GOHS DUI ABATEMENT DUIAC-E-063.PDF

DIM ABATEMENT GRANT PROGRAM
OVERSIGHT COUNCIL
ON DRIVING OR
OPERATING UNDER GRANT AGREEMENT
THE LNFLUENCE
ABATEMENT
Douglas A. Ducey
Governor
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
Maricopa County Sheriffs Office (Maricopa CSO) DUIAC-E-063
ADDRESS PROGRAM AREA
550 W. Jackson Street, Phoenix, AZ 85003 Enforcement
GOVERNMENTAL UNIT AGENCY CONTACT
County of Maricopa Paul White
ADDRESS PROJECT TITLE
301 W. Jefferson St, 10 th Floor, Phoenix, AZ 85003 DUI Multi -Tasks (Task Force Ops,
Detention Support, Underage Drinking)
BRIEFLY STATE PURPOSE OF PROJECT:
State DUI Abatement (E) funds will support Personnel Services (Overtime), Employee Related Expenses to enhance
DUI Enforcement throughout the County of Maricopa.
BUDGET Project Period
COST CATEGORY SFY 2016
I. Personnel Services $35,714.00
Employee Related Expenses $14,286.00
III. Professional and Outside Services $0.00
IV. Travel In-State $0.00
V. Travel Out-of-State $0.00
VI. Materials and Supplies $0.00
VII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS $50,000.00
PROJECT PERIOD FROM: Effective Date (Date of DUL4C TO: 06-30-2016
Chairman Signature)
CURRENT GRANT PERIOD FROM: 07-01-2015 TO: 06-30-2016
TOTAL DUI ABATEMENT FUNDS OBLIGATED FOR THIS AGREEMENT PERIOD: $50,000.00
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.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DlUTAC-E-063
PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
The Maiicopa County Sheriffs Office provides law enforcement and related services to the citizens of
Maricopa County, Arizona. Maricopa County covers an area of 9,226 square miles including 1,441
incorporated (15.6%) and 7,785 unincorporated (84.4%) miles. It measures 132 miles east to west and 103
miles north to south. With a population of approximately 4 million, Maricopa County ranks fourth nationally.
With over half the state's population residing within the demographic confmes of Maricopa County, criminal
statistics reflect the majority of the state's violent crimes are committed within these boundaries. Maricopa
County consists of high-density urban areas, small towns and communities, rural farm and ranch areas,
unpopulated desert areas and numerous recreational lakes and parks.
In addition to unincorporated County patrol, the Maricopa County Sheriffs Office is the designated law
enforcement agency for the following municipalities via intergovernmental agreements: Carefree, Cave
Creek, Fountain Hills, Gila Bend, Guadalupe, Litchfield Park, Queen Creek, and Youngtown.
Agency Problem:
With Maricopa County being the most densely populated county within the state, approximately 4 million
residents, they bear an enormous responsibility to provide appropriate DUI and alcohol related traffic
enforcement. The detection and removal of impaired drivers is critical to the safety of all citizens driving
upon the roadways of this county. Although there has been an increase in population and traffic upon the
roadways, the number of Deputies patrolling the roadways has remained nearly the same. Due to the wide
range of other law enforcement related functions performed by patrol Deputies, their ability to concentrate on
traffic enforcement is severely restricted. When Deputies enforce traffic laws related to drug and alcohol
violations it can take them off of the road for several hours. After completing his/her investigation, the
deputy/officer may be required to transport and book the individual into jail. This single task may span more
than 2 to 3 hours, leaving the deputy/officer unavailable for continued DUI enforcement. To address this issue
in the past the office has assigned Detention support personnel to the command post. These Detention support
personnel assist the Deputies with booking, fmgerprinting, blood draws and transportation to the booking
facilities. This assistance allows the enforcement personnel to return to the DUI detail more rapidly and
improves overall efficiency of the operation.
Agency Attempts to Solve Problem:
The Maricopa County Sheriff's Office has attempted to solve this problem during previous task force
operations by providing a small number of Posse and Detention personnel for security, transport, and
operational support. They have also supplied sworn personnel to the details for DUI enforcement. The number
of Deputies assigned to each detail has been limited to those in specialty details or patrol Deputies that are
required to flex off the time to avoid overtime. Deployment of the Detention support resources has allowed
Deputies/Officers to remain on the road for sustained traffic and• DUI. enforcement rather than the
cumbersome task of pre-booking, transport, and in-facility booking. Detention Officers have also been able to
assist with DUI processing, phlebotomy, DRE, and security related duties.
