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Home My WebLink AboutResolution 2006-049 grant from GOHS for acquisition of two new motor units and related equipment MARANA RESOLUTION NO. 2006-49 RELATING TO THE POLICE DEPARTMENT; AUTHORIZING THE MARANA POLICE DEPARTMENT TO SUBMIT A GRANT APPLICATION TO THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE ACQUISITION OF TWO NEW MOTOR UNITS AND RELATED EQUIPMENT. WHEREAS, the Governor's Office of Highway Safety is seeking proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS, the Town of Marana, through the Police Department, is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona as follows: 1. Approval of the submission of projects for consideration in Arizona's 2006 Highway Safety Plan is granted. 2. Richard Vidaurri, Chief of Police, is the appointed agent for the Town of Marana, to conduct all negotiations and to execute and submit all documents and any other necessary or desirable instruments in connection with such grant. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of April, 2006. ,if ~ _ Mayor Ed Honea ATTEST: ..,\,'"rr"/~ ~' OF M..q ~ ~ ~~""''''''''',...~~ ~~~ 9~ ~ ::: ~S cORPORATE" ~ == C)C)O == ~ ~SEAL. - ~ ~ ,;: ~ ~ ~ s ~ .A ~III"I""'((\ ~ ~"'"lJiIZ '\~ ~ ~/llJil\\\~ f,J) ~ - '< JANET NAPOLITANO Governor RICHARD G. FIMBRES Director Governor's Highway Safety Representative May 30, 2006 PROJECT REFERENCE: Contract Number 2006-PT-023 Selective Traffic Enforcement Program Chief Richard Vidaurri Marana Police Department 11555 West Civic Center Drive, Building B Marana, AZ 85653 Dear Chief Vidaurri: Enclosed are the following documents: a) One (1) fully executed original of the above-referenced Contract b) Project Director's Manual c) Administrative Project Checklist d) Report of Costs Incurred (RCI) form (please make copies of RCI as necessary) Please have your Project Administrator and Fiscal staff review and become familiar with the reporting requirements outlined in this Contract. You are hereby authorized to proceed under the terms of this Highway Safety Contract, effective the "Authorization to Proceed Date" (i.e. the date of my signature on the last page of the Contract) with an obligation of $25,000.00 in Federal funds. Sincerely, ~ (--..., ~6~'Ol9? ichard G. Fimbres, Director Governor's Highway Safety Representative Enclosures RGF:tr 3030 North Central Avenue, Suite 1550, Phoenix, Arizona 85012 Telephone (602) 255-3216 310 South Williams Boulevard, Suite 315, Tucson, Arizona 85711 Telephone (520) 790-5124 Web site: www.azgohs.gov Fax (602) 255-1265 Fax (520) 790-5245 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA 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 writing by the Governor's Highway Safety Representative. PART I. CFDA #20.600 1. APPLICANT AGENCY GOHS CONTRACT NUMBER Marana Police Department 2006-PT -023 ADDRESS PROGRAM AREA 402-PT 11555 West Civic Center Drive, Buildinq B, Marana, AZ 85653 TASK 18 2. GOVERNMENTAL UNIT 2A. STATUTORY Town of Marana AUTHORITY ARS ~9-281; ~9-499.01 ADDRESS 3. PROJECT TITLE 11555 West Civic Center Drive, Hayden, AZ 85653-7007 Selective Traffic Enforcement 4. GUIDELINES Program PT - Police Traffic Services 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Capital Outlay (one (1) fully equipped police motorcycle and one (1) radar unit) to conduct Selective Traffic Enforcement Proqrams throughout the Town of Marana. 6. BUDGET Project Period COST CATEGORY FY2006 I. Personnel Services $.00 II. Employee Related Expenses .00 III. Professional and Outside Services .00 IV. Travel In-State .00 V. Travel Out-of-State .00 VI. Materials and Supplies .00 VII. Other Expenses .00 VIII. Capital Outlay 25,000.00 TOTAL ESTIMATED COSTS $25,000.00 PLANNED PROJECT PERIOD FROM: 02-01-06 TO: 09-30-06 CURRENT GRANT PERIOD FROM: Authorization to Proceed Date TO: 09-30-06 TOTAL FEDERAL FUNDS OBLIGATED THIS FY: $25,000.00 A political subdivision or State agency governed by a board or commission must provide a certified resolution or ordinance authorizinq entry into this contract. HIGHWAY SAFETY CONTRACT 1 Marana Police Department SCHEDULE A SCOPE OF WORK Contract Number 2006-PT-023 PROBLEM: The Town of Marana is in Pima County and located in the Northwest Tucson Metropolitan area. The incorporated area of the Town is almost 120 square miles. In 2000, the Arizona Department of Economic Security estimated the Town population at 15,185. In 2005 the Marana Chamber of Commerce estimated the population to be 25,000. The Town of Marana has a total of 266 miles of arterial roadway. The Town also has 18.2 miles of Interstate 10. Marana has several multi- lane roadways which serve as the main routes oftravel from State Route 77 to Interstate 10. The major traffic arteries of Marana have speed limits varying from 45 to 75 MPH. The traffic count of these roadways for a 24 hour two way volume, is 320,800 vehicles per day. The Marana Police Department needs to expand and enhance their existing Traffic Enforcement Program. Unfortunately, the Marana Police Department does not have the manpower or equipment to effectively target this problem. TRAFFIC DATA SUMMARY I;;ir~ "/r,"". ::<::.,::i" ':~;''"'',r.