Loading...
HomeMy WebLinkAboutRES 16-31RESOLUTION NO. 16-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING ACCEPTANCE OF A FISCAL YEAR 2016-2017 GRANT AWARD FROM THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR FINGERPRINT EQUIPMENT. WHEREAS,the Arizona Criminal Justice Commission ("ACJC") sought proposals from local agencies for law enforcement projects; and WHEREAS,the City of Apache Junction,through its police department ("City"),submitted an application for grant funds for a state-of-the-art automated fingerprint identification system ("AFIS"); and WHEREAS,ACJC approved the proposed AFIS grant funding in the total amount of $96,917.00; and WHEREAS,to accept the funds, ACJC requires the council to pass a resolution authorizing approval of the attached grant agreement. NOW,THEREFORE,B E IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows: SECTION 1: Staff was authorized t o submit an application to the Arizona Criminal Justice Commission under the Fiscal Year 2016-2017 National Criminal History Improvement Program and the council approves acceptance of the grant funds for the AFIS project. SECTION 2: The mayor, city manager,the chief of police, or their designee, are authorized to execute the attached agreement with the Arizona Criminal Justice Commission to accept the award. Section 3: The chief of police is authorized to take any and all actions necessary to implement and .complete the activities submitted in the application. RESOLUTION NO. 16-31 PAGE 1 OF 2 Section 4: The chief of police or his designee is hereby authorized to take whatever steps necessary to administer and procure the funding as required under the grant agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS r e DAY OF a f-71766.2016. 7,D66 e...2016. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: io-17 RICHARD J. STERN City Attorney RESOLUTION NO. 16-31 PAGE 2 OF 2 N S. INSALACO ayor "Gef-0 Attachment A ARIZONA CRIMINAL JUSTICE COMMISSION NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM GRANT AGREEMENT ACJC Grant Number NCP 16-17-002 Catalog of Federal Domestic Assistance (CFDA) Number 16.554 This Grant Agreement is made this I.st day of October, 2016 by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called "COMMISSION" and CITY OF APACHE JUNCTION, through the APACHE JUNCTION POLICE DEPARTMENT hereinafter called "GRANTEE".The COMMISSION enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (B)(6), and having satisfied itself as to the qualification of GRANTEE; NOW, THEREFORE, it is agreed between the parties as follows: 1.This Agreement will commence on October 1, 2016 and terminate on December 31, 2017. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COMMISSION.A request for an extension must be received by the COMMISSION sixty (60) days prior to the end of the award period.The COMMISSION in its sole discretion may approve an extension that furthers the goals and objectives of the program and shall determine the length of any extension. 2.GRANTEE agrees that grant funds will be used in accordance with applicable program rules, guidelines and special conditions. 3.The COMMISSION will monitor GRANTEE performance against program goals and performance standards and those outlined in the grant application.Substandard performance as determined by the COMMISSION will constitute noncompliance with this Agreement.If the COMMISSION finds noncompliance, the GRANTEE will receive a written notice which identifies the area of noncompliance, and the appropriate corrective action to be taken.If the GRANTEE does not respond within thirty (30) calendar days to this notice, and does not provide suffident information concerning the steps which are being taken to correct the problem,the COMMISSION may suspend funding, permanently terminate this Agreement or revoke the grant. 4.Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COMMISSION approval may constitute sufficient reason for the COMMISSION to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 5.This Agreement may be modified only by a written amendment signed by the Executive Director or by persons authorized by the Executive Director on behalf of the COMMISSION and GRANTEE.Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when. actually received by the following addressee or their agents or employees: A.If to the COMMISSION: Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Program Manager National Criminal History Improvement Program AC7C Grant Number NCR 16-17-002 Page 2 B.If to the GRANTEE: Oty of Apache Junction Apache Junction Police Department 300 East Superstition Blvd. Apache Junction, AZ 85119 Attn:Chief of Police, Thomas E. Kelly 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 exduding 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. i APPROVED LINE ITEM PROGRAM BUDGET Personnel:1 Salaries Not Approved Fringe Benefits (for salaries/overtime)*I Not Approved Overtime Not Approved 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 Not Approved Registration/Training Not Approved Other $16,769 Equipment Capital $79,848 Noncapital Not Approved TOTAL 1 $96,617 *Reference the ACJC Grant Management Manual for definition of approved Fringe Benefit 7.The total to be paid by the COMMISSION under this Agreement shall not exceed $86,955 in federal funds awarded to the COMMISSION by the U.S. Department of Justice (USDOJ), Office of Justice Programs (0JP).If this grant has a matching requirement GRANTEE understands that other federal grant funds cannot be used as a match for this grant. The matching amount for this award is $9,662. 