DUIAC-E-159 CONTRACT FULLY EXECUTED.PDF

DOUGLAS A. DUCEY

GOVERNOR
OVERSIGHT COUNCIL
ON DRIVING OR ALBERTO GUTIER
OPERATING UNDER DIRECTOR
THE INFLUENCE GOVERNOR'S HIGHWAY SAFETY REPRESENTATIVE.
ABATEMENT MICHAEL SOELBERG Douglas A. Ducey
CHAIRMAN Cover nes

DUI ABATEMENT COUNCIL

PROJECT REFERENCE:

Contract No.: DUIAC-E-159

Contract Amount: $100,000.00

Contract Title: DUI Training and DUI Enforcement
Purpose of Project: Personnel Services (Overtime)
and Employee Related Expenses to support DUI
Training Overtime.

Sheriff Paul Penzone

Maricopa County Sheriffs Office
550 W. Jackson St

Phoenix, Arizona 85003

Dear Sheriff Penzone:
Enclosed are the following documents:

a) One (1) fully executed original of the above-referenced Agreement
b) Project Director’s Manual
c) Invoice Form for Upfront Funding of Agreement

The Report of Costs Incurred (RCI Form) and RCI Instructions are located on the GOHS website at
www.azgohs.gov/grant-opportunities/. Refer to the Contract and/or Project Directors Manual for instructions on
completion and submission.

Please have your Project Administrator and Fiscal staff review and become familiar with the reporting
requirements outlined in this Agreement.

You are hereby authorized to proceed under the terms of this DUI Abatement Council grant, effective the
“Authorization to Proceed Date” (i.e. the date of my signature on the last page of the Agreement) with an obligation
of $100,000.00 DUI Abatement Fund funds.

Sincerely,

-3-tor~

Alberto GutietDirector ; Date
Arizona Governor’s Office of Highway Safety

Enclosures

1700 W. WASHINGTON ST., EXECUTIVE TOWER, SUITE 430, PHOENIX, AZ 85007
TELEPHONE (602) 255-3216 | TOLL FREE (877) 355-3216 | FAX (602) 255-1265
WWW.AZGOHS.GOV

OVERSIGHT COUNCIL
ON DRIVING OR
OPERATING UNDER
THE INFLUENCE
ABATEMENT

Sheriff Paul Penzone

Maricopa County Sheriffs Office
550 W. Jackson St

Phoenix, Arizona 85003

Dear Sheriff Penzone:

Enclosed is one (1) copy of the referenced DUI Abatement Council Agreement for your review and signature. This

DOUGLAS A. DUCEY
GOVERNOR

ALBERTO GUTIER
DIRECTOR
GOVERNOR’S HIGHWAY SAFETY REPRESENTATIVE

MICHAEL SOELBERG Douglas A. Ducey
CHAIRMAN Governor
DUI ABATEMENT COUNCIL

PROJECT REFERENCE:

Contract No.: DUIAC-E-159

Contract Amount: $100,000.00

Contract Title: DUJ Training and DUI Enforcement
Purpose of Project: Personnel Services (Overtime)
and Employee Related Expenses to support DUI
Training Overtime.

is not an authorization to proceed with the project.

Please complete the following steps:

PYNS

Please review the entire agreement as there have been significant changes throughout the agreement;
Have your fiscal staff complete the Reimbursement Instructions (page 16) of both copies;

As Project Director, sign and date the signature page of both copies;

Obtain the signature of Clint Hickman, Chair, Maricopa County Board of Supervisors, as the Authorized

Official of Governmental Unit, on the signature page of both copies;

5. Return all signed copies of the Agreement to the DUI Abatement Council, ‘/, Governor’s Office of Highway

Safety, 1700 W. Washington St., Executive Tower, Suite 430, Phoenix, AZ 85007.

