HomeMy WebLinkAboutResolution 2009-129 funding agreement for police click it or ticketMARANA RESOLUTION N0.2009-129
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE A FUNDING AGREEMENT WITH THE GOVERNOR'S
OFFICE OF HIGHWAY SAFETY UNDER THE HIGHWAY SAFETY PROGRAM (23 U.S.C.
§§401-404) TO FUND THE MARANA POLICE DEPARTMENT'S PARTICIPATION WITH
THE CLICK IT OR TICKET NEXT GENERATION MOBILIZATION
WHEREAS, the Governor's Office of Highway Safety (GOHS) has received funding
under the National Highway Safety Act of 1966, as amended (23 U.S.C. §§401-404) for state and
local agencies for projects relating to all aspects of highway safety; and
WHEREAS, the Town of Marana recognizes its duty to protect its citizens through
effective police powers; and
WHEREAS, the Marana Police Department is working to with community partners and
GOHS to improve safety on Arizona roadways; and
WHEREAS, GOHS is offering grant funding to help further these goals; and
WHEREAS, grant funding will allow the Marana Police to support overtime pay for
police officers participating with the Click It or Ticket program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Town Manager is authorized execute a grant
agreement with GOHS funding for the Marana Police Department's participation in Click It or
Ticket activities.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, thi®`~~;~~~~,~*®August, 2009.
~~~~~~~un~ ~s~
Qz,,,~T Mayor Ed Honea
ATTEST:
el .Bronson, Town Clerk
APPROVED AS TO FORM:
,!Frank Cassidy, Town Atto y
GOVERNOR'S OFFICE OF STATE OF ARIZONA
HIGHWAY SAFETY
HIGHWAY SAFETY CONTRACT
This page, the Project Director's Manual, and the Schedules A, B, and C, attached hereto and incorporated
herein by reference, constitute the entire contract between the parties hereto unless deviation is authorized
in writin b the Governor's Hi hwa Safet Re resentative.
PART I. CFDA #20.614
.1. APPLICANT AGENCY GOBS CONTRACT NUMBER
Marana Police De artment 2009-NG-022
ADDRESS PROGRAM AREA 406=CIOT
11555 West Civic Center Drive, Marana, AZ 85653 TASK 22
2. GOVERNMENTAL UNIT 2A. STATUTORY
Town of Marana AUTHORITY
ARS 9-281; 9-499.0 I .
ADDRESS 3. PROJECT TITLE
11555 West Civic Center Drive, Marana, AZ 85653 CIOT -- Next Generation -
4. GUIDELINES Pima County
406 - CIOT Next Generation Demonstration Grant
5. BRIEFLY STATE PURPOSE OF PROJECT:
The purpose of this•effort is to implement a demonstration project in Maricopa and Pima Counties
to test the effects of conducting multiple, interim Click It or Ticket Next Generation mobilization
periods. The goal is to sustain and increase the seat belt usage rates in Maricopa and Pima
Counties. The overtime identified in this contract is to be used for enforcement conducted in Pima
Count onl .
6. BUDGET
Project Period
COST CATEGORY FY2009/2010
I. Personnel Services $7,1 i 0.00
II. Employee Related Expenses $1,890.00
III. Professional and Outside Services .00
IV. Travelln-State ~ .00.
V. TravelOut-of--State .00
VI. Materials and Supplies .00
VII. Other Expenses .00
VIII. Capital Outlay .00
TOTAL ESTIMATED COSTS $9,000.00
PLANNED PROJECT PERIOD FROM: 07-01-09 TO: 10-02-10
CURRENT GRANT PERIOD FROM: Authorization to Proceed Date TO: 10-02-10
TOTAL FEDERAL FUNDS OBLIGATED THIS FY: $9,000.00
A political subdivision or State agency governed by a board or commission must provide a certified
resolution or ordinance authorizin ent~ into this contract.
f ~~ ~~d 1- d~S ~~Z
~~ _ {.: ~.
