CNA21-301 GRANT CONTRACT D250 CESTB.PDF

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CONSTABLE ETHICS,
STANDARDS & TRAINING BOARD

GRANT AWARD CONTRACT
GRANT NO. CNA21-301
Project Title: Ammunition
Grant Award Amount: $ 4,985.51

This Agreement Shall Become Effective: Upon the date a fully-executed original is received by the Constable
Ethics, Standards and Training Board (“Board”).

Termination Date: June 30, 2021 This agreement expires on this date unless prior written approval for an
extension has been obtained from the Board. The Board in its sole discretion may approve an extension to
further the goals and objectives of this Grant Award Contract, and to determine the length of any extension.

TERMS OF AGREEMENT

This Grant Award Contract is entered into by GRANTEE, and the BOARD, through its Chairman pursuant to
authority granted to the Board by A.R.S. § 22-137 and A.R.S. § 22-138 and in accordance with A.R.S. § 41-2701 et
seq. The parties agree to fulfill the terms and conditions of this Grant Award Contract and to abide by all
contractual terms, statutes and regulations governing the expenditure of Board funds.

This Grant Award Contract shall constitute the entire agreement between the parties, superseding any and all other
oral or written understandings.

The parties hereto agree to carry out the Provisions of this Grant Award Contract.

GRANTEE BOARD

Maricopa County Constable Ethics, Standards and Training Board
Signature of Authorized Individual Date Signature of Authorized Individual Date

JA x Lhe MAR 3.0 2024 Suk OL-.b 204
Typed/Printed Name & Title (BELOW): Typed Name & Title (BELOW):

CHAIRMAN BOARD OF SUPERVISORS } Scott Blake
Chairman
JACK SELLERS

as MAR 30 2021
of the Osis

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Definitions =:

As used throughout this Grant Award Contract, including the General Provisions and the Scope of Work, the following
terms shall have the meaning set forth below:

1.
2.

we

aa

10.

II.

“Board” means the State of Arizona Constable Ethics, Standards & Training Board.

“Chairman” means the agency head of the Board or a person duly authorized by the Chairman to act on the
Chairman’s behalf.

“Deliverables” means the reports, documentation, and other materials developed for submission to the Board by
the Grantee in the course of the Grantee’s performance under this Grant Award Contract.

"Grant Application" means the application filed by the Grantee upon which this Grant Award Contract was
awarded.

“Grant Award Contract” means this Grant Award Contract between the Board and Grantee.

“Grant Award Contract Amendment” means a written document, signed by an authorized representative of both
parties for the purpose of making changes to the Grant Agreement.

“Grantee” means the county, person, firms, or organization performing the work or delivering the items described
in this Grant Award Contract.

"Records" means all books, accounts, reports, receipts, files and other records relating to this Grant Award
Contract.

“Scope of Work” means that part of this Grant Award Contract that describes the work to be performed by the
Grantee to accomplish the Project purpose under this Grant Award Contract. If the Scope of Work conflicts with
the General Provisions, the terms of the Scope of Work shall govern.

The use of the word “shall” means the action described is mandatory under this Grant Award Contract and/or
applicable law.

"State" means the State of Arizona, including the Board.

General Requirements

Governing Law and Dispute | Resolution This Grant Award Contract shall be governed by and constructed in
accordance with the laws of the State of Arizona. Disputes arising during the performance of this Grant Award
Contract will be resolved to the maximum extent possible through cooperation and coordination of the Grantee
and the Board. If the parties are unable to resolve their differences by agreement, the parties agree to resolve all
disputes arising out of or relating to this Grant Award Contract through arbitration, after exhausting applicable
administrative review, to the extent required by A.R.S. § 12-1518 except as may be required by other applicable
statutes. Any litigation regarding this Grant Award Contract must be maintained in Arizona courts, except as
pertaining to disputes which are subject to arbitration.