Please do not incur any costs at this time as it would nullify the Agreement. Once the signed copies are received, the
Chairman of the Oversight Council on Driving or Operating Under the Influence Abatement will approve the
Agreement, and a signed original executed Agreement with a letter of authorization to proceed will be forwarded to

you.

Sincerely,

[ {0 -2—

Alberto Gutier, Director

Date

Governor’s Highway Safety Representative

Enclosures

1700 W. WASHINGTON ST., EXECUTIVE TOWER, SUITE 430, PHOENIX, AZ 85007
TELEPHONE (602) 255-3216 | TOLL FREE (877) 355-3216 | FAX (602) 255-1265

WWW. AZGOHS.GOV

asim

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DUI ABATEMENT GRANT PROGRAM

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OVERSIGHT COUNCIL
ON DRIVING OR
OPERATING UNDER
‘THE INFLUENCE
ABATEMENT

GRANT AGREEMENT

Douglas A. Ducey
Goveruor

The Oversight Council on Driving or Operating Under the Influence Abatement is hereafter referred to as the DUI
Abatement Council, DULAC 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 AGREEMENT NUMBER
Maricopa County Sheriff's Office DUIAC-E-159
ADDRESS PROGRAM AREA
550 W Jackson St. Phoenix, AZ 85003 Enforcement
GOVERNMENTAL UNIT AGENCY CONTACT
Maricopa County Dallas Cotts
ADDRESS PROJECT TITLE
550 W Jackson St. Phoenix, AZ 85003 DUI Training and DUI Enforcement

BRIEFLY STATE PURPOSE OF PROJECT:

State DUI Abatement (E) funds will support Personnel Services (Overtime) and Employee Related Expenses to
support DUI Training Overtime for GOHS statewide DUI coordinators continue to conduct training classes on DRE,
ARIDE, FST, HGN, DITEP for both new officers and refreshers courses.

BUDGET Project Period
COST CATEGORY SFY 2022
IL Personnel Services $71,428.57
IL. Employee Related Expenses $28,571.43
Ill. Professional and Outside Services $0.00
Iv. Travel In-State $0.00
Vv. Travet Out-of-State $0.00
VI. Materials and Supplies $0.00
Vi. Capital Outlay $0.00
TOTAL ESTIMATED COSTS $100,000.00
PROJECT PERIOD FROM: 01-04-2022 TO: 12-31-2022
CURRENT GRANT PERIOD FROM: 01-04-2022 TO: 12-31-2022

TOTAL DUI ABATEMENT FUNDS OBLIGATED FOR THIS AGREEMENT PERIOD: $100,000.00

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.

DUI ABATEMENT COUNCIL

Maricopa County Sheriff's Office AGREEMENT. DUIAC-E-159
—"s — ==

PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:

Maricopa County is continuing to experience growth which has a significant impact on traffic related problems
within the County. Along with the increase in population and the number of roadways within their jurisdiction,
MCSO is experiencing a high amount of vehicular traffic in contract towns and throughout Maricopa County.
Traffic related collisions have increased as a result of the increase in population. The amount of alcohot and
drug related fatal collisions has also increased over a period of time.

Maricopa County is also the most densely populated county within Arizona with over 4 million residents.
Detection and removal of impaired drivers from the roadways is critical; therefore, it is crucial to the safety of
all the motorists driving on the roadways.

Agency Problem/Attempts to Solve Problem:

The Maricopa County Sheriff's Office has an enormous responsibility to protect their citizens from impaired
drivers by providing DUI and alcohol related traffic enforcement. Detection and removal of impaired drivers
from the roadways is critical; therefore, it is crucial to the safety of all the motorists driving on their roadways.
Over the past several years they have seen minimal staffing increases with patrol deputies in their districts. This
number has remained the same in the districts and their duties focus on calls for service during their entire shift,
which greatly reduces their ability to concentrate on traffic enforcement.

