FY21 DRUGSTATE DRUGFED PROGINC DRUG, GANG, AND VIOLENT CRIME GRANT AGREEMENT.PDF
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Arizona Criminal Justice Commission
Chairperson
SHEILA POLK
Yavapai County Attorney
Vice-Chairperson
STEVE STAHL, Chief
Law Enforcement Leader
City of Maricopa Police Department
ALLISTER ADEL
Maricopa County Attorney
MARK BRNOVICH
Attorney General
DAVID K. BYERS, Director
Administrative Office of the Courts
BARBARA LAWALL
Pima County Attorney
GREG MENGARELLI, Mayor
City of Prescott
HESTON SILBERT, Director
Department of Public Safety
MARK NAPIER
Pima County Sheriff
PAUL PENZONE
Maricopa County Sheriff
DAVID SANDERS
Pima County Chief Probation Officer
DAVID SHINN, Director
Department of Corrections
C.T. WRIGHT, Chairperson
Board of Executive Clemency
VACANT
County Supervisor
VACANT
Former Judge
VACANT
Sheriff
VACANT
Chief
VACANT
Chief
VACANT
Chief
Executive Director
Andrew T. LeFevre
1110 West Washington, Suite 230
Phoenix, Arizona 85007
PHONE: (602) 364-1146
FAX:(602) 364-1175
www.azcjc.gov
June 1, 2020
The Honorable Allister Adel
Maricopa County Attorney’s Office
301 W. Jefferson Street, Suite 800
Parker, AZ 85003
Re: Drug, Gang, and Violent Crime Control (DGVCC) FY 2021 Cycle 34 Award, DC-21-027
Dear The Honorable Allister Adel:
On behalf of the Arizona Criminal Justice Commission, it is my pleasure to inform you that your
agency’s application has been approved for funding under the Cycle 34, FY 2021 Drug, Gang, and
Violent Crime Control Program.
Paragraphs six and seven, found on page 3 of the enclosed agreement provide the amount of
funding awarded to your agency and the specific positions that have been funded. Below, please find
additional information that will assist in the administration of your agency’s grant award.
Grant Agreement and Other Required Documents: Please review the grantee agreement and
accompanying instructions as revisions or new requirements may have been included. Please follow
the directions outlined in the Grant Agreement instructions, as well as instructions received in
DocuSign to execute the contract in its entirety with electronic authorized signatures. Agreements not
returned within 90 days of the award date with authorized signatures may be canceled. Additionally,
please refer to the Special Conditions section of the grant agreement for a listing of other required
documents, as applicable.
Administrative and Financial Requirements: In addition to applicable uniform administrative
requirements and cost principles, award recipients are required to adhere to grant specific program
requirements as defined in the grant agreement.
Reporting: Activity and financial reports are required for this grant and the reporting schedules are
contained in the agreement. Financial Reporting can be accessed at:
https://acjc.azcjc.gov/GMS3/Login.aspx. Activity reporting can be accessed at:
https://acjcreporting.azcjc.gov/Account/Login?ReturnUrl=%2F.
Office of Civil Rights Requirements: Annual Completion of Civil Rights Training is required for
this grant. Grantees must contact the Grant Coordinator to obtain registration to access the training.
If applicable, agencies awarded must complete an EEOC plan and submit it to the Office of Civil
Rights, Office of Justice Programs. Link to helpful EEOP information:
https://ojp.gov/about/offices/ocr.htm
If you have any questions, please contact Simone Courter at scourter@azcjc.gov or 602.364.1186.
Our office looks forward to the continued partnership.
Sincerely,
Tony Vidale, Deputy Director
Drug, Gang, and Violent Crime Control Program
Our mission is to continuously address, improve, sustain and enhance public safety in the State of Arizona through
the coordination, cohesiveness, and effectiveness of the Criminal Justice System
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
ARIZONA CRIMINAL JUSTICE COMMISSION
Drug, Gang, and Violent Crime Control
GRANT AGREEMENT
ACJC Grant Number DC-21-027
The following information is provided pursuant to 2 C.F.R. § 200.331(a)(1):
Grantee Name: Maricopa County Attorney’s Office
Grantee’s DUNS Number: 101558257000
Grantee Period of Performance Start and End Date: 07/01/2020 TO 06/30/2021
Amount of Federal Funds Obligated by this Agreement: $578,748
Total Amount of Federal Funds Obligated to the Grantee: $578,748
Indirect Cost Rate used by the Grantee under this Agreement: 0%
CFDA Number and Name: 16.738 – Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Name of Federal Awarding Agency: Department of Justice, Office of Justice Programs
Total Amount of the Federal Award in this Agreement: $3,610,450
Federal Award Identification Number (FAIN): BJA-2019-15142
Federal Award Date: 09/18/2019
Federal Award Project Description:
In general, JAG funds awarded to a state under this FY 2019 solicitation may be used to provide
additional personnel, equipment, supplies, contractual support, training, technical assistance, and
information systems for criminal justice, including for any one or more of the following:
Law enforcement programs
Prosecution and court programs
Prevention and education programs
Corrections and community corrections programs
Drug treatment and enforcement programs
Planning, evaluation, and technology improvement programs
Crime victim and witness programs (other than compensation)
Mental health programs and related law enforcement and corrections programs
Name of Pass-Through Entity: Arizona Criminal Justice Commission
Contact Information for Pass-Through Entity: Arizona Criminal Justice Commission, 1110 W. Washington
Street, Suite 230, Phoenix, AZ, 85007
Identification of Whether the Award is Research and Development: No
Indirect Cost Rate for the Federal Award: 0%
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
Drug, Gang, and Violent Crime Control ACJC Grant Number DC-21-027
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This Grant Agreement is made this 1st day of June, 2020 by and between the ARIZONA CRIMINAL
JUSTICE COMMISSION hereinafter called “COMMISSION” and MARICOPA COUNTY, through MARICOPA
COUNTY ATTORNEY’S OFFICE hereinafter called “GRANTEE.”
The COMMISSION enters into this
Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (B)(6), and having satisfied
itself as to the qualification of GRANTEE;
NOW, THEREFORE, it is agreed between the parties as follows:
1.
This Agreement will commence on July 1, 2020 and terminate on June 30, 2021. This
Agreement expires at the end of the award period unless prior written approval for an
extension has been obtained from the COMMISSION.
A request for an extension must be
received by the COMMISSION sixty (60) days prior to the end of the award period.
The
COMMISSION in its sole discretion may approve an extension that furthers the goals and
objectives of the program and shall determine the length of any extension.
2.
GRANTEE agrees that grant funds will be used in accordance with applicable program rules,
guidelines, and special conditions.
3.
The
COMMISSION
will
monitor
GRANTEE
performance
against
program
goals
and
performance
standards
and
those
outlined
in
the
grant
application.
Substandard
performance, as determined by the COMMISSION, will constitute noncompliance with this
Agreement.
If the COMMISSION finds noncompliance, the GRANTEE will receive a written
notice which identifies the area of noncompliance, and the appropriate corrective action to be
taken. If the GRANTEE does not respond within thirty (30) calendar days to this notice and
does not provide sufficient information concerning the steps which are being taken to correct
the problem, the COMMISSION may suspend funding, permanently terminate this Agreement
or revoke the grant.
4.
