15RE DPS VOCA RESTITUTION AGREEMENT.PDF

DPS Grant Agreement No. 2013-246
ARIZONA DEPARTMENT OF PUBLIC SAFETY
VICTIMS OF CRIME ACT (VOCA)
VICTIM ASSISTANCE GRANT PROGRAM
FEDERAL GRANT #2013-VA-GX-0019
CFDA #16-575
SUB GRANT AWARD AGREEMENT
SUBRECIPIENT
AGENCY: Maricopa County Aftorney's Office
ADDRESS: 301 W. Jefferson, Suite 800
CITY: • Phoenix STATE: AZ ZIP: 85003-2163
2014/2015 AWARD AMOUNT: $78,125
2014/2015 REQUIRED MATCH (NON-FEDERAL SOURCE): $19,531
PROJECT PERIOD: 07/01/2014 to 09/30/2015
PROJECT PURPOSE: To provide assistance to victims of crime.
This agreement is made under the authority of the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter
XIV, 42 USC 10601, et seq as amended.
The purpose of this agreement shall be to award Victims of Crime Act (VOCA) Assistance funds to the subrecipient to
provide services to victims of crime as authorized by the Victims of Crime Act. Awards may be supplemented by other
federal, state, local, and private funds. Subrecipient's agreement or amended agreement(s) is incorporated by reference
into this Subgrant Award Agreement.
This award is subject to agreement by the subreciplent, including any DPS VOCA funded positions and their immediate
supervisors, to conform to the provisions of the Victims of Crime Act of 1984; the DPS VOCA victim assistance grant
program guidelines; the subrecipient's application; the attached general conditions and applicable special conditions; the
most recent version of the Office of Justice Programs Financial Guide; OMB circulars A-21, A-87, A-102, A-I10, A-122,
A-133; Executive Order 12372; and 28 CFR pts. 66 and 70, all of which are incorporated by reference as if fully stated
herein.
Subrecipients, and all their contractors, will comply with all lawful requirements imposed by the awarding agency,
specifically including any applicable regulations, such as 28 CFR pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award
term in 2 CFR § 175.15 (b); section 106 of the National Historic Preservation Act of 1966 (16 USC § 470); Executive
Order 11593; the Archaeological and Historical Preservation Act of 1974 (16 USC § 469 a-1 et seq.); the National
Environmental Policy Act of 1969 (42 USC § 4321); and any applicable statutorily-imposed nondiscrimination
requirements, which may include Title VI of the Civil Rights Act of 1964 (42 USC § 2000d and 28 CFR § 42.101 et seq);
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 and 28 CFR § 42.501 et seq); the Age Discrimination Act of
1975 (42 USC § 6102 and 28 CFR § 42.700 et seq); Title IX of the Education Amendments of 1972 (20 USC § 1681 and
28 CFR pt 54); the Omnibus Crime Control and Safe Streets Act of 1968 (42 USC § 3789d and 28 CFR § 42.201 et seq);
the Juvenile Justice and Delinquency Prevention Act of 2002 (42 USC § 5672(b)); Section 1407 of the Victims of Crime
Act of 1984 (42 USC § 10604); Title II of the Americans with Disabilities Act of 1990 (42 USC §12131-34 and 28 CFR
pt. 35); and Equal Treatment for Faith-Based Organizations (28 CFR pt 38 and Executive Order 13279); and State
Executive Order No. 2009-09. The above referenced federal and state laws prohibit discrimination on the basis of race,
color, religion, sex, disability, and national origin (including limited English proficiency) in the delivery of services and
employment practices, and prohibit discrimination on the basis of age in the delivery of services.
Govemmental entities will comply with the requirements of Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 USC § 4601 et seq.), and 5 USC §§ 1501-08 and §§ 7324-28 which limit certain political
activities of State and local government employees whose principal employment is in connection with an activity financed
in whole or in part by federal assistance.
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DP S Grant Agreement No. 2013-246
The Arizona Department of Public Safety agrees to pay subrecipient the above shown AWARD AMOUNT subject to the
conditions provided herein:
General Conditions
1.0 Definition of Terms. As used in this subgrant award agreement, the terms listed below are defmed as
follows:
1.1 "Agreement" means a written online Request for Grant Application (RFGA) approved by the Arizona
Depat talent of Public Safety.
1.2 "Agreement Amendment" means a written online document approved by the Arizona Department of Public
Safety that is requested by the subrecipient agency for the purpose of making changes in the agreement.
1.3 "Application" means a written online Request for Grant Application (RFGA).
1.4 "Days" means calendar days unless otherwise specified.
1.5 "Direct Service" means supportive services provided through direct contact with a victim in-person, by
phone or hotline, or by email.
1.6 "Director" means the head of the Arizona Department of Public Safety, or his/her designee, who is duly
authorized by the State to enter into grant agreements and make written determinations with respect to
those agreements.
1.7 "DPS" means the Arizona Department of Public Safety.
1.8 "Grant" means the furnishing of financial or other assistance, including state or federal grant funds, by the
Department of Public Safety to any person for the purpose of supporting or stimulating educational,
cultural, social or economic quality of life.
1.9 "Gratuity" means a payment, loan, subscription, advance, deposit of money, services, or anything of more
than nominal value, present or promised, unless consideration of substantially equal or greater value is
received.