The Maricopa County Sheriff's Office will continue to participate in DUI Patrols throughout the year with both
the East and West Valley DUI Task Force. 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 (E) funds will support Personnel Services (Overtime) and Employee Related Expenses
DUI Training Overtime.

How Agency Will Solve Problem with Funding:

The Maricopa County Sheriff's Office (MCSO) intends to use the funds for training related to DRE, ARIDE
and HGN schools, as well as for assisting other agencies. The State of Arizona needs more properly trained law
enforcement on the roadways looking for impaired drivers. MCSO plans on hosting multiple HGN schools,
along with a DRE school in January 2022 and assist with any other HGN, ARIDE or DRE school in the state.

This funding is for overtime for instructors to assist other agencies with instruction, instructing classes at the
Maricopa County Sheriffs Office, and getting personnel trained to work the road or special events like a DUI
Task Force looking for impaired drivers.

GOALS/OBJECTIVES:

State DUI Abatement (E) funds will support Personnel Services (Overtime) and Employee Related Expenses to
support DUI Training Overtime for GOHS statewide DUI coordinators continue to conduct training classes on
DRE, ARIDE, FST, HGN, DITEP for both new officers and also refreshers courses.

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DUI ABATEMENT COUNCIL

Maricopa County Sheriff's Office AGREEMENT DULAC-E-159
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Impaired Driving or Operating - Enforcement

Expenditures of funding pertaining to Impaired Driving or Operating Enforcement or Innovative Programs
including Personnel Services and ERE, Materials & Supplies, Capital Equipment and/or Travel In and Out of
State shall comply with the Impaired Driving or Operating Program Goals of the DUI Abatement Council in
conjunction with those provided by the Arizona Governor’s Office of Highway Safety. The Impaired Driving or
Operating Program Goal is to reduce the incidence of alcohol and drug related driving or operating, fatalities
and injuries through enforcement, education and public awareness and through innovative programs throughout
the State of Arizona. Law Enforcement personnel participating in Impaired Driving or Operating
Enforcement/DUI activities including DUI Task Force details under this program shall be HGN/SFST certified.
This is not a requirement for those participating in DUI Innovative programs.

MEDIA RELEASE

To prepare complete press release information for media (television, radio, print and on-line) during each
campaign period including a main press release, schedule of events, departmental plans and relevant data. The
material will emphasize the campaign’s purpose, aggressive enforcement and the high cost of DUI /

Aleohol in terms of money, criminal and human consequences.

The Maricopa County Sheriff's Office will maintain responsibility for reporting sustained DUI enforcement
activity in a timely manner. Additionally, it is the responsibility of the Maricopa County Sheriff’s Office to
report all task force enforcement statistics in which they participate to GOHS on-line at the GOHS website no
later than 10:00a.m. the morning following each day of the event.

PLEASE NOTE: Failure to submit Statistics, Quarterly Reports and/or Report of Costs Incurred (RCIs)
on time and correctly may delay reimbursement for expenditures to your agency, or a cancellation and
return of unexpended advanced funding.

METHOD OF PROCEDURE:

The Maricopa County Sheriff's Office will make expenditures as follows to meet the outlined Program
Goats/Objectives:

Personnel Services ~ To support Overtime for Impaired Driver or Operator 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.

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DUI ABATEMENT COUNCIL
Maricopa County Sheriff’s Office AGREEMENT DUIAC-E-159
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Arizona is presently and consistently below the documented average among the states in the Blood Alcohol
(BAC) testing of drivers involved in fatal motor vehicle collisions.

Each law enforcement agency that receives an enforcement-related grant is required to ensure that this
accurate data on_all drivers involved are reported. Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.

PURSUIT POLICY:

All law enforcement agencies receiving state funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police (ACP) that are currently in effect.

PROJECT EVALUATION:

This project shall be administratively evaluated to ensure that the objectives have been met.

