Agreement - AZGOHS Grant 2022-AI-015

City of Glendale — Regular Meeting (2021-12-14)

Extracted text (via ocr_local) 52559 characters

GOVERNOR'S OFFICE OF STATE OF ARIZONA
HIGHWAY SAFETY
HIGHWAY SAFETY CONTRACT

This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing.

FAIN: 69A37522300004020AZ0 Assistance Listings: 20.600
1. APPLICANT AGENCY GOHS CONTRACT NUMBER:
Glendale Police Department 2022-AI-015
ADDRESS PROGRAM AREA:
6835 N. 57th Dr., Glendale, AZ 85301 402-AI
GOVERNMENTAL UNIT AGENCY CONTACT:
City of Glendale Carrie Castrovinci
ADDRESS 3. PROJECT TITLE:
5850 W. Glendale Ave., Glendale, AZ 85301 Accident Investigation Training, and Related
4. GUIDELINES: Materials and Supplies (EDR Cables (Kia,
402—Accident Investigation (AI) Hyundai, Tesla), EDR software, Mapping
software, Sotoxa Test System, Camera &
accessories)

5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 402 funds will support Professional and Outside Services, and Materials and Supplies: EDR Cables
(Kia, Hyundai, Tesla), EDR software, Mapping software, Sotoxa Test System, Camera & accessories to
enhance Accident Investigation throughout the City of Glendale.

6. BUDGET Project Period
COST CATEGORY FFY 2022

Personnel Services

$0.00

Employee Related Expenses

Professional and Outside Services $10,000.00

Travel In-State $0.00

Travel Out-of-State $0.00

Materials and Supplies $59,276.00
$0.00
TOTAL ESTIMATED COSTS $69,276.00

Capital Outlay

FROM: Effective Date
PROJECT PERIOD (Date of GOHS Director Signature) TO: 09-30-2022
CURRENT GRANT PERIOD FROM: 10-01-2021 TO: 09-30-2022

TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $69,276.00

A political subdivision or State agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result
in termination of the awarded Contract.

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Glendale Police Department SAFETY CONTRACT 2022-AI-015
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PROBLEM IDENTIFICATION AND RESOLUTION:

Agency Background:

Number of sworn officers: 430

Total Population in city/town or county: 245,895

Total Road Mileage: Highway: 14 Local: 748 Total: 762

2019 2018 2017

Total Crashes 9384 4695 5063
Total Injury Crashes 105 $1 64
Total Fatal Crashes ry 23 2
Total Pedestrian-related Crashes 158 oy 57
Total Pedestr/an-related Serious Injuries a 9 ‘
Total Pedestrian-related Fatalities 10 10 uw
Total Bicycle-related Crashes 33 37 46
Total Bicycle-related Serious Injuries a 1 2
Total Bicycie-related Fatalities 1 i 1

The data above represents, County [_] City/Town [¥]

Agency Problem/Attempts to Solve Problem:

The City of Glendale as well as many major metropolitan cities across the country continue to experience an
increase in traffic collisions, fatal collisions and more specifically, pedestrian fatal collisions. The roadway
safety problems that the City of Glendale encounter most frequently are impaired driving and speed-related
crashes. With the sports venues, entertainment districts and growth in population and businesses in the City,
they are seeing an increase in traffic collisions, fatal collisions and pedestrian fatal collisions.

In 2020 there were 7777 crash reports taken by the Glendale Police Department, when compared to 2019 with
5259 reports, 2020 experienced a 48% increase in traffic accidents, during a time when traffic volume had
significantly decreased due to Global Pandemic restrictions. Total fatalities in 2020 were up over 50% from the
previous year.

Agency Funding:

Federal 402 funds will support Professional and Outside Services, and Materials and Supplies: EDR Cables
(Kia, Hyundai, Tesla), EDR software, Mapping software, Sotoxa Test System, Camera & accessories to
enhance Accident Investigation throughout the City of Glendale.

