CNA17 404.PDF

Maricopa County — Formal (2017-02-01)

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ORIGINAL
CONSTABLE ETHICS,
STANDARDS & TRAINING BOARD
GRANT AWARD CONTRACT
GRANT NO. CNA17-404
Project Title: Ballistic Vest
Grant Award Amount: ¶17,400,155
This Agreement Shall Become Effective: Upon the date a folly-exocuted original is .,116.1.4. by the Constable
Ethics, Standards and Training Board C`Board"),
Termination Date: June 30, 2017. This agreement expircs on this date unless prior written approval for art
Vi tension has been obtained from the Board. The Board in its sole discretion may approve an extension to
further the goals arid objectives of this Grant Award Contract. and to determine the length of any extension..
TERMS OF AGREEMENT
.........
[his ifirant Award Contract is. entered into by Maricapa County CIURANTEEk and the BOARD, through its
Chairman pursuant to authority granted to the Hoard by &RS, §. 22-137 and A...R.S. § 22-138 and in accordance
with A.R.S. § 41-2701 et Mg, The parties agree to fulfill the terms and conditions of this ( irant Award Contract and
to abide by all contractual terms. statutes and rcgulat ions governing the expenditure of Board funds.
This Cirani Award Contract shall constitute the entire alg,recrncnt between the parties, superseding any and all other
drat or written understandings.
The parties hereto agree RI, carry out the P`rrivisions of this Grant Avian' Contract,
GRANTEE BOARD
_
:6;ilzitaiure of Auihnrieed Individual Bate 'Signature of A nth orlycd Individual Date
..
-1 i I- /(
Typed Name iSE Title (BELOW -.: Typed Name Si. Title (BELOW: ):
Constable Mike Cobb, Chairman

ORICIN1L
Page 2 of 9
Definitions
As used throughout this Grant Award Contract, including the General Provisions and the Scope of Work, the following
terms shall hare. the meaning set forth below:
1, -Floard' means the State of Arizona Constable Ethics, Siandards & Training Board,
2, "chairman" mans the agency head of the Board or a person duty authorized by the Chairman to act on the
Chairman's behalf.
3. "Deliverables" means the reports, documentstion, and other materials developod for submission to the Board by
the Grantee in the course of the Grantee' 5 performance wider this Grant Award Contract.
4. "Grani plton . eati " means the application filed by the Grantee upon which this Chant Award Contract was
awarded_
5- "Grant Award Coritract means this Grant Award Contraot between the Board and Grantee,
6_ Hat ' ant Award Contract Arnogitnere means a written decumeni, signed by an authorized representative of both
partie-s for the purpose of making changes to the Grant Agreement.
7. -...Qrrutoe" means the county, person, tirms, or organization performing the work or detivering the items described
in this Grant Award Contract.
8. "Rmliti" means all books, accounts, reports. receipts, files and other records relating to this Grant Award
Contract.
9. "Scla_pe of W9r.h." means that part of this Grant Award Contract that de.scribes 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
rim Gcncral Provisions, the terms of the Scope of Work hall govern.
10. The use of the word "shAr means the action cscribed is mandatory under this Grant Award Contract and/or
applicable
t 1. "$tate" means the State of Arizona, including the Board_
Generaf Requirements
I. rnis ming 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 perfotmanoe of this Grant Award
Contract will be resolved to the trtaximurn extent possible through cooperation and coordination of the Grantee
and the Board. lithe 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
administrative review, to the extent required by A.R.S. § I2-I51 8 except as may be requited by other applicable
statutes. Any litigation regarding this Grant Award Contract must be maintained in Arizona courts, except as
pertaining to disputes which are subject to arbitration.
2. Terms of thiLarasit Award Contrgg The terms of the Request for Grant Applications that led to 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 terms of the Reque6a for Grant Applications
and this Grant Award Contract the terms of this Grant Award Contract shall prevail and shall govern the terms of
the parties' obligations to each other.
LLeertses. Permits and Authorizations Grantee shall obtain and maintain all licenses, permits and authorizations
necessary to perform its obligations under this Grant Award Contract; and is responsible for compliance with all
applicable local, state, and 0:demi laws.
4. Wit-taboo and 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 wilting by the Board to act on
behalf of the Board.
5. Antitrust claims Grantee assigns to the Board any claim for 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
funds provided under this Grant Awards Comma.

