DUIAC-E-218 MCSO GRANT AGREEMENT.PDF
Extracted text (via pymupdf)
44005 characters
1
DUIAC ENFORCEMENT PROGRAM
GRANT AGREEMENT
The Oversight Council on Driving or Operating Under the Influence Abatement is hereafter referred to as the
DUI Abatement Council, DUIAC, or Council in this agreement. This page and the DUIAC Project Director’s
Manual incorporated herein by reference constitute the entire agreement between the parties hereto unless
deviation is authorized in writing by the DUI Abatement Council.
APPLICANT AGENCY
Maricopa County Sheriff's Office (MCSO)
AGREEMENT NUMBER
DUIAC-E-218
ADDRESS
550 W Jackson St, Phoenix, Arizona, 85003
PROGRAM AREA
Enforcement
GOVERNMENTAL UNIT
Maricopa County Board of Supervisors
AGENCY CONTACT
Dallas Cotts
ADDRESS
301 W Jefferson St, Phoenix, Arizona, 85003
PROJECT TITLE
DUI/Impaired Driving Enforcement and
Training Overtime
BRIEFLY STATE PURPOSE OF PROJECT:
State DUI Abatement Funds will support Personnel Services (Overtime) and Employee Related Expenses
to enhance DUI Enforcement and Training Overtime Activities throughout the County of Maricopa.
BUDGET
COST CATEGORY
Project Period
SFY 2027
I.
Personnel Services
$50,000.00
II.
Employee Related Expenses (40%)
$20,000.00
III.
Professional and Outside Services
$0.00
IV.
Materials and Supplies
$0.00
V.
Capital Outlay
$0.00
TOTAL ESTIMATED COSTS
$70,000.00
PROJECT PERIOD
FROM: Effective Date
(Date of Authorization to Proceed Signature)
TO: 06-30-2027
CURRENT GRANT PERIOD
FROM: 07-01-2026
TO: 06-30-2027
TOTAL DUI ABATEMENT FUNDS OBLIGATED FOR THIS AGREEMENT PERIOD: $70,000.00
A political subdivision or state agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this agreement must do so prior to incurring any expenditures. Failure to do so
may result in termination of the awarded agreement.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
2
PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Maricopa County's estimated population is 4.9 million, making up more than half of Arizona's
population, and is ever increasing. Auto crashes involving motor vehicles are one of the leading causes
of preventable death in the United States, with 1 in 3 crash deaths involving impaired driving. In 2024,
vehicle crashes in Maricopa County alone accounted for 72.74% of all crashes in Arizona and 50.13%
of fatal crashes in Arizona.
From 2023-2024, Maricopa County's overall crashes increased about 1% (0.098%). Overall crashes
in Maricopa County increased from 87,237 in (2023) to 88,094 (2024) and impaired injury crashes
continue to rise at a 19.6% increase from 265 (2023) to 317 (2024) or 59.2% over two years. Overall
fatal vehicle collisions were down -13.44% due to strong enforcement efforts, but fatal collisions
involving impairment and/or speed increased.
Organization size/number of sworn officers: 3,500
Total population in city/town/county served: 4,600,000
Total road mileage: Highway: 1,040, Local: 20,779, Total: 21,819
Jurisdiction: County
Agency Problem/Attempts to Solve Problem:
The Maricopa County Sheriff's Office (MCSO) has an enormous responsibility to protect citizens from
impaired drivers by providing DUI and alcohol-related traffic enforcement. Detection and removal of
impaired drivers from roadways is critical; therefore, it is crucial to the safety of all motorists driving on
county roadways. Over the past several years, MCSO has seen minimal staffing increases with patrol
deputies in county districts, and deputies focus on calls for service during their entire shift, which
greatly reduces their ability to concentrate on traffic enforcement.
MCSO has provided impaired driving enforcement efforts through participation in GOHS DUI Task
Force Events and selective traffic enforcement efforts with deputies trained in DUI detection. This was
a significant portion of the agency’s 3.6% increase to 21,155 traffic stops (2024), resulting in 405 DUI
arrests. These Task Force events are extremely effective when there are multiple agencies working
together along with specialized resources in DRE and Phlebotomy.
Agency Funding:
State DUI Abatement Funds will support Personnel Services (Overtime) and Employee Related
Expenses to enhance DUI Enforcement and Training Overtime Activities throughout the County of
Maricopa.