How Agency Will Solve Problem with Funding:

The Glendale Police Department has five Vehicular Crimes Detectives who investigate hit and run, serious
injury and fatal collisions. There are also six civilian Community Service Officers who investigate non-injury
and injury collisions. Both of these groups require more advanced training to become and remain
knowledgeable in their jobs. These employees will attend training in impairment recognition, processing and
advance collision investigation through IPTM and other sources.

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Glendale Police Department SAFETY CONTRACT _ 2022-AI-015

PROJECT MEASURES:

Contract Objectives:

1. With this grant funding the agency will provide training opportunities for the new detective(s) assigned
to the squad to further their development and proficiency.

2. This grant funding will be used to further the training and expertise of current detectives and civilian
accident investigators assigned to traffic investigation. Detectives in this assignment must have superior
ongoing training to ensure consistently accurate investigations.

3. The purchase of specialized equipment to increase the unit's efficiency and efficacy in documenting
extensive crash scenes.

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Glendale Police Department SAFETY CONTRACT —_ 2022-AI-015

GOALS/OBJECTIVES:

Expenditures of funding pertaining to the AI/Accident Investigation Program including Personnel Services and
ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the
Accident Investigation Program goals provided by the Arizona Governor’s Office of Highway Safety. The
Accident Investigation Program goal is to provide training and resources for Vehicular Crimes Units to aide in
the investigation and prosecution of fatal traffic crashes throughout the State of Arizona.

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 Accident
Investigations in terms of money, criminal, and human consequences.

PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred
(RCIs) timely and correctly may delay reimbursement for expenditures to your Agency.

METHOD OF PROCEDURE:

The Glendale Police Department will make expenditures, as follows, to meet the outlined Program
Goals/Objectives:

Professional and Outside Services - To support/purchase/procure Professional and Outside Services for
Accident Investigations Activities by purchasing/procuring the following: Accident Investigation Training

Materials and Supplies - To purchase/procure the following Materials and Supplies for Accident Investigations
Activities: EDR Cables (Kia, Hyundai, Tesla), EDR software, Mapping software, Sotoxa Test System, Camera
& accessories

PRESS RELEASE:

Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to
being sent to the media. This press release shall include the objective and specify that the funding is from the
Governor’s Office of Highway Safety.

SPECIFIC REQUIREMENTS:
BREATH TESTING DEVICES —

Requirements for Intoxilyzers (Evidentiary Breath Testing Instruments):
The successful vendor must certify that the devices purchased are on the National Highway Traffic Safety
Administration (NHTSA) Conforming Products List and must meet, or exceed, NHTSA model specifications.

GOHS HIGHWAY
Glendale Police Department SAFETY CONTRACT 2022-AI-015

In addition, the devices must be certified and approved by the Arizona Department of Public Safety per Arizona
Administrative Code R9-14-403.

The Glendale Police Department will be responsible for providing all personnel the appropriate training for
using the Intoxilyzers purchased under this Contract implementing a NHTSA approved training course.

The Glendale Police Department will maintain written documentation (copy of the training certificates) which
will be available upon request for review by GOHS.

Intoxilyzers will be operated, calibrated under the standard quality assurance procedures per the appropriate
outlined procedures listed in the Arizona Administrative Code.

PROFESSIONAL AND OUTSIDE SERVICES/PUBLIC INFORMATION/MEDIA —

Requirements for Professional and Outside Services:
A copy of all Contracts for "Professional and Outside Services" must be submitted to the GOHS Director for
written approval before execution.

Requirements for Public Information and Education Materials:
Prior to the printing and distribution of public information and education materials, a sample will be provided
to the GOHS Director for review and written approval.

Requirements for Paid Media:

All paid media must be preapproved by the GOHS Director to ensure that consistent messages are sent
statewide. Requests for paid media must include, at a minimum, scripts, description of target audience (to
include methodology for identifying target audience), type of media to be utilized (electronic, print), campaign
schedule, and budget. Additional information may be requested on a case-by-case basis.

METHOD OF PROCUREMENT:

The application of 2 CFR Part 200 "Procurement Standards" requires that:

Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local
laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards.
The most stringent purchasing requirement at each level must be met. If the Agency does not have a
procurement process, the Agency may use the State procurement process.