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 exerdsed, and the COMMISSION shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9.GRANTEE agrees that if it currently has an 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 National Criminal History Improvement Program ACJC Grant Number NCP 16-17-002 Page 3 are being provided under this award,GRANTEE will promptly notify,in writing,the COMMISSION, and if so requested by the COMMISSION, seek a budget modification or change -of -project -scope grant adjustment notice (GAN)to eliminate any inappropriate duplication of funding. 10. GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the COMMISSION. All such documents shall be subject to inspection and audit at reasonable times, induding such records of any subgrantee, contractor, or subcontractor. GRANTEE also understands and agrees that USDOJ and the United States General Accounting Office (USGAO) are authorized to interview any officer or employee of the GRANTEE (or of any subgrantee, contractor, or subcontractor) regarding transactions related to this award. 11. GRANTEE agrees that activities funded under this award will be closely coordinated with related activities supported with Office of Justice Programs (03P), State, local or tribal funds. Grant funds may only be used for the purposes in the GRANTEE's approved application. GRANTEE shall not undertake any work or activities not described in the grant application, induding staff,equipment,or other goods or services without prior approval from the COMMISSION. 12. GRANTEE agrees to track, account for, and report on all funds (induding specific outcomes and benefits) separately from all other funds for the same or similar purposes or programs. Accordingly, the accounting systems of GRANTEE and all subgrantees must ensure that funds from this award are not commingled with funds from any other source. 13. GRANTEE agrees to abide by Federal and State laws and provide accounting, auditing and monitoring procedures to safeguard grant funds and keep such records to assure proper fiscal controls, management and the effident disbursement of grant funds. 14. For the purpose of this grant, a capital expenditure is $5,000 or above.If GRANTEE'S policy defines a capital expenditure as less than $5,000, GRANTEE will use its own policy. 15. GRANTEE agrees to maintain property records for equipment purchased with grant funds and perform a physical inventory and reconciliation with property records at least every two years or more frequently based on GRANTEE policy.GRANTEE agrees that funds will not be used for the construction of new facilities. 16. GRANTEE agrees to follow equipment disposition policies outlined in OMB Circulars A-102 or 2 CFR, Part 215 Uniform Administrative Requirements for Grants and Cooperative Agreements as codified in (1) 28 CFR, Part 66 or (2) 28 CFR, Part 70 when the equipment is no longer needed for the grant program. Link:OMB Cfrcularshtto://www.whitehouse.00v/omb/grants attach/ 17. GRANTEE agrees that all salaried personnel (including subgrantee personnel) whose activities are to be charged to the award will maintain timesheets or certifications to document hours worked for activities related to this award and non -award related activities. GRANTEE agrees to keep time and attendance sheets for hourly employees signed by the employee and supervisory official having firsthand knowledge of the work performed by the grant -funded employees. 18. GRANTEE agrees that it will submit finandal 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 National Criminal History Improvement Program AC1C Grant Number NCP 16-17-002 Page 4 documentation of project milestones. In the event reports are not received on or before the indicated date(s),funding may be suspended until such time as delinquent report(s) are received. 19. These reports are to be submitted according to the following schedule(s): ACTIVITY REPORTS Report Period: October 1 to Decernber,31 January 1 to March 31 April 1 to June 30 July 1 to September 30 Due Date: January 15 April 15 July 15 October 15 FINANCIAL REPORTS Report Period: October 1 to December 31 January 1 to March 31 April 1 to June 30 July 1 to September 30 Due Date: January 15 April 15 July 15 October 15 Additional reporting requirements may be required for GRANTEES who are considered high risk. 20. GRANTEE understands that financial reports are required as an accounting of expenditures for either reimbursement or COMMISSION -approved advance payments. 21. The final request for reimbursement of grant funds must be received by the COMMISSION no later than sixty (60) days after the last day of the award period. 22. All goods and services must be received or have reasonable 'expectations thereof and placed in service by GRANTEE by the expiration of this award. 23. GRANTEE agrees that all encumbered funds must be expended and that goods and services must be paid by GRANTEE within sixty (60) days of the expiration of this award. 24.GRANTEE agrees to remit all unexpended grant funds to the COMMISSION within thirty (30) days of written request from the COMMISSION. 