HomeMy WebLinkAbout08/05/2005 Blue Sheet Grant Agreement witht he Arizona Criminal Justice Commission
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: August 2, 2005
AGENDA ITEM: I. 1
TO: MAYOR AND COUNCIL
FROM: Richard Vidaurri, Chief of Police
SUBJECT: Resolution No. 2005-95: Relating to the Police Department;
approving and authorizing the Mayor to execute a law
enforcement grant agreement with the Arizona Criminal Justice
Commission.
DISCUSSION
The U.S. Department of Justice, Office of Justice Programs through the Arizona Criminal Justice
Commission provides block grants to local governments.
The Arizona Criminal Justice Commission approved a Byrne Justice Assistance Grant in the
amount of $4,428 in federal funds which includes a mandatory 25% cash matching fund, to be
awarded to the Town of Marana upon receipt of the completed application and a check in the
amount of$I,476.
The grant total of $5,904 will be used to purchase a laptop computer and digital camera for use
by the Department's School Resource Officer (SRO) Program. Furthermore, the SRO Program
will use the grant money for operating expenses involving, but not limited to, the purchase of
resource pamphlets, t-shirts promoting drug/alcohol prevention programs, giveaways for safety
fairs and community events and, supplies/security for safe nights for prom and graduation
events.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2005-95, approving and authorizing the execution
of the Arizona Criminal Justice Commission grant agreement.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-95.
{OOOO I 003.DOC I}
7/26/2005
MARANA RESOLUTION NO. 2005-95
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A LAW ENFORCEMENT GRANT AGREEMENT WITH THE
ARIZONA CRIMINAL JUSTICE COMMISSION.
WHEREAS, the Arizona Criminal Justice Commission (ACJC) provides grants to local
governments for supporting efforts in drug/gang enforcement and investigation; and
WHEREAS, the ACJC approved a grant in the amount of $4,428 to be awarded to the
Town upon receipt of the completed contract; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests
of the public to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the grant agreement between the Town of Marana and
the Arizona Criminal Justice Commission, attached to and incorporated by this reference in this
resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for
and on behalf of the Town of Mar ana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of this grant.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 2nd day of August, 2005.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
{00001 006.DOC I}
BARBARA LAWALL
Pima County Attorney If this is your first grant with the Commission we have enclosed an Accounting
ROD MARQUARDT System and Financial Capability Questionnaire and a financial report. Please
Mohave County Chief Probation Officer forward these forms along with the Agreement and this letter to your finance
department or the person responsible for completing and submitting financial
reports to the Commission. The Accounting System and Financial Capability
Questionnaire must be completed and returned to the Commission office as soon
as possible. If you have questions about how to manage your grant award a
user friendly version of the Grant Manual is available under "apply for
grants/grant resources" at www.azcic.qov. If you need a Data Dictionary it is
available by calling the Commission office. We will send it to you electronically,
since it is rather lengthy.
Chairperson
J. T. MCCANN, Chief
Flagstaff Police Department
Vice-Chairperson
ROBERT CARTER OLSON
Pinal County Attorney
JOSEPH ARPAIO
Maricopa County Sheriff
DUANE BELCHER, Chairperson
Board of Executive Clemency
JIM BOLES, Mayor
City of Winslow
DAVID K. BYERS, Director
Administrative Office of the Courts
CLARENCE DUPNIK
Pima County Sheriff
TONY ESTRADA
Santa Cruz County Sheriff
TERRY GODDARD
Attorney General
TOMMIE CLINE MARTIN
Gila County Supervisor
RICHARD MIRANDA, Chief
Tucson Pollee Department
RALPH OGDEN
Yuma County Sheriff
DORA SCHRIRO, Director
Department of Corrections
LINDA SCOTT
Former Judge
ANDREW P. THOMAS
Maricopa County Attorney
ROGER VANDERPOOL, Director
Department of Public Safety
RlCHARD J. YOST, Chief
EI Mirage Police Department
Executive Director
John A. Blackburn, Jr.
1110 West Washington, Suite 230
Phoenix, Arizona 85007
PHONE: (602) 364-1146
FAX:(602) 364-1175
www.azcic.QOv
Arizona Criminal Justice Commission
June 21, 2005
Chief Richard Vidaurri
MARANA POUCE DEPARTMENT
11555 W. Civic Center Drive
Marana, AZ 85653
Dear Chief Vidaurri:
Re: Byrne Justice Assistance Grant Number JAG-06-135
On May 10, 2005 The Arizona Criminal Justice Commission approved to award
$5,904 in Byrne JAG grant funds to your agency. These funds consist of $4,428
in federal funds, and $1,476 in cash matching funds from your agency. Your
matching funds must be new, cash, accounted for, and expended on this
program. The source and expenditure of match funds will be monitored by the
Commission in a routine audit.
