HomeMy WebLinkAboutResolution 2011-020 application for grant funding for DUI task force MARANA RESOLUTION NO. 2011-20
RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE TOWN MANAGER
TO APPLY FOR GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY
SAFETY UNDER THE HIGHWAY SAFETY PROGRAM (23 U.S.C. SECTION 402) TO
SUPPORT THE MARANA POLICE DEPARTMENT'S PURCHASE OF NEW
MOTORCYCLE UNITS AND PARTICIPATION ON THE SOUTHERN ARIZONA DUI
TASK FORCE
WHEREAS the Governor's Office of Highway Safety (GOHS) is seeking proposals from
state and local agencies for projects relating to all aspects of highway safety; and
WHEREAS the Town of Marana is interested in submitting projects to be considered for
funding in the form of reimbursable grants from the National Highway Traffic Safety
Administration; 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 increase enforcement to reduce
excessive speeding and the number of impaired drivers on Arizona roadways; and
WHEREAS grant funding will allow the Marana Police Department to support the
purchase of motorcycle units and overtime pay for police officers participating in the Southern
Arizona DUI Task Force deployments.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Town Manager is authorized to submit grant
applications and execute all documents related to GOHS funding for the Marana Police
Department during fiscal year 2011 - 2012.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15 da ebruary 2011.
®„ ORPORAT �°
Mayor td Honea
SEAL .'
Willi
ATTEST: ® ' v ® 1� �� APPROVED AS TO FORM:
celyn f' ronson, own Clerk 'Fr nk Ca y, Town Attorn
0025126.DOC /}
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 writing by the
Governor's Highway Safety Representative.
PART L CFDA: 20.600
1. APPLICANT AGENCY: GOHS CONTRACT NUMBER:
Marana Police Department 2012- AL-019
ADDRESS: PROGRAM AREA: AL
11555 W. Civic Center Dr. Building B, Marana, AZ 85653 TASK: 1
2. GOVERNMENTAL UNIT AGENCY CONTACT:
Town of Marana T. VanHook
ADDRESS: 3. PROJECT TITLE:
11555 W. Civic Center Dr., Marana, AZ 85653 DUI Enforcement
4. GUIDELINES:
402 Alcohol
5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 402 funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance
DUI Enforcement and Education throughout the Town of Marana.
6. BUDGET Project Period
COST CATEGORY FY 2012
I. Personnel Services $ 24,793.00
H. Employee Related Expenses $5,207.00
III. Professional and Outside Services $0.00
IV. Travel In -State $0.00
V. Travel Out -of -State $0.00
VI. Materials and Supplies $0.00
VII. Other Expenses $0.00
VIII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS $30,000.00
PROJECT PERIOD FROM: Effective Date (Date of GOHS TO. 09 -30 -2012
Director Signature)
CURRENT GRANT PERIOD FROM: 10 -01 -2011 TO: 09 -30 -2012
TOTAL FEDERAL FUNDS OBLIGATED THIS FY: $30,000.00
A political subdivision or state agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this contract must do so prior to incurring any expenditures. Failure to do so may result
in termination of the awarded contract.
1
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -AL -019
PROBLEM IDENTIFICATION AND RESOLUTION:
Marana encompasses 126 square miles with an estimated population of 35,000, sitting on the
northwest corner of Tucson's metropolitan area and extending north along Interstate 10 (I -10)
through rural farmland to the Pima/Pinal County line.
The Town of Marana is bisected by 18.2 miles of I -10 with a frontage road running on the south
and the Union Pacific Railroad and frontage road running parallel to the Interstate to the north.
This corridor hosts more than 30 on/off ramps; ten railroad crossings (within .25 miles of 1 -10),
eight at grade and two with grade separation (Orange Grove / I -10 and the newly opened Twin
Peaks /I -10). The Town maintains more than 176 miles of arterial roadways, many serving as
regional east -west connectors between State Route 77 and I -10, 139 miles of residential streets,
and 37 miles of rural roads.
As economic development efforts take hold, frontages and key east -west connectors are
becoming increasingly populated with bars and restaurants serving alcohol. An increase in
availability has lead to an increase in problems associated with the use of alcohol, including
driving under the influence.
The increased traffic, high speeds, and drivers under the influence have resulted in changing
accident trends over the past couple of years. The Town has only recorded three alcohol related
fatalities in the last three years, but the number of alcohol related injury accidents has
skyrocketed along with the number of minors caught in possession of alcohol, and the number
liquor law violations resulting from an expansion in the number of establishments serving
alcohol.
To address the problem of impaired drivers, Marana participates in the Southern Arizona DUI
Taskforce under an Intergovernmental Agreement (IGA) with Tucson, Pima County, and other
area agencies. Taskforce deployments coincide with major holidays and special events like
Rodeo Week and graduation season. These holidays and events unfortunately add a greater
number of impaired drivers to the road so the MPD has taken an active role as part of the
Southern Arizona DUI Taskforce to help combat this problem.
Federal 402 funds will support Personnel Services (Overtime) and Employee Related Expenses
to enhance DUI Enforcement and Education throughout the Town of Marana.
By utilizing the DUI overtime funding the Marana Police Department will increase the number
of arrests made ultimately reducing alcohol related traffic collisions, injuries and fatalities.
2
SCHEDULE A
Emaana Police Department SCOPE OF WORK 2012 -AL -019
TRAFFIC DATA SUMMARY
MEMO= Nam 11 10=
TOTAL FATAL COLLISIONS 4 0 4
TOTAL INJURY COLLISIONS 47 44 27
TOTAL COLLISIONS INVESTIGATED 0 0 0
ALCOHOL - RELATED FATALITIES 1 0 2
ALCOHOL - RELATED INJURIES 126 11 3
SPEED - RELATED FATALITIES 0 0 1
SPEED - RELATED INJURIES 143 24 21
PEDESTRIAN FATALITIES 2 0 1
PEDESTRIAN INJURIES 1 3 3
BICYCLE FATALITIES 0 0 0
BICYCLE INJURIES 0 6 1
TOTAL DUI ARRESTS 178 189 212
* TOTAL EXTREME DUI.15 ARRESTS 8 0 0
* TOTAL AGGRAVATED DUI ARRESTS 10 0 0
DUI ALCOHOL ARRESTS - 21 AND OVER 12 2 18
DUI -DRUG ARRESTS - 21 AND OVER 12 2 18
DUI ALCOHOL ARRESTS - UNDER 21 11 ' 10 4
DUI -DRUG ARRESTS - UNDER 21 1 1 2
SOBER DESIGNATED DRIVERS CONTACTED 0 0 0
YOUTH ALCOHOL VIOLATIONS - TITLE 4 (UNDER 21) 11 36 63
YOUTH ALCOHOL VIOLATIONS - TITLE 4 (OVER 21) 26 7 6
TOTAL AGENCY CITATIONS 6849 0 0
SPEED CITATIONS 1100 2145 2477
CHILD SAFETY SEAT CITATIONS 16 21 18
SEAT BELT CITATIONS 91 86 100
RED LIGHT RUNNING CITATIONS 79 87 1 142
* Do not total Extreme, Aggravated DUI, and DUI arrests. Document the total and
percentage of all DUI arrests are Extreme and Aggravated.