[,!:r';:;:i;r I,'t ',,: .......,,)..' Y';: ;', ~:.i"./ '";'11",,;.;:,';:, )'C."y;.,orir,AcY(;'i;" Alcohol-Related Fatalities 2 Alcohol-Related Injuries 9 Speed-Related Fatalities 0 Speed-Related In.iuries 40 Pedestrian Fatalities 1 Pedestrian In.iuries 4 Bicycle Fatalities 1 Bicycle Iniuries 1 Child Restraint Citations 28 Seat Belt Citations 105 Speed Citations 1,880 Aggressive Driver Citations 3 Red Light Runnin!!: Citations 99 DUI Alcohol Arrests - 21 and over 154 DUI-Dru!!: Arrests - 21 and over 16 DUI Alcohol Arrests - under 21 0 DUI-Dru!!: Arrests - under 21 0 Youth Alcohol Violations 55 under 21 - Title 4 Youth Alcohol Violations 21 and over - Title 4 3 2a [:f~O;~~d~;>\gO;, -, 1 2 o 22 1 9 o 2 26 197 723 3 43 119 11 2 1 48 1 ,.... <,. >: :( '/',' . '.;", o 8 o 43 o 1 o 3 19 132 846 o o 76 o Marana Police Department SCHEDULE A SCOPE OF WORK Contract Number 2006-PT-023 OBJECTIVE: Federal 402 funds will support Capital Outlay (one (1) fully equipped police motorcycle and one (1) radar unit) to conduct Selective Traffic Enforcement Programs throughout the Town of Marana. This project and equipment will be targeted at identifying and taking enforcement action on aggressive drivers, impaired drivers, occupant protection, speeding, and other highway safety related laws to reduce injuries and fatalities throughout the Town of Marana by five percent. METHOD OF PROCEDURE: The Marana Police Department will include the following activities as part of the enforcement operations: 1. To maximize effectiveness of the Marana Police Department-funded enforcement equipment, the Marana Police Department will determine enforcement activities by using one or a combination of the following: a) Citizen complaints b) Traffic crash data c) Holidays d) Community events 2. Conduct ongoing public information and education programs to promote traffic safety and driver awareness. The Governor's Office of Highway Safety has public information and education materials. These materials are available at no cost to individuals, highway safety advocate groups, or jurisdictions. Personnel of the Marana Police Department may distribute these materials at health fairs, community events, and enforcement activities, i.e., sobriety checkpoints. 3. Increase enforcement capabilities by purchasing one (1) fully equipped police motorcycle and one (1) radar unit. 4. Participate in multi agency task forces, specifically the Arizona DUI Task Forces. The Marana Police Department will also participate, as necessary, with the Arizona DUI Task Forces. The mission of these Task Forces is to "Unite Arizona communities to implement a coordinated public information and education campaign along with combined DUl enforcement activities with an emphasis on holidays throughout the year. " 2b Marana Police Department SCHEDULE A SCOPE OF WORK Contract Number 2006-PT -023 In addition, it is the responsibility of the Marana Police Department to report all holiday task force or individual agency enforcement statistics to GOHS using the Interactive Voice Response System at 888/713-3032 or on- line at the GOHS website no later than 1000 hours the mornine: followine: each day of the event. The holidays and special events include: Super Bowl Sunday, Valentine's Day, President's Day, St. Patrick's Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year's details. PLEASE NOTE: Failure to report statistics on time and correctly may result in reimbursements being denied. Errant drivers contribute to the growing problems of hazardous traffic conditions and criminal acts related to traffic. To adequately address these unique issues, a concentrated and dedicated enforcement and a public awareness campaign is mandatory. To successfully modify errant drivers, the law enforcement must develop a new strategy. This strategy must include intensive pro-active enforcement and public awareness campaigns. The Marana Police Department will carry out a comprehensive enforcement and public awareness program. This program will specifically target speed, DUI, seat belt, and child restraint violations. The Marana Police Department agrees that the key to a long-term solution to the problem of errant drivers is education. This program will actively participate in a public information and education campaign using both the electronic and printed media. This activity will include carrying out a comprehensive program of public service and awareness announcements that will detail the objectives of the program. The Marana Police Department will design these to heighten the awareness of the public to the hazards of excessive speed, aggressive driving, DUI, seat belt, and child restraint violations. It is the policy of this program that personnel will take an aggressive approach to the enforcement of traffic and criminal statutes relating to these violators. The goal of the officer will be to correct the offender's behavior in a way that will make a lasting impression. Standard enforcement approaches may not result in such permanent change. Therefore, strict "zero tolerance" enforcement will be the methodology during this program. IMP AIRED DRIVER ENFORCEMENT OVERTIME REQUIREMENTS Overtime funding through this contract is limited to officers and/or deputies that, at a minimum, are certified in Standardized Field Sobriety Testing (SFSTs). 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 to the GOHS Deputy Director 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 Office of Highway Safety. 2c Marana Police Department SCHEDULE A SCOPE OF WORK Contract Number 2006-PT-023 BAC TESTING AND REPORTING REQUIREMENTS Alcohol impairment is a major contributing factor in serious and fatal motor vehicle crashes. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Arizona is presently below average among the states in the Blood Alcohol (BAC) testing of fatally injured and surviving drivers involved in fatal motor vehicle crashes. Each law enforcement agency that receives an enforcement-related grant is required to ensure that this data is reported. Failure to comply may result in withholding funds and cancellation of the enforcement contract until this requirement is met. PURSUIT POLICY All law enforcement agencies receiving federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. EQUIPMENT: One (1) fully equipped police motorcycle One (1) radar unit Agencies receiving funding for Capital Outlay Equipment such as DUI Processing Vans, marked and unmarked enforcement sedans and marked enforcement motorcycles will schedule a press conference that includes the Director and/or Deputy Director of the Governor's Office of Highway Safety. The purpose of this press conference will be to present the equipment to the community. The Marana Police Department will immediately notify the GOHS if any equipment purchased under this contract ceases to be used in the manner described in this contract. In such event, the Marana Police Department 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 GOHS or to transfer or otherwise dispose of such equipment as directed by GOHS. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of GOHS. The Marana Police Department will maintain or cause to be maintained for its useful life, any equipment purchased under this contract. The Marana Police Department will incorporate any equipment purchased under this Contract into its inventory records. 2d Marana Police Department SCHEDULE A SCOPE OF WORK Contract Number 2006-PT -023 The Marana Police Department will insure any equipment purchased under this Contract for the duration of its useful life. Self-insurance meets this requirement. Administrative and Maintenance Costs: The Marana Police Department will be responsible for all administrative, maintenance, and operational costs relating to the one (1) fully equipped police motorcycle and one (1) radar unit. Decals: The Governor's Office of Highway Safety will supply the Marana Police Department with decals depicting the Governor's Office of Highway Safety logo. These decals will be affixed to the equipment before being placed in service. Equipment Purchase: The equipment purchased under this contract will be ordered, received, training completed, and placed in service within ninety (90) days after the Governor's Office of Highway Safety executes this contract. If this requirement cannot be met, an extension request signed by the Project Director must be submitted to the Governor's Office of Highway Safety Director / Governor's Highway Safety Representative within thirty (30) days after the Governor's Office of Highway Safety executes this contract. Failure to comply may result in cancellation of the contract. Insurance: It is agreed that the Marana Police Department will adequately insure all capital equipment purchased under this contract for repair or replacement. Major Equipment: The definition of "major" equipment is tangible, non-expendable property having a useful life of more than one (1) year and an acquisition cost of $5,000.00 or more per unit. The Marana Police Department will provide the Governor's Office of Highway Safety a picture of the one (1) fully equipped police motorcycle and one (1) radar unit. Documentation accompanying the picture will include the vehicle identification number and license plate number, and serial numbers of the one (1) fully equipped police motorcycle and one (1) radar unit. State Contract: Procurement may be made using an open state contract award. Documents submitted to substantiate purchase using an open state contract must bear the contract number. 2e Marana Police Department SCHEDULE A SCOPE OF WORK Contract Number 2006-PT -023 Requirements for Speed Detection Devices: The successful vendor must certify that the speed detection devices purchased are on the IACP Consumer Products List and must meet, or exceed, NHTSAlIACP model specifications. All officers using the speed detection devices purchased under this contract must successfully complete a National Highway Traffic Safety Administration (NHTSA) approved training course. The Marana Police Department will train a minimum of two (2) officers per unit or will provide documentation (copy of the training certificates) showing that the officers have already received the required training. Requirements for Police Package Motorcycle: Equipment included with the motorcycle, at a minimum, is emergency lights, siren, police radio, helmet with microphone, and speed detection device. METHOD OF PROCUREMENT: Procurement procedures will be in accordance with the Project Director's Manual and Schedule C, Section X. A clear audit trail must be established to determine costs charged against this contract. Substantiation of costs will, where possible, be made utilizing Marana Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Project Director will retain copies of all documentation in the project file. PROJECT EVALUATION: This project will be administratively evaluated to ensure that the objective has been met. The Project Director will submit a Quarterly Narrative Report to the Governor's Office of Highway Safety at the end of each calendar quarter during the grant period. These reports will reflect quarterly accomplishments, progress, and status of the project. At select times during the project period, specific information may be requested by State and Federal officials. The Project Director will be required to supply this information within a reasonable time period as set forth in a request. Note: Failure to comply with the quarterly report requirements may result in withholding of federal funds or termination of the contract. 