1.10 "Match" means additional resources (cash or in-kind) provided by the subrecipient to support the DPS
VOCA funded project. Cash match must be from a non-Federal source.
"Project" means activities and services supported by Victims of Crime Act (VOCA) funds plus required
match, relating to this subgrant award agreement only.
1.12 "Services" means the furnishing of labor, time or effort by a subrecipient which does not involve the
delivery of a specific end product other than required reports and performance. Allowable services include
those efforts that (1) respond to the emotional and physical needs [healing] of crime victims; (2) assist
primary and secondary victims of crime to stabilize [restitution/economic restabilization] their lives after a
victimization; (3) assist victims to understand and participate in the criminal [justice] system; and (4)
provide victims of crime with a measure of [safety] and security.
1.13 "State" means the State of Arizona and Department or Agency of the State that executes the subgrant award
agreement.
1.14 "Subgrant award agreement" means a written signed agreement between the Arizona Department of Public
Safety and the grant recipient for the award of DPS VOCA funds.
1.15 "Subrecipient" means the legal entity to which a subaward is made and which is accountable to DPS for the
use of the funds provided.
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1.16 "VOCA" means Victims of Crime Act of 1984, as amended, 42 USC 10601, et seq.
2.0 Subgrant award agreement interpretation.
2.1 Arizona Law. The Arizona law applies to this grant award agreement, including the Solicitation and
Award of Grants, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 24, and its implementing rules.
2.2 Subgrant Award Agreement Order of Precedence. In the event of a conflict in the provisions of the
subgrant award agreement, as accepted by the State and as they may be amended, the following shaft
prevail in the order set forth below:
2.2.1 Special Conditions;
2.2.2 General Conditions;
2.2.3 DPS / VOCA Guidelines;
2.2.4 Federal VOCA Guidelines; OW Financial Guide; and applicable OMB circulars
2.3 Relationship of parties. The subrecipient under this subgrant award agreement is an independent
subrecipient. Neither party to this subgrant award agreement shall be deemed to be the employee or agent
of the other party to the subgrant award agreement.
2.4 Severability. The provisions of this subgrant award agreement are severable. Any condition deemed
illegal or invalid shall not affect any other condition of the subgrant award agreement.
2.5 No pawl evidence. This subgrant award agreement is intended by the parties as a final arid complete
expression of their agreement. No prior dealings between the parties shall supplement or explain any terms
used in this document and no other understanding either oral or in writing shall be binding.
2.6 No waiver. Either party's failure to insist on strict performance of any condition of the subgant award
agreement shall not be deemed a waiver of that 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.
3.0 Subgrant award agreement administration and operation.
3.1 Non-Discrimination. The subrecipient shall comply with State Executive Order No. 2009-09 and all other
applicable Federal and State laws, rules and regulations related to the prohibition against discrimination,
including Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, Title IX of the Education Amendments of 1972, the Omnibus Crime Control and
Safe Streets Act of 1968, the Juvenile Justice and Delinquency Prevention Act of 2002, the Victims of Crime
Act of 1984, the Americans with Disabilities Act of 1990, Department of Justice implementing regulations and
Equal Treatment for Faith-Based Organizations.
In the event a federal or state court or administrative agency makes a finding of discrimination after a due
process hearing against the subrecipient agency on the grounds of race, color, national origin, religion, or
sex, the subrecipient shall forward a copy of the finding to the Department of Justice, Office of Justice
Programs, Office for Civil Rights and DPS.
3.1.1 Providing Services to Limited English Proficiency (LEP) Individuals. In accordance with Department of
Justice guidance, recipients (and subrecipients) of Federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with limited English proficiency
(LEP).
3.1.2 Faith-Based Organizations. Department of Justice regulations prohibit faith-based organizations from
using financial assistance from the Department of Justice to fund inherently religious activities. While
faith-based organizations can engage in non-funded inherently religious activities, they must be held
separately from the Department of Justice funded program, and customers or beneficiaries cannot be
compelled to participate in them. Regulation also makes clear that organizations participating in programs
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funded by the Department of Justice are not permitted to discriminate in the provision of services on the
basis of a beneficiary's religion,
3.1.3 Equal Employment Opportunity Plan. The subrecipient acknowledges that failure to submit an acceptable
Equal Employment Opportunity Plan (if required to submit one pursuant to 28 CFR Section 42.302) that is
approved by the Office for Civil Rights is a violation of its Certified Assurances and may result in
suspension or termination of funding, until such time as the subrecipient is in compliance.
3.2 Certification Regarding Lobbying, Subrecipient agencies entering into a VOCA grant or cooperative
agreement over $100,000 must certify that no Federal funds have been paid or will be paid, by or on behalf
of the subrecipient, to any persons for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or
cooperative agreement. Federal funds include but are not limited to such grants as Victims of Crime Act
(VOCA), Violence Against Women Act (VAWA), Family Violence Prevention and Services Act (Rural
Safe Home Network Program), and the Children's Justice Act, which may be administered through a State
or other local governmental agency. Additionally, subrecipient agencies must disclose to DPS any
lobbying activities that have been paid or will be paid with any funds other than Federal funds.
3.2.1 Lobbying Activities. The subrecipient understands and agrees that it cannot use any federal funds, either
directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government.
