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HomeMy WebLinkAboutResolution 2020-001 Approving the DUI Abatement Grant Agreement CY2020MARANA RESOLUTION NO. 2020-001 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE AND THE TOWN MANAGER TO EXECUTE DUI ABATEMENT GRANT PROGRAM GRANT AGREEMENT NUMBER DUTAC-E-130 BETWEEN THE STATE OF ARIZONA BY AND THROUGH THE OVERSIGHT COUNCIL ON DRIVING OR OPERATING UNDER THE INFLUENCE ABATEMENT AND THE TOWN OF MARANA FOR GRANT FUNDING FOR DUI WARRANT DETAIL WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving driving under the influence; and WHEREAS the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement (DUTAC) has awarded grant funding to the Town under the DUI Abatement Grant Program for overtime and employee -related expenses (fringe benefits) for those officers participating in high- profile DUI warrant sweeps; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a grant agreement with the State by and through DUTAC to be eligible to receive funds under the DUI Abatement Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. Grant Agreement Number DUTAC-E-130 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement (DUTAC) and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Chief of Police and the Town Manager are hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the grant agreement. 00067713.Docx /1 Marana Resolution No. 2020-001 - 1 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of January 2020. Mayor Ed Honea ATT S APPROVED AS TO FORM: Cherry Clawson, Town Clerk Y' a < Cas •d , Tgwn Atto/. Ad< MARANA AZ ESTABLISHED i977 00067713.DOCX /1 Marana Resolution No. 2020-001 - 2 - 1 DUI ABATEMENT GRANT PROGRAM GRANT AGREEMENT Douglas A. Ducey Governor The Oversight Council on Driving or Operating Under the Influence Abatement is hereafter referred to as the DUI Abatement Council, DUIAC or Council in this agreement. This page and the DUIAC Project Director’s Manual incorporated herein by reference constitute the entire agreement between the parties hereto unless deviation is authorized in writing by the DUI Abatement Council. APPLICANT AGENCY Marana Police Department AGREEMENT NUMBER DUIAC-E-130 ADDRESS 11555 W. Civic Center Dr, Bldg B, Marana, AZ 85653 PROGRAM AREA Enforcement GOVERNMENTAL UNIT Town of Marana AGENCY CONTACT Starla Anderson ADDRESS 11555 W. Civic Center Dr, Marana, AZ 85653 PROJECT TITLE DUI Warrant Detail BRIEFLY STATE PURPOSE OF PROJECT: State DUI Abatement (E) funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance DUI Warrant Enforcement throughout the Town of Marana. BUDGET COST CATEGORY Project Period CY 2020 I. Personnel Services $32,142.00 II. Employee Related Expenses $12,858.00 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. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $45,000.00 PROJECT PERIOD FROM: Effective Date (Date of DUIAC Chairman Signature) TO: 12-31-2020 CURRENT GRANT PERIOD FROM: 12-31-2019 TO: 12-31-2020 TOTAL DUI ABATEMENT FUNDS OBLIGATED FOR THIS AGREEMENT PERIOD: $45,000.00 A political subdivision or state agency that is mandated to provide a certified resolution or ordinance authorizing entry into this agreement must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded agreement. Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: The Marana Police Department has 96 sworn officers. Various assignments include patrol, directed action response, traffic enforcement, detectives, criminal investigations, and canine. The Marana Police Department also shares resources with the Pima Regional Special Weapons and Tactics Team, Explosive Ordnance Disposal, the Counter Narcotics Alliance, Arizona Vehicle Theft Task Force, and the Federal Drug Enforcement Administration. The Department has three Drug Recognition Experts (DRE), three DRE instructors, ten qualified phlebotomist, eight Horizontal Gaze Nystagmus (HGN) instructors, and 69% of all patrol officers certified in HGN. The Department works closely with the Southern Arizona DUI Taskforce in a concentrated and coordinated effort to reduce the number of impaired drivers on the roadways through enforcement and educational efforts. The Town of Marana was incorporated in 1977. Marana encompasses 122 square miles with a population of 47,007. The Town of Marana is experiencing rapid development, which has increased residential and commercial building, thus, attracting people and commerce to the town. The Town of Marana is bisected by 18.2 miles of Interstate 10 with a frontage road running parallel to the interstate on both sides. This 1-10 corridor hosts seven traffic interchanges with 28 on/off ramps and 10 railroad crossings. Most of the railroad crossings are at grade and with the recent double tracking of the Union Pacific Railroad the Town has seen a dramatic increase in daily train traffic. The Police Department serves 96 miles of arterial roadways, SO miles of collector roadways, 112 miles of public residential streets, 43 miles private residential streets and 4 7 miles of rural roads. Marana hosts 23 signalized intersections and two HAWK traffic signals. Marana also has multi-lane arterial roads that connect heavy residential and commercial traffic to both Interstate 10 and State Road 77. Northern Marana frontage roads accommodate a high volume of traffic during key commute times and serve as alternate roadways for local drivers wishing to avoid the high speeds and congestion of interstate 10. The Town of Marana has numerous road construction projects underway that have affected travel in and around Town with additional road construction projects coming soon. As the Town continues to grow, road construction will be a necessary part of Town development, which will continue to affect traffic flow and road safety. Agency Problem: A large number of people arrested for DUI violations are not appearing in court or paying fines. The Marana Municipal Court continually has over 100 active DUI Failure to Appear/Failure to Pay arrest warrants. Suspects listed in these warrants are often repeat offenders who regularly put the public at risk by continuing to drive on public roadways while impaired, uninsured, or with suspended and/or revoked driving privileges. Agency Attempts to Solve Problem: The Abatement Council has funded Marana PD for DUI Warrant Sweep Overtime from May of 2014 through April of 2015, July 2015 through June 2016 and again in November 2017 through October 2018. During the last grant funding period, Marana PD completed five very successful, aggressive warrant sweeps that resulted in 33 arrests, 144 arrest warrants served and $78,541.00 in recovered bond money. Officers were able to make 163 contacts during the deployments. The 286 hours of overtime allowed officers the time needed to prioritize offenders, research warrants, locate offenders, and complete necessary case paperwork. Agency Funding: State DUI Abatement (E) funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance DUI Warrant Enforcement throughout the Town of Marana. Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 3 How Agency Will Solve Problem With Funding: High profile warrant sweeps will be conducted on the weekend Labor Day 2018. Additional sweeps will be conducted as funding allows. Six to eight officers will deploy as two officer units. Officers will research offenders, gather accurate residence or work addresses, and locate/arrest offenders for prosecution. Prior to each deployment, local media outlets will be notified of the detail and will be provided the results following the detail for public dissemination. GOALS/OBJECTIVES: State DUI Abatement (E) funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance DUI Warrant Enforcement throughout the Town of Marana. The following goals and objectives shall be accomplished as a result of this funding: Impaired Driving or Operating - Enforcement Expenditures of funding pertaining to Impaired Driving or Operating Enforcement or Innovative Programs including Personnel Services and ERE, Materials & Supplies, Capital Equipment and/or Travel In and Out of State shall comply with the Impaired Driving or Operating Program Goals of the DUI Abatement Council in conjunction with those provided by the Arizona Governor’s Office of Highway Safety. The Impaired Driving or Operating Program Goal is to reduce the incidence of alcohol and drug related driving or operating, fatalities and injuries through enforcement, education and public awareness and through innovative programs throughout the State of Arizona. Law Enforcement personnel participating in Impaired Driving or Operating Enforcement/DUI activities including DUI Task Force details under this program shall be HGN/SFST certified. This is not a requirement for those participating in DUI Innovative programs. MEDIA RELEASE 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 / Alcohol in terms of money, criminal and human consequences. The Marana Police Department will maintain responsibility for reporting sustained DUI enforcement activity in a timely manner. Additionally, it is the responsibility of the Marana Police Department to report all task force enforcement statistics in which they participate to GOHS on-line at the GOHS website no later than 10:00a.m. the morning following each day of the event. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports and/or Report of Costs Incurred (RCIs) on time and correctly may delay reimbursement for expenditures to your agency, or a cancellation and return of unexpended advanced funding. METHOD OF PROCEDURE: The Marana Police Department will make expenditures as follows to meet the outlined Program Goals/Objectives: Personnel Services – To support Overtime for Impaired Driver or Operator Activities Employee Related Expenses – To support Employee Related Expenses for Agency Overtime Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 4 PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed agreement. A copy of this press release shall be sent to the DUI Abatement Council 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 Oversight Council on Driving or Operating Under the Influence Abatement. 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 fatal 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 state 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 purpose of the Quarterly Report is to provide information on agreement 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:  Original signatures on all Quarterly Reports and RCIs • Signatures must include Project Director unless prior authorization for another is on file with GOHS. Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (January 1 to March 31, 2020) April 30, 2020 2nd Quarterly Report and RCI (April 1 to June 31, 2020) July 31, 2020 3rd Quarterly Report and RCI (July 1 to September 31, 2020) October 31, 2020 4th Quarterly Report and RCI (October 1 to December 31, 2020) January 31, 2021 Final Statement of Accomplishments January 31, 2021 Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 5 The Quarterly Report shall be completed on the form available on-line and submitted by mail to the DUI Abatement Council at the Governor’s Office of Highway Safety. The Quarterly Report title is based on the 3 month calendar period (Year-Calendar Quarter). Note: All law enforcement agencies must enter enforcement activity into the on-line GOHS DUI Reporting System. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the DUI Abatement Council no later than 30 days following the agreement end date. All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined DUI Abatement Council reporting requirements may result in withholding of state funds or termination of the agreement and return of any unexpended advanced funds. PROFESSIONAL AND TECHNICAL PERSONNEL: Jerry Rozema, Chief , Marana Police Department, shall serve as Project Director. Kristin Taft, Grants Manager, Marana Police Department, shall serve as Project Administrator. Nicole Costanza, Governor’s Office of Highway Safety, shall serve as Project Coordinator. 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 with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. RCIs shall be typed and delivered via mail or hand with appropriate supporting documentation, delivered to the Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will not be accepted after thirty (30) days after the conclusion of the Agreement end date. Expenditures submitted after the expiration date will not be reimbursed and the agency will accept fiscal responsibility. The RCI template and instructions are available on the Governor’s Office of Highway Safety website at http://www.azgohs.gov/grant-opportunities/. Failure to meet the reporting requirements may be cause to terminate the project. PROJECT MONITORING: DUI Abatement Council 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 agreement 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 Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 6  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 Monitoring Schedule Total Awarded Amount Type of Monitoring Under $50,000 Desk Review/Phone Conference. $50,000 and over May have an In-House GOHS Review $100,000+ May have an On-Site Review Capital Outlay Greater than $25,000.00 (combined) May have an On-Site Review Desk Review and Phone Conference Internal Review of all written documentation related to agreement project including but not limited to agreement, quarterly reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. 