agreement.
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35.2. 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:
35.2.1. Any person who applies for a contract with this State and that person’s employees;
35.2.2. All employees of a contractor;
35.2.3. A subcontractor of a contractor and the subcontractor’s employees; and
35.2.4. Prospective employees of the contractor or subcontractor at the request of the prospective
employer.
35.3. 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.
35.4. 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.
35.5. 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.
35.6. 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:
35.6.1. The person is not currently the subject of an investigation of child abuse or neglect in Arizona or
another state or jurisdiction; and
35.6.2. 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.
35.7. 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.
35.8. 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 this Agreement.
36. DATA SHARING AGREEMENT
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.