3
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -AL -019
GOALS /OBJECTIVES:
Federal 402 funds will support Personnel Services (Overtime) and Employee Related Expenses
to enhance DUI Enforcement and Education throughout the Town of Marana. The following
goals and objectives shall be accomplished as a result of this funding:
➢ Increase enforcement capabilities by implementing additional personnel services
(overtime) to participate in DUI activities.
➢ To increase total department -wide DUI arrests by 20% percent from the calendar 2010
base year total of 178 to 213 by December 31, 2012.
➢ To conduct 4 DUI saturation patrols by September 30, 2012 and participate in an
additional 2 DUI Task Force Operations by September 30, 2012.
➢ To work closely with community based organizations to promote traffic safety programs
at both the neighborhood and community level by September 30, 2012.
➢ To conduct 2 DUI training session for enforcement personnel by September 30, 2012.
➢ To prepare complete press release information for media (television, radio, print and on-
line) during each campaign period including a main press release, schedule of events,
departmental plans and relevant data. The material will emphasize the campaign's
Purpose, aggressive enforcement and the high cost of DUI in terms of money,
criminal and human consequences.
➢ To develop a DUI Operational Plan to establish the method of operation with goals and
objectives applicable upon initiation of contracted grant program.
METHOD OF PROCEDURE:
The Marana Police Department will implement the following strategies to meet the outlined
goals and objectives:
➢ Implement a system of programs to deter alcohol /drug impaired driving, which will
include aggressive enforcement of current laws, as well as visible and aggressive
prosecution of violators.
➢ Develop DUI enforcement projects that will provide highly visible patrols and selective
enforcement methods utilizing up -to -date field sobriety techniques.
➢ Develop comprehensive community DUI prevention projects that employ collaborative
efforts in the development and execution of strategic information and education
campaigns targeting youth and adults, and focusing specific attention to those who
engage in high -risk behaviors.
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SCHEDULE A
=MaranaPolice Department SCOPE OF WORK 2012 -AL -019
➢ Provide DRE training for enforcement officers, prosecutors, and judges to facilitate in
the arrest, prosecution, and adjudication of alcohol and /or drug impaired drivers.
➢ Develop Public information and educational campaigns to raise awareness specific to
Arizona's goals and objectives in reducing impaired driving fatalities and collisions.
These activities shall include print, radio, television, on -line electronic and other possible
innovative projects.
➢ Work in correlation with the statewide GOHS funded traffic safety prosecutor that is
available to all police agencies and adjudicating prosecuting attorney's offices,
particularly for cases that may set a state precedent.
➢ Provide training opportunities for laboratory technicians, law enforcement and
prosecutors on use of current technology and new phlebotomy projects.
➢ Participation is mandatory in multi- agency task forces, specifically the statewide 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 DUI enforcement activities with an emphasis on holidays and specific event
days throughout the year."
And, in addition, it is the responsibility of the Clifton Police Department to report all holiday
task force or individual agency sustained enforcement statistics to GOHS on -line at the GOHS
website no later than 1000 hours the morning following each day of the event.
The holidays and special events include but not limited to: 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.
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award (a
copy of this press release shall be sent to the GOHS Director at the same time it is sent to the
media). This press release shall include the objective and specify that the funding is from the
Governor's Office of Highway Safety.
BAC TESTING AND REPORTING REOUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle
collisions. 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.
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SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -AL -019
Arizona is presently and consistently below the documented average among the states in the
Blood Alcohol (BAC) testing of drivers involved in fatality motor vehicle collisions.
Each law enforcement agency that receives an enforcement - related grant is required to
ensure that this accurate data on all drivers involved are 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
(IACP) that are currently in effect.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure that the objectives have been met.
Quarterly Report
The Quarterly Report (QR) purpose is to provide information on contracted grant activities
conducted at the conclusion of each respective quarter. The information provided is used to
review progress of the funded project and the successfulness in meeting outlined goals and
objectives. The information, photos, highlights, obstacles, and mandatory statistical data
provided in this report are analyzed by the assigned project coordinator. It is critical that the on-
line report contains the following information:
➢ Description of projects /activities conducted to achieve goals and objectives supported by
the funding.
➢ Progress towards the completion of the project meeting the goals and objectives of the
funded project. Examples additionally include public information, educational activities,
electronic and printed media activities (include newspaper clippings)
➢ Report of status of procurement process as well as the current and federal fiscal year -to-
date program expenditures (equipment materials /supplies etc.)
➢ Specific problem areas encountered and solutions identified (if applicable)
➢ Quarterly Enforcement Form
➢ Appropriate signatures
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SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -AL -019
Report Schedule
Quarterly Report (October 1 to December 31) January 15
Quarterly Report (January 1 to March 31) April 15
Quarterly Report (April 1 to June 30) July 15
Quarterly Report (July 1 to September 30) October 31
Final Statement of Accomplishment October 31
The Quarterly Report shall be completed on the available on -line form and submitted by
mail to the Governor's Office of Highway Safety. Note: The "Quarterly Summary Enforcement
Report must be included with each Quarterly Report and Final Statement of Accomplishment.
Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no
later than 30 days following the contract end date. All agencies receiving funding are
required to submit a Final Statement of Accomplishments Report. The report is a summary
overview of the contracted project and is reviewed by the GOHS project coordinator to
determine the following:
➢ How effective was the funded project in reducing or eliminating the identified traffic
safety problem?
➢ Were the goals and objectives outlined in the contract achieved?
➢ What positive accomplishments or obstacles /deficiencies did the grantee face in pursuit
of their respective goals and objectives?
➢ Evaluate the overall worth of the project?
➢ Will the project be continued in the future (Describe in detail) regardless of assistance
from GOHS?
Note: Failure to comply with the outlined GOHS reporting requirements may result in
withholding of federal funds or termination of the contract.
PROFESSIONAL AND TECHNICAL PERSONNEL:
Terry Rozema, Chief, Marana Police Department, shall serve as Project Director.
T VanHook, Community Development Director, Town of Marana, shall serve as Project
Administrator.
Benjamin Deemer, Governor's Office of Highway Safety, shall serve as Project Coordinator.
