Grant Template - Arizona 9-1-1 Program

ARIZONA DEPARTMENT OF ADMINISTRATION
ARIZONA 9-1-1 PROGRAM
GRANT AGREEMENT
Grant Number: ADOA-AZ911-24-XX
This Grant Agreement (“Agreement”) dated as of _________, 2023 is between the ’, acting as System
Administrator, (“Grantee”), and the State of Arizona, acting through the Arizona Department of Administration
(“ADOA” or “Administrator”), (Grantee and ADOA sometimes, individually, a “Party,” or collectively,
“Parties”).
The Grantee is applying for the Public Safety Answering Points (PSAPs) in its service area as outlined in its
current Service Plan as filed with ADOA. Grantees must submit copies of executed Memorandum of
Understandings (MOUs) between each PSAP in its Service Plan and the System Administrator.
AUTHORIZATION; BACKGROUND
A.R.S § 41-704 authorizes the Arizona Department of Administration to administer the emergency
telecommunication services revolving fund (“Fund”) in accordance with A.R.S. 11-951; 11-952 and 41-101.01.
The Arizona 9-1-1 Program (“Program”) managed by the Arizona Strategic Enterprise Technology (ASET)
division of ADOA, is designed to assist Public Safety Answering Points (PSAPs), in collaboration with regional
and local jurisdictions, to perform activities related to implementation and operation of their respective emergency
telecommunication systems.
PURPOSE OF THE AGREEMENT
The purpose of this Agreement is the distribution and administration of funding per A.R.S § 41-704. ADOA
guidelines support the use of the Fund in accordance with the ARS § 41-704 for activities such as:
-
Adoption and operation of Next Generation 9-1-1 (NG9-1-1) services and applications, including
monthly recurring costs for 9-1-1 equipment, network, maintenance, and hardware and software support.
The National Emergency Number Association (NENA) defines NG9-1-1 as: an Internet Protocol (IP)
based system comprising managed Emergency services IP networks (ESInets), functional elements
(applications), and databases that replicate traditional E9-1-1 features and functions and provide
additional capabilities. NG9-1-1 is designed to provide access to emergency services from all connected
communications sources, and provide multimedia data capabilities for PSAPs and other emergency
services organizations.
-
Facilitation of the migration of the State’s PSAPs to the NG9-1-1 capabilities
-
Migration to an ESINet
-
Establishment of IP-backbone networks, connectivity, and application layer software
infrastructure needed to interconnect the multitude of emergency response organizations statewide
-
Implementation of solutions that meet or exceed the NENA, Federal Communications
Commission (FCC), international, and industry standards or requirements.
TERM, EFFECTIVE DATE AMENDMENT, AND TERMINATION
This Agreement and the Period of Performance will be effective on July 1, 2023 and terminate on June 30, 2024,
unless extended or terminated. This Agreement expires at the end of the Period of Performance unless prior
written approval for an extension has been obtained by the Grantee from ADOA, subject to termination (Section
5.2).
A request for an extension must be received by ADOA, sixty (60) days prior to the end of the Period of
Performance. ADOA, in its sole discretion, may approve an extension to further the goals and objectives of the
Program, and determine the length of any such extension. Only critical amendments will be considered by ADOA
and such amendments will only be entered into in writing and in the sole discretion of ADOA. Any requested
1