3.3 Required reports. The subrecipient will submit reports on such data in such form and at such times as
required by DPS, to include:
3.3.1 Monthly financial report due the 15 th of each month;
3.3.2 Quarterly statistical and programmatic report due 30 days following the close of each quarter;
3.3.3 Annual narrative report due 30 days following the close of the grant period;
3.3.4 DPS victim assistance survey due annually upon request; and
3.3.5 Year-end Amendment Agreement, if applicable, due 30 days following the close of the grant period.
Failure to submit complete, accurate and timely reports may result in a reduction of the current award. Any
three combined occurrences of monthly or quarterly reports submitted over 15 days late and/or three
combined occurrences relating to the submission of incomplete or inaccurate monthly or quarterly reports
may result in up to a 10% award reduction as determined by DPS.
3.3.6 If DPS determines that the subrecipient has failed to meet the acceptable standard for maintaining financial
and/or programmatic documentation or is identified as a high risk subrecipient, additional financial or
programmatic documentation may be required.
3.4 Records. The subrecipient shall retain all financial records, supporting documentation, statistical records
and all other records pertinent to this award until March 31 of the seventh year following the year indicated
in the Federal Grant Number of this Subgrant Award Agreement. (Federal Grant #2013-VA-GX-0019 plus
seven years — keep through March 31 of that seventh year). In addition, with a 24-hour notice, the
subrecipient will allow DPS and the Department of Justice's Office for Victims of Crime and/or the Office
of the Chief Financial Officer (or their representatives) to review all of the subrecipient's records
concerning this grant project.
3.5 Capital equipment. The subrecipient must maintain all capital equipment and furniture (costs in excess of
$5,000 per unit) purchased through this subgrant award agreement in accordance with the DOJ Financial
Guide. The subrecipient shall submit documentation relevant to the purchase as required by DPS. All
capital equipment and furniture must be used for victim services as identified in the subrecipient's
application and this subgrant award agreement. Any deviation from this provision must be approved in
writing by DP S .
3.6 Authorization of use. DPS reserves a royalty-free, non-exclusive, and irrevocable license to reproduce,
publish or otherwise use, and authorize others to use for government purposes, the copyright of any work
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developed under this award and any rights of copyright to which a subrecipient purchases ownership with
support through this subgrant award agreement.
3.7 Research or statistical information. The subrecipient shall not use or reveal any research or statistical
information under this project that is identifiable to any specific person except for the purpose for which the
information was obtained, in accordance with VOCA.
3.8 Site inspections. The continuance of the subrecipient's subgrant award agreement is contingent upon
successful completion of random or for-cause inspections. Failure to satisfactorily comply with Required
Action items identified during the site inspection can result in termination of the subgrant award agreement.
3.9 Audit requirements. The subrecipient shall comply with the audit requirements of Office of Management
and Budget (OMB) Circular A-133 and the DPS VOCA guidelines. If an audit is required, a copy of the
audit report shall be sent to DP S.
3.10 Potential fraud, waste, abuse or misconduct. The subrecipient must promptly notify DPS in writing of any
credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1)
submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil
violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
grant funds.
3.11 Prohibited Activities. The following activities are prohibited under this subgrant award agreement:
1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or eligible for
listing on the National Register of Historical Places or (b) located within a 100-year fioodplain. 3. A
renovation which will change the basic prior use of a facility or significantly change its size. 4. Research
and technology whose anticipated and future application could be expected to have an effect on the
environment. 5. Implementation of a program involving the use of chemicals.
3.12 Subgrant award agreement renewal. DPS has the option to renew this project for a specified additional
time period. The renewal of this project is contingent upon satisfactory performance, availability of funds,
and demonstrated need.
3.13 The subrecipient agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM). After the initial registration, subrecipients are required to review and update
the information at least annually and more frequently if required by changes in the subrecipient's
information or another award item. Additional information about registration procedures may be found at
the SAM website (www.sarn.gov).
4.0 Cost and Payments.
4.1 Available funds. Any award is dependent upon receipt of the VOCA Assistance funds from the U.S.
Department of Justice, and there is no obligation on the part of DPS to award funds other than the federal
VOCA.
4.2 Compliance. Failure of the subrecipient to utilize DPS VOCA funds for direct services to crime victims or
for training purposes as stated in the approved budget will be subject to immediate cancellation. The
subrecipient will not utilize VOCA funds for projects which serve perpetrators of crime or crime
prevention, and/or for any other non-allowable cost or activity in accordance with DPS / VOCA guidelines.
The subrecipient agrees to reimburse DPS for any VOCA funds the subrecipient expends that are not in full
compliance with this subgrant award agreement.
4.3 No charge to victims. Subrecipients must provide services to crime victims, at no charge, through the
VOCA-funded project. The purpose of the VOCA victim assistance grant program is to provide services to
all crime victims regardless of their ability to pay for services rendered or availability of insurance or other
third-party payment resources.
4.4 On-call time. The subrecipient will not utilize VOCA funds to support on-call time for staff. DPS may
approve the use of on-call time as program match.
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4.5 Non-supplantation. VOCA crime victim assistance funds will be used to enhance or expand services and
will not be used to supplant state arid local funds that would otherwise be available for crime victim
services. See Section 1404(a)(2)(c), codified at 42 USC 10603(a)(2)(C). This supplantation clause applies
to state and local public agencies only.
