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CONSTABLE ETHICS,
STANDARDS & TRAINING BOARD
GRANT AWARD CONTRACT
GRANT NO. CNA17-402
Project Title: Respons.e Jackets
Grin t Award Ainatintl . L04.ó
This Agreement Shall Become Effective: Upon thi . date a fully-c.x.ccutcd original is received by ihe Constable
Ethics, Stamlards and Training Board.
Termination Date: June 30, 2017. This agrocmcnt cx.pires on this dale unless Prior writtrn approval for an
exrension h bem obtained from the Board, The Board in its RA: discretion may approve an extension to
further the goals nod objectives of this Grant Avvard Coutraci, and to determine the length of filly oxterision__
TERMS OF AGREEMENT
..—....
This Grant Award Cornraet is. entered into lay Maricopa Couroy (GRANTEE). and ihc BOARD, through its
Chairman purstiunt to authority grantud to the Eli:lard by A.X.S. • 22-1.37 and A..R.S. § 22-13K and in aoridance
wuh A.K.S. .N. 4i -27011 e? peg_ Thg parties agree to Cuhritt the. terms kind conditions of this Csra.nt Awitrcl Cookrac.t and
to sibici Ely 3I1 comb-actual turns., suilack orsii regalmions governing 1114 expend il me 4)f guard fonds.
This Grunt Award Comma 513all coniitime 111e entire agreDment betwecn ih.e. panics., .stircrseding any and all other
oral or wrilien unders.tan1ing9.
Tlic parries bereio agrce to carry out the Provisions ofthis Cram Award Contraci_
cHANTEE BOARD
Sign a to re of Authorized. I od kin U al Dale Sign gar(' of Authorized i nd ivid ti al Dale
4 iz
_ Ii. _ _—....mmemar I /
Typed Ns the & Ilitlt. (131-. I .()W): '1 ped Name & 'nfie (BELovirp;
Constable MI k.c f:uhl), ChAirmn
D ORIGINAL Pa gu 2 •.•
Def
As used throughout this Grant Award Contract, including the General Provisions and the Scope of Work, the lbI]ow iru
tams shall have the meaning set forth below:
1. 'Board" means the State of Arizona Constable Ethics, Standards ifit. "training Board.
2. 4.Kaajarnan" means the agency head of the Board or a person duly authorized by the Chairman to act on the
Chairman's behalf,
3- -1.10tiverabks" 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. "rrnnlAppjigre means the application filed by the Grantee upon which this Grant Award Contract was
awarded.
5, -c.rritht Award Contaff' means this Grant Award Contract between the. Boanl and Grantee.
6. Grit Award Contract Amendment - means a written document, signed by an authorized representative of both
parties for the purpose of making changes to the Gram Agreement.
7. ``IfIraja!" means the county, person, firms, or organization performing the work or delivering the items deso-ibed
in this Grant Award Contract.
8. 'Rccordr means all books, accounts, reports, receipts, files and other records relating to this Grant Award
Contract,
9. "Scope Ot Work" means that pan 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 If the Scope of Work conflicts with
the General Provisions, the terms of the Scope of Work shall govern.
10. The use of thc word "Fhpl" means the action described is mandatory under this Grant Award Contract and/or
applicable law.
1 L "State" means the State of Arizona, including the Board.
General Requirements
I. Governing Law and Dispute Resolution 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 MaXIMUTI1 extent possible through cooperation and coordination of the aratglzIt
and the Board. If the parties arc unable to resolve their differences by agreement, the parties agree to resolve all
disputes arising out of or relating to this Grant Award Contract through arbitration, after exhausting applicable
adMinistrativc review, to the extent required by A.R.S. § 124518 except as may be required by other applicable
Riatuaes. Any litigation regarding this Grant Award Contract must be maintained in Arizona courts, except es
pertaining Co disputes which are subject to arbitration.
2. Isms of this Grant Award Contryj The terms of the Request for Grant Applications that led Co the grant award
incorporated in this Grant Award Contract are hereby incorporated into this Grant Award Contract by this
reference, except that to the extent there is any conflict between the burns of the Request for Grant Application
and this Grant Award Contrac;, the terms of this Grant Award Contract shall prevail and shall govern the terms of
the parties' obligations to each other.
3.I iceinses, Permits and Authorizations Grantee shall obtain and maintain all liccnses, permits and authorizations
necessary to perform its obligations under this Grant Award Contract and is responsible for compliance with all
applicable local, slate, and federal laws,
4. Tvlodiaalionini Amendment This Grant Award Contract may be modified only by a written Grant Award
Amendment signed by Chairman of the Board or by another person authorized in writing by the Board to act on
behalf of the Board,
5, AiktiLTILS1c_kiUD Grantee assigns to the Board any claim for overcharges resulting from antifrugt violations to the
extent that such violations concern materials or serviom supplied by third parties to Grantee in exchange for grant
funds provided under this Grant Awards Contract.
