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ORIGNIL
CONSTABLE ETHICS,
STANDARDS & TRAINING BOARD
GRANT AWARD CONTRACT
GRANT NO. CNA17405
Project Title: Uniforms
Grant Award Amount: iLi25,13
This Agreement Shall Become Effective: Upon ihe date a fully-executed original is in,kcIj rd by thc Constable
Ethics, Standards and Training Board ("Board'
Termintion Date: June 30, 2017. This agreement expires ori dii dalic micas prior written approval fur an
Wrision has theen obtained from the Board_ The floard in its sole discretion may approve an extension to
further the goals and objectives of this Grant Award Contract, and to determine the length of any extension.,
TERMS OF AGREEMENT
i
This Grant rant Award Cullum!. is entered into by Maricopa County (GRANTEE), and the BOARD, through its
Chairman pursuant lo authority granted to the Board by A.R.S. § 22-137 and A,R,S. § 22-138 and in accordance
with A.R.S. § 41-2101 0. NVii. The parties agree io fulfill the terms and conditions of this Grant Award Contract and
Lo abide by all etintraetual terms, statutes and regulations governing the expenditure of Board funds,
This Eirant Award Contract shall COILStiilke the entire agreement between the parties, superscd,ing any and all other
oral or written unikrstandi ngs,
The parliQ=s hercto agree lo carry out the l="rovisiondz of this Gr -aa Award Contract.
GRANTEE I BOARD
_
Sign mum al Authorized Ind kid aal Dale Signature of Authoriied Individual Dale
•
41
T.,!..ped Name ei. Title i B FLOW): ell 7'4; a nie & iine (REl.OWI:
ik r Cubb, Chairman
rinti."11-1 '.1 7
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Definitions
As used throughout this Grant Award Contract. including the General Provisions and the Scope of Work, the following
terms shall have the Meaning set forth mow :.
I. "Board" means the State of Arizona Constable Fthics, Standards & Training Board.
1. "Cliiiman" means the agency head or the Board or a person duly authorized by the Chairman to act on the
Chairman's behalf.
"Dstials' s means the rePorts., documentation, and other 'materials developed for submission to the Board by
the Grantee in the course of the Grantee' S performance under this Grant Award Contract,
4, "Grant AR.1,1i.Cation" means the application filed by the Grantee UpOn which this Grant Award Contract was
awarded..
5. “Or-Atil Award Contract" means this Grant Award Contract between the Roard and Grantee.
6_ "G,rant Award ContraqUaendment" means a written document, signed by an authorized repre,sentative of both
parries fer the purpose of making changes to the Grant Agreement.
7, "Grantee means the county, person, firms, or organization performing the work or delivering the items described
tn this Grant Award Contract.
S. "ftwsls" means atl books., accounts, reports, receipts, files and other records relating to this Grant Award
Contract.
9- Scope of means that part of this Grant Award Contract that describes the work to be performed by the
Grantee to accomplish the Project purpose under this Grant Award Contract. It Scope of Work conflicts with
the General Provisions, the terms of the Scope of Work Alai' govern_
10, The WC of the word —Agr means the action described is mandatory under this Grant Award Contract andior
applicable taw.
II. "State" means the State of Ari2ona, including the Board,
f;eneral Requirements
1. Govern ing_Imi and Dispute Rmlutiort This Grant Award Contract shall be governed by and constructed in
accordance with the laws of the State of Arizona. Disputes arising during the performance of this Grant Award
Contract will he resolved to the maximum extent possible through cooperation and coordination of the Grantee
and the Board. lithe parties are unable to resolve their differences by agreement, the parties agrec to resolve all
disputes arising out of or relating to this Grant Award Contract through arbitration, after exhausting applicable
adininitrativr review, to the extent required by A § 12-1518 except as may be required by other applicable
statutes. Any litigation regarding this Grant Award Contract must be maintained in Arizona courts, except as
pertaining to disputes which arc subject to arbitration_
2. Terms of this Gram Award contract The terms of the Request for Grant Applications that led to the grant award
incorporated in this Grant Award Contract are hereby irbeorporated into this Grant Award Contract by this
reference, except that to the extent there is any conflict between the terms of' the Request for Grant Applications
and this Grant Award Contract, the terms of this Grant Award Contract shalt prevail and shall govern the Nuns of
the parties' obligations to each other,
3. T..icelLses. Permits and Authorizationa Grantee shall obtain and maintain all licenses, permits and airthorizalionS
necessary to perform its obligations under this Grant Award Contract; and is responsible for compliance with all
applicable local, slate, and federal laws.