change, modification, or extension of this Agreement must be submitted through ADOA’s online grant
management system, eCivis, and approved by ADOA.
GRANTEE REPRESENTATIONS
1.
Grantee represents, as a condition to the Grant Award that the following representations are true and
understands that ADOA has relied upon these representations in its Award decision:
1.1 Grantee understands that for a PSAP to be eligible for funding through its System Administrator it
must meet the following Criteria:
1.1.1 Monitor the 9-1-1 service system level of service to ensure that the standards in Arizona
Administrative Code Section R2-1-407 are met. Once each fiscal year, the PSAP manager shall
obtain a report regarding the 9-1-1 level of service from the Originating Service Provider in the
local exchange area. If the report provided by the Originating Service Provider indicates that the
required service level is not being met, the PSAP manager shall:
i.
Request the telephone company to prepare plans, specifications, and cost estimates to
raise the level of service to that required in R2-1-407.
ii.
Notify the Assistant Director under R2-1-406 if, based on information provided by
the telephone company, modifications to the system are necessary.
1.1.2 Provide service to all callers within its service area 24 hours each day, 7 days a week. To
qualify as a primary or secondary PSAP, the PSAP must receive a minimum of three hundred
(300) 9-1-1 emergency calls per month per Arizona Administrative Code Section R2-1-408.
i.
If a PSAP does not receive a minimum of three hundred (300) 9-1-1 emergency calls
per month, the System Administrator must submit a letter of justification explaining
why the PSAP should qualify for funding. The letter of justification will be approved
or disapproved in the sole discretion of the State 9-1-1 Office.
1.1.3 Refer all calls entering the 9-1-1 service system that do not require a public or private
safety response unit to be dispatched to a non-9-1-1 telephone number.
1.1.4 Designate a telephone number other than 9-1-1 as a backup number in case the 9-1-1
service system fails. The designated alternate telephone number shall be published in the public
telephone directory by the local public safety agency.
1.1.5 Develop and maintain a system for recording 9-1-1 calls received by the PSAP. The records
shall be retained for at least 31 days from the date of the call and shall include the following
information:
a.
Date and time the call is received
b.
Nature of the problem
c.
Action taken by the dispatcher
1.1.6 Provide a current and valid GIS Support Memorandum of Understanding (MOU) with the
Arizona State 9-1-1 Program to ensure that there is the ability to geospatially route calls.
1.2 Grantee represents that it has exercised its due diligence to determine that the statements in Section
1.1 are true and accurate for each PSAP that is subject to this Grant Agreement.
2

1.3 Grantee represents that it will monitor continued compliance by the PSAPs under its jurisdiction with
the statements in Section 1.1 and agrees to inform ADOA in writing of any change in status during the term of the
Period of Performance and that such change may result in a change in its Award for the duration of the Period of
Performance.
1.4 Grantee must have signed GIS MOU with ADOA by June 30th, 2023 to ensure that GIS support
services are provided to each applicant whether through direct service or a third party.
1.5 Grantee agrees to allow ADOA to deploy a data analytic tool provided by the Arizona 9-1-1 Program
and work with all PSAPs within their 9-1-1 System and the Arizona 9-1-1 Program during implementation.
OBLIGATIONS OF THE PARTIES
2.
Responsibilities of the Grantee
2.1
Grantee agrees that Grant Funds granted to it under this Agreement will be used in accordance with
the approved application, applicable statutes, program rules,and guidelines.
Grantee agrees to cooperate and participate with any and all assessments, evaluation efforts or information and
data collection requests, and acknowledges that ADOA has the right to obtain, reproduce, publish, or use data
provided under this Award in accordance with applicable statutes, rules, and guidelines.
2.2 ADOA guidelines support the use of these Grant Funds granted under this Agreement in accordance
with the ARS § 41-704 for activities as follows:
2.2.1 Equipment
Necessary or appropriate equipment or service for implementing and operating emergency
telecommunication services through political subdivisions of this state. Priority shall be given to
establishing emergency telecommunication services in those areas of the state that are without
emergency telecommunication services. See 2.2.4 below regarding any GIS related services.
2.2.2 Contractual Costs:
a.
Monthly recurring costs of emergency telecommunication services, including
expenditures for capital, maintenance and operation purposes.
b.
A wireless carrier's costs associated with the provision, development, design,
construction and maintenance of the wireless emergency telecommunication services in
an amount that the wireless carrier has not recovered through the deduction mechanism
specified in federal law.
2.2.3 Administrative Costs:
ARS § 41-704, section B, subsection 2, allows Administrative Costs to be ⅓of 5% of the total
Fiscal Year 2022 State 911 Revenue to be used for necessary or appropriate costs or consultant
fees. Administrative funding will be allocated using the below formula:
System Award × 1.67%. Grantee agrees that the following types of activities will be reimbursed
only through Administrative Costs and subject to the aggregate limitation on such costs:
a.
Personnel. Costs associated with administrative oversight of managing local contracts and
technical support.
Costs associated with GIS coordinator, if it is an employee of the
System Administrator’s agency.
b.
Fringe Benefits. Employee related expenses associated with administrative oversight of
managing local contracts and/or GIS coordinator.
c.
Travel. Travel requests for training, conferences, etc. related to System Administrator
and/or GIS coordinator functions.
Travel costs will only be reimbursed based on the
State rate per diem identified in SAAM 50.
d.
Supplies. Costs associated with supplies related to System Administration functions.
3