4.6 Mandated services. The subrecipient will not utilize VOCA funds to support legally mandated services.
4.7 Funds management. The subrecipient will provide appropriate accounting and monitoring procedures to
ensure fiscal control and efficient management of funds, in accordance with the U.S. Department of Justice,
Office of Justice Programs, Financial Guide, effective edition.
4.8 Unexpended funds. The subrecipient will immediately contact DPS to make arrangements to amend their
budget to expend remaining funds or to reduce the contracted amount when it becomes apparent that not all
VOCA grant funds will be expended by the end of the grant period. Any VOCA funds not expended or
encumbered prior to the end of the award period shall be reverted to DPS within 30 days of the close of the
grant period. Any funds not matched as required shall be reverted to DPS within 30 days of receipt of
written notification from DPS.
4.9 Matching funds. The subrecipient will commit, track and report matching funds at approximately the same
percentage rate as expenditures. The subrecipient may commit, track and report match funds at a higher
percentage rate each month, not to exceed the total required match amount. The subgrant award agreement
is subject to cancellation if the required match funding committed, tracked, and reported each month is
more than 10% less than the rate of expenditures.
4.10 Training and Conference expense. The sabrecipient agrees to comply with all applicable laws, regulations,
policies, and guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences, meetings, training, and
other events, including the provision of food and/or beverage and costs of attendance at such events.
4.11 Prohibited expense. The subrecipient will not utilize VOCA funds, either directly or indirectly, in support
of any contract with the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries.
4.12 Training or training materials. The subrecipient understands and agrees that any training or training
materials developed or delivered with funding provided under this award must adhere to the OJP Training
Guiding Principles for Grantees and Subgrantees, available at
http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm.
4.13 Duplicate funding. The subrecipient agrees that if it currently has an open award of federal or state
funds or if it receives an award of federal or state funds other than this award, and those award funds have
been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which
fluids are being provided under this award, the subrecipient will promptly notify DPS and, if so requested
by DPS, seek an agreement amendment request to eliminate any duplication of funding.
5.0 Subgrant Award Agreement Changes.
5.1 Agreement Amendment. This subgrant award agreement is issued under the authority of the Director of the
Arizona DPS and may be modified only through an Agreement Amendment, approved by DPS.
5.2 Assignment of duties. The subrecipient shall not assign or transfer any of its duties under this agreement
without express written permission of DPS.
5.3 Scope of work. Awards are based on information presented in the subrecipient's on-line application. Any
deviation from the scope of the project as stated in the Narrative and Budget sections of the subrecipient's
application must be approved in writing by DPS prior to the use of such funds.
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5.4 Subcontracts. The subrecipient shall not enter into any subcontract under this subgrant award agreement
without the advance written approval of DPS. The subrecipient shall clearly list any proposed
subcontractors and the subcontractor's proposed responsibilities in the application for funding or agreement
amendment. The subcontract shall incorporate by reference the terms and conditions of this subgrant
award agreement
6.0 Indemnification.
Subrecipient Indemnification. The parties to this subgrant award agreement agree that the State of Arizona,
its departments, agencies, boards and commissions shall be indemnified and held harmless by the
subrecipient for vicarious liability of the State as a result of entering into this agreement. However, the
parties further agree that the State of Arizona, its departments, agencies, boards and commissions shall be
responsible for its own negligence. Each party to this contract is responsible for its own negligence.
7.0 Grant Remedies.
7.1 Right to Assurance. If DPS in good faith has reason to believe that the subrecipient does not intend to, or is
unable to perform or continue performing under this subgrant award agreement, DPS may demand in
writing that the subrecipient give a written assurance of intent to perform. Failure by the subrecipient to
provide written assurance within the number of days specified in the demand may, at DPS's option, be the
basis for terminating the subgrant award agreement under the General Conditions or other rights and
remedies available by law or provided by the subgrant award agreement.
7.2 Project implementation. If a project is not operational within 60 days of the original start date of the
project period, the subrecipient must submit written documentation to DPS explaining steps taken to initiate
the project, the reasons for the delay, and the expected start date. If a project is not operational within 90
days of the original start date of the project period, the subrecipient must submit a second written statement
explaining the implementation delay. DPS reserves the right to cancel the agreement if the proposed
project is not operational within 90 days of the original start date.
8.0 Grant Termination.
8.1 Cancellation for conflict of interest. Pursuant to A.R.S. 38-511, the State may cancel this agreement
without penalty or further obligation if any person significantly involved in initiating, negotiating, securing,
drafting or creating the agreement on behalf of the State is or becomes at any time while the agreement or
an extension of the agreement is in effect an employee of or a consultant to any other party to this
agreement with respect to the subject matter of the agreement. The cancellation shall be effective when the
subrecipient receives written notice of the cancellation unless the notice specifies a later time. If the
Subrecipient is a political subdivision of the State, it may also cancel_ this agreement as provided in A.R.S.
38-511. In the event of cancellation under this paragraph, any unexpended funds received by the
subrecipient must be reverted within 30 days of the cancellation notification.
