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ARIZONA CRIMINAL JUSTICE COMMISSION
NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM
GRANT AGREEMENT
ACJC Grant Number NCP 19-21-001
Catalog of Federal Domestic Assistance (CFDA) Number 16.554
This Grant Agreement is made this 1st day of January 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 January 1, 2020 and terminate on December 31, 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:
I.
If to the COMMISSION:
Arizona Criminal Justice Commission
1110 W. Washington Street, Suite 230
Phoenix, Arizona 85007
Attn: Program Manager
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
Page 2
II.
If to the GRANTEE:
Maricopa County Attorney's Office
301 W. Jefferson, Suite 800
Phoenix, Arizona 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
$37,819.00
$72,241.00
$333,596.00
$0.00
$0.00
$0.00
$0.00
$8,100.00
$0.00
$0.00
$0.00
$0.00
$451,756.00
Positions Funded:
Legal Management Assistant, Legal Support Specialist, Legal Support Supervisor, Business
Systems Analyst, Legal Support Specialist, Records Specialist
*Reference the ACJC Grant Management Manual for definition of approved Fringe Benefit
7. The total to be paid by the COMMISSION under this Agreement shall not exceed $406,581 in
federal funds awarded to the COMMISSION by the U.S. Department of Justice (USDOJ), Office
of Justice Programs (OJP). 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 $45,175.
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.
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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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 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 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 (4Uniform 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
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
Page 4
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.
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:
January 1 to March 31
April 1 to June 30
July 1 to September 30
October 1 to December 31
April 15
July 15
October 15
January 15
FINANCIAL REPORTS
Report Period:
Due Date:
Report Period:
Due Date:
January 1 – January 31
February 15
July 1 – July 31
August 15
February 1 – February 29
March 15
August 1 – August 31
September 15
March 1 – March 31
April 15
September 1 – September 30
October 15
April 1 – April 30
May 15
October 1 – October 31
November 15
May 1 – May 31
June 15
November 1 – November 30
December 15
June 1 – June 30
July 15
December 1 – December 31
January 15
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.
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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27. GRANTEE agrees to obtain written COMMISSION approval prior to the expenditure of grant funds
for consultant fees in excess of $650 per day.
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 “Postaward 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.
I.
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.
II.
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.
III.
The arbitration shall be conducted in Maricopa County.
IV.
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.
V.
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.
VI.
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
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
Page 6
appointed. The arbitrator may extend the time limit in the interests of justice. Failure
to adhere to this time limit shall not constitute a basis for challenging the award.
VII.
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.
VIII.
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”.
38. Restrictions and certifications regarding non-disclosure agreements and related matters
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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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.
l. In accepting this award, the GRANTEE--
a. 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
b. 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.
II.
If the GRANTEE does or is authorized under this award to make subawards
("subgrants"), procurement contracts, or both--
a. 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
b. it certifies that, if it learns or is notified that any subrecipient, 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.
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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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 2018. 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, 2018
https://ojp.gov/funding/Explore/FY18AppropriationsRestrictions.htm
44. GRANTEE agrees that it cannot use any federal funds, either directly or indirectly, in support of
any contract or sub award 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://sam.gov/SAM/pages/public/index.jsf
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
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
Page 9
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm
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-RU-BX-K015 awarded by the Bureau of Justice Statistics,
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
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
Page 10
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 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
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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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 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. In order to promote information sharing and enable interoperability among disparate systems
across the justice and public safety community, OJP requires the grantee to comply with DOJ’s
Global Justice Information Sharing Initiative (DOJ’s Global) guidelines and recommendations for
this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all
constituent elements, where applicable, as described at:
Link: https://it.ojp.gov/gsp_grantcondition
Grantee shall document planned approaches to information sharing and describe compliance
to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
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
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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sharing data with other criminal justice agencies as electronic data systems are developed or
improved.
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, subgrantee, 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.
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 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 cancelled 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 grant agreement.
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Arizona Criminal Justice Commission
NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM
GRANT AGREEMENT CONTINUATION SHEET
SPECIAL CONDITION(S)
1. 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 finds, 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 42 U.S.C. 379a), 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.
2. 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.
3. Recipient is or will be following a comprehensive strategy for information sharing
systems to improve the functioning of the criminal justice system, with an emphasis
on integration of all criminal justice components, law enforcement, courts,
prosecution, corrections, and probation and parole. Further, the strategy must be
developed in consultation with State and local officials with emphasis on the
recommendation of officials whose duty it is to oversee, plan, and implement
integrated information technology systems, and contain-- (a) a definition and
analysis of integration in the State and localities developing integrated information
sharing systems; (b) an assessment of the criminal justice resources being devoted
to information technology; (c) State and local resource needs; (d) Federal, State,
regional, and local information technology coordination requirements; and (e)
statewide priorities for planning and implementation of information technology
systems.
4. In order to ensure that the National Criminal History Improvement Program (NCHIP)
and the NICS Act Record Improvement Program (NARIP) are realizing the objectives
in the most productive manner, the grantee agrees to participate in a comprehensive
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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evaluation effort. It is anticipated that the evaluation will take place during the course
of the program and will likely involve each participating state. It is expected that the
evaluation will have a minimal impact on state program personnel and resources.
5. 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.