SCHEDULE A
EMara:na Police Department SCOPE OF WORK 2012 -AL -019
REPORT OF COSTS INCURRED (RCI):
The Project Director shall submit a Report of Costs Incurred (RCI) with supporting
documentation attached, to the Governor's Office of Highway Safety at a minimum on a
quarterly basis in correlation required report. Agencies may submit additional RCI's forms for
expenditures when funds have been expended for which reimbursement is being requested.
RCI's shall be typed and delivered via mail or hand with appropriate supporting documentation,
delivered to the Governor's Office of Highway Safety. Electronically submitted RCI's will
not be accepted. Final RCI's will not be accepted after thirty (30) days after the conclusion of
each federal fiscal year (September 30 Expenditures submitted after the expiration date
will not be reimbursed and the agency will accept fiscal responsibility.
The Governor's Office of Highway Safety will provide the RCI template and instructions with
this contract. Failure to meet this requirement may be cause to terminate the project under
Schedule C, IIB.
The 10 percent retention, Schedule C, IIA, is waived.
PROJECT MONITORING:
Traffic safety grant project monitoring is used by GOHS project coordinators to track the
progress of project objectives, performance measures and compliance with applicable
procedures, laws, and regulations.
The process is used throughout the duration of the contracted project and serves as a continuous
management tool. Project monitoring also presents a good opportunity for developing
partnerships, sharing information and providing assistance to contracted agencies. Additionally,
project monitoring outlines a set of procedures for project review and documentation.
Project monitoring also serves as a management tool for:
➢ Detecting and preventing problems
➢ Helping to identify needed changes
➢ Identifying training or assistance needed
➢ Obtaining data necessary for planning, and evaluation
➢ Identifying exemplary projects
Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of
monitoring are:
➢ Ongoing contact with the contracted grantee through phone calls, e- mails,
correspondence, and meetings
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SCHEDULE A
Em:ara:n.a Police Department SCOPE OF WORK 2012 -AL -019
➢ On -Site and /or In -House monitoring reviews of project operations, management, and
financial records and systems
➢ Review of project Quarterly Reports
➢ Review and approval of Requests for Cost Incurred (RCIs)
➢ Desk review of other documents in the project -grant files for timely submission and
completeness
Total Awarded Amount Type of Monitorin
Under $15,000,00 Desk Review /Phone Conference
$15,000450,000 In -House GOHS Review
$50,000+ On -Site
Capital Outlay $5,000+ (Single Item) On -Site
Desk Review Internal Review of all written documentation related to contractual
project including but not limited to contract, quarterly reports,
enforcement data, financial data, e- mails, letters, notes, press releases,
p hotographs, inventories, and other written correspondence.
Phone Conference A phone conference call conducted during the course of the project
which includes the date and time of the call, the person/s contacted
and the results. Serves as an informational review to determine
progress of programmatic /financial activities. Both the designated
project administrator and fiscal contact must be present during the
phone conference.
In -House Review Documents performance review results including project activities,
reimbursement claims review, equipment purchases, approvals, and
other information. Completed at GOHS in a meeting setting with
affected personnel. Monitoring form written on -site and reviewed
later with agency by Project Coordinator before providing a copy to
the grantee.
On -Site Monitoring Documents performance review results including project activities,
reimbursement claims review, equipment purchases, and other
information Conducted at agency with monitoring form completed
on -site by Project Coordinator. GOHS will provide findings to
agency via letter and a copy of monitoring form to the grantee.
Documentation
All findings will be documented on the GOHS Monitoring Form and placed in the grantee's
respective federal file. Findings will be discussed with the grantee designated contract
representative (project administrator, fiscal specialist) by phone and /or e-mail. All noted
deficiencies will be provided to the grantee with guidance for improvement and solutions to
problems. Grantees that exhibit significantly poor performance with be placed on a performance
plan as outlined by the project coordinator. Grantee monitoring information will additionally
provide documentation for potential funding in subsequent fiscal year grant proposal review.
9
SCHEDULE A
Em:ara:nia Police Department SCOPE OF WORK 2012 -AL -019
PROJECT PERIOD:
The Project Period shall commence on the date the GOHS Director signs the Highway Safety
Contract and terminate on September 30 of that or subsequent year as indicated on the Highway
Safety Contract.
DURATION:
Contracts shall be effective on the date the Governor's Office of Highway Safety Director signs
the contract and expire at the end of the project period.
If the Agency is unable to expend the funds in the time period specified and needs an extension,
a typed extension request shall be signed by the Project Director on the Agency's letterhead and
submitted via mail or hand delivered to the Director of the Governor's Office of Highway Safety
within ninety (90) days before the end of the project period.
Electronic, handwritten and verbal requests to alter the Contract in any manner will not be
accepted.
Failure to comply may result in cancellation of the contract. Any unexpended funds remaining at
the termination of the contract shall be released back to the Governor's Office of Highway
Safety.
10
SCHEDULE B
EMara:na Police Department SCOPE OF WORK 2012 -AL -019
ESTIMATED COSTS:
I. Personnel Services (overtime) $24,793.00
II. Employee Related Expenses $5,207.00
III. Professional and Outside Services $0.00
IV. Travel In -State $0.00
V. Travel Out -of -State $0.00
VI. Materials and Supplies $0.00
VII. Other Expenses $0.00
VIII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS *$30,000.00
*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 shall absorb
expenditures in excess of $30,000.00.
11
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CONTRACT NUMBER 2012 -AL -019
HIGHWAY SAFETY CONTRACT
SCHEDULE C
TABLE OF CONTENTS
I. Project Monitoring, Reports, and Inspections ......................................... ............................... 3
II. Reimbursement of Eligible Expenses ..................................................... ............................... 3
111. Property Agreement ................................................................................... ............................... 4
IV. Travel ........................................................................................................... ............................... 4
V. Standard of Performance .......................................................................... ............................... 4
VI. Hold Harmless Agreement ........................................................................ ............................... 5
VII. Non - Assignment and Sub - Contracts ........................................................ ............................... 5
VIII. Work Products and Title to Commodities and Equipment ..................... ............................... 5
IX. Copyrights and Patents ............................................................................. ............................... 5
X. Common Rule and OMB Circular No. A -102 (Revised) ........................... ............................... 5
XI. Equal Opportunity ....................................................................................... ............................... 6
XII. Executive Order 2009- 09 ............................................................................ ............................... 6
XIII. Application of Hatch Act ............................................................................ ............................... 6
XIV. Minority Business Enterprises Policy and Obligation ............................ ............................... 6
XV. Arbitration Clause, ARS §12. 1518 ............................................................. ............................... 7
XVI. Inspection and Audit, ARS §35- 214 .......................................................... ............................... 7
XVII. Appropriation of Funds by U.S. Congress ............................................... ............................... 7
XVlll. Continuation of Highway Safety Program ................................................ ............................... 7
XIX. E- Verify ........................................................................................................ ............................... 7
XX . Sudan and Iran ..................................... ............................... .............. 7
......... ...............................