e.
Other Costs. Training or education assistance related to System Administration and/or
GIS coordinator functions.
2.2.4 Special Requirements: Contractual - GIS Projects:
In order to receive funding from the Arizona State 9-1-1 Program to support GIS NG9-1-1
projects, the 9-1-1 system must meet the following requirements:
a.
Have a current and valid GIS Support MOU (Memorandum of Understanding) with the
Arizona State 9-1-1 Program, which outlines the terms and conditions for providing GIS
services and support.
b.
Be committed to comply with all GIS requirements for geospatial call routing, which
includes having accurate and up-to-date geographic data for the areas covered by the
9-1-1 system.
c.
Have demonstrated a need for the funding to support the implementation or maintenance
of GIS capabilities. This means that the 9-1-1 system has identified specific projects or
activities that require funding to improve or maintain its GIS capabilities, and has
provided evidence or documentation to support the need for the funding.
Priority of GIS Work: The PSAPs are responsible for doing the GIS work in the following
order of priority:
1.
Directly
2.
Utilizing Program Staff
3.
Through existing State GIS contracts regardless of funding availability.
2.2.5 Restrictions on Use of Grant Funds:
Grant Funds granted under this Agreement may not be used for any other purposes than
specifically specified above including, without limitation, for the following kinds of activities:
1.
Costs associated with PSAP relocation, move, or remodel;
2.
Back-up sites;
3.
Late payment fees, unless approved in advance and in writing;
4.
Equipment replacement not pre approved pursuant to the grant process;
5.
Buildings, facilities, or vehicles.
2.3 Service Plans
Grantees must submit a current Service Plan to ADOA. If a Service Plan is not complete, a letter
requesting an extension with an estimated completion date must be submitted and approved before the
Grant Award and before any financial reimbursements will be made.
2.4 Memorandum of Understanding
Grantees must submit copies of executed Memorandum of Understandings (MOUs) between each
System’s PSAP and the System Administrator before financial reimbursements will be made. MOUs must
outline the relationship between the entities to allow the System Administrator to act on behalf of the
PSAP within its region.
2.5 Financial
Grantee understands that Grant Funds awarded under this Agreement may not be released until Grantee is
compliant with all requirements of this Agreement. Grantee agrees to pay vendors in a timely manner on
behalf of the PSAPs in their jurisdictions. Late fees on invoices will not be reimbursed by ADOA.
The final request for reimbursement of Grant Funds must be received by ADOA no later than forty-five
(45) days after the last day of the Performance Period. All goods and services must be received or have
4

