NCHIP23_MCAO2_GRANT AGREEMENT.PDF

ARIZONA CRIMINAL JUSTICE COMMISSION
NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM
GRANT AGREEMENT
ACJC Grant Number NCHIP-23-25-005
Assistance Listings Number (ALN) Number 16.554
This Grant Agreement is made this 7th day of November, 2023 by and between the ARIZONA CRIMINAL
JUSTICE COMMISSION hereinafter called "COMMISSION" and County of Maricopa, 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 01, 2024 and terminate on December 31, 2025. 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 St., Ste 230
Phoenix, Arizona 85007
Attn: Program Manager
B. If to the GRANTEE:
Maricopa County Attorney's Office
225 W Madison St
Phoenix, AZ 85003
Attn:Chairman, Maricopa County Board of Supervisors , Clint Hickman
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
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
PERSONAL SERVICES
Salaries
$0.00
Fringe Benefits*
$0.00
OVERTIME
Wages
$416,304.00
Fringe Benefits*
$83,011.02
PROFESSIONAL CONSULTANT & CONTRACTUAL SERVICES
Wages
$0.00
Fringe Benefits*
$0.00
TRAVEL EXPENSES
In-State Travel
$0.00
Out-of-State Travel
$0.00
EQUIPMENT
Capital
$0.00
Non-Capital
$0.00
OPERATING EXPENSES
Supplies
$0.00
Registration/Training
$0.00
Other Operating Expenses
$0.00
Additional Expenses
$0.00
Additional Expenses
$0.00
TOTAL BUDGET
$499,315.02
POSITIONS FUNDED:
EQUIPMENT FUNDED:
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
7. The total to be paid by the COMMISSION under this Agreement shall not exceed $499,315.02 in federal
funds awarded to the COMMISSION by the U.S. Department of Justice (USDOJ), Office of Justice Programs
(OJP) and $0.00 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 $0.00.
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 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 request (GAR) 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 (4) 
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 at 
http://www.ecfr.gov/cgi-bin/ECFR?page=browse.
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
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.
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 1st to March 31st
April 15th
April 1st to June 30th
July 15th
July 1st to September 30th
October 15th
October 1st to December 31st
January 15th
FINANCIAL REPORTS
Report Period
Due Date
January 1st to January 31st
February 15th
February 1st to February 29th
March 15th
March 1st to March 31st
April 15th
April 1st to April 30th
May 15th
May 1st to May 31st
June 15th
June 1st to June 30th
July 15th
July 1st to July 31st
August 15th
August 1st to August 31st
September 15th
September 1st to September 30th
October 15th
October 1st to October 31st
November 15th
November 1st to November 30th
December 15th
December 1st to December 31st
January 15th
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 at https://ojp.gov/financialguide/doj/pdfs/DOJ_FinancialGuide.pdf.
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26. GRANTEE agrees to obtain written COMMISSION approval for all sole source procurements in excess of
$250,000.
27. GRANTEE agrees to obtain written COMMISSION approval prior to the expenditure of grant funds for
consultant fees in excess of $650 per day.
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 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.
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
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
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.
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I. 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.
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 at 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 at 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 at https://ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm .
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ACJC Grant Number NCHIP-23-25-005
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 at 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 at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
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. 15PBJS-23-GK-01423-NCHI awarded by the , 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 shall comply with all federal, state, and local laws, rules, policies, or executive orders to
prohibit discrimination.
54. 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.
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55. 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 at 
http://www.LEP.gov.
56. 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 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.
57. 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.
58. 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.
59. 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.
60. 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 Civil Rights, Office of Justice Programs and the
COMMISSION (see 28 CFR 42.204(c), .205(c)(5)).
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
61. 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: https://www.azcjc.gov/Grants/Civil-Rights-Compliance.
62. 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.
63. 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/.
64. 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 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.
65. 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.
66. 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.
67. 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.
68. 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.
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
69. 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).
