Office of General Counsel

State of Arizona Provisions

General Information

State of Arizona Revised Statutes and ABOR Policy

How to Apply the State of Arizona Provisions

State of Arizona Provisions

Questions

 

General Information

There are certain State of Arizona Provisions that with very few exceptions must be included in every contract ASU enters into.

Note: As of July 1, 2013, the State of Arizona Provisions have been updated to remove the former paragraph entitled "Prohibited Business Operations with Sudan and Iran." Such provision is no longer required under the applicable Arizona state law.

These provisions may be included directly into the agreement, or may be incorporated by reference by attaching a copy of the State of Arizona Provisions to the agreement, and adding a paragraph in the agreement that reads: "The State of Arizona Provisions attached hereto are incorporated herein by reference."

For an explanation of the source and use of these provisions, refer to the information below.

You may also access a Word or PDF version of the State of Arizona Provisions.

State of Arizona Revised Statutes and ABOR Policy

Links to the State statutes and procedures cited in the State of Arizona Provisions can be found below. The statutes can be printed from the link if a copy of the statute or procedure is requested.

How to Apply the State of Arizona Provisions

  1. Every contract must include:
    • "Nondiscrimination"
    • "Conflict of Interest"
    • "Notice of Arbitration Statutes"
    • "Contractor's Records" and
    • "Failure of Legislature to Appropriate".
  2. In addition to the above:

  3. In all procurement contracts and in contracts in which ASU pays for goods or services must include:
    • "Dispute Resolution" and
    • "Legal Worker Requirements"
  4. If the agreement requires ASU to maintain any level of confidentiality, and the requirement cannot be deleted, the "Confidentiality" provision must be included.
  5. If the agreement contains any type of indemnification or "hold harmless" provision, and the provision cannot be deleted, the "Indemnification" provision must be included.
  6. If the agreement contains the use of the ASU service mark or trademark, the "ASU Service Marks and Trademarks" provision must be included.
  7. If a third party (including contractors, lessees and licensees) will be present on or perform its obligations on any ASU owned, leased or controlled property, the "Weapons, Explosive Devices and Fireworks" provision must be included.
  8. Regarding the notice of arbitration, this provision does not, by itself, require arbitration. There are two state statutes that require that ASU put notice of these statutes in all ASU contracts to provide notice that in the event an action is filed in superior court, the court's arbitration rules will apply.

State of Arizona Provisions

ASU is required to include certain contract clauses in all contracts. For guidance on what provisions must always be included and what to include depending on the circumstances of the contract, see How to Apply the State of Arizona Provisions.

  1. Nondiscrimination
    The parties agree to comply with all applicable state and federal laws, rules, regulations, and executive orders governing equal employment opportunity, immigration, and nondiscrimination, including the Americans with Disabilities Act. If applicable, the parties will abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

  2. Conflict of Interest
    ASU's participation in this Agreement is subject to Section 38-511 of the Arizona Revised Statutes which provides that this Agreement may be cancelled if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of University is, at any time while this Agreement or any extension thereof is in effect, an employee or agent of the other party to this Agreement in any capacity or a consultant to any other party with respect to the subject matter of this Agreement.

  3. Notice of Arbitration Statutes
    Pursuant to Section 12-1518 of the Arizona Revised Statutes, the parties acknowledge and agree, subject to the Arizona Board of Regents Policy 3-809, that they will be required to make use of mandatory arbitration of any legal action that is filed in the Arizona superior court concerning a controversy arising out of this Agreement if required by Section 12-133 of the Arizona Revised Statutes.

  4. Dispute Resolution
    If a dispute arises under this Agreement, the parties agree to exhaust all applicable administrative remedies provided for under Arizona Board of Regents Policy 3-809.

  5. Contractor's Records
    To the extent required by Section 35-214 of the Arizona Revised Statutes, Contractor agrees to retain all records relating to this Agreement. Contractor agrees to make those records available at all reasonable times for inspection and audit by University or the Auditor General of the State of Arizona during the term of this Agreement and for a period of five (5) years after the completion of this Agreement. The records shall be provided at Arizona State University, Tempe, Arizona, or another location designated by University upon reasonable notice to Contractor.

  6. Failure of Legislature to Appropriate
    If University's performance under this Agreement depends upon the appropriation of funds by the Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then University may provide written notice of this to Contractor and cancel this Agreement without further obligation of University. Appropriation is a legislative act and is beyond the control of University.