4. liviodilication and Ainhnent This Grant Award Contract may be modified only by a written Grant Award
Amendment signed by Chairman of the Roard or by another person authori7ed in writing by the Board to act on
behalf of the Board_
5.. Antitrust Claims Grantee assigns to the Board any claim ror overcharges resulting from antitrust violations to the
extent that such violations concern materials or services supplied by third parties to Grantee in exchange for grant
fonds provided under this Grant Awards Contract.
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ORIGINAL
6_ No Assignment No rights or inte:rest in this Grant Award Contract shall be assigned by Grantee without prior
written approval of the Hoard,
7. NO Political Activities Grantee Wes that no funds provided or personnel employed under this Grant Award
Contract shall be in any way engaged ill conduct of politieal activities in violation of 5 U.S.C_ § 1502,
8. Conflict or.. .interest Grantee certifies that it presently has no financial interest and shall not acquire arty financial
interest, direct or indirt, which would conflict in any manner with the performance of services required under
this Grant Award Contract_
9. 11_q_s_ntents, Evaluations and information or D ta Collection Grantee agrees io cooperate and participate with
any and all assessments, evaluatiorks or information or data collection requests.
10. Privacy_ Laws Grarttec assures that it will comply with all state and federal laws regarding privacy during the
course of this award.
11. InirtAgatica t Laws As required by A.R.S. § 41-4401, m:11 party hereby warrants its compliance with all federal
immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Each party further
warrants that after hiring an employee, it veri flea the employment eligibility of the employee hrough the e-verify
program. If tither party uses any subcontractors in performance of the agreement, SlubcorarTrielors shall warrant
their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23.
214(A). and subcontrat,..tors shall further warrant that after hiring an employce, such subcontractor verifies the
ernOcrnent eligibility of the employee through the e-verify program. A 'breach of this warranty shall be deemed
a material breach of this Grant Award Contract subject to penalties up to and including termination of this Grant
Award Contract. A party shall not be deemed in material breach [fit and its subcontractors establish compliance
with the employment verification provisions of Sections 274A and. 274B of the Federal Immigration and
NatiOnality Act and the ENcrify requirements contained in A.R.S. § 23-214(A). Each party retains the legal
right to inspect the papers of the other party and its subcontractors engaged in perForrnanec of this agreement to
ensure that the other party and its subcontractors arc complying with the warranty. Any inspection will he
conducted after reasonable notice and at reasonable times. If State law is amended, the partims may modify this
paragraph consistent with State law.
12. aff_ergitility 11 any provision of the Grant Award Contract is held invalid, the remainder of this Grant Award
Contract shall not be affected thereby and all other parts of this Grant Award Contract shall be in Full force and
effect_
13- Rdatiolgib of Parties The parties agree that the Grantee N.hal l not be considered an erriployee, associate, partner,
officer, joint venture, or agent of the Board or the State as a result of this Grant Award Contract. The Grantee is
solely responsible for the planning, design, scope, and implementation of the Scope of Work funded through this
Grant Award Contract. Neither the Board nor the State is responsible for any liabilities resulting from the
Grantee's planning, design, Scope of Wort, implementation or performance of the Scope of Work funded through
this Grant Award Contract.
14. No VVaivcr Either party's failure to insist on strict performance of any term or condition of this Grant Award
Contract shall not be deemed a waiver of thal term or condition even if the party accepting or aoquieseing in the
nonconfortning performance knows of the nature of the performance and fails to object to it.