XXI. Termination and Abandonment ................................................................ ............................... 7
XXII. Cancellation Statute ................................................................................... ............................... 8
1
HIGHWAY SAFETY CONTRACT
SCHEDULE C
TABLE OF CONTENTS
(continued)
ReimbursementInstructions ....................................................................................... ............................... 9
Agreement of Understanding & Certification of Compliance ................................... ............................... 10
Acceptanceof Condition ........................................................................... ............................... 10
Certificateof Compliance .......................................................................... ............................... 10
Certification of Non - Duplication of
GrantFunds Expenditure .......................................................................... ............................... 10
SingleAudit Act .......................................................................................... ............................... 10
LobbyingRestrictions ............................................................................... ............................... 11
Authorityand Funds ..................................................................................................... ............................... 12
2
CONTRACT NUMBER 2012 -AL -019
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 (23 USC § §401 -404), 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.
3
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
§38 -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, and to furnish all
labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish
pursuant to this Contract.
4
VI. Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the 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.
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 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 will 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 the project contracted for herein is completed.
lX. Copyrights and Patents
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 right 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 OMB 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
The application of USDOT "Common Rule" and Circular A -102 requires that:
AGENCY and sub - grantees will use theirown 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. 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.
5
XI. Equal Opportunity
A. Pursuant to the requirements of the Federal -Aid Highway Act of 1968 (U.S.C. §103 et. seq.), 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 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 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 (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 2009 -09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009 -09,
Non - Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009-
09 is located in Part II of the Project Director's Manual.
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 provisions of the Hatch Act (5 U.S.C. §7321 et. seq.).
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. Obligation: 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
6
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, AIRS §12 -1518
Pursuant to AIRS §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, AIRS §35 -214
Pursuant to AIRS §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.
XIX. E- Verify
Both Parties acknowledge that immigration laws require them to register and participate with the E- Verify
program (employment verification program administered by the United States Department of Homeland
Security and the Social Security Administration or any successor program) as they both employ one or more
employees in this state. Both Parties warrant that they have registered with and participate with E- Verify. If
either Party later determines that the other non - compliant Party has not complied with E- Verify, it will notify
the non - compliant Party by certified mail of the determination and of the right to appeal the determination.
XX. Sudan and Iran
Pursuant to AIRS § 35- 391.06 and 35.393.06, both of the Parties hereby warrant, and represent that they do
not have, and its subcontractors do not have, and during the term hereof will not have a scrutinized
business operation in either Sudan or Iran.
XXI. 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
7
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 STATE,
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.
XXII. Cancellation Statute
All parties are hereby put on notice that this Contract is subject to cancellation pursuant to AIRS §38 -511,
the provisions of which are stated below.
In accordance with AIRS §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 of
the 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.
The cancellation shall be effective when written notice from the Governor or chief executive officer or
governing body of the political subdivision is received by all other parties to the Contract unless the notice
specifies a later time.
8
REIMBURSEMENT INSTRUCTIONS
1. Agency Official authorized by Project Director to certify and sign
Reports of Costs Incurred (RCIs):
Name: T. VanHook
Title: Community Development Director
Telephone Number: 520.382.1909 Fax Number: 520.382.1901
E -mail Address: tvanhook(a)marana.com
2. Agency's Fiscal Contact:
Name: Erik Montague
Title: Finance Director
Telephone Number: 520.382.1900 Fax Number: 520.382.1902
E -mail Address: emontague(a
Federal Identification Number: 86- 0331775
3. REIMBURSEMENT INFORMATION:
Warrant/Check to be made payable to:
Town of Marana
Warrant/Check to be mailed to:
Town of Marana
(Agency)
11555 W. Civic Center Drive
(Address)
Marana AZ 85653
(City, State, Zip Code)
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. § §401404), ARS §28 -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, (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 been performed, please
advise when it is being scheduled.
10
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.
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 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: Signature of Authorized Official of
Governmental Unit:
Terry Rozema, Chief Gilbert Davidson, Town Manager
Town of Marana Town of Marana
_L
7 a- I Ll — cc Sao- 38� -ao I& / 5 0- .:.3P- / �Od
Date Telephone Date Telephone
11
AUTHORITY & FUNDS
1. This Project is authorized by 23 U.S.C. §402, and regulations promulgated there under, more particularly
Volume 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 402 -AL,
Task(s) 1, as approved for by the National Highway Traffic Safety Administration.
2. A. EFFECTIVE DATE: B. FEDERAL FUNDS:
Authorization to Proceed Date In "00
3. AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutie , ector Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
12
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 writing by the
Governor's Highway Safety Representative.
PART L CFDA: 20.600
1. APPLICANT AGENCY: GOHS CONTRACT NUMBER:
Marana Police Department 2012 -PT -015
ADDRESS: PROGRAM AREA: PT
11555 W. Civic Center Dr. Building B, Marana, AZ 85653 TASK: 1, 2
2. GOVERNMENTAL UNIT AGENCY CONTACT:
Town of Marana T. VanHook
ADDRESS: 3. PROJECT TITLE:
11555 W. Civic Center Dr., Marana, AZ 85653 Speed / Selective Traffic Enforcement,
4. GUIDELINES: Equipment
402 Police Traffic Services
5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses and
Capital Outlay Two (2) Police Package Motorcycles to enhance Speed / Selective Traffic
Enforcement and Education throughout the Town of Marana.
6. BUDGET Project Period
COST CATEGORY FY 2012
I. Personnel Services $ 8,000.00
H. Employee Related Expenses $2,000.00
III. Professional and Outside Services $0.00
IV. Travel In -State $0.00
V. Travel Out -of -State $0.00
VI. Materials and Supplies $0.00
VII. Other Expenses $0.00
VIII. Capital Outlay . $54,000.00
TOTAL ESTIMATED COSTS $64,000.00
PROJECT PERIOD FROM: Effective Date (Date of GOHS TO. 09 -30 -2012
Director Signature)
CURRENT GRANT PERIOD FROM: 10 -01 -2011 TO: 09 -30 -2012
TOTAL FEDERAL FUNDS OBLIGATED THIS FY: $64,000.00
A political subdivision or state agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this contract must do so prior to incurring any expenditures. Failure to do so may result
in termination of the awarded contract.
1
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
PROBLEM IDENTIFICATION AND RESOLUTION:
The Town of Marana was incorporated in 1977 as a quiet farming and ranching community.