Terms of this Grant Award Contract The terms of the Request for Grant Applications that led to the grant award
incorporated in this Grant Award Contract are hereby incorporated into this Grant Award Contract by this
reference, except that to the extent there is any conflict between the terms of the Request for Grant Applications
and this Grant Award Contract, the terms of this Grant Award Contract shall prevail and shall govern the terms of
the parties’ obligations to cach other.

Licenses, Permits and Authorizations Grantee shall obtain and maintain all licenses, permits and authorizations
necessary to perform its obligations under this Grant Award Contract; and is responsible for compliance with all
applicable local, state, and federal laws.

Modification and Amendment This Grant Award Contract may be modified only by a written Grant Award
Amendment signed by Chairman of the Board or by another person authorized in writing by the Board to act on

behalf of the Board.

15.

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Antitrust Claims Grantee assigns to the Board any claim for overcharges resulting from antitrust violations to the
extent that such violations concern materials or services supplied by third parties to Grantee in exchange for grant
funds provided under this Grant Awards Contract.

No Assignment No rights or interest in this Grant Award Contract shall be assigned by Grantee without prior
written approval of the Board.

No Political Activities Grantee agrees that no funds provided or personnel employed under this Grant Award
Contract shall be in any way engaged in conduct of political activities in violation of 5 U.S.C. § 1502.

Conflict of Interest 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 with the performance of services required under
this Grant Award Contract.

Assessments, Evaluations and Information or Data Collection Grantee agrees to cooperate and participate with
any and all assessments, evaluations or information or data collection requests.

. Privacy Laws Grantee assures that it will comply with all state and federal laws regarding privacy during the

course of this award.

. Immigration Laws As required by A.R.S. § 41-4401, each party hereby warrants its compliance with all federal

immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Each party further
warrants that after hiring an employce, it verifies the employment eligibility of the employee through the e-verify
program. If either party uses any subcontractors in performance of the agreement, subcontractors shall warrant
their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-
214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the
employment eligibility of the employee through the e-verify program. A breach of this warranty shall be deemed
a material breach of this Grant Award Contract subject to penalties up to and including termination of this Grant
Award Contract. A party shall not be deemed in material breach if it and its subcontractors establish compliance
with the employment verification provisions of Sections 274A and 274B of the Federal Immigration and
Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). Each party retains the legal
right to inspect the papers of the other party and its subcontractors engaged in performance of this agreement to
ensure that the other party and its subcontractors are complying with the warranty. Any inspection will be
conducted after reasonable notice and at reasonable times. If State law is amended, the parties may modify this
paragraph consistent with State law.

. Severability If any provision of the Grant Award Contract is held invalid, the remainder of this Grant Award

Contract shall not be affected thereby and all other parts of this Grant Award Contract shall be in full force and
effect.

. Relationship of Parties The parties agree that the Grantee shall not be considered an employee, associate, partner,

officer, joint venture, or agent of the Board or the State as a result of this Grant Award Contract. The Grantee is
solely responsible for the planning, design, scope, and implementation of the Scope of Work funded through this
Grant Award Contract. Neither the Board nor the State is responsible for any liabilities resulting from the
Grantee’s planning, design, Scope of Work, implementation or performance of the Scope of Work funded through
this Grant Award Contract.

. No Waiver Either party’s failure to insist on strict performance of any term or condition of this Grant Award

Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the
nonconforming performance knows of the nature of the performance and fails to object to it.

Records Retention Pursuant to A.R.S. §§ 35-214 and 35-215, Grantee shall retain and shall contractually require
each contractor and subcontractor to retain all records relating to this Grant Award Contract for a period of five

17.

18.

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years after completion of the Grant Award Contract and until any litigation, claim, negotiation, audit, cost
recovery, or action involving the records has been completed. All records shall be subject to inspection and audit
by the Board at reasonable times. Upon request, the Grantee shall produce the original of any or all such records
at the offices of the Board.

