HomeMy WebLinkAboutResolution 2020-116 Authorizing Excute GOHS Contract MARANA RESOLUTION NO. 2020-116
RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
CHIEF OF POLICE AND THE TOWN MANAGER TO EXECUTE GOHS CONTRACT
NUMBERS 2021-PTS-033 AND 2021-11-003 BETWEEN THE STATE OF ARIZONA BY
AND THROUGH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY (GOHS) AND
THE TOWN OF MARANA FOR GRANT FUNDING FOR DUI/IMPAIRED DRIVING
ENFORCEMENT PROGRAM AND STEP ENFORCEMENT PROGRAM
WHEREAS the State of Arizona, by and through the Governor's Office of
Highway Safety (GOHS) sought proposals from state and local agencies for projects
relating to all aspects of highway safety; and
WHEREAS on February 4, 2020, the Town Council adopted Resolution No. 2020-
007 authorizing the Chief of Police to apply for funding for FY 2020-2021 in the form of
reimbursable grants from the National Highway Traffic Safety Administration and the
Arizona Oversight Council on Driving or Operating under the Influence Abatement;
and
WHEREAS the Town of Marana recognizes its duty to protect its citizens
through effective police powers; and
WHEREAS GOHS has awarded grant funding to the Marana Police Department
for DUI and speed enforcement; and
WHEREAS the Town Council finds that it is in the best interests of the
community to enter into grant agreements with GOHS to be eligible to receive the
awarded grant funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA AS FOLLOWS:
SECTION 1. GOHS Contract Number 2021-PTS-033, attached to and
incorporated by this reference in this resolution as Exhibit A, and GOHS Contract
Number 2021-11-003, attached to and incorporated by this reference in this resolution as
Exhibit B, between the State of Arizona by and through the Governor's Office of
Highway Safety (GOHS) and the Town of Marana, are hereby approved and the Chief
of Police and the Town Manager are hereby authorized to execute them for and on
behalf of the Town of Marana.
00072543.DOC/1Resolution No.2020-116 - 1 -
SECTION 2. The Town's 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 two approved grant agreements.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 20th day of October, 2020.
Mayor Ed Honea
ATTE , APPROVED AS 0 FORM:
Lfifr k
Cherry L. LL wson, Town Clerk ra► Ca- :y, Tow- #torney
00072543.DOC/]Resolution No.2020-116 - 2 -
EXHIBIT A
GOVERNOR'S OFFICE OF STATE OF ARIZONA
HIGHWAY SAFETY
HIGHWAY SAFETY CONTRACT
This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Contract between the parties hereto unless the Governor's Highway Safety Representative authorizes deviation in writing.
FAIN: 69A37521300004020AZ0 Assistance Listings: 20.600
1. APPLICANT AGENCY GOHS CONTRACT NUMBER:
Marana Police Department 2021-PTS-033
ADDRESS PROGRAM AREA:
11555 W. Civic Center Dr., Marana,AZ 85653 402-PTS
2. GOVERNMENTAL UNIT AGENCY CONTACT:
Town of Marana Kristin Taft
ADDRESS 3. PROJECT TITLE:
11155 W. Civic Center Dr., Marana,AZ 85653 STEP Enforcement
4. GUIDELINES:
402—Police Traffic Services(PTS)
5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 402 funds will support Personnel Services(Overtime),and Employee Related Expenses to enhance
STEP Enforcement throughout the Town of Marana.
6. BUDGET Project Period
COST CATEGORY FFY 2021
I. Personnel Services $21,429.00
II. Employee Related Expenses(40%) $8,571.00
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 $30,000.00
PROJECT PERIOD FROM: Effective Date TO: 09-30-2021
(Date of GOHS Director Signature)
CURRENT GRANT PERIOD FROM: 10-01-2020 TO: 09-30-2021
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $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.
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Marana Police Department SAFETY CONTRACT 2021-PTS-033
PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Number of sworn officers: 96
Total Population in city/town or county: 47,007
Total Road Mileage: Highway: 18 Local:233 Total: 251
2018 2017 2016
Total Crashes 942 806 805
Total Injury Crashes 67 55 55
Total Fatal Crashes 2 3
Total Impaired-related Crashes 29 29 32
Total Impaired-related Serious Injuries 5 12 ' 5
Total Impaired-related Fatalities 0 0 0
Total Speed-related Crashes NA NA NA
Total Speed-related Serious Injuries NA NA NA
Total Speed related Fatalities 1 I 1
The data above represents: County E1 City/Town Ell
Agency Problem/Attempts to Solve Problem:
Due to the Town's rapid rate of growth, there are numerous smaller-scale construction projects in the area,
which exasperate traffic congestion leading to aggressive driving by agitated drivers that project their negative
experiences onto Town Police Officers. Additionally, the Town completed the large scale regional project at
the Ina road interchange raising the interstate overpass to flow over the railroad in 2019. The next phase of this
project is anticipated to begin in 2020 which will close the interstate exit at Rudasill road for more than 1 year.
