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HomeMy WebLinkAboutResolution 2020-068 Authorizing the Town to Excute Arizona Coranavirus Emergency Supplemental Funding Program Grant MARANA RESOLUTION NO. 2020-068 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE ARIZONA CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM GRANT AGREEMENT NUMBER ACESF- 21-049 WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC), FOR CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) FROM THE DEPARTMENT OF JUSTICE (DOJ), OFFICE OF JUSTICE PROGRAMS (OJP) WHEREAS the Coronavirus Emergency Supplemental Funding (CESF) Program allows units of local government among others to support a broad range of activities to prevent, prepare for, and respond to the coronavirus; WHEREAS funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers; and WHEREAS the Arizona Criminal Justice Commission (ACJC), acting as a pass- through entity, has awarded $11,570 to the Town of Marana departments that provide service to the criminal justice system including the Marana Police Department, the Marana Municipal Court and the Legal Services Department; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a grant agreement with the ACJC to receive the grant funding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Arizona Coronavirus Emergency Supplemental Funding Program Grant Agreement number ACESF-21-049, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Town Manager is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town 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 the grant agreement. 00070554.DOCX/1 Marana Resolution No.2020-068 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 23rd day of June, 2020. Mayor Ed onea ATTEST APPROV D AS 0 FORM: 41-416 A101:00, Adle ..i . w�i.����;' C erry L. L. ao'n, own Clerk • C.Sdi y, Town ;f •rney AIL MARANA AZ ESTABLISHED 1977 00070554.DOCX/1 Marana Resolution No.2020-068 EXHIBIT A DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 ARIZONA CRIMINAL JUSTICE COMMISSION ARIZONA CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM GRANT AGREEMENT .. ,, Ir. rte ,' Itovit., ,s 4.,,,, 1981 AOC Grant Number ACESF-21-049 The following information is provided pursuant to 2 C.F.R. § 200.331(a)(1): Grantee Name: Town of Marana Grantee's DUNS Number: 098034140 Federal Award Identification Number(FAIN): 2020-VD-BX-0309 Federal Award Date: 05/01/2020 Grantee Period of Performance Start and End Date: 01/20/2020 TO 01/20/2022 Amount of Federal Funds Obligated by this Agreement: $11,570 Total Amount of Federal Funds Obligated to the Grantee: $11,570 Total Amount of the Federal Award in this Agreement: $11,570 Federal Award Project Description: The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiative may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons,jails, and detention centers. Name of Federal Awarding Agency: Department of Justice, Office of Justice Programs Name of Pass-Through Entity: Arizona Criminal Justice Commission Contact Information for Pass-Through Entity: Arizona Criminal Justice Commission, 1110 W. Washington Street, Suite 230, Phoenix, AZ 85007 CFDA Number and Name: 16.034— Coronavirus Emergency Supplemental Funding Program Identification of Whether the Award is Research and Development: No Indirect Cost Rate for the Federal Award: 0% DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 13 II. If to the GRANTEE: Town of Marana 11555 West Civic Center Drive Marana, Arizona, 85653 Attn: Town Manager, Jamsheed Mehta 6. For grant awards above $100,000, GRANTEE may make budget adjustments of up to ten (10) percent of the total grant within any approved budget category excluding equipment. Written approval from the COMMISSION in advance is required if GRANTEE wishes to make adjustments or reprogram in excess of ten (10) percent or if GRANTEE wishes to purchase equipment not previously approved. For grant awards less than $100,000, the GRANTEE may make budget adjustments within approved categories excluding equipment as long as there are no changes to the purpose or scope of the project. If GRANTEE wishes to purchase equipment not previously approved, written approval from the COMMISSION in advance is required. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries NOT APPROVED Fringe Benefits* NOT APPROVED Overtime (includes Fringe Benefits) $4,975 Professional &Outside/Consultant &Contractual Services NOT APPROVED Travel In-State NOT APPROVED Travel Out-of-State NOT APPROVED Confidential Funds NOT APPROVED Operating Expenses: Supplies $4,915 Registration/Training NOT APPROVED Other NOT APPROVED Equipment Capital NOT APPROVED Noncapital $1,680 TOTAL $11,570 See Attachment A for detail on Other Operating Expenditures and Equipment *Reference the AOC Grant Management Manual for a definition of approved Fringe Benefit 7. The total to be paid by the COMMISSION under this agreement shall not exceed $11,570 in federal funds awarded to the COMMISSION by the U.S. Department of Justice (USDOJ), Office of Justice Programs (OJP). If this grant has a matching requirement, GRANTEE understands that other federal grant funds cannot be used as a match for this grant. 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 any damages as a result of termination under this paragraph. 9. GRANTEE agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than 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 DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 15 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 delinquent report(s) are received. 19. These reports are to be submitted according to the following schedule(s): ACTIVITY REPORTS Report Period: Due Date: July 1 to September 30 October 15 October 1 to December 31 January 15 January 1 to March 31 April 15 April 1 to June 30 July 15 FINANCIAL REPORTS Report Period: Due Date: Report Period: Due Date: July 1 —July 31 August 25 January 1 —January 31 February 25 August 1 —August 31 September 25 February 1 — February 29 March 25 September 1 — September 30 October 25 March 1 — March 31 April 25 October 1 —October 31 November 25 April 1 —April 30 May 25 November 1 — November 30 December 25 May 1 — May 31 June 25 December 1 —December 31 January 25 June 1 —June 30 July 25 Additional reporting requirements may be required for GRANTEES considered high risk. 20. 