Page 3 of 9
6. 11.i. p_knu si tent No rights or interest in this Grant Award Contract shall he assigned by Gra.ntee without prior
written approval of the Board.
7, No Political A rit,LaiL 'I Grantee agrees that no funds provided or personnel employed under this Grant Award
Contract shall he many way engaged in conduct of political activities in violation of 5 § 1502.
Con1ict of Grantee certifies that it presently has no fin.anciat interest and shalt not acquire any financial
intenm, direct or indirect, which would conflict in any manner with the performance of services required under
this Grant Award Contract_
Mons an Infort Collectjo Grantee agrees to cooperate and participate with
any and all assessments. evaluations or information or data collection requests,
10. Prjer Laws Grantee assures that ii will comply with all state and federal laws regaRting privacy during the
cot= of this award.
II. jatut _iiazatioramms As required by A.R.S. § 41-4401, each party hcreby warrants us compliance with all federal
immigration laws and regulations that relate to its employees arid 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. If either party uses any sulicontractors 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 an employee, such subcontractor verifies the
employment eligibility of the employee through the c-verify program_ A breach of this warranty shall he dermal
a material breach of this Grant Award Contract subject to penalties up to and including termination of this Grant
Award Contract A party shall nor be deemed in material breach if it and its subcontractors miataish compliance
with the eniployment verification provisions of Sections 2.74A and 274B of the Federal Immigration and
Nationality Act and the E-Verify requirements contained in A,R.S. § 23-214(A). Each party retains the legal
right to inspect the papers of the other patty and its subcontractors engaged in performance of this agreement to
ensure that the other party and its subcontractors are complying with the warTancy. Any inspection will be
conducted after reasonable notice and at reasonable times, If State law is amended, the parties may modify this
paragraph consistent with State law,
12 r_Btr-ability If any provision of the Grant Award Contract Ls. held invalid. the remainder of this Grant Award
Contract shalt not he affected thereby and all other parts of this (Irani Award Contract shall be in full force and
effect_
13. Relationship .Alartie‘s 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, desigru scope, and implementation of the Scope or 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 Worik, implementation or performance of the Scope of Work funded through
this Grant Award Contract_
14_ DLQ_Wib_ irer Either party's failure to intist on strict performance of any tam or condition of this Grant Award
Contract shall not be deemed a waiver of that term or condition even if the party accepting Or acquiescing in the
nonconforming performance knows of the nature of the performance and fails to object to it.
15, Emortis Retention Pursuant to A.R.S, §§ 35-214 and 35-2 l 5, 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 Contract and until any litigation, claim, negotiation, audit, cost
reenv&-y, or ad ion involving the ro.cards has. been ownpicted. All feCur LIN shall be subleCt to inspection and audit
by the Board at reasonable times. Upon request, the Grantee shall produce the original of any or all such records
at the officals of the Board.

ORIGINAL Page 4 of 9
16_ Stop Work Notice In the event of unapproved changes in the Scope of Work, performance or changcs outside the
scope of the Grant Award Contract, illegal or unpermitted activities, Or other material discrqmricies between the
Grant Award Contract and the Grantee's activities, the Board reserves the right to issue notice to the Grantee to
stop work_ The notice win further specify that the Board will not approve FCSIIAMptiOrt of performance or further
payments until the i551.1C or is:sues identified in the stop work notice have been resolved to the satisfaction of the
Board.
17. Period The Board agrees to reimburse Grantee for work activities performed during the time this Grant Award
Contract is in acct. The Board is not required to reimburse Grantee for any work activities initiated prior to
execution of this Grant Award Contract or after this Grant Award Contract is no longer in effect_ The Board may
extend the time this Grant Award Contract is in effect, if requested by the Grantee by executing a Grant Award
Contract Amendment.
I& Contractor& Subcontraeors and CoNuitants Contractors, subcontmclors or consultants may he 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 considcration for impact on the project.
The Grantee shall report any contract or subcontract awards or changes as pan 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.
Should the Grantee utilize any contractors, subcontractors or consultants, Grantee agrees to supply all such
contractors and Rubcontractota with copies of this Grant Award Contract and the ficquesil for Grant Appliaition
that led to this Grant Award Contract, and to obtain the written agreement of each such contractor or
subcontractor to follow and be hound by all terms of this Grant Award Contract
Indemnification
I Notwithstanding any provision of this Grant Award Contract to the contrary, the Board is not authorized to
indemnify Grantee or its contractors andfor subcontractors_
Cub Party (as "Indemnitor) agrees to defend, indemnify, and hold harmless the other party (as Inderrinitee")
from and against any and all claims, losses„ liability, Oasis, Of expenses, including rea.sonahlc artorney's fees
thereinafter referred to as "Claims —) arising out of the bodily injury of any person (including, death) or prupurty
damage, but only to the extent that such Claims which result in vicariousiderivative liability to thc Indettmitee arc
caused by the act, omission, negligence, misconduct, or other faull of the Indernnitor, 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 copyright 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 agreft to waive all
rights of saihm.Ptiorl against the Board and the State, their officers, officials, agents, and employees for losses
arising from the work performed by the Grantee and the Board. However, if the Grantee is a State agency 1:l_d. oa
CaPrnmission, politjJsubdivision of the State, or a university of the State thi s paragraph shau_ not apoy.
3. Should the Grantee utilize contractor(s) and/or subeontractor(s), the indemnification clause bei wen Grantee and
its contractor(s) and subcontractor(s) shalt include the following:
Contractor shall indemnify, defend, save, and hold harmless Grantee, the Arizona Constable Ethics,
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., agenci es, hoards, commissions.
universities, officers, officials, agents, and employees (hereinafter referred to together as "Ind.etwitee")
from and against any and all claims, actions, liabilities, damages, losses, or expensm (including court
costs, attorneys' fees, and cost f claim processinE!, investigation, and Migration) (haminaftcr referred to as
"Chime) for bodily injury or personal injury (including death). or loss or damage to tangible or
intangible Prnperty caused, or alleged to he caused, in whole Of in part, by the ncg.ligeni OT Wain!l acts or

