HomeMy WebLinkAboutSTATE FARM INSURANNCE GRANT FOR RULE THE ROAD EVENT GRANT AGREEMENT
STATE FARM INSURANCE GRANT FOR
RULE THE ROAD EVENT
Contract#:
This Grant Agreement (this "Grant Agreement"), entered into by and between the Indiana Criminal
Justice Institute(the"State"),and City of Jeffersonville(the"Grantee"),is executed pursuant to the terms
and conditions set forth herein. In consideration of those mutual undertakings and covenants,the parties
agree as follows:
1. Purpose of this Grant Agreement; Grant Funds.
The purpose of this Grant Agreement is to enable the State to award a Grant of$2.000.00(the "Grant")to
the Grantee for eligible costs of the services or project(the"Project")described in Exhibit A of this Grant
Agreement, which are attached hereto and incorporated fully by reference. The funds shall be used
exclusively in accordance with the provisions contained in this Grant Agreement and in conformance with
Indiana Code § 5-2-6-3, which establishes the authority to make this Grant, as well as any rules adopted
thereunder. The funds received by the Grantee pursuant to this Grant Agreement shall be used only to
implement the Project or provide the services in conformance with this Grant Agreement and for no other
purpose.
FUNDING SOURCE:
Program Title: State Farm Insurance Grant for Rule the Road event
2. Representations and Warranties of the Grantee.
A. The Grantee expressly represents and warrants to the State that it is statutorily eligible to receive these
Grant funds.The Grantee expressly agrees to promptly repay all funds paid to it under this Grant Agreement
should it be determined that it was ineligible to receive the funds.
B. The Grantee certifies by entering into this Grant Agreement that neither it nor its principals are presently
debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from entering into
this Grant Agreement by any federal or state department or agency. The term"principal"for purposes of this
Grant Agreement is defined as an officer,director, owner,partner,key employee or other person with primary
management or supervisory responsibilities,or a person who has a critical influence on or substantive control
over the operations of the Grantee.
3. Implementation of and Reporting on the Project. The Grantee shall implement and complete the
Project in accordance with Exhibit A. Modification of the Project shall require prior written approval of the
State. Any modification of the Project,including personnel changes,must be reported to the State within 10
calendar days of the event giving rise to the need for a modification. The State will deny any reimbursement
of expenditures concerning a modification of a project until such time as the State approves the modification.
The reimbursement eligibility date begins the date the State approved the modification.
4. Term. This Grant Agreement commences on September 24,2019 and shall remain in effect through
December 30,2019. It may not be renewed.
5. Grant Funding.
A. The State shall fund this grant in the amount of$2,000.00. The Project costs funded by this
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Grant Agreement shall not be changed or modified without the prior written consent of the State.
B. The disbursement of Grant funds to the Grantee shall not be made until all documentary
materials required by this Grant Agreement have been received and approved by the State and this Grant
Agreement has been fully approved by the State.
6. Payment of Claims.
A. All payments shall be made thirty five (35) days in arrears in conformance with State fiscal
policies and procedures. As required by IC § 4-13-2-14.8, all payments will be by the direct deposit by
electronic funds transfer to the financial institution designated by the Grantee in writing unless a specific
waiver has been obtained from the Indiana Auditor of State.
B. Requests for payment will be processed only upon presentation of a Claim Voucher in the form
designated by the State. Such Claim Vouchers must be submitted with the budget expenditure report
detailing disbursements of state,local and/or private funds by project budget line items.
C. Claims must be submitted with accompanying supportive documentation as designated by the
State. Claims submitted without supportive documentation will be returned to the Grantee and not
processed for payment. Supporting documentation includes, but is not limited to, cancelled checks,
receipts, time sheets, pay stubs, etc. Failure to comply with the provisions of this Grant Agreement may
result in the denial of a claim for payment.
7. Project Monitoring by the State.
The State may conduct on-site or off-site monitoring reviews of the Project during the term of this Grant
Agreement and for up to three(3)years after it expires or is otherwise terminated. On-site monitoring
reviews may be announced or unannounced. The State may appoint an authorized designee to conduct on-
site peer reviews.The Grantee must submit to monitoring at the request of the State or its authorized
designee including fiscal and programmatic monitoring and peer review. The Grantee shall extend its full
cooperation and give full access to the Project site and to relevant documentation to the State or its
authorized designees for the purpose of determining, among other things:
A. whether Project activities are consistent with those set forth in Exhibit A and the terms and
conditions of the Grant Agreement;and
B. that Grantee has maintained the grant funds separate and apart from other funds maintained
by the Grantee, and that Grantee has all of the necessary supporting documentation for every
expenditure of grant funds.