Quarterly Report

The purpose of the Quarterly Report is to provide information on agreement grant activities conducted at the
conclusion of each respective quarter. The information provided is used to review progress of the funded project
and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles,
and mandatory statistical data provided in this report are analyzed by the assigned project coordinator. It is
critical that the on-line report contains the following information:

> Original signatures on all Quarterly Reports and RCIs
¢ Signatures must include Project Director unless prior authorization for another is on file

with GOHS.
Report Schedule
mening += sietemesinen \T
Reporting Period Due Date

2022-1 Quarterly Report (January 1 to March 31) April 30, 2022

2022-2 Quarterly Report (April | to June 30) July 31, 2022

2022-3 Quarterly Report (July | to September 31) October 31, 2022

2022-4 Quarterly Report (October | to December 31) January 31, 2023

Final Statement of Accomplishment January 31, 2023

The Quarterly Report shall be completed on the form available on-line and submitted by mail to the DUI
Abatement Council at the Governor’s Office of Highway Safety. The Quarterly Report title is based on the 3
month calendar period (Year-Calendar Quarter). Note: All law enforcement agencies must enter enforcement
activity into the on-line GOHS DUI Reporting System

Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the DUI Abatement Council

no later than 30 days following the agreement end date. All agencies receiving funding are required to submit
a Final Statement of Accomplishments Report.

DULABATEMENT COUNCIL
Maricopa County Sherifi’s Office AGREEMENT DUIAC-E-159
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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:

Paul Penzone, Sheriff, Maricopa County Sheriff’s Office, shall serve as Project Director.

Dallas Cotts, Impaired Driving Coordinator, Maricopa County Sheriffs Office, shall serve as Project
Administrator.

Nicole Costanza, Deputy Director, Governor’s Office of Highway Safety, shall serve as Project
Coordinator.

REPORT OF COSTS INCURRED (RCD:

The Project Director shall submit a Report of Costs Incurred (RCI) with supporting documentation attached, to
the Governor’s Office of Highway Safety at a minimum on a quarterly basis in correlation with the required
report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which
reimbursement is being requested.

RCls shall be typed and delivered via mail or hand with appropriate supporting documentation, delivered to the
Governor’s Office of Highway Safety. Electronically submitted RCIs will be accepted, Final RCIs will not
be accepted after thirty (30) days after the conclusion of the Agreement end date. Expenditures submitted
after the expiration date will not be reimbursed and the agency will accept fiscal responsibility.

The RCI template and instructions are available on the Governor's Office of Highway Safety website at
http://www.azgohs.gov/grant-opportunities/. Failure to meet the reporting requirements may be cause
to terminate the project.

PROJECT MONITORING:

DUI Abatement Council grant project monitoring is used by GOHS project coordinators to track the progress of
project objectives, performance measures and compliance with applicable procedures, laws, and regulations.

The process is used throughout the duration of the agreement project and serves as a continuous management
tool. Project monitoring also presents a good opportunity for developing partnerships, sharing information and
providing assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for
project review and documentation.

Project monitoring also serves as a management tool for:

Detecting and preventing problems

Helping to identify needed changes

Identifying training or assistance needed

Obtaining data necessary for planning, and evaluation
Identifying exemplary projects

Types of Monitoring

VVVVW

Monitoring is formal and informal, financial and operational. The most common types of monitoring are:

DUI ABATEMENT COUNCIL

Maricopa County Sheriff's Office AGREEMENT DUIAC-E-159
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> Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and meetings
> In-House monitoring reviews of project operations, management, and financial records and systems
> Review of project Quarterly Reports
> Review and approval of Requests for Cost Incurred (RCIs)
> Desk review of other documents in the project-grant files for timely submission and completeness

Monitoring Schedule
Total Awarded Amount Type of Monitoring
Under $50,000 Desk Review/Phone Conference.
$50,000 and over May have an In-House GOHS Review
Desk Review and | Internal Review of all written documentation related to agreement project including but not limited
Phone Conference | toagreement, quarterly reports, enforcement data, financial data, e-mails, letters, notes, press releases,

photographs, inventories, and other written correspondence. A phone conference call conducted
during the course of the project which includes the date and time of the call, the person/s contacted
and the results. Serves as an informational review to determine progress of programmatic/financial
activities. Both the designated project administrator and fiscal contact should be present, if possible,
during the phone conference. If identified financial or operational problems are present, GOHS
reserves the sight to bring the grantee in for an in-house meeting at GOHS. Monitoring form written
by Project Coordinator, any findings or areas of improvement, concern or recognition will be
provided to the grantee.