Any deviation or failure to comply with the purpose and/or conditions of this Agreement
without prior written COMMISSION approval may constitute sufficient reason for the
COMMISSION 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.
5.
This Agreement may be modified only by a written amendment signed by the Executive
Director or by persons authorized by the Executive Director on behalf of the COMMISSION
and GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be
considered to have been given when actually received by the following addressee or their
agents or employees:
A. If to the COMMISSION:
Arizona Criminal Justice Commission
1110 W. Washington Street, Suite 230
Phoenix, Arizona 85007
Attn: Program Manager
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
Drug, Gang, and Violent Crime Control ACJC Grant Number DC-21-027
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B. If to the GRANTEE:
Maricopa County Attorney’s Office
301 W. Jefferson Street, Suite 800
Phoenix, AZ 85003
Attn: The Honorable Allister Adel
6.
For grant awards above $100,000, GRANTEE may make budget adjustments of up to ten
(10) percent of the total grant within any approved budget category excluding equipment.
Written approval from the COMMISSION in advance is required if GRANTEE wishes to make
adjustments or reprogram in excess of ten (10) percent or if GRANTEE wishes to purchase
equipment not previously approved.
For grant awards less than $100,000, the GRANTEE may make budget adjustments within
approved categories excluding equipment as long as there are no changes to the purpose or
scope of the project.
If GRANTEE wishes to purchase equipment not previously approved,
written approval from the COMMISSION in advance is required.
APPROVED LINE ITEM PROGRAM BUDGET
Personnel:
Salaries
Fringe Benefits (for salaries/overtime)*
Overtime
Professional & Outside/Consultant & Contractual Services
Travel In-State
Travel Out-of-State
Confidential Funds
Operating Expenses:
Supplies
Registration/Training
Other
Equipment
Capital
Noncapital
TOTAL
$820,963.00
$255,558.00
NOT APPROVED
NOT APPROVED
NOT APPROVED
NOT APPROVED
NOT APPROVED
NOT APPROVED
NOT APPROVED
NOT APPROVED
NOT APPROVED
NOT APPROVED
$1,076,521.00
Positions Funded: Prosecutor IV (.89), Prosecutor IV (.88), Prosecutor III (1.0), Prosecutor
III (1.0), Prosecutor III (.89), Prosecutor III (.85), Prosecutor III (.78), Prosecutor II (.94),
Prosecutor II (.93)
Equipment Type: Not Approved.
*Reference the ACJC Grant Management Manual for definition of approved Fringe Benefit
7.
GRANTEE understands that other Federal grant funds cannot be used as a match for this
grant. The total to be paid by the COMMISSION under this Agreement shall not exceed
$578,748.00 in federal funds awarded to the COMMISSION by the U.S. Department of Justice
(USDOJ), Office of Justice Programs (OJP) and $228,642.00 in State Funds. If this grant has
a matching requirement GRANTEE understands that other federal grant funds cannot be used
as a match for this grant. The matching amount for this award is $269,131.00.
8.
Every payment obligation of the COMMISSION under this Agreement is conditioned upon the
availability of funds appropriated or allocated for the payment of such obligation. If funds
are not allocated and available for the continuance of this Agreement, this Agreement may
be terminated by the COMMISSION.
No liability shall accrue to the COMMISSION in the
event this provision is exercised, and the COMMISSION shall not be obligated or liable for
any future payments or for any damages as a result of termination under this paragraph.
9.
GRANTEE agrees that if it currently has an active award of federal funds or if it receives any
other award of federal funds during the period of performance for this award, and those
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award funds have been, are being or are to be used, in whole or in part, for one or more of
the identical cost items for which funds are being provided under this award, GRANTEE will
promptly notify, in writing, the COMMISSION, of the potential of duplication, and if so
requested by the COMMISSION, seek a budget modification or change-of-project-scope grant
adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
10. GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or
electronic) relating to this Agreement and the performance of this Agreement for no less than
five (5) years from the last financial report submitted to the COMMISSION. All such
documents shall be subject to inspection and audit at reasonable times, including such
records of any subgrantee, contractor, or subcontractor. GRANTEE also understands and
agrees that USDOJ and the United States General Accounting Office (USGAO) are authorized
to interview any officer or employee of the GRANTEE (or of any subgrantee, contractor, or
subcontractor) regarding transactions related to this award.
11. GRANTEE agrees that activities funded under this award will be closely coordinated with
related activities supported with the Office of Justice Programs (OJP), State, local or tribal
funds. Grant funds may only be used for the purposes 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 approval from
the COMMISSION.
12. GRANTEE agrees to track, account for, and report on all funds (including specific outcomes
and benefits) separately from all other funds for the same or similar purposes or programs.
Accordingly, the accounting systems of GRANTEE and all subgrantees must ensure that funds
from this award are not commingled with funds from any other source.
13. GRANTEE agrees to abide by Federal and State laws and provide accounting, auditing and
monitoring procedures to safeguard grant funds and keep such records to assure proper
fiscal controls, management and the efficient disbursement of grant funds.
14. For the purposes of this grant, a capital expenditure means expenditures to acquire capital
assets, as defined in 2 C.F.R. 200.12, or expenditures to make additions, improvements,
modifications, replacements, rearrangements, reinstallations, renovations, or alterations to
capital assets that materially increase their value or useful life, with a cost of $5,000 or
greater. If the GRANTEE’s capitalization policy defines a capital expenditure as less than
$5,000, the GRANTEE will follow its own policy.
15. GRANTEE agrees to maintain property records for equipment purchased with grant funds and
perform a physical inventory and reconciliation with property records at least every two years
or more frequently if required by GRANTEE policy. GRANTEE agrees that funds will not be
used for the construction of new facilities.
16. GRANTEE agrees to follow equipment disposition policies outlined in 2 C.F.R. 200.313(e)(1)
through
Uniform
Administrative
Requirements
for
Grants
and
Cooperative
Agreements-Equipment when the equipment is no longer needed for the grant program.
Link: e-CFR Navigation Aid: http://www.ecfr.gov/cgi-bin/ECFR?page=browse
17. GRANTEE agrees that all salaried personnel (including subgrantee personnel) whose activities
are to be charged to the award will maintain timesheets or certifications to document hours
worked for activities related to this award and non-award related activities. GRANTEE agrees
to keep time and attendance sheets for hourly employees signed by the employee and
supervisory official having firsthand knowledge of the work performed by the grant-funded
employees.
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18. GRANTEE agrees that it will submit financial and activity reports to the COMMISSION in a
format provided by the COMMISSION, documenting the activities supported by these grant
funds and providing an assessment of the impact of these activities which may include
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.
19. These reports are to be submitted according to the following schedule(s):
ACTIVITY REPORTS
Report Period:
Due Date:
July 1 to September 30
October 1 to December 31
January 1 to March 31
April 1 to June 30
October 15
January 15
April 15
July 15
FINANCIAL REPORTS
Report Period:
Due Date:
Report Period:
Due Date:
July 1 – July 31
August 25
January 1 – January 31
February 25
August 1 – August 31
September 25
February 1 – February 29
March 25
September 1 – September 30
October 25
March 1 – March 31
April 25
October 1 – October 31
November 25
April 1 – April 30
May 25
November 1 – November 30
December 25
May 1 – May 31
June 25
December 1 – December 31
January 25
June 1 – June 30
July 25
Additional reporting requirements may be required for GRANTEES who are considered high risk.