During the housing boom, Marana became one of Arizona's fastest growing and urbanizing
communities with a varied population of native residents and new - comers enjoying both rural
and urban lifestyles. Marana encompasses 126 square miles with an estimated population of
35,000, sitting on the northwest corner of Tucson's metropolitan area and extending north along
Interstate 10 (I -10) through rural farmland to the Pima/Pinal County line.
The Town of Marana is bisected by 18.2 miles of I -10 with a frontage road running on the south
and the Union Pacific Railroad and frontage road running parallel to the Interstate to the north.
This corridor hosts more than 30 on/off ramps; ten railroad crossings (within .25 miles of I -10), 8
at grade and two with grade separation (Orange Grove / I -10 and the newly opened Twin
Peaks /1 -10). The Town maintains 175 miles of arterial roadways, many serving as regional east -
west connectors between State Route 77 and I -10, 139 miles of residential streets, and 37 miles
of rural roads. Southern Marana contains 16 major intersections with functioning traffic signals.
The arterial and connecting roadways in northern Marana are exclusively two -lane and absent of
traffic signals. Most of the rural roads will soon become arterials to accommodate increased
development related traffic.
Over the past few years, Marana's I -10 corridor has become a pivotal commercial and
employment center for the northwest region of metropolitan Tucson, northern Pima and southern
Pinal Counties. Once a rural agricultural area, northern Marana is experiencing rapid change as
vast areas of farmland are overtaken by commercial and residential developments. The
introduction of large -scale retailers and manufacturers at the I -10 interchange has placed a heavy
traffic burden on the frontage road, off ramps, and arterials as residents and commuters access
fuel, hotels, a wide variety of smaller nationally known retailers and restaurants, and big -box
super- stores including Super Wal -Mart, KOHLS, Home Depot, Coca -Cola, and Lowes.
The newly constructed Twin Peaks roadway and Traffic Interchanges are linking Northeastern
Marana to I -10, creating a corridor for new construction. As a result of the roadway expansion,
the Town has added five newly signalized intersections between the heavily populated Dove
Mountain and the busy 1 -10 corridor. The new connectivity offers patrons of the exclusive
restaurants and golf resorts of Northern Marana easy access to I -10, shortening the distances to
Tucson and Phoenix, thereby substantially increasing traffic in the area.
As economic development efforts take hold, frontages and key east -west connectors are
becoming increasingly populated with bars and restaurants serving alcohol. An increase in
availability has lead to an increase in problems associated with the use of alcohol, including
driving under the influence along with aggressive driving and excessive speeds.
The increased traffic, high speeds, and drivers under the influence have resulted in changing
accident trends over the past couple of years. The Town recorded 143 speed and 126 alcohol
related injuries and 1 alcohol related fatality in the last year. In addition, the number of alcohol
related injury collisions have skyrocketed along with the number of minors caught in possession
2
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
of alcohol, and the number liquor law violations resulting from an expansion in the number of
establishments serving alcohol.
The Marana Police Department (MPD) is working on an ongoing basis with the community and
its partner jurisdictions to get speed awareness information to the public. Speed enforcement
details have more than doubled over the past few years as southern Arizona's local jurisdictions
have worked closely with the Arizona Department of Public Safety, GOHS, schools and non-
profit agencies from throughout the region to sponsor outreach events and enforcement activities.
The Marana Police Department has increased visibility for critical safety programs and
enforcement employing a wide- variety of intervention techniques to spread the word about the
risks of aggressive driving and excessive speed.
One example of this happened last week as Marana hosted the PGA's Accenture Match Play
Event, when the Towns of Marana and Oro Valley partnered with the Pima County Sherriff's
Office to conduct traffic enforcement detail "flag down" in a stretch of road that spans all three
jurisdictions. Oro Valley, Marana and Pima County each supplied three (3) motor officers to
provide focused speed enforcement in a construction zone where workers and neighbors reported
problems. Because the area sat in the middle of a "no -man's land" with a mile of roadway
passing through two incorporated Towns with a small stretch of county between, all three
agencies came together in a coordinated effort. In a two hour period, more 60 citations were
issued to drivers averaging 40 mph+ in a 25 mph construction zone.
This cooperative not only sent a strong message that unsafe speeding will not be tolerated, it also
cemented an already substantive regional collaboration where law enforcement and the courts
work in a coordinated effort to address a community concern. The deployment was so successful
that the agencies are planning similar activities in schools zones and other identified areas in the
coming weeks.
Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses and
Capital Outlay Two (2) Police Package Motorcycles to enhance Speed / Selective Traffic
Enforcement and Education throughout the Town of Marana.
The Marana Police Department will reduce the number of speed related injuries within the Town
of Marana and report activity statistics to GOHS no later than twenty -four hours after each detail.
MPD will also increase citations for speed and aggressive driving on Marana roadways and
reporting these statistics as well. MPD will also increase the number of motor units by two (2)
due to this contract which funds two (2) fully equipped police package motorcycles. This will
increase the number of motor units available for deployment by fifteen (15 %) percent during the
2012 cycle. This will ultimately raise MPD's ability to enhance Speed/Selective Traffic
Enforcement and Education throughout the Town of Marana and surrounding areas.
3
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
TRAFFIC DATA SUMMARY
MN
TOTAL FATAL COLLISIONS 4 0 4
TOTAL INJURY COLLISIONS 47 44 27
TOTAL COLLISIONS INVESTIGATED 0 0 0
ALCOHOL - RELATED FATALITIES 1 0 2
ALCOHOL - RELATED INJURIES 126 11 3
SPEED - RELATED FATALITIES 0 0 1
SPEED - RELATED INJURIES 143 24 21
PEDESTRIAN FATALITIES 2 0 1
PEDESTRIAN INJURIES 1 3 3
BICYCLE FATALITIES 0 0 0
BICYCLE INJURIES 0 6 1
TOTAL DUI ARRESTS 178 189 212
* TOTAL EXTREME DUI.15 ARRESTS 8 0 0
* TOTAL AGGRAVATED DUI ARRESTS 10 0 0
DUI ALCOHOL ARRESTS - 21 AND OVER 12 2 18
DUI -DRUG ARRESTS - 21 AND OVER 12 2 18
DUI ALCOHOL ARRESTS - UNDER 21 11 10 4
DUI -DRUG ARRESTS - UNDER 21 1 1 2
SOBER DESIGNATED DRIVERS CONTACTED 0 0 0
YOUTH ALCOHOL VIOLATIONS - TITLE 4 (UNDER 21) 11 36 63
YOUTH ALCOHOL VIOLATIONS - TITLE 4 (OVER 21) 26 7 6
TOTAL AGENCY CITATIONS 6849 0 0
SPEED CITATIONS 1 100 2145 2477
CHILD SAFETY SEAT CITATIONS 16 21 18
SEAT BELT CITATIONS 91 86 100
RED LIGHT RUNNING CITATIONS 79 87 142
* Do not total Extreme, Aggravated DUI, and DUI arrests. Document the total and
percentage of all DUI arrests are Extreme and Aggravated.