In-House Review

Documents performance review results including project activities, reimbursement claims review,
equipment purchases, approvals, and other information. Reviews applicable information related to
the project(s) including but not limited to agreement, quarterly reports, enforcement data, financial
data, e-mails, letters, notes, press releases, photographs, inventories, and other written
correspondence. Completed at GOHS in a meeting with appropriate operational and financial
personnel. Monitoring form written by Project Coordinator, any findings or areas of improvement,
concem or recognition will be provided to the grantee.

In-house monitoring for grantees of designated projects with large capital outlay purchases, personnel services,
and complex projects must be completed within the second or third quarter of the Agreement period. Contracted
projects displaying any problems might need on-site monitoring more than once during the fiscal year.

In-house monitoring includes a review and discussion of all issues related to assure the effective and
administration of the contracted project. The following are the most important items to review:

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Progress toward meeting goals/objectives and performance measures
Adherence to the contract specifications, timely submission of complete and correct reports, including

required documentation

VVVV

Quarterly reports

Status of expenditures related to the outlined budget

Accounting records

Supporting documentation (training documentation, inventory sheets, photographs, press releases etc)

In addition, the designated project administrator will assure that any equipment purchased will be available for
inspection and is being used for the purpose for which it was bought under the outlined contractual agreement.

Documentation

DUILABATEMENT COUNCIL
Maricopa County Sheriff’s Office AGREEMENT, DUIAC-E-159
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All findings will be documented on the GOHS Monitoring Form and placed in the grantee’s respective state file.
Findings will be discussed with the grantee designated agreement representative (project administrator, fiscal
specialist) by phone and/or e-mail, All noted deficiencies will be provided to the grantee with guidance for
improvement and solutions to problems. Grantees that exhibit significantly poor performance with be placed on
a performance plan as outlined by the project coordinator. Grantee monitoring information will additionally
provide documentation for potential funding in subsequent fiscal year grant proposal review.

PROJECT PERIOD:

The Project Period shall commence on the date the DUI Abatement Council Chairman or GOHS Director in the
Chairman’s stead, signs the DUI Abatement Grant Agreement and terminates at the end of one year on the date
as indicated on the DUI Abatement Council Grant Agreement.

DURATION:

Agreements shall be effective on the date the DUI Abatement Council Chairman or GOHS Director in the
Chairman’s stead, signs the agreement and expire at the end of the project period.

If the Agency is unable to expend the funds in the time period specified and needs an extension, a typed extension
request shall be signed by the Project Director on the Agency’s letterhead and submitted via mail or hand delivered
to the Chairman of the DUI Abatement Council at the Governor's Office of Highway Safety within ninety (90)
days before the end of the project period.

The Agency shall address al! requests to madify the contract to the Chairman of the DUI Abatement Council on
Agency letterhead and either hand deliver or submit the request via regular mail to the GOHS office. All requests
for modification must bear the signature of the Project Director.

Failure to comply may result in cancellation of the agreement, Any unexpended funds remaining at the
termination of the agreement shail be released back to the DUI Abatement Fund.