6. GRANTEE assures if they are a state agency that the State Information Technology Point of
Contact receive 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.
7. GRANTEE agrees that if any criminal justice information systems developed, designed,
implemented or upgraded with these grant funds will be compatible, where applicable with
the National Incident-Based Reporting System (NIBRS), the National Crime Information
Center system (NCIC), the National Criminal Instant Background Check System (NICS), the
Integrated Automated Fingerprint Identification System (IAFIS) that will conform to the
American National Standards Institute (ANSI standard data format for interchange of
fingerprint information (ANSI/NIST-CLS-I-1993), National Sex Offender Registry, National
Protective Order file, and other reporting standards of the FBI, and applicable statewide or
regional criminal justice information sharing standards and plans.
8. GRANTEE has or intends to establish a program that enters into the National Crime
Information Center (NCIC) records of: (a) Protection orders for the protection of persons
from stalking or domestic violence; (b) Warrants for the arrest of persons violating protection
orders intended to protect victims from stalking or domestic violence; and (c) Arrests or
convictions of persons violating protection orders intended to protect victims from stalking
or domestic violence.
9. GRANTEE agrees that projects supported with these funds will coordinate with federal, state
and local homeland security and pre-sale of firearms checks as appropriate.
10. GRANTEE agrees that AFIS (Automated Fingerprint Identification System) equipment
purchased under this award will conform to the American National Standards Institute (ANSI)
Standard, “Data Format for the Interchange of Fingerprint, Facial & Other Biometric
Information” (ANSI/NIST-ITL 1-2007 PART 1) and other reporting standards of the FBI.
11. GRANTEE agrees to submit supporting documentation (i.e. receipts, invoices, timesheets,
and/or payroll records) for all grant expenditures.
12. GRANTEE acknowledges that ninety-percent of total reported funds will be reimbursed per
financial reporting period.
13. 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.
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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14. GRANTEE agrees that protective order systems developed with these funds will be designed
to permit interface with the National Protective Order file maintained by the FBI.
15. Employment eligibility verification for hiring under the award
The GRANTEE must—
A. Ensure that, as part of the hiring process for any position within the United States
that is or will be funded (in whole or in part) with award funds, the GRANTEE
properly verifies the employment eligibility of the individual who is being hired,
consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2).
B. Notify all persons associated with the GRANTEE who are or will be involved in
activities under this award of both—
(1) This award requirement for verification of employment eligibility, and
(2) The associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally
speaking, make it unlawful, in the United States, to hire (or recruit for
employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition
to be notified of the award requirement for employment eligibility verification and of
the associated provisions of 8 U.S.C 1324a(a)(1) and (2).
D. As part of the recordkeeping for the award (including pursuant to the Part 200
Uniform Requirements), maintain records of all employment eligibility verifications
pertinent to compliance with this award condition in accordance with Form I-9 record
retention requirements, as well as records of all pertinent notifications and trainings.
16. Unreasonable restrictions on competition under the award; association with federal
government
SCOPE. This condition applies with respect to any procurement of property or services that
is funded (in whole or in part) by this award, regardless of the dollar amount of the purchase
or acquisition, the method of procurement, or the nature of any legal instrument used. The
provisions of this condition must be among those included in any award.
1. No discrimination, in procurement transactions, against associates of the federal
government
Consistent with the (DOJ) Part 200 Uniform Requirements – including as set out at 2
C.F.R. 200.300 (requiring awards to be “manage[d] and administer[ed] in a manner so
as to ensure that Federal funding is expended and associated programs are implemented
in full accordance with U.S. statutory and public policy requirements”) and 200.319(a)
(generally requiring “[a]ll procurement transactions[to] be conducted in a manner
providing full and open competition’ and forbidding practices “restrictive of competition,”
such as “[p]lacing unreasonable requirements on firms in order for them to qualify to do
business’ and taking “[a]ny arbitrary action in the procurement process”) –no the basis
of such person or entity’s status as an “associate of the federal government” (or on the
basis of such person or entity’s status as a parent, affiliate, or subsidiary of such an
associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized
by USDOJ.
2. Rules of construction
A. The term “associate of the federal government” means any person or entity engaged
or employed (in the past or at the present) by or on behalf of the federal government
– as an employee, contractor or subcontractor (at any tier), grant recipient or –
subgrantee (at any tier), agent, or otherwise – in undertaking any work, project, or
activity for or on behalf of (or in providing goods or services to or on behalf of) the
federal government, and includes any applicant for such employment or
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
Page 17
engagement, and any person or entity committed by legal instrument to undertake
any such work project, or activity (or to provide such goods or services) in future.
B. Nothing in this condition shall be understood to authorize or require any grantee,
any subgrantee at any tier, or any person or other entity, to violate any federal law,
including any applicable civil rights or nondiscrimination law.
17. Grant funds may be used only for the purposes in the recipient’s approved application. The
recipient shall not undertake any work or activities that are not described in the grant
application, and that use staff, equipment, or other goods or services paid for with OJP grant
funds, without prior written approval from OJP.
Authorized Official Initials:_______
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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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
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
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
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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.
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
Page 20
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:
National Criminal History Improvement Program ACJC Grant Number NCP 19-21-001
Page 21
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).
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, 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 collectable 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.