How Agency Will Solve Problem With Funding:
The State of Arizona needs more properly trained law enforcement on roadways looking for impaired
drivers. MCSO intends to use DUI Abatement grant funds to conduct training related to DRE, ARIDE,
and HGN schools within Arizona, as well as to assist other agencies. Funding will assist with training
deputies and officers, which will prevent or deter occurrences of driving or operating under the
influence in a motor vehicle or motorized watercraft. Traffic enforcement also plays a critical role in
deterring impaired driving. MCSO will continue to detect, evaluate, arrest, and process impaired
drivers.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
3
PROGRAM MEASURES:
Grant Agreement Objectives:
Assist other agencies with instruction for HGN, ARIDE, DRE, and DITEP classes throughout the state
of Arizona, instructing classes at the Maricopa County Sheriff’s Office, and getting personnel trained
to work the road or special events like a DUI Task Force.
Deputies who are DREs and Phlebotomists rely on overtime funding for callouts on Vehicular Crimes
Unit (VCU) cases and for the Patrol Districts. Grant funds will be utilized for the education of law
enforcement professionals in order to provide a better knowledge base in locating and removing
impaired drives from the roadway.
MCSO will participate in DUI and saturation patrols in both the East and West Valley DUI Task Forces.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
4
GOALS/OBJECTIVES:
State DUI Abatement Funds will support Personnel Services (Overtime) and Employee Related
Expenses to enhance DUI Enforcement and Training Overtime Activities throughout the County of
Maricopa.
IMPAIRED DRIVING OR OPERATING ENFORCEMENT PROGRAMS
Expenditures of funding pertaining to Impaired Driving or Operating Enforcement Programs, including
Personnel Services and ERE, Materials & Supplies, and/or Capital Equipment, shall comply with the
Impaired Driving or Operating Program Goals of the DUI Abatement Council in conjunction with those
provided by the Arizona Governor’s Office of Highway Safety. The Impaired Driving or Operating
Program Goal is to reduce the incidence of alcohol and drug-related driving or operating fatalities and
injuries through enforcement, education, and public awareness throughout the State of Arizona. Law
Enforcement personnel participating in Impaired Driving or Operating Enforcement/DUI activities,
including DUI Task Force details under this program, shall be HGN/SFST certified.
MEDIA RELEASE
To prepare complete press release information for media (television, radio, print and on-line) during
each campaign period including a main press release, schedule of events, departmental plans and
relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement
and the high cost of DUI / Alcohol in terms of money, criminal and human consequences.
METHOD OF PROCEDURE:
The Maricopa County Sheriff's Office will make expenditures as follows to meet the outlined Program
Goals/Objectives:
Personnel Services – To support Overtime for DUI Abatement Enforcement and Training 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 agreement. A copy of this press release shall be sent to the DUI Abatement
Council at the same time it is sent to the media. This press release shall include the objective and
specify that the funding is from the Oversight Council on Driving or Operating Under the Influence
Abatement.
BAC TESTING AND REPORTING REQUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol
and to assess progress toward reducing impaired driving.
Each law enforcement agency that receives an enforcement-related grant is required to ensure
that this accurate data on all drivers involved are reported. Failure to comply may result in
withholding funds and cancellation of the grant agreement until this requirement is met.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
5
PURSUIT POLICY:
All law enforcement agencies receiving state funds are encouraged to follow the guidelines
established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP)
that are currently in effect.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure that the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on agreement grant activities conducted
at the conclusion of each respective quarter. The information provided is used to review progress of the
funded project and the successfulness in meeting outlined goals and objectives. The information,
photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the
assigned DUI Abatement Coordinator. It is critical that the on-line report contains the following
information:
Original signatures on all Quarterly Reports and RCIs
Signatures must include Project Director unless prior authorization for another is
on file with GOHS.
Report Schedule
Reporting Period
Due Date
1st Quarter RCI & Quarterly Report (July 1 to September 30)
October 19, 2026
2nd Quarter RCI & Quarterly Report (October 1 to December 31)
January 29, 2027
3rd Quarter RCI& Quarterly Report (January 1 to March 31)
April 19, 2027
4th Quarter RCI & Quarterly Report (April 1 to June 30)
July 19, 2027
Final Statement of Accomplishment
July 19, 2027
The Quarterly Report shall be completed on the form available on-line and submitted by email to
the DUI Abatement Council at the Governor’s Office of Highway Safety. The Quarterly Report title is
based on the 3 month calendar period (Year-Calendar Quarter).