Enclosed please find the Grant Agreement, with instructions for obtaining
signatures and formal action. Please review the Agreement, certifications and
documents included in this package. Please return the Agreement only with
authorized signatures to the Commission office with 90 days of the award date of
July 1, 2005 or the Agreement may be cancelled. The federal portion of this
grant will be sent to you upon our receipt of the Agreement.
Direct Deposit of grant funds is available through the Automated Clearing House
(ACH) Vendor Payments. See the enclosed information brochure and contact us
if you wish to participate. This is a quick and easy way to receive your monthly
reimbursements.
You may call Nina Clifford or me at the Commission office if you need additional
information, or if we may otherwise be of assistance.
Sincerely
ram
anager, Drug Control & System Improvement
Our mission is to sustain and enhance the coordination, cohesiveness, productivity
and effectiveness of the Criminal Justice System in Arizona
ARIZONA CRIMINAL JUSTICE COMMISSION
BYRNE/JAG UNDER 10 K
GRANT AGREEMENT
AGC Grant Number JAG-06-135
Catalog of Federal Domestic Assistance (CFDA) Number 16.579
This Grant Agreement is made this 1 Sf day of July, 2005, by and between the ARIZONA CRIMINAL
JUSTICE COMMISSION hereinafter called "COMMISSION" and TOWN OF MARANA, through the
MARANA POUCE DEPARTMENT hereinafter called "GRANTEE". The COMMISSION enters into this
Agreement pursuant to its authority under the provisions of A.R.5. ~ 41-2405 (6)(6), and having
satisfied itself as to the qualification of GRANTEE;
NOW, THEREFORE, it is agreed between the parties as follows:
1. This Agreement will commence on July 1, 2005 and terminate on June 30, 2006. 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 shall approve an extension that further the goals and
objectives of the program and shall determine the length of the extension.
2. The GRANTEE agrees that grant funds will be used to provide services to enhance drug, gang
and/or violent crime control efforts to deter, investigate, prosecute, adjudicate and punish
drug, gang and related criminal offenders as stated in the drug application.
3. The COMMISSION will monitor the performance of the GRANTEE against goals and
performance standards outlined in the grant application. Sub-standard performance as
determined by the COMMISSION will constitute non-compliance with this Agreement. The
GRANTEE shall operate in a manner consistent with and in compliance with the provisions and
stipulations of the approved grant application and this Agreement. If the COMMISSION finds
non-compliance, the GRANTEE will receive a written notice which identifies the area of non-
compliance, and the appropriate corrective action to be taken. If the GRANTEE does not
respond within thirty 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 or permanently terminate this Agreement or revoke the grant. 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.
4. This Agreement may be modified only by a written amendment signed by the Executive
Director or by persons authorized by the Executive Director on behalf of the COMMISSION and
GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be
considered to have been given when actually received by the following addressee or their
agents or employees:
A. If to the COMMISSION:
Arizona Criminal Justice Commission
1110 W. Washington Street, Suite 230
Phoenix, Arizona 85007
Attn: Program Manager
Byrne/Jag Under 10 K AClC Grant Number JAG-06-135
Page 2
B. If to the GRANTEE:
MARANA POLICE DEPARTMENT
11555 W. Civic Center Drive
Marana, AZ, 85653
Attn: Chief, Richard Vidaurri
5. For grant awards above $100,000, the GRANTEE may make budget adjustments of up to ten
(10) percent of the total grant within any approved budget category excluding equipment. If
the GRANTEE wishes to make adjustments or reprogram in excess of ten (10) percent or
purchase equipment, written approval from the COMMISSION in advance is required. 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 the GRANTEE wishes to purchase equipment, written approval from
d
the COMMISSION in advance is require .
APPROVED LINE ITEM PROGRAM BUDGET
Salaries & Fringe Benefits Not Approved
Overtime Not Approved
Professional & Outside/Consultant & Contractual Services Not Approved
Travel In-State Not Approved
Travel Out-of-State Not Approved
Confidential Expenses Not Approved
Operating Expenses $4/300
Equipment (Type: Laptop, Digitial Camera) $1/604
TOTAL $5 904
Personnel Positions Funded:
6. It is agreed and understood that the total to be paid by the COMMISSION under this
Agreement shall not exceed $4/428 in Federal funds awarded to the COMMISSION by the U.S.