. Stop Work Notice In the event of unapproved changes in the Scope of Work, performance or changes outside the

scope of the Grant Award Contract, illegal or unpermitted activities, or other material discrepancies between the
Grant Award Contract and the Grantee’s activities, the Board reserves the right to issue notice to the Grantee to
stop work. The notice will further specify that the Board will not approve resumption of performance or further
payments until the issue or issues identified in the stop work notice have been resolved to the satisfaction of the
Board.

Period The Board agrees to reimburse Grantee for work activities performed during the time this Grant Award
Contract is in effect. The Board is not required to reimburse Grantee for any work activities initiated prior to
execution of this Grant Award Contract or after this Grant Award Contract is no longer in effect. The Board may
extend the time this Grant Award Contract is in effect, if requested by the Grantee by executing a Grant Award
Contract Amendment.

Contractors, Subcontractors and Consultants Contractors, subcontractors or consultants may be used in the
performance of tasks described in the Scope of Work of this Grant Award Contract. The Grantee shall not enter
into any contract or subcontract under this Grant Award Contract without consideration for impact on the project.
The Grantee shall report any contract or subcontract awards or changes as part of that calendar year's narrative
report. Any contractor, subcontractor or consultant participating in this Grant Award Contract shall comply with
the terms and conditions of this Grant Award Contract, as set forth in the general provisions and Scope of Work.
Should the Grantee utilize any contractors, subcontractors or consultants, Grantee agrees to supply all such
contractors and subcontractors with copies of this Grant Award Contract and the Request for Grant Application
that led to this Grant Award Contract, and to obtain the written agreement of each such contractor or
subcontractor to follow and be bound by all terms of this Grant Award Contract.

Indemnification

Notwithstanding any provision of this Grant Award Contract to the contrary, the Board is not authorized to
indemnify Grantee or its contractors and/or subcontractors.

Each party (as “Indemnitor”) agrees to defend, indemnify, 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 referred to as “Claims”) arising out of the 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 Indemnitee are
caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents,
employees or volunteers. The Grantee shall indemnify and hold harmless the Board and the State against any
liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of Grant
Award Contract performance or use by the Board of materials furnished or work performed under this Grant
Award Contract. In consideration of the award of this Grant Award Contract, the Grantee agrees to waive all
rights of subrogation against the Board and the State, their officers, officials, agents, and employees for losses
arising from the work performed by the Grantee and the Board. However, if the Grantee is a State agency board
commission, political subdivision of the State, or a university of the State, this paragraph shall not apply.

Should the Grantee utilize contractor(s) and/or subcontractor(s), the indemnification clause between Grantee and
its contractor(s) and subcontractor(s) shall include the following:

Contractor shall indemnify, defend, save. and hold harmless Grantee, the Arizona Constable Ethics,
Standards and Training Board, and the State of Arizona, and any jurisdiction or agency issuing any
permits for any work arising out of this Agreement, and its departments, agencies, boards, commissions,

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universities, officers, officials, agents, and employees (hereinafter referred to together as “Indemnitee”)
from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorneys’ fees, and cost 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 such contractor or any of its owners, officers, directors, agents, employees or subcontractors.
This indemnity includes any claim or amount arising out of or recovered und the Workers’ 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 negligent or willful acts or omissions of
the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that
such contractor shall be responsible for primary loss investigation, defense, and judgment costs where this
indemnification is applicable. Additionally, on all applicable insurance policies, contractor and its
subcontractors shall name the State of Arizona and the Arizona Constable Ethics, Standards and Training
Board, and their departments, agencies, boards, commissions, universities, political subdivisions, officers,
officials, agents and employees as additional insureds, and also include a waiver of subrogation in favor
of the State, the Arizona Constable Ethics, Standards and Training Board, and the other foregoing State
entities and persons. Insurance requirements for any contractor or subcontractor used by Grantee are
incorporated herein by this reference and attached to this Grant Award Contract as Exhibit “A”.

