Resolution No. 26-31

RESOLUTION NO. 26-31

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, PERTAINING TO THE
SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA’S
2027 HIGHWAY SAFETY PLAN.

WHEREAS, the Governor’s Office of Highway Safety (“GOHS”)
sought proposals from state and local agencies for highway
safety projects with a submittal deadline of April 11, 2026; and

WHEREAS, the City of Apache Junction (“City”), through its
police department (“AJPD”) on April 8, 2026, submitted a DUI
abatement project to be considered for funding in the form of a
reimbursable grant for personnel expenses from the National
Highway Traffic Safety Administration; and

WHEREAS, on June 3, 2026, the GOHS awarded the grant
request to AJPD.

NOW, THEREFORE, be it resolved by the mayor and city
council of the City of Apache Junction, Arizona, as follows:

SECTION I:

Staff is seeking approval to accept $49,000.00 in funding for
the DUI Abatement Council Grant under the Arizona 2027 Highway
Safety Plan.

SECTION If:

The chief of police or his designee is appointed the agent for
the City of Apache Junction to conduct all negotiations and to
execute and submit all documents and any other necessary
instruments in connection with such grant and project.

SECTION III:
The chief of police or his designee is authorized to take any

and all actions necessary to implement and complete’ the
activities submitted in the applications.

RESOLUTION NO. 26-31
PAGE 1 OF 2

PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF 2026.

SIGNED AND ATTESTED TO THIS DAY OF 2026.

WALTER “CHIP” WILSON
Mayor

ATTEST:

EVIE MCKINNEY
City Clerk

APPROVED AS TO FORM:

RICHARD J. STERN
City Attorney

RESOLUTION NO. 26-31
PAGE 2 OF 2

ATTACHMENT A

ARIZANA ARIZONA

DRIVING OR OPERATING GOVERNOR'S OFFICE OF
UNDER THE INFLUENCE ABATEMENT HIGHWAY SAFETY

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 AGREEMENT NUMBER
Apache Junction Police Department DUIAC-E-211
ADDRESS PROGRAM AREA
1001 N Idaho Rd, Apache Junction, Arizona, 85119 Enforcement
GOVERNMENTAL UNIT AGENCY CONTACT
City of Apache Junction Seth Painter
ADDRESS PROJECT TITLE
300 E Superstition Blvd, Apache Junction, Arizona, 85119 DUI/Impaired Driving Enforcement
Overtime

BRIEFLY STATE PURPOSE OF PROJECT:
State DUI Abatement Funds will support Personnel Services (Overtime) and Employee Related Expenses
to enhance DUI Enforcement Activities throughout the City of Apache Junction.

BUDGET Project Period
COST CATEGORY SFY 2027
I. Personnel Services $35,000.00
U. Employee Related Expenses (40%) $14,000.00
Ul. Professional and Outside Services $0.00
IV. Materials and Supplies $0.00
Vv. Capital Outlay $0.00

TOTAL ESTIMATED COSTS $49,000.00
PROJECT PERIOD FROM: Effective Date TO: 06-30-2027

(Date of Authorization to Proceed Signature)

CURRENT GRANT PERIOD FROM: 07-01-2026 TO: 06-30-2027

TOTAL DUI ABATEMENT FUNDS OBLIGATED FOR THIS AGREEMENT PERIOD: $49,000.00

Apolitical 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.

Apocnenanction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

PROBLEM IDENTIFICATION AND RESOLUTION:

Agency Background:

The City of Apache Junction is a small suburban community just east of the Phoenix Metropolitan area.
The City has a population of 44,309 with an average additional 20,000-30,000 seasonal residents.
Apache Junction's north and eastern sectors have many dirt roadways where residents have a desire
for no light pollution. This rural environment exacerbates conditions for unsafe driving while providing
the illusion to impaired drivers the area is free of enforcement. There are 181 paved road miles within
the city limits and 18 signalized intersections operated and maintained by the City. In addition, there
are approximately 5 miles of US-60 and 7 miles of SR-88 within the city limits.

Organization size/number of sworn officers: 95

Total population in city/town/county served: 44,309
Total road mileage: Highway: 5, Local: 176, Total: 181
Jurisdiction: City

Agency Problem/Attempts to Solve Problem:

Apache Junction has experienced rapid population growth, especially in the southern part of the city
where new residential development is concentrated. The city’s population increased from about
38,500 residents in 2020 to over 44,000 in 2024, and local demographic sources project continued
growth to approximately 47,000-48,000 residents by 2027.

This growth has contributed to increased traffic throughout the city and presents heightened risks of
impaired driving. Apache Junction’s nightlife includes more than 20 bars and pubs, such as Handlebar
Pub & Grill, The Wheelhouse Tavern, Cat Wagon Tap and Bottle, and Rusty Buckle Saloon, creating
multiple environments where alcohol consumption intersects with travel demand.

Local crash data show persistent fatal and serious injury collisions, with DUI-related incidents a
substantial safety concer. In response, the Apache Junction Police Department has established a
dedicated DUI Squad to focus enforcement on impaired drivers citywide.

Agency Funding:
State DUI Abatement Funds will support Personnel Services (Overtime) and Employee Related
Expenses to enhance DU! Enforcement Activities throughout the City of Apache Junction.

How Agency Will Solve Problem With Funding:

Funding through the DUI Abatement Council will enable the department’s DUI Squad to expand
targeted DUI enforcement, particularly during high-risk times and in areas with growing traffic and
nightlife activity. These efforts will reduce impaired driving, prevent crashes, and support the GOHS
mission to reduce traffic fatalities and serious injuries in Apache Junction.