2f Marana Police Department SCHEDULE A SCOPE OF WORK Contract Number 2006-PT-023 Report Schedule C)rdrl . Period ',.' Februar 1, 2006 to March 31, 2006 April 1, 2006 to June 30, 2006 DueDate .... . July 1, 2006 to September 30, 2006 A rillS, 2006 July 15, 2006 October 30, 2006 "Final Statement of Accomplishment" The Quarterly Narrative Report will include at a minimum: ~ Addressing "Objective" ~ Addressing "Method of Procedure" ~ Status of procurement process Date one (1) fully equipped police motorcycle and one (1) radar unit ordered, anticipated date of delivery, actual date of delivery, and in-service date information ~ 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, rotary, fairs, etc. ~ Photograph of capital outlay equipment ~ Multi agency task force activities Participation in speed details, sobriety checkpoints, saturation patrols, etc. ~ Completed Quarterly Report Summary Log Each officer participating in Selective Traffic Enforcement Programs and using the equipment will maintain a "Daily Enforcement Log." All of the logs will be combined on the "Quarterly Summary Log" and submitted with the narrative portion of each Quarterly Report. A copy of each log is attached. Note: The "Quarterly Summary Log" must be included with each Quarterly Report and Final Statement of Accomplishment. 29 Marana Police Department SCHEDULE A SCOPE OF WORK Contract Number 2006-PT-023 ~ A comparison of property damage, injury and fatal crash statistics for current reporting period to the previous year's crash statistics for the same time period. The Project Director will submit a Final Report / Final Statement of Accomplishment at completion of the contract to include all financial, performance, and other reports as required within thirty (30) days of the completion of the contract. PROFESSIONAL AND TECHNICAL PERSONNEL: Richard Vidaurri, Chief of Police, Marana Police Department, will serve as Project Director. Paul Ashcraft, Lieutenant, Marana Police Department, will serve as Project Administrator. Terry L. Rutan, Project Coordinator, Governor's Office of Highway Safety, will serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Project Director will submit a Report of Costs Incurred (RCI) with supporting documentation attached, to the Governor's Office of Highway Safety 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 Schedule C, lIB. 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, and/or lifespan of equipment. PROJECT/CONTRACT EXTENSION Contracts will be effective for a maximum of 12 months from the date they are executed (date GOHS Director signs contract). When necessary, a change order will be completed to extend the contract to meet this condition. Extension of contract beyond 12 months will only occur when circumstances beyond the grantee's or GOHS' control occur. Any unexpended funds will be released for re-programming. 2h SCHEDULE B BUDGET Contract Number 2006-PT -023 Marana Police Department ESTIMATED COSTS: I. II. III. IV. V. VI. VII. VIII. Personnel Services (overtime) Employee Related Expenses Professional and Outside Services Travel In-State Travel Out-of-State Materials and Supplies Other Expenses Capital Outlay $.00 .00 .00 .00 .00 .00 .00 25,000.00 One (1) fully equipped police motorcycle and one (1) radar unit TOT AL ESTIMATED COSTS *$25.000.00 *Includes all applicable training, tax, freight, and advertising costs. This is the maximum amount to be reimbursed. It is agreed and understood that the Marana Police Department will absorb expenditures in excess of $.00. 3 ~ o ~ E--- Z ~ ~ ~ u ~ o ~ z ~ > ~ i-'C -< ~ . ~ ~ > ~ ~ ..c .... = = ~ .... 1:1 I:I~ ~ ~ ~ (J ED; .=t..... ~~>~~ ~,. 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I I ~ .... .... l-C - U - - ... ... ~ ~ ~ ~ ~ ~ = = I I .... .... = = -= -= "0 "0 rIl rIl - - "0 "0 "0 "0 = = ~ ~ ~ ~ ~ ~ - - .... .... ~ ~ ~ ~ -~ -~ "0 "0 .... .... ~ ~ -~ -~ ~ ~ -= -= .... - - ~ ~ .... .... ~ ~ , -< -< IJ1 IJ1 =- =- = = U U IJ1 IJ1 IJ1 IJ1 ~ ~ M = "0 ~ rIl .... .. ~ ~ CONTRACT NUMBER 2006-PT.023 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.Contracts....................................................................................... 8 VIII. Work Products and Title to Commodities and Equipment .................................................... 8 IX. Copyrights and Patents ............................................................................................................ 8 X. Common Rule and OMB Circular No. A.102 (Revised) .......................................................... 8 XI. Equal 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 Audit, ARS ~35.214......................................................................................... 10 XVII. Appropriation of Funds by Congress...................................................................................... 