Failure to comply with the State's request to conduct any monitoring activity (including peer review),
failure to supply documentation, and/or hindering the State's monitoring efforts in any way shall be
considered a material breach of this Grant Agreement and grounds for immediate termination and denial
of other grant opportunities with the State.
8. Compliance with Audit and Reporting Requirements; Maintenance of Records.
A. The Grantee shall submit to an audit of funds paid through this Grant Agreement, and shall
make all books, accounting records and other documents available at all reasonable times during the term
of this Grant Agreement and for a period of three(3)years after final payment for inspection by the State
or its authorized designee. Copies shall be furnished in a manner requested by the State, at no cost to the
State.
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B. If the Grantee is a "subrecipient" of federal grant funds under 2 C.F.R. 200.330, Grantee
shall arrange for a financial and compliance audit that complies with 2 C.F.R. 200.500 et seq. if required
by applicable provisions of 2 C.F.R.200(Uniform Administrative Requirements,Cost Principles,and Audit
Requirements).
C. If the Grantee is a non-governmental unit, the Grantee shall file the Form E-1 annual
financial report required by IC 5-11-1-4. The E-1 entity annual financial report will be used to determine
audit requirements applicable to nongovernmental units under IC 5-11-1-9. Audits required under this
section must comply with the State Board of Accounts Uniform Compliance Guidelines for Examination
of Entities Receiving Financial Assistance from Governmental Sources,
https://www.in.gov/sboa/files/erfa 2016.pdf.
9. Compliance with Laws.
A. The Grantee shall comply with all applicable federal, state and local laws, rules, regulations
and ordinances, and all provisions required thereby to be included herein are hereby incorporated by
reference. The enactment or modification of any applicable state or federal statute or the promulgation of
rules or regulations thereunder after execution of this Grant Agreement shall be reviewed by the State and
the Grantee to determine whether the provisions of this Grant Agreement require formal modification.
B. The Grantee and its agents shall abide by all ethical requirements that apply to persons who
have a business relationship with the State as set forth in IC §4-2-6, et seq., IC §4-2-7, et seq. and the
regulations promulgated thereunder. If the Grantee has knowledge,or would have acquired knowledge
with reasonable inquiry,that a state officer,employee,or special state appointee, as those terms are
defined in IC§4-2-6-1,has a financial interest in the grant,the Grantee shall ensure compliance with
the disclosure requirements in IC§4- 2-6-10.5 prior to the execution of this Grant Agreement. If the
Grantee is not familiar with these ethical requirements,the Grantee should refer any questions to the Indiana
State Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. If the Grantee
or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this
Grant immediately upon notice to the Grantee. In addition,the Grantee may be subject to penalties under
IC §§4-2-6,4-2-7,35-44.1-1-4, and under any other applicable laws.
C. The Grantee certifies by entering into this Grant Agreement that neither it nor its principal(s)is
presently in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required
payments to the State. The Grantee agrees that any payments currently due to the State may be withheld
from payments due to the Grantee. Additionally,payments may be withheld,delayed,or denied and/or this
Grant suspended until the Grantee is current in its payments and has submitted proof of such payment to
the State.
D. The Grantee warrants that it has no current, pending or outstanding criminal, civil, or
enforcement actions initiated by the State, and agrees that it will immediately notify the State of any such
actions. During the term of such actions, the Grantee agrees that the State may suspend funding for the
Project. If a valid dispute exists as to the Grantee's liability or guilt in any action initiated by the State or
its agencies, and the State decides to suspend funding to the Grantee,the Grantee may submit, in writing,
a request for review to the Indiana Department of Administration(IDOA). A determination by IDOA shall
be binding on the parties. Any disbursements that the State may delay,withhold,deny,or apply under this
section shall not be subject to penalty or interest.
E. The Grantee warrants that the Grantee and any contractors performing work in connection with
the Project shall obtain and maintain all required permits, licenses,registrations, and approvals, and shall
comply with all health,safety,and environmental statutes,rules,or regulations in the performance of work
activities for the State. Failure to do so may be deemed a material breach of this Grant Agreement and
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grounds for immediate termination and denial of grant opportunities with the State.
F. The Grantee affirms that, if it is an entity described in IC Title 23, it is properly registered and
owes no outstanding reports to the Indiana Secretary of State.