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. 21. GRANTEE understands that financial reports are required as an accounting of expenditures for either reimbursement or COMMISSION-approved advance payments. The primary method of payment shall be by reimbursement unless an alternative method is approved by the COMMISSION. Supporting documentation must be submitted with all reimbursement requests. Approved advance payments may require supporting documentation such as proof of order, invoices, or personnel expense certifications. 22. GRANTEE understands that a complete reimbursement request must include invoices and proof of payment for all expenditures. Sufficient documentation includes (a) copies of canceled warrants or Electronic Funds Transfer (EFT) documentation, (b) documentation from an official accounting system which includes payee, date, amount paid, and warrant, EFT or payment, (c) copies of invoices, and (d) payroll records for personnel expenditures, including overtime and Employee Related Expenditures (ERE). All expenses must be invoiced and received before the end of the performance period and included in the final reimbursement request. For equipment expenses, GRANTEE shall submit a copy of the packing/receiving slip showing the date the DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 17 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.) 33. GRANTEE agrees not to use grant funds for food or beverage unless explicitly approved in writing by the COMMISSION. 34. 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, training, and other events, including the provision of food 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 Conference Cost Chapter. 35. The GRANTEE must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010 and other applicable laws. 36. The GRANTEE may not reduce state or local funds for an activity specifically because the award funds are available to fund that same activity. The award funds must be used to supplement existing state or local funds for program activities and may not replace state or local funds that have been appropriated or allocated for the same purpose. Additionally, the award funds may not replace state or local funding that is required by law. If a question of supplanting arises, the GRANTEE will be required to substantiate that the reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of federal funds 37. 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. 38. 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. li. 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. (ll. 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 the application of a party shall appoint the arbitrator. DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 19 State. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit"A." 43. Restrictions and certifications regarding nondisclosure 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 the 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. I. In accepting this award, the GRANTEE: a.represents that it neither requires nor has required internal confidentiality agreements or statements from lmployees 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 DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 111 53. 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. 54. 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. 55. GRANTEE understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guide Principles for Grantees and Subgrantees. Link: OJP Training Guide Principles for Grantees and Subgrantees https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm 56. GRANTEE agrees to cooperate and participate with 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. 57. 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. 58. 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. 2020-VD-BX-0309 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 59. GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, 42 USC §3789d(c)(1); Title VI of the Civil Rights Act of 1964, 42 USC §2000d; Section 504 of the Rehabilitation Act of 1973, 29 USC § 794; Subtitle A, Title II of the Americans with Disabilities Act of 1990, 42 USC § 12132; Title IX of the Education Amendments of 1972, 20 USC § 1681; the Age Discrimination Act of 1975, 42 USC § 6102; the Department of Justice implementing regulations, 28 CFR pt. 42, subparts C, D, E, G, and I, 28 CFR pt. 35, and 28 CFR pt. 54; all applicable state laws of A.R.S. § 41-1463; and Executive Order 2009-9. The above-referenced federal laws prohibit discrimination based on race, color, religion, sex, disability, and national origin (including limited English proficiency) in the delivery of services and employment practices and prohibit discrimination based on age in the delivery of services. If in the three years before 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. Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Street Act, the applicant is required to take reasonable steps to ensure that LEP persons have meaningful access to programs. Meaningful access may entail providing language assistance services, including oral and written translation, when necessary. Link: Limited English Proficiency A Federal Interagency Website http://www.LEP.gov DocuSign Envelope ID.5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 1 13 the 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. 65. 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 notify the COMMISSION of change in personnel responsible for civil rights compliance within ten days. Link: http://www.azcjc.gov/grants 66. 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 a 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 pertaining 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. 67. 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: https://www.niem.gov/ 68. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: Link: http://www.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. 69. 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. DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 115 cooperative agreement, the GRANTEE will complete and submit to the COMMISSION Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 78. 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. 79. 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. 