  7. Weapons, Explosive Devices and Fireworks
    University prohibits the use, possession, display or storage of any weapon, explosive device or fireworks on all land and buildings owned, leased, or under the control of University or its affiliated or related entities, in all University residential facilities (whether managed by University or another entity), in all University vehicles, and at all University or University affiliate sponsored events and activities, except as provided in §12-781 of the Arizona Revised Statutes or unless written permission is given by the ASU Police Department (ASU PD). Notification by Contractor to all persons or entities who are employees, officers, subcontractors, consultants, agents, guests, invitees or licensees of Contractor ("Contractor Parties") of this policy is a condition and requirement of this Agreement. Contractor further agrees to enforce this contractual requirement against all Contractor Parties. ASU’s policy may be accessed through the following web page: asu.edu/aad/manuals/pdp/pdp201-05

  8. Confidentiality
    Any other provision of this Agreement to the contrary notwithstanding, the parties acknowledge that Arizona State University is a public institution, and as such is subject to Title 39, Chapter 1, Article 2 of the Arizona Revised Statutes (Sections 39-121 through 39-127). Any provision regarding confidentiality is limited to the extent necessary to comply with the provisions of state law.

  9. Indemnification
    Any other provision of this Agreement to the contrary notwithstanding, the parties acknowledge that Arizona State University is a public institution and any indemnification or hold harmless provision shall be limited as required by State law, including without limitation Article 9, Sections 5 and 7 of the Arizona Constitution and Sections 35-154 and 41-621 of the Arizona Revised Statutes.

  10. ASU Service Marks and Trademarks
    For purposes of this provision, the phrase "ASU mark" means any trade name, trademark, service mark, logo, domain name, and any other distinctive brand feature owned or used by ASU. Contractor agrees to comply with ASU's trademark licensing program concerning any use or proposed used by Contractor of any of ASU mark on goods, in relation to services, and in connection with advertisements or promotion of Contractor or its business. Prior to any use of an ASU mark by Contractor or its affiliates or successors or assigns, Contractor will comply with ASU Policy PUR 701, "Trademark Licensing" and submit the proposed use of the ASU mark (together with a sample or specimen of the intended use) to ASU's Trademark Licensing Coordinator for approval. Except as expressly authorized in this Agreement, Contractor is not permitted to use any ASU mark without prior written approval of ASU's Trademark Licensing Coordinator. Contractor's use of any ASU mark must comply with ASU's requirements, including using the "circle R" (®) indication of a registered trademark.

  11. Student Educational Records
    The University and Facility recognize that student educational records are protected by the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g). Facility agrees to comply with FERPA and to not make any disclosures of student educational records to third parties without prior notice to and consent from the University or as otherwise provided by law.

  12. Legal Worker Requirements
    As required by Arizona Revised Statutes § 41-4401, ASU is prohibited after September 30, 2008 from awarding a contract to any contractor who fails, or whose subcontractors/subrecipients fail, to comply with Arizona Revised Statutes § 23-214A. Contractor warrants that it complies fully with all applicable federal immigration laws and regulations that relate to its employees, that it shall, as applicable or required under Arizona Revised Statutes § 23-214A, verify, through the employment verification pilot program as jointly administered by the U.S. Department of Homeland Security and the Social Security Administration or any of its successor programs, the employment eligibility of each employee hired to work on this Agreement, and that it shall, as applicable or required under Arizona Revised Statutes § 23-214A, require its subcontractors and sub-subcontractors to provide the same warranties to Contractor.

    A breach of the foregoing warranty shall be deemed a material breach of this Agreement. In addition to the legal rights and remedies available to ASU hereunder and under the common law, in the event of such a breach, ASU shall have the right to terminate this Agreement. Upon request, ASU shall have the right to inspect the papers of each contractor, subcontractor or any employee of either who performs work hereunder for the purpose of ensuring that the contractor or subcontractor is in compliance with the warranty set forth in this provision.

Questions

If you encounter any problems or questions with regard to the provisions, please contact the Office of General Counsel.

 

Updated July, 2013


Some of the legal material found at this site has been abridged from laws, regulations, court decisions, administrative rulings, ABOR and ASU policies and other sources. Further details may be necessary for complete analysis and understanding in particular matters. The information contained at this site, and related links, is not a substitute for professional legal counsel. Any discrepancy between the information at this site and ASU policy is not intended to alter or amend official ASU policy or procedure.

Any links to non-Arizona State University information are provided as a courtesy. They are not intended to nor do they constitute an endorsement by the Arizona Board of Regents or Arizona State University of the linked materials.