GOHS funding is the only way in which the Department can support traffic enforcement deployments. Without
this funding,traffic-related incidences in the Town of Marana will dramatically increase. With GOHS funding,
The hope to continue to serve Town residents by keeping the roads safe for everyone and being a constant
visible reminder to drivers of traffic laws and enforcement.
Agency Funding:
Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
STEP Enforcement throughout the Town of Marana.
How Agency Will Solve Problem With Funding:
Overtime dollars will provide the resources necessary for Marana Police Department officers to expand efforts
in GOHS high priority and stressed areas of concern such as reducing the number of high speed drivers on the
roadways and increasing visibility in school and construction zones to serve as a deterrent. The Marana Police
Department is confident that by continuing aggressive traffic enforcement it can reduce the number of speed
related collisions, deaths, injuries, and property damage. Consequently, the department can make the 1-10
corridor and adjacent roadways safer for the residents and visitors.
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PROJECT MEASURES:
Agency Goals:
To decrease the number of speeding-related crashes 10% from 856 during calendar year 2019 to 806 by
December 31, 2021.
To decrease fatalities in speeding-related crashes 10% from 41 in calendar year 2019 to 37 by December 31,
2021.
To decrease serious injuries in speeding-related crashes 10%from 0 in calendar year 2019 to 0 by December
31,2021.
Contract Objectives:
To increase the number of speeding and aggressive driving citations 5%from 1164 during Calendar Year 2019
to 1106 during FFY 2021.
Conduct targeted speed enforcement efforts a minimum of 1 times per month during FFY 2021.
Additional Contract Objectives:
1. Conduct a minimum of four school zone traffic enforcement saturation patrols during FFY2020.
2. Conduct high visibility traffic enforcement saturation patrols during local school's Fall Break,Christmas
Break,and Spring Break during FFY2020.
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GOALS/OBJECTIVES:
Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
STEP Enforcement throughout the Town of Marana.
Expenditures of funding pertaining to the PTS/Selective Traffic Enforcement Program including Personnel
Services and ERE, Materials and Supplies,Capital Equipment,and/or Travel In and Out-of-State shall comply
with the PTS/Selective Traffic Enforcement Program goals provided by the Arizona Governor's Office of
Highway Safety. The PTS/Selective Traffic Enforcement Program goal is to reduce the incidences of traffic
fatalities and injuries resulting from speeding, aggressive driving, red light running, and other forms of risky
driving behavior through enforcement,education, and public awareness throughout the State of Arizona.
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 Speeding
in terms of money,criminal,and human consequences.
The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a
timely manner.Additionally, it is the responsibility of the Marana Police Department to report all holiday task
force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. 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 submit Statistics, Quarterly Reports, and/or Report of Costs Incurred
(RCIs)timely and correctly may delay reimbursement for expenditures to your Agency.
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 STEP/Speed Enforcement Activities
Employee Related Expenses-To support Employee Related Expenses for Agency Overtime
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to
being 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.
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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.
METHOD OF PROCUREMENT:
The application of 2 CFR Part 200 "Procurement Standards" requires that:
Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local
laws and regulations,provided the procurement procedures conform to applicable Federal laws and standards.
The most stringent purchasing requirement at each level must be met. If the Agency does not have a
procurement process,the Agency may use the State procurement process.
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 Agency shall retain copies of all documentation in the project file.
State Contract:
Procurement may be made using an open State contract award.Documents submitted to substantiate purchases
using an open State contract must bear the contract number.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each active 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 the report contains the following information:
➢ Original signatures on all Quarterly Reports and RCIs
• All Quarterly Reports and RCIs shall include the signature of the Project
Director unless prior authorization for another is on file with GOHS.
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Report Schedule
Reporting Period Due Date
1ST Quarterly Report and RCI(October 1 to December 31,2020) January 30,2021 _
2"d Quarterly Report and RCI(January 1 to March 31, 2021) April 20,2021
3rd Quarterly Report and RCI(April 1 to June 30, 2021) July 20, 2021
4th Quarterly Report and RCI(July 1 to September 30,2021) October 15,2021
Final Statement of Accomplishments October 15,2021
The Quarterly Report shall be completed on the form available on-line and can be submitted by email to
the Governor's Office of Highway Safety.
NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER
STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING
SYSTEM,IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT.
Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than
fifteen(15)days after the conclusion of each Federal Fiscal Year(September 30th).All agencies receiving
funding are required to submit a Final Statement of Accomplishments Report.
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.
Kristin Taft,Grants Manager,Marana Police Department,shall serve as Project Administrator.
Gabriela Gallegos, Governor's Office of Highway Safety,shall serve as Project Coordinator.
REPORT OF COSTS INCURRED(RCI):
The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the
Governor's Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the
required report.Agencies may submit additional RCI forms for expenditures when funds have been expended
for which reimbursement is being requested.
Accepted supporting documentation to submit with a Report of Cost Incurred(RCI)includes,but is not limited
to; scanned copies of timesheets, payroll records,paid invoices/purchase orders, and other account records.
RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the
Governor's Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will
not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th).
Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept
fiscal responsibility.
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PROJECT MONITORING:
Highway 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 an opportunity to develop partnerships, share information, and provide
assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project
review and documentation.
Project monitoring 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 Report of Costs Incurred(RCIs)
➢ Desk review of other documents in the project grant files for timely submission and completeness
Monitorin 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(combined) May have an On-Site Review
Desk Review Internal review of all written documentation related to contractual project including,but not
and Phone limited to the Contract,Quarterly Reports,enforcement data,financial data,e-mails, letters,
Conference 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. It 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, areas of improvement, concern, or recognition will be provided
to the grantee.
In-House Documents performance review results including project activities, reimbursement claims
Review review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Contract, Quarterly
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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, areas of improvement, concern, or recognition will be provided
to the grantee.
On-Site Documents performance review results including project activities, reimbursement claims
Monitoring review,equipment purchases,and other information.Reviews applicable information related
to the project(s) including, but not limited to the Contract, 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, areas of improvement, concern,or
recognition, will be provided to the grantee.
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 fiscal
year. Contracted projects displaying any problems may 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 ensure the effective
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 and RCI's
> Supporting documentation(training documentation, inventory sheets, photographs,press releases,
etc.)
In addition, the designated Agency will ensure 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.
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Documentation
The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the Agency's respective Federal file. Findings will be discussed with the 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 may be placed on a performance plan as outlined by the GOHS Director. 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 30th 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 specified, the Agency will submit notification on the
Agency's letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of
Highway Safety a minimum of sixty days(60)prior to the end of the project period.
The Agency shall address all requests to modify the Contract to the Director of the Governor's Office of
Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail.
All requests for modification must bear the signature of the Project Director.
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.
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Marana Police Department SAFETY CONTRACT 2021-PTS-033
ESTIMATED COSTS:
I. Personnel Services(overtime) $21,429.00
II. Employee Related Expenses(ERE)(40%) $8,571.00
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 *$30,000.00
*Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit
reimbursement of Employee Related Expenses from zero (0)to a maximum rate of forty (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$30,000.00.
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QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT AGENCY
ACTIVITY ACTIVITY
Total Contacts(Traffic Stops)
Total Sober Designated Drivers Contacted
Total Know Your Limit Contacts
TOTAL DUI ARRESTS
Total DUI Aggravated
Total DUI Misdemeanor
Total DUI Extreme(.15 or Above)
Under 21 DUI Arrests
Average BAC
Minor Consumption/Possession Citations
Total DUI Drug Arrests
30-Day Vehicle Impounds
Seat Belt Citations
Child Restraint Citations
Criminal Speed Citations
Reckless Driving Citations
Civil Speed Citations
Other Citations(Except Speed)
Other Arrests
Participating Officer/Deputies(Cumulative)
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CERTIFICATIONS AND AGREEMENTS
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. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form
(RC1) 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
XX herein, "Termination and Abandonment".
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B. 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.
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 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 g are less restrictive,
ARS §38-624 will apply.
The State must approve all out-of-state travel in writing and in advance.
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.
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.
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VII. Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be subcontracted
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. Uniform Administrative Requirements
(2 CFR Part 1201): Uniform Administrative Requirements, Cost Prinicples, and Audit Requirements
for Federal Awards:
The application of 2 CFR Part 200 "Procurement Standards" 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.