Termination of Grant Award Contract

Suspension or Debarment The Board may, by written notice to the Grantee, immediately terminate this Grant
Award Contract if the Board determines that the Grantee has been debarred, suspended, or otherwise lawfully
prohibited from participating in any public procurement activity, including but not limited to, being disapproved
as a subcontractor of any public procurement unit or other governmental body. Execution of this Grant Award
Contract shall attest that the Grantee is not currently suspended or debarred. If the Grantee becomes suspended or
debarred, the Grantee shall immediately notify the Board.

Termination for Convenience The Board reserves the right to terminate this Grant Award Contract in whole or in
part at any time, when in the best interests of the Board, without penalty or recourse. Upon receipt of written
notice of termination, the Grantee shall stop all work, as directed in the notice, notify all subcontractors of the
effective date of the termination and minimize all further costs to the Board. In the event of termination under this
paragraph, all documents, data and reports prepared by the Grantee under this Grant Award Contract shall become
the property of and be delivered to the Board. The Grantee shall be entitled to receive reimbursement for work
completed and materials accepted before notification of termination. The Board is under no obligation to continue
reimbursement for any work activities undertaken after notification of termination.

Termination for Default The Board reserves the right to terminate this Grant Award Contract in whole or in part
due to the failure of the Grantee to comply with any term or condition of this Grant Award Contract or to acquire
and maintain all required insurance policies, bonds, licenses and permits. The Board shall provide written notice
of the termination and the reasons for it to the Grantee.

Non-Availability of Funds Every payment obligation of the Board under this Grant Award Contract 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 Grant Award Contract, this Grant Award Contract may
be terminated by the Board at the end of the period for which funds are available. No liability shall accrue to the
Board in the event this provision is exercised, and the Board shall not be obligated or liable for any future
payments or for any damages as a result of termination under this paragraph.

Continuation of Work Activities After Termination Termination of this Grant Award Contract does not prohibit
the Grantee from independently continuing work on the project, but any such independent continuation is solely
the responsibility of the Grantee.

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6. Cancellation for Conflict of Interest Pursuant to A.R.S. § 38-511, the Board may cancel this Grant Award
Contract within 3 years after Grant Award Contract execution without penalty or further obligation if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Grant Award Contract on behalf
of the Board is or becomes at any time while the Grant Award Contract or an extension of the Grant Award
Contract is in effect an employee of or a consultant to any other party to this Grant Award Contract with respect
to the subject matter of the Grant Award Contract. The cancellation shall be effective when the Grantee receives
written notice of the cancellation unless the notice specifies a later time. If the Grantee is a political subdivision of
the State, it may also cancel this Grant Award Contract as provided in A.R.S. § 38-511.

Non-Discrimination

The Grantee shall comply with Executive Order 2009-09, which mandates that during the performance of this Grant
Award Contract, the Grantee and its contractors and subcontractors will not discriminate against any employee or
applicant for employment because of race, age, color, religion, sex or national origin. The Grantee and its contractors and
subcontractors 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
termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Grantee
and its contractors and subcontractors shall post in conspicuous places available to employees and applicants for
employment notices setting forth the provisions of this non-discrimination clause. Grantee agrees to ensure that the
provisions of this paragraph are included in all of its contracts with contractors and subcontractors relating to this Grant
Award Contract.

Payments

1. Use of Grant Funds Grantee agrees that grant funds will be used in accordance with the terms of this Grant
Award Contract. Awarded grant funds shall be used solely for eligible purposes as approved by the Board. Line
item funding is considered estimates of costs; however, the total project costs are considered exact and shall not
be exceeded by the Grantee unless this Grant Award Contract is amended in a Grant Award Contract
Amendment. Substandard performance by Grantee of its obligations under this Grant Award Contract as
determined by the Board will constitute noncompliance with this Grant Award Contract. Any deviation or failure
to comply with the purpose and/or conditions of this Grant Award Contract by Grantee without prior written
approval of the Board may constitute sufficient reason for the Board to terminate this Grant Award Contract,
revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the
return of any previously spent funds that are determined by the Board to have been spent in violation of the
purpose or conditions of this Grant Award Contract.