SCHEDULE A
Marano Police Department SCOPE OF WORK Contract Number 2UQ9-NG-022
PROBLEM:
The summary of the 2004 through 2008 Arizona Seat Belt Use Survey results are presented in the
following table:
All Drivers Seat Belt Use 95.12% 94.42% 79.4% $2.5% 81.4%
Front Seat Occupants
Seat Belt Use 85.28% 94.22% 76.4% 80.9% 79.9%
Children Safety Restraint
Use 97.57% 96.66% 88.4% 86.2% 80.1
Motorcycles Helmet Use 35.93% 57.52% 59.0% 74.6% 67.3%
Cell Phone Use* * * - - - 14.6% 8.1
*Post "Click it or Ticket" Survey -Source: CSI Santa Rita Research Center
* *Post "Click ii or Ticket" Survey -Source: Behavioral Research Center
* *' 2007 Survey is the #arst one that included cell phone use.
Seat belts, when properly used, are 45 percent effective in preventing deaths in potentially fatal
crashes and 50 percent effective in preventing serious injuries. No other safety device has as
much potential for immediately preventing deaths and injuries in motor vehicle crashes.
There are several barriers that must be overcome to make this occupant protection enforcement
program successful:
1. Arizona presently has a secondary seat belt use law.
2. Arizona needs to continue to develop and expand a highly visible Occupant Protection
Enforcement Program.
3. Funding directed towards occupant protection is just beginning to significantly impact the
enforcement level of occupant protection laws.
4. There is a deficiency of language- and cultural-specific public information and education
materials targeting the Spanish speaking population.
5. Key community leaders are generally unaware of the life saving benefit of occupant
protection enforcement and restraint use.
OBJECTIVE:
The purpose of this effort is to implement a demonstration project in Maricopa and Pima
Counties to test the effects of conducting multiple, interim Click It or 7Ycket Next Generation
2a
SCHEDULE A
Marana Police Department SCOPE OF WORK Contract Number 2009-NG-022
mobilization periods. The goal is to sustain and increase the seat belt usage rates in Maricopa
and Pima Counties.
METHOD OF PROCEDURE:
1. The Marano Police Department, in Pima County, will participate in three (3), one {1) week
Iong enforcement waves. When conducting the enforcement waves, agencies are encouraged
to conduct these sporadically throughout the enforcement week and schedule when traffic
violations are most prolific. For example:
The enforcement campaign will occur immediately following one (1) week of public information
and education activities. The schedule is listed in the table below.
2. When Conducting Enforcement Waves:
• Maintain a high profile when enforcing vehicle occupant protection laws during
all traffic stops.
• Make your efforts visible.
• Use signs or message signlight bars to announce enforcement.
• Invite the media.
3. The National Highway Traffic Safety Administration {NHTSA) will hire a contractor to
conduct pre-wave and post-wave usage observation surveys to determine seat belt usage. Do
not utilize funds from this. contract to support overtime activities dedicated to conducting
surveys.
2b
MEDIA AND ENFORCEMENT WAVE SCHEDULE
SCHEDULE A
Marana Police Department SCOPE OF WORK Contract Number 2049-NG-022
- Communicate the Program's Goals with Local Media
Contact your local media and advise them of the upcoming enforcement period.
Invite the media on ride-alongs or to visit a checkpoint during the enforcement
waves. Use a combination of educational materials, press releases, and/or news
articles to stress enforcement of the occupant protection laws. The goal is to alert
the public that an enforcement blitz will be taking place.
- Complete Wave Summary Report
The Wave Summary Report is completed to document the activities generated in
your community during the wave period. The Report will include the following
information:
~ The number of citations issued for seat belt violations, child safety seat violations,
moving violations and non-moving violations.
~ The number and description of press releases, press events and media stories
generated by the Marana Police Department at the community level.
~ The number and description of activities involving networking and coalition
building related to seat belts and child safety seats by the Marana Police
Department at the community level.
Without this important data, ~ the efforts of your department cannot be recognized or measured
and will result in the Marana Police Department not being reimbursed far the overtime worked.
It is also agreed and understood that performance standards for law enforcement personnel is to
make a, sufficient number ofself-initiated contacts per overtime shift to justify the overtime. This
enforcement activity is intended to apprehend errant drivers. It is expected that a citation(s) or
documented traffic stops will be completed. It is understood that violator contacts will result in
related, time-consuming activity. This includes traffic-related arrests. Such activity qualifies for
reimbursement. Activity other than that initiated through emphasis patrol contact (investigating
crashes, emergency responses, etc.) will be the responsibility of the contracting Marana Police
Department and may nat be considered far reimbursement.