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XI. Non-Discrimination
During the performance of this contract/funding agreement,the contractor/funding recipient agrees—
A. To comply with all Federal nondiscrimination laws and regulations,as may be amended from time
to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation,as set forth in Appendix B of 49 CFR part 21 and herein;
C. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
D. That,in event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding agreement,the State highway safety agency will have the right to impose
such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not
limited to, withholding payments to the contractor/funding recipient under the contract/agreement
until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part;and
E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement
and in every solicitation for a subcontract or sub-agreement,that receives Federal funds under this
program.
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
The AGENCY will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
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 not discriminate on the basis of race, color, creed, sex, or national origin in the
award and performance of USDOT-assigned contracts.
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XV. Arbitration Clause,ARS§12-1518
Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this Contract where the provisions of
mandatory arbitration apply.
XVI. Inspection and Audit,ARS§35-214
Pursuant to ARS §35-214,all books,accounts,reports,files,and other records relating to this Contract
will be subject at all reasonable times to inspection and audit by STATE for five (5) years after
completion of this Contract.The records will be produced at the Governor's Office of Highway Safety.
XVII. Appropriation of Funds by U.S. Congress
It is agreed that in no event will this Contract be binding on any party hereto unless and until such time
as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project
submitted herein and then only for the fiscal year for which such allocation is made. In the event no
funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein
for subsequent fiscal years,this Contract will be null and void,except as to that portion for which funds
have then been appropriated or allocated to this project, and no right of action or damages will accrue
to the benefit of the parties hereto as to that portion of the Contract or project that may so become null
and void.
XVIII. Continuation of Highway Safety Program
It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once
Federal funding is completed.This intended continuation will be based upon cost effectiveness and an
evaluation by AGENCY of the program's impact on highway safety.
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. Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein,
except that STATE reserves the right, at its discretion,to terminate or abandon any portion of the
project for which services have not been already performed by AGENCY.
B. In the event STATE abandons the services or any part of the services as herein provided, STATE
will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice,
AGENCY will discontinue advancing the work under this Contract and proceed to close said
operations under the Contract.
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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.
XXI. Cancellation Statute
All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38-
511,the provisions of which are stated below.
In accordance with ARS §38-511,this Contract may be cancelled without penalty or further obligation
if any person significantly involved in initiating,negotiating,securing,drafting,or creating the Contract
on behalf 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.
AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject
to 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 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.
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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.
Buy America Act
The State and each subrecipient will comply with the Buy America requirement(23 U.S.C.313)when
purchasing items using Federal funds. Buy America requires a State,or subrecipient,to purchase with
Federal funds only steel, iron, and manufactured products produced in the United States, unless the
Secretary of Transportation determines that such domestically produced items 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 twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the
State must submit a waiver request that provides an adequate basis and justification to and approved
by the Secretary of Transportation.
Prohibition on Using Grant Funds to Check for Helmet Usage
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
Certification Regarding Debarment and Suspension
A. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
B. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective primary tier participant shall
submit an explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary tier participant
to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
C. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary tier participant knowingly rendered an erroneous certification, in
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addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default or may pursue suspension or debarment.
D. The prospective primary tier participant shall provide immediate written notice to the department
or agency to which this proposal is submitted if at any time the prospective primary tier participant
learns its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person,principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180
and 1200.You may contact the department or agency to which this proposal is being submitted for
assistance in obtaining a copy of those regulations.
F. The prospective primary tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9,subpart 9.4,
debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
G. The prospective primary tier participant further agrees by submitting this proposal that it will
include the clause titled Instructions for Lower Tier Certification including the Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered
Transaction, provided by the department or agency entering into this covered transaction,without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
H. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective
lower tier participants, each participant may, but is not required to, check the System for Award
Management Exclusions website(https://www.sam.gov).
I. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause.The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction,in addition to other remedies available
to the Federal government, the department or agency may terminate the transaction for cause of
default.
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Certification Regarding Debarment,Suspension,and Other Responsibility Matter
A. The prospective primary tier participant certifies to the best of its knowledge and belief,that it and
its principal:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining,attempting to obtain,or performing a public(Federal,State or local)transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements,or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph(1)(b)of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions(Federal, State,or local)terminated for cause or default.
B. Where the prospective primary tier participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
A. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
B. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal,and voluntarily excluded, as used in this clause,are defined in 2 CFR parts
180 and 1200. You may contact the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
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debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
F. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled"Instructions for Lower Tier Participant Certification" including the"Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered
Transaction,"without modification,in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
180 and 1200.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended,debarred or otherwise ineligible to participate in covered transactions.
To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier
participants,each participant may,but is not required to,check the System for Award Management
Exclusions Website(https://www.sam.gov).
H. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause.The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion
A. The prospective lower tier participant certifies, by submission of this proposal,that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency.
B. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
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REIMBURSEMENT INSTRUCTIONS
1. Agency Official preparing the Report of Costs Incurred:
Name: Jane McClure
Title: Accountant
Telephone Number: 520-382-2620 Fax Number: 520-382-1902
E-mail Address: jmcclure@maranaaz.gov
2. Agency's Fiscal Contact:
Name: Kristin Taft
Title: Grants Manager
Telephone Number: 520-382-2679 Fax Number: 520-382-1902
E-mail Address: ktaft@maranaaz.gov
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 Centar Drive
(Address)
Marana, AZ, 85653
(City, State,Zip Code)
4. DUNS Number:
098034143
(DUNS#)
Same
(Registered Address&Zip Code)
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect(e.g., "grassroots")lobbying activities, with one exception.This does not preclude a State
official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
Certification for Contracts,Grant, Loans,and Cooperative Agreements(Federal Lobbying)
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 shall 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 section 1352,title 31,U.S.Code.Any person who fails
to file the required certification shall 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:
Reuben Nunez, Interim Chief Terry Rozema, Interim Town
Marana Police Department Manager Town of Marana
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-
PTS,as approved for by the National Highway Traffic Safety Administration.
2. A. EFFECTIVE DATE: B. FEDERAL FUNDS:
Authorization to Proceed Date 530,000.00
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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EXHIBIT 8
GOVERNOR'S OFFICE OF STATE OF ARIZONA
HIGHWAY SAFETY
HIGHWAY SAFETY CONTRACT
This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Contract between the parties hereto unless the Governor's Highway Safety Representative authorizes deviation in writing.
FAIN: 69A3752130000405dAZM Assistance Listings: 20.616
1. APPLICANT AGENCY GOHS CONTRACT NUMBER:
Marana Police Department 2021-II-003
ADDRESS PROGRAM AREA:
11555 W.Civic Center Dr., Marana,AZ 85653 405d
2. GOVERNMENTAL UNIT AGENCY CONTACT:
Town of Marana Kristin Taft
ADDRESS 3.PROJECT TITLE:
11155 W. Civic Center Dr.,Marana,AZ 85653 DUI/Impaired Driving Enforcement Overtime
4. GUIDELINES:
405d
5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 405d funds will support Personnel Services(Overtime), and Employee Related Expenses to enhance
DUI/Impaired Driving Enforcement throughout the Town of Marana.
6. BUDGET Project Period
COST CATEGORY FFY 2021
I. Personnel Services $28,571.00
II. Employee Related Expenses(40%) $11,429.00
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 $40,000.00
PROJECT PERIOD FROM: Effective Date TO: 09-30-2021
(Date of GOHS Director Signature)
CURRENT GRANT PERIOD FROM: 10-01-2020 TO: 09-30-2021
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $40,000.00
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.
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PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Number of sworn officers: 96
Total Population in city/town or county: 47,007
Total Road Mileage: Highway: 18 Local: 233 Total: 251
2018 2017 2016
Total Crashes 942 906 805
Totallnjury Crashes 67 55 55
Total Fatal Crashes 2 1 1
Total Impaired related Crashes 28 29 s32
Total Impaired related Serious Injuries 5 '.'12 '5
Total Impaired-related Fatalities 0 0 0
Total Speed-related Crashes NA NA NA
Total Speed related Serious Injuries 'NA NA NA
Total Speed related Fatalities `1 _ 1
The data above represents: County 1=1 City/Town 0
Agency Problem/Attempts to Solve Problem:
The Town has continued to see a steady increase in the number of residents and new businesses, which are
positive additions to the Town. Unfortunately, officer staffing levels have not kept up with the increase in
demand for service,resulting in increased workloads that are at times reactionary in nature.This staffing strain
has resulted in very minimal time for officers to do proactive enforcement and education with the public.
Staffing enforcement deployments during regular work hours is extremely challenging and many times only
feasible with overtime provided by critical grants like the GOHS grants. Therefore, the Town is seeking the
continuation of GOHS support to reduce DUI traffic incidences.
The Marana Police Department actively works on impaired driving related issues through a focus on
enforcement and education.The Department has traditionally had a large number of arrests with extreme blood
alcohol concentration.There are numerous areas in and around the Town with a high concentration of alcohol-
serving establishments,which has generated an extreme number of impaired drivers, exasperating the Town's
DUI related traffic concerns.
Agency Funding:
Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
DUI/Impaired Driving Enforcement throughout the Town of Marana.