25. GRANTEE agrees to account for interest earned on federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the Office of Justice Programs Financial Guide. Link:OJP financial Guide htt_p ://www.ojo. usdoj. gov/fi nanci a Ig ui de/ 26. GRANTEE agrees to obtain written COMMISSION approval for all sole source procurements in excess of $150,000. 27. GRANTEE agrees to obtain written COMMISSION approval prior to the expenditure of grant funds for consultant fees in excess of $650 per day. 28. GRANTEE agrees to not use federal grant funds to Pay cash compensation (salary plus bonuses) to any employee paid by the grant at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) National Criminal History Improvement Program ACJC Grant Number NCP 16-17-001 Page 5 at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) Unless otherwise noted in the grant solicitation. 29. GRANTEE agrees not to use grant funds for food and/or beverage unless explicitly approved in writing by the COMMISSION. 30. GRANTEE agrees to comply with all applicable laws,regulations,policies and guidance (induding specific cost limits, prior approvals and reporting requirements, where applicable) governing the use of grant funds for expenses related to conferences, meetings, trainings, and other events, induding the provision of food and/or beverages at such events, and costs of attendance at such events unless explicitly approved in writing by the COMMISSION. Information on pertinent laws,regulations, policies,and guidance is available in the OJP Financial Guide Conference Cost Chapter. 31. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes.Supplanting means the deliberate reduction of state or local funds because of the existence of any grant funds. 32. GRANTEE assigns to the COMMISSION any daim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to GRANTEE in exchange for grant funds provided under this Agreement. 33. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. g 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. 34. GRANTEE understands that grant funds may not be released until all delinquent reports and reversion of funds from prior grants are submitted to the COMMISSION. 35. GRANTEE agrees that grant funds are not to be expended for any indirect costs that may be incurred by GRANTEE for administering these funds unless explicitly approved in writing by the COMMISSION.This may indude, but is not limited to, costs for services such as accounting, payroll,data processing,purchasing,personnel, and building use which may have been incurred by the GRANTEE. 36. Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all dalms, losses, liability, costs, or expenses, (induding reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act,omission, negligence,misconduct, or other fault of the Indeminitor, its officers, officials,agents,employees,or volunteers.If the GRANTEE is a State agency,board, commission, or university of the State of Arizona, this paragraph shall not apply. 37. Should GRANTEE utilize a contractor(s)and subcontractor(s)the indemnification clause between GRANTEE and its contractor(s) and subcontractor(s) shall indude the following: Contractor shall defend, indemnify,and hold harmless the GRANTEE and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages,losses, or expenses (including court costs, attorneys' fees, and National Criminal History Improvement Program ACJC Grant Number NCP 16-17-002 Page 6 costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or kiss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors,officers,agents,or employees or subcontractors of such contractor.This indemnity includes any daim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall,in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment Lutits where this indemnification is applicable.Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments,agencies,boards,commissions,universities,officers,officials,agents,and employees as an additional insured and also include a waiver of subrogation in favor of the State. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit "A". 38. GRANTEE agrees to notify the COMMISSION within ten (10) days in the event that the project offidal is replaced during the award period. 39. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COMMISSION. 40. GRANTEE will comply with the audit requirements of OMB arcular 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 Circulars:htto://www.whitehouseoov/omb/orants attach/ 41. GRANTEE certifies that it will comply with OMB arculars A-102 and 2 CFR, Part 215 Uniform Administrative Requirements for Grants and Cooperative Agreements as codified In (1) 28 CFR, Part 66.32 or (2) 28 CFR, Part 70.34 and Cost Principles (1) 2 CFR, Part 225, (2) 2 CFR, Part 220 or (3) 2 CFR, Part 230,the OJP Financial Guide and the most current version of the ACJC Grant Management Reference Manual. Link:OMB Circularshttp://wvwv.whitehouse.00v/omb/orants attach/ OJP Finandal guide:htto://www.ojousdoj.govffinancialguide/ ACJC Grant Management Reference Manual: http://www.azcic.gov/ACJC.Web/oubs/home/021104 Manual GrantReferenceManuatodf 42. GRANTEE agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or sub award to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express written approval of the Office of Justice Programs through the COMMISSION. 