20. GRANTEE understands that financial reports are required as an accounting of expenditures
for either reimbursement or COMMISSION-approved advance payments.
21. The final request for reimbursement of grant funds must be received by the COMMISSION no
later than sixty (60) days after the last day of the award period.
22. All goods and services must be received or have reasonable expectations thereof and placed
in service by GRANTEE by the expiration of this award.
23. GRANTEE agrees that all encumbered funds must be expended and that goods and services
must be paid by GRANTEE within sixty (60) days of the expiration of this award.
24. GRANTEE agrees to remit all unexpended grant funds to the COMMISSION within thirty (30)
days of written request from the COMMISSION.
25. GRANTEE agrees to account for interest earned on federal grant funds and shall manage
interest income in accordance with the Cash Management Improvement Act of 1990 and as
indicated in the Office of Justice Programs Financial Guide. Interest earned in excess of
allowable limits must be remitted to the COMMISSION within 30 days after receipt of a
written request from the COMMISSION.
Link: OJP Financial Guide https://ojp.gov/financialguide/doj/pdfs/DOJ_FinancialGuide.pdf
26. GRANTEE agrees to obtain written COMMISSION approval for all sole source procurements in
excess of $150,000.
27. GRANTEE agrees to obtain written COMMISSION approval prior to the expenditure of grant
funds for consultant fees in excess of $650 per day.
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28. GRANTEE agrees to not use federal grant funds to pay cash compensation (salary plus
bonuses) to any employee paid by the grant at a rate that exceeds 110% of the maximum
annual salary payable to a member of the federal government’s Senior Executive Service
(SES) at an agency with a Certified SES Performance Appraisal System for that year. (An
award recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non-federal funds, unless otherwise noted
in the grant solicitation.)
29. GRANTEE agrees not to use grant funds for food and/or beverage unless explicitly approved
in writing by the COMMISSION.
30. GRANTEE agrees to comply with all applicable laws, regulations, policies and guidance
(including specific cost limits, prior approvals and reporting requirements, where applicable)
governing the use of grant funds for expenses related to conferences, meetings, trainings,
and other events, including the provision of food and/or beverages at such events, and costs
of attendance at such events unless explicitly approved in writing by the COMMISSION.
Information on pertinent laws, regulations, policies, and guidance is available in the OJP
Financial Guide (currently, as section 3.10 “Post-award Requirements” in the DOJ Grants
Financial Guide”).
31. No funds shall be used to supplant federal, state, county or local funds that would otherwise
be made available for such purposes. Supplanting means the deliberate reduction of state or
local funds because of the existence of any grant funds.
32. GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust
violations to the extent that such violations concern materials or services applied by third
parties to GRANTEE in exchange for grant funds provided under this Agreement.
33. The parties agree to use arbitration in the event of disputes in accordance with the provisions
of A.R.S. § 12-1501-12-1518. The laws of the State of Arizona apply to questions arising
under this Agreement and any litigation regarding this Agreement must be maintained in
Arizona courts, except as pertaining to disputes which are subject to arbitration.
(a) In the event of a dispute, controversy, or claim arising out of or relating in
any way to the Agreement, the complaining Party shall notify the other Party
in writing thereof. Within 30 calendar days of such notice, representatives of
both Parties shall meet at an agreed location to attempt to resolve the
dispute in good faith. Should the dispute not be resolved within 30 calendar
days after such notice, the complaining Party shall seek remedies exclusively
through arbitration, in accordance with the provisions of A.R.S. § 12-1501
through 12-1518.
(b) The arbitration demand must be a clear and concise statement of the claim
or dispute. The respondent’s answer and any counterclaims must be filed
within 20 calendar days of service of the demand.
(c) The arbitration shall be conducted in Maricopa County.
(d) The arbitration shall be conducted by one arbitrator. If the Parties are not
able to agree upon the selection of an arbitrator, within 20 calendar days of
the commencement of an arbitration proceeding by service of a demand for
arbitration, the court on application of a Party shall appoint the arbitrator.
(e) The arbitrator must promptly set a conference to clarify the claims and
defenses, to establish fair procedures, and to set a schedule for completing
the arbitration.
(f) It is the intent of the parties that, barring extraordinary circumstances,
arbitration proceedings will be concluded with 120 calendar days from the
date the arbitrator is appointed. The arbitrator may extend the time limit in
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the interests of justice. Failure to adhere to this time limit shall not
constitute a basis for challenging the award.
(g) The arbitrator must issue a written, reasoned award within 20 calendar days
from the date the hearing is formally closed, or as soon after that as is
feasible. The sole remedy will be actual damages; no punitive damages are
allowed.
(h) Unless the arbitrator orders otherwise, the Parties must share arbitration
costs equally, including arbitrator's fees and expenses. Each party must pay
its own expenses and attorney’s fees.
34. GRANTEE understands that grant funds may not be released until all delinquent reports and
reversion of funds from prior grants are submitted to the COMMISSION.
35. GRANTEE agrees that grant funds are not to be expended for any indirect costs that may be
incurred by GRANTEE for administering these funds unless explicitly approved in writing by
the COMMISSION.
This may include, but is not limited to, costs for services such as
accounting, payroll, data processing, purchasing, personnel, and building use which may
have been incurred by the GRANTEE.
36. 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 collectively referred to as “Claims”) arising
out of bodily injury of any person (including death) or property damage, but only to the
extent that such Claims which result in vicarious/derivative liability to the Indemnitee are
caused by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its
officers, officials, agents, employees, or volunteers.
If the GRANTEE is a State agency,
board, commission, or university of the State of Arizona, this paragraph shall not apply.
37. Should GRANTEE utilize a contractor(s) and subcontractor(s) the indemnification clause
between GRANTEE and its contractor(s) and subcontractor(s) shall include the following:
Contractor shall defend, indemnify,
and hold harmless the GRANTEE 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, 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 the contractor or any of the directors,
officers, agents, or employees or subcontractors of such contractor. 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 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 will 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 its departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees as an additional insured and also include a waiver of
subrogation in favor of the State. Insurance requirements for any contractor used by
GRANTEE are incorporated herein by this reference and attached to this Agreement as
Exhibit “A.”
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38. Restrictions and certifications regarding non-disclosure agreements and related matters
No GRANTEE under this award, or entity that receives a procurement contract or subcontract
with any funds under this award, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to
prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an
investigative or law enforcement representative of a federal department or agency authorized
to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award,
to contravene requirements applicable to Standard Form 312 (which relates to classified
information), Form 4414 (which relates to sensitive compartmented information), or any
other form issued by a federal department or agency governing the nondisclosure of
classified information.
(a) In accepting this award, the GRANTEE-
(i)
represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict)
employees or contractors from reporting waste, fraud, or abuse as
described above; and
(ii) certifies that, if it learns or is notified that it is or has been requiring its
employees or contractors to execute agreements or statements that
prohibit or otherwise restrict (or purport to prohibit or restrict), reporting
of waste, fraud, or abuse as described above, it will immediately stop any
further
obligations
of
award
funds,
will
provide
prompt
written
notification to the federal agency making this award, and will resume (or
permit resumption of) such
obligations only if expressly authorized to do
so by that agency.