G. As required by IC §5-22-3-7:
(1) The Grantee and any principals of the Grantee certify that:
(A) ) the Grantee, except for de minimis and nonsystematic violations, has not
violated the terms of:
(i) IC §24-4.7 [Telephone Solicitation Of Consumers];
(ii) IC §24-5-12 [Telephone Solicitations];or
(iii) IC §24-5-14 [Regulation of Automatic Dialing Machines];
in the previous three hundred sixty-five(365)days,even if IC §24-4.7 is
preempted by federal law; and
(B))the Grantee will not violate the terms of IC §24-4.7 for the duration of this
Grant Agreement,even if IC §24-4.7 is preempted by federal law.
(2) The Grantee and any principals of the Grantee certify that an affiliate or principal of the
Grantee and any agent acting on behalf of the Grantee or on behalf of an affiliate or principal
of the Grantee,except for de minimis and nonsystematic violations,
(A) )has not violated the terms of IC §24-4.7 in the previous three hundred
sixty-five(365)days,even if IC §24-4.7 is preempted by federal law;and
(B)will not violate the terms of IC §24-4.7 for the duration of this Grant
Agreement even if IC §24-4.7 is preempted by federal law.
10. Debarment and Suspension.
A. The Grantee certifies by entering into this Grant Agreement that it is not presently debarred,
suspended,proposed for debarment,declared ineligible or voluntarily excluded from entering into this Grant
by any federal agency or by any department,agency or political subdivision of the State. The term"principal"
for purposes of this Grant Agreement means an officer,director,owner,partner,key employee or other person
with primary management or supervisory responsibilities, or a person who has a critical influence on or
substantive control over the operations of the Grantee.
B. The Grantee certifies that it has verified the suspension and debarment status for all
subcontractors receiving funds under this Grant Agreement and shall be solely responsible for any
recoupments or penalties that might arise from non-compliance. The Grantee shall immediately notify the
State is any subcontractor becomes debarred or suspended, and shall, at the State's request, take all steps
required by the State to terminate its contractual relationship with the subcontractor for work to be performed
under this Grant Agreement.
11. Drug-Free Workplace Certification.
As required by Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana, the Grantee
hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace.
Grantee will give written notice to the State within ten(10)days after receiving actual notice that the Grantee,
or an employee of the Grantee in the State of Indiana, has been convicted of a criminal drug violation
occurring in the workplace. False certification or violation of the certification may result in sanctions
including, but not limited to, suspension of grant payments, termination of the grant and/or debarment of
grant opportunities with the State of Indiana for up to three(3)years.
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In addition to the provisions of the above paragraphs,if the total amount set forth in this Grant Agreement is
in excess of$25,000.00,the Grantee certifies and agrees that it will provide a drug- free workplace by:
A. Publishing and providing to all of its employees a statement notifying them that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the
Grantee's workplace and specifying the actions that will be taken against employees for violations of such
prohibition;and
B. Establishing a drug-free awareness program to inform its employees of(1) the dangers of
drug abuse in the workplace;(2)the Grantee's policy of maintaining a drug-free workplace;(3)any available
drug counseling,rehabilitation,and employee assistance programs;and(4)the penalties that may be imposed
upon an employee for drug abuse violations occurring in the workplace; and
C. Notifying all employees in the statement required by subparagraph (A) above that as a
condition of continued employment the employee will(1)abide by the terms of the statement;and(2)notify
the Grantee of any criminal drug statute conviction for a violation occurring in the workplace no later than
five(5)days after such conviction; and
D. Notifying in writing the State within ten(10) days after receiving notice from an employee
under subdivision(C)(2)above,or otherwise receiving actual notice of such conviction;and
E. Within thirty(30)days after receiving notice under subdivision(C)(2)above of a conviction,
imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse
violations occurring in the workplace: (1)take appropriate personnel action against the employee, up to and
including termination; or(2)require such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or
other appropriate agency; and
F. Making a good faith effort to maintain a drug-free workplace through the implementation of
subparagraphs(A)through(E)above.
12. Employment Eligibility Verification. As required by IC § 22-5-1.7, the Grantee hereby swears or
affirms under the penalties of perjury that:
A. The Grantee has enrolled and is participating in the E-Verify program;
B. The Grantee has provided documentation to the State that it has enrolled and is participating
in the E-Verify program;
C. The Grantee does not knowingly employ an unauthorized alien.
D. The Grantee shall require its contractors who perform work under this Grant Agreement to
certify to Grantee that the contractor does not knowingly employ or contract with an unauthorized alien and
that the contractor has enrolled and is participating in the E-Verify program. The Grantee shall maintain this
certification throughout the duration of the term of a contract with a contractor.