reasonable expectations thereof and placed in service by Grantee by the expiration of the Performance
Period.
Grantee agrees that all encumbered Grant Funds must be expended and that goods and services must be
paid within forty-five (45) days of expiration of the Performance Period. After that any unexpended Grant
Funds must be remitted to ADOA.
2.6 Reporting Requirements
Grantee agrees that it will submit financial reports to ADOA in a format provided by ADOA,
documenting the activities supported by the Program and this Agreement and provide an assessment of
the impact of these activities. In the event reports are not received on or before the indicated date(s),
funding may be suspended until such time as delinquent report(s) are received.
Grantee understands that financial reports are required as an accounting of expenditures for either
reimbursement or ADOA-approved payment purposes.
Required GIS and financial reports must be submitted according to the following schedule(s):
Report Type
Due Date
Programmatic Reports - defined below
GIS Data
Quarter 1 - September 30th, 2023
Quarter 2 - December 31st, 2023
Quarter 3 - March 31st, 2024
Quarter 4 - June 30th, 2024
Financial Reports - details below
Monthly request for reimbursement
Monthly on the 25th
*More frequent reports may be required for Grantees who are considered high risk as determined by the
Program in its sole discretion.
RESPONSIBILITIES OF THE STATE
3. It is agreed and understood that the total to be paid by ADOA under this Agreement shall not exceed $XXXX
(Award). Once the financial reimbursement request is approved by ADOA, payment to Grantee will be completed
within 10 business days.
APPROVED LINE ITEM PROGRAM BUDGET
Personnel
Fringe Benefits
Equipment
Contractual/Outside Services
GIS Services
Administrative Costs
5

GRANT ADMINISTRATION AND OPERATION
4.1 Records
Under A.R.S. § 35-214 and § 35-215, the Grantee shall retain any and all Data and other “records”
relating to the acquisition and performance of this Agreement for a period of five (5) years after the
completion of the Award.
4.2 Non-Discrimination
The Grantee shall comply with State Executive Orders No. 2023-01, 2009-09, and any and all other
applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.
4.3 Audit
Pursuant to A.R.S. § 35-214, at any time during the term of this Agreement and five (5) years thereafter,
the Grantee’s books and records shall be subject to audit by the State and, where applicable, the Federal
Government, to the extent that the books and records relate to the performance of this Agreement. All
records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Grantee
shall produce a legible copy of any or all such records.
4.4 Facilities Inspection and Materials Testing
The Grantee agrees to permit access to its facilities, and the Grantee’s processes or services, at reasonable
times for inspection of the facilities or materials covered under this Award. The State shall also have the
right to test, at its own cost, the materials to be supplied under this Award. Neither inspection of the
Grantees facilities nor materials testing shall constitute final acceptance of the materials or services.
4.5 Advertising, Publishing and Promotion of Award
The Grantee shall not use, advertise or promote information concerning this Award without the prior
written approval of the Administrator.
4.6 Immigration
In accordance with A.R.S. § 41-4401, Grantee warrants compliance with all Federal immigration laws
and regulations relating to employees and warrants its compliance with Section A.R.S. § 23- 214,
Subsection A. Grantee shall comply with all federal, state and local immigration laws and regulations
relating to the immigration status of their employees during the term of the Award. The State shall retain
the right to perform random audits of Grantee records or to inspect papers of any employee thereof to
ensure compliance. Should the State determine that the Grantee be found noncompliant, the State may
pursue all remedies allowed by law, including, but not limited to: suspension of work, termination of the
Award for default and suspension.
4.7 Personnel
Grantee warrants that its personnel will perform their duties under this Agreement in a professional
manner, applying the requisite skills and knowledge, consistent with industry standards, and in
accordance with the requirements of the Award.
4.8 False Statements
Grantee represents and warrants that all statements and information Grantee prepared and submitted in
response to the Request for Grant Application or as part of the Grantee documents are current, complete,
true, and accurate. If the Administrator determines that Grantee submitted an application with a false
statement, or makes material misrepresentations during the performance of the Award, the Administrator
may determine that Grantee has materially breached this Agreement and may void the submitted
application and any resulting Agreement.
6