FINAL STATEMENT AND ACCOMPLISHMENTS:
The Project Director shall submit a Final Statement of Accomplishments Report to the DUI Abatement
Council no later than 30 days following the agreement end date. All agencies receiving funding are
required to submit a Final Statement of Accomplishments Report.
Note: Failure to comply with the outlined DUI Abatement Council reporting requirements may result in
withholding of state funds or termination of the agreement and return of any unexpended advanced
funds.
PROFESSIONAL AND TECHNICAL PERSONNEL:
Jerry Sheridan, Sheriff, Maricopa County Sheriff's Office, shall serve as Project Director.
Dallas Cotts, Impaired Driving Coordinator, Maricopa County Sheriff's Office, shall serve as
Project Administrator.
Chris Lemke, Governor’s Office of Highway Safety, shall serve as DUI Abatement Coordinator.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
6
REPORT OF COSTS INCURRED (RCI):
The Maricopa County Sheriff's Office 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 submitted with appropriate supporting documentation to the Governor’s
Office of Highway Safety. Electronically submitted RCIs will be accepted. Final RCIs will not be
accepted fifteen (15) days after the conclusion of each State Fiscal Year (June 30th). Expenditures
submitted after the expiration date may not be reimbursed and the Agency will accept fiscal
responsibility.
PROJECT MONITORING:
DUI Abatement Council grant project monitoring is used by the assigned DUI Abatement 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 agreement project and serves as a continuous
management tool. Project monitoring also presents a good opportunity for developing partnerships,
sharing information and providing assistance to granted agencies. Additionally, project monitoring
outlines a set of procedures for project review and documentation.
Project monitoring also serves as a management tool for:
Detecting and preventing problems
Helping to identify needed changes
Identifying training or assistance needed
Obtaining data necessary for planning, and evaluation
Identifying exemplary projects
Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of monitoring
are:
Ongoing contact with the grantee through phone calls, e-mails, correspondence, and meetings
On-Site and/or In-House monitoring reviews of project operations, management, and financial
records and systems
Review of project Quarterly Reports
Review and approval of Requests for Cost Incurred (RCIs)
Desk review of other documents in the project-grant files for timely submission and
completeness
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
7
Monitoring Schedule
Total Awarded Amount
Type of Monitoring
Under $100,000
Desk Review/Phone Conference
$100,000 and over
May have an In-House GOHS Review
$200,000+
May have an On-Site/In-House Review
Capital Outlay Greater than $100,000 (combined)
May have an On-Site/In-House Review
Desk
Review
and Phone
Conference
Internal review of all written documentation related to Grant Agreement including, but not limited to
the Grant Agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes,
press releases, photographs, inventories, and other written correspondence. A phone conference
call conducted during the course of the project which includes the date and time of the call, the
person(s) contacted, and the results. 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 DUI Abatement Coordinator, any findings, areas of
improvement, concern, or recognition will be provided to the grantee.
In-House
Review
Documents performance review results including project activities, reimbursement claims review,
equipment purchases, approvals, and other information. Reviews applicable information related
to the project(s) including, but not limited to the Grant Agreement, Quarterly Reports, enforcement
data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other
written correspondence. Completed at GOHS in a meeting with appropriate operational and
financial personnel. Monitoring form written by DUI Abatement Coordinator, any findings, areas of
improvement, concern, or recognition will be provided to the grantee.
On-Site
Monitoring
Documents performance review results including project activities, reimbursement claims review,
equipment purchases, and other information. Reviews applicable information related to the
project(s) including, but not limited to the Grant Agreement, Quarterly Reports, enforcement data,
financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written
correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-
site by DUI Abatement 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 Agreement period. Granted projects displaying any problems might need on-site
monitoring more than once during the fiscal year.