10 XVIII. Continuation of Highway Safety Program............................................................................... 10 XIX. Termination and Abandonment ............................................................................................... 11 XX. Cancellation Statute.................................................................................................................. 11 4 HIGHWAY SAFETY CONTRACT SCHEDULE C TABLE OF CONTENTS (continued) Reimbursement Instructions...................................................................................................................... 12 Agreement of Understanding & Certification of Compliance .................................................................. 13 Acceptance of Condition .......................................................................................................... 13 Certificate of Compliance ......................................................................................................... 13 Certification of Non-Duplication of Grant Funds Expenditure ......................................................................................................... 13 Single Audit Act.............. ...................... .................. .................................. .............. ........ ...... ..... 13 Lobbying Restrictions. ........ ........... .......................... ...... ......... ........ ......... ........ ..... ............. ...... 13 Authority and Funds.................................................................................................................................... 15 5 CONTRACT NUMBER 2006-PT-023 SCHEDULE C This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor's Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Contract, hereinafter referred to as "AGENCY", WHEREAS, the National Highway Safety Act of 1966, as amended (USC, Title 23, Section 402), 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 listed herein to 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 that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the 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 specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed 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 Report/Statement 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 by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. 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 (RCI) 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. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this 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 In-State and Out-of-State Travel In-state and out-of-state travel claims 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 938-624 and any checklist attached to Schedule B 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, in a substantial and workmanlike manner and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE will have agreed to furnish in this Contract. 7 VI. Hold Harmless Agreement AGENCY will indemnify and hold harmless STATE and its officers and employees from all suits, actions, or claims of any character which may be brought against STATE on account of any loss or damage to property of or for injury to or death of any person, to the extent that such loss, damage, injury, or death is the result of any error, omission, or negligent act of AGENCY, arising out of or incident to the performance of this Contract, except for occurrences for which STATE has sole responsibility. VII. Non-Assignment and Sub-Contracts This Contract is not assignable nor may any portion of the work to be performed be sub-contracted unless specifically 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 herein authorized 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 herein authorized upon request of STATE. The work product and results of the project will be furnished or given to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents (USC, Title 23, Section 402) Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be 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, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government 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 tight to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. "Common Rule" and OMS Circular No. A-102 (Revised) "Common Rule" (49 CFR. Part 18): Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments OMB Circular No. A-102 (Revised): Grants and Cooperative Agreements with State and Local Governments 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, Title 41, Chapter 23) and the Arizona Procurement Code Rules and Regulations (ACRR, Title 2, Chapter 7) 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 to the requirements of Section 22 (a) of the Federal-Aid Highway Act of 1968, AGENCY, as a condition to receiving approval of this Contract submitted 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 national origin, and that any contract it enters into with any private agency pursuant hereto will include provisions in compliance with this paragraph (XI). As a condition to receiving approval of this Contract, AGENCY will be subject to and will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 52,42 USC, 2000d to 2000d-4), hereinafter referred to as the Act, and all applicable requirements pursuant to the regulations of the Department of Commerce (CFR, Title 15, Part 8) which have been adopted by the US DOT, hereinafter referred to as the Regulations, to the end that, in accordance with the Act and the Regulations, no person in the United States 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 Safety Project. B. If AGENCY fails or refuses to comply with its undertaking as set 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 arrangement with 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, AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non-discriminatory to handicapped persons. XII. Executive Order 99.4 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 99-4, Non- Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 99-4 is located in Part II of the Project Director's Manual. 