Department of Justice, Office of Justice Programs, and $1/476 in local cash matching funds
representing 25% of the total award will be supplied by the GRANTEE from General Funds.
The GRANTEE understands that other federal grant funds cannot be used as matching funds
for this grant.
7. The GRANTEE understands that financial reports are required for reimbursement of
expenditures.
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. The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments as
codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian
Tribal Governments.
link: OMB Circulars htto:llwww.whitehouse.qov/omb/circulars/index.html
Byrne/Jag Under 10 K AGC Grant Number JAG-06-13S
Page 3
10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit
interest earned in excess of the allowable amount if applicable as indicated in the Office of
Justice Programs Financial Guide and all unexpended grant funds to the COMMISSION within
30 days after receipt of a written request from the COMMISSION. The GRANTEE agrees to
expend all encumbered funds within 90 days of expiration of this award.
Link: OJP Financial Guide htto:llwww/oio.usdoi.qov/FinGuidel
11. The 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.
12. For the purpose of this grant, a capital expenditure is $5,000 or above. If the GRANTEE'S
policy defines a capital expenditure as less than $5,000, the GRANTEE will use its own policy.
13. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-l02
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no
longer needed for the grant program.
Link: OMB Circulars htto:llwww.whitehouse.gov/omb/circularslindex.html
14. The 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 based on GRANTEE policy.
15. The GRANTEE agrees to keep time and attendance sheets signed by the employee and
supervisory official having first hand knowledge of the work performed by the grant funded
employees.
16. The GRANTEE will comply with the audit requirements of OMB Circular A-133 Audits of States,
Local Governments and Non-Profit Organizations 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: OMB Circular A-133 htto:llwww.whitehouse.qov/omb/circularslindex.html
17. The GRANTEE agrees that it will submit financial and activity reports to the COMMISSION on
forms/format provided by the COMMISSION, documenting the activities supported by these
grant funds and providing an assessment of the impact of these activities. In the event reports
are not received on or before the indicated date(s), funding will be suspended until such time
as delinquent report(s) are received. These reports are submitted according to the following
schedule:
Report Period: Due Date:
July 1, 2005 - September 30, 2005 October 20, 2005
October 1, 2005 - December 31, 2005 January 20, 2006
January 1, 2006 - March 31, 2006 April 20, 2006
AjJI"i1 1 2006 - June 30, 2006 July 20, 2006
More frequent reports may be required for GRANTEES who are considered high risk.
Byrne/Jag Under 10 K AGC Grant Number JAG-06-13S
Page 4
18. All goods and services must be received by the GRANTEE within 60 days of the expiration of
this award.
19. The GRANTEE agrees to obtain COMMISSION approval for all sole-source procurements in
excess of $100,000.
20. The GRANTEE agrees to obtain COMMISSION approval prior to the expenditure of grant funds
for consultant fees in excess of $450 per day.
21. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties
Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for
individuals, agencies, companies and corporations debarred or suspended from doing business
with recipients receiving Federal funds. The GRANTEE agrees not to do business with any
individual, agency, company or corporation listed in the Excluded Parties Listing Service.
Link: Excluded Parties Listing System htto:lleols.arnet.aov
22. The GRANTEE agrees to utilize the Computer Hardware and Software Vendor Guidelines
distributed by the COMMISSION when purchasing hardware and software with grant funds.
23. The GRANTEE agrees not to use grant funds for food and/or beverage unless explicitly
approved in writing by the COMMISSION.
24. No funds shall be used to supplant Federal, State, county or local funds that would otherwise
be made available for such purposes.
25. The 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 the GRANTEE in exchange for grant funds provided under this Agreement.
26. The parties agree to use arbitration in the event of disputes in accordance with the provisions
of A.R.S. ~ 12-1501 et seq.
27. 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 provided in
paragraph 26 of this Agreement pertaining to disputes which are subject to arbitration.
28. The GRANTEE understands that grant funds will not be released until all required reports and
reversion of funds from the prior year grant are submitted to the COMMISSION.
29. The 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.
30. Each party (as "Indemnitor") agrees to indemnify, defend 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 cased 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 this paragraph does not
apply.
Byrne/Jag Under 10 K AGe Grant Number JAG-06-135
Page 5
31. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors,
if any to indemnify defend, save and hold harmless the State of Arizona, any jurisdictions or
agency issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee")
from and against any and all claims, actions, liabilities, damages, losses or expenses (including
court costs, attorneys' fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or
in part, by the negligent or willful acts or omissions of GRANTEE'S 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 Worker's 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
negligence 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 judgement costs where this indemnification is
applicable. Insurance requirements for any contractor used by GRANTEE are incorporated
herein by this reference and attached to this Agreement as Exhibit "A".