43. GRANTEE understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and dvil and/or criminal penalties. 44. GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link:System for Award Managementhttos://www.sam.gov/Dortalloublic/SAM/ National Criminal History Improvement Program ACJC Grant Number NCP 16-17-002 Page 7 45. 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. 46. 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. 47. GRANTEE understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the 01P Training Guide Prindples for Grantees and Subgrantees. Link:OJP Training Guide Prindples for Grantees and Subgrantees htto://www.ojo.usdoi.00v/funding/oiotraininaguidingorincioles.htm 48. GRANTEE agrees to cooperate and participate with any and all assessments, evaluation efforts or information and data collection requests, and acknowledges that the federal or state grantor agency has the right to obtain, reproduce, publish or use data provided under this award and may authorize others to receive and use such information. 49. 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. 50. 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.2016-RU-BX-K027 awarded by the Bureau of Justice Statistic, 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." 51. 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, subpts. 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 on the basis of race, color,religion,sex, disability,and national origin (including limited English proficiency) in the delivery of services and employment practices, and prohibit discrimination on the basis of age in the delivery of services.If in the three years prior to the date of the grant award a Federal or State Court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against GRANTEE, GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s).National origin discrimination indudes 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 National Criminal History Improvement Program AC7C Grant Number NCP 16-17-002 Page 8 52. GRANTEE agrees to comply with the applicable requirements of 28 CFR Part 38,the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice financial assistance may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization.Recipients of Department of Justice financial assistance may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation In such activities by individuals receiving services from GRANTEE must be voluntary.The Equal Treatment Regulation also makes dear that organizations participating in programs receiving finandal assistance from the Department of Justice are not permitted to discriminate In the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith -based organizations may, in some circumstances, consider religion as a basis for employment. Link:http://www.ojp.usdoi.00v/aboutiocriectual fbo.htm 53. GRANTEE should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. As of June 2013 OJP has issued an advisory that grantees should consult local counsel in reviewing their employment practices. If warranted, grantees should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plan (EEOP). See Advisory for Recipients of financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at htto://www.oip.goviaboutiocripdfs/UseofConviction Advisorv.pdf. 54. GRANTEE assures that it will comply with all state and federal laws regarding privacy during the course of the award.All information relating to clients is to be treated with confidentiality in accordance with 42 USC section 3789g or 42 USC 14132(b)(3) that are applicable to the collection, disdosure, use and revelation of data information.GRANTEE further agrees to submit a privacy Certificate that is in accordance with requirements of 28 CFR Part 22 if applicable to the program. 55. GRANTEE agrees to formulate and keep on file an EEOP (if GRANTEE is required pursuant to 28 CFR 42.302).GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements.Failure to comply may result in suspension of grant funds.Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights,Office of Justice Programs regarding this requirement must be provided to the COMMISSION by GRANTEE. In the event a federal or state court or federal or state administrative agency makes an adverse finding of discrimination against GRANTEE after a due process hearing, on the ground of race, color, religion, national origin, or sex, GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. 56. GRANTEE agrees to participate in any required dvil rights related training to ensure compliance with all federal and state civil rights laws.GRANTEE will inform the COMMISSION of the position responsible for civil rights compliance and will inform the COMMISSION of change in personnel responsible for civil rights compliance within ten days. Link:htto: //a zcjc.pov/ACJ C.Web/G ra nts/dvi I rig hts/default, aspx 57. 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 National Criminal History Improvement Program AOC Grant Number NCP 16-17-002 Page 9 schemas generated as a result of this grant to the component registry as spedfied in the guidelines. Link:https://www.niem.cov/aboutniem/grant-fundina/Pacies/imolementation-guide.asox 58.