TERMS AND CONDITIONS
5.1 Availability of Grant Funds for the Current State Fiscal Year
Should the State Legislature enter back into session and amend A.R.S § 41-704, amend any related
statute, or for any other reason, the related services will not be funded and the State may take any of the
following actions:
●
Decrease the Award to the Grantee;
●
Cancel the Award; or
●
Cancel the Award and re-solicit.
5.2 Termination
5.2.1 The State may terminate the Agreement in whole or in part due to the failure of the System
Administrator to comply with any term or condition of the Agreement, or to make satisfactory
progress in performing the Agreement. The State shall provide written notice of the termination
and the reasons for it to the System Administrator. Upon termination under this paragraph, all
documents, data, and reports prepared by the System Administrator under the Agreement shall
become the property of and be delivered to the State on demand.
5.2.2 The State may, upon termination of this Agreement, procure, on terms and in the manner that it
deems appropriate, materials or services to replace those under this Agreement.
5.2.3 The System Administrator shall continue to perform, in accordance with the requirements of the
Agreement, up to the date of termination, as directed in the termination notice.
5.2.4 Any deviation or failure to comply with the purpose and/or conditions of this Agreement without
prior approval may constitute sufficient reason for ADOA to terminate this Agreement, revoke the grant,
require the return of all unspent Grant Funds, perform an audit of expended Grant Funds, and require the
return of any previously spent Grant Funds which are deemed to have been spent in violation of the
purpose or conditions of this grant.
5.3 Entire Agreement
This Agreement contains the entire Agreement of the Parties with respect to its subject matter and
supersedes all prior and contemporaneous Agreements, understandings, and inducements, whether
express or implied, oral or written. This Agreement has been arrived at by negotiation and shall not be
construed for or against any Party.
5.4 Waiver
The failure of either Party to insist in any one or more instances upon the full and complete performance
of any of the terms and provisions of this Agreement to be performed by the other Party or to take any
action permitted by this Agreement shall not be construed as a waiver or relinquishment of the right to
insist upon full and complete performance of the same or any other covenant or condition either in the
past or in the future. The acceptance by either Party of sums less than may be due and owing at any time
shall not be construed as an accord and satisfaction.
5.5 Governing Law
The substantive laws of Arizona (without reference to any choice of law principles) shall govern the
interpretation, validity, performance and enforcement of this Agreement. The Parties further agree to
cooperate in all ways reasonable and necessary to comply with the applicable statutes, including
amending this Agreement as needed in the future and making any refunds or payments that might be
required to bring the Parties into full compliance with applicable law.
5.6 Assignment; Delegation
7

Nothing in this Agreement is intended to create any third-party beneficiary rights; and the State and the
Grantee expressly state that this Agreement does not create any third-party rights of enforcement. Except
as expressly provided herein, no Party may delegate or assign its rights or responsibilities under this
Agreement without prior written approval of the other Party and any purported assignment or delegation
in violation of this provision shall be void.
5.7 Counterparts
This Agreement may be executed in any number of counterparts, all such counterparts shall be deemed to
constitute one and the same instrument, and each of said counterparts shall be deemed an original hereof.
5.8 Business Day
If the last day of any time stated herein shall fall on a Saturday, Sunday, or legal holiday in the State of
Arizona, then the duration of such time shall be extended so that it shall end on the next succeeding day
which is not a Saturday, Sunday, or legal holiday.
5.9 Arbitration
The Parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement
through arbitration, after exhausting applicable administrative review, to the extent required by A.RS. §
12-1518, except as may be required by other applicable statutes.
5.10 Notifications
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.
All notices required or permitted under this Agreement shall be given in writing and addressed as follows:
A. If to the Arizona 9-1-1 Program of ADOA:
Arizona Department of Administration
100 North 15th Avenue, Suite 302
Phoenix, AZ 85007
Attention: Arizona 9-1-1 Program
B. If to the Grantee:
8

IN WITNESS WHEREOF, the parties have made and executed the Agreement for the date first above written.
FOR GRANTEE:
Authorized Signatory
Date
Printed Name and Title
Date
Additional signature(s) if required by political subdivision
Date
Printed Name and Title
Date
FOR ARIZONA DEPARTMENT OF ADMINISTRATION:
Arizona 9-1-1 Program
Date
Arizona Department of Administration
9