ESTIMATED COSTS:

if Personnel Services (overtime)

DUI Training Overtime $71,428.57

DULABATEMENT COUNCIL

Maricopa County Sheriff's Office AGREEMENT DUIAC-E-159
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I. Employee Related Expenses
DUI Training Overtime ERE $28,571.43
TH. Professional and Outside Services $0.00
Iv. Travel In-State $0.00
Vv. Travel Out-of-State $0.00
Vi. Materials and Supplies $0.00
VIE. Capital Outlay $0.00
TOTAL ESTIMATED COSTS $100,000.00

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 $100,000.00.

DUI ABATEMENT COUNCIL

Maricopa County Sheriff’s Office AGREEMENT, DULAC-E-159
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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 Maricopa County Sheriff's Office Police 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, ar 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:

L 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.

Il. 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”.

DUI ABATEMENT COUNCIL

Maricopa County Sheriff's Office AGREEMENT DUIAC-E-159
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Ill.

Iv.

VI.

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.

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.

Travel

In-State and Out-of-State Travel

In-state and out-of-state travel claims will be reimbursed at rates provided by AGENCY'S
regulations, provided that such regulations are as restrictive as those of STATE. Where they are
less restrictive, ARS §38-624 will apply.

All out-of-state travel must be approved in writing in advance by STATE.

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,

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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DUI ABATEMENT COUNCIL

Maricopa County Sheriff's Office AGREEMENT DUIAC-E-159

VIL.

VIL

XI.

=
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.

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 finished 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.

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.

Arizona Procurement Code (ARS, §41-2501, et. seq.)

AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable
State and local laws and regulations. The most stringent purchasing requirement at each level must
be met.

The Arizona Procurement Code (ARS, §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2,
Chapter 7) are a part of this Agreement as if fully set forth herein and AGENCY agrees to fully
comply with these requirements for any procurement using grant monies from this Agreement.

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 contract it
enters into with any private agency pursuant hereto will include provisions in compliance with
this paragraph (XI).

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DULABATEMENT COUNCIL

Maricopa County Sheriff’s Office AGREEMENT DUIAC-E-159
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XII.

XIUL

XIV.

XV.

= —s = —

As a condition of receiving approval of this Agreement, AGENCY will be subject to and wilt
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
artangement 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.

Executive Order 2009-09

It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order
2009-09, Non-Diserimination in Employment by Government Contractors and Subcontractors.
Executive Order 2009-09 is located in Part II of the Project Director's Manual.

Arbitration Clause, ARS §12-1518

Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this Agreement where the provisions of
mandatory arbitration apply.

Inspection and Audit, ARS §35-214

Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this
Agreement will be subject at all reasonable times to inspection and audit by STATE for five (5)
years after completion of this Agreement. The records will be produced at the Governor’s Office
of Highway Safety.

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.

12

DUI ABATEMENT COUNCIL

Maricopa County Sheriffs Office AGREEMENT DUIAC-E-159
cial vo Serre ue =— ietiemiee
XVI. Continuation of DUI Abatement Program

XVIL

XVIKI.

XIX.

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.

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.

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 wilt be returned to STATE
upon its written request.

Cancellation Statute

All parties are hereby put on notice that this Agreement is subject to cancellation pursuant to ARS
§38-511, the provisions of which are stated below.

In accordance with ARS §38-511, this Agreement may be cancelled without penalty or further
obligation if any person significantly involved in initiating, negotiating, securing, drafting, or
creating the Agreement on behalf of the STATE, its political subdivisions or any department or

13

DUI ABATEMENT COUNCIL

Maricopa County Sheriffs Office AGREEMENT DUIAC-E-159
ten ieee K — <= aliens =

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.

14

DUI ABATEMENT COUNCIL

Maricopa County Sheriffs Office AGREEMENT DUIAC-E-159
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE

Acceptance of Condition

It is understood and agreed by the undersigned that a grant received as a result of this Agreement
is subject to ARS §28-602, and all administrative regulations governing grants established by the
STATE. It is expressly agreed that this DUI Abatement Grant Project constitutes an official part
of the STATE's DUI Abatement Council Program and that AGENCY will meet the requirements
as set forth in the accompanying DUIAC Project Director's Manual, which are incorporated herein
and made a part of this Agreement. All State Statutes, Rules, Regulations, and Circulars
referenced in this Agreement are a part of this document as if fully set forth herein. It is also
agreed that no work will be performed nor any obligation incurred until AGENCY is notified in
writing that this project has been approved by the DUI Abatement Council Representative.

