IGA-STOP-MCAO-050124-01 (AFIT TRAINING)_ENCRYPTED_.PDF
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Agreement No. IGA-STOP-MCAO-050124-01 | Page 1 of 5 INTERGOVERNMENTAL AGREEMENT No. IGA-STOP-MCAO-050124-01 Between the STATE OF ARIZONA, THE OFFICE OF THE GOVERNOR And the MARICOPA COUNTY ATTORNEY’S OFFICE I. RECITALS WHEREAS, A.R.S. § 41-101.01 authorizes the State of Arizona, Office of the Governor (“GVA”) to execute and administer contracts and is charged with the responsibility of administering the Arizona STOP (Services, Training, Officers, Prosecutors) Violence Against Women Act Grant Program. The Catalog of Federal Domestic Assistance (CFDA)/Assistance Listing for all activity pursuant to this agreement is 16.588. WHEREAS, A.R.S. §11-952 authorizes public agencies to enter into agreements to contract for services, to jointly exercise any powers common to the public agencies, and for joint or cooperative action. THEREFORE, it is agreed that GVA and Agency (“Grantee”), hereafter collectively referred to as the “Parties,” enter into the terms of this Interagency Service Agreement (“Agreement”). II. PURPOSE OF AGREEMENT The purpose of this Agreement is to provide funding for and identify the Grantee’s obligations in providing Advanced Forensic Interviewing Training (“AFIT”). The Grantee agrees to comply with all applicable state statutes, regulations, policies, guidelines and requirements, including administrative requirements, with the use of this funding. The Governor’s Office of Youth, Faith and Family will provide the financial, programmatic, and administrative guidelines and statutory program purposes for the program. The Grantee agrees to comply with all lawful requirements imposed by the Grantor in the administration of these grant funds. III. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS This Agreement shall be effective May 1, 2024 and shall terminate on April 30, 2025, contingent upon funding. Either party may terminate this Agreement at any earlier time by providing written notice to the other party at least thirty (30) days prior to the termination date. The GVA agrees that regardless of its termination date with Grantee, Grantee may use the funds distributed under this Agreement to pay for any unpaid services pursuant to this Agreement obligated prior to the date of termination. This Agreement is subject to cancellation pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein. Amendments to this Agreement shall not be valid unless made in writing and signed by both parties. Agreement No. IGA-STOP-MCAO-050124-01 | Page 2 of 5 IV. DESCRIPTION OF SERVICES Grantee shall: A. Administer AFIT training services in accordance with Grantee’s approved budget and programming as represented Attachment A – Budget & Scope of Work. V. MANNER OF FINANCING The GVA shall: A. Provide to Grantee a total award amount of up to $78,480 for activities outlined in Section IV. B. Transfer funding to Grantee upon receipt of valid invoices for reimbursement as the project is executed. Any unused funding pursuant to this agreement at the termination date shall be transferred back to the Office of the Governor and the remaining balance of the award de-obligated. C. The CFDA/Assistance Listing is 16.588 for all activity associated with this agreement. D. Questions regarding the appropriate use of the funds shall be resolved by mutual written agreement between Grantee and GVA. Grantee shall: A. Submit requests for reimbursement (invoices) for actual cash expenses incurred by the program. Grantee shall submit these requests for reimbursement at a minimum of monthly but not more frequently than once per week. B. Assure that any expenses reimbursed under this Agreement have not been or will not be reimbursed under any other federal program. VI. REPORTING REQUIREMENTS Financial Reporting: The Grantee shall be paid on a cost-reimbursement basis. The Grantee shall not request reimbursement until the cost has resulted in an actual cash expenditure. The Grantee may request reimbursement on either a monthly or quarterly basis for those items submitted and approved in the budget inclusively. Grantee shall submit a final reimbursement request no more than forty-five (45) days after the Agreement end for expenses incurred prior to the date of Agreement termination. All expenses must be incurred and paid prior to the final reimbursement request. Requests for reimbursement received later than forty-five (45) days after the Agreement termination will not be paid. If awarded an agreement, your organization must have sufficient funds to meet obligations for up to sixty (60) days while awaiting reimbursements from the Governor’s Office of Youth, Faith and Family. The Grantee shall use the forms provided by the Grantor to submit financial expenditure reports. The forms will be sent to the Grantee upon receipt of the signed Agreement. Programmatic Reporting: Grantee shall submit programmatic reports to the Office of the Governor for activities performed under this Agreement. The report deadlines are as follows: A. Muskie: February 15, 2025 B. Final Attendance Report: May 15, 2025 Notwithstanding any other payment provision of this Agreement, failure of the Grantee to submit required reports when due, or failure to perform or deliver required work, supplies or services, will result in the withholding of payment under this Agreement unless such failure arises due to causes beyond the control and without the fault of negligence of the Grantee. All reports shall be submitted to the contact person designated in Section XVIII. VII. DOCUMENTS INCORPORATED BY REFERENCE The following documents are incorporated into this Agreement as if fully set forth herein: Agreement No. IGA-STOP-MCAO-050124-01 | Page 3 of 5 A. Attachment A – Budget & Scope of Work Grantee warrants that it has read and understands these documents and agrees to be bound to those applicable provisions in their entirety. In the event of any divergence between this Agreement and the referenced documents, this Agreement shall control. VIII. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS Grantee agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F. R. Part 200. IX. INSURANCE AND INDEMNIFICATION To the fullest extent permitted by law, Grantee shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, 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 or any of its owners, officers, directors, agents, employees or subgrantees. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Grantee 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 Grantee from and against any and all claims. It is agreed that Grantee will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the execution of this contract, the Grantee 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 Grantee for the State of Arizona. This indemnity shall not apply if the grantee or sub-grantee(s) is/are an agency, board, commission or university of the State of Arizona. As the Recipient is a public entity, it shall provide a certificate of self-insurance delivered by mail, email or hand delivery to: Governor’s Accounting Office 1700 W. Washington St. Suite 500 Phoenix, AZ 85007 procurement@az.gov X. APPLICABLE LAW In accordance with A.R.S. § 41-2501, et seq., and Arizona Administrative Code R2-7-101, et seq., this Agreement shall be governed and interpreted by the laws of the State of Arizona and the Arizona Procurement Code. XI. NON-AVAILABILITY OF FUNDS In accordance with A.R.S. § 35-154, every payment obligation of the GVA under the Agreement is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the GVA at the end of the period for which funds are available. No liability shall accrue to the GVA in the event this provision is exercised, and the GVA shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. XII. AUDIT Agreement No. IGA-STOP-MCAO-050124-01 | Page 4 of 5 In accordance with A.R.S. § 35-214, Grantee shall retain and shall contractually require each contractor and subcontractor to retain all data, books and other records (“records”) relating to this Agreement for a period of five years after completion of the Agreement. All records shall be subject to inspection and audit by the GVA at reasonable times. Upon request, Grantee shall produce the original of any or all such records. XIII. CONFLICT OF INTEREST In accordance with A.R.S. § 38-511, the GVA may within three years after execution cancel the Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the GVA, at any time while the Agreement is in effect, becomes an employee or agent or any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the matter of the Agreement. XIV. FUND MANAGEMENT The Grantee must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The Grantee must manage funds according to applicable federal regulations for administrative requirements, cost principles and audits. The Grantee must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: A. Financial Management B. Procurement C. Personnel D. Property E. Travel A system is adequate if it is: 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied – it applies to all sources of funds. The Grantor reserves the right to review all business systems policies. XV. UEI/SAM.GOV Each successful recipient who is awarded $25,000 or more must provide the following prior to an Agreement being executed: (a) Unique Entity Identifier (UEI) number for the fiscal agent; and (b) proof of current registration in the SAM.gov (SAM) website. SAM registration must be maintained for the term of the Agreement. SAM registration information may be found at https://sam.gov/content/home. XVI. FFATA REPORTING REQUIREMENTS In compliance with the Federal Funding Accountability and Transparency Act of 2006 Reporting Requirements, Pub. L. No. 109-282, 120 Stat. 1186, as amended by Section 6202 (a) of Pub. L. No. 110-252, the Grantee is required to provide information. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) to be made available to the public via a single, searchable website, which is www.USASpending.gov. XVII. NON-DISCRIMINATION The Parties shall comply with Executive Orders 2023-01, 2023-09, and 2009-09, and any and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act. These provisions will be included in contracts with Subcontractors when required by Federal or State law. XVIII. NOTICES Grantee shall address all notices relative to this Agreement to the GVA to: Kyleigh Kape Grants Auditor Governor's Accounting Office Agreement No. IGA-STOP-MCAO-050124-01 | Page 5 of 5 1700 West Washington Street, Suite 500 Phoenix, Arizona 85007 kkape@az.gov The GVA shall address all notices relative to this Agreement to Grantee: Sherry Rindels-Larsen Grant Administrator 225 W. Madison St Phoenix, AZ 85003 rindelss@mcao.maricopa.gov IN WITNESS WHEREOF, the Parties hereto agree to execute this Agreement. MARICOPA COUNTY ATTORNEYS OFFICE Sherry Rindels-Larsen Date Grant Administrator STATE OF ARIZONA, THE OFFICE OF THE GOVERNOR Tonya Hamilton Date Director Governor’s Office of Youth, Faith and Family Travis Price Date Compliance, Finance and Procurement Manager Governor’s Accounting Office Attachment A - Budget & Scope of Work Page 1 of 3 Attachment A - Budget & Scope of Work Page 1 of 3 Attachment A - Budget & Scope of Work Page 2 of 3 Attachment A - Budget & Scope of Work Page 2 of 3 # Participants Max allowed Total AFIT Training Coordination Total participant #: 40/training $62.50/ participant x 4 trainings $10,000 Handouts $3 x 4 days x 40 participants = $480/training x 4 trainings =$1,920. Presenter Costs Per training: Day 1: 2 presenters x $81.25/hr x 8 hours Day 2: 2 presenters x $81.25/hr x 8 hours Day 3: 1 presenter x 81.25/hr x 8 hours 16 critique staff x $200 Day 4: 1 presenter x 81.25/hr x 8 hours 16 critique staff x $200 = 48 hours/training x $81.25/hr x 4 trainings = $15,600 =16 critique staff x $200/day x 2 days x 4 trainings Travel mileage:.67 cents/mile, 40 travelers x 50 miles/traveler= $1,340/training x 4 trainings = $5,360 Total participant #: 40/training 4 days 4 trainings Total participant #: 40/training 192 hours 16 critique staff 2 days $31.25/day/ participant/ training $3/day/parti cipant x 4 trainings $81.25/hr $200/day $20,000 $1,920 $15,600 $25,600 $5,360 Total STOP Funding $78,480 Attachment A - Budget & Scope of Work Page 3 of 3 Attachment A - Budget & Scope of Work Page 3 of 3