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 (Dal'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:htto://www.it.ojp.govigsp 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. 59. To avoid duplicating existing networks or rr 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. 60. If GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent possible and practical; share criminal justice information with other authorized criminal justice agencies.The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 61. If GRANTEE is a state agency and the award is for the development of information technology projects for more than $25,000, GRANTEE must complete a Project Investment Justification (PL1) and submit the justification to the Arizona Department of Administration (ADOA), with a copy to the COMMISSION.GRANTEE agrees to submit required project status reports to ADOA by the due dates and submit copies to the COMMISSION. If GRANTEE is not a state agency and the award is for the development of information technology projects, GRANTEE will follow local technology policies and guidelines. 62. GRANTEE must promptly refer to the COMMISSION any credible evidence that a principal, employee, agent, contractor, subgrantee, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds.The COMMISSION shall forward the referral to the Department of Justice, Office of the Inspector General. 63. The COMMISSION encourages GRANTEE to establish workplace safety policies and conduct education, awareness and other outreach to decrease crashes caused by distracted drivers, Including adopting and enforcing policies banning employees from text messaging while driving any vehide during the course of performing work funded by this grant. Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 2009). 64.GRANTEE certifies to comply with the Drug -Free Workplace Act of 1988, and implemented in 28 CFR Part 83, Subpart F, for grantees, as defined in 28 CFR, Part 83 Sections 83.620 and 83.650. National Criminal History Improvement Program AC7C Grant Number NCP 16-17-002 Page 10 65. GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9).This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally GRANTEE ensures compliance with A.R.S. § 41-4401 federal immigration laws by state employers and contractors. 66. GRANTEE acknowledges that Immigration laws require them to register and participate with the E -Verify program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this state.GRANTEE warrants that they have registered with and partidpate with E -Verify. If the GRANTOR later determines that the GRANTEE has not complied with E -Verify, it will notify the non -compliant GRANTEE by certified mail of the determination and of the right to appeal the determination. 67. 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. 68. 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. 69. 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. 70. GRANTEE understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who partidpate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 71. 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 pomography, 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. 72. GRANTEE agrees to comply with all federal, state and local environmental laws and regulations applicable to the development and implementation of activities to be funded under this award. Additional requirements may be found in Grant Agreement Continuation Sheet. 73. GRANTEE agrees that all income generated as a direct result of this award 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, induding the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 CFR part 66 or (2) 28 CFR part 70 and OMB Circular A-102 & 2 CFR 215. National Criminal History Improvement Program ACJC Grant Number NCP 16-17-001 Page 11 74. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. This Agreement may also be cancelled at the COMMISSION'S discretion if not returned with authorized signatures to the COMMISSION within 90 days of commencement of the award. 75. 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. 76. GRANTEE agrees to comply with all Spedal Condition(s) induded with this Agreement on the Grant Agreement Continuation Sheet. 77. GRANTEE understands that grant funds may not be released until GRANTEE is compliant with all requirements of grant agreement. National Criminal History Improvement Program ACK Grant Number NCP 16-17-002 Page 12 Arizona Criminal Justice Commission NATIONAL CRIMINAL HISTORY IMPROVEMENT 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 acknowledges that OJP reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward;and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. 3.GRANTEE assures if they are a state agency that the State Information Technology Point of Contact receive written notification regarding any information technology project funded by this grant.GRANTEE agrees to keep on file documentation showing that it has met this requirement. 