On-site and/or In-house monitoring includes a review and discussion of all issues related to assure the
effective and administration of the granted project. The following are the most important items to
review:
Progress toward meeting goals/objectives and performance measures
Adherence to the grant agreement specifications, timely submission of complete and correct
reports, including required documentation
Quarterly reports
Status of expenditures related to the outlined budget
Accounting records
Supporting documentation (training documentation, inventory sheets, photographs, press
releases, etc.)
In addition, the designated Project Administrator will ensure that any equipment purchased will be
available for inspection and is being used for the intended purpose as outlined in the grant agreement.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
8
Documentation
The Governor’s Office of Highway Safety will retain all findings on the GOHS Monitoring Form in the
grantee’s respective state file. Findings will be discussed with the designated grant agreement
representative (Project Administrator or 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 will be placed on a performance plan as outlined
by the DUI Abatement Coordinator. Grantee monitoring information will additionally provide
documentation for potential funding in subsequent fiscal year grant proposal review.
PLEASE NOTE: Failure to submit Statistics, Quarterly Reports and/or Report of Costs Incurred
(RCIs) on time and correctly may delay reimbursement for expenditures to your agency, or a
cancellation and return of unexpended advanced funding.
PROJECT PERIOD:
The Project Period shall commence on the date the DUI Abatement Council Chairperson or GOHS
Director in the Chairperson’s stead, signs the DUI Abatement Grant Agreement and terminates at the
end of one year on the date as indicated on the DUI Abatement Council Grant Agreement.
DURATION:
Agreements shall be effective on the date the DUI Abatement Council Chairperson or GOHS Director
in the Chairperson’s stead, signs the agreement and expire at the end of the project period.
If the Agency is unable to expend the funds in the time period specified and needs an extension, a
typed extension request shall be signed by the Project Director on the Agency’s letterhead and
submitted via mail or hand delivered to the Chairperson of the DUI Abatement Council at the
Governor's Office of Highway Safety within ninety (90) days before the end of the project period.
The Agency shall address all requests to modify the grant agreement to the Chairperson of the DUI
Abatement Council on Agency letterhead and either hand deliver or submit the request via regular mail
to the GOHS office. All requests for modification must bear the signature of the Project Director.
Failure to comply may result in cancellation of the agreement. Any unexpended funds remaining at
the termination of the agreement shall be released back to the DUI Abatement Fund.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
9
ESTIMATED COSTS:
I.
Personnel Services (overtime)
$50,000.00
II.
Employee Related Expenses (40%)
$20,000.00
III.
Professional and Outside Services
$0.00
IV.
Materials and Supplies
$0.00
V.
Capital Outlay
$0.00
TOTAL ESTIMATED COSTS
*$70,000.00
*Includes all applicable training, tax, freight, and advertising costs. The DUIAC reserves the right to
limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of 40 percent.
This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Maricopa
County Sheriff's Office shall absorb any and all expenditures in excess of $70,000.00.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
10
QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period: _________________________________________________
DESCRIPTION
GRANT
AGREEMENT
ACTIVITY
Total Contacts (Traffic Stops)
Total Sober Designated Drivers Contacted
DRE Evaluations Conducted
TOTAL DUI ARRESTS
Total DUI Aggravated
Total DUI Misdemeanor
Total DUI Extreme (.15 or Above)
Under 21 DUI Citations
Average BAC
Distracted Driving Citations
Total DUI Drug Arrests
20-Day Vehicle Impounds
Seat Belt Citations
Child Restraint Citations
Criminal Speed Citations
Reckless Driving Citations
Civil Speed Citations
Other Citations
Other Arrests
Participating Officer/Deputies (Cumulative)
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
11
CERTIFICATIONS AND AGREEMENTS
This AGREEMENT, is made and entered into by and between the STATE OF ARIZONA, by and
through the Oversight Council On Driving Or Operating Under The Influence Abatement (DUIAC)
hereinafter referred to as "STATE", and the agency named in this Agreement, hereinafter referred
to as "AGENCY."
WHEREAS, the Arizona Revised Statutes (§§1303-1304), provides State funds to STATE for
approved DUI Enforcement and DUI Innovative projects; and
WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal
agencies, governments, or political subdivisions upon application and approval by STATE; and
WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for State
funds for approved DUI Enforcement and DUI Innovative projects; and
WHEREAS, AGENCY has submitted an application for State funds for DUI Enforcement and DUI
Innovative projects;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS
AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with
the following terms and conditions and the following Federal and State Statutes, Rules, and
Regulations:
I.