(b) If the GRANTEE does or is authorized under this award to make subawards
("subgrants"), procurement contracts, or both—
(i)
it represents that-
1.
it has determined that no other entity that the recipient's application
proposes may or will receive award funds (whether through a
subaward ("subgrant"), procurement contract, or subcontract under a
procurement
contract)
either
requires
or
has
required
internal
confidentiality
agreements
or
statements
from
employees
or
contractors that currently prohibit or otherwise currently restrict (or
purport
to
prohibit
or
restrict)
employees
or
contractors
from
reporting waste, fraud, or abuse as described above; and
2.
it has made appropriate inquiry, or otherwise has an adequate factual
basis, to support this representation; and
(ii) it certifies that, if it learns or is notified that any sub-recipient, contractor,
or subcontractor entity that receives funds under this award is or has
been requiring its employees or contractors to execute agreements or
statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that
entity, will provide prompt written notification to the federal agency
making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
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39. GRANTEE agrees to notify the COMMISSION within ten (10) days in the event that the
project official is replaced during the award period.
40. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written
approval of the COMMISSION.
41. GRANTEE will comply with the audit requirements of Uniform Guidance (2 CFR 200 subpart F
200.500) and provide the COMMISSION with the audit report and any findings within 90 days
of receipt of such finding. If the report contains no findings, the GRANTEE must provide
notification that the audit was completed.
Link:
Audit
Requirements
for
OJP
Awards:
https://ojp.gov/funding/pdfs/AuditRequirementsPart200.pdf
42. GRANTEE certifies that it will comply with the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by
DOJ in 2 C.F.R. Part 2800 (together, the “Part 200 Uniform Requirements”) and the OJP
Financial Guide.
Link: 2 C.F.R Part 200 for OJP Awards:
https://ojp.gov/funding/Part200UniformRequirements.htm
43. Compliance with general appropriations-law restrictions on the use of federal funds for
awards made after FY 2019. GRANTEE or sub-grantee at any tier must comply with all
applicable restrictions on the use of federal funds set out in federal appropriations statutes.
Should a question arise as to whether a particular use of federal funds by a GRANTEE would
or might fall within the scope of an appropriations-law restriction, the recipient is to contact
OJP for guidance, and may not proceed without the express prior written approval of OJP.
Pertinent restrictions, including from various "general provisions" in the Consolidated
Appropriations Act, 2019 https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm
44. GRANTEE agrees that it cannot use any federal funds, either directly or indirectly, in support
of any contract or subaward to either the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries, without the express written approval of the Office of Justice
Programs through the COMMISSION.
45. GRANTEE understands and agrees that misuse of award funds may result in a range of
penalties, including suspension of current and future funds, suspension or debarment from
federal grants, recoupment of monies provided under an award, and civil and/or criminal
penalties.
46. GRANTEE agrees not to do business with any individual, agency, company, or corporation
listed in the Excluded Parties Listing Service.
Link: System for Award Management https://www.sam.gov/SAM/
47. GRANTEE agrees to ensure that, no later than the due date of the GRANTEE’s first financial
report after the award is made, GRANTEE and any subgrantees have a valid DUNS profile
and active registration with the System for Award Management (SAM) database.
48. GRANTEE certifies that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement.
49. GRANTEE understands and agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OJP Training Guide
Principles for Grantees and Subgrantees.
Link:
OJP
Training
Guide
Principles
for
Grantees
and
Subgrantees
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm
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50. GRANTEE agrees to cooperate and participate with any and all assessments, evaluation
efforts or information and data collection requests and acknowledges that the federal or state
grantor agency has the right to obtain, reproduce, publish or use data provided under this
award and may authorize others to receive and use such information.
51. GRANTEE shall provide the COMMISSION with a copy of all interim and final reports and
proposed publications (including those prepared for conferences and other presentations)
resulting from this Agreement.
Submission of such materials must be prior to or
simultaneous with their public release.
52. GRANTEE agrees that any publications (written, visual, or sound) excluding press releases
and newsletters, whether published at the GRANTEE’S or COMMISSION’S expense, shall
contain the following statement:
“This was supported by Award No. 2019-DJ-BX-0029 awarded by the Bureau of Justice
Assistance, Office of Justice Programs, U.S. Department of Justice. The opinions, findings,
and conclusions or recommendations expressed in this publication/program/exhibition are
those of the author(s) and do not necessarily reflect the views of the Department of Justice.”
53. GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime
Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c);
the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as
amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis
of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded
that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by-case basis
to permit some faith-based organizations to receive DOJ funds while taking into account
religion when hiring staff, even if the statute that authorizes the funding program generally
forbids recipients from considering religion in employment decisions. Please consult with the
OCR if you have any questions about the regulation or the application of RFRA to the statues
that prohibit discrimination in employment. An organization that is a recipient of financial
assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two
obligations: (1) complying with the federal regulation pertaining to the development of an
EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of
discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). If in the three years prior to the date
of the grant award a Federal or State Court or Federal or State administrative agency makes
a finding of discrimination after a due process hearing against GRANTEE, GRANTEE will
forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and
the COMMISSION.
54. In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42
U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance
Recipient Regarding Title VI Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the
civil rights responsibilities that recipients have in providing language services to LEP
individuals, please see the website:
Link: Limited English Proficiency A Federal Interagency Website http://www.LEP.gov
55. GRANTEE agrees to comply with the applicable requirements of 28 CFR Part 38, the
Department of Justice regulation governing "Partnerships with Faith-Based and Other
Neighborhood Organizations" (the "PFNBO"). The PFNBO Regulation provides in part that
Department of Justice financial assistance may not be used to fund any inherently religious
activities, such as worship, religious instruction, or proselytization. Recipients of Department
of Justice financial assistance may still engage in inherently religious activities, but such
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activities must be separate in time or place from the Department of Justice funded program,
and participation in such activities by individuals receiving services from GRANTEE must be
voluntary. The PFNBO Regulation also makes clear that organizations participating in
programs receiving financial assistance from the Department of Justice are not permitted to
discriminate
in
the
provision
of
services
on
the
basis
of
a
beneficiary’s
religion.
Notwithstanding any other special condition of this award, faith-based organizations may, in
some circumstances, consider religion as a basis for employment.
Link:
https://ojp.gov/funding/Explore/SolicitationRequirements/CivilRightsRequirements.htm#NDPFaith
56. Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)
The
GRANTEE
or
subgrantee at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited
conduct related to the trafficking of persons, whether on the part of recipients,
GRANTEES, or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any GRANTEE.
The details of the recipient's obligations related to prohibited conduct related to
trafficking
in
persons
are
posted
on
the
OJP
web
site
at
http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition:
Prohibited conduct by recipients and GRANTEES related to trafficking in persons
(including reporting requirements and OJP authority to terminate award)) and are
incorporated by reference here.
57. GRANTEE should be mindful that the misuse of arrest or conviction records to screen either
applicants for employment or employees for retention or promotion may have a disparate
impact based on race or national origin, resulting in unlawful employment discrimination. As
of June 2013, OJP has issued an advisory that grantees should consult local counsel in
reviewing their employment practices. If warranted, grantees should also incorporate an
analysis of the use of arrest and conviction records in their Equal Employment Opportunity
Plan (EEOP). See Advisory for Recipients of Financial Assistance from the U.S. Department of
Justice on the U.S. Equal Employment Opportunity Commission’s Enforcement Guidance:
Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of
the
Civil
Rights
Act
of
1964
(June
2013),
available
at
http://www.ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf.