15 gsgsgslugsiutdon Pursuant Io A.R.S. §4 35-214 and 35-215. Grantee shall retain and shall contractually require
each contractor and subcontractor to main all records relating to this Grant Award Contract for a period of five
years after completion of the Grant Award Contract and until any litigation, claim, negotiation, audit, COt
recover', or action involvipkg the recordz has been completed. All records shall be subject to inspection and audit
by the Board at reasonable times.. Upon request, the Grantee shall produce the original of any or all such rcourds
at the offices of the Board_
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Skizi. Work Notice In the event of unappffived changes in the Scope of Work, performance or changes outside the
scope of the Grant Award Contract, illegal or uripermirted activities, or other material discrepancies between the
Grant Award Contract and the Grantee's activities, the Board reserves the right to issue notice to the Grantee to
strip work. The notice will further specify that the Board will not approve resurnpvtion of performance or further
payments until the issue of iSSUCs identified in the Ntelp work nrrtke have been resolved to the satisfaction of the
Board,
17, Period The Board agrees to reimburse Grantee for work aeiiVillieS performed during the time this Grant Award
Contract is in effect. The Board is not required to reimburse Grantee for any work activities initiated prior to
execution of this errant Award Contract or after. this Grant Award Contract is no longer in effect, The Board may
extend the time this Glint Award Contract is in effect, if requested by the Grantee by executing a Grant Award
Contract Amendment_
l8. C.Qaractors. Suhconvetors and r,:agiseiltants Contractors, subcontractors or consultants may be used in the
performance of tasks described in the Scope of Work of this Grant Award Contract, The Grantee shall not enter
into any Contract or subcontract under this Grant Award Contract without .POnsidoration for impact on the project,
The Grantee shall report any contract Or subconind awards or changes as part of that calendar year's narrative
report. Any contractor, subcontractor or consultant participating in this Grant Award Contract shall comply with
the terms and conditions of this Grant Award Contract, as set forth in the general provisions and Scope of Work-
Shonid the Grantee utilize any contractors, subcontractors or consultants, Grantee agrees to supply all such
contractors and subcontractors with copies of this Grant Award Contract and the Request for Grant Application
that led to this Grant Award Contract, and to obtain the written agreement of each such contractor or
subcontractor to follow and he bound by all terms of this Grant Awan,,1 Contract.
Indemnification
L Notwithstanding any provision of this Grant Award Contract to the contrary, die BoaR1 is [tot authorized to
indemnify Grantee or its contractors and/or subcontractors,
2. Each party (as "hidemnitor) agrees to defend, indemnify, and hold harmless the other party (as 'Indeinnitee")
from and against any arid all claims, lossm, liability, costs, or expenses. including reasonable attorney's fccg
(hereinafter referred to as 'Claims -) arising out of the bodily injury of any person (inchiding death) or property
damage, but only to the extent that such Claims which remill vicariousiderivative liability to the lodemnitee are
caused by the act, omission, negligence, misconduct, or other fault of the Irbdcinninor, its officers, officials, agents,
employees or volunteers, the Grantee shall indemnify and hold harmless the Board and the State against any
Liability, including costs and expenses, for infringement of any patent, trademark or e.opyright arising out of Grant
Award Contract performance or use by the Board of materials furnished Or work performed under this Grant
Award Contract. In consideration of the award of this Grant Award Contract, the Grantee agrees to waive all
rights of subrogation against the Board and the State, their officers, officials, agents, and employees for losscs
arising from thc work performed by the Grantee and the f3oard, ”cwever, if the Grantee i$ a State azency,. board
commission, politicalivision of the SLIttoax.a universitykiflhe_State, this paragraph shs11 not apply_
3. Should the Grantee utilize contractor(s) and/or subcontractor(s), the indemnification clause between Grantee and
its contractor(s) and subcontractor(s) shall include the following;
Contractor shall indonnify, defend, save, arid hold harmless Grantee, the Arizona Constable Ethics,
Standards and Training Board, and the State of Arizona, and any jurisdiction or agency issuing any
permits fm any work arising out of this Agreement, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees (hereinafter referred to together AS "Inclemnitee")
from and against soy and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, lIkkOrncys' fees, and cost of claim processing, investigation, and litigation) (hereinafter referred Li) as
"Clainti-) for bodily injury or personal injury (including &ad), or loss or damage to tangible or
intangible properly eatrEcd, or alleged to be caused, in whole or in part, by the negligent or willful acts Of
ORIGINAL
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omissions of such contractor or any of its owners., otlicers., directors, agents, employees or subcontractors.