The State may terminate for default if the Grantee fails to cure a breach of this provision no later than thirty
(30)days after being notified by the State.
13. Funding Cancellation. As required by Financial Management Circular 2007-1 and IC § 5-22-17-5,
when the Director of the State Budget Agency makes a written determination that funds are not appropriated
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or otherwise available to support continuation of performance of this Grant Agreement,it shall be canceled.
A determination by the Director of the State Budget Agency that funds are not appropriated or otherwise
available to support continuation of performance shall be final and conclusive.
14. Governing Law. This Grant Agreement shall be governed,construed,and enforced in accordance with
the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any,must be brought in
the State of Indiana.
15. Information Technology Accessibility Standards. Any information technology related products or
services purchased,used or maintained through this Grant must be compatible with the principles and goals
contained in the Electronic and Information Technology Accessibility Standards adopted by the Architectural
and Transportation Barriers Compliance Board under Section 508 of the federal Rehabilitation Act of 1973
(29 U.S.C. §794d),as amended. The federal Electronic and Information Technology Accessibility Standards
can be found at:http://www.access-board.gov/508.htm.
16. Insurance. The Grantee shall maintain insurance with coverages and in such amount as may be
required by the State or as provided in its Grant Application.
17. Nondiscrimination.Pursuant to the Indiana Civil Rights Law,specifically including IC
§22-9-1-10,and in keeping with the purposes of the federal Civil Rights Act of 1964,the Age Discrimination
in Employment Act, and the Americans with Disabilities Act, the Grantee covenants that it shall not
discriminate against any employee or applicant for employment relating to this Grant with respect to the
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to
employment, because of the employee or applicant's: race, color, national origin, religion, sex, age,
disability, ancestry, status as a veteran, or any other characteristic protected by federal, state, or local law
("Protected Characteristics"). Furthermore, Grantee certifies compliance with applicable federal laws,
regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the
provision of services.
The Grantee understands that the State is a recipient of federal funds, and therefore, where applicable,
Grantee and any subcontractors shall comply with requisite affirmative action requirements, including
reporting, pursuant to 41 C.F.R. Chapter 60, as amended, and Section 202 of Executive Order 11246 as
amended by Executive Order 13672.
18. Notice to Parties. Whenever any notice, statement or other communication is required under this
Grant,it shall be sent by Email or first class U.S.mail service to the following addresses,unless otherwise
specifically advised.
A. Notices to the State shall be sent to:
Indiana Criminal Justice Institute
Attn: Grant Manager
101 W.Washington Street, Suite 1170—East Tower
Indianapolis, IN 46204
B. Notices to the Grantee shall be sent to:
City of Jeffersonville
Attn: Yvonne Dowd
500 Quartermaster Ct., Suite 300
Jeffersonville,IN 47130
C. As required by IC §4-13-2-14.8, payments to the Grantee shall be made via electronic funds
transfer in accordance with instructions filed by the Grantee with the Indiana Auditor of State.
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19. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Grant
Agreement shall be resolved by giving precedence in the following order: (1)this Grant Agreement; (2)
exhibits prepared by the State; and(3)exhibits prepared by Grantee.
20. Public Record. The Grantee acknowledges that the State will not treat this Grant as containing
confidential information,and will post this Grant on the transparency portal as required by Executive Order
05-07 and IC § 5-14-3.5-2. Use by the public of the information contained in this Grant shall not be
considered an act of the State.
21. Termination for Breach.
A. Failure to complete the Project and expend State,local and/or private funds in accordance with
this Grant Agreement may be considered a material breach, and shall entitle the State to suspend grant
payments, and suspend the Grantee's participation in State grant programs until such time as all material
breaches are cured to the State's satisfaction.
B. The expenditure of State or federal funds other than in conformance with the Project or the
Budget may be deemed a breach. The Grantee explicitly covenants that it shall promptly repay to the State
all funds not spent in conformance with this Grant Agreement.
22. Termination for Convenience. Unless prohibited by a statute or regulation relating to the award of
the Grant, this Grant Agreement may be terminated, in whole or in part, by the State whenever, for any
reason,the State determines that such termination is in the best interest of the State. Termination shall be
effected by delivery to the Grantee of a Termination Notice, specifying the extent to which such
termination becomes effective. The Grantee shall be compensated for completion of the Project properly
done prior to the effective date of termination. The State will not be liable for work on the Project
performed after the effective date of termination. In no case shall total payment made to the Grantee
exceed the original grant.
