Extracted text (via pymupdf_layout)
45359 characters
Kristen Ralston - COSCX rom: Banegas, Carol <CBanegas@courts.az.gov> Tuesday. September 17, 2013 1:56 PM To: Carmine Davis - COSCX Cc: Kristen Ralston - COSCX Subject: DEA FY14 Funding Agreement and Addendums Attachments: Electronic Signature Instructions.pdf; FY2014 Maricopa Clerk DEA FA.pdf; Maricopa Clerk Addenda.pdf; FY14 MARICOPA CLERK EXHIBIT B.docx; DEA EXHIBIT C.pdf Importance: High ticirerrus (ffourt Rebecca White Berch STATE OF ARIZONA David K. Byers Chief Justice ADMINISTRATIVE OFFICE Of THE COURTS Administrative Director of the Courts September 17, 2013 Carmine Davis Budget & Finance Administrator Maricopa County Superior Court 620 West Jackson, suite 3017 Phoenix, AZ 85003 Dear Carmine: Attached is the DEA FY14 Funding Agreement along with Addendum/Exhibits A, B, C and a copy of the FY14 ACJC DEA Funding Agreement. Please submit the Funding Agreement and Addendum A to your Presiding Judge for electronic signature. Directions to complete the electronic signature process is also attached for your convenience. Please retain a copy of both the signed Funding Agreement and the Addendum A's and email signed documents to: Carol Banegas-Stankus cbanegas@courts.az.gov If the electronic signature process is not utilized, mail hard copies of the signed documents to: AOC 00 Carol Banegas-Stankus 1 1501 W. Washington Suite #344 Phoenix, AZ 85007 "—Please do so as soon as possible. The first disbursement is scheduled for sometime mid October, 2013. Disbursements will not be processed until both signed documents are returned. If you have any questions about your budget, please do not hesitate to contact me at (602) 452-3463. Sincerely, Carol Banegas-Stankus Arizona Supreme Court Adult 'Probation Services Division (602) 452-3463 cbanegas@courts.az.gov 2 Arizona Supreme Court Administrative Office of the Courts FUNDING AGREEMENT FOR DRUG, GANG AND VIOLENT CRIME CONTROL PROGRAM GRANT MARICOPA COUNTY SUPERIOR COURT CLERK OF THE COURT Cycle 27 Fiscal Year 2014 July 1, 2013 — June 30, 2014 This Agreement is entered into by and between the Administrative Office of the Courts, herein referred to as the "AOC," on behalf of the Arizona Supreme Court, and Maricopa County Superior Court, herein referred to as "Grantee," in accordance with A.R.S. §41-2405(B)(6). RECITAL Pursuant to A.R.S. §4 I -2405(B)(6), Drug, Gang and Violent Crime Control monies, through the Arizona Criminal Justice Commission's Grant, are provided to the Grantee to enhance the ability of the courts to provide services to enhance drug, gang, and/or related violent crime control efforts to deter, investigate, prosecute, adjudicate and treat drug, gang and related violent offenders. Grant funds shall only be expended on adult offenders. This Agreement with the attached Addenda and Exhibits establish the terms and conditions for the allocation of ACJC grant monies to the Grantee. The Addendum A is attached as Exhibit A and Performance Measures are attached as Exhibit B. The 2014 ACJC Grant Agreement is attached as Exhibit C. The Grantee agrees to expend $132,995.00 grant monies in accordance with the budget set forth in the Addendum A for purposes of implementing the plan approved by the Supreme Court and the Arizona Criminal Justice Commission. TERMS AND CONDITIONS 1. Terms of Agreement This Agreement becomes effective on July 1, 2013, and shall remain in effect through June 30, 2014. 2. Arizona Criminal Justice Commission (ACJO Grant Agreement The Grantee agrees to abide by all provisions of the ACJC Drug, Gang and Violent Crime Control Program agreement, attached is Exhibit C. 3. Modification and Termination This Agreement may be modified or terminated by the AOC if in its judgment such action is necessary due to: (a) funding availability; (b) statutory changes in the program; (c) the Grantee's failure to implement or operate the approved plan; (d) the Grantee's non-compliance with this Agreement, A.R.S. §41-2405(B)(6), or the Arizona Criminal Justice Commission Grant Agreement; (e) requisite reports are not received within the time frames set out in Section 5 of this Agreement; (f) established performance measures are not achieved (Exhibit B, attached and incorporated herein); or, (g) other circumstances that necessitate such action. Either party may, upon thirty (30) days written notice to the other party by certified mail, terminate this Agreement. Any modifications to the Plan, Addenda, or Funding Agreements must be approved in writing by the AOC. 4. Fund Accounting Funds distributed to the Grantee shall be deposited in a Special Revenue Fund established for the execution of this Agreement pursuant to Section HI(B) of the Auditor General's Uniform Accounting Manual for Arizona Counties. 