ORIGINAL
Page 3 of 9
15. No idigtrart No rights or interest in this Grant Award Contract shall be ass*ed by Gr' ant= without prior
written approval of the Board.
7, Ni Political Actiyities Grantee agrees that 310 funds provided or personnel employed under this Grant Award
Contract shall be in any way engaged in conduct of political activities in violation of 5 U.S.C. * 1502.
8- cOlpic't of Interest Grant= certifies that it presently has no financial interest and shall not acquire any financial
inlettst, direct or indirect, which would conflict in any manner with the performance of services required under
this Grant Award Contract.,
9, Asaeskinents, Evaluationund Information nr Data Collectiou Grantee agrees to coopuatc and participate with
any and all aS*1:.S.5nicnts, cvainations or information or data collection requests.
10_ Privacy Law1 Grantee assures that it will comply with all gate and federal laws regarding privacy during the
course of this award_
I , Ionigration Laws As required by A.R.S. §41-4401., each party hereby warrants its co.mpliance 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 verifies the employment eligibility of the employee through the e-verify
program_ ff either party uses any subeenttraciors in performance of the agreement, subcontractors shall warrant
their compliance with all federal immigration laws and regulations that relate to its employees and A,R,S. § 23-
214(A). and subcontractors shall further warrant that after hiring all employee, such subcontractor verifies the
employment 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 if it and its subcontractors establish compliance
with the employment verification provisions of Sections 274A and 2743 of the Federal Immigration and
Nationality Act and the E-Verify requirements contained in A.11,S, 23-214(A). Each party retains the legal
right to inspect the papers of the other party and its subcontractors engaged in perfonnanee of this agreement to
ensure that the other party and its subcontractors arc complying with the warranty, Any inspection will be
conducted after reasonable notice and at reaRonable times. If State law is amended, the parties may modify this
paragraph consistent with State law_
Sevcrability If any provision of the Grant Award Contract is held invalid, the remainder ce this Grant Award
Contract shall not be affected thereby and all oiher parts of this Grant Award Contract shall be in fi.111 force and
effect.
13. Relationship of Partiq The parties agree that the Grantee shall not be considered an employee, 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. Hoard nor the State is responsible for any liabilities resulting from the
Grantee's planning, design, Scope of Work, implementation or performance of the Scope of Work funded through
this Grant Award Contract,
14, No Waiver Either party's failure to insist on strict performance of any tam or condition of this Grant Award
Contract shall not he deemed a waiver of that term or condition even lithe party accepting or acquiescing in the
nonconforming performance knows of the nature of the performance and fails to object to it,
15. 13sfution Pursuant to A-R.5, 4§ 35-214 and 35-215. Grantee shall retain and shall contractually require
each contractor and subcontractor to retain all records relating to this Grant Award Contract for a period of five
years after completion of the Grant Award C.'inntract and until any litigation, claim, negotiation, audit, cost
recovery, or action involving the records has been completed. All records shall be subject to inspection arK1 audit
by the Board at reasonable times. Upon request, the <irantee Shall produce the original of any or all such records
at the ofitoes of the Board,
Page 4 019
16. Stop Work Notice In the event of unapproved changes in the Scope of Work, performance or changes outside the
scope of the Grant Award Contract. illegal or unperrnitted activities, or other material disercpa.neies between the
Grant Award CArntraci and the Grantee's 2.eallitios, the Board reserve; the right to issue notice to the Grantee lo
stop work. The notice will further specify that the Board will not approve resumption of performance or further
payments until the issue or issues identified in the stop work notice have been resolved to the satisfaction of the
Board
17. Eiztig_d The Board agrees to reimburse Grantee for work activities 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 Ci'rant Award Contract or after this Grant Award Contract is no longer in effect. The Hoard may
extend the time this Grant Award Contract is in effect, if requested by the Grantee by executing a Grant Award
Cont rac t Amendment.
1.8. Contractors. 11.1.beDntraeterrs and Censultant5 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 riot enter
into any contract or subcontract under this Gram Award Contract without consideration for impact on the project.
"Ile Grantee shall report any contract or subcontract awards or changes as pad of that calendar year's narrative
report. Any contractor, subconirsetor or oonsultara participating in this Grant Award Contract shall comply with
the terms and conditions of this Grant Award Contract, as set forth in the general prowisiorks and Scope of Work,
Should the Grant= utilize any contractors, subcontractors or consultants. Grantee agrees to supply all such
contractors and subcontraL.-tors with copi es of this Grant Award Contrac1 and the Request for Grant Application
that led to this Grant Award Contract,. and to obtain the written agreement of each s.uch contractor or
subcontractor to follow and be bound by all terms of this Grant Award Contract.