2. Actual Cost, Reimbursement and Advance All payments made under this Grant Award Contract shall be by
actual cost.

a. Payments under the Grant Award Contract shall be by actual cost and reimbursement. The Grantee is
eligible for reimbursement of actual expenses incurred that are necessary to complete tasks as specified in
the Scope of Work.

b. The Grantee may request advance payment of partial grant funds. The Grantee shall submit written
justification to the Board explaining the need for a funding advance and detailed documentation justifying
the amount of the advance requested. Funding advances will be subject to Board approval. If advance
payment is made, the Grantee shall demonstrate that all advanced monies have been expended prior to
requesting reimbursement for other allowable expenses. Additionally, Grantee must reimburse the Board
any advances paid that were in excess of actual costs of implementing the grant project.

’ jLNAL Page 7 of 9

3. Conditions of Payment Each payment is conditioned upon receipt and approval by the Board of the deliverable(s)
specified in the Scope of Work and shall be accompanied by reasonable assurance (documentation, receipts,
invoices, etc.) that the goods and services for which payment is requested were actually received and performed.
The Board has the right to disallow contributions determined inappropriate or unreasonable. The Board shall have
a minimum of thirty (30) working days to approve the deliverable(s) and payment request forms.

4. Default If the Board determines that the Grantee is in default in the performance of any obligation under this
Grant Award Contract, the Board may either adjust the amount of payment or withhold payment until satisfactory
resolution of the default.

5. IRS W-9 If Grantee is not a political subdivision of the State, in order to receive payment under any resulting
Grant Award Contract, the Grantee shall have a current IRS-W9 Form on file with the Board.

6. Recoupment of Payments The Grantee shall reimburse the Board for all grant funds determined by the Board not
to have been spent in accordance with the terms of this Grant Award Contract.

Ownership of Information

Title to all documents, reports and other materials prepared by the Grantee in performance of this Grant Award Contract
shall rest in the Board, except for copyrighted material prepared in advance of this Grant Award Contract by the Grantee
at the expense of the Grantee. The Board shall have full and complete rights to reproduce, duplicate, disclose, publish,
advertise, perform and otherwise use all documents, reports and other materials prepared under this Grant Award
Contract, except for copyrighted material. The Grantee shall have full and complete rights to reproduce, duplicate,
disclose, publish, advertise, perform and otherwise use all documents, reports and other materials prepared under this
Grant Award Contract.

Notices

Whenever notice is required pursuant to this Grant Award Contract, such notice shall be in writing and shall be directed to
the persons and addresses specified for such purpose in the Scope of Work, or to such other persons and addresses as
cither party may designate to the other party in writing. Unless otherwise set forth in this Grant Award Contract, notice
shall be delivered in person or by certified mail, return receipt requested. Notices, correspondences and payments on
behalf of the Board to the Grantee shall be sent to:

Grantee Name: (COT Plateg— Mires ide LOATY Con STARES ; ond
Grantee Mailing Address: 2O}-AJECRR SO IZ Phenty, AE 222 ON, Centra | Ave, © EUR
Grantee City: PiHWenn i. PHOENIX, Az & 560F

Grantee Zip Code: BEB EF Soot ;

Grantee Telephone Number: pQ2.1b4_ 449% 7-0) -5pi-/BP

Grantee Fax Number: __ GOQ~ 5S O06 -/8 7S 7 .