5. Expenditures a. Distribution of Funds. The AOC may retain all or any portion of the funds allocated to the Grantee for the performance of its approved plan and may authorize direct expenditures for the benefit of the Grantee. The specific amounts to be retained by the AOC for direct expenditures for the benefit of the Grantee and to be disbursed to the Grantee are set forth in Addendum A to this Agreement. The AOC may periodically modify the distribution of funds contained in Addendum A based on its determination of the Grantee's need for and usage of the grant funds. b. Reporting Requirements. The Grantee agrees to submit periodic financial and performance reports as required by the AOC. The Grantee shall submit quarterly performance and financial status reports in accordance with the following schedule: Quarter Report Period Due Date 1st :julY11; 201316 September 30, 2013 October 11,2013 2'd 3rd October 1, 2013 to December 31, 2013 January 10, 2014 4th ".Tanu.* : 1;11714:t0!1S44r0 I;; :2014 • April 11,2014 April .1, 2014 to June 30, 2014 July 11,2014 Closing Report 1,,; 2014 tO JO:tie: 30; 2014:: August 8, 2014 In the event reports are not received on or before prescribed dates, funding will be suspended until such time as delinquent reports are received. c. Unexpended Funds. Funds unencumbered as of June 30, 2014, and unexpended, shall be transmitted to the AOC no later than August 15, 2014. The Grantee agrees to expend all encumbered funds within sixty (60) days of expiration of this grant, and all goods and/or services must be received by the Grantee within sixty (60) days expiration of this grant. The reversion shall be accompanied by a closing financial statement signed by the Presiding Superior Court Judge. d. inappropriate Expenditures. The Grantee shall expend funds only for the purposes and uses specified in the approved plan and budget The Grantee agrees to reimburse. the Grant for any unauthorized or inappropriate expenditures which are not in compliance with the approved plan and budget, this Agreement, and A.R.S. §41-2405(B)(6). e. Budget Modifications. Funds shall not be shifted to or from any budget category without prior written approval from the AOC. All budget modifications shall be in accordance with the AOC Budget Modification Policy and the ACJC Drug, Gang and Violent Crime Control Grant award and Agreement. f. Termination of Funding. In the event that this Agreement is terminated, all unexpended funds in the possession of the Grantee shall be returned to the AOC within thirty (30) days of such termination, along with, but not limited to: (1) a closing financial statement; (2) a final report outlining the program achievements; and (3) an inventory, including serial numbers, of all equipment purchases with grant monies. If termination is due to failure of the Grantee to comply with this agreement, the AOC may require return of equipment and supplies purchases with grant funds. 6. Limitation on Expenditures It is expressly agreed upon by the AOC and the Grantee that funds distributed pursuant to this Agreement are to be expended to provide direct services in accordance with the approved Plan, the requisite Addenda to the Plan and Funding Agreement. It is further expressly agreed upon by the AOC and the Grantee that funds distributed pursuant to this Agreement are not to be expended for any indirect costs that may be incurred by the Grantee for administering these funds. This includes, but is not limited to, cost for services such as accounting, payroll, data processing, purchasing, personnel, and building use which may have been incurred by the Grantee to administer these funds. 7. Use, Loss and Disposition of &liniment Equipment is a restricted category. Express written approval from ACJC and the AOC is required for the purchase of equipment. Equipment must be used as required in the approved Plan for at least five (5) years, unless written permission is given by the AOC. After this time, the equipment may be transferred upon approval of the presiding judge. The Grantee is responsible for any maintenance, loss or damage to the equipment and the AOC makes no assurances regarding its repair or replacement. Equipment which is no longer needed or usable shall be surplused as required by this Agreement. If no such requirements are included in this Agreement, then local surplus property procedures may be utilized. Prior approval for the disposition of equipment must be obtained from the AOC before any action is to be taken. 8. Non-Supplanting The Grantee agrees that grant monies will not be used to supplant state and local funds that would otherwise have been available to provide services to enhance drug, gang, and/or related violent crime control efforts to deter, investigate, prosecute, adjudicate and treat drug, gang and related violent offenders. 