4
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
GOALS /OBJECTIVES:
Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses and
Capital Outlay: Two (2) Police Package Motorcycles to enhance Speed / Selective Traffic
Enforcement and Education throughout the Town of Marana. The following goals and objectives
shall be accomplished as a result of this funding:
➢ To reduce or maintain the total number of persons killed in traffic collisions by
December, 2012.
➢ To reduce the total number of persons injured in traffic collisions 40% from the calendar
2010 base year total of 47 to 28 by December, 2012.
➢ To reduce or maintain the total number of fatal intersection collisions by December,
2012.
➢ To reduce or maintain the total number of injury intersection collisions by December,
2012.
➢ To reduce or maintain the total number of fatal speed related collisions by December,
2012.
➢ To reduce or maintain the total number of injury speed related collisions by December,
2012.
➢ To increase the number of speed citations issued 20% from the calendar 2010 base year
total of 1100 to 1320 by December 2012.
➢ To increase the number of total citations issued 10% from the calendar 2010 base year
total of 6879 to 7566 by December, 2012
METHOD OF PROCEDURE:
The Marana Police Department will implement the following strategies to meet the outlined
goals and objectives:
➢ To improve the enforcement of traffic safety laws intended to reduce death, injury and
property damage and promote roadway safety, by strict and consistent enforcement.
➢ Identify most dangerous roads (Speed - Related Issues) within specific geographic area
respective community. Deploy enforcement efforts based upon identification process.
➢ Include speed and traffic enforcement as part of other enforcement programs (i.e., DUI
and occupant protection).
5
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
➢ Provide public information and education on the effects of excessive vehicle speed and
hazardous traffic violations.
➢ Train officers in speed measurement devices through certified courses.
➢ To initiate a police department/neighborhood speed alert program by September, 2012.
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award (a
copy of this press release shall be sent to the GOHS Director at the same time it is sent to the
media). This press release shall include the objective and specify that the funding is from the
Governor's Office of Highway Safety.
BAC TESTING AND REPORTING REQUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle
collisions. 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 and consistently below the documented average among the states in the
Blood Alcohol (BAC) testing of drivers involved in fatality motor vehicle collisions.
Each law enforcement agency that receives an enforcement - related grant is required to
ensure that this accurate data on all drivers involved are 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
(IACP) that are currently in effect.
EQUIPMENT:
Two (2) Police Package Motorcycles
Agencies receiving funding for Capital Outlay (major equipment) such as DUI Processing Vans,
marked and unmarked enforcement sedans and marked enforcement motorcycles shall 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.
6
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
The Marana Police Department shall immediately notify GOHS if any equipment purchased
under this contract ceases to be used in the manner described in this contract. In such event, the
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 shall be conveyed, sold, salvaged, transferred, etc., without the express written
approval of GOHS.
The Marana Police Department shall maintain or cause to be maintained for its useful life, any
equipment purchased under this contract.
The Marana Police Department shall incorporate any equipment purchased under this Contract
into its inventory records.
The Marana Police Department shall 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 shall be responsible for all administrative, maintenance,
operational costs and the costs of any damage relating to the two (2) Police Package
Motorcycles.
Decals:
The Governor's Office of Highway Safety shall provide the Marana Police Department with
decals depicting the Governor's Office of Highway Safety logo. These decals shall be affixed to
the equipment before being placed in service.
Equipment Purchase:
The equipment purchased under this contract shall be ordered, received, training completed, and
placed in service prior to the end of the project period.
If this requirement cannot be met, a typed extension request shall be signed by the Project
Director on the Agency's letterhead and submitted via mail or hand delivered to the Director of
the Governor's Office of Highway Safety within sixty (60) days before the end of the project
period. Failure to comply may result in cancellation of the contract.
Original Purpose of Equipment:
Pursuant to 23 CFR § 1200.2 1, all equipment purchased under this contract is to be used for the
original purpose intended under this contract. All equipment shall be used for the originally
authorized grant purposes for as long as needed for those purposes, as determined by the NHTSA
7
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
Regional Administrator, and neither the State nor the Agency (sub - grantees) or contractors shall
encumber the title or interest while such need exists.
The NHTSA Regional Administrator may reserve the right to transfer title to equipment acquired
under this the Section 402 program to the Federal Government or to a third party when such third
party is otherwise eligible under existing statutes.
Furthermore, 49 CFR § 18.32.c.I states that Equipment (acquired under this grant) shall be used
by the grantee in the program or project for which it was acquired as long as needed, whether or
not the project or program continues to be supported by Federal funds. When no longer needed
for the original program or project, the equipment may be used in other activities currently or
previously supported by a Federal agency.
Insurance:
It is agreed that the Marana Police Department shall adequately insure all capital equipment
purchased under this contract for repair or replacement.
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.
Major Equipment:
The definition of "major" equipment is tangible, non - expendable property having a useful life of
more than 1 year and an acquisition cost of $5,000.00 or more per unit.
The Marana Police Department shall e-mail their assigned GOHS project coordinator, a high
quality color photograph of the two (2) Police Package Motorcycles. The Marana Police
Department shall complete the attached Capital Outlay Equipment form for all individual
equipment purchases of $5,000.00 or more. The form is to be attached and submitted with the
next quarterly report subsequent to the delivery of the equipment.
METHOD OF PROCUREMENT:
Procurement procedures shall be in accordance with the Project Director's Manual and Schedule
C, Section X. Additionally, the Marana Police Department shall follow State Procurement Code.
A clear audit trail must be established to determine costs charged against this contract.
Substantiation of costs shall, where possible, be made utilizing the 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 shall retain copies of all documentation in the project file.
8
SCHEDULE A
EMaran:a Police Department SCOPE OF WORK 2012 -PT -015
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.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure that the objectives have been met.
Ouarterly Report
The Quarterly Report (QR) purpose is to provide information on contracted grant activities
conducted at the conclusion of each respective quarter. The information provided is used to
review progress of the funded project and the successfulness in meeting outlined goals and
objectives. The information, photos, highlights, obstacles, and mandatory statistical data
provided in this report are analyzed by the assigned project coordinator. It is critical that the on-
line report contains the following information:
➢ Description of projects /activities conducted to achieve goals and objectives supported by
the funding.