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 should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Project Coordinator, any findings or areas of improvement, concern or recognition will be provided to the grantee. In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including but not limited to agreement, quarterly reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings or areas of improvement, concern or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including but not limited to agreement, quarterly reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s agency with monitoring form completed on-site by Project Coordinator. Any findings or areas of improvement, concern, or recognition, will be provided to the grantee. Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 7 On-site and/or In-house monitoring for grantees of designated projects with large capital outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the Agreement period. Contracted projects displaying any problems might need on-site monitoring more than once during the fiscal year. On-site and/or In-house monitoring includes a review and discussion of all issues related to assure the effective and administration of the contracted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation  Quarterly reports  Status of expenditures related to the outlined budget  Accounting records  Supporting documentation (training documentation, inventory sheets, photographs, press releases etc) In addition, the designated project administrator will assure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation All findings will be documented on the GOHS Monitoring Form and placed in the grantee’s respective state file. Findings will be discussed with the grantee designated agreement 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 DUI Abatement Council Chairman or GOHS Director in the Chairman’s stead, signs the DUI Abatement Grant Agreement and terminates at the end of one year on the date as indicated on the DUI Abatement Council Grant Agreement. DURATION: Agreements shall be effective on the date the DUI Abatement Council Chairman or GOHS Director in the Chairman’s stead, signs the agreement 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 Chairman of the DUI Abatement Council at the Governor's Office of Highway Safety within ninety (90) days before the end of the project period. The Agency shall address all requests to modify the contract to the Chairman of the DUI Abatement Council on Agency letterhead and either hand deliver or submit the request via regular mail to the GOHS office. All requests for modification must bear the signature of the Project Director. Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 8 Failure to comply may result in cancellation of the agreement. Any unexpended funds remaining at the termination of the agreement shall be released back to the DUI Abatement Fund. ESTIMATED COSTS: I. Personnel Services (overtime) $32,142.00 II. Employee Related Expenses $12,858.00 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. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$45,000.00 *Includes all applicable training, tax, freight, and advertising costs. The DUIAC reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of 40 percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department shall absorb any and all expenditures in excess of $45,000.00. Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 9 CERTIFICATIONS AND AGREEMENTS This AGREEMENT, is made and entered into by and between the STATE OF ARIZONA, by and through the Oversight Council On Driving Or Operating Under The Influence Abatement (DUIAC) hereinafter referred to as "STATE", and the Marana Police Department in this Agreement, hereinafter referred to as "AGENCY". WHEREAS, the Arizona Revised Statutes (§§1303-1304), provides State funds to STATE for approved DUI Enforcement and DUI Innovative 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 WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for State funds for approved DUI Enforcement and DUI Innovative projects; and WHEREAS, AGENCY has submitted an application for State funds for DUI Enforcement and DUI Innovative 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 Agreement. 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 Agreement or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Agreement. Failure to comply with Quarterly Report requirements may result in withholding of State funds or termination of this Agreement. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Agreement 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 Agreement. D. Representatives authorized by STATE will have the right to visit the site and inspect the work under this Agreement whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. 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". Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 10 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which State funds have been claimed and reimbursement received, as may have been determined by a State audit. C. 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 Agreement ceases to be used in the manner as set forth by this Agreement. In such event, AGENCY further agrees to either give credit to the project cost or to another active DUI Abatement 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 Agreement. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Agreement. D. AGENCY will incorporate any equipment purchased under this Agreement into its inventory records. E. AGENCY will insure any equipment purchased under this Agreement 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 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 Agreement. Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 11 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 Agreement 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 Agreement. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Agreement, unless otherwise provided for elsewhere in this Agreement, 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 Agreement. B. The provisions of subparagraph A apply whether or not the project agreed to 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. Arizona Procurement Code (ARS, §41-2501, et. seq.) AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations. 