How Agency Will Solve Problem With Funding:
The Marana Police Department is confident that continuing aggressive DUI enforcement and community
education will reduce the number of impaired driver incidents,collisions,deaths,injuries,and property damage
caused by impaired drivers. Consequently, the department can make the I-10 corridor and adjacent roadways
safer for the residents and visitors.
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PROJECT MEASURES:
To decrease the number of impaired driving-related crashes 10%from 164 during calendar year 2019 to 148
by December 31, 2021.
To decrease fatalities in impaired driving-related crashes 50%from 2 in calendar year 2019 to 1 by December
31,2021.
To decrease injuries in impaired driving-related crashes 10%from 0 in calendar year 2019 to 0 by December
31,2021.
Contract Objectives:
To participate in a minimum of 3 DUI saturation patrols per quarter during FFY 2021.
To participate in a minimum of 1 DUI task force operations per quarter during FFY 2021.
Additional Contract Objectives:
1. Conduct a minimum of two extra department DUI deployments during FFY2020.
2.Conduct a minimum of two DUI training sessions for enforcement personnel during FFY 2020.
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GOALS/OBJECTIVES:
Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
DUI/Impaired Driving Enforcement throughout the Town of Marana.
Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE,
Materials and Supplies, Capital Equipment,and/or Travel In and Out-of-State shall comply with the Impaired
Driving Program goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving
Program goal is to reduce the incidences of alcohol and drug related driving fatalities and injuries through
enforcement, education, and public awareness throughout the State of Arizona. Law enforcement personnel
participating in Impaired Driving Enforcement/DUI activities including, DUI Task Force details under this
program, shall be HGN/SFST certified.
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/Impaired Driving in terms of money,criminal,and human consequences.
The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a
timely manner.Additionally, it is the responsibility of the Marana Police Department to report all holiday task
force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. 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 submit Statistics, Quarterly Reports, and/or Report of Costs Incurred
(RCIs)timely and correctly may delay reimbursement for expenditures to your Agency.
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 DUI/Impaired Driving Enforcement Activities
Employee Related Expenses-To support Employee Related Expenses for Agency Overtime
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to
being 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.
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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.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that
accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police(IACP)that are currently in effect.
METHOD OF PROCUREMENT:
The application of 2 CFR Part 200 "Procurement Standards" requires that:
Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local
laws and regulations,provided the procurement procedures conform to applicable Federal laws and standards.
The most stringent purchasing requirement at each level must be met. If the Agency does not have a
procurement process,the Agency may use the State procurement process.
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 Agency shall retain copies of all documentation in the project file.
State Contract:
Procurement may be made using an open State contract award. Documents submitted to substantiate purchases
using an open State contract must bear the contract number.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each active 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 the report contains the following information:
➢ Original signatures on all Quarterly Reports and RCIs
• All Quarterly Reports and RCIs shall include the signature of the Project
Director unless prior authorization for another is on file with GOHS.
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Report Schedule
Reporting Period Due Date
1St Quarterly Report and RCI(October 1 to December 31,2020) January 30, 2021
2' Quarterly Report and RCI(January 1 to March 31, 2021) April 20, 2021
3rd Quarterly Report and RCI(April l to June 30,2021) July 20,2021
4th Quarterly Report and RCI(July 1 to September 30, 2021) October 15,2021
Final Statement of Accomplishments October 15,2021
The Quarterly Report shall be completed on the form available on-line and can be submitted by email to
the Governor's Office of Highway Safety.
NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER
STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING
SYSTEM,IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT.
Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than
fifteen(15)days after the conclusion of each Federal Fiscal Year(September 30th).All agencies receiving
funding are required to submit a Final Statement of Accomplishments Report.
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.
Kristin Taft, Grants Manager,Marana Police Department,shall serve as Project Administrator.
Gabriela Gallegos,Governor's Office of Highway Safety,shall serve as Project Coordinator.
REPORT OF COSTS INCURRED(RCI):
The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the
Governor's Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the
required report. Agencies may submit additional RCI forms for expenditures when funds have been expended
for which reimbursement is being requested.
Accepted supporting documentation to submit with a Report of Cost Incurred(RCI) includes,but is not limited
to;scanned copies of timesheets, payroll records,paid invoices/purchase orders,and other account records.
RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the
Governor's Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will
not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th).
Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept
fiscal responsibility.
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PROJECT MONITORING:
Highway 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 an opportunity to develop partnerships, share information, and provide
assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project
review and documentation.
