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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. P:\GRANTAGG\INSTRUCT. WPD