58. GRANTEE assures that it will comply with all state and federal laws regarding privacy during
the course of the award.
All information relating to clients is to be treated with
confidentiality in accordance with 42 USC section 3789g or 42 USC 14132(b)(3) that are
applicable to the collection, disclosure, use, and revelation of data information. GRANTEE
further agrees to submit a privacy Certificate that is in accordance with requirements of 28
CFR Part 22 if applicable to the program.
59. GRANTEE agrees to formulate and keep on file an EEOP (if GRANTEE is required pursuant to
28 CFR 42 Subpart E).
GRANTEE certifies that they have forwarded to the Office for Civil
Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and
have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply
may result in suspension of grant funds. Copies of all submissions such as certifications to or
correspondence with the Office for Civil Rights, Office of Justice Programs regarding this
requirement must be provided to the COMMISSION by GRANTEE. In the event a federal or
state
court
or
federal
or state administrative agency makes an adverse finding of
discrimination against GRANTEE after a due process hearing, on the ground of race, color,
religion, national origin, or sex, GRANTEE will forward a copy of the findings to the Office for
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Civil Rights, Office of Justice Programs and the COMMISSION (see 28 CFR 42.204(c),
.205(c)(5)).
60. GRANTEE agrees to participate in any required civil rights related training to ensure
compliance with all federal and state civil rights laws. GRANTEE will inform the COMMISSION
of the position responsible for civil rights compliance and will inform the COMMISSION of
change in personnel responsible for civil rights compliance within ten days.
Link: http://www.azcjc.gov/grants
61. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
GRANTEE must comply with and is subject to, all applicable provisions of 41 U.S.C. 4712,
including all applicable provisions that prohibit, under specified circumstances, discrimination
against an employee as reprisal for the employee's disclosure of information related to gross
mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority
relating to a federal grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a federal grant.
GRANTEE also must inform its employees, in writing (and in the predominant native language
of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question
arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is
to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
62. To support public safety and justice information sharing, GRANTEE, if a governmental
subdivision, shall use the National Information Exchange Model (NIEM) specifications and
guidelines for this grant. GRANTEE shall publish and make available without restrictions all
schemas generated as a result of this grant to the component registry as specified in the
guidelines.
Link: http://niem.github.io/reference/specifications/
63. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
GRANTEE must comply with and is subject to, all applicable provisions of 41 U.S.C. 4712,
including all applicable provisions that prohibit, under specified circumstances, discrimination
against an employee as reprisal for the employee's disclosure of information related to gross
mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority
relating to a federal grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a federal grant.
GRANTEE also must inform its employees, in writing (and in the predominant native language
of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question
arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is
to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
64. To avoid duplicating existing networks or IT systems in any initiatives for law enforcement
information sharing systems which involve interstate connectivity between jurisdictions, such
systems shall employ, to the extent possible, existing networks as the communication
backbone to achieve interstate connectivity, unless GRANTEE can demonstrate to the
satisfaction of the COMMISSION that this requirement would not be cost beneficial or would
impair the functionality of an existing or proposed IT system.
65. If GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent
possible and practical, share criminal justice information with other authorized criminal justice
agencies.
The process control number (PCN) shall be used in accordance with A.R.S. §
41-1750 when sharing data with other criminal justice agencies as electronic data systems
are developed or improved.
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66. If GRANTEE is a state agency and the award is for the development of information
technology projects for more than $25,000, GRANTEE must complete a Project Investment
Justification (PIJ) and submit the justification to the Arizona Department of Administration
(ADOA), with a copy to the COMMISSION.
GRANTEE agrees to submit required project
status reports to ADOA by the due dates and submit copies to the COMMISSION.
If GRANTEE is not a state agency and the award is for the development of information
technology projects, GRANTEE will follow local technology policies and guidelines.
67. GRANTEE must promptly refer to the COMMISSION any credible evidence that a principal,
employee, agent, contractor, sub-grantee, contractor, subcontractor, or other person has, in
connection with funds under this award, has either 1) submitted a false claim that violates
the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud,
conflict of interest, bribery, gratuity, or similar misconduct. The COMMISSION shall forward
the referral to the Department of Justice, Office of the Inspector General.
68. The COMMISSION encourages GRANTEE to establish workplace safety policies and conduct
education, awareness and other outreach to decrease crashes caused by distracted drivers,
including adopting and enforcing policies banning employees from text messaging while
driving any vehicle during the course of performing work funded by this grant. Executive
Order 13513, “Federal Leadership on Reducing Text Messaging While Driving,” 74 Fed. Reg.
51225 (October 2009).
69. GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in
28 CFR Part 83, Subpart F, for grantees, as defined in 28 CFR, Part 83 Sections 83.620 and
83.650.
70. GRANTEE
agrees
to
complete
and
keep
on
file,
as
appropriate,
Immigration
and
Naturalization Form (I-9).
This form is to be used by recipients to verify that persons are
eligible to work in the United States. Additionally, GRANTEE ensures compliance with A.R.S. §
41-4401 by state employers and contractors.
71. GRANTEE acknowledges that immigration laws require them to register and participate with
the E-Verify program (employment verification program administered by the United States
Department of Homeland Security and the Social Security Administration or any successor
program) as they both employ one or more employees in this state. GRANTEE warrants that
they have registered with and participate with E-Verify. If the COMMISSION later determines
that the GRANTEE has not complied with E-Verify, it will notify the non-compliant GRANTEE
by certified mail of the determination and of the right to appeal the determination.
72. GRANTEE certifies that no federal funds will be paid, by or on behalf of, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into any cooperative agreement, and for the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
If any funds other than Federal funds are paid or will be
paid to any person for influencing or attempting to influence an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal award,
grant loan, or cooperative agreement, the GRANTEE will complete and submit to the
COMMISSION Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with
its instructions.
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73. GRANTEE understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy at any level of government, without the express prior written approval of
the Commission.
74. GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall
be in any way, or to any extent, engaged in conduct of political activities in violation of USC
Title 5, Part II, Chapter 15, section 1502.
75. GRANTEE understands and agrees that award funds may not be used to discriminate against
or denigrate the religious or moral beliefs of students who participate in programs for which
financial assistance is provided from those funds, or of the parents or legal guardians of such
students.
76. GRANTEE understands and agrees that- (a) no award funds may be used to maintain or
establish a computer network unless such network blocks the viewing, downloading and
exchanging or pornography, and (b) nothing in subsection (a) limits the use of funds
necessary for any Federal, State, tribal or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or adjudication activities.
77. GRANTEE agrees to comply with all federal, state, and local environmental laws and
regulations applicable to the development and implementation of activities to be funded
under this award.
Additional requirements may be found in the Grant Agreement
Continuation Sheet.
78. GRANTEE agrees that all gross income earned by the GRANTEE that is directly generated by
a supported activity or earned as a result of this award during the period of performance
shall be deemed program income. All program income must be accounted for and used for
the purpose under the conditions applicable for the use of funds under this award, including
the effective edition of the OJP Financial Guide and, as applicable in 2 C.F.R. Part 200
Uniform Requirements.
79. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. This
Agreement may also be canceled at the COMMISSION’S discretion if not returned with
authorized signatures to the COMMISSION within 90 days of commencement of the award.
80. 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.
81. GRANTEE agrees to comply with all Special Condition(s) included with this Agreement on the
Grant Agreement Continuation Sheet.
82. GRANTEE understands that grant funds may not be released until GRANTEE is compliant with
all requirements of the grant agreement.
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Arizona Criminal Justice Commission
Drug, Gang, and Violent Crime Control
GRANT AGREEMENT CONTINUATION SHEET
SPECIAL CONDITION(S)
1.
GRANTEE must verify Agency Point of Contact (APOC), Financial Point of Contact (FPOC),
Program Point of Contact (PPOC), and Authorized Official contact information in the Grants
Management System (GMS), including telephone number and e-mail address. If any information
is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the GMS to
document changes. In addition, the FPOC and PPOC must be assigned by the APOC prior to
payments being made.
2.
GRANTEE agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects,
including obtainment of Institutional Review Board approval, if appropriate, and subject
informed consent.
3.
GRANTEE agrees to comply with all confidentiality requirements of 34 U.S.C section 10231 and
28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information.
GRANTEE further agrees, as a condition of grant approval, to submit a Privacy Certificate that is
in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23.
4.
GRANTEE ensures that it uses generally accepted laboratory practices and procedures as
established by accrediting organizations or appropriated certifying bodies.
5.
Absent prior express written approval from the COMMISSION, rates for any lodging charged to
the grant may not exceed the posted GSA rate for the location. If the GRANTEE opts to obtain
lodging at a higher rate, the cost differential, including associated taxes, may not be charged to
the award.
6.
GRANTEE acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license
to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part,
including in connection with derivative works), for Federal purposes: (1) any work subject to
copyright developed under an award or subaward; and (2) any rights of copyright to which a
recipient or subrecipient purchases ownership with Federal support.
7.
GRANTEE understands and agrees that program income earned during the award period and
expenditures from program income must be reported quarterly with a final report. These funds
are subject to audit.
Program income that is earned during the final sixty (60) days of the
award period, if appropriate, be obligated and expended for permissible uses during the
sixty-day (60-day) period following the award period. Any program income that is earned, but
not obligated or expended within sixty (60) days of the end of the award period must be
returned to the COMMISSION.
8.
GRANTEE agrees that within 120 days of award, for any law enforcement task force funded with
these funds, the task force commander, agency executive, task force officers and other task
force members of equivalent rank, will complete required online (internet-based) task force
training to be provided free of charge through BJA’s Center for Task Force Integrity and
Leadership (www.ctfli.org). Task force members need only take the training once every four
years. GRANTEE will compile and maintain a task force personnel roster and course completion
certificates.
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9.
Quarterly
performance
metrics
reports
must
be
submitted
through
BJA’s
Performance
Measurement Tool (PMT) website (https://ojpsso.ojp.gov/). For more detailed information on
reporting and other JAG requirements, refer to the JAG reporting requirements webpage.
Failure to submit required JAG reports by established deadlines may result in the freezing of
grant funds and future High-Risk designation.
10. Any law enforcement agency receiving direct or sub-awarded JAG funding must submit
quarterly accountability metrics data related to training that officers have received on the use of
force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the
public.
11. GRANTEE must comply with all provisions of Title 8, United States Code, Section 1373, which
addresses the exchange of information regarding citizenship and immigration status among
federal, state, and local government entities and officials.
a.
Requirement to collect certain information from sub-recipients
i)
The recipient may not make a subaward to a State, a local government, or a "public"
institution of higher education, unless it first obtains from the proposed sub-recipient
responses to the questions identified in the program solicitation as "Information
regarding Communication with the Department of Homeland Security (DHS) and/or
Immigration and Customs Enforcement (ICE)." All sub-recipient responses must be
collected and maintained by the recipient, consistent with regular document retention
requirements, and must be made available to DOJ upon request. Responses to these
questions
are
not
required
from
sub-recipients
that
are
either
a
tribal
government/organization, a nonprofit organization or a private institution of higher
education.
b.
Noninterference (within the funded "program or activity") with federal law enforcement: 8
U.S.C. 1373 and 1644; ongoing compliance
i)
With respect to the "program or activity" funded in whole or part under this award
(including any such program or activity of any sub-recipient at any tier), throughout the
period of performance, no State or local government entity, - agency, or -official may
prohibit or in any way restrict-- (I) any government entity or -official from sending or
receiving information regarding citizenship or immigration status as described in 8
U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or
receiving, maintaining, or exchanging information regarding immigration status as
described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that
violates this condition is an "information-communication restriction" under this award.
ii)
Certifications from sub-recipients. The recipient may not make a subaward to a State, a
local government, or a "public" institution of higher education, unless it first obtains a
certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief
legal officer of the government or educational institution that would receive the
subaward,
using
the
appropriate
form
available
at
https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm. Also, the recipient
must require that no sub-recipient (at any tier) may make a further subaward to a
State, a local government, or a public institution of higher education, unless it first
obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by
the chief legal officer of the government or institution that would receive the further
subaward, using the appropriate OJP form.
iii) Rules of Construction
(1) For purposes of this condition:
(2) "State" and "local government" include any agency or other entity thereof, but not
any institution of higher education or any Indian tribe.
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(3) "public" institution of higher education is defined as one that is owned, controlled,
or directly funded (in whole or in substantial part) by a State or local government.
(Such a public institution is considered to be a "government entity," and its officials
to be "government officials.")
(4) "Program or activity" means what it means under title VI of the Civil Rights Act of
1964 (see 42 U.S.C. 2000d-4a).
(5) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644;
and terms that are defined in 8 U.S.C. 1101 mean what they mean under that
section 1101, except that "State" also includes American Samoa.
(6) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note
("Abolition ... and Transfer of Functions"), references to the "Immigration and
Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to
particular components of the Department of Homeland Security (DHS).
iv) Nothing in this condition shall be understood to authorize or require any recipient, any
sub-recipient at any tier, any State or local government, any public institution of higher
education, or any other entity (or individual) to violate any federal law, including any
applicable civil rights or nondiscrimination law.
c.
Noninterference (within the funded "program or activity") with federal law enforcement: No
public disclosure of certain law enforcement sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in
whole or in part) by the award, as of the date the recipient accepts this award, and
throughout the remainder of the period of performance. Its provisions must be among
those included in any subaward (at any tier).
i)
Noninterference: No public disclosure of federal law enforcement information in order to
conceal, harbor, or shield
Consistent with the purposes and objectives of federal law enforcement statutes and
federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. I, 49,227), no public
disclosure may be made of any federal law enforcement information in a direct or
indirect attempt to conceal, harbor, or shield from detection any fugitive from justice
under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United
States in violation of8 U.S.C. ch. 12 - without regard to whether such disclosure would
constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8
U.S.C. 1324(a).
ii)
Rules of construction
(1) For purposes of this condition--
(2)
the term "alien" means what it means under section 101 of the Immigration
and Nationality Act (see 8 U.S.C.101(a)(3));
(3) the term "federal law enforcement information" means law enforcement sensitive
information communicated or made available, by the federal government, to a State
or local government entity, -agency, or -official, through any means, including,
without limitation- (1) through any database, (2) in connection with any law
enforcement partnership or -task-force, (3) in connection with any request for law
enforcement assistance or -cooperation, or (4) through any de-confliction (or
courtesy) notice of planned, imminent, commencing, continuing, or impending
federal law enforcement activity;
(4) the term "law enforcement sensitive information" means records or information
compiled for any law enforcement purpose; and
(5) the term "public disclosure" means any communication or release other than one--
(a) within the recipient, or (b) to any sub-recipient (at any tier) that is a
government entity.