This indemnity includes any claim or amount arising out of or recovered und the Workers' Compensation
Law or arising QUI of the failure Or such contractor to conform to any federal, state. o r ioaa] law, stecutd,
ordinance rule, regulation, or court decree. IL is the specific intention of the parties that the Indemnitee
shalt, in all instances, except for Claims Arising solely from the negligen.t or willful acts or ong&SiOnS of
the Indernnitec, be indemnified by such contractor from and against any and all claims. It is agreed that
such contractor shall St, respons ible for primary loss investigation, defernic, and judgment costs wherc this
indemnification is applicable Addilionally, on all appticahle insurance policies, contractor and its
subcontractors shall name the State of Arizona and the Arizona Constable. Ethics,. Standards and Training
Board, and their &pa:intents, agencies. boards, exannaissions, universities, political subdivisions, officers,
officials, agents and employons as additional insureds., and also include a waiver of subrogation in favor
of the State.. the Arizona Constable Ethies„ Standards and Training Board, and the other foregoing Slate
entities and persons. Insurance requirements for any contractor or subcontractor used by Grantee are
incorporated herein by this reference and attached to this Grant Award Contract as Exhibit "A".
Termination of Grant Award Contract
1, Suspension or Debarment The Board may, by written notice to the Grantee, immediately terminate this Grant
Award Contract if the Board determines that the Gramm has been debarred, suspended, or othcrArise lawflilly
prohibited from participating in any public procurement activity, including but not Limited to, being disapproved
as a subcontractor of any public procurement unit or other governmental body. Execution of this Gram Award
Contract shall attest that the Grantee is not currently suspended or debarred. VI:he Grantee becomes suspended or
debarred. the Grantee shall immediately notify the Board-
2_ Termination for Convenimee The Board reserves the right to terminate this Grant Award Contract in whole or in
Part at any time, when in the best interests of the Board, without penalty or recourse. Upon receipt of written
notice of termination, the Grantee shall stop all work, as directed in the notice, notify all subcontractors of the
effective date of the termination and minimize all further costs to the Board. In the event of termination under this
Paragraph, all documents, data and reports prepared by the Grantee under this Grant Award Contract shall become
the property of and be delivered to the Board. The Grantee shall be entitled lo receive reimbursement for work
completed and materials accepted before notification of termination. 'Mc Board is under no obligation to ciontionn
reimbursement for any work activities undenaken after notification of termination,
3. Termination for Debt& The Board reserves the right to terminate this Grant Award Contract in whole or in part
due to the failure of the Grantee to comply with any term or condition of this Grant Award Contract or to acquire
and maintain all required insurance policies. bonds, licenses and permits. The Board shall provide written notice
of the termination and the reasons for it to the Grantee,
4. Non-Availability of Funds Every payment obligation or the Board under this Grant Award Contract is
conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If fiinds
are not allocated and available for the continuance of this Grant Award Contract, this Grant Award Contract may
be laminated by the Board at the end of the period for which funds are available, No liability shall accrue to the
Board in the event this provision is exercised, and the Board shall not he obligated or liable for any futire
payments or for any damages as a result of termination under this paragraph.
5. Continali21:1-of Work Activities After Tentainalion Termination of this Grant Award Contract dans not prohibit
the Grantee from independently continuing work on the project, but any such independent continuation is solely
the responsibility of the Grantee.
6. Cancellation for Conflict gr_thicrs41 Pursuant to A.R.S. 8-l1. the Board may cancel this Grant Award
Contract within 3 years after Grant Award Contract execution without penalty or further obligation if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Grant Award Contni.d. 013 beil2LIT
of 1.hc Board is or becomes at any time while the Grant Award Contract or an extension of the Grant Award
Contract is in effect an employee of or a consultant to any other party to this Grant Award Contract with respect
ORIGINAL
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to the suktect matter of the Grant Award Contract. The caricellation shall be effective when the Grantee receives
writiem notice of the cancellation unlfts the notice specifies a later time. If the Grantee is a political subdivision of
the State, it may also canoe! this Grant Award Contract as provided in A.R.S. § 38-511 I.
