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State of Arizona
Office of the Governor
AZVote Safe Program
ERMT Grant Number: ERMT-CRF-21-1005
Award Amount:$2,220,878
Grant Agreement Terms and Conditions
This Grant Agreement (“Agreement”) is between Maricopa County (“Grantee”) and the State of
Arizona, acting through the Governor’s Office (“Grantor”), (sometimes, individually, a “Party,” or
collectively, “Parties”).
I.
Purpose
Supporting statewide and county elections and recorder agencies with funding to combat the
coronavirus pandemic for the 2020 Federal election cycle through the distribution of the U.S.
Department of Treasury’s Coronavirus Relief Fund (CRF), Catalog of Federal Domestic Assistance
(CFDA) number 21.019, as part of the Coronavirus Aid, Relief, and Economic Security (CARES)
Act.
II.
Term, Effective Date, and Termination
The Agreement commences when it is signed by both Parties. The Agreement project period is
March 28, 2020 through December 3, 2020. The Agreement expires at the end of the award term.
The Agreement shall not bind nor purport to bind the Grantor for any commitment in excess of the
original Agreement award term or amount.
In the event of a material breach of any provision of this Agreement, the non-breaching Party
shall give written notice to the breaching Party specifically setting forth the nature of the breach.
Upon being served with such notice, the breaching Party shall have ten (10) days in which to cure
said breach. If said breach has not been cured within the ten (10) days, then the non-breaching
Party may terminate this Agreement.
III.
Renewal and Amendments
This Agreement is issued under the authority of the authorized Grantor representative who signed
this Agreement. The Grantor shall have the right, at its sole and unfettered discretion, whether or
not to extend this Agreement. If so, the Parties must execute a written Amendment or a new
Agreement. A renewal may be considered if the Grantor adds additional funding and subsequent
rounds of awards, the State of Arizona receives additional federal Coronavirus Disease 2019
(COVID-19) public health emergency funding, and/or the State of Arizona Legislature chooses to
appropriate funding for this specific purpose. Also, consideration for renewal will be based on
results of program and fiscal monitoring.
The Agreement may be modified only through an Agreement Amendment within the scope of the
Agreement. Any changes to the Agreement by a person who is not specifically authorized by the
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Grantor representative in writing or made unilaterally by the Grantee are violations of the
Agreement and of applicable law. Such changes, including unauthorized written Agreement
Amendments shall be void and without effect, and the Grantee shall not be entitled to any claim
under this Agreement based on those changes.
IV.
Obligations of the Parties
Responsibilities of the Grantee:
a.
Grantee agrees that grant funds will be used in accordance with applicable statutes,
program rules, guidelines and special conditions.
b.
Grantee agrees that it will submit financial and activity reports to Grantor in a format
provided by the Grantor, documenting the activities supported by these grant funds and
providing 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.
c.
Grantee understands that financial reports are required as an accounting of expenditures
for either reimbursement or Grantor-approved payments. Reports are due pursuant to the
schedule listed in this Agreement.
d.
The final request for reimbursement of grant funds must be received by the Grantor on or
before the last day of the project period.
e.
Grantee agrees to remit all unexpended grant funds to the Grantor within thirty (30) days
after the November 3,2020 election date.
f.
Grantee agrees that all encumbered funds must be expended and that payroll and
Employee Related Expenses (ERE) must be paid on or before the expiration of this
Agreement.
g.
Grantee agrees to cooperate and participate with any and all assessments, evaluation
efforts or information and data collection requests, and acknowledges that the Grantor has
the right to obtain, reproduce, publish, or use data provided under this award in accordance
with applicable statutes, rules, and guidelines.
h.
Grantee understands that the Agreement may not be closed until Grantee is compliant with
all requirements of the Agreement.
i.
Required programmatic and financial reports are submitted according to the grant
solicitation.
Responsibilities of the Grantor:
a. Grantees will be required to submit bi-weekly financial reimbursement requests with actual
expenditures incurred. Reports must contain all back up documentation related to the
request for reimbursement. Back up documentation may include but is not limited to
receipts, purchase orders, invoices, proofs of marketing materials, written explanation of
expenditures, etc.
V.
Fund Management
Grantee must receive these funds under this Agreement in a separate ledger account/fund 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
d. Property
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b.
Procurement
e. Travel
c.
Personnel
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.
The Grantee shall manage funds according to applicable federal regulations for administrative
requirements, cost principles and audits
VI.
DUNS/CCR
Each Grantee must provide the following prior to an Agreement being executed: (a) Dun and
Bradstreet Universal Numbering System (DUNS) number for the fiscal agent; and (b) proof of
current registration in the System for Award Management (“SAM”). SAM is the Official U.S.