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
Drug, Gang, and Violent Crime Control ACJC Grant Number DC-21-027
Page 18
12. GRANTEE must submit the following documents within 45 days of award. Failure to submit the
documents will result in a hold of grant funding. Documents may be accessed through the
GRANTEE’s
GMS
record
and
submitted
under
“Activity
Reporting”
also
in
GMS:
https://acjc.azcjc.gov/GMS3/Login.aspx. Originals must be kept at the GRANTEE’S agency.
a.
ACJC
Subgrantee
Self-Assessment
Questionnaire
can
be
obtained
at
http://azcjc.gov/drug-gang-violent-crime or in the GRANTEE’s GMS grant record accessed
through https://acjc.azcjc.gov/GMS3/Login.aspx.
b.
Benchmark Worksheet can be submitted through http://acjcreporting.azcjc.gov
c.
For any agency that is eligible to receive income as a result of grant-funded activities, it
must complete the ACJC Program Income Worksheet. The worksheet may be filled out at
http://acjcreporting.azcjc.gov
Before the COMMISSION may transmit Federal funds from the FY 2019 Byrne/JAG grant, the
GRANTEE is required to submit the properly executed certifications and questionnaire regarding
compliance with 8 U.S.C § 1373.
d.
Certifications and Assurances by the Chief Executive Officer of the Jurisdiction and DHS and
ICE Communications Questionnaire. Failure to submit the following two (2) certifications
and Questionnaire will result in a hold of Federal funds. The DHS and ICE Communications
Questionnaire document will be sent by email with grant agreement documents and
attachments. Certifications and Assurances and Communications Questionnaire and may be
returned by email to dcadmin@azcjc.gov or by mail. The two required certifications can be
obtained at:
https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/fy2019localjagceo
certification.pdf
i)
DHS
and
ICE
Communications
Questionnaire.
Form
can
be
found
at:
http://azcjc.gov/drug-gang-violent-crime
13. GRANTEE assures if they are a state agency that the State Information Technology Point of
Contact receives written notification regarding any information technology project funded by
this grant.
GRANTEE agrees to keep on file documentation showing that it has met this
requirement.
14. GRANTEE agrees and understands that funded activities may require the preparation of an
Environmental
Assessment
(EA)
as
defined
by
the
Council
of
Environmental
Quality’s
Regulations for implementing the Procedural Provisions of the National Environmental Policy Act
(NEPA), found at 40 CFR Part 1500.
15. GRANTEE agrees to comply with all federal, state, and local environmental laws and regulations
applicable to the development and implementation of activities to be funded under this award.
The GRANTEE agrees and understands that complying with NEPA may require the preparation
of an Environmental Assessment and/or an Environmental Impact Statement, as directed by
BJA. The GRANTEE further understands and agrees to requirements for the implementation of
a Mitigation Plan, as detailed at https://www.bja.gov/Funding/nepa.html for programs relating
to methamphetamine laboratory operations.
16. GRANTEE agrees that any information technology system developed or supported by funds will
comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines
this regulation be applicable. Should OJP determine 28 CFR Part 23 to be applicable, OJP may at
its discretion, perform audits of the system, as per 28 CFR 23.20(g). Should any violation of 28
CFR Part 23 occur, GRANTEE may be fined as per 42 USC 3789g(c)-(d). GRANTEE may not
satisfy such a fine with federal funds.
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
Drug, Gang, and Violent Crime Control ACJC Grant Number DC-21-027
Page 19
17. GRANTEE agrees that no JAG funds may be expended on unmanned aircraft, unmanned aircraft
systems, or aerial vehicles (US, UAS, or UAV) without prior express written approval from the
Commission.
18. If JAG Program funds will be used for DNA testing of evidentiary materials, any resulting eligible
DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA
database operated by the Federal Bureau of Investigation (FBI)) by a government DNA lab with
access to CODIS. No profiles generated with JAG funding may be entered into any other
non-governmental DNA database without prior express written approval from BJA. For more
information,
refer
to
the
NIJ
DNA
Backlog
Reduction
Program,
available
at
www.nij.gov/topics/forensics/lab-operations/evidence-backlogs/Pages/backlog-reduction-progra
m.aspx.
In addition, funds may not be used for purchase of DNA equipment and supplies when the
resulting DNA profiles from such technology are not accepted for entry into CODIS.
19. GRANTEE acknowledges the requirements of the award; remedies for non-compliance or for
materially false statements. The conditions of this award are material requirements of the
award. Compliance with any certifications or assurances submitted by or on behalf of the
recipient that relate to conduct during the period of performance also is a material requirement
of this award.
Failure to comply with any or more of these award requirements—whether a condition set out in
full below, a condition incorporated by the reference below, or a certification or assurance
related to conduct during the award period may result in the Office of Justice Programs (“OJP”)
taking appropriate action with respect to the recipient and the award. Among other things, the
OJP may withhold funds, disallow costs, or suspend or terminate the award. The Department of
Justice (“DOJ”), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this
award (or concealment or omission of a material fact) may be the subject of criminal
prosecution (including under 18 U.S.C 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and
also may lead to imposition of civil penalties and administrative remedies for false claims or
otherwise (including under 31 U.S.C 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by
its terms, that provision shall first be applied with limited construction so as to give it the
maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid
or unenforceable, such provision shall be deemed severable from this award.
20. GRANTEE must have written procedures in place to respond in the event of an actual or
imminent “breach” (OMB M-17-12) if it 1) creates, collects, uses, processes, stores, maintains,
disseminates, discloses, or disposes of “personally identifiable information (PII)” (2 CFR 200.79)
within the scope of an OJP grant-funded program or activity, or 2) uses or operates a “Federal
information system” (OMB Circular A-130). The GRANTEE’S breach procedures must include a
requirement to report actual or imminent break of PII to the COMMISSION no later than 24
hours after an occurrence of an actual breach, or the detection of an imminent breach.
Authorized Official Initials:_______
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
Drug, Gang, and Violent Crime Control ACJC Grant Number DC-21-027
Page 20
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
Approved as to form and authority to enter into Agreement:
Legal counsel for GRANTEE
Date
Printed Name and Title
Statutory or other legal authority to enter into Agreement:
Appropriate A.R.S., ordinance, or charter reference
FOR CRIMINAL JUSTICE COMMISSION:
Andrew T. LeFevre, Executive Director
Date
Arizona Criminal Justice Commission
Revised 8/3/2016
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
Drug, Gang, and Violent Crime Control ACJC Grant Number DC-21-027
Page 21
ARIZONA CRIMINAL JUSTICE COMMISSION
GRANT AGREEMENT
Insurance Requirements
Exhibit “A”
Insurance Requirements for Governmental Parties to a Grant Agreement:
None.
Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement:
(Note: this applies only to Contractors used by a governmental entity, not to the governmental entity
itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity
covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that
the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from
liabilities that might arise out of the performance of the work under this Contract by the Contractor, his
agents, representatives, employees or subcontractors, and Contractor and the governmental entity are
free to purchase additional insurance.
A.
MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits
of liability not less than those stated below.
1.
Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, and broad form contractual
liability.
●
General Aggregate
$2,000,000
●
Products-Completed Operations Aggregate
$1,000,000
●
Personal and Advertising Injury
$1,000,000
●
Fire Legal Liability
$50,000
●
Each Occurrence
$1,000,000
a.
The policy shall be endorsed, as required by this written agreement, to
include
the
State of Arizona, and its departments, agencies, boards,
commissions,
universities, officers, officials, agents, and employees as
additional insureds with respect to liability arising out of the activities
performed by or on behalf of the Contractor.
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s), and they should supply the Contractor with their own
list of persons to be insured.)
b.
Policy shall contain a waiver of subrogation endorsement, as required by this
written agreement, in favor of the State of Arizona, and its departments,
agencies, boards, commissions, universities, officers, officials, agents, and
employees for losses arising from work performed by or on behalf of the
Contractor.
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
Drug, Gang, and Violent Crime Control ACJC Grant Number DC-21-027
Page 22
Exhibit “A” Page 2
2.
Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned
vehicles used in the performance of this Contract.
Combined Single Limit (CSL)
$1,000,000
a.
The policy shall be endorsed, as required by this written agreement, to include
the State of Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees as additional insureds
with respect to liability arising out of the activities performed by or on behalf
of, the Contractor involving automobiles owned, hired and/or non-owned by
the Contractor.
b.
Policy shall contain a waiver of subrogation endorsement as required by this
written agreement in favor of the State of Arizona, and its departments,
agencies, boards, commissions, universities,
officers, officials, agents, and
employees for losses arising from work performed by or on behalf of the
Contractor.
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s), and they should supply the Contractor with their own
list of persons to be insured.)
3.
Worker's Compensation and Employers' Liability
Workers' Compensation
Statutory
Employers' Liability
Each Accident
$1,000,000
Disease – Each Employee
$1,000,000
Disease – Policy Limit $1,000,000
a.
Policy shall contain a waiver of subrogation endorsement, as required by this
written agreement, in favor of the State of Arizona, and its departments,
agencies, boards, commissions, universities, its officers, officials, agents, and
employees for losses arising from work performed by or on behalf of the
Contractor.
b. This requirement shall not apply to each contractor or subcontractor that is
exempt under A.R.S. § 23-901, and when such contractor or subcontractor
executes
the
appropriate
waiver
form
(Sole
Proprietor or Independent
Contractor).
Additional Insurance Requirements:
The policies shall include, or be endorsed to include, as required by this written agreement, the following
provisions:
The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary and
that any insurance carried by the Department, its agents, officials, employees or the State of Arizona
shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).
Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the
indemnification provisions of this Contract.
Notice of Cancellation:
For each insurance policy required by the insurance provisions of this Contract, the Contractor must
provide to the State of Arizona, within two (2) business days of receipt, a notice if a policy is suspended,
voided, or cancelled for any reason. Such notice shall be mailed, emailed, hand delivered or sent by
facsimile transmission to (Enter Contracting Agency Representative’s Name, Address, and Fax Number
Here).
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
Drug, Gang, and Violent Crime Control ACJC Grant Number DC-21-027
Page 23
Acceptability of Insurers:
Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved
non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.
Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants
that the above-required minimum insurer rating is sufficient to protect the Contractor from potential
insurer insolvency.
Verification of Coverage:
Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or
equivalent approved by the State of Arizona) as required by this Contract. An authorized representative of
the insurer shall sign the certificates.
All certificates and endorsements, as required by this written agreement, are to be received and
approved by the State of Arizona before work commences. Each insurance policy required by this
Contract must be in effect at, or prior to, the commencement of work under this Contract. Failure to
maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a
material breach of contract.
All certificates required by this Contract shall be sent directly to the Department. The State of Arizona
project/contract number and project description shall be noted on the certificate of insurance. The State
of Arizona reserves the right to require complete copies of all insurance policies required by this Contract
at any time.
Subcontractors:
Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall
be responsible for ensuring and/or verifying that all subcontractors have valid and collectible insurance as
evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for
subcontractors
shall
be subject to the minimum Insurance Requirements identified above. The
Department reserves the right to require, at any time throughout the life of the Contract, proof from the
Contractor that its subcontractors have the required coverage.
Approval and Modifications:
The Contracting Agency, in consultation with State Risk, reserves the right to review or make
modifications to the insurance limits, required coverages, or endorsements throughout the life of this
contract, as deemed necessary. Such action will not require a formal Contract amendment but may be
made by administrative action.
Exceptions:
In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements
shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or
subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above
shall apply.
DocuSign Envelope ID: D798ADE3-00C1-4FAE-8016-4D0EDA81EDBB
Certificate Of Completion
Envelope Id: D798ADE300C14FAE80164D0EDA81EDBB
Status: Sent
Subject: Please DocuSign: Drug Gang and Violent Crime Control Grant Agreement.pdf, DGVCC Grant Agreement...
Source Envelope:
Document Pages: 28
Signatures: 0
Envelope Originator:
Certificate Pages: 5
Initials: 0
Anthony Vidale
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
tvidale@azcjc.gov
IP Address: 208.87.239.180
Record Tracking
Status: Original
6/25/2020 12:21:45 PM
Holder: Anthony Vidale
tvidale@azcjc.gov
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: Arizona Criminal Justice Commission
Location: DocuSign
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Electronic Record and Signature Disclosure:
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Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
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Andrew LeFevre
alefevre@azcjc.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Timestamp
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Antonio Canisales
canisala@mcao.maricopa.gov
Security Level: Email, Account Authentication
(None)
Sent: 6/25/2020 12:24:39 PM
Viewed: 6/25/2020 12:30:29 PM
Electronic Record and Signature Disclosure:
Accepted: 6/25/2020 12:30:29 PM
ID: 6778f4ba-eaac-4058-bbe3-adf7a33af876
Company Name: Arizona Criminal Justice Commission
Intermediary Delivery Events
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6/25/2020 12:24:40 PM
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Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Arizona Criminal Justice Commission (we, us or Company) may be required
by law to provide to you certain written notices or disclosures. Described below are the terms
and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to
‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 3/5/2020 1:42:34 PM
Parties agreed to: Antonio Canisales
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Arizona Criminal Justice Commission:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: alefevre@azcjc.gov
To advise Arizona Criminal Justice Commission of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at alefevre@azcjc.gov and in the
body of such request you must state: your previous email address, your new email address. We
do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Arizona Criminal Justice Commission
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to alefevre@azcjc.gov and in the body of
such request you must state your email address, full name, mailing address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with Arizona Criminal Justice Commission
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to alefevre@azcjc.gov and in the body of such request you must state your
email, full name, mailing address, and telephone number. We do not need any other information
from you to withdraw consent.. The consequences of your withdrawing consent for online
documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Arizona Criminal Justice Commission as described above, you
consent to receive exclusively through electronic means all notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided
or made available to you by Arizona Criminal Justice Commission during the course of
your relationship with Arizona Criminal Justice Commission.