Near-DIscriminaiien
The Grantee shall comply with Executive Order 2009-09, which mandates that during the pertbrmance of this Grant
Award Contract the Grantee and its contractors and subcontractors will not discriminate against any employee or
applicant for employment because of race, age, color, religion, sex or national origin. The Grantee and its cant-rm.-tors and
subcontractors will take affirmative action to insure that applieants are employed and that employees are treated during
employment without regard to their race, age, color, religion, sax or national origin_ Such action shall include, but is not
limited to the following: cruftloyment, upgrading. demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms or compensation and selection for training, including apprenticeship_ The Grantee
and its contractors and sithcontractors shall post in conspicuous planes available to employees and applicants for
employment notices setting forth the provisions of this non-discrimination clau_se. Grantee agrees to ensure that the
provisions of this paragraph are included in all of its contracts with contractors and subcontractors relating to this Grant
Award Contract.
Payments
I thccii_gram Funds Grantee agrees that grant funds will be used in accordance with the terms of this Gran
Award Contract. Awarded grant fields shall be used solely for eligible purposes as approved by the Board. Line
item funding is considered estimates of- costs', however, the total project costs arc considered exact and shall not
lw exceeded by the Grantee unless this Grant Award Contract is amended in a Grant Award Contract
Amendment. Substandard performance by Grantee of its obligations under this Grant Award Contract as
determined by the Board will constitute noncompliance with this Grant Award Contract. Any deviation or failum
to comply with the purpose andior conditions of this Grant Award Contract by Grantee without prior writitn
approval of the Board may constitute sufficient reason for the Board to terminate this Grant Award Contract,
revoke the gam, require the return of all 1131SpalL funds, perform an audit of expended funds, and require the
return of any PreviottsLY spent funds that are determined by the Board to have been spent in violation of the
purpese or conditions of this Grant Award Contract,
2- Aetu-si cattLgeimbursernent and Advance All piiyments made under this Grant Award Contract shall be by
actual cost.
a. Payments under the Grant Award Contract shall be by actual cost and reimbursement. The Grantee is
eligible for reimbursement of actual expenses incurred that are necessary to complete tasks as specified in
the Scope of Work.
b. The Grantee may request advance payment of partial grant funds. The Grantee shall submit written
justification to the Board explaining the need ibr a funding advance and detailed documentation justifying
the amount of the advance requested. Funding advances will be subject to Board approval, if advanix
payment is made, the Grantee shall demonstrate that all advanced monies have been expended prior to
requesting reimbursement for other allowable expenses. Additionally., Grantee must reimburse the Board
any advances paid that were in excess of actual costs of implementing the grant project.
3, r:00,9,11 mf_21 mem Each payment is conditioned upon receipt and approval by the Board of the deliverabILO)
specified in the Scope of Work and shall be accompanied by reasonable assurance (documentation, receipts.,
invoices, etc.) that the goods and services for which payment is requested were actually received and pertbrtned.
The Board has the right to disallow contributions determined inappropriate or unreasonable_ The Board shall have
a minimum of thirty working days to approve the deliverable(s) and payment recticst forms_
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ORO'
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4. Default If the Board determines that the Grantee is in default in the performance of any obligation under this
(mint Award Contract, the Board may either adjust the amount of payment or withhold payment until satisfactory
resolution of the default.
5_ MS 1.1V-9 If Grantee is not a political subdivision of the State, in order to receive payment under any resulting.
Grant Award Contract, the Grantee shall have a curreril IRS-W9 Form on file with the Board.
ReccLQmszin.of Payments The Grantee shall reimburse the Board for all grant funds deterrninod by the r14113111 not
to have been spent in Eccordance with the Minns of this Grain Award Contract.