Government system that consolidated the capabilities of Central Contractor Registration (“CCR”),
Fed Reg, ORCA and EPLS. SAM registration must be maintained for the term of the Agreement.
The DUNS website is located here.
VII.
Reporting Requirements
Grantees will be required to submit bi-weekly reimbursement requests with actual expenditures
incurred, including:
a.
the total amount of funding received from the AZVote Safe Program;
b.
the amount of funding received that was expended or obligated for each project or
activity;
c.
any receipts, invoices, purchase orders, proofs of marketing materials, written explanation
of expenditures;
d.
detailed information on any level of subcontracts or subgrants awarded by the covered
recipient or its subcontractors or subgrantees, to include the data elements required to
comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006
(31 U.S.C. 6101 note) allowing aggregate reporting on awards below $50,000 or to
individuals, as prescribed by the Director of the Office of Management and Budget.
VIII.
Organizational Audit Requirements
Grantee agrees to comply with the organizational audit requirements of 2 CFR Part 200 Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and
further understands and agrees that funds may be withheld, or other related requirements may be
imposed, if outstanding audit issues (if any) from their organization’s single audit are not
satisfactorily and promptly addressed. This CFR Title 2 Part 200 can be found online.
Single Audit: Grantee expending $750,000 or more of Federal funds from all sources during the
organization’s fiscal year, must have an annual audit conducted in accordance with 2 CFR Part
200.
a.
If your organization is subject to the requirements of 2 CFR Part 200, then attach one
copy of your organization’s most recently completed Single Audit with the Management
Letter, Findings and Questioned Costs to the completed application.
b.
If your organization is not subject to the requirements of 2 CFR Part 200, submit one copy
of the most recently completed audit of financial statements.
c.
If your organization does not have a recently completed audit, attach one copy of the most
recently prepared financial statements including a Balance Sheet, Income Statement, and
Statement of Cash Flows along with a description of the source of the documents.
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IX.
Unallowable Costs
All costs incurred prior to the project period start date and costs not consistent with the funding
opportunity solicitation are not allowable under this award.
X.
Conflicts of Interest Policy
Grantee must establish written policies and procedures to prevent employees, consultants, and
others (including family, business, or other ties) involved in grant-supported activities, from
involvement in actual or perceived conflicts of interest. The policies and procedures must:
a.
address conditions under which outside activities, relationships, or financial interests are
proper or improper;
b.
provide for advance disclosure of outside activities, relationships, or financial interests to
a responsible organizational official;
c.
include a process for notification and review by the responsible official of potential or
actual violations of the standards; and
d.
specify the nature of penalties that may be imposed for violations.
XI.
Acknowledgement of Federal Funding in Communications and Contracting
Grantee must acknowledge Federal funding when issuing statements, press releases, requests
for proposals, bid invitations, and other documents describing projects or programs funded in
whole or in part with Federal funds. Grantee is required to state: (1) the percentage and dollar
amounts of the total program or project costs financed with Federal funds; and (2) the percentage
and dollar amount of the total costs financed by nongovernmental sources.
XII.
Mandatory Disclosures
Consistent with 45 CFR 75.113, Grantee must disclose in a timely manner, in writing, all
information related to violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Disclosures must be sent in writing to the
Grantor as stated in Section XVII.
Failure to make required disclosures can result in any of the remedies described in 45 CFR
75.371 remedies for noncompliance, including suspension or debarment (see 2 CFR parts 180 &
376 and 31 U.S.C. 3321).
XIII.
Data Collection and Performance Measurement
Grantee must comply with the performance goals, milestones, and expected outcomes as
reflected in the funding opportunity solicitation and are required to submit data via the Grantor’s
data-entry and reporting system, eCivis.
XIV.
Ad Hoc Submissions
Throughout the award term, the Grantor may determine that additional information is required
beyond the standard deliverables.
XV.
Applicable law
In accordance with A.R.S. § 41-2701, et seq., and Arizona Administrative Code, this
Agreement shall be governed and interpreted by the laws of the State of Arizona.
XVI.
Payments
Grantee reimbursements are based only on expenditures approved in its Application
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budget and budget narrative. A Grantee shall be reimbursed initially for allowable, allocable
and reasonable costs related to the COVID-19 public health emergency for the time period
of March 28, 2020 up to the Grantee’s application submission or the most recent pay
period. If an allocation award balance exists, then the Grantee will either include forecasted
expenses in its application or submit further reimbursement request(s) of its actual
expenses until its allocation is fully expended. The Grantee will need to provide its previous
year's total actual expense(s) for that category(ies) to validate projection. The Grantee shall
use the forms provided by the Grantor to submit reimbursement requests.