8.2 Gratuities. DPS may, by written notice, terminate this subgrant award agreement, in whole or in part, if
DPS determines that employment or a gratuity was offered or made by the subrecipient or a representative
of the subrecipient to any officer or employee of the state for the purpose of influencing the outcome of the
grant award or in securing the subgrant award agreement, an amendment to the subgrant award agreement,
or favorable treatment concerning the subgrant award agreement, including the making of any
determination or decision about subgrant award agreement performance. DPS, in addition to any other
rights or remedies, shall be entitled to recover exemplary damages in the amount of three times the value of
the gratuity offered by the subrecipient
8.3 Suspension or Debarment. DPS may, by written notice to the subrecipient, immediately terminate this
subgrant award agreement if DPS determines that the subrecipient has been debarred, suspended or
otherwise lawfully prohibited from or ineligible for participation in federal assistance programs or
activities, including but not limited to, being disapproved as a subcontractor of any public procurement unit
or other governmental body. Submittal of an application for funding or execution of a subgrant award
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agreement shall attest that the subrecipient is not currently suspended or debarred. If the subrecipient
becomes suspended or debarred, the subrecipient shall immediately notify DPS.
8.4 Termination for convenience. DPS reserves the right to terminate the subgrant award agreement, in whole
or in part any time, when in the best interest of DPS without penalty or recourse. Upon receipt of the
written notice, the subrecipient shall stop all work as directed in the notice and minimize all further costs to
DPS. In the event of termination under this paragraph, any unexpended funds received by the subrecipient
must be reverted within 30 days of the termination notification.
8.5 Termination for default. In addition to the rights reserved in the contract, DPS may terminate the subgrant
award agreement in whole or in part due to the failure of the subrecipient to comply with any term or
condition of the subgrant award agreement or to make satisfactory progress in performing the subgrant
award agreement. An award is subject to cancellation if less than 20% of the awarded funds are expended
or encumbered within 4 months of the contact start date, 40% within 7 months, and 70% within 10 months.
DPS shall provide a 30-day written notice of termination and the reasons for termination to the
subrecipient. In the event of termination under this paragraph, any unexpended funds received by the
subrecipient must be reverted within 30 days of the termination notification. The subrecipient has the
option to appeal within 20 calendar days of the date of the written notice of termination. The final decision
will be at the discretion of the UPS Director or his designee.
8.6 Continuation of performance through termination. The subrecipient shall continue to perform, in
accordance with the requirements of the subgrant award agreement, up to the date of termination, as
directed in the termination notice.
8.7 Termination by subrecipient. Upon written notice to DPS, the subrecipient may cancel this subgrant award
agreement. Any unexpended funds shall immediately be reverted to DPS.
9.0 Arbitration.
The parties to this subgrant award agreement agree to resolve all disputes arising out of or relating to this
subgrant award agreement through arbitration, after exhausting applicable administrative review, to the
extent required by A.R.S. 12-1518 except as may be required by other applicable statutes (Title 41).
10.0 Other Service Requirements.
10.1 Collaboration. The subrecipient agrees to continually and proactively participate in developing partner
relationships among other service providers in the effort to aid crime victims within the community served.
10.2 Demographics. The subrecipient agrees to maintain information on victim services provided through this
project by race, national origin, sex, age and disability.
10.3 Key staff changes. The subrecipient agrees to promptly notify DPS of changes in key staff members
identified in the grant application, to include Project Contact, Civil Rights Contact, Crime Victim
Compensation Coordinator, Project Director, Financial Contact, Authorizing Official, and VOCA funded
staff and/or staff used as match.
10.4 Vacancies. The subrecipient agrees to promptly notify DPS in writing when any VOCA funded employee
position is vacated, and when any VOCA funded employee position is filled.
10.5 Surveys. The subrecipient agrees to utilize customer feedback surveys to assist the agency with contracted
project outcome and quality measures. Feedback arid satisfaction surveys will utilize the Likert Scale of
Measurement (Strongly Agree, Agree, Neither Agree or Disagree, Disagree, Strongly Disagree).
10.6 Victim Compensation. The subrecipient agrees to assist eligible victims in seeking available crime victim
compensation benefits provided by the state victim compensation program. The subrecipient agrees to
designate a Victim Compensation Coordinator within its agency. The Victim Compensation Coordinator
must have received victim compensation training from their county attorney's office or completed the
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Arizona Criminal Justice Commission (ACJC) on-line Introduction to Crime Victim Compensation training
module Chttp://www.azejc ..g_ov/ACJC.Web/victim/cbttraining.aspx). If training has not been received, the
subrecipient agrees to arrange for and attend training within 90 days from the first day of this subgrant
award agreement or 90 days after reassignment of new staff in this role.
10.7 Victims' Rights. The subrecipient agrees to notify victims of Victims' Rights (A.R.S. 13-4401, et seq.) and
to offer to connect the victim with a representative from the prosecutor's or county attorney's office if the
victim so chooses. Non-criminal justice agencies will track their success ratio introducing victims to the
criminal justice system in a verifiable manner. Non-criminal justice agencies will ensure that all DPS-
VOCA funded staff and their first line supervisor have received victims' rights training from a criminal
justice agency.
10.8 Civil Rights. The subrecipient agrees to designate a Civil Rights Contact Person within its agency. This
person must complete the on-line civil rights training program offered by the Office for Civil Rights
(OCR), Office of Justice Programs (OJP), Department of Justice (Dal) via the Arizona Criminal Justice
Commission (ACJC) website. The subrecipient agrees to ensure the Civil Rights Contact Person completes
the training within 90 days from the first day of this subgrant award agreement or 90 days after
reassignment of new staff in this role.