80. 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. 81. 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. 82. GRANTEE agrees to comply with all federal, state, and local environmental laws and regulations applicable to the development and implementation of activities to be funded under this award. Additional requirements may be found in the Grant Agreement Continuation Sheet. 83. 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. 200.80 and 2 C.F.R. 200.307. 84. Unless the COMMISSION authorizes an extension, the GRANTEE must liquidate all obligations incurred under this award not later than 60 calendar days after the end of the performance period, as specified in the terms and conditions of this award. 85. The close-out of the grant will not occur (a) if litigation, including an appeal, is pending, (b) in the case of terminated grants where termination actions are pending, or(c) if allowable costs have not yet been paid to the recipients. 86. Upon close-out, the COMMISSION will make prompt payment to GRANTEE for allowable reimbursable costs covered under the award and included in the approved budget. GRANTEE must promptly refund the COMMISSION any unencumbered or unobligated funding advanced that is not authorized to be retained for use under the award. After close-out of the award, any subsequent invoices received by the GRANTEE shall be the responsibility of the GRANTEE, even if the funding was obligated before the award was closed-out. 87. The GRANTEE is obligated to refund to the COMMISSION (a) any overage paid to the GRANTEE by the COMMISSION after balancing award account, (b) any investment income or interest that was earned on an advance of award funds that are due to the COMMISSION, AND (c) any other monies that are due to the COMMISSION under the provisions of the grant award. DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 1 17 Arizona Criminal Justice Commission Arizona Coronavirus Emergency Supplemental Funding Program GRANT AGREEMENT CONTINUATION SHEET SPECIAL CONDITION(S) 1. GRANTEE must verify Agency Point of Contact (APOC), Financial Point of Contact (FPOC), Program Point of Contact (PPOC), and Authorized Official contact information in the Grants Management System (GMS), including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the GMS to document changes. In addition, the FPOC and PPOC must be assigned by the APOC prior to payments being made. 2. GRANTEE understands and agrees that program income earned during the award period and expenditures from program income must be reported quarterly and with a final report. These funds are subject to audit. Program income that is earned during the final 60 days of the award period, if appropriate, must be obligated and expended for permissible uses during the 60 days following the award period. Any program income that is earned but not obligated or expended within 60 days of the end of the award period must be returned to the COMMISSION. 3. Quarterly activity reports must be submitted through the AOC Reporting System: https://acjcreporting.azcjc.gov. Financial reports must be submitted through the AOC Grant Management System: https://acjc.azcjc.gov/GMS3/LogIn.aspx. Failure to submit required activity reports or finance reports by established deadlines may result in the freezing of grant funds and future High-Risk designation. 4. Upon request, the GRANTEE must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the GRANTEE. Accordingly, the GRANTEE agrees first to determine if any of the following activities will be funded by the grant, before obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the GRANTEE agrees to contact the COMMISSION. The GRANTEE understands that this condition applies to new activities as set out below, whether or not they are funded explicitly with these award funds. That is, as long as the activity is being conducted by the GRANTEE, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are; (a) New construction; (b) Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; (c) A renovation, lease, or any proposed use of a building or facility that will either (1) result in a change in its basic prior use or (2) significantly change its size; (d) Implementation of a new program involving the use of chemicals other than chemicals that are (1) purchased as an incidental component of a funded activity and (2) traditionally used, for example, in office, household, recreational, or education environments; and (e) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The GRANTEE understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/ or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to GRANTEE'S Existing Programs or Activities: For DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 119 IN WITNESS WHEREOF, the parties have made and executed the agreement the day and year first above written. FOR GRANTEE: &a.O IA. o(L I ?-2-0 Authorized Signatory Date ... ... . . J.. .. 5_ = M P-- S-1 (o w v� A.1 -"---1—<- Printed Name and Title Approve y:s to orm and authority to enter into the agreement: d Ai -•al co -I for GRANTEE Date r' '-'ss7a '°41'./t/ A! o 41/ Printed Name and Title . Statutoryfor other legal authority to enter into the agreement: i/C.S. I f z D' //e.S, f//-,.3-Z ' ,e,e-nura .�si P'1,a- 22`-D,d Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMISSION: Andrew T. LeFevre, Executive Director Date Arizona Criminal Justice Commission Revised 8/3/2016 DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 1 21 Nitrile Gloves (L) - Legal Department 1 Equipment Laptops- Marana Police Dept- records telework 2 Contactless Head Thermometers- Marana Police Dept 3 Computer Mouse- Marana Police Dept-telework 1 Computer Keyboard- Marana Police Dept- records telework 2 Computer Keyboard- Marana Police Dept- records telework 2 DocuSign Envelope ID:5ACA3E64-7FC0-47F4-86D9-2AE1156E35B0 Page 123 Exhibit"A" Page 2 2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of, the contractor involving automobiles owned, hired and/or non-owned by the contractor. b. The 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 list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $1,000,000 Disease— Each Employee $1,000,000 Disease— Policy Limit $1,000,000 a. The 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, notice if a policy is suspended,