Project Monitoring, Reports, and Inspections
A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the
project, either on-site or by telephone, during the life of the Agreement.
B. AGENCY will submit Quarterly Reports (one for each three-month period of the project
year) to STATE in the form and manner prescribed by STATE. Notice of the specific
requirements for each report will be given in this Agreement or at any time thereafter by
giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed
on the Agreement. Failure to comply with Quarterly Report requirements may result in
withholding of State funds or termination of this Agreement.
C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the
Agreement to include all financial, performance, and other reports required as a
condition of the grant to STATE within thirty (30) days of the completion of the
Agreement.
D. Representatives authorized by STATE will have the right to visit the site and inspect the
work under this Agreement whenever such representatives may determine such
inspection is necessary.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
12
II.
Reimbursement of Eligible Expenses
A. AGENCY'S Project Director, or Finance Personnel, will submit a Report of Costs
Incurred Form (RCI) to STATE each time there have been funds expended for which
reimbursement is being requested. Failure to meet this requirement may be cause to
terminate the project under section XIX herein, "Termination and Abandonment."
B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which
State funds have been claimed and reimbursement received, as may have been
determined by a State audit.
C. STATE will have the right to withhold any installments equal to the reimbursement
received by AGENCY for prior installments which have been subsequently determined
to be ineligible or unauthorized.
III.
Property Agreement
A. AGENCY will immediately notify STATE if any equipment purchased under this
Agreement ceases to be used in the manner as set forth by this Agreement. In such
event, AGENCY further agrees to either give credit to the project cost or to another
active DUI Abatement project for the residual value of such equipment in an amount to
be determined by STATE or to transfer or otherwise dispose of such equipment as
directed by STATE.
B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express
written approval of STATE, or unless otherwise provided elsewhere in this Agreement.
C. AGENCY will maintain or cause to be maintained for its useful life, any equipment
purchased under this Agreement.
D. AGENCY will incorporate any equipment purchased under this Agreement into its
inventory records.
E. AGENCY will insure any equipment purchased under this Agreement for the duration
of its useful life. Self-insurance meets the requirements of this section.
IV.
Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth, and
to furnish all labor, materials, and equipment, except that labor, material, and equipment as
STATE agrees to furnish pursuant to this Agreement.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
13
V.
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.
VI.
Non-Assignment and Sub-Contracts
This Agreement is not assignable nor may any portion of the work to be performed be sub-
contracted unless specifically agreed to in writing by STATE. No equipment purchased
hereunder may be assigned or operated by other than AGENCY unless agreed to in writing
by STATE.
VII.
Work Products and Title to Commodities and Equipment
A. The work product and results of the project are the property of STATE, unless otherwise
specified elsewhere in this Agreement. All property, instruments, non-consumable
materials, supplies, and the like, which are furnished or paid for by STATE under the
terms of this Agreement, unless otherwise provided for elsewhere in this Agreement,
are and remain the property of STATE and will be returned at the completion of this
project upon request of STATE. The work product and results of the project will be
furnished to STATE upon request, if no provision is otherwise made by this Agreement.
B. The provisions of subparagraph A apply whether or not the project agreed to herein is
completed.
VIII.
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.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
14
IX.
Arizona Procurement Code (A.R.S., §41-2501, et. seq.)
AGENCY and sub-grantees will use their own procurement procedures, which reflect
applicable State and local laws and regulations. The most stringent purchasing
requirement at each level must be met.
The Arizona Procurement Code (A.R.S., §41-2501, et. seq.) and promulgated rules (A.A.C.
Title 2, Chapter 7) are a part of this Agreement as if fully set forth herein and AGENCY
agrees to fully comply with these requirements for any procurement using grant monies
from this Agreement.
X.
Equal Opportunity
A. Pursuant to the requirements of the Federal-Aid Highway Act of 1968 (U.S.C. §103 et.
seq.), AGENCY, as a condition to receiving approval of this Agreement, hereby gives
its assurance that employment in connection with the subject DUI Abatement Council
Grant Project will be provided without regard to race, color, creed, sex, or national
origin, and that any grant agreement it enters into with any private agency pursuant
hereto will include provisions in compliance with this paragraph (XI).