Ownership of I nfrirma lien
Title to all documents, reports and other rrtaterials prepared by the Grantee in performance of this Grant Award Contract
shall rest in the Board, except for copyrighted material prepared in advance of this Grant Award Cuntract by the Grantee
at the expense of the Grantee_ The Board shall have full and complete rights to reproduce, duplicate. disclose : publish,
advertise, perform and otherwise use all documents, reports and other materials prepared under this Grant Award
Contract, execf-4 tot 1:011Yrigilted material. The Grantee shall have full and complete rights to reproduce, auplicate,
disclose, publish, advertise, perform and otherwise use all documents, reports and other materials prepared under this
Grant Award Contract.
Notices
Whenever notice is required pursuant to this Grant Award Contract, such notice shall be in writing and shall be directed to
the persons and addresses specified for such purpose in the Scope of Work, or to such other persons and addresses as
either piny may designate to the other party in writing_ Unless otherwise set forth in this Grant Award Contract, notice
shall be delivered in person or by certified mail, return receipt requested, Notices, correspondences and payments on
hehal I of the Board to the Grantee shall be sent to:
• Grantee Name;
• Grantee Mailing A : )01 10, _:I_J, ,5.11.. cp. i-le._ ‘ie2 7"7
• Grantee City:
• Grantee Zip Code: _____IK_ _______
• Grantee Telephone Nurnbet7_442-Ef;24,2_41t.,
• Grantee FAX Number:
• Grantee E-Mail Address:
Notices, eorrespondmice, data, analyses, inquires, invoices, technical reports and other information, including all
Deliverables from the Grantee to the Board shall he sent to:
• Constable Ethics Standanic & Training Board
POBOX 13116
Phoenix, Arizona 85002
Telephone: 602-343-6280
Facsimile: 602-712-1252
E.rnai 1: cesthOsizcapitoloonsulting.corn
Deli veva Hes
1, Included with every reimbursement or payment request, the Grantee shall submit to the Board a budgo report and
brief narrative report. A paper copy of the budget and narrative reports shall he mailed trli the Board, The reports
shall include, but are not limited to, budget expenditum, in-kind expenditures, and a brief narrative of the
Project's progress, as applicable_ Grantee MUSE Obtain Board pre-approval before any funds are relocated within
the original/approved budget ia the grant application. The Grantee is responsible for responding to any inquirics
from the Board.
ID ORIGINAL Pag,e 8 of 9
I The Grantee shall identify the grant contract number in all reports submitted to the Board.
3 - On a (P-lartcrlY basis , PmiccE is comPteted and the Grant Award Contract is terminated, the Grantee shall
submit E0 the Board a budget report and narrative report. The reporm skid' include., but are ELM limited to, budget
exPenditures, exPmdirtures and a narrative detailing how grant funds were used to achieve project
objectives to date as outlined by the Grantee in the grant application. Reports must he sent to the I3oard by /12&
last day (Preach quarter followiniz the exlaution of the Grant Award Contract,
4. At the end of the project, a final budget and final rum-alive report must he submitted and approved by the Board_
The final narrative report Shall include at a minimum= a summary of the project goals and objectives, project
results or °too:vies (including any data or photos), aspects of the project that worked well and things that did not
work well, any Public involvement and coordination, how the project has advanced ih.e program 1,e,als., and how
the project has benefited he State. The Board wilt nol disburse final payment until the final report and all
requirements of the Grant Award Contract have been fulfilled. Alt remaining grant funds or (xi/standing, granl
funds mot be reconeifed.
5, The Grantee shall include the following language in all reports prepared for this Grant Award Contract. and in any
publication of reports or results generated with the financial support of the Board:
a. The Cerslable Ethics Standards & Training Board has funded all or a portion of this Project."
b. The views or findings presented are the Grantee's and do not necessarily represent these of the State, or
the Constable Ethics Standards & Training F3 riiIr
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ORIGINAL P •lgU 9 of 9
SCOPE OF WORK
ADDErqfp LI I'd A
The Scopo of Work for this project is hound 1 th prov km. of !he approved grani application which is incorporatcd into
this Agreement as Addendum A. All prroject tasks and cosEs must coincide with the approved grant appiinEion.
094117.2A