32. The GRANTEE agrees to comply with the applicable laws and provisions of the Drug
Enforcement Program Rules, RlO-4-401 through R10-4-404 et seq. for the Drug, Gang and
Violent Crime Control program administered by the COMMISSION.
33. If the GRANTEE is a governmental political subdivision, the GRANTEE agrees to utilize the Data
Dictionary, approved and distributed by the COMMISSION, as the data entry standard for
information systems when improving or updating an existing Information System. The
GRANTEE agrees to utilize the Data Dictionary as the data entry standard in any new system or
when an existing Information System is replaced.
Data Dictionary: Currently not available on-line. Call for copy, we will email.)
34. If the GRANTEE is a governmental political subdivision, the GRANTEE agrees to utilize the
Global Justice XML Data Model (GJXDM) an object oriented data model that specifies a
representation structure for the Global Justice XML Data Dictionary (GJXDD), approved by the
COMMISSION as the standard for information sharing when improving, updating, or replacing
an existing Information System.
Link: OJP ITGJXDMhttp://www.it.ojD.qOV
35. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent
possible and practical integrate their criminal justice records system with other criminal justice
agency record systems in the state. This will enhance the overall effectiveness of the Arizona
Criminal Justice Records System.
36. If the 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.
Byrne/Jag Under 10 K AGe Grant Number JAG-06-135
Page 6
37. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil
Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended;
Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the
Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54;
The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28
CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability
discrimination 28 CFR Part 35; all applicable state laws of A.R.5. ~ 41-1463; and Executive
Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color,
religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of
service. In the event that a Federal or State court or Federal or State administrative agency
makes a finding of discrimination after a due process hearing against the GRANTEE, the
GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice
Programs and the COMMISSION.
38. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan
(EEOP) (if grantee is required pursuant to 28 CFR 42.302). The 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 the receipt 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 the GRANTEE.
39. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented
in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and
67.620.
40. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and
Naturalization Form (1-9). This form is to be used by recipients to verify that persons are
eligible to work in the United States.
41. The GRANTEE agrees to notify the COMMISSION within ten (10) days in the event that the
project official is replaced during the award period.
42. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written
approval of the COMMISSION.
43. The 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
U.S.c. Title 5, Part II, Chapter 15, Section 1502.
44. The 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 service required under this Agreement.
Byrne/Jag Under 10 KACJC Grant Number JAG-06-135
Page 7
45. The 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.
46. The GRANTEE agrees to comply with the regulations and operating principles found in Section
28, CFR, Part 23, if funds are used to support intelligence systems.
47. This Agreement is subject to cancellation pursuant to the provision of A.R.S. 9 38-511.
48. This Agreement may be cancelled at the COMMISSION'S discretion if not returned with
authorized signatures to the COMMISSION within 90 days of commencement of the award.
49. 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.
Byrne/Jag Under 10 K ACJC Grant Number JAG-06-135
Page 8
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first
a bove written.
FOR GRANTEE:
Mayor Or City Manager
Date
Note: If applicable, the Agreement must be approved by the appropriate county supervisory board
or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if
applicable, resolutions and meeting minutes must be forwarded to the Commission with the signed
Agreement.
Approved as to form and authority to enter into Agreement:
Legal counsel for GRANTEE
Date
Statutory or other legal authority to enter into Agreement:
Appropriate A.R.S., ordinance, or charter reference
FOR CRIMINAL JUSTICE COMMISSION:
John A. Blackburn Jr., Executive Director
Arizona Criminal Justice Commission
Date
ARIZONA CRIMINAL JUSTICE COMMISSION
GRANT AGREEMENT
Insurance Requirements
Exhibit "A"
Insurance Requirementsfor 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 enti~ 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, personal injury and broad form
contractual liability.
. General Aggregate
. Products - Completed Operations Aggregate
. Personal and Advertising Injury
. Blanket Contractual Liability - Written and Oral
. Fire Legal Liability
. Each Occurrence
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$50,000
$1,000,000
a. The policy shall be endorsed to include the following additional insured
language: "The state of Arizona, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named 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 against the State of Arizona, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
Exhibit "A" Page 2
2. 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 to include the following additional insured
language: "The State of Arizona, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named as additional insureds with respect to
liability arising out of the activities performed by or on behalf of the
Contractor, involving automobiles owned, leased, hired or borrowed
by 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 $500,000
Disease - Each Employee $500,000
Disease - Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation against the State of Arizona, its
departments, agencies, boards, commissions, universities and 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: Separately, EACH contractor or
subcontractor exempt under A.R.S. 23-901, AND when such contractor or
subcontractor executes the appropriate waiver (Sole Proprietor/Independent
Contractor) form.