Certificate of Compliance

This is to certify that AGENCY will comply with all of the State Statutes, Rules and Regulations
identified in this Agreement.

Certification of Non-Duplication of Grant Funds Expenditure

This is to certify that AGENCY has no ongoing nor completed projects under agreement with
other Federal or State fund sources which duplicate or overlap any work contemplated or
described in this Agreement. It is further certified that any pending or proposed request for other
Federal or State grant funds which would duplicate or overlap work described in the Agreement
will be revised to exclude any such duplication of grant fund expenditures. It is understood that
any such duplication of Federal or State funds expenditures subsequently determined by audit will
be subject to recovery by STATE.

Single Audit Act

If your political subdivision has had an independent audit meeting the requirements of the Single
Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention:
Fiscal Services Officer, within thirty (30) days of the effective date of this Agreement. If such
audit has not been performed, please advise when it is being scheduled.

Buy America Act

In accordance with the Buy America Act (49 U.S.C. 5323(})):

Only steel, iron and manufactured products produced in the United States may be purchased with
Federal funds unless the Secretary of Transportation determines that such domestic purchases
would be inconsistent with the public interest, that such materials are not reasonably available and
ofa satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall
project contract by more than 25 percent. Clear justification for the purchase of non-domestic
items must be in the form of a waiver request submitted to and approved by the Secretary of
Transportation.

15

DUI ABATEMENT COUNCIL
Maricopa County Sheriff’s Office AGREEMENT, DUIAC-E-159
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REIMBURSEMENT INSTRUCTIONS

1. Agency Official preparing the Report of Costs Incurred:

Name: Cal Davidson

Title: _ Financial Manager

Telephone Number;_602-876-7893 Fax Number: 602-876-0072

E-mail Address: _C, Davidson@MCSO.Maricopa.gov

2. Agency's Fiscal Contact:

Name: _James Prindiville

Title: Chief Financial Officer

Telephone Number:_602-876-1614 Fax Number: _ 602-876-1822 _

E-mail Address: _J_Prindiville@MCSO.Maricopa.gov

Federal Identification Number: _ 86-6000472

3. REIMBURSEMENT INFORMATION:

Warrant/Check te be made payable to:
Maricopa County Sheriff's Office

Warrant/Check to be mailed to:
Maricopa County Sheriff's Office
(Agency)
550 West Jackson Street, Fourth Floor
(Address)

Phoenix, AZ 85003
(City, State, Zip Code)

16

C50-21-148-x-06

DU! ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-£-159

Lobbying Restrictions
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:

A. No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of the Arizona Legislature, an officer or employee of the Arizona Legislature, or an
employee of a Member of the Arizona Legislature in connection with the awarding of any State
contract, the making of any State grant, the making of any State loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any State contract, grant, loan, or cooperative agreement.

B. If any funds other than State appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
the Arizona Legislature, an officer or employce 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:

Paul Penzone, Sheriff Bill Gates, Chair

Maricopa County Sheriff's Office Maricopa County Board of Supervisors

nk BLO CL

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ihe 9 JAN 2.6 2022

Dhte * Telephone Date Telephone

17

CS0-2F I4B-x-00
DUIAC-E-159

Maricopa County

ATTEST:

Auovate lin, JAN 2 6 2022
Juahita Garza Date oneTzr~
Clerk of the Board of Supervisors

APPROVED AS TO FORM

This day of , 2022

Davina Bresler

By: Davina Bressler (Jan 27, 2022 13:13 MST)
Deputy Maricopa County Attorney

19a