Grantee E-Mail Address: Feb Bhte 0-1 oft Pa Trice» good manomaricg A gov’

eeoeevnveee

Notices, correspondence, data, analyses, inquires, invoices, technical reports and other information, including all
Deliverables from the Grantee to the Board shall be sent to:

¢ Constable Ethics Standards & Training Board
PO Box 13116
Phoenix, Arizona 85002
Telephone: 602-343-6280
Facsimile: 602-712-1252
E-mail: cestb@azcapitolconsulting.com

' Page 8 of 9
Deliverables

Included with every reimbursement or payment request, the Grantee shall submit to the Board a budget report and
a brief narrative report. A paper copy of the budget and narrative reports shall be mailed to the Board. The reports
shall include, but are not limited to, budget expenditures, in-kind expenditures, and a brief narrative of the
project’s progress, as applicable. Grantee must obtain Board pre-approval before any funds are relocated within
the original/approved budget in the grant application. The Grantee is responsible for responding to any inquiries
from the Board.

The Grantee shall identify the grant contract number in all reports submitted to the Board.

On a quarterly basis, until the project is completed and the Grant Award Contract is terminated, the Grantee shall
submit to the Board a budget report and narrative report. The reports shall include, but are not limited to, budget
expenditures, in-kind expenditures and a narrative detailing how grant funds were used to achieve project
objectives to date as outlined by the Grantee in the grant application. Reports must be sent to the Board by the
last day of each quarter following the execution of the Grant Award Contract.

At the end of the project, a final budget and final narrative report must be submitted and approved by the Board.
The final narrative report shall include at a minimum: a summary of the project goals and objectives, project
results or outcomes (including any data or photos), aspects of the project that worked well and things that did not
work well, any public involvement and coordination, how the project has advanced the program goals, and how
the project has benefited the State. The Board will not disburse final payment until the final report and all
requirements of the Grant Award Contract have been fulfilled. All remaining grant funds or outstanding grant
funds must be reconciled.

The Grantee shall include the following language in all reports prepared for this Grant Award Contract and in any
publication of reports or results generated with the financial support of the Board:

a. "The Constable Ethics Standards & Training Board has funded all or a portion of this Project."
b. "The views or findings presented are the Grantee's and do not necessarily represent those of the State, or
the Constable Ethics Standards & Training Board."

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SCOPE OF WORK
ADDENDUM A

The Scope of Work for this project is bound to the provisions of the approved grant application which is incorporated into
this agreement as Addendum A. All project tasks and costs must coincide with the approved grant application.

Patrice Goodman (CON)

From:
Sent:
To:

Ce:
Subject:

| approve.

Take care,
Davina

Davina Bressler <bressled@mcao.maricopa.gov>
Friday, March 26, 2021 2:25 PM

Patrice Goodman (CON)

Nadia Rodriguez (COB)

RE: CNA21-301 Grant: Approval As To Form

From: Patrice Goodman (CON) [mailto:Patrice.Goodman@Maricopa.Gov]
Sent: Friday, March 26, 2021 1:20 PM

To: Davina Bressler <bressled@mcao.maricopa.gov>

Cc: Nadia Rodriguez (COB) <Nadia.Rodriguez@Maricopa.Gov>

Subject: CNA21-301 Grant: Approval As To Form

Davina,

Please approve as to form for the County Attorney’s office via reply email.

Thank you!

Patrice Goodman

Constables Administrator | Maricopa County
O: 602-506-1843 | C: 602-509-1064
patrice.goodman@maricopa.gov

‘DS

_. Mew Duverc

Maricopa County MOR ARIC WS

Constables Administration

222 N. Central Ave

24 Floor
Phoenix, AZ 85004

Phone: 602-506-1843
MEMO

Fax: 602-506-3328

www.maricopa.gov

TO: Clerk of the Board’s Office, Maricopa County
FROM: Patrice Goodman, Constables Administrator
DATE: 3/26/21

RE: Two Original CESTB Grant Contracts for Signature - CNA21-301

Attached are two original grant contracts for signature as well as approval as to form
from the County Attorney’s office.

Please sign both original contracts and return one original to me via the enclosed
pre-addressed interoffice mail envelope.

Thank you!