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 Agreement as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Agreement. XI. Equal Opportunity Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 12 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 Agreement, hereby gives its assurance that employment in connection with the subject DUI Abatement Council Grant 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 Agreement, AGENCY will be subject to and will comply with Title VI of the Civil Rights Act of 1964, 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 DUI Abatement Council Grant Project. B. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE 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 State financial assistance to AGENCY under the DUI Abatement Council Grant 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 DUI Abatement Council Grant 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. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Agreement where the provisions of mandatory arbitration apply. XIV. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Agreement will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Agreement. The records will be produced at the Governor’s Office of Highway Safety. XV. Appropriation of Funds by the Arizona Legislature It is agreed that in no event will this Agreement be binding on any party hereto unless and until such time as funds are appropriated and authorized by the Arizona Legislature and specifically allocated to the project submitted herein by the DUI Abatement Council and then only for the fiscal Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 13 year for which such allocation is made. In the event no funds are appropriated by the Arizona Legislature or no funds are allocated for the project proposed herein by the DUI Abatement Council for subsequent fiscal years, this Agreement 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 Agreement or project that may so become null and void. XVI. Continuation of DUI Abatement Program It is the intention of AGENCY to continue the DUI Abatement Program identified in this Agreement once DUI Abatement Council 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. XVII. 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. XVIII. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Agreement and proceed to close said operations under the Agreement. 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 Agreement 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 Agreement and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 14 XIX. Cancellation Statute All parties are hereby put on notice that this Agreement is subject to cancellation pursuant to ARS §38-511, the provisions of which are stated below. In accordance with ARS §38-511, this Agreement may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter or the Agreement. 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 Agreement unless the notice specifies a later time. Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 15 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 Agreement is subject to ARS §28-602, and all administrative regulations governing grants established by the STATE. It is expressly agreed that this DUI Abatement Grant Project constitutes an official part of the STATE's DUI Abatement Council Program and that AGENCY will meet the requirements as set forth in the accompanying DUIAC Project Director's Manual, which are incorporated herein and made a part of this Agreement. All State Statutes, Rules, Regulations, and Circulars referenced in this Agreement 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 DUI Abatement Council Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State Statutes, Rules and Regulations identified in this Agreement. Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under agreement with other Federal or State fund sources which duplicate or overlap any work contemplated or described in this Agreement. It is further certified that any pending or proposed request for other Federal or State grant funds which would duplicate or overlap work described in the Agreement will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal or State 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 Agreement. If such audit has not been performed, please advise when it is being scheduled. Buy America Act In accordance with the Buy America Act (49 U.S.C. 5323(j)): Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 16 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number: Fax Number: E-mail Address: 2. Agency's Fiscal Contact: Name: Title: Telephone Number: Fax Number: E-mail Address: Federal Identification Number: 3. REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 17 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 State 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 the Arizona Legislature, an officer or employee of the Arizona Legislature, or an employee of a Member of the Arizona Legislature in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. B. If any funds other than State 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 the Arizona Legislature, an officer or employee of the Arizona Legislature, or an employee of a Member of the Arizona Legislature in connection with this State contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form, "Disclosure Form to Report Lobbying," in accordance with the Arizona Secretary of State 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. Signature of Project Director: Signature of Authorized Official of Governmental Unit: Jerry Rozema, Chief Jamsheed Mehta, Town Manager Marana Police Department Town of Marana Date Telephone Date Telephone Marana Police Department DUI ABATEMENT COUNCIL AGREEMENT DUIAC-E-130 18 AUTHORITY & FUNDS 1. This Project is authorized by ARS §28-1303, and the funds authorized for this Project have been provided for by ARS §28-1304. The expenses are up-front under DUI Abatement Council’s Enforcement program area, as approved for by the DUI Abatement Council. 2. A. EFFECTIVE DATE: B. STATE FUNDS: Authorization to Proceed Date $45,000.00 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the Oversight Council on Driving or Operating Under the Influence Abatement _____________________________________ ___________________________________ Alberto Gutier, Director Date Governor’s Highway Safety Representative