➢ Progress towards the completion of the project meeting the goals and objectives of the
funded project. Examples additionally include public information, educational activities,
electronic and printed media activities (include newspaper clippings)
➢ Report of status of procurement process as well as the current and federal fiscal year -to-
date program expenditures (equipment materials /supplies etc.)
➢ Specific problem areas encountered and solutions identified (if applicable)
➢ Photograph of capital outlay equipment the two (2) Police Package Motorcycles]
• Capital Outlay Equipment Form
➢ Quarterly Enforcement Form
➢ Appropriate signatures
Report Schedule
Quarterly Report (October 1 to December 31) January 15
Quarterly Report (January 1 to March 31) April 15
Quarterly Report (April 1 to June 30) July 15
Quarterly Report (July 1 to September 30) October 31
Final Statement of Accomplishment October 31
9
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
The Quarterly Report shall be completed on the available on -line form and submitted by
mail to the Governor's Office of Highway Safety. Note: The "Quarterly Summary Enforcement
Report must be included with each Quarterly Report and Final Statement of Accomplishment.
Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no
later than 30 days following the contract end date. All agencies receiving funding are
required to submit a Final Statement of Accomplishments Report. The report is a summary
overview of the contracted project and is reviewed by the GOHS project coordinator to
determine the following:
➢ How effective was the funded project in reducing or eliminating the identified traffic
safety problem?
➢ Were the goals and objectives outlined in the contract achieved?
➢ What positive accomplishments or obstacles /deficiencies did the grantee face in pursuit
of their respective goals and objectives?
➢ Evaluate the overall worth of the project?
➢ Will the project be continued in the future (Describe in detail) regardless of assistance
from GOHS?
Note: Failure to comply with the outlined GOHS reporting requirements may result in
withholding of federal funds or termination of the contract.
PROFESSIONAL AND TECHNICAL PERSONNEL:
Terry Rozema, Chief, Marana Police Department, shall serve as Project Director.
T VanHook, Community Development Director, Town of Marana, shall serve as Project
Administrator.
Benjamin Deemer, Governor's Office of Highway Safety, shall serve as Project Coordinator.
REPORT OF COSTS INCURRED MCI):
The Project Director shall submit a Report of Costs Incurred (RCI) with supporting
documentation attached, to the Governor's Office of Highway Safety at a minimum on a
quarterly basis in correlation required report. Agencies may submit additional RCI's forms for
expenditures when funds have been expended for which reimbursement is being requested.
RCI's shall be typed and delivered via mail or hand with appropriate supporting documentation,
delivered to the Governor's Office of Highway Safety. Electronically submitted RCI's will
not be accepted. Final RCI's will not be accepted after thirty (30) days after the conclusion of
10
E SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
each federal fiscal year (September 30 Expenditures submitted after the expiration date
will not be reimbursed and the agency will accept fiscal responsibility.
The Governor's Office of Highway Safety will provide the RCI template and instructions with
this contract. Failure to meet this requirement may be cause to terminate the project under
Schedule C, IIB.
The 10 percent retention, Schedule C, IIA, is waived.
PROJECT MONITORING:
Traffic safety grant project monitoring is used by GOHS project coordinators to track the
progress of project objectives, performance measures and compliance with applicable
procedures, laws, and regulations.
The process is used throughout the duration of the contracted project and serves as a continuous
management tool. Project monitoring also presents a good opportunity for developing
partnerships, sharing information and providing assistance to contracted agencies. Additionally,
project monitoring outlines a set of procedures for project review and documentation.
Project monitoring also serves as a management tool for:
➢ Detecting and preventing problems
➢ Helping to identify needed changes
➢ Identifying training or assistance needed
➢ Obtaining data necessary for planning, and evaluation
➢ Identifying exemplary projects
Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of
monitoring are:
➢ Ongoing contact with the contracted grantee through phone calls, e- mails,
correspondence, and meetings
➢ On -Site and/or In -House monitoring reviews of project operations, management, and
financial records and systems
➢ Review of project Quarterly Reports
➢ Review and approval of Requests for Cost Incurred (RCIs)
➢ Desk review of other documents in the project -grant files for timely submission and
completeness
Total Awarded Amount Type of Monitorin
Under $15,000,00 Desk Review/Phone Conference
$15,000450,000 In -House GOHS Review
$50,000+ On -Site
11
SCHEDULE A
Marana Police Department SCOPE OF WORK 2012 -PT -015
Capital Outlay $5,000+ (Single Item) I On -Site
Desk Review Internal Review of all written documentation related to contractual
project including but not limited to contract, quarterly reports,
enforcement data, financial data, e- mails, letters, notes, press releases,
photographs, inventories, and other written correspondence.
Phone Conference A phone conference call conducted during the course of the project
which includes the date and time of the call, the person/s contacted
and the results. Serves as an informational review to determine
progress of programmatic /financial activities. Both the designated
project administrator and fiscal contact must be present during the
hone conference.
In -House Review Documents performance review results including project activities,
reimbursement claims review, equipment purchases, approvals, and
other information. Completed at GOHS in a meeting setting with
affected personnel. Monitoring form written on -site and reviewed
later with agency by Project Coordinator before providing a copy to
the grantee.
On -Site Monitoring Documents performance review results including project activities,
reimbursement claims review, equipment purchases, and other
information Conducted at agency with monitoring form completed
on -site by Project Coordinator. GOHS will provide findings to
agency via letter and a copy of monitoring form to the grantee.
Documentation
All findings will be documented on the GOHS Monitoring Form and placed in the grantee's
respective federal file. Findings will be discussed with the grantee designated contract
representative (project administrator, fiscal specialist) by phone and/or e-mail. All noted
deficiencies will be provided to the grantee with guidance for improvement and solutions to
problems. Grantees that exhibit significantly poor performance with be placed on a performance
plan as outlined by the project coordinator. Grantee monitoring information will additionally
provide documentation for potential funding in subsequent fiscal year grant proposal review.
PROJECT PERIOD:
The Project Period shall commence on the date the GOHS Director signs the Highway Safety
Contract and terminate on September 30 of that or subsequent year as indicated on the Highway
Safety Contract.
DURATION:
Contracts shall be effective on the date the Governor's Office of Highway Safety Director signs
the contract and expire at the end of the project period.
If the Agency is unable to expend the funds in the time period specified and needs an extension,
a typed extension request shall be signed by the Project Director on the Agency's letterhead and
12
SCHEDULE A
EMarana Police Department SCOPE OF WORK 2012 -PT -015
submitted via mail or hand delivered to the Director of the Governor's Office of Highway Safety
within ninety (90) days before the end of the project period.
Electronic, handwritten and verbal requests to alter the Contract in any manner will not be
accepted.
Failure to comply may result in cancellation of the contract. Any unexpended funds remaining at
the termination of the contract shall be released back to the Governor's Office of Highway
Safety.