Sworn personnel are expected to issue citations for seat belt anrd child safety seat violations
during these enforcement programs.
2c
SCHEDULE A
Marano Police Department SCOPE OF WORK Contract Number 2009-NG-022
It is' imperative that the officers participating in this program and who are receiving overtime pay
funded through a contract from GOHS, document all enforcement activity. The GOHS Project
Coordinator assigned to this contract will conduct audits to ensure that the level of enforcement
is equal to the level of overtime worked, Each RCI that is submitted will include copies o
recaps/worksheets for each individual who works the overtime. The recaps/worksheets will
include the officer's/deputy's name and all activity for the overtime time period. This will
include, but not be limited to documenting each traffic stop, arrest, citation, impound, warrant,
PRESS RELEASE
Agencies are required to develop and distribute a press release announcing this grant award. A
copy of this press release will be sent via email to the GOHS Director (a~utier~a~azgohs.gov) and
GOHS Project Coordinator (clerma@azgohs.gov) at the same time it is sent to the media. This
press release will include the objective and specify that the funding is from the Governor's Off ce
of Highway Safety.
PURSUIT POLICY
All law enforcement agencies receiving federal funds are encouraged to follow the guidelines
established far vehicular pwsuits issued by the International Association of Chiefs of Police that
are currently in effect.
PROJECT/CONTRACT EXTENSION
Contracts will be effective through 02 October 20.10. This is a demonstration grant which is not
subject to extensions.
LIMITED ENGLISH PROFICIENCY ,(LEP) EXECUTIVE ORDER 13166
The certifying applicant will take reasonable steps to ensure meaningful access by persons with
limited English proficiency to the information and services provided through federal financial
assistance. Additional information on the "Improving Access to Services for Persons with
Limited English Proficiency" is available at www.len.gov.
PROJECT EVALUATION:
This project will have an impact evaluation to ensure that the objectives have been met; therefore
it is necessary that all reporting requirements be met. The Wave Summary Report requirement is
part of the "Method of Procedure" in this Contract.
It is imperative that the Wave Summary Report be FAXED to the Governor's Office of
Highway Safety [(602) 255-1265] ON TIME according to the schedule below.
2d
SCHEDULE A
Marana Police Department SCOPE OF WORK Contract Number 2009-NG-022
REPORT SCHEDULE
Following the faxing of the Wave Summary Report, the hard copy will be mailed to GOHS.
News articles and any unique stories or survival incidents experienced by your officers should be
included in the mailing.
At select times during the project pei7od, specific information may be requested by State and
Federal officials. The information requested may include, but not be limited to:
- Status of fiscal expenditures
- Specific problem areas encountered and solutions identified (if applicable)
- Public information and education activities
- Electronic and printed media activities (include newspaper clippings}
- Presentations: local schools, clubs, fairs, etc.
- Multi agency task force activities
The Project Director will submit a Final Statement of Accomplishment at completion of the
contract to include alI financial, performance, and other reports as required by 1 November 2x10.
Note: Failure to comply with the reporting requirements may result in withholding of federal
funds or termination of the contract.
PROFESSIONAL AND TECHNICAL PERSONNEL:
Terry Tometich, Chief of Police, Marana Police Department, will serve as Project Director.
John Destesano, Sergeant, Marana Police Department, will serve as Project Administrator.
Officer Cecilia Lerma, Ai7zona Occupant Protection Coordinator, Governor's Office of Highway
Safety,. will serve as Project Coordinator.
REPORT OF COSTS INCURRED (RCI):
2e
SCHEDULE A
Maraca Police Department SCOPE OF WORK Contract Number 2009-NG-022
The Project Director will submit a Report of Costs Incurred (RCI) farm, with supporting payroll
documentation attached within thirty {30) days of each enforcement period to the Governor's
Off ce of Highway Safety.
Failw~e to meet this requirement maybe cause to terminate the project under Schedule C, II B.
The 10 percent retention, Schedule C, IIA, is waived.
PROJECT MONITORING:
Representatives of the Governor's Office of Highway Safety may monitor the project either
on-site or by telephone during the life of the contract.