B. ADDITIONAL INSURANCE REOUIREMENTS: The policies are to contain, or be endorsed to
contain, the following provisions:
1. The State of Arizona, its departments, agencies, boards, commiSSions, universities and its
officers, officials, agents, and employees and the other governmental entity shall be additional
insureds to the full limits of liability purchased by the Contractor even if those limits of liability are
in excess of those required by the Contract.
2. The Contractor's insurance coverage shall be primary insurance with respect to all other available
sources.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by
the Contractor shall not be limited to the liability assumed under the indemnification provisions of
its Contract with the other governmental entity(ies) party to the Grant Agreement.
Exhibit "Au Page 3
C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this
Contract shall not be suspendedl voidedl cancelledl reduced in coverage or in limits except after
thirty (30) days prior written notice has been given the State of Arizona. Such notice shall be sent
directly to the GRANTEE and shall be sent by certified maill return receipt requested.
D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non-
admitted insurers in the State of Arizona with an "A.M. Besf' 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.
E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of
insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract.
The certificates for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf.
All certificates and endorsements are to be received and approved before work commences. Each
insurance policy required by this Contract must be in effect at or prior to commencement of work
under this Contract and remain in effect for the duration of the project. Failure to maintain the
insurance policies as required by this Contractl or to provide evidence of renewal, is a material
breach of contract.
All certificates required by this Contract shall be sent directly to the GRANTEE The State of Arizona
project/contract number and project description are to be noted on the certificate of insurance. The
State of Arizona and the Arizona Criminal Justice Commission reserves the right to require completel
certified copies of all insurance policies required by this Contract at any time. DO NOT SEND
CERTIFICATES OF INSURANCE OT THE STATE OF ARIZONA/S RISK MANAGEMENT
SECTION.
F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under
its policies or Contractor shall furnish to the county or local government agency responsible separate
certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum
requirements identified above.
G. APPROVAL: Any modification or variation from the insurance requirements must have prior
approval from the State of Arizona Department of Administrationl Risk Management Sectionl whose
decision shall be final. Such action will not require a formal contract amendmentl but may be made
by administrative action.
H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entityl then the
Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-
Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, boardl
commissionl or university then none of the above shall apply.
ARIZONA CRIMINAL JUSTICE COMMISSION
GRANT AGREEMENT INSTRUCTIONS
To help expedite your agency's receipt of grant funds, please review the grant agreement and then
forward to the appropriate approval authority for execution.
Your agency is the GRANTEE for the purposes of this grant agreement. On the signature page,
under the heading FOR GRANTEE, there are 3 lines that must be completed.
A. The first line is the signature of the individual authorized to make agreements for your
governmental subdivision.
1. For County Offices, the Chairman of the County Board of Supervisors must sign the
grant agreement. If someone other than the Chairman is designated to sign
agreements, please enclose a copy of the resolution authorizing this. If the Board's
rules require an attestment or certification of the signature by the Clerk of the Board,
it may be typed in anywhere it is convenient on the signature page.
2. For City Offices, the Mayor or the City Manager must sign the grant agreement. If
someone other than the Mayor or City Manager is designated to sign agreements,
please enclose a copy of the resolution authorizing this. If the Council rules require
an attestment or certification of the signature by the Clerk, it may be typed in
anywhere it is convenient on the signature page.
3. A signed copy of the Board of Supervisors or City Council's approved agenda item or
resolution listing this grant agreement must be attached to the signed agreement
when it is returned to the Criminal Justice Commission.
4. For State Agencies, the Director or Chief Executive Officer of the Agency must sign
the grant agreement where indicated.
B. The line requesting the signature of the Legal counsel for GRANTEE should be signed by
the Deputy County Attorney or Assistant Attorney General who provides legal counsel to the
governing body. This individual is approving the agreement as to form and attesting to the
legal authority of the governing body to perform the agreement activities.
C. The final line under FOR GRANTEE refers to the Arizona Revised Statute that gives the
governing body legal authority to perform the agreement activities.
Please note that effective November 1, 1999, Arizona grant applications are no longer
subject to review by stilte executive order 12372. There is no need to contact the
clearinghouse for a 5ti1te Application Identification (SAI) number. If there are any
questions regarding the execution of this agreement, please contact Kathy Karam, Criminal Justice
Grants Coordinator at (602) 364~ 1146. Funds cannot be disbursed to your agency until the
Agreement is properly and fully executed.
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