10.9 Volunteers. The subrecipient agrees to incorporate the use of volunteers to assist in carrying out the
agency's mission. Volunteer use is a current and ongoing requirement for all projects.
10.10 Sudan and Iran Investments. The subrecipient agrees to comply with ARS 35-391 and ARS 35-393, and
therefore has no scrutinized business operation investments in Sudan and Iran.
10.11 Text messaging policy. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department of Justice encourages
subrecipients to adopt and enforce policies banning employees from text messaging while driving any
vehicle during the course of performing work funded by this grant, and to establish workplace safety
polices and conduct education, awareness, and other outreach to decrease crashes caused by distracted
drivers.
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2014 - 2015
APPROVED BUDGET
Budget line items: Federal Match Total
Salaries and Wages $58,466 $14,211 $72,677
Fringe Benefits $19,659 $ 5,320 $24,979
Travel $ 0 $ 0 $ 0
Professional/Outside Services $ 0 $ 0 $ 0
Equipment $ 0 $ 0 $ 0
Other Operating $ 0 $ 0 $ 0
Total $78,125 $19,531 $97,656
10

DPS Grant Agreement No. 2013-246
For the Arizona Department of Public Safety:
Robert C. Halliday, Colonel Date
Director
Arizona Department of Public Safety
This Subgrant Award Agreement has been approved as to form by the Arizona Department of
Public Safety Legal Section.
For the Sub-recipient:
Project Director:
Signature:
John Gillis, Division Chief Chairman, Maricopa County
Board of Supervisors
Date: Date:
Authorizing Official: ATTEST:
Signature:
William G. Montgomery Clerk of the Board
County Attorney
Date: Date:
Approved as to form:
Attorney for the Board of Supervisors
11

CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three,
Recipient's Name: I DUNS Number:
Address:
Grant Title: -I Grant Number: 1 Award Amount:
Name and Title of Contact Person:
Telephone Number:
)r'ct-pa jiari 8E,- OP, for::
-that -
h ;applica fe.:(-w.o]
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an EEOP Is on File for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of $25,000 or more, but less than $500,000, then the
recipient agency does not have to submit an REOP to the OCR for review as long as it certifies the following (42 C.F.R. ,¢ 42.305):
[responsible official],
certify. that [recipient],
which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than
$500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I farther certify that within the last
twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable
federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for
Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office:
[organization],
[address].
:07niore;einPloveis and is recervinc-a
:is '.:rceei36ng
1 460- 'an sent it fOr. 47000.iv:ciri'y
:!Offiee.:for Usticc'Programs $ OqP4rUrnent, -Of JUSOCC.,
01v1B Approval No. 1121-0340 Expiration Date: 05/31114

INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's
administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice
Programs (OJP) for review, and implement an Equal Employment Opportunity Plan. (EEOP). See 28. C.F.R. pt. 42, subpt.
E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the EEOP requirements;
many awards from OW, including awards from the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and
Delinquency Prevention (01JDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and
many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you
have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's
FEOP requirements, please consult your grant award document, your program manager, or the OCR.
Recipients should complete either Section A or Section B or Section C, not all three.
Section A
The regulations exempt some recipients from all of the EEOP requirements. Your orgrini7ation may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational
institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty
employees. To claim the complete exemption from the EEOP requirements, complete Section A.
Section B
AlthOugh the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations
allow some recipients to forego submitting the FEOP to the OCR for review. Recipients that (1) are a unit of state or
local government, an agency of state or local government, or a private business; and (2) have fifty or more employees;
and (3) have received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption
from the submission requirement by completing Section B. In completing Section B, the recipient should note that the
EEOP on file has been prepared within twenty-four months of the date of the most recent grant award.
Section C
Recipients that (1) are a unit - of state or local government, an agency of state or local government, or a private business,
and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare,
maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP
Utilization Report (or in the process of submitting one) to the OCR, should complete Section C.
OMB Approval No. 1121-0340 Expiration Date: 05/31/14

CERTIFICATION REGARDING LOBBYING
Applicants should review the instructions for certification included in the regulations before completing
this form. Signature of this form provides for compliance with certification requirements under 28 CFR
Part 69 "New Restrictions on Lobbying". The certification shall be treated as a material representation of
fact upon which reliance will be placed when the Department of Justice determines to award the covered
transactions, grant, or cooperative agreement.
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons
entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant
certifies that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form — LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions;
Not Applicable (Check box if subrecipient's VOCA award is less than $100,000. Whether
certification is applicable or not, complete the information below.)
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with
the above certification.
Subrecipient (organization) name:
Address:
DPS Contract Number: Federal Employer Identification Number:
Printed Name & Title of Authorized Representative:
Signature: Date:
Source: U.S. Dept. of Justice, Office of Justice Programs, Form 4061/6 (3-91)

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
(See reverse for Dublic burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant b. initial .award b. material change
• c: cooperative agreement c. post-award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report .
f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
p Prime El Subawardee and Address of Prime: .