Grantee must:
a.
enroll in automatic clearing house (ACH) payments. Grantee must complete the
document titled “State of Arizona Substitute W-9 and ACH Vendor Authorization
Forms & Instructions." Vendor account set-up and payment information can be
found here.
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 or negligence of the Grantee.
XVII.
Notification of Program Changes
Grantee agrees to notify the Grantor in writing, thirty (30) calendar days in advance, of any
changes in the program that will directly affect service delivery under the terms of the
Agreement. No changes shall be implemented without the prior written approval of a formal
Agreement Amendment issued by the Grantor.
XVIII.
Relationship of Parties
The individuals performing work on behalf of Grantee, its subgrantees or its subcontractors
are not employees, servants, agents, partners, or joint venturers of the Grantor. The State
of Arizona and the Grantor retains no control or direction over such individuals or over the
detail, manner, or methods of performance of their services, and they do not have the
authority to supervise or control their work. The individuals performing work on behalf of the
Grantee, its subgrantees or its subcontractors are not entitled to receive benefits that
employees of the State of Arizona are entitled to receive, including but not limited to,
workers’ compensation, unemployment compensation, health, vision, or dental insurance,
retirement benefits, annual leave, and holiday pay.
XIX.
Other
a.
Grantee shall follow all applicable laws, rules, and regulations in the performance of
work in furtherance of the solicitation, application, and award.
b.
In accordance with ARS § 35-154, every payment obligation of the Grantor under this
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 Grantor at the end of the
period for which funds are available. No liability shall accrue to the Grantor in the event
this provision is exercised, and the State shall not be obligated or liable for any future
payments or for any damages as a result of termination under this paragraph.
c.
In accordance with A.R.S. § 35-214, the Grantee shall retain all data, books, and other
records (“records”) relating to this Agreement for a period of five years from the last
financial report submitted to the Grantor. All such documents shall be subject to
inspection and audit at reasonable times, including such records of any subgrantee,
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contractor, or subcontractor. Upon request, the Grantee shall produce the original of any
or all such records to the offices of the Grantor.
d.
The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
i.
Any contractor or subcontractor who is contracted by a Party to perform work
related
to
this
Agreement
shall
warrant
its
compliance
with
all federal
immigration laws and regulations that relate to its employees and its compliance
with A.R.S. § 23-214(A);
ii.
That any breach of the warranty in paragraph “b.” above shall be deemed a
material breach of this Agreement that is subject to penalties up to and including
termination of this Agreement;
iii.
The Parties retain the legal right to inspect the employment records of any
employee of any contractor or subcontractor who performs work related to this
Agreement to ensure that the contractor or subcontractor is complying with the
warranty in paragraph “b.” above and that the contractor agrees to make all
employment records of said employee available during normal working hours to
facilitate such an inspection; and
iv.
Nothing in this Agreement shall make any contractor or subcontractor an agent
or employee of the Parties to this Agreement.
e.
The Parties shall comply with the provisions of State Executive Order 2009-9, Title VI of
the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973,
as amended, and the Americans with Disabilities Act, as amended.
f.
This Agreement does not imply authority to perform any tasks or accept any
responsibility not expressly stated in this Agreement.
g.
This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement. This Agreement shall not relieve
the Parties of any obligation or responsibility imposed on it by law.
h.
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.
i.
Any change, modification, or extension of this Agreement must be submitted through the
Grantor’s online grant management system, eCivis, and approved by Grantor.
j.
This Agreement has been arrived at by negotiation and shall not be construed for or
against any Party.
k.
The Parties agree that all the conditions set forth herein are material to this Agreement
and a breach of any condition is a breach of this Agreement.
l.
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.
m. 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.
n.
Nothing in this Agreement is intended to create any third-party beneficiary rights; and
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the Grantor and the Grantee expressly state that this Agreement does not create any
third-party rights of enforcement.
o.
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.
p.
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.
q.
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.
r.
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.R.S. § 12-1518, except as may be required by other applicable
statutes.
s.
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.
t.
Any deviation or failure to comply with the purpose and/or conditions of this Agreement
without prior approval may constitute sufficient reason for the Grantor to terminate this
Agreement, 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 which are deemed
to have been spent in violation of the purpose or conditions of this grant.
u.
The Parties acknowledge they have been advised by counsel, or have had the
opportunity to be advised by counsel, in the execution of the Agreement.