FORMS ATTACHED:
Enforcement Report forms. These forms are available in Microsoft Word format. if you would
like them emailed, please make a request to clerma@azgohs.gov. .
2f
SCHEDULE B
Marana Police Department BUDGET Contract Number 2009-NG-022
ESTIMATED COSTS:
I. Personnel Services
Occupant Frotection Enforcement Waves
09-26-09 to 10-02-09
02-27-10 to 03-05-14
09-25.10 to 10-01-10
II. Employee Related Expenses
09-26-09 to 10-02-09
02-27-10 to 03-05-10
09-25-10 to 10-01-10
III. Professional and Outside Services
IV. Travel In-State
V. TravelOut-of--State
VI. Materials and Supplies
VII. Other Expenses
VIII. Capital Outlay
TOTAL ESTIMATED COSTS
$7,110.00
2,370.00
2,370.00
2,370.00
630.00
630.00
630.00
1,890.00
.00
.oa
.00
.00
.00
$9,OOOAO*
*This is the maximum amount to be reimbursed. It is agreed and understood that the Marana
Police Department will absorb expenditures in excess of $9,000.04.
3
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
ENFORCEMENT WAVE REPORT
Marana Police_ Department
Daily Citation Activity During Event Week:
CIOT Next Generation 9-26-09 to 10-02-49
Day 1
CPS (ARS §28-907} SB (ARS §28-909,A1,A2}
Moving Citations Other
Day 2
CPS (ARS §28.907} SB (ARS §28-909,A1,A2)
Moving Citations ~ .Other
Day 3
CPS (ARS §28-907. .SB (ARS §28-909,A1,A2)
Moving Citations Other
Day 4
CPS (ARS §28-907) SB (ARS §28-909,A1,A2)
Moving Citations Other
Day 5
CPS (ARS §28-907) SB {ARS §28-909,A1,A2)~
Moving Citations Other
Day 6
CPS (ARS §28-907) SB {ARS §28-909;A1,A2}
Moving Citations Other
Day 7
CPS (ARS §28-907) SB (ARS §28-909,A3,A2)
Moving Citations Other
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
ENFORCEMENT WAVE REPORT
Marana Police Department
Daily Citation Activity During Event Week:
CIOT Next Generation 02-27-10 to 03-OS-10
Day 1
CPS {ARS §28-907) SB (ARS §28-909,A1,A2)
Moving Citations Other
Day 2
CPS {ARS §28-907) SB (ARS §28-909,AI,A2)
Moving Citations Other
Day s
CPS {ARS §28-907 SB {ARS §28-909,AI,A2)
Moving Citations Other
Day 4
CPS (ARS §28-907) SB (ARS §28-909,A1,A2}
Moving Citations Other
Day 5
CPS (ARS §28-907) SB (ARS §28-909,A1,A2)
Moving Citations Other
-Day 6 -
CPS {ARS §28-907) SB (ARS §28-909,A1,A2)
Moving Citations Other
Day 7
CPS (ARS §28-907) S$ (ARS §28-909,A1,A2)
Moving Citations Other
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
ENFORCEMENT WAVE REPORT
Marana Police Department
Daily Citation Activity During Event Week:
CIOT Next Generation 09-25-10 to 10-01-10
Day 1
CPS (ARS §28-907) SB (ARS §28-909,A1,A2)
Moving Citations Other
Day 2
CPS (ARS §28-907) SB (ARS §28-909,A1,A2) "
Moving Citations Other
Day 3
CPS (ARS §28-907 SB (ARS §28-909,A1,A2)
Moving Citations Other
Day a
CPS (ARS §28-907) 5B (ARS §28-909,A1,A2)
Moving Citations Other
Day 5
CPS (ARS §28-907) SB (ARS §28-909,A1,A2)
Moving Citations Other
Day 6
. CPS (ARS §28-907) SB {ARS §28-909,A 1,A2)
Moving Citations Other
Day ?