4.GRANTEE agrees that if any criminal justice information systems developed, designed, implemented or upgraded with these grant funds will be compatible, where applicable with the National Inddent-Based Reporting System (NIBRS), the National Crime Information Center system (NCIC), the National Criminal Instant Background Check System (NICS), the Integrated Automated Fingerprint Identification System (IAFIS) that will conform to the American National Standards Institute (ANSI standard data format for interchange of fingerprint information (ANSI/NIST-CLS-I-1993), National Sex Offender Registry, National Protective Order file, and other reporting standards of the FBI, and applicable statewide or regional criminal justice information sharing standards and plans. S.GRANTEE has or intends to establish a program that enters into the National Crime Information Center (NCIC) records of: (a) Protection orders for the protection of persons from stalking or domestic violence;(b)Warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence; and (c) Arrests or convictions of persons violating protection orders intended to protect victims from stalking or domestic violence. 6.GRANTEE agrees that projects supported with these funds will coordinate with federal, state and local homeland security and pre -sale of firearms checks as appropriate. 7.GRANTEE agrees that no employee funded with this Grant will work more than ten (10) Hours overtime, per week, per Bureau of Justice Assistance (BJA) guidelines. 8.GRANTEE agrees that AFIS (Automated Fingerprint Identification System)equipment purchased under this award will conform to the American National Standards Institute (ANSI) Standard, "Data Format for the Interchange of Fingerprint, Facial & Other Biometric Information" (ANSI/NIST-ITL 1-2007 PART 1) and other reporting standards of the FBI. National Criminal History Improvement Program ACJC Grant Number NCP 16-17-002 Page 13 9.GRANTEE agrees that protective order systems developed with funds under this award will be designed to permit interface with the National Protective Order file maintained by the FBI. 10.GRANTEE agrees to comply with all applicable restrictions an the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, induding from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at: Link:htto://oip.gov/funding/Exolore/FY2016-ApproDriationslawRestrictions.htm Should a question arise as to whether a particular use of federal funds by a redpient (or subredpient) would or might fall within the scope of an appropriations -law restriction, GRANTEE agrees to notify the COMMISSION who will contact 031' for guidance, and may not proceed without the express prior written approval of OJP. 11.No GRANTEE or subgrantee, 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 to 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 forgoing 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 compartments information), or any other form by a federal department or agency governing the nondisdosure of classified information. 1.In accepting this award, the GRANTEE a.Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict)employees or contractors from reporting waste, fraud, or abuse as described above; and b.Certifies that, if it learns or is notified that 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, and will provide prompt notification the COMMISSION who will provide prompt written notification to the federal agency making the award, and will resume (or permit resumption of)such obligations only if expressly authorized to do so by that agency. 12.GRANTEE agrees to comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712,including all applicable provisions that prohibit,under specified drcumstance_s, discrimination against an employee as reprisal for the employee's disclosure of information related to the gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law,rule, or regulation related to a federal grant GRANTEE understands that it 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, GRANTEE is to contact the COMMISSION who will contact the D03 awarding agency for guidance. National Criminal History Improvement Program AC.7C Grant Number NCP 16-17-002 Page 14 13.GRANTEE agrees that the value or amount of any "non-federal share," "match," or cost- sharing contribution incorporated into the COMMISSION approved budget for this award is pat of the "project cost" for purposes of the Part 200 Uniform Requirements and is subject to audit. 14.GRANTEE agrees to comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this 0313 award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of 03P awards are required to report information about such proceedings, through the federal System for Award Management ("SAM"), to the designated federal integrity and performance system CFAPIIS"). The details of the GRANTEE's obligations regarding the required reporting (and updating)of information on certain civil,criminal,and administrative proceedings to the federal designated integrity and performance system ("FAPIIS") within SAM are posted at: Link:http://ojo.gov/fundino/FAPIIS,htm 15.GRANTEE agrees to comply with all applicable requirements (including requirements to report allegations)pertaining to prohibited conduct related to trafficking of persons, whether on the part of recipients, subgrantees, or individuals defined (for the purpose of this condition) as "employees" of the recipient or of any subgrantee.The details of the GRANTEE's obligations related to prohibited conduct related to trafficking in persons are posted at: Link:http://olo.ov/fu nd no/E xolore/Pro hi bitedCond uct-Tra cki na. htm Authorized