The Maricopa County Sheriffs Office has conducted DRE certification of Officers from across the United
States and Canada. In 2014 a total of 86 DRE certification nights were coordinated and hosted by the
Maricopa County Sheriffs Office DRE section. As of February 2015 there are 78 DRE certification nights
scheduled in 2015. Participating in certification nights will be students from Canada, Michigan, South
Carolina, Missouri, Georgia, Massachusetts, New Mexico, Montana, Ohio, Tennessee, Iowa, New York and
Idaho. This does not include students from DRE School conducted in Arizona.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-063
Agency Funding:
State DUI Abatement Funds will support Personnel Services (Overtime) and Employee Related Expenses to
enhance DUI Enforcement throughout the County of Maricopa.
How Agency Will Solve Problem With Funding:
The Maricopa County Sheriff's Office will accomplish these goals by providing sworn personnel for both the
East and West Valley DUI Task Forces. They will also conduct saturation and/or youth alcohol details at least
once a month as funding allows. These sworn personnel will work directly toward the detection of
DUI/DRUG impaired drivers. The sworn personnel shall be chosen based upon their knowledge, training and
experience in the detection of impaired drivers. With the selection of those personnel that have a high level of
desire for the detection of impaired drivers, the efficiency of the details shall be maximized.
The Office will also provide Detention support personnel for the details to assist the Deputies/Officers with
processing violators. The Detention personnel will assist, as appropriate, with fingerprinting, booking,
phlebotomy draws, and transportation to jail facilities. This will allow the Deputies/Officers to return to the
enforcement detail as soon as possible and locate additional impaired drivers. The selection of these Detention
personnel shall be for those that show a strong ability to work well with others. They must be detailed
oriented with a strong knowledge of the requirements of the booking process. Through the use of the
Detention personnel, the efficiency of the assigned sworn personnel will be greatly improved. With this
improved efficiency, the sworn personnel will be able to increase the number of impaired driver arrest by
10% and reduce the number of alcohol/drug related accidents by 5% over fiscal year 2015.
DESCRIPTION LAST YEAR TWO YEARS THREE YEARS
(2014) AGo (2013) AGO (2012)
ALCOHOL-RELATED FATALITIES 0 9 11
ALCOHOL-RELATED INJURIES 0 64 70
TOTAL DUI ARRESTS 830 992 984
TOTAL MISDEMEANOR DUI ARRESTS 737 909 867
TOTAL AGGRAVATED DUI ARRESTS 93 83 117
TOTAL EXTREME DUI .15 ARRESTS 207 236 290
TOTAL DUI-DRUG ARRESTS 145 184 198
DUI PifioR 0 0 0
TOTAL DRE EVALUATIONS 93 184 198
SOBER DESIGNATED DRIVERS CONTACTED 142 312 305
UNDERAGE ALCOHOL VIOLATIONS - TITLE 4 0 1367 1342
UNDERAGE DUI ARRESTS 11 42 34
UNDERAGE DUI-DRUG ARRESTS 0 0 0
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-063
GOALS/OBJECTIVES:
State DUI Abatement Funds will support Personnel Services (Overtime) and Employee Related Expenses to
enhance DUI Enforcement throughout the County of Maricopa. The following goals and objectives shall be
accomplished as a result of this funding:
Impaired Driving or Operating - Enforcement
Expenditures pertaining to impaired driving or operating enforcement including, Personnel Services and ERE,
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 incidences of alcohol and drug related driving, resulting in fatalities
and injuries through, enforcement, education, and public awareness. 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.
The Maricopa County Sheriffs Office will maintain responsibility for reporting sustained DUI enforcement
activity in a timely manner. Additionally, it is the responsibility of the Maricopa County Sheriffs 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 Sheriffs Office will make expenditures as follows to meet the outlined Program
Goals/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.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriffs Office AGREEMENT DUIAC-E-063
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.
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 (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 project
coordinator. It is critical that the on-line report contains the following information:
D 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
2016-1 Quarterly Report (July 1 to September 30) October 30,2015
2016-2 Quarterly Report (October 1 to December 31) January 30, 2016
2016-3 Quarterly Report (January 1 to March 31) April 30; 2016
2016-4 Quarterly Report (April 1 to June 30) July 30, 2016
Final Statement of Accomplishment Within 30 days after Agreement end date
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.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT D'UIAC-E-063
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.
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:
Joe Arpaio, Sheriff, Maricopa County Sheriffs Office, shall serve as Project Director.
Paul White, Sergeant, Maricopa County Sheriffs Office, shall serve as Project Administrator.
Shane Radford, Governor's Office of Highway Safety, shall serve as Project Coordinator.
REPORT OF COSTS INCURRED (RCI):
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.