9 XIII. Application of Hatch Act AGENCY will notify all of its employees whose principal employment is in connection with any highway safety project, financed in whole or in part by loans or grants under the Highway Safety Act of 1966, as amended, of the provision of Section 12 (a) of the Hatch Act (5 USC 118K (a). XIV. Minority Business Enterprises (MBE) 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. Obliqation: The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR, Part 23 have the subcontracts financed in whole or 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 enterprises 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 ~35.214 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 for five (5) years after 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 that in no event will this Contract be binding on 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 this 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. XVIII. 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. 10 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 project for which services have not been already performed by AGENCY. B. 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 will 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 equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STA TE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs 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 will be returned to STATE upon its written request. XX. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation by the Governor pursuant to ARS 938-511, the provisions of which are stated below. In accordance with ARS 938-511, 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 of STATE or any of its departments or agencies, is, at any time while the Contractor any extension ofthe 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. The cancellation shall be effective when written notice from the Governor is received by all other parties to the Contract unless the notice specifies a later time. 11 REIMBURSEMENT INSTRUCTIONS 1. Agency Official authorized by Project Director to certify and sign Reports of Costs Incurred (RCls): Name: Richard Vidaurri Title: Chief of Police Telephone Number: 520-382-2000 Fax Number: 520-382-2001 E-mail Address:rvidaurri@marana.com 2. Agency's Fiscal Contact: Name: Roy Cuaron Title: Fin a n c e D ire c tor Telephone Number: 520-382-1999 Fax Number: 520-382 -190 1 E-mail Address:rcuaron@marana.com Federal Identification Number: 86 - 0331 775 3. REIMBURSEMENT INFORM A TION: WarranUCheck to be made payable to: Town of Marana WarranUCheck to be mailed to: Town of Marana (Agency) 11555 W. Civic Center Drive (Address) Marana AZ (City, State, Zip Code) 85653 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 to Public Law 89-464 (Highway Safety Act of 1966, as amended) ARS 928-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY 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 will 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 Statutes, 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 further certified 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 will 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, P.L. 98-502, 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 been 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 B. 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 certify 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 USC, Title 31, Section 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 $100,000 for each such failure. Signature of Project Director: Signature of Authorized Official of Governmental Unit: Richard Vidaurri Chief of Police #$ O1IJ'.7~z.~~~. Telephone Mike Reuwsaat Town Manager Town of Marana. ~. 1/WlQv1 , t:?.rp-l#~ Date ~-d-"l- l.Db Date Telephone 14 AUTHORITY & FUNDS 1. This Project is authorized by 23 USC, Title 402, Chapter 4, and regulations promulgated thereunder, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS 928-602. 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 402-PT, Task 18 as provided for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $25.000.00 C. SOURCES OF FUNDS: 1) Federal 90.49% $25,000.00 2) State 9.51% 2,627.00 3) Political Subdivision .00% .00 4) Other .00% .00 Total 402 Project Funds 100.00% $27,627.00 D. SPECIFY HOW NON.FEDERAL SHARE WILL BE PROVIDED: Soft Match Limit to be applied from the "Matching Requirement" identified in the 2006 Highway Safety Plan. Match Limit: $2,627.00. 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency ~ ~ ~/j~~~ R hard G. Fimbres, Director Governor's Office of Highway Safety Governor's Highway Safety Representative ~'~'i.Jw, Approval Date 15