Indic mni cati on
1- Notwithstanding any provision of this (Want Award Contract to the contrary, the Board is not authorized to
indemnify Grantee or its contractors and/or subcontractors.
2. Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as -Indernnitee")
from and against any and all claims, losses, liability, costs, Or expenses, including reasonable attorney's fees
(hereinafter referred to as "Claims") arising out of the bodily injury of any person (including death) or property
darnalP. but 0.314' to ale extent that such aaiMS which result in vicariousiderivative liability to the Indertuthee arc
caused by the act., omission, negligence, misconduct, or other fault of the Inderrinitor, its officers, olTicials, 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 copyright arising out of Grant
Award Contract performanee 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 Stale, their officers, officials, agents, and employees for losscfi
arising from the work performed by the °rant= and the I3oard. However, if the Granteciuk State agency, boani,
21131.1:0iSSiPn, Political subdivision of ihe State. or a uni.Ty of the SLate , this apkshdlipot tiv-
3, Should the Grantee utihzc contractor(s) and/or subcootraetor(s), the indemnification clause between Grantee and
its contractor(s) and subcontractor(s) shall include the following,
Contractor shall indemnify, defend, save, and hold harmless Grantee, the Arizona Constable thim,
Standards and Training Board, 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, hoards, commissions,
universities., officers, officials, agents, and employees (hereinafter referred w, together as indernitheel
from and against any and all claims, actions, liabilitie-s, damages, losses, OF expenses (including court
COOS, attorney? fees, and cost of Ciaitn processing, investigation, and litigation) (hereinafter rcfurrud t o as
i'Claims") for bodily injury or personal injury (including death), or kiss 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
OP UNA!,
Page 5 of 9
omissions of a. uch contractor or any of its owners, officers, directors agents, employees or subcontractors.
This inde:mnity includes any claim or amount arising out of or recovered und the Workers' compensation
Law or arising out of the fai hire of such contractor to confonrn to any federal, gam, or local law, statute,
ordinance rule, regulation, or court decree, It is the spetille intention of the parties that the lodcrranitee
shall, in all insta1-1m, except for Claims arising solely from the negligent or willful acts or omissions of
the Indcmnitee, he indemnified by such contractor from and against any and all claims. It is agi -md that
such contractor shalt be resiwinsible for primary loss investigation, defense, and judgment costs where this
itbdernnific,ation is applicable. Additionally. OR all applicable insurance policies, contractor and its
subcontractors shall name the Site of Arizona arid the Arizona Constable Ethics, Standards and Training
Bowl. ahd their departments, agencies. boards.. COMIttiNsions, universities, political subdivisions, officers,
officiak, agents and employees as additional insureds, and also include a waiver of subrogation in favor
of the State, the AriAlna Constable Ethics, Standards and Training -loart-1., and the other foregoing State
'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".
Ternsination of Grant Award Contract
1. Su.snien.sion or Debarment The Board may, by written notice to the Grantee, immediately terntinate this Grant
Award Contract if the Board determines that the Grantee has been debarred, suspended, or otherwise lawfully
prohibited from participating in any public procurement activity, including but not limited to being disapproved
as a subcontra.ctor of any public procurement unit or other governmental body. Execution of this Grant Award
Contract shall attest that the Grantee is riot currently suspended or debarred_ if the Grantee becomes suspended or
debarred, the Grantee shall immediately notify the Board,
2. Termination for Convenience The Board reseries the right to terminate this Cinmt 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 bc cietivered to the Board. The Grantee shall be entitled to receive reimbursement for work
completed and materials accepted before notification of termination. The Board is under no obligation to continue
reimbursement for any work activities undertaken after notification of termination.
3_ • erminatiori for Default 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
end maintain all required insurance policies, bonds., licenses and permits. The Board shad provide written notice
of thc ierrninat ion and the reasons for it to the Grantee.
4. Non-Availability of Funds Every payment obligation of the Board under this Grant Award Contract is
conditioned upon the availability of funds appropriated or al [(waled for the payment of such obligation. ir rurbds
are not alit-tutted and available for the continuance of this Grant Award Contract, this Grant Award Contract may
he terrninatevl by the Board at the crid of the period for which funds are available. No liability shall accrue to the
Board in the event this provision is akereised., and the Board shall not he obligated or liable for any future
payments or for any damages as a result of termination under this paragraph.