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State of Arizona
Office of the Governor
AZVote Safe Program
Special Conditions
1. Grantee agrees that in any publications, marketing, voter outreach, or educational materials (written,
visual, or sound), the election official’s name but not likeness is permitted and must utilize guidance from
the U.S. Election Assistance Commission, the Election Management Resources, and adhere to the
following guidelines:
a. For print media or mail, the size of font used for the election official’s name must not exceed a
height of more than 1⁄4 inch, unless it is included in the organization masthead or letterhead,
where it may not exceed 1⁄2 inch in height. b. The use of the election official’s party
information/affiliation outside of identifying a primary election is prohibited.
2. If the Grantee is utilizing grant funds to purchase, lease, or rent mobile voting units, the
Board of Supervisors must approve: (a) the use of the mobile unit(s) for voting purposes for each
election; and (b) the locations and dates on which mobile unit(s) will be used for voting purposes in
the election. The County Recorder must promptly publicize the approved locations and dates,
including posting the information on the County Recorder’s website. The Board of Supervisors may
authorize the County Recorder to make necessary modifications to the approved locations and dates
for good cause. If such modifications are made, the County Recorder shall promptly notify the Board
of Supervisors and update any public postings of the locations and dates. The County
Recorder shall ensure that mobile voting units are utilized and operated in a manner that provides
meaningful access and accommodations for voters with disabilities and, to the extent practicable,
provides reasonable access to political party observers, allows political activity outside of the
seventy-five foot limit prescribed by A.R.S. 16-515, and if used as an Election Day voting location,
complies with the provisions of A.R.S. 16-615 related to the secure delivery of returns.
3. If the Grantee is utilizing grant funds to purchase, lease, or rent mobile voting units or
non-traditional voting locations, the Grantee agrees to provide all contract materials, an address of
where the units are located, supporting documentation that these locations have been approved by
the respective county’s Board of Supervisors, and a plan of how the Grantee or Sub-grantee will
communicate the location and hours with the public.
4. If the Grantee is utilizing grant funds to pay for poll worker expenses, the Grantee must
comply with all provisions of A.R.S. 16-531.
5. Grantee agrees that grant funds will be used in accordance with applicable program
rules, guidelines and special conditions.
6. Grantee agrees that activities funded under this award will be closely coordinated with
related activities supported by the AZVoteSafe Funds. Grant funds may only be used for the purposes
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in the Grantee’s approved application. Grantee shall not undertake any work or activities not
described in the grant application, including staff, equipment, or other goods or services without prior
consultation with the ERMT.
7. Grantee agrees that it will submit financial and activity reports to the Governor’s Office in a format
provided by the Office, documenting the activities supported by these grant funds and providing an
assessment of the impact of these activities which may include documentation of project milestones. 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. Extensions for financial and activity reports may be
requested by emailing ospber@az.gov. Financial reports must include all supporting documentation
related to the request for reimbursement.
a. Supporting documentation, includes but is not limited to receipts, contracts,
purchase orders, invoices, proofs of marketing materials, written explanation of expenditures,
etc. b. If the Grantee is utilizing grant funds to purchase marketing, voter outreach, or
educational materials, the grantee agrees that they will provide all contractual agreements
and the following information: the name of the vendor utilized for the materials, the type of
marketing, voter outreach or educational material (written, visual, sound, etc), and the
geographic location and demographics of the target recipients of said materials.
8. Grantee agrees funds shall not 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.
9. Grantee agrees to cooperate with any assessments, evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for the
assessment or evaluation of any activities within this project.
10. Grantee acknowledges any expenditures which have occurred outside of the approved
budget are done so at the risk of the grantee and are not guaranteed reimbursement by the
AZVoteSafe grant program.
11. Grantee acknowledges any expenditures not approved in the grant application or
financial reports submitted are not reimbursable by the AZVoteSafe grant program.
12. Grantee agrees it may not utilize funding to create subgrants unless pre-approval has
been given by the Governor’s Office.
13. Grantee must maintain inventory records of all property purchased with grant funds.
Disposition of this property shall be in accordance with 2 CFR § 200.313.
14. Grantee understands record retention is subject to 2 CFR §215.53.
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IN WITNESS WHEREOF, the Parties have made and executed the Agreement the day and year first
above written.
FOR GRANTEE:
Authorized Signatory
Date
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 Governor’s Office 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):
Appropriate A.R.S., ordinance, or charter reference
FOR GOVERNOR’S OFFICE:
Matthew Gress, Director
Date
State of Arizona
Governor’s Office of Strategic Planning and Budgeting
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