CPS (ARS §28-907) SB (ARS §28-909,A1,A2)
Moving Citations Other
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
ENFORCEMENT WAVE REPORT
Summary - CIOT Next Generation -Pima County
09-26-09 to 1.0-02~-09
Agency: Date:
Offcer•: Phone:
1. Citation Activity During Event Week
CPS (ARS §28-9Q7} SB (ARS §28-909,A1,A2)
DUI Arrests Safety Belt
Citations Child Safety
Citations Felony
Arrests Recovered
Stolen Vehicles Fugitives
A rehended
Suspended
Licenses Uninsured
Motorists
S eedin Reckless
Drivin
Dru Arrests Other
s eci
2. Press & Media Events, Interviews, & Other Public Information Activity
(List each activity briefly and attach print material if available.}
Date Aetivi
3. Networking and Coalition Building Activity
(List each activity briefly and attach print ma#erial if available.}
Date Aetivi
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
ENFORCEMENT WAVE REPORT
Summary - CIOT Next Generation -Pima County
02-27-10 to 03-OS-10
Agency:
Date:
Officer: Phone:
1. Citation Activity During Event Week
CPS (ARS §28-907) SB (ARS §28-909,A1,A2)
DUI Arrests Safety Belt
Citations Child Safety
Citations Felony
Arrests Recovered
Stolen Vehicles Fugitives
A rehended
Suspended
Licenses Uninsured
Motorists
S eedin Reckicss
Drivin
Dru Arrests Other
s ecif
2. Press & Media Events, Interviews, & Other Public Information Activity
{List each activity briefly and attach print material if available.)
Date Activi
3. Networking and Coalition Building Activity
{List each activity briefly and attach print material if available.)
Date Activi
ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY
ENFORCEMENT WAVE REPORT
Summary - CIOT Next Generation -Pima County
09-25-10 to 10-01-10
Agency: Date:
Officer:
1. Citation Activity During Event Week
Phone:
CPS (ARS §28-907) SB (ARS §28-909,A1,A2)
DUI Arrests Safety Belt
Citations Child Safety
Citations .Felony
Arrests Recovered
Stolen Vehicles Fugitives
A rehended
Suspended
Licenses Uninsured
Motorists
S eedin Reckless
Driv'
Dru Arrests Other
sec'
2. Press & Media Events, Interviews, & Other Public Information Activity
(List each activity briefly and attach print material if available.)
Date Activi
3. Networking and Coalition Building Activity
(List each activity briefly and attach print material if available.)
Date .Activi
CONTRACT NUMBER 2009•NG-022
HIGHWAY SAFETY CONTRACT
SCHEDULE C
TABLE OF CONTENTS
I. Project Monitoring, Reports, and Inspections ........................................................................ 6
II. Reimbursement of Eligible Expenses ..................................................................................... 6
III. Property Agreement ...............................................................................................................:... 7
IV. Travel .....................................................
. 7
......................................
..............................................
V. Standard of Performance ...........................:.............................................................................. 7
VI. Hold Harmless Agreement ....................................... ................
.
.
........
. 8
,
.
.
.................................
VII. Non-Assignment and Sub-Confracts ....................................................................................... 8
Vlll. Work Products and Tlfie to Commodities and Equipment ..................................................... 8
IX. Copyrights and Patents ............................................................................................................ 8
X. Common Rule and OMB Circular No. A•102 (Revised) ........................................................... 8
Xl. Egtaa! Opportunity ..................................................................................................................... 9
XII. Executive Order 99-4 .........................................................
..
.
. 9
..
.
.
................................................
XIII. Application of Hatch Act ........................................................................................................... 10
XIV. Minority Business Enterprises Policy and Obligation ...:....................................................... 10
XV. Arbitration Clause, ARS §12.1518 ............................................................................................ 10
XVI. Inspection and Audif, ARS §35.214 ................:.............................................
........ ...............
10
XVII. Appropriation of Funds by Congress ...................................................................................... 10
XVIII. Continuation of Highway Safety Program ............................................................................... 10
XIX. .Termination and Abandonment ................................................................................................ 11
XX. Cahceilation Statute
. 11
.............................................................................................
....................
4
HiGWWAY SAFETY CONTRACT
SCHEDULE C
TABLE OF CONTENTS
_ ~ - (continued)
Reimbursement lnstructions ..........................................................................................
..... 12
.
.......................