Official Int National Criminal History Improvement Program ACJC Grant Number NCP 16-17-002 Page 15 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Authorized Signatory Q\\ Printed Name and Title Approved as to form and authority to enter into Agreement: \ low Date 2g -/ Legal counsel for GRANTEE Date an-lkiRT obeL ar MI )0 t-TY iciTint2N e;) Printed Name and Title Statutory or other legal authority to enter into Agreement: 4-R --S. is 11-95a, Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMISSION: Andrew T. LeFevre, Executive Director Date Arizona Criminal Justice Commission Revised 8/3/2016 National Criminal History Improvement Program AC1C Grant Number NCP 16-17-002 Page 16 ARIZONA CRIMINAL JUSTICE COMMISSION GRANT AGREEMENT Insurance Requirements Exhibit "A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself)The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement.The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A.MINIMUM SCOPE AND LIMITS OF INSURANCE:Contractor shall provide coverage with limits of liability not less than those stated below. 1.Commercial General Liability — Occurrence Form Policy shall include bodily injury, property damage, and broad form contractual liability. •General Aggregate $2,000,000 •Products - Completed Operations Aggregate $1,000,000 •Personal and Advertising Injury $1,000,000 •Fire Legal Liability $50,000 •Each Occurrence $1,000,000 a.The policy shall be endorsed, as required by this written agreement, to indude the State of Arizona,and its departments,agencies,boards, commissions,universities,officers,offidals,agents,and employees as additional insureds with respect to liability .arising out of the activities performed by or on behalf of the Contractor. (Note that the other governmental enUty(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) b.Policy shall contain a waiver of subrogation endorsement, as required by this written agreement,in favor of the State of Arizona, and its departments, agendes, boards,commissions, universities, officers, offidals, agents, and employees for losses arising from work performed by or on behalf of the Contractor. National Criminal History Improvement Program ACJC Grant Number NCP 16-17-002 Page 17 Exhibit "A" Page 2 2.Business Automobile Liability Bodily Injury and Property Damage for any owned,hired, and/or non -owned vehides used in the performance of this Contract. Combined Single limit (CSL)$1,000,000 a.The policy shall be endorsed, as required by this written agreement, to include the State of Arizona,and its departments, agencies, boards, commissions, universities, officers,officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of, the Contractor involving automobiles owned, hired and/or non -owned by the Contractor. b.Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards,commissions,universities,officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. (Note that the other governmental entity(/es) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of peions to be Insured.) 3.Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $1,000,000 Disease — Each Employee $1,000,000 Disease — Policy Limit $1,000,000 a.Policy shall contain a waiver of subrogation endorsement, as required by this written agreement,in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to each contractor or subcontractor that is exempt under A.R.S.§ 23-901, and when such contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor). Additional Insurance Requirements: The policies shall indude, or be endorsed to include, as required by this written agreement, the following provisions: The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E). Insurance provided by the Contractor shall not limit the Contractor's liability assumed under the indemnification provisions of this Contract. Notice of Cancellation: For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the State of Arizona, within two (2) business days of receipt, a notice if a policy is suspended, National Criminal History Improvement Program 4C1C Grant Number NCP 16-17-002 Page 18 voided, or cancelled for any reason. Such notice shall be mailed, emailed, hand delivered or sent by facsimile transmission to (Enter Contracting Agency Representative's Name, Address, and Fax Number Here). Acceptability of Insurers: Contractor's insurance shall be placed with companies licensed in the State of Arizona or hold approved non -admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an "A.M. Best" rating of not less than A- VII. The State of Arizona in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential Insurer insolvency. Verification of Coverage: Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) as required by this Contract. An authorized representative of the insurer shall sign the certificates. All certificates and endorsements, as required by this written agreement, are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time. Subcontractors: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of the Contract, proof from the Contractor that its subcontractors have the required coverage. Approval and Modifications: The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action. Exceptions: In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commissidn, or university, none of the above shall apply.