Tier , if known:
Congressional District, • if known: 4° Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9, Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
(if individual, last name, first name, MI): different from No. 10a)
(last name, first name, MI):
it information requested through this form is authorized by fitie 31 1.1.3.C, seetion Signature: I-1 Not Applicable
1052. This disclosure' of lobbying activities is a material representation of fact
upon which reliance was placed by the tier above when this transaction was made Print Name:
or entered Into. This disclosure is required pursuant to 31 U.S.C, 1351 This
information will be available for public inspection. Any person who fails to file the Title:
required disclosure shall be subject to a civil penalty of not less than $15,000 and
not more than $100,000 for each such failure, Telephone No,: Date:
Authorized for Local Reproduction
Federal Use Only: Standard Form LLL (Rev. 7-97)

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
This action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each paymentor agreementto make
any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee of
paymentto or an empioyeeof a Member of Congress in connection with a covered Federal action. Complete all items that appiyfor both the initial filing and material
Congress, change report: Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2„ Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter
the yearend quarter in which the change occurred. Enter the data of the last previously submitted report by this reporting entity for this covered Federal
action.
4: Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriateclassification
of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee
of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
If the organization filing the report in item 4 cheeks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal
5.
recipient. include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment Inciude at least one organizationallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, bees, and loan commitments.
B. Enter the most appropriate Federal identifying number availablefor the Federal action Identified in item 1 (e.g., Request for Proposal (RFP) number;
Invitation for Bid (IFS) number; grant announcement number; the contract grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g.. "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified In item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and Include full address if different from 10 (a). Enter Last Name, First Name, and
Middle initial (MD.
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
According The valid OMB control number for this information collection is OMS No. 0348-0046. Public reporting burden for this collection of information is
estimated Number. to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
needed, and including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington,
information,
DC 20503.

-..„ • .s., U.S. DEPARTMENT OF JUSTICE
..._ ''., OFFICE OF JUSTICE PROGRAMS
..'.4.47,-.. OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub-Recipient)
This certification is required by the regulatioons implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
• principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department of agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certificaiton, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Representative
Signature . Date
Name of Organization
Address of Organization
OJP FORM 406.1/1 (REV. 2/89) Previous editions are obsolete

Instructions for Certification
1. By signing and submitting this proposal, the prosective lower tier participant is providing the
certification set out below.
2. The certification' in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certificaiton, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted. or has become erroneous by reason of changed circumstances.
4. The terms "covered transction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposes," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of.
rules implementing Executive Order 12549.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with
a person who is debared, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
reports in order to render in good faith the certification requred by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by aprudent person
in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.

Arizona Department of Public Safety
Victims of Crime Act (VOCA) Administration
Complying with Federal Civil Rights Program Reguirements
Ensuring Access to Federally Assisted Programs
Federal laws prohibit recipients (and subrecipients) of federal financial assistance from discrimination on the basis of race,
color, national origin, religion, sex, or disability in funded program or activities, not only in respect to employment
practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from
discriminating on the basis of age in the delivery of services or benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §
2000d, recipients (and subrecipients) of federal financial assistance must take reasonable steps to provide meaningful
access to their programs and activities for persons with limited English proficiency (LEP). For more information on the
civil rights responsibilities that recipients have in providing language services to LEP individuals, please refer to
http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In
general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal
Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38,
prohibits faith-based organizations from using financial assistance from the Depai fluent of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be
held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to
participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded
by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's
religion. For more information on the regulation, please go to the Office for Civil Rights website at
littp://oip.gov/about/ocr/equal fbo.htm.
Nondiscrimination Notification
DPS-VOCA subrecipient agencies must have a method of notifying employees, clients, customers, or program participants
that the subrecipient agency does not discriminate in employment practices or delivery of services, and must have a written
policy that includes the procedures for fling a complaint, and the names and contact information for the agencies that
receive complaints.
Discrimination Complaints
Employees, clients, customers, or program participants of a DPS-VOCA subrecipient who wish to file a complaint of
discrimination, may file a complaint directly with the subrecipient; or with the Arizona Department of Public Safety VOCA
Administration Unit (http://www.azdps.gov/Services/Crime Victims!), the Arizona Office of the Attorney General, Office
for Civil Rights (http://www.azag.gov/civil rights/); or the Office for Civil Rights (OCR), Office of Justice Programs,
Department of Justice (http://www.justice.gov/ert/).
Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination
against your organization after a due process hearing, on the grounds of race, color, national origin, religion, or sex, your
organization must submit a copy of the finding to OCR for review, with a copy to DPS-VOCA.
(printed name of responsible official), certify that the
(name of subrecipient organization) will comply with the Federal Civil
Rights Program requirements as outlined above.