70. 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.
71. 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.
72. 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.
73. 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.
74. 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.
75. 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.
76. 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.
77. 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.
78. 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.
79. 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.
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
80. 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.
81. 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.
82. GRANTEE agrees to comply with all Special Condition(s) included with this Agreement on the Grant
Agreement Continuation Sheet.
83. GRANTEE understands that grant funds may not be released until GRANTEE is compliant with all
requirements of grant agreement.
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
PAGE INTENTIONALLY LEFT BLANK
Page 13

ARIZONA CRIMINAL JUSTICE COMMISSION
NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM
GRANT AGREEMENT CONTINUATION SHEET
SPECIAL CONDITION(S)
ACJC Grant Number NCHIP-23-25-005
1. GRANTEE must verify the Agency Official, Financial Official, Project Official, and Authorized Official
including telephone number and e-mail address. If any information is incorrect or has changed, a Grant
Adjustment Request (GAR) must be submitted via the ACJC Grants Portal to document changes. In addition,
the Agency Point of Contact for the grant record must assign the Financial Points of Contact and the Program
Points of Contact in the Grants Portal prior to payments being made and update those contacts when
necessary.
2. 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.
3. 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 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.
4. GRANTEE agrees to comply with the Government Performance and Results Act (Pub. L. No. 103-62) and
the GPRA Modernization Act of 2010 (Pub. L. No. 111-352). Performance for current year award is measured
by: 1) percent reduction in the average number of days from the submission of a sample to a forensic science
laboratory to the delivery of test results to a requesting office or agency (calculated by reporting the average
number of days to process a sample at the beginning of a grant period versus the average number of days to
process a sample at the end of the grant period; 2) percent reduction in the number of backlogged forensic
cases (calculated by reporting the number of backlogged forensic cases at the beginning of the award period
versus the number of backlogged forensic cases at the end of the award period), if applicable to the grant;
and 3) number of forensic science or medical examiner personnel who completed appropriate training or
educational opportunities with current year Coverdell funds, if applicable to the award. GRANTEE is required
to collect and report data relevant to these measures.
5. 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.
6. 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.
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
SPECIAL CONDITION(S) (Continued):
7. 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.
8. 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.
9. GRANTEE agrees to submit supporting documentation (i.e. receipts, invoices, timesheets, and/or payroll
records) for all grant expenditures.
10. Employment eligibility verification for hiring under the award
1. 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.
2. Monitoring
A. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
3. Allowable Costs
A. To the extent that such costs are not reimbursed under any other federal program, award funds may
be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to
ensure compliance with this condition.
4. Rules of Construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this
award" specifically includes (without limitation) any and all recipient (or any subrecipient)
officials or other staff who are or will be involved in the hiring process with respect to
a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify
(www.e-verify.gov),provided an appropriate person authorized to act on behalf of the recipient (or
subrecipient) uses E-Verify(and follows the proper E-Verify procedures, including in the event of a
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
SPECIAL CONDITION(S) (Continued):
"Tentative No confirmation" or a "Final No confirmation") to confirm employment eligibility for
each hiring for a position in the United States that is or will be funded (in whole or in part) with
award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin
Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient
at any tier, or any person or other entity, to violate any federal law, including any applicable civil
rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient,
any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law,
including 8U.S.C. 1324a(a)(1).
11. GRANTEE must comply with all applicable requirements to obtain specific advance approval to use a
noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold
(currently, $250,000). The details of the requirement for advance approval to use a noncompetitive approach
in a procurement contract under an OJP award are posted on the OJP web site at 
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
12. GRANTEE must make determinations of suitability before certain individuals may interact with
participating minors. This requirement applies regardless of an individual's employment status. The details of
this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm.
13. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards
(that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of
the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision
as reclassified to Title 34. This rule of construction specifically includes references set out in award
conditions, references set out in material incorporated by reference through award conditions, and references
set out in other award requirements.