Agreement of Understanding & Certification of Compliance ................................................................... 13
Acceptance of Candition .......................................................................................................... 93
Certificate of Compliance ......................................................................................................... 13
Certification of Nan-Duplication of
Grant Funds Expenditure .......................................................................................................... 13
Single Audit Act ............................................................................................. 93
............................
Lobbying Restrtctions ............................................................................................................... 13
Authority and Funds ..................... 15
............................................................................................
...................
5
CONTRACT NUMBER 2009•NG•022
SCHEDULE C
This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor's
Offce of Highway Safety {GOHS) hereinafter referred #o as "STATE",and the agency named in this Contract, hereinafter
referred to as "AGENCY".
WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§409-444), provides Federal funds to
STATE for approved highway safety projects; and
WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments,
or political subdivisions upon application and approval by STATE and the United States Department of Transportation
{USDOT); and
WHEREAS, AGENCY must comply with the requirements lisfed herein #a be eligible for Federal funds for approved
highway safety projects; and
WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE
CONSIDERATION, it is mutually agreed thatAGENCY will strictly comply with the following terms and conditions and the
following Federal and State Statutes, Rules, and Regulations:
i. .Project Monitoring, Deports, and Inspections
A. AGENCY agrees to fully cooperate with representatives ofSTATE monitaringthe project, either on-site or
by telephone, during the life of the Contract.
B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in
the form and manner prescribed by STATE. Notice of the specifc requirements for each report will be given
in this Contract or of any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary
mail at the address Fisted on the Contract, Failure to comply with Quarterly Report requirements may result
in withholding of Federal funds or termination of this Contract.
C. AGENCY will submit a Final ReportlStatement of Accomplishment at completion of the Contract to include
all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30)
days of the completion of the Contract.
D. Representatives authorized bySTATE and the National Highway Traffic SafetyAdministration (NHTSA}will
have the right to visit the site and inspect the work under this Gontract whenever such representatives may
determine such inspection is necessary.
il. Reimbursement of Eligible Expenses
A. Ten percent (10%) of the claim amount can be maintained by STATE until satisfactory conclusion of the
Contract.
6
B. AGENCY`S Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCl) to
STATE each time there have been funds expended for which reimbursement is being requested. Failure to
meet this requirement may be cause to terminate the project under section XIX herein, "Termination and
Abandonment".
C. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have
been claimed and reimbursement received, as may have been determined by a State or Federal audit.
D. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for
prior installments which have been subsequently determined to be ineligible or unauthorized.
Ill. Property Agreement
A. AGENCY wiq immediately nofify STATE if any equipment purchased underfhis Contract ceases to be used
in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to
the project cost or to another active highway safety project for the residual value of such equipment in an
amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by
STATE.
B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of
STATE, or unless otherwise provided elsewhere in this Contract.
C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this
Contract.
D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records.
E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self-
insurance meets the requirements of this section.
IV. Travel
!n-State and but-of-State Travel
In-state and out-of--state travelclaims will be reimbursed at rates provided by AGENCY'S regulations, provided
that such regulations are as restrictive as those of STATE. Where They are less restrictive, ARS §38-624 and
any checklist attached to Schedule 13 will apply.
All out-of-state travel must be approved in writing in advance by STATE.
V. Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor,
materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to
this Contract.
Vl. Hotd Harmless Agreement
Neither party to this agreement agrees to indemnify fhe other party or hold harmless the other party from
liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a
right to contribution to any party to this agreement then the right to pursue one or both of these remedies is
preserved.
Vli. Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be sub-contrac#ed unless
speci8cal{y agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated
by other than AGENCY unless agreed to in writing by STATE.
VIII. Work Products and Title to Commodities and Equipment
A. The work product and results. of the project are the property of STATE, unless otherwise specified
elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the like,
which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for
elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of
this project upon request of STATE. The work product and results of the project wilt be furnished to STATE
upon request, if no provision is otherwise made by this Contract.
B. The provisions of subparagraph A apply whether or not fhe project contracted for Herein is completed.
IX. Copyrights and Patents
Any copyrightable materials, patentable discovery, or invention produced in the course of this project maybe
claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to
obtain such copyright or patent, AGENCY may do so, buYin any event, provision will be made by AGENCY for
royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Govemment
and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions
in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the
use of such copyrights or patents as may be deemed in fhe best interest of STATE in the event AGENCY is
allowed to obtain a copyright or patent.