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omissions of such contractor or any of its owners, officers, directors, agents, employees or :subcontractors.
This inderrmity includes any claim or amount arising out of or recovered und the Workers' Compensation
Law or arising oui of the failure of such contractor to conform to any federal, state, or local law, statute,
ordinance rule, re,Pulation, or court decree. It is thc specific intention of the parties that the Inderrmitee
shall, in all instances, except far Claims arising solely from the negligent or willful acts or omissions of
the Indemnitee, be indemnified by such contractor from and agabut anyan- .4 a- II r agreed that
such contractor shall be responsible for primary loss irruestigation„ 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 the Arizona Constable Ethics, Standards and Training
Board, and their departments, agencies, beards, commissions, universities, political subdivisions, officers,
officials, agents and ernoloyets as additional insureds, and also include a waiver of subrogation ill fat,..o r
of the Slate, the Arizona Constable Ethics, Standards and Training Board, and the other foregoing State
entities and persons. Insurance requirements for arty contractor or subcontractor used by Grantee are
incorporated herein by this reference and attached to this Grant Award Contract as I-Exhibit "'A".
Termlostion of Grant Award Contract
r_aeat Deb nn The Board may, by written notice to the Grantee, immediately terminate 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 subcontractor of any public procurement unit or other governmental body,. Execution of this Grant Award
Contract shall attest that the Cirantee is not currently suspended or debarred. If the Grantee becomes susperbded or
deban-al, the Grantee shall immediately notify the Board.
2. Terminationfor Convenience 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 terrnination., the Grantee shall stop all work, as directed ill 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 (irantee under this Grant Award Contract shall become
the property of and be delivered to the Board. The Grantee shall be entitled to receive reimbursement for work
cornpleted and materials accepted before notific,ation of termination. The tioard is under no obligation to continue
rcirnbunernent for any work ad Wities undertaken after notification of termination.
3. Termination for Default The Road reserves the right to terminate this Grant Award Contract in whole or in part
due to the failure of the arantee to comply with any tarn or condition of this Grant Award Contract or to acquire
arid 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. .43,-Availability_of Funds Every payment obligation of the Board tinder this Grant Award Contract is
conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds
are net allocated and available for the continuarbcc of this Grant Award Contract, this Grant Award Contract may
be terminated 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 be obligated or liable for any future
payments or for any damages as a result of termination under this paragraph.
5. Contirvtion of WorLketivities Aller Termination Termination of this Grant Award Contract does not prohibit
the Grantee from independently continuing work on the project,. but any such independent continuation is solely
the responsibility or the Grantee.
6. Cancellation for Conflict pf Interest Pursuant to A.K.S. § 3S-51 I, the Board may cancel this Grant Award
Contract within 3 years after Grata Award Contract execution wtthont penalty or further obligation if any person
significantly involved in initiating, negotiating, securing, drafting cremating the Grant Award Contract on behalf
of the Board is or becomes at any tirne while the Grant Award Contract or an extension of the Grant Award
Contract ia in offo°1 an egt'PloYee of Or i conaullani to any other Party to this Grant Award Contract with respect