As a condition of receiving approval of this Agreement, AGENCY will be subject to and
will comply with Title VI of the Civil Rights Act of 1964, providing that no person in the
United States shall on the ground of race, color, creed, sex, or national origin be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under the subject DUI Abatement Council Grant Project.
B. If AGENCY fails or refuses to comply with its undertaking as set forth in these
provisions, STATE may take any or all of the following actions.
1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other
arrangement with respect to which the failure or refusal occurred; and
2. Refrain from extending any further State financial assistance to AGENCY under the
DUI Abatement Council Grant Program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from
AGENCY.
C. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
§794), AGENCY must operate this DUI Abatement Council Grant Project so that it is
accessible and otherwise non-discriminatory to handicapped persons.
XI.
Executive Order 2023-01
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive
Order 2023-01, Non-Discrimination in Employment by Government Contractors and
Subcontractors.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
15
XII.
Arbitration Clause, A.R.S. §12-1518
Pursuant to A.R.S. §12-1518, the parties agree to use arbitration, after exhausting
applicable administrative reviews, to resolve disputes arising out of this Agreement where
the provisions of mandatory arbitration apply.
XIII.
Inspection and Audit, A.R.S. §35-214
Pursuant to A.R.S. §35-214, all books, accounts, reports, files, and other records relating
to this Agreement will be subject at all reasonable times to inspection and audit by STATE
for five (5) years after completion of this Agreement. The records will be produced at the
Governor’s Office of Highway Safety.
XIV.
Appropriation of Funds by the Arizona Legislature
It is agreed that in no event will this Agreement be binding on any party hereto unless and
until such time as funds are appropriated and authorized by the Arizona Legislature and
specifically allocated to the project submitted herein by the DUI Abatement Council and
then only for the fiscal year for which such allocation is made. In the event no funds are
appropriated by the Arizona Legislature or no funds are allocated for the project proposed
herein by the DUI Abatement Council for subsequent fiscal years, this Agreement will be
null and void, except as to that portion for which funds have then been appropriated or
allocated to this project, and no right of action or damages will accrue to the benefit of the
parties hereto as to that portion of the Agreement or project that may so become null and
void.
XV.
Continuation of DUI Abatement Program
It is the intention of AGENCY to continue the DUI Abatement Program identified in this
Agreement once DUI Abatement Council funding is completed. This intended continuation
will be based upon cost effectiveness and an evaluation by AGENCY of the program's
impact on highway safety.
XVI.
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.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
16
XVII. Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants
contained herein, except that STATE reserves the right, at its discretion, to terminate
or abandon any portion of the project for which services have not been already
performed by AGENCY.
B. In the event STATE abandons the services or any part of the services as herein
provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after
receiving such notice, AGENCY will discontinue advancing the work under this
Agreement and proceed to close said operations under the Agreement.
C. The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE on a basis equitable to STATE and AGENCY
and a final reimbursement made to AGENCY on the basis of costs incurred. Upon
termination or abandonment, AGENCY will deliver to STATE all documents,
completely or partially completed, together with all unused materials supplied by
STATE.
D. AGENCY may terminate or abandon this Agreement upon thirty (30) days written
notice to STATE, provided there is subsequent concurrence by STATE. Termination or
abandonment by AGENCY will provide that costs can be incurred against the project
up to and including sixty (60) days after notice is given to STATE.
E. Any equipment or commodities which have been purchased as a part of this Agreement
and which have not been consumed or reached the end of its useful life will be returned
to STATE upon its written request.
XVIII. Cancellation Statute
All parties are hereby put on notice that this Agreement is subject to cancellation pursuant
to A.R.S. §38-511, the provisions of which are stated below.
In accordance with A.R.S. §38-511, this Agreement may be cancelled without penalty or
further obligation if any person significantly involved in initiating, negotiating, securing,
drafting, or creating the Agreement on behalf of the STATE, its political subdivisions or any
department or agency of either, is at any time while the Agreement or any extension of the
Agreement is in effect, an employee of any other party to the Agreement in any capacity or
a consultant to any other party of the Agreement with respect to the subject matter or the
Agreement.
