HomeMy WebLinkAboutResolution 2021-030 Approving to Execute the GOHS Contract Between the State of AZ by and through GOHS and TOM for funding for Equipment for the Marana Police Department MARANA RESOLUTION NO. 2021-030
RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE THE GOVERNOR'S OFFICE OF HIGHWAY
SAFETY (GOHS) CONTRACT NUMBER 2021-207-053 BETWEEN THE STATE OF
ARIZONA BY AND THROUGH GOHS AND THE TOWN OF MARANA FOR
FUNDING FOR EQUIPMENT FOR THE MARANA POLICE DEPARTMENT
WHEREAS the State of Arizona, by and through the Governor's Office of
Highway Safety (GOHS) received funding from the passage of Proposition 207 "The
Smart and Safe Arizona Act"; and
WHEREAS the Marana Police Department has been awarded $59,800 in GOHS
Contract No. 2020-207-053 from Proposition 207 funding for the purchase of equipment;
and
WHEREAS the Town of Marana recognizes its duty to protect its citizens
through effective police powers; and
WHEREAS the Town Council finds that it is in the best interests of the
community to enter into the contract with GOHS to be eligible to receive the awarded
funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA AS FOLLOWS:
SECTION 1. GOHS Contract Number 2020-207-053, attached to and incorporated
by this reference in this resolution as Exhibit A between the State of Arizona by and
through the Governor's Office of Highway Safety (GOHS) and the Town of Marana, is
hereby approved and the Chief of Police is hereby authorized to execute it for and on
behalf of the Town of Marana.
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 contract.
Resolution No.2021-030 - 1 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 16th day of February, 2021.
Z.4 t...1 fr-7.--..-{„
Mayor Ed Honea
ATTES/ APPROVE P AS TO FORM:
410114, •••'
Cherry L. L. son, Town Clerk Jane .'. all fn Attorney
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MARANA AZ
ESTABLISHED 1977
Resolution No.2021-030 - 2 -
O4cce of EXHIBIT A
111
fi DOUGLAS A.DUCEY ALBERTO GUTIER
44)
Alla GOVERNOR DIRECTOR
C ARIZONA 2.
GOVERNOR'S HIGHWAY SAFETY REPRESENTATIVE
Chief Reuben Nunez PROJECT REFERENCE:
Marana Police Department Contract Number: 2021-207-053
11555 W. Civic Center Drive Total Estimated Costs: $59,800.00
Marana,Arizona 85653 Purpose of Project: Proposition 207 Funding
Materials and Supplies: Vehicle Graphics&Outfitting,
and Capital Outlay Equipment: 1 Police Package Ford
Truck.
Dear Chief Nunez,
Attached is one copy of the referenced Proposition 207 Funding Contract for your review and signature. This is
not an authorization to proceed with the project.
Please complete the following steps:
1. Review the entire contract as there have been significant changes throughout the contract;
2. GOHS requires one single-sided copy with an original signature.
3. Have your fiscal staff complete the Reimbursement Instructions(page 6);
4. As Agency Head,sign and date the signature page;
5. Return one completed and signed copy to the Governor's Office of Highway Safety, 1700 West Washington
Street, Executive Tower, Suite 430,Phoenix,Arizona 85007.
Please do not incur any costs at this time as it would nullify the contract. Once the signed copy is received,I will
approve and sign the contract as the GOBS Director•'Governor's Highway Safety Representative and an original
executed contract with authorization to proceed will be forwarded to you.
Sincer•1y,
Alberto Gutier, I►
Governor's Highway Safety Representative Date
Enclosures
1700 WEST WASHINGTON STREET,EXECUTIVE TOWER,SUITE 430,PHOENIX,ARIZONA 85007
TELEPHONE(602)255-3216 I TOLL FREE(877)355-3216 I FAx(602)255-1265
WWW.AZGOHS.GOV
Qice of.„ r'
.c, �� 2021 CONTRACT
207 FUND
° ARI Or4 Pi m t
Douglas A,Duce}
Governor
AGENCY GOHS CONTRACT NUMBER
MARANA POLICE DEPARTMENT 2021-207-053
ADDRESS PROGRAM AREA
11555 w. Civic Center Drive,Marana, Arizona 85653 207 FUND
AGENCY CONTACT PHONE
Kristin Taft 520-382-2679
GOHS GRANT COORDINATOR PHONE
Ellen Bourget 602-255-3213
PURPOSE OF PROJECT
Prop 207 Funds will support Materials and Supplies: Vehicle Graphics&Outfitting,and Capital Outlay Equipment: 1
Police Package Ford Truck.