2.1
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to the subject matter of the Grant Award Contract. The cancellation shall be effective when the Grantee receives
written notice of the cancellation unless the notice specifics a later time. If the Grantee is a political subdivision of
the State, it may also cancel this Grant Award Contract as provided in A.R.S. § 38-51 L
Non-Discrimination
The Grantee shall comply with Executive Order 2009-09, which mandates that during the performance of this Grant
Award Contract, the Grantee and its contractors and subcontractors will riot discriminate against any employee or
subcontractors applicant for employment will take bccause of race, age, color, religion, sex or national origin. The Grantee and its contractors and
employment without regard affirmative to their race, action age, to insure that applie;ints are erriployed and that employees are treated during
limiled to the following: employment, upgrading, color, demotion religion, sex or national origin. Such action shAll include, but ia not
termination, rates of pay or other forms of compensation and selection or transfer, for refaUiiiTICIIE training, including or recruitment advertising. Layoff Or
and its contractors and subcontractors shall post in conspicuous piaci= available to ernptoyees apprenticeship. and The Grantee
employment notices setting forth the. provisions of this 110114iSeritninatiOrl Ciause. Grantee agrees to CILS1Ure a.pplicanis that for the
provisions of this paragraph are included in all of its contracts with contractors and subcontractors relating to this Grant
Award Contract.
Payments
L Use of Grant t j.inds Grantee agrees that grant funds will be used in accordance with the terms of this Grant
Award item COrlaraCt. Awarded grant funds shall be used solely for eligible prtupo.ses as approved by the Board_ Line
he exceeded funding is by considered the estimates of eases; however, the total project eosils are considered exact and Shail not
Amendment. Grantee unless this Grant Award Contract is amended in a Grant Award Contract
determined by Substarglani the Board will performance constitute by Grantee of its obligations under this Grant Award Contract as
to comply with the purpose and/or mnditions noncompliance of this Grant with this Grant Award Contract. Any deviation of failure
approval of the Board may constitute sufficient reason for the Award Board Contract to terminate by Granter this Grant without prior written
revoke the grant, require the return of all unspent funds, perform an audit of expended funds, Award and require Contract, 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 glig,lkinjbtirsement ,and Advance Al] payments made under this Grant Award Contract shall be by
actual cosi,
a. Payments under the Grant Award Contract shall be by actual COSI and reimbursement_ The Grantee is
eligible for reimbursement of actual expenses incurred that are neocssary to complete tasks as specified in
the Scope of Work.
I. The Grantee may request advance payment of partial grant funds. The Grantee shalt s-uhma written
Justi r=tion 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, If 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 excess of actual costs of implementing the grant project,
3. Conditions g Each payrnent is conditioned upon receipt and approval by the Beard of the deliverable(s)
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 performed.
The Board has the right to disallow contributions determined inappropriate or unreasonable. The Board shall have
a minimum of thirty (30) working days to approve the deliverable(s) and payment request forms.

D
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.

ODIGINAL
Page 8 of 9
I The Grantee shall identify the grant contract number in all reports submitted to the Board.
3. On a quarterly basis, wail the project is convleted and the Grant Award Contract is terminated, the Grantee shall
submit to thc Board a budget report and narrative report. The reports shall include, but are not limited to, budget
expenditures., in-kind expenditure; and a narrative detailing how grant funds were used to whew project
objectives to date as outlined by the Grantee in the grant application. Reports,must be witit_L_ othe oarc _l_kulag
lasi day of c Quanr lkwin execution of the ckant Awant Contract,
4. At the end of the project, a final budget and final narrative report mwo be submitted and approved by the Board.
The final narrative report shall include al a minimum: a summary of the project goals ittld Objeclives, project
results or outcomes (including any data or photos). aspects of the project that worked well and things that did not
work wetl, any public involvement and CoordinflthM, how thc prOjera has advanced the program goals, and bow
the project has benefited thc State. Thc Board will not disburse final payment until th4 final report and all
requirements of the Grant Award Contract have been fulfilled. All retnaining grant funds or outstanding grant
funds must be reconciled.
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 Constable Ethics Standards & Training Board has Funded all or a portion of this PrOjeCim
b. "The views or findings presented are the Grantees and do not necessarily re/present those of the State, or
the Constable Ethics Standards & Training 13oard."

ORIGINAL Pirge Cl of
SCOPE OF WORK
A p;_th DEP iD A
The Scope of Work for this project is bound to the provisions of the approved grant application which is incorporicd into
this airearient as Addendum A_ All project tasks and costs must coincide with thc approved grant application.
48941772•