Project monitoring 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 Report of Costs 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(combined) May have an On-Site Review
Desk Review Internal review of all written documentation related to contractual project including,but not
and Phone limited to the Contract,Quarterly Reports, enforcement data,financial data,e-mails, letters,
Conference 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. It 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, areas of improvement, concern, or recognition will be provided
to the grantee.
In-House Documents performance review results including project activities, reimbursement claims
Review review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Contract, Quarterly
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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, areas of improvement, concern, or recognition will be provided
to the grantee.
On-Site Documents performance review results including project activities, reimbursement claims
Monitoring review,equipment purchases,and other information.Reviews applicable information related
to the project(s) including, but not limited to the Contract, 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,areas of improvement,concern,or
recognition,will be provided to the grantee.
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 fiscal
year. Contracted projects displaying any problems may 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 ensure the effective
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 and RCI's
➢ Supporting documentation(training documentation, inventory sheets,photographs,press releases,
etc.)
In addition, the designated Agency will ensure 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.
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Documentation
The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the Agency's respective Federal file. Findings will be discussed with the 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 may be placed on a performance plan as outlined by the GOHS Director. 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 30th 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 specified, the Agency will submit notification on the
Agency's letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of
Highway Safety a minimum of sixty days(60)prior to the end of the project period.
The Agency shall address all requests to modify the Contract to the Director of the Governor's Office of
Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail.
All requests for modification must bear the signature of the Project Director.
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.
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ESTIMATED COSTS:
1. Personnel Services(overtime) $28,571.00
II. Employee Related Expenses(ERE)(40%) $11,429.00
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 *$40,000.00
*Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit
reimbursement of Employee Related Expenses from zero(0)to a maximum rate of forty (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$40,000.00.
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QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT AGENCY
ACTIVITY ACTIVITY
Total Contacts(Traffic Stops)
Total Sober Designated Drivers Contacted
Total Know Your Limit Contacts
TOTAL DUI ARRESTS
Total DUI Aggravated
Total DUI Misdemeanor
Total DUI Extreme(.15 or Above)
Under 21 DUI Arrests
Average BAC
Minor Consumption/Possession Citations
Total DUI Drug Arrests
30-Day Vehicle Impounds
Seat Belt Citations
Child Restraint Citations
Criminal Speed Citations
Reckless Driving Citations
Civil Speed Citations
Other Citations(Except Speed)
Other Arrests
Participating Officer/Deputies(Cumulative)
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CERTIFICATIONS AND AGREEMENTS
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. 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
XX herein, "Termination and Abandonment".
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B. 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.
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 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 will apply.
The State must approve all out-of-state travel in writing and in advance.
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.
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.
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VII. Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be subcontracted
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. Uniform Administrative Requirements
(2 CFR Part 1201): Uniform Administrative Requirements, Cost Prinicples, and Audit Requirements
for Federal Awards:
The application of 2 CFR Part 200 "Procurement Standards" 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.
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XI. Non-Discrimination
During the performance of this contract/funding agreement,the contractor/funding recipient agrees—
A. To comply with all Federal nondiscrimination laws and regulations,as may be amended from time
to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR part 21 and herein;
C. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office,US DOT or NHTSA;
D. That,in event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding agreement,the State highway safety agency will have the right to impose
such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not
limited to,withholding payments to the contractor/funding recipient under the contract/agreement
until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part;and
E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement
and in every solicitation for a subcontract or sub-agreement,that receives Federal funds under this
program.
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
The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
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 not discriminate on the basis of race, color, creed, sex, or national origin in the
award and performance of USDOT-assigned contracts.
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XV. Arbitration Clause,ARS§12-1518
Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this Contract where the provisions of
mandatory arbitration apply.
XVI. Inspection and Audit,ARS§35-214
Pursuant to ARS §35-214,all books,accounts,reports,files,and other records relating to this Contract
will be subject at all reasonable times to inspection and audit by STATE for five (5) years after
completion of this Contract.The records will be produced at the Governor's Office of Highway Safety.
XVII. Appropriation of Funds by U.S. Congress
It is agreed that in no event will this Contract be binding on any party hereto unless and until such time
as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project
submitted herein and then only for the fiscal year for which such allocation is made. In the event no
funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein
for subsequent fiscal years,this Contract will be null and void,except as to that portion for which funds
have then been appropriated or allocated to this project, and no right of action or damages will accrue
to the benefit of the parties hereto as to that portion of the Contract or project that may so become null
and void.
XVIII. Continuation of Highway Safety Program
It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once
Federal funding is completed.This intended continuation will be based upon cost effectiveness and an
evaluation by AGENCY of the program's impact on highway safety.