The cancellation shall be effective when written notice from the Governor or chief
executive officer or governing body of the political subdivision is received by all other
parties to the Agreement unless the notice specifies a later time.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
17
AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this
Agreement is subject to A.R.S. §28-602, and all administrative regulations governing
grants established by the STATE. It is expressly agreed that this DUI Abatement Grant
Project constitutes an official part of the STATE's DUI Abatement Council Program and
that AGENCY will meet the requirements as set forth in the accompanying DUIAC Project
Director's Manual, which are incorporated herein and made a part of this Agreement. All
State Statutes, Rules, Regulations, and Circulars referenced in this Agreement are a part
of this document as if fully set forth herein. It is also agreed that no work will be performed
nor any obligation incurred until AGENCY is notified in writing that this project has been
approved by the DUI Abatement Council Representative.
Certificate of Compliance
This is to certify that AGENCY will comply with all of the State Statutes, Rules and
Regulations identified in this Agreement.
Certification of Non-Duplication of Grant Funds Expenditure
This is to certify that AGENCY has no ongoing nor completed projects under agreement
with other Federal or State fund sources which duplicate or overlap any work
contemplated or described in this Agreement. It is further certified that any pending or
proposed request for other Federal or State grant funds which would duplicate or overlap
work described in the Agreement will be revised to exclude any such duplication of grant
fund expenditures. It is understood that any such duplication of Federal or State funds
expenditures subsequently determined by audit will be subject to recovery by STATE.
Single Audit Act
If your political subdivision has had an independent audit meeting the requirements of the
Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS,
Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this
Agreement. If such audit has not been performed, please advise when it is being
scheduled.
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
18
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. No State appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of the Arizona Legislature, an officer or employee
of the Arizona Legislature, or an employee of a Member of the Arizona Legislature in
connection with the awarding of any State contract, the making of any State grant, the
making of any State loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any State contract,
grant, loan, or cooperative agreement.
B. If any funds other than State appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of the Arizona Legislature, an officer or employee of the Arizona Legislature,
or an employee of a Member of the Arizona Legislature in connection with this State
contract, grant, loan, or cooperative agreement, the undersigned will complete and
submit Standard Form, "Disclosure Form to Report Lobbying," in accordance with the
Arizona Secretary of State instructions.
C. The undersigned will require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients
will certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction.
Signature of Project Director:
Signature of Authorized Official of
Governmental Unit:
Jerry Sheridan, Sheriff
Kate Brophy McGee, Chairwoman
Maricopa County Sheriff's Office
Maricopa County Board of Supervisors
Date Telephone Date
Telephone
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
19
REIMBURSEMENT INSTRUCTIONS
1.
Agency Official preparing the Report of Costs Incurred:
Name: Cal Davidson
Title: Finance Manager
Telephone Number: 602-876-7893
Fax Number:
E-mail Address: C_Davidson@MCSO.Maricopa.gov
Fax Number:
2.
Agency's Fiscal Contact:
Name: James Prindiville
Title: Chief Financial Officer
Telephone Number: 602-876-1614
E-mail Address: J_Prindiville@MCSO.Maricopa.gov
Federal Identification Number: 86-6000472
3.
REIMBURSEMENT INFORMATION:
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City, State, Zip Code)
Maricopa County Sheriff's Office
Maricopa County Sheriff's Office
550 West Jackson Street, 5th Floor
Phoenix, AZ 85003
Maricopa County
Sheriff's Office
DUI ABATEMENT COUNCIL
GRANT AGREEMENT
DUIAC-E-218
20
AUTHORITY & FUNDS
1. This Project is authorized by A.R.S. §28-1303, and the funds authorized for this Project have
been provided for by A.R.S. §28-1304. The expenses are reimbursable under DUI Abatement
Council’s Enforcement program area, as approved for by the DUI Abatement Council.
2.
A.
EFFECTIVE DATE:
B.
STATE FUNDS:
Authorization to Proceed Date
$70,000.00
3.
AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to the Governor for the
administration of the Oversight Council on Driving or
Operating Under the Influence Abatement
J.M. “Jesse” Torrez, Director
Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
Governor’s Office of Highway Safety
Agreement # DUIAC-E-218
20a
ATTEST:
_____________________________________________
Juanita Garza
Date
Clerk of the Board of Supervisors
Maricopa County
APPROVED AS TO FORM
This ____ day of ____________________, 20__
By: ___________________________________
Deputy Maricopa County Attorney