5. Continuation of Work Activities After Termination Termination of this Crrant Award Contract does 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 of IhritCfOt Pursuant to A.R.S. § 38-511, 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, scuuring, drafling or creating the Grant Award Contract on behalf
of the 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 Of a consultant to any other party to this Grant Award Contract with respect
3
L ORIGINAL
Page 6 of 9
to the subject matter of the Grant Award Contract The cancellation shall be effective when the Grantee receives
written notice of the cancellation urdess the notice specifies a later time. If the Grantee is a political subdivision of
the State, it may also cancel this Grant Award Contract a provided in A.R.S. 38-51 I.
Non-Discrimination
The Gnntee shall comply with Executive Order 2009-09, which mandates that during the performance of this Grant
Award Contract, the Grantee arid its con.tracitors and Aubcontracion will not discriminate against my employer or
applicant for employment because of race, age, color, religion, sex or national origin. The Grantee and its onntramors and
subcontractors wiLt take affirmative action to insure that applicants are employed and that employees are treated during
employment without regard to their race, age, color. religion sex or national origin. Such action shall include, but is not
limited to the [(Mowing; employment upgrading, demotion or transfer, recruitment or recruit -nen' advertising, layoff or
termination, rates of pay Of other forms of compensat ion and selectiori for training, including apprenticeship. The crantee
and its contractors and subcontractors shall post in conspicuous places available to employees and applicants for
employment notieft setting forth the provisions of this non-discrimination clause. Grantee agrees to ensure that the
provisions of this para.grapit a.ne included in all of its contracts with contractors and subeentractors relating to this Grant
Award Centred.
Payments
1, Use of Grant Funds Grantee agrees that gyanl funds will be used in accordance with the terms of this Grant
Award Contract_ Awarded grant funds shall be used solely for eligible purpcc as approved by the Board. Line
item funding is considered estimates of costs; however, the total project costs are considered exact and shall not
be exceeded by the Grantee urnlivis 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 DT failure
to comply with the purpose and/or conditions of this Grant Award Contract by Grantee without prior written
approval of the Bard may constitute sufficient reason for the Board to terminate this Grant Award Contract,
revoke the grant, require the return of al/ unspent funds, perform an audit of expended funds, and require the
return of any previously spent funds that are determined by the Board to have been spent in violation of the
purpose or conditions of this Grant Award Contract.
2, Actual Cost, Reimbursement and Advance All payments 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 paymenl of partial grant funchi. The Gra.ntee shall submit written
justification to the Board explaining the need for a funding advance and detailed documentation justifying
the amount of the advance requested. Funding advances will be subject to Board approval. 11 advance
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 eXcC5S of actual costs of implementing the grant project
3. Conditions of Payment Each payment is crinditioned upon receipt and approval by the Board of the deliverable(s)
specified in the Scope of Work and shall be accompanied by reasonable assurance (documentation, receipts,
invoicet, etc..) that the goods and services for which payment is requested were actually received and performed.
The Board has the right to disallow contributions determined inappropriate or unreasonable, The Board shall have
a minimum Of thirty OW working days to approve the cleliverablcls) and payment request fomm.
D
ORO'
Page 7 of 9
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.
rj
ORIGINAL
Page 8 o19
2. Tie Grantee shall iderailY the grant contract number in all reports submitted to the Board_
3. On a quarterly basis„ until the project is completed and the Grant Award Contract is terminated, the Grantee shall
submit to the Board a budget repon and narrative report. The reports shall include, but are not limited to, budget
expenditures, in-kind expenditures and a narrative detailing how grant funds were used to achieve project
objectives to date as outlined by the Grantee in the grant application. &ports must bc_seqt to the Hcard by the
bailay of each waner followag, the execution of the Grikra Award Contract.
4., At the end of the project, a final budget and final narrative report must be submitted and approved by the Board,
The final narrative report shall include at a minimum: a gurnmary of the project goals snd objectives, project
reb-uks or outcomes (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 the prop-ani goals, and how
the project has benefited the State. The Board will not disburse final payment until the final report and all
requirements of the Grant Award Contract have been fulfilled. All remaining grant funds or outstanding grant
funds must be reconciled_
5. The Grantee &ha]] 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 Nippon of the Board:
a. "The Constable Ethics Staildards & Training Board has runded all or a portion of this Project,"
b. The views or findings presented are the Grantee's and do not nemcsarily represent those of the State, or
the Constable Ethics Standards & Training Board.-
ORIGINAL
l'agc 9 of 9
SCOPE OF WORK
ADDENDUM A
The Scope or Work for this project is bound to the provisions of the approved grant appv icmion which is i licarpc,raed i nto
this agreement as Addendum A., All project itaAks and posts must coincide with the approved grant application.
4894177_2A