Grant funds will support overtime for officers to conduct highly visible DUI saturation patrols
throughout the year. This includes active participation in multi-agency task forces during holiday
periods and special events, which historically experience elevated numbers of alcohol and drug-
related incidents. These targeted enforcement efforts aim to enhance public safety, deter impaired
driving, and reduce serious crashes in Apache Junction.

Apache Junction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

PROGRAM MEASURES:

Grant Agreement Objectives:
Quarter 1 (July 1 to September 30):

Traffic and Patrol Officers will conduct a minimum of 4 DUI details per month. The details will be
conducted primarily during weekend nights, with an emphasis on holiday weekends.

Quarter 2 (October 1 to December 31):

Traffic and Patrol Officers will conduct a minimum of 4 DUI details per month. The details will be
conducted primarily during weekend nights, with an emphasis on holiday weekends.

Quarter 3 (January 1 to March 31):

Traffic and Patrol Officers will conduct a minimum of 4 DUI details per month. The details will be
conducted primarily during weekend nights, with an emphasis on holiday weekends.

Quarter 4 (April 1 to June 30):

Traffic and Patrol Officers will conduct a minimum of 4 DUI details per month. The details will be
conducted primarily during weekend nights, with an emphasis on holiday weekends.

Apache Junction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

GOALS/OBJECTIVES:

State DUI Abatement Funds will support Personnel Services (Overtime) and Employee Related
Expenses to enhance DUI Enforcement Activities throughout the City of Apache Junction.

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/DU!I activities,
including DU! 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 Apache Junction Police Department will make expenditures as follows to meet the outlined
Program Goals/Objectives:

Personnel Services - To support Overtime for DUI Abatement 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 Councit 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.

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.

Apache Junction DUI ABATEMENT COUNCIL

Police Department GRANT AGREEMENT DUIAC-E-211
a ae
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 RClis

e Signatures must include Project Director unless prior authorization for another is
on file with GOHS.

Report Schedule

Reporting Period Due Date
1% Quarter RCI & Quarterly Report (July 1 to September 30) October 19, 2026
24 Quarter RCI & Quarterly Report (October 1 to December 31) January 29, 2027
3" Quarter RCIS Quarterly Report (January 1 to March 31) April 19, 2027
4" Quarter RCI & Quarterly Report (April 1 to June 30) July 19, 2027
Final Statement of Accomplishment _ July 19, 2027 J

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:

Michael Pooley, Chief, Apache Junction Police Department, shall serve as Project Director.

Seth Painter, Lieutenant, Apache Junction Police Department, shall serve as Project
Administrator.

Chris Lemke, Governor’s Office of Highway Safety, shall serve as DUI Abatement Coordinator.

Apache Junction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

REPORT OF COSTS INCURRED (RCI):

The Apache Junction Police Department 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.

RCls shall be typed and submitted with appropriate supporting documentation to the Governor's
Office of Highway Safety. Electronically submitted RCls will be accepted. Final RCls 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

VYYVYY

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

VVV WV

Apache Junction

DUI ABATEMENT COUNCIL

Police Department GRANT AGREEMENT DUIAC-E-211
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 Internal review of all written documentation related to Grant Agreementincluding, but notlimited to

Review the Grant Agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes,

and Phone | pressreleases, photographs, inventories, and other written correspondence. A phone conference

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, concem, or recognition will be provided to the grantee.

In-House Documents performance review results including project activities, reimbursement claims review,

Review equipment purchases, approvals, and other information. Reviews applicable information related
tothe 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, concem, or recognition will be provided to the grantee.

On-Site Documents performance review results including project activities, reimbursement claims review,

Monitoring | 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, concem, 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:

Vv

Progress toward meeting goals/objectives and performance measures
Adherence to the grant agreement 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 ensure that any equipment purchased will be
available for inspection and is being used for the intended purpose as outlined in the grant agreement.

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Apache Junction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

Documentation

The Governor’s Office of Highway Safety will retain ail 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, ora
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 Hignway Safety within ninety (90) days before the end of the project period.

The Agency shall address ail 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.

Apache Junction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

ESTIMATED COSTS:

I. Personnel Services (overtime) $35,000.00
1 Employee Related Expenses (40%) $14,000.00
Wl. Professional and Outside Services $0.00
Iv. Materials and Supplies $0.00
V. Capital Outlay $0.00

TOTAL ESTIMATED COSTS *$49,000.00

*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 Apache
Junction Police Department shall absorb any and all expenditures in excess of $49,000.00.

Apache Junction
Police Department

DUI ABATEMENT COUNCIL

GRANT AGREEMENT DUIAC-E-211
QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period:
GRANT
DESCRIPTION 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)

10

Apache Junction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

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 DU! 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.

11

Apschenunction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

rere reer re
i. 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.

IH. 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.

12

Apache Junction

DUI ABATEMENT COUNCIL

Police Department GRANT AGREEMENT DUIAC-E-211

Vv.

Vi.

Vil.

vill.

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.

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 Titie 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.

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.

13

Apache Junction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

IX,

XL

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.

Equal Opportunity

A. Pursuant to the requirements of the Federal-Aid Highway Act of 1968 (U.S.C. §103 et.
seq.), AGENCY, as acondition 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 acondition 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.

Executive Order 2023-01

Itis 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.

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Apache Junction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

Xil.

Xill.

XIV.

XV.

XVI.

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.

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.

Appropriation of Funds by the Arizona Legislature

Itis 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 DU! 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.

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.

E-Verify

Both Parties acknowledge that immigration !aws 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.

15

Apache Junction

DUI ABATEMENT COUNCIL

Police Department GRANT AGREEMENT DUIAG-E-21

XVI.

XVII.

1

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.

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.

The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE ona 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.

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.

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.

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.

16

Apache Junction DUI ABATEMENT COUNCIL
Police Department GRANT AGREEMENT DUIAC-E-211

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.

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