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. Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein,
except that STATE reserves the right, at its discretion,to terminate or abandon any portion of the
project for which services have not been already performed by AGENCY.
B. In the event STATE abandons the services or any part of the services as herein provided, STATE
will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice,
AGENCY will discontinue advancing the work under this Contract and proceed to close said
operations under the Contract.
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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.
XXI. Cancellation Statute
All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38-
511,the provisions of which are stated below.
In accordance with ARS §38-511,this Contract may be cancelled without penalty or further obligation
if any person significantly involved in initiating,negotiating,securing,drafting,or creating the Contract
on behalf 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.
AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject
to 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 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.
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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.
Buy America Act
The State and each subrecipient will comply with the Buy America requirement(23 U.S.C.313)when
purchasing items using Federal funds. Buy America requires a State,or subrecipient,to purchase with
Federal funds only steel, iron, and manufactured products produced in the United States, unless the
Secretary of Transportation determines that such domestically produced items 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 twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the
State must submit a waiver request that provides an adequate basis and justification to and approved
by the Secretary of Transportation.
Prohibition on Using Grant Funds to Check for Helmet Usage
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
Certification Regarding Debarment and Suspension
A. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
B. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective primary tier participant shall
submit an explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary tier participant
to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
C. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary tier participant knowingly rendered an erroneous certification, in
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addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default or may pursue suspension or debarment.
D. The prospective primary tier participant shall provide immediate written notice to the department
or agency to which this proposal is submitted if at any time the prospective primary tier participant
learns its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person,principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180
and 1200.You may contact the department or agency to which this proposal is being submitted for
assistance in obtaining a copy of those regulations.
F. The prospective primary tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9,subpart 9.4,
debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
G. The prospective primary tier participant further agrees by submitting this proposal that it will
include the clause titled Instructions for Lower Tier Certification including the Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered
Transaction,provided by the department or agency entering into this covered transaction,without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
H. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective
lower tier participants, each participant may, but is not required to, check the System for Award
Management Exclusions website(https://www.sam.gov).
I. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause.The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal government, the department or agency may terminate the transaction for cause of
default.
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Certification Regarding Debarment,Suspension,and Other Responsibility Matter
A. The prospective primary tier participant certifies to the best of its knowledge and belief,that it and
its principal:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining,attempting to obtain,or performing a public(Federal,State or local)transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph(1)(b)of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions(Federal, State, or local)terminated for cause or default.
B. Where the prospective primary tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
A. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
B. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies,including suspension or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded,as used in this clause, are defined in 2 CFR parts
180 and 1200. You may contact the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
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Marana Police Department SAFETY CONTRACT 2021-II-003
debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
F. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled"Instructions for Lower Tier Participant Certification" including the"Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered
Transaction,"without modification,in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
180 and 1200.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended,debarred or otherwise ineligible to participate in covered transactions.
To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier
participants,each participant may,but is not required to,check the System for Award Management
Exclusions Website(https://www.sam.gov).
H. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause.The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion
A. The prospective lower tier participant certifies, by submission of this proposal,that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency.
B. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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REIMBURSEMENT INSTRUCTIONS
1. Agency Official preparing the Report of Costs Incurred:
Name: Jane McClure
Title: Accountant
Telephone Number: 520-382-2620 Fax Number: 520-382-1902
E-mail Address: jmcclure@maranaaz.gov
2. Agency's Fiscal Contact:
Name: Kristin Taft
Title: Grants Manager
Telephone Number: 520-382-2679 Fax Number: 520-382-1902
E-mail Address: ktaft@maranaa7 goy
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)
4. DUNS Number:
098034143
(DUNS#)
Same
(Registered Address&Zip Code)
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect(e.g., "grassroots") lobbying activities,with one exception. This does not preclude a State
official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
Certification for Contracts,Grant,Loans,and Cooperative Agreements(Federal Lobbying)
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 shall 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 section 1352,title 31,U.S.Code.Any person who fails
to file the required certification shall 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:
Reuben Nunez, Interim Chief Terry Rozema, Interim Town
Marana Police Department Manager Town of Marana
Date Telephone Date Telephone
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Marana Police Department SAFETY CONTRACT 2021-I1-003
AUTHORITY& FUNDS
1. This Project is authorized by 23 U.S.C. §405 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 405d,
as approved for by the National Highway Traffic Safety Administration.
2. A. EFFECTIVE DATE: B. FEDERAL FUNDS:
Authorization to Proceed Date S40,000.00
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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