BUDGET COST CATEGORY Project Period
CY 2021
1. Personnel Services $0.00
2. Employee Related Expenses (40%) $0.00
3. Professional and Outside Services $0.00
4. Travel In-State $0.00
5. Travel Out-of-State $0.00
6. Materials and Supplies $15,300.00
7. Capital Outlay $44,500.00
TOTAL ESTIMATED COSTS $59,800.00
CURRENT GRANT PERIOD FROM: 01-01-2021 TO: 12-31-2021
TOTAL 207 FUNDS OBLIGATED THIS CY: $59,800.00
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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GOALS AND OBJECTIVES:
The Agency will make expenditures,to meet the outlined Program Goals/Objectives:
(a) Reducing impaired driving, including conducting training programs and purchasing equipment for
detecting testing and enforcing laws against driving, flying or boating while impaired.
(b) Equipment,training and personnel costs for dedicated traffic enforcement.
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.
SPECIFIC REOUIREMENTS:
PROFESSIONAL AND OUTSIDE SERVICES/PUBLIC INFORMATION/MEDIA—
Requirements for Professional and Outside Services:
A copy of all Contracts for"Professional and Outside Services" must be submitted to the GOHS Director for
written approval before execution.
Requirements for Public Information and Education Materials:
Prior to the printing and distribution of public information and education materials,a sample will be provided
to the GOHS Director for review and written approval.
Requirements for Paid Media:
All paid media must be preapproved by the GOHS Director to ensure that consistent messages are sent
statewide. Requests for paid media must include, at a minimum, scripts, description of target audience (to
include methodology for identifying target audience),type of media to be utilized(electronic,print),campaign
schedule,and budget.Additional information may be requested on a case-by-case basis.
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:
IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL
AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS ENFORCEMENT REPORTING
SYSTEM.
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 Calendar Year (December 31th). 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 State funds or termination of the
Contract.
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 delivered via email or mail with appropriate
supporting documentation to the Governor's Office of Highway Safety. Final RCIs will not be accepted fifteen
(15) days after the conclusion of each Calendar Year (December 31st). Expenditures submitted after the
expiration date may not be reimbursed and the Agency will accept financial responsibility.
PROJECT MONITORING:
207 Fund grant project monitoring is used by the GOHS project coordinator 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
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assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project
review and documentation.
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 calendar year. If the Agency is unable to expend the funds in the time specified,
the Agency will submit notification on the Agency's letterhead and submit via regular mail to the Director of
the Governor's Office of Highway Safety. 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 submit the request via
regular mail. All requests for modification must bear the signature of the Agency Head. Failure to comply
may result in cancellation of the Contract. Any unexpended funds remaining at the termination of the
Contract shall be negotiated with the Director of the Governor's Office of Highway Safety.
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.
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.
CERTIFICATIONS AND AGREEMENTS
This CONTRACT, is made and entered into by the STATE OF ARIZONA, by and through the Governor's
Office of Highway Safety(DOHS)hereinafter referred to as"STATE", and the agency named in this Contract,
hereinafter referred to as "AGENCY".
WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies,
governments,or political subdivisions upon application and approval by STATE,and
WHEREAS, AGENCY has submitted an application for Funds for 207 funds 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 State Statutes,Rules,and Regulations:
I. Project Monitoring,Reports,and Inspections
A. AGENCY agrees to fully cooperate with representatives of GOHS in monitoring the project, either
on-site or by telephone,during the life of the Contract.
B. AGENCY will submit a Final Report on the Contract to include all financial, performance, and
other reports required as a condition of the grant to GOHS within thirty(30)days of the completion
of the Contract.
II. Reimbursement of Eligible Expenses
A. AGENCY's Project Administrator, 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".
B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which State funds
have been claimed and reimbursement received, as may have been determined by a State audit.
C. STATE will have the right to withhold any installments equal to the reimbursement received by
AGENCY for prior installments which have been subsequently determined to be ineligible or
unauthorized.
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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 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 GOHS,or unless otherwise provided elsewhere in this Contract.
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.
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.
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.
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.
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,
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AGENCY will discontinue advancing the work under this Contract and proceed to close said
operations under the Contract.
C. The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final
reimbursement made to AGENCY on the basis of costs incurred. Upon termination or
abandonment,AGENCY will deliver to STATE all documents,completely or partially completed,
together with all unused materials supplied by STATE.
D. AGENCY may terminate or abandon this Contract upon thirty(30)days written notice to 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: 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.
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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 ov , w
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 Center Drive
(Address)
Marana,AZ 85653
(City, State,Zip Code)
Signature of Agency Head: Signature of Secondary Official
(If applicable)
Reuben Nunez, Chief of Police
Marana Police Department
(.... "R..... ...
eV
Date Telephone Date Telephone
AUTHORITY
I. This Project is authorized by A.R.S 36-2817 and regulations promulgated there under. The funds
authorized for this Project have been appropriated and budgeted by the"Smart and Safe Arizona Act"The
expenses are reimbursable under Proposition 207 passed into Arizona's Constitution November 30, 2020.
2. 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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