23.Travel.No expenses for travel will be reimbursed unless specifically authorized by this Grant.
24. Federal and State Third-Party Contract Provisions. [DELETED BY AGREEMENT OF THE
PARTIES.]
25. Provision Applicable to Grants with tax-funded State Educational Institutions:"Separateness"
of the Parties. [DELETED BY AGREEMENT OF THE PARTIES.]
26. State Boilerplate Affirmation Clause. I swear or affirm under the penalties of perjury that I have
not altered,modified,changed or deleted the State's Boilerplate clauses(as defined in the 2019 OAG/IDOA
Professional Services Contract Manual or the 2019 SCM Template) in any way except for the following
clauses,which are named below:
Clause 2: Modified.
Clause 3: Modified.
Clause 4: Modified.
Clause 5: Modified.
Clause 6: Modified.
Clause 7: Modified.
Clause 8: Modified.
Clause 24: Omitted.
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Clause 25: Omitted.
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Non-Collusion,Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the Grantee, or that the
undersigned is the properly authorized representative, agent, member or officer of the Grantee. Further, to
the undersigned's knowledge,neither the undersigned nor any other member,employee,representative,agent
or officer of the Grantee, directly or indirectly, has entered into or been offered any sum of money or other
consideration for the execution of this Grant other than that which appears upon the face hereof.
Furthermore,if the undersigned has knowledge that a state officer,employee,or special state appointee,
as those terms are defined in IC 4-2-6-1, has a fmancial interest in the Grant, the Grantee attests to
compliance with the disclosure requirements in IC 4-2-6-10.5.
AGREEMENT TO USE ELECTRONIC SIGNATURES
(Applicable to Agreements Executed through SCM)
I agree, and it is my intent, to sign this Agreement by accessing State of Indiana Supplier Portal using the
secure password assigned to me and by electronically submitting this Agreement to the State of Indiana. I
understand that my signing and submitting this Agreement in this fashion is the legal equivalent of having
placed my handwritten signature on the submitted Agreement and this affirmation. I understand and agree
that by electronically signing and submitting this Agreement in this fashion I am affirming to the truth of the
information contained therein. I understand that this Agreement will not become binding on the State until it
has been approved by the Department of Administration, the State Budget Agency, and the Office of the
Attorney General, which approvals will be posted on the Active Contracts Database:
https://hr85.gmis.in.gov/psp/pa91prd/EMPLOYEE/EMPL/h/?tab=PAPP GUEST.
In Witness Whereof,Grantee and the State have,through their duly authorized representatives,entered into
this Grant. The parties,having read and understood the foregoing terms of this Grant,do by their respective
signatures dated b- o ee to the terms thereof.
City of Jeffer •n,it Indiana Criminal Justice Institute
By: By:
Sk:4-1.... °•.k0 0 r t ,tAc..,1 o r Devon McDonald,Executive Director
Printed Name and Title
Date: "-. --10 ^Vs:\ Date:
Approved by: Approved by:
Indiana Department of Administration State Budget Agency
By: By: (for)
Lesley A.Crane,Commissioner Zachary Q.Jackson,Director
Prepared and reviewed by: Approved as to Form and Legality:
Office of the Attorney General
(for)
Curtis T.Hill Jr.,Attorney General Laura A.Turner,Attorney No.28350-41
Deputy General Counsel
Indiana Criminal Justice Institute
Date: Date:
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Duties of State and Grantee
Rule the Road Event
Rule the Road Event("Event")gives young drivers the opportunity to learn the skills they need to keep them
safe while driving a motor vehicle.The Event allow young drivers to get valuable hands-on driving experience
with certified emergency vehicle operators. The Event is held for one day by the Grantee and paid through a
grant received by State Farm Insurance that is received by the State and subsequently received to those
Grantees who apply for an Event.
Duties of the State
1. The State shall provide administrative support to the Grantee during the Event. Administrative Support
includes assistance with participant registration,collection of participant waivers,and collection of testing
materials.
Duties of the Grantee
1. The Grantee shall provide all trained Instructors and other personnel as needed for the Event.
2. The Grantee shall provide training vehicles,training course set-up,food,beverages,and any and all other
needed equipment for the Event.
3. The Grantee shall arrange for or provide all media coverage for the Event.
4. The Grantee shall provide the venue and grounds for the Event.
5. The Grantee agrees to provide the State with an estimated number of participants five(5)business days
preceding the Event.
6. The Grantee agrees to provide documentation for law enforcement officers who were off duty while
working the Event.
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