14. GRANTEE must comply with any and all applicable requirements regarding reporting of information on
civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this
OJP award or any other grant, cooperative agreement, or procurement contract from the federal government.
Under certain circumstances, recipients of OJP awards are required to report information about such
proceedings, through the federal System for Award Management (known as "SAM"), to the designated
federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding
the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings
to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the
OJP web site at https://www.ojp.gov/funding/fapiis.
15. 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
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
Authorized Official Initials:
SPECIAL CONDITION(S) (Continued):
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.
16. If the recipient is designated "high risk" by a federal grant-making agency currently or at any time during
the period of performance under this award, the GRANTEE must disclose that fact and certain related
information to the COMMISSION by e-mail at dcadmin@azcjc.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the
GRANTEE'S past performance, or other programmatic or financial concerns with the GRANTEE. The
GRANTEE'S disclosure must include the following: 1. The federal awarding agency that currently designates
the GRANTEE high risk, 2. The date the GRANTEE was designated high risk, 3. The high-risk point of
contact at that federal awarding agency (name, phone number, and e-mail address), and 4. The reasons for
the high-risk status as set out by the federal awarding agency.
17. GRANTEE agrees to the completion of the ACJC Subgrantee Self-Assessment Questionnaire within 45
days of the start date of this award.
18. Grantee has been certified by an approved independent credentialing body or have started the
certification process. To become certified, law enforcement agencies must meet two mandatory conditions:(1)
the agency's use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency's
use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For
detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
19. The GRANTEE warrants its compliance with all federal immigration laws and regulations that relate to its
employees and A.R.S. § 23-214(A). If a grantee uses any subcontractors in performance of this contract,
subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to
their employees and A.R.S. § 23-214(A). A breach of this warranty shall be deemed a material breach of the
contract subject to penalties up to and including termination of this contract. The Commission retains the
legal right to inspect the papers of the grantee and its subcontractors who work on the contract to ensure that
it or its subcontractors are complying with this warranty.
20. This NCHIP/NARIP related project is to be funded as a cooperative agreement. The basis for using a
cooperative agreement is the substantial involvement of the Bureau of Justice Statistics (BJS) in providing
information, guidance, and direction relative to criminal history records improvements within the states. BJS
will exercise general approval over the entire project. In addition, the substantial involvement of BJS will
include, but not be limited to:
A. Determining the types of criminal history record information that will be useful to Federal, state,
and local agencies.
B. Identifying Federal information reporting standards and guidelines and making them available to the
recipient or providing access to them.
C. Providing technical assistance to the recipient to enhance state criminal history records, identify
convicted felons, and improve the quality and timeliness of criminal history information.
D. Informing the recipient of the status of Federal program requirements, specifications, and funding levels.
levels.
E. Requesting and obtaining statistical data as needed to monitor and assess performance with respect to
criminal records improvement goals.
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
Authorized Signatory
Date
Printed Name & Title
Legal Counsel for GRANTEE
Date
Printed Name & Title
Appropriate A.R.S., Ordinance, or Charter Reference
Andrew T. LeFevre, Executive Director
Date
Arizona Criminal Justice Commission
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above
written.
FOR GRANTEE:
Approved as to form and authority to enter into Agreement:
Statutory or other legal authority to enter into Agreement:
FOR CRIMINAL JUSTICE COMMISSION:
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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.
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.
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.
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.)
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
Combined Single Limit (CSL)
$1,000,000
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
Workers' Compensation
Statutory
Employers' Liability
Each Accident
$1,000,000
Disease - Each Employee
$1,000,000
Disease - Policy Limit
$1,000,000
Exhibit "A" Page 2
3. Worker's Compensation and Employers' Liability
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).
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.
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National Criminal History Improvement Program
ACJC Grant Number NCHIP-23-25-005
Exhibit "A" Page 3
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.
Page 21
END OF GRANT AGREEMENT DOCUMENTS