A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs
shall, where possible, be made utilizing the Glendale Police Department documentation consisting of, but not
limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment.

The Agency shall retain copies of all documentation in the project file.

State Contract:

Procurement may be made using an open State contract award. Documents submitted to substantiate purchases
using an open State contract must bear the contract number.

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Glendale Police Department SAFETY CONTRACT _ 2022-AI-015

PROJECT EVALUATION:

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

Quarterly Report

The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each active 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 the report contains the following information:

> Original signatures on all Quarterly Reports and RCIs

° All Quarterly Reports and RCIs shall include the signature of the Project
Director unless prior authorization for another is on file with GOHS.

Report Schedule

[ Reporting Period Due Date
1* Quarterly Report and RCI (October 1 to December 31, 2021) January 30, 2022
2"4 Quarterly Report and RCI (January | to March 31, 2022) April 20, 2022
3" Quarterly Report and RCI (April 1 to June 30, 2022) July 20, 2022
4" Quarterly Report and RCI (July 1 to September 30, 2022) October 15, 2022
Final Statement of Accomplishments _ October 15, 2022

The Quarterly Report shall be completed on the form available on-line and can be submitted by email to
the Governor’s Office of Highway Safety.

NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER
STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING
SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT.

Final Statement of Accomplishments

The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than
fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving
funding are required to submit a Final Statement of Accomplishments Report.

Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal
funds or termination of the Contract.

PROFESSIONAL AND TECHNICAL PERSONNEL:

Chris Briggs, Chief, Glendale Police Department, shall serve as Project Director.
Carrie Castrovinci, Lieutenant, Glendale Police Department, shall serve as Project Administrator.

Gabriela Gallegos, Governor's Office of Highway Safety, shall serve as Project Coordinator.

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REPORT OF COSTS INCURRED (RCD:

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

Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited
to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records.

RCls shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the

Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will
not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th).

Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept
fiscal responsibility.

PROJECT MONITORING:

Highway safety 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 contracted project and serves as a continuous management
tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide
assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project
review and documentation.

Project monitoring 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

VVVVV

Types of Monitoring

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

> Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and

meetings
> On-Site/In-House monitoring reviews of project operations, management, and financial records
and systems
> Review of project Quarterly Reports
> Review and approval of Report of Costs 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 $100,000 Desk Review/Phone Conference
$100,000 and over May have an In-House GOHS Review

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$300,000+

May have an On-Site/In-House Review

Capital Outlay Greater than $100,000 (combined) May have an On-Site/In-House Review

Desk Review
and Phone
Conference

Internal review of all written documentation related to contractual project including, but not
limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters,
notes, press releases, photographs, inventories, and other written correspondence. A phone
conference call conducted during the course of the project which includes the date and time
of the call, the person(s) contacted, and the results. It serves as an informational review to
determine progress of programmatic/financial activities. Both the designated project
administrator and fiscal contact should be present, if possible, during the phone conference.
If identified financial or operational problems are present, GOHS reserves the right to bring
the grantee in for an in-house meeting at GOHS. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.

In-House
Review

Documents performance review results including project activities, reimbursement claims
review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Contract, 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, areas of improvement, concern, or recognition will be provided
to the grantee.

On-Site
Monitoring

Documents performance review results including project activities, reimbursement claims
review, equipment purchases, and other information. Reviews applicable information related
to the project(s) including, but not limited to the Contract, 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, areas of improvement, concern, or
recognition, will be provided to the grantee.

On-site/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 fiscal year.
Contracted projects displaying any problems may need on-site monitoring more than once during the fiscal

year.

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

VVVV VV

Progress toward meeting goals/objectives and performance measures

Adherence to the contract specifications, timely submission of complete and correct reports,
including required documentation

Quarterly Reports

Status of expenditures related to the outlined budget

Accounting records and RCI's

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

In addition, the designated Agency will ensure 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.

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Documentation

The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the Agency's respective Federal file. Findings will be discussed with the designated contract 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 may be placed on a performance plan as outlined by the GOHS Director. 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 GOHS Director signs the Highway Safety Contract and
terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract.

DURATION:

Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract
and expire at the end