X. "Common Rule" and OMB Circular No. A-102 (Revised)
"Common Rule" (4g CFR. Part 181: Uniform Adminisfrafive Requirements for Grants and Cooperative
Agreements to State and Loca! Govemmenfs
OMB Circular No. A-102 (Revised): Grants and Cooperative Agreemenfs with Sfafe and Local Govemmenfs
8
The application of USDOT "Common Rule" and Circular A-102 requires that:
AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local
laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent
purchasing requirement at each level must be met.
The Arizona Procurement Code {ARS, §41-2501, et. seq.} and promulgated rules {A.A.C. Tifie 2, Chapter?}are
a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply with these requirements for
any procurement using grant monies from this Contract.
XI. Equal Opportunity
A. Pursuant #o the~requirements of the Federal-Aid Highway Act of 19fi8 {U.S.C. §103 et. seq.), AGENCY, as
a condition to receiving approval of this Contract submifted under the Highway Safety Act of 1966, as
amended, hereby gives its assurance that employment in connection with the subject Highway Safety
Project will be provided without regard to race, color, creed, sex, or na#ional origin, and that any contract it
enters into with any private agency pursuant hereto will include provisions in compliance with this
paragraph (Xl).
As a condition of receiving approval of this Contract, AGENCY will be subject to and will comply with Title
VI of the Civil Rights Act of 1964 and all applicable requirements of the Department of Commerce
regulations as adopted by the USDOT, providing that no person in the United Skates shall on the ground of
race, color, creed, sex, or national origin be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under the subject Highway Sa#ety Project.
8. if AGENCY fails or refuses to comply with its undertaking asset forth in these provisions, STATE or the
USDOT may take any or all of the following actions.
1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other arrangementwith
respect to which the failure or refusal occurred; and
2. Refrain from extending any further Federal financial assistance to AGENCY under the Highway Safety
Program with respect to which the failure or refusal occurred until satisfactory assurance of future
compliance has been received from AGENCY.
C. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794}, AGENCY
must operate this Highway Safety Project so that it is accessible and otherwise non-discriminatory to
handicapped persons.
XII. Executive Order 98-4
It is mutually agreed that AGENCY will comply with the terms and conditions of Execu#ive Order 99-4, Non-
Diseriminafion in Employment byGovemment Confracfors and Subcontractors. Executive Order 99-4 is located
in Part II of the Project Director's Manual.
9
XIII. Applicafion of Hatch Act
AGENCY will notify all of its employees whose principal employment is in connection with any highway safely
project, financed in whole or in part by loans or grants under the Highway Safety Act of 1966, as amended, of
the provisions of the Hatch Act (5 U.S.C. §7321 et. seq.j.
XIV. Minority Business Enterprises {MBEj Policy and Obligation
A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR, Part 23, will
have the maximum opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Contract. Consequently, the minority business enterprises requirements of
49 CFR, Part 23 apply to this Contract.
B. Oblgation: The recipient or its contractor agrees to ensure that minority business enterprises as def+ned in
49 CFR, Part 23 have the subcontracts financed in whole ar in part with Federal funds provided under this .
Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in
accordance with 49 CFR, Part 23 to ensure that minority business en#erprises have the maximum
opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on
the basis of race, color, creed, sex, or national origin in the award and performance of USDOT-assigned
contracts.
XV. Arbitration Clause, ARS §12-1518
Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative
reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply.
XVI. inspection and Audit, ARS §35.21a
Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract will be
subject at all reasonable times to inspection and audit by STATE far five {5j years offer completion of this
Contract. The records will be produced at the Governor's Office of Highway Safety.
XVII. Appropriation of Funds by U.S. Congress
It is agreed fhat in no event will this Contract be binding an any party hereto unless and until such time as funds
are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein
and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the
U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this
Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated
to fhis project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion
of the Contract or project that may so become null and void.
XVIIl. Continuation of Highway Safety Program
It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal
funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by
AGENCY of the program's impact on highway safety.
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XIX. Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except
that STATE reserves the right, at its discretion, to terminate or abandon any portion of the projectforwhich
services have not been already performed by AGENCY.
8. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify
AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY wiH discontinue
advancing the work under this Contract and proceed to close said operations under the Contract.
C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall
be made by STATE on a basis equi#able to STATE and AGENCY and a final reimbursement made to
AGENCY on the basis of costs incurred. Upon #erminafion or abandonment, AGENCY will deliver to STATE
all documents, completely or partially completed, together with all unused materials supplied by STATE.
U. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided
there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that
casts can be incurred against the project up to and including sixty (60) days after notice is given to STATE.
E. Any equipment or commodities which have been purchased as a part of this Contract and which have not
been consumed or reached the end of its useful life wiq be refurned to STATE upon its written request.
XX. Cancellation Statute
Ail parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38-511, the
provisions of which are stated below.
In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any
person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf affhe
STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any
extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a
consultant to any other party of the Contract with respect to the subject matter or the Contract.
1'he cancellation shall be effective when written notice from the Governor or chief executive officer or governing
body of.thepolitical subdivision is received by all other parties to the Contract unless the notice specifies a later
time.
I1
REfMBURSEMEN'C INSTRUCTIONS
1. Agency Official authorized by Project Director to certify and sign Reports of Costs
Incurred (RCis):
Name:
Title:
Telephone Number:
E-mail Address:
2. Agency's Flscai Contact:
Name:
Title:
fax Number:
3.
Telephone Number:
E-mail Address:
Federal Identification Number:
REIMBURSEMENT INFORMATION:
WarrantlCheck to be made payable to:
WarrantlCheck to be mailed fo:
(Agency}
{Address}
(City, State, Zip Code)
Fax Number:
12
AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject the
Highway Safety Act of 1966, as amended {23 U.S.C.A. §§401-404}, ARS §28-602, and all administrative
regulations governing grants established by the USDOT and STATE. I# is expressly agreed that this Highway
Safety Project constitutes an official part of the STATE's Highway Safety Program and thatAGENCY will meet
the requirements as set forth in Schedules A, B, and C and the accompanying Project Director's Manual, which
are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations,
and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed
that no work w111 be performed nor any obligation incurred until AGENCY is notified in writing that this project
has been approved by the Governor's Highway Safety Representative.
Certificate of Compliance
This is to certify that AGENCY will comply with all of the State and Federal Sta#utes, Rules and Regulations
identified in this Contract.
Certification of Non•Duplication of Grant Funds Expenditure
This is to certify that AGENCY has no ongoing nor completed projects under contract with. other Federal fund
sources which duplicate or overlap any work contemplated or described in this Contract. It is furthercertifced
that any pending or proposed request for other Federal grant funds which would duplicate or overlap work
described in the Contract will be revised to exclude any such duplication of grant fund expenditures. It is
understood that any such duplication of Federal funds expenditures subsequently determined by audit wilt be
subject to recovery by STATE.
Single Audit Act
If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of
1984, (31 U.S.C.A. §7501 et. seq.}, please forward a copy to GOHS, Attention: Fiscal Services Officer, within
thirty {30) days of the effective date of this Contract. If such audit has not bean performed, please advise
when it is being scheduled.
Lobbying Restrictions
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
13
l3. If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal
contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The undersigned will require that the language of this certification be included in the award documents for
all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, Loans, and
cooperative agreements} and that all sub-recipients will cerfify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31 USC §1352. Any person who fails to file the required certification will be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature of Project Director: Slgnafure ofAuthorized 4fflclal of
Governmental Unlt:
Chief Terry Tometich
Manna Police Department
Date Telephone
Gilbert Davidson, Manager
Town of Marana
~~~ ~a~,~a y !~
Dat Telephone
14
AUTHORITY & FUNDS
1. This Project is authorized by 23 U.S,C. §402, and regulations promulgated thereunder, more particularly Voiume
102, and if State funds are involved, this project is authorized by ARS §28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of
Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 406-CIOT, Task
22 as approved for by the National Highway Traffic Safety Administration.
A. EFFECTIVE DATE:
Aufhorizafion fo Proceed Dafe
3. AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier, Director
Governor's Office of Highway Safety
Governor's Highway Safety Representative
B. FEDERAL FUNDS:
q --2 -~~
Approval Dafe
1J