9. Books and Records a. Financial Records and Examination. The Grantee shall maintain and shall require its subcontractors to maintain acceptable accounting systems, records, and documents to properly reflect all funds expended in the performance of the approved plan. All books, records, and other documents relevant to this Agreement shall be retained by the Grantee and its subcontractors for a period of five (5) years after the final payment 3 has been made, or until after the resolution of any audit questions or contract disputes, whichever is longer. Grantee, state, or federal auditors, as applicable, and any other persons duly authorized by the AOC shall have full access to, and the right to examine, audit, copy, and make use of any and all said materials. All subcontracts shall include a provision acknowledging the authority of the AOC to conduct such audits or examinations. b. Program Records and Evaluation. As a condition of receipt of grant monies, the Grantee agrees to maintain and provide to the AOC such data and statistics as may be required by the AOC for purposes of evaluation. All records and documents relevant to this Agreement shall be retained by the Grantee and its subcontractors for a period of five (5) years. Authorized agents of the AOC shall have full access to, and the right to examine, copy, and make use of, any and all said materials. The Grantee further agrees that authorized agents of the AOC shall have the right to conduct on-site visits for purposes of compliance monitoring and program evaluation. All subcontracts shall include a provision acknowledging the authority of the AOC to conduct such inspections and evaluations. 10. Performance and Liability Except as otherwise provided by law, in the performance of this Agreement and the Grantee's approved plan, both parties will act in their individual governmental capacities and not as agents, employees, partners, joint ventures, or associates of each other. The employees, agents, or subcontractors other of one party shall not be deemed or construed to be the employees or agents of the party. Each party agrees to be solely responsible for actions of its employees under this Agreement, and to indemnify and hold the other harmless for the actions of its own employees. 11. Insurance_Requiremeuta If contractors are used to provide services under this Funding Agreement, contractors shall comply with all insurance requirements as set forth in Exhibit A of the Arizona Criminal Justice Commission Grant Agreement, Insurance Requirements attached as Exhibit C. ARIZONA SUPREME COURT MARICOPA COUNTY Administrative Office of the Courts SUPERIOR COURT Mike ON: Cujitally co.Mike signed &bumble*, by Mike aaumsturk b.:Supreme By: Baumstark ernaldl.mbaumstark@oourrs.az Court, ou.Execubye Mice, ,gov, c=US Cate: 2013.08.27 13:35:12 -0700 Mike Baumstark, Deputy Director Presiding S-uperisf Court Judge Date: ADDENDUM A DRUG ENFORCEMENT ACCOUNT FISCAL YEAR 2014 MARICOPA COUNTY ADJUDICATION - CLERK Addendum date: July 1, 2013 Note: This addendum supersedes all previously dated addenduins. APPROVED FTE'S TOTAL AMOUNT AWARDED: $132,995 Personnel P0/S0 0.00 Personnel - Other 3.80 Total 3.80 APPROVED BUDGET Salaries & Fringe Benefits: Personnel - Case Carrying P0/S0 Personnel - Other 94,537 ERE 38,458 Salaries & Fringe Benefits Total 132,995 113. Overtime C. Professional & Outside/Consultant & Contractual Services Operating Expenses Equipment (Restricted Category) — !TOTAL AMOUNT TO BE DISBURSED 2nd Qtr 3rd Qtr 4th Qtr $33,249 $33,249 $33,248 :ORANTErioicHAMOuNT. Personnel - Other 23,635 ERE 9,614 Operating Expenses TPTA11::MATDN:AMOLINT 33,249 Signed: Digitally signed by Kathy Waters K athy Waters Court, cn=Kathy ou=Adult Waters, Probation o=Arizona Services Supreme Division, . ernatl=kwaters@courts,az.gov, c=US Date: 2013.09.17 09:57:03 -0700' Director, Adult Probation Services Division, AOC Signed: Presiding Superior Curt Judge Date Finance Office Receipt: Date NMSD \FY20141DEAladdencra (7-1-13) bw EXHIBIT B Arizona Supreme Court Administrative Office of the Courts FUNDING AGREEMENT FOR DRUG, GANG & VIOLENT CRIME CONTROL PROGRAM GRANT MARICOPA COUNTY SUPERIOR COURT - ADJUDICATION CLERK OF THE COURT Cycle 27 Fiscal Year 2015 July 1,2014 — June 30, 2014 Performance Measures Performance Measures as identified in the Drug, Gang & Violent Crime Control Program Grant Cycle 27 Plan are: Performance Measure 1 Goal: To increase the Court's ability to provide timely adjudication services for drug offenders. Objective: To maintain the rate of processing drug offender minute entries based on FY13 actuals. Calculation: Total number of minute entries processed within 48 hours during the reporting period divided by the total number of minute entries that were required to be processed during the reporting period. FY 2013 ' . •Actums FY 2014 TARGET Average (per Quarter) 6,285 Average (per Quarter) 6,474 Rate of Completion 95% Rate of Completion 98% ARIZONA CRIMINAL JUSTICE COMMISSION APPUNA Drug, Gang, and Violent Crime Control GRANT AGREEMENT ACJC Grant Number DC-14-003 State Funded Grant Program This Grant Agreement is made this 1 st day of July, 2013, by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called "COMMISSION" and STATE OF ARIZONA, through Arizona Administrative Office of the Courts hereinafter called "GRANTEE". The COMMISSION § 41-2405 enters into this Agreement pursuant to its authority under the provisions of A.R.S. (B)(6), and having satisfied itself as to the qualification of GRANTEE; NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on July 1, 2013 and terminate on June 30, 2014. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COMMISSION, A request for an extension must be received by the COMMISSION sixty (60) days prior to the end of the award period. The COMMISSION in its sole discretion may approve an extension to further the goals and objectives of the program, and to determine the length of any extension. 2. GRANTEE agrees that grant funds will be used in accordance with applicable program rules, guidelines and special conditions. 3. The COMMISSION will monitor GRANTEE performance against program goals and performance standards and those outlined in the grant application. Substandard performance as determined by the COMMISSION will constitute noncompliance with this Agreement. If the COMMISSION finds noncompliance, the GRANTEE will receive a written notice which identifies the area of noncompliance, and the appropriate corrective action to be taken. the GRANTEE does not respond within thirty (30) calendar days to this notice, and does not If provide sufficient information concerning the steps which are being taken to correct the problem, the COMMISSION may suspend funding, permanently terminate this Agreement or revoke the grant. 4. Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COMMISSION approval may constitute sufficient reason for the COMMISSION unspent to terminate this Agreement, revoke the grant, require the return of all spent funds, perform an audit of expended funds, and require the return of any previously funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 5. This Agreement may be modified only by a written amendment signed by the Executive Director or by persons authorized by the Executive Director on behalf of the COMMISSION and GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A, If to the COMMISSION: Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 2.30 Phoenix, Arizona 85007 Attn: Program Manager aProgramNameo AOC Grant Number 4tGrantNumber.* Page 2 B. If to the GRANTEE: Arizona Administrative Office of the Courts 1501 W Washington Suite 344 Phoenix, Arizona 85007 Attn: Director Kathy Waters 6. For grant awards above $100,000, GRANTEE may make budget adjustments of up to ten (10) percent of the total grant among approved budget categories excluding equipment. Written approval from the COMMISSION in advance is required if GRANTEE wishes to make adjustments or reprogram in excess of ten (10) percent or if GRANTEE wishes to purchase equipment not previously approved. For grant awards less than $100,000, GRANTEE may make budget adjustments among approved categories excluding equipment as long as there are no changes to the purpose or scope of the project. If GRANTEE wishes to purchase equipment not previously approved, written approval from the COMMISSION in advance is required. APPROVED LINE ITEM PROGRAM BUDGET FPersonnel: Salaries Fringe Benefits (for salaries/overtime) $22,412.00 Overtime $8,293.00 Professional & Outside/Consultant & Contractual Services Not Approved Travel In-State $1,674,831.00 Travel Out-of-State Not Approved Confidential Funds Not Approved Operating Expenses: Not Approved Supplies Not Approved Registration/Training Not Approved Other Not Approved Equipment Not Approved Capital Not Approved Noncapital Not Approved Not Approved TOTAL $1,705,536.00 7. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $1,364,429,00 in state funds, The matching amount for this award is $341407.00. 8. Every payment obligation of the COMMISSION under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the COMMISSION, No liability shall accrue to the COMMISSION in the event this provision is exercised, and the COMMISSION shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the COMMISSION. All such *ProgramNamao AOC Grant Number it Grantilkornbero Page 3 documents shall be subject to inspection and audit at reasonable times, including such records of any subgrantee, contractor, or subcontractor. 10, GRANTEE agrees to abide by Federal and State laws and provide accounting, auditing and monitoring procedures to safeguard grant funds and keep such records to assure proper fiscal controls, management and the efficient disbursement of grant funds. 11. For the purpose of this grant, a capital expenditure is $5,000 or above. If GRANTEE'S policy defines a capital expenditure as less than $5,000, GRANTEE will use its own policy, 12, GRANTEE agrees to maintain property records for equipment purchased with grant funds and perform a physical inventory and reconciliation with property records at least every two years or more frequently based on GRANTEE policy. GRANTEE agrees that funds will not be used for the construction of new facilities. 