Responsible Official's Title: DPS Contract Number:
Signature; Date:
6/12/2014

Executive Order 2009-09
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS AND
SUBCONTRACTORS
Superseding Executive Order 994 and Amending Executive Order 76-5
WHEREAS, Executive Order 99-4 was effectuated to assure that persons or entities
contracting with the State of Arizona or its political subdivisions comply with the provisions of
Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et. seq.) and with Arizona's Civil
Rights Act (Title 41, Chapter 9, Article 4);
WHEREAS, Executive Order 99-4 correctly states that various religious organizations are
exempted from Arizona's Civil Rights Act;
WHEREAS, Executive Order 99-4 does not expressly state the federal and state exemptions
for Indian tribes Under both the federal and State Civil Rights Acts;
WHEREAS, 42 U.S.C. § 200e(b)(1) exempts tribes from the definition of employer;
WHEREAS, A.R.S. •§ 41-1461 4 (b)(i) also exempts Indian tribes from the definition of
employers to whom the Arizona Civil Rights Act applies;
WHEREAS, Indian tribes across the State have recently begun to experience difficulty
contracting with the State, often for money or services to which they are lawfully entitled, as a
result of their exclusion from specified exemptions within Executive Order 99-4;
WHEREAS, the Attorney General's Office has in some cases interpreted the existing
provisions as requiring tribes to waive rights guaranteed by both federal and State law;
WHEREAS, a modification is necessary to expressly provide that the exemptions found in
federal and State law continue in full force and effect;
NOW, THEREFORE, 1, Janice K. Brewer, Governor of the State of Arizona, by virtue of the
authority vested in me by the Constitution and laws of this State, hereby order and direct as
follows:
1. Executive Order 75-5 is hereby amended as follows:
PART I - Non-discrimination in employment by government contractors and subcontractors.
Unless otherwise exempted by federal or state civil rights laws, all government
contracting agencies shall include in every government contract hereinafter entered into the
following provisions: .-
During the performance of this contract, the contractor agrees as follows:
A. The Contractor will not discriminate against any employee or applicant for employment
because of race, age, color, religion, sex, or national origin. The contractor will 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 following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or

Executive Order 2009-09
Page
imposed and remedies invoked as provided in Part 11 of this order, and the rules and
regulations of the Arizona Civil Rights Division.
F. The contractor will include the provisions of paragraphs A through E in every
subcontractor purchase order so that such provisions will be - binding upon each
subcontractor or vendor. The contractor will take such action with respect to the
subcontract or purchase orders the contracting agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance, provided, however,
that in the event the contractor becomes involved in or is threatened with litigation with a
subcontractor or Vender as a result of such direction by the contracting agency, the
contractor may request the State of Arizona to enter into such litigation to protect the
interest of the Sate of Arizona.
G. Each contractor having a contract containing the provisions prescribed in this section
shall file and shall cause each of his subcontractors to file compliance reports with the
contracting agency or the Civil Rights Division, as may be directed. Compliance reports
shall be filed within such times and shall contain such information as the practices,
policies, .programs and employment policies, programs and employment statistics of the
contractor and each subcontract and shall be in form as the Arizona Civil Rights
Division may prescribe.
H. Bidders or prospective contractors of subcontractors shall be required to state whether
they have participated in any previous contract subject to the provisions of this order or
any preceding similar Executive Order and in such event to submit on behalf of
themselves and the proposed subcontractors compliance reports prior to, or as an initial
part of negotiation of a contract.
I. Whenever the contractor or subcontractor has a collective bargaining agreement or
other contract or understanding with a labor union or an agency referring workers of
providing or supervising apprenticeship or training for such workers, the compliance
report shall include such information from such labor unions or agency practices an
policies affecting compliance as the contracting agency or Civil Rights Division may
prescribe: provided that, to the extent such information is within the exclusive
possession of a labor union or art agency referring workers or providing or supervising
apprenticeship or training and such labor union or agency shall refuse to furnish such
information to the contractor, the contractor shall so certify the contracting agency as
part of its compliance report and shall set forth what efforts he has made to obtain such
information.
S. The contracting agency or the Civil Rights Division shall require that the bidder or
prospector contractor or subcontractor shall submit as part of his compliance report a
statement in writing signed by an authorized officer or agent on behalf of any labor
union or any agency referring workers or providing or supervising apprenticeship or
other training with which the bidder or prospective contractor deals with supporting
information to the effect that the signer's practices and policies do not discriminate on
the grounds of race, color, religion, sex or national origin, and that the signer either will
affirmatively cooperate in the implementation of the policy and provisions of this order or
that it consents and agrees that recruitment, employment, and the terms and conditions

Executive Order 2009-09
Page 5
F. Sanctions and Penalties. In accordance with such rules, regulations or orders as the
Civil Rights Division may issue or adopt, the Civil Rights Division or the appropriate
contracting agency May publish or cause to be published the names of contractors or
unions which it has concluded have complied or have failed to comply with the
provisions of this order and with the rules, regulations and orders of the Civil Rights
Division.
1. Contracts may be cancelled, in whole or in part, terminated, or suspended
absolutely, or continuation of contracts may be conditioned upon a program for
future compliance approved by the contracting agency or the Civil Rights
Division: provided that any contracting agency shall refrain from entering into
further contracts, extensions or other modifications of existing contracts with any
noncomplying contractor until such contractor has established and will carry out
personnel and employment policies in compliance with the provisions of this
order.
2. Under rules and regulations prescribed by the Civil Rights Division, each
contracting agency shall make reasonable efforts within a reasonable time
limitation to secure compliance with the contract provisions of this order by
methods of conference, conciliation, mediation and persuasion before
proceedings shall be instituted under this order of before a contract shall be
cancelled or terminated in whole or in part under this order for failure of a
contractor or subcontractor to comply with the contract provisions of this order.
G. This Executive Order shall become effective immediately of its issuance.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused to be affixed the Great Seal of the State of Arizona.
GOVERNOR
DONE at the Capital in Phoenix, Arizona this 20th day of October
In the Year Two Thousand and Nine and of the Independence of
the United States of America the Two Hundred and Thirty-Third.
ATTEST:
SECRETARY OF STATE