RCIs 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 not 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
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-0 63
Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of monitoring are:
D Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and
meetings
> On-Site and/or In-House monitoring reviews of project operations, management, and fmancial records
and systems
> Review of project Quarterly Reports
> Review and approval of Requests for Cost Incurred (RCIs)
D Desk review of other documents in the project-grant files for timely submission and completeness
Monitoring Schedule
Total Awarded Amount Type of Monitoring
Under $50,000 Desk Review/Phone Conference.
$50,000 and over May have an In-House GOHS Review
$100,000+ May have an On-Site Review
Capital Outlay Greater than $25,000.00 (combined) May have an On-Site Review
Desk Review and Internal Review of all written documentation related to agreement project including but not limited
Phone Conference to 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. Serves as an informational review to determine progress of
, programmatic/financial activities. Both the designated project administrator and fiscal contact
should be present, if possible, during the phone conference. If identified financial or operational
problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at
GOHS. Monitoring form written by Project Coordinator, any findings 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 (]OHS in a meeting with appropriate operational and financial
personnel. Monitoring form written by Project Coordinator, any findings or 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 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 Project Coordinator. Any findings or areas of improvement, concern, or recognition, will be
provided to the grantee.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriffs Office AGREEMENT DlUIAC-E-063
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. Contracted 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 contracted project. The following are the most important items to review:
D Progress toward meeting goals/objectives and performance measures
D Adherence to the contract specifications, timely submission of complete and correct reports, including
required documentation
D Quarterly reports
D Status of expenditures related to the outlined budget
D Accounting records
D 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
All fmdings 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 Cha . man 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 all requests to modify 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 shall be released back to the DUI Abatement Fund.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-063
ESTIMATED COSTS:
I. Personnel Services (overtime) $35,714.00
Employee Related Expenses $14,286.00
III. Professional and Outside Services $0.00
IV. Travel In-State $0.00
V. Travel Out-of-State $0.00
VI. Materials and Supplies $0.00
VII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS *$50,000.00
*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 $50,000.00.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-063
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.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-063
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. 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.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-063
V. Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth, and to
furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE
agrees to furnish pursuant to this Agreement.
VI. Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other
party from liability hereunder. However, if the common law or a statute provides for either a
right to indemnify and/or a right to contribution to any party to this agreement then the right to
pursue one or both of these remedies is preserved.
VII. Non-Assignment and Sub-Contracts
This 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 maST be assigned or operated by other than AGENCY unless agreed to in writing by
STATE.
VIM 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.
DC 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.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriffs Office AGREEMENT DUIAC-E-063
X. 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.
XI. 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).
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.
XII. Executive Order 2009-09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive
Order 2009-09, Non-Discrimination in Employment by Government Contractors and
Subcontractors. Executive Order 2009-09 is located in Part II of the Project Director's Manual.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-063
XIII. 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.
XIV. 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.
XV. 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.
XVL 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.
XVII. 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.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriffs Office AGREEMENT DUIAC-E-063
XVIII. 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.
XIX. 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
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.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriffs Office AGREEMENT DUIAC-E-063
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(j)):
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 of a 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.
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-063
REIMBURSEMENT INSTRUCTIONS
1. Agency Official preparing the Report of Costs Incurred:
Name: Suzanne R. Baier
Title: Division Commander, Business Services
Telephone Number: 602-876-1633 Fax: 602-876-0072
E-mail Address: S baier@mcso.maricopa.gov
2. Agency's Fiscal Contact:
Name: Lee Ann Bohn
Title: Chief of Administration
Telephone Number: 602-876-7891 Fax: 602-876-0072
E-mail Address: L bohn@mcso.maricopa.gov
Federal Identification Number: 86-6000472
3. REIMBURSEMENT INFORMATION:
Warrant/Cheek to 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, 4th Floor
(Address)
Phoenix, AZ, 85003
(City, State, Zip Code)
17

DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT DUIAC-E-063
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 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:
Joseph Arpaio, Sheriff Steve Chucri, Chairman
Maricopa County Sheriff's Office Maricopa County Board of Supervisors
Date Telephone Date Telephone
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DUI ABATEMENT COUNCIL
Maricopa County Sheriff's Office AGREEMENT
ATTEST:
Fran McCarroll Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM
This day of ,2015
By:
Deputy Maricopa County Attorney
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DUI ABATEMENT COUNCIL
Maricopa County Sheriffs Office AGREEMENT DUIAC-E-063
AUTHORITY & FUNDS
1. This Project is authorized by ARS §28-1303, and the funds authorized for this Project have been
provided for by ARS §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 $50,000.00
3. AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the Oversight Council on Driving or
Operating Under the Influence Abatement
Alberto Gutier, Director Date
Governor's Highway Safety Representative
19