13
SCHEDULE B
Marana Police Department SCOPE OF WORK 2012 -PT -015
ESTIMATED COSTS:
I. Personnel Services (overtime) $8,000.00
II. Employee Related Expenses $2,000.00
III. Professional and Outside Services $0.00
IV. Travel In -State $0.00
V. Travel Out -of -State $0.00
VI. Materials and Supplies $0.00
VII. Other Expenses $0.00
VIII. Capital Outlay $54,000.00
Two (2) Police Package Motorcycles
2 x $27,000.00
TOTAL ESTIMATED COSTS *$64,000.00
*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 shall absorb
expenditures in excess of $64,000.00.
14
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CONTRACT NUMBER 2012 -PT -015
HIGHWAY SAFETY CONTRACT
SCHEDULE C
TABLE OF CONTENTS
I. Project Monitoring, Reports, and Inspections ......................................... ............................... 3
II. Reimbursement of Eligible Expenses ..................................................... ............................... 3
III. Property Agreement ................................................................................... ............................... 4
IV. Travel ........................................................................................................... ............................... 4
V. Standard of Performance .......................................................................... ............................... 4
VI. Hold Harmless Agreement ........................................................................ ............................... 5
VII. Non - Assignment and Sub - Contracts ........................................................ ............................... 5
VIII. Work Products and Title to Commodities and Equipment ..................... ............................... 5
IX. Copyrights and Patents ............................................................................. ............................... 5
X. Common Rule and OMB Circular No. A -102 (Revised) ........................... ............................... 5
XI. Equal Opportunity ...................................................................................... ............................... 6
XII. Executive Order 2009. 09 ............................................................................ ............................... 6
Xill. Application of Hatch Act ............................................................................ ............................... 6
XIV. Minority Business Enterprises Policy and Obligation ............................ ............................... 6
XV. Arbitration Clause, ARS §12- 1518 ............................................................. ............................... 7
XVI. Inspection and Audit, ARS §35. 214 .......................................................... ............................... 7
XVII. Appropriation of Funds by U.S. Congress ............................................... ............................... 7
XVIII. Continuation of Highway Safety Program ................................................ ............................... 7
XIX. E- Verify ........................................................................................................ ............................... 7
XX . Sudan and Iran ........................................................................................... ............................... 7
XXI. Termination and Abandonment ................................................................ ............................... 7
XXII Cancellation Statute ................................................................................... ............................... 8
1
HIGHWAY SAFETY CONTRACT
SCHEDULE C
TABLE OF CONTENTS
(continued)
ReimbursementInstructions ....................................................................................... ............................... 9
Agreement of Understanding & Certification of Compliance ................................... ............................... 10
Acceptanceof Condition ........................................................................... ............................... 10
Certificateof Compliance .......................................................................... ............................... 10
Certification of Non - Duplication of
GrantFunds Expenditure .......................................................................... ............................... 10
SingleAudit Act .......................................................................................... ............................... 10
LobbyingRestrictions ............................................................................... ............................... 11
Authorityand Funds ..................................................................................................... ............................... 12
2
CONTRACT NUMBER 2012 -PT -015
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 (23 USC § §401 -404), 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.
3
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, AIRS
§38 -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, and to furnish all
labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish
pursuant to this Contract.
4
VI. Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the 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.
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 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 will 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 the project contracted for herein is completed.
IX. Copyrights and Patents
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 right 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 OMB 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
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. 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.
5
XI. Equal Opportunity
A. Pursuant to the requirements of the Federal -Aid Highway Act of 1968 (U.S.C. §103 et. seq.), 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 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 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 (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 2009.09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009 -09,
Non - Discrimination in Employment by Govemment Contractors and Subcontractors. Executive Order 2009-
09 is located in Part II of the Project Director's Manual
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 provisions of the Hatch Act (5 U.S.C. §7321 et. seq.).
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. Obligation: 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
6
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, AIRS §12.1518
Pursuant to AIRS §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, AIRS §35.214
Pursuant to AIRS §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.
XIX. E- Verify
Both Parties acknowledge that immigration laws require them to register and participate with the E -Verify
program (employment verification program administered by the United States Department of Homeland
Security and the Social Security Administration or any successor program) as they both employ one or more
employees in this state. Both Parties warrant that they have registered with and participate with E- Verify. If
either Party later determines that the other non - compliant Party has not complied with E- Verify, it will notify
the non - compliant Party by certified mail of the determination and of the right to appeal the determination.
XX. Sudan and Iran
Pursuant to AIRS § 35- 391.06 and 35.393.06, both of the Parties hereby warrant, and represent that they do
not have, and its subcontractors do not have, and during the term hereof will not have a scrutinized
business operation in either Sudan or Iran.
XXI. 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
7
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 STATE,
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.
XXII. Cancellation Statute
All parties are hereby put on notice that this Contract is subject to cancellation pursuant to AIRS §38 -511,
the provisions of which are stated below.
In accordance with AIRS §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 of
the 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.
The cancellation shall be effective when written notice from the Governor or chief executive officer or
governing body of the political subdivision is received by all other parties to the Contract unless the notice
specifies a later time.
8
REIMBURSEMENT INSTRUCTIONS
1. Agency Official authorized by Project Director to certify and sign
Reports of Costs Incurred (RCls):
Name: T. VanHook
Title: Community Development Director
Telephone Number: 520.382.1909 Fax Number: 520.382.1901
E -mail Address: tvanhookO- marana.com
2. Agency's Fiscal Contact:
Name: Erik Montaque
Title: Finance Director
Telephone Number: 520.382.1900 Fax Number: 520.382.1902
E -mail Address: emontaqueo_marana.com
Federal Identification Number: 86- 0331775
3. REIMBURSEMENT INFORMATION:
Warrant/Check to be made payable to:
Town of Marana
Warrant/Check to be mailed to:
Town of Marana
(Agency)
11555 W. Civic Center Drive
(Address)
Marana AZ 85653
(City, State, Zip Code)
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. 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, (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 been performed, please
advise when it is being scheduled.
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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.
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 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: Signature of Authorized Official of
Governmental Unit:
Terry Rozema, Chief Gilbert Davidson, Town Manager
Town of Marana Town of Marana
Co- l t - a0 - _ 2632 3f4t -17
Date Telephone Date Telephone
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AUTHORITY & FUNDS
1. This Project is authorized by 23 U.S.C. §402, and regulations promulgated there under, more particularly
Volume 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 402 -AL,
Task(s) 1, 2, as approved for by the National Highway Traffic Safety Administration.
2. A. EFFECTIVE DATE: B. FEDERAL FUNDS:
Authorization to Proceed Date 64 .00
3. AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier, Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
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