13. GRANTEE agrees to follow its own agency equipment disposition policies when the equipment is no longer needed for the grant program. If GRANTEE has no policy, reference the Uniform Accounting Manual for Arizona Counties authorized by the Auditor General for disposition guidelines and guideline development. Link: Uniform Accounting Manual for An'zona CountieshttrYllwww ,auditorgen,state,az.us 14, GRANTEE agrees that all salaried personnel (including subgrantee personnel) whose activities are to be charged to the award will maintain timesheets or certifications to document hours worked for activities related to this award and non-award related activities. GRANTEE agrees to keep time and attendance sheets for hourly employees signed by the employee and supervisory official having firsthand knowledge of the work performed by the grant-funded employees. 15. GRANTEE agrees that it will submit financial and activity reports to the COMMISSION in a format provided by the COMMISSION, documenting the activities supported by these grant funds and providing an assessment of the impact of these activities which may include indicated documentation of project milestones. In the event reports are not received on or before the received. date(s), funding may be suspended until such time as delinquent report(s) are Mandated activity and financial reports are submitted according to the following schedule(s): ACTIVITY REPORTS Report period: Due_Date:-1 Jul 1- Sep 30 October 20 Oct 1- Dec 31 January 20 Jan 1- Mar 31 April 20 22.10 July 20 FINANCIAL REPORTS Report Period: Due Date: Jul 1- Sep 30 October 25 Oct 1- Dec 31 January 25 Jan 1- Mar 31 April 25 Apr 1- Jun 30 July 25 More frequent reports may be required for GRANTEES who are considered high risk. eprogramNameo AOC Grant Number gr GrantNumber• Page 4 16, GRANTEE understands that financial reports are required as an accounting of expenditures for either reimbursement or COMMISSION-approved advance payments, Reports are due pursuant to the schedule above, 17. The final request for reimbursement of grant funds must be received by the COMMISSION no later than sixty (60) days after the last day of the award period. 18. All goods and services must be received or have reasonable expectations thereof and placed in service by GRANTEE by the expiration of this award. 19. GRANTEE agrees that all encumbered funds must be expended and that goods and services must be paid within sixty (60) days of expiration of this award. 20. GRANTEE agrees to remit all unexpended grant funds to the COMMISSION within thirty (30) days of written request received from the COMMISSION. 21. GRANTEE agrees to obtain written COMMISSION approval for all sole source procurements in excess of $100,000. 22. GRANTEE agrees to obtain written COMMISSION approval prior to the expenditure of grant funds for consultant fees in excess of $450 per day. 23. GRANTEE agrees not to use grant funds for food and/or beverage unless explicitly approved in writing by the COMMISSION, 24. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of state or local funds because of the existence of any grant funds. 25. GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to GRANTEE in exchange for grant funds provided under this Agreement. 26. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501-12-1518. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as pertaining to disputes which are subject to arbitration. 27. GRANTEE understands that grant funds may not be released until all delinquent reports and reversion of funds from prior grants are submitted to the COMMISSION. 28. GRANTEE agrees that grant funds are not to be expended for any indirect costs that may be incurred by GRANTEE for administering these funds unless explicitly approved in writing by the COMMISSION. This may include, but is not limited to, costs for services such as accounting, payroll, data processing, purchasing, personnel, and building use which may have been incurred by the GRANTEE. 29. GRANTEE understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, recoupment of monies provided under an award, and civil and/or criminal penalties. *ProgramName* AOC Grant Number A'GraleNUMbenfr Pages 30. Each party (as "Indemnitor") agrees to indemnify, defend and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the lndemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers, officials, agents, employees, or volunteers. If GRANTEE is a State agency this paragraph does not apply. 31. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s), if any to indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of its owners, officers, directors, agents, or employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Indemnitee, be indemnified by contractor from and against any and all claims. It is agreed that contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this grant, the contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the contractor for the State of Arizona, Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit "A". 32. GRANTEE agrees to notify the COMMISSION within ten (10) days in the event that the project official is replaced during the award period. 33. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COMMISSION. 34. GRANTEE agrees that no funds provided, or personnel employed under this Agreement, shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 35. GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 36. GRANTEE agrees to cooperate and participate with any and all assessments, evaluation efforts or information and data collection requests, and acknowledges that the state grantor agency has the right to obtain, reproduce, publish or use data provided under this award and may authorize others to receive and use such information. 37. GRANTEE shall provide the COMMISSION with a copy of all interim and final reports and proposed publications (including those prepared for conferences and other presentations) srProgramNarilea, ACC Grant Number irGrantNumber* Page 6 resulting from this Agreement. Submission of such materials must be prior to or simultaneous with their public release. 38. GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 92 U.S.C. 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 C.F.R. Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C, 0, E, G and I; Department of Justice regulations on disability discrimination 28 C.F.R. Part 35; all applicable state laws of A,R.S. § 41-1463; and Executive Order 2009-9, These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing against GRANTEE, GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. 39. GRANTEE assures that it will comply with all state and federal laws regarding privacy during the course of the award. All information relating to dients is to be treated with confidentiality. 40. GRANTEE agrees to comply with all grant management criteria included in the latest version of the AOC Grants Management Reference Manual. Link: AOC Grants Management Reference Manual http://azcjc.00v/pubs/home/021104 Manual GrantReferenceManual.Pdf 41, If GRANTEE is a governmental political subdivision, GRANTEE agrees to utilize the Data Dictionary, approved and distributed by the COMMISSION, as the data entry standard for information systems when Improving or updating an existing information system. GRANTEE agrees to utilize the Data Dictionary as the data entry standard in any new system or when an existing information system is replaced. The Data Dictionary is available upon request to AOC. 42. To support public safety and justice information sharing, GRANTEE, if a governmental subdivision, shall use the National Information Exchange Model (NIEM) specifications and guidelines for this grant. GRANTEE shall publish and make available without restrictions all schemas generated as a result of this grant to the component registry as specified in the guidelines. Link: https:Pwww.niem.goviprogram-managers/Pagesiimplementation-guide.aspx 43. To avoid duplicating existing networks or IT systems in any initiatives for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such Systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless GRANTEE can demonstrate to the satisfaction of the COMMISSION that this requirement would not be cost beneficial or would impair the functionality of an existing or proposed IT system. 44, If GRANTEE is a governmental political subdivision, GRANTEE should, to the extent possible and practical, .share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. orPragramName* AOC Grant Number cGrantNumber* Page 7 45, If GRANTEE is a state agency and the award is for the development of information technology projects for more than $25,000, GRANTEE must complete a Project Investment Justification (PIJ) and submit the justification to the Arizona Department of Administration (ADOA), with a copy to the COMMISSION. GRANTEE agrees to submit required project status reports to ADOA by the due dates and submit copies to the COMMISSION. If GRANTEE is not a state agency and the award is for the development of information technology projects, GRANTEE will follow local technology policies and guidelines. 46. GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. GRANTEE ensures compliance with A.R.S. § 41-4401 federal immigration laws by state employers and contractors. 47. In accordance with A.R.S. § 41-4401, GRANTEE warrants compliance with E-Verify and all federal immigration laws and regulations relating to employees and warrants compliance with A.R.S. § 23-214A. 48. Pursuant to A.R.S. § 35-391.06 and A.R.S. § 35-393.06, the GRANTEE hereby warrants, and represents that it does not have, and its subcontractors do not have, and during the term hereof will not have a scrutinized business operation in either Sudan or Iran. 49. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. This Agreement may also be cancelled at the COMMISSION'S discretion if not returned with authorized signatures to the COMMISSION within 90 days of commencement of the award. 50. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. 51. GRANTEE agrees to comply with all Special Condition(s) included with this Agreement on the Grant Agreement Continuation sheet. 52. GRANTEE understands that grant funds may not be released until GRANTEE is compliant with all requirements of grant agreement. ivPrograniName* ACJC Grant Nurnter f(GrantNumber* Page 8 Arizona Criminal Justice Commission DRUG, GANG AND VIOLENT CRIME CONTROL GRANT AGREEMENT CONTINUATION SHEET SPECIAL CON DITION(S) 1. GRANTEE agrees to the completion of the AC_jC Grantee Self-Assessment Questionnaire within 45 days of the start date of this award. 2. GRANTEE agrees to the completion of the Benchmarks Worksheet within 45 days of award. 3, GRANTEE assures if they are a state agency that the State Information Technology Point of Contact receive written notification regarding any information technology project funded by this grant. GRANTEE agrees to keep on file documentation showing that it has met this requirement. Authorized Official Initials: orProgramNameo AC_IC Grant Namber wGrisntNumberia Page 9 i?"' .1- ; IN WITNESS WHEREOF, the parties have made and executed the P4reerpi eft the day and year first above written. Arli.4.jfgA 7: FOR - Director' or ChierExecupie Officer Date -71>Ar4P oerv Printed Name and Title Additional signature(s) if required by political subdivision Date Printed Name and Title Date ATTEST: Clerk Date Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the Commission with the signed Agreement. Approved as to form and authority to enter into Agreement (Excluding non-profits): Legal counsel for GRANTEE Date Printed Name and Title Statutory or other legal authority to enter into Agreement (Excluding non-profits): St3 Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMI 4'-/' ./3 John A. BiSckb .; xecu Director Date Arizona Cr' Justice mission Revised 5/8/2012 irProgramName* ACX Grant Nunther d'GrantNurriber* Page 10 ARIZONA CRIMINAL JUSTICE COMMISSION GRANT AGREEMENT Insurance Requirements Exhibit 'IA" Insurance Requirements for Governmental Parties to an Intergovernmental Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Intergovernmental Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURAN_CEt Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability — Occurrence Form Policy shall include bodily Injury, property damage, personal injury and broad form contractual liability. • General Aggregate • Products — Completed Operations Aggregate $2,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability — Written and Oral $1,000,000 • Fire Legal Liability $1,000,000 • Each Occurrence $ 50,000 $1,000,000 a. The policy shall be endorsed to indude the following additional insured language: "The State of Arizona, Its departments, agencies, boards, commissions universities and Its officers, officials, agents, and employees :shall be named as additional Insureds with respect to liability arising out of the activities peiformed by or on behalf of the Contractor". (Note that the other governmental entity(les) is/are also required to be additional Insured(s) and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. 2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, wProgramName* ACIC Grant Number GrantNumbero Page 11 Exhibit "A" Continued commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, Involving automobiles owned, leased, hired or borrowed by the Contractor" b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) 3, Worker's Compensation and Employers' Liability Workers' Compensation Statutoiy Employers' Liability . Each Accident $ 500,000 Disease — Each Employee $ 500,000 Disease — Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITJONAL INSU_FtANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources, 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the 1GA. C. NOTICE OF CANCELLATION; With the exception of (10) day notice of cancellation for non- payment of premium, any changes material to compliance with this Contract in the insurance policies above shall require thirty (30) days written notice to the State of Arizona. Such notice shall be sent directly to the GRANTEE and the Arizona Criminal Justice Commission 1110 W. Exhibit "A" Continued IeProgramNameA ACC Grant Number oGrantNumbenr Page 12 Washington, Suite 230, Phoenix, AZ 85007 and shall be sent by certified mail, return receipt requested. D. ACCEPTABAITY OF INSURERS: Insurance is to be placed with duly licensed or approved non-admitted insurers in the State of Arizona with an "A.M. Best" rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the Arizona Criminal Justice Commission with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Arizona Criminal Justice Commission 1110 W, Washington, Suite 230, Phoenix, AZ 85007. The COMMISSION project/contract number and project description are to be noted on the certificate of insurance, The State of Arizona and the Arizona Criminal justice Commission reserve the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL,: Any modification or variation from the insurance requirements must have prior approval from the State of Arizona Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the- event the Contractor or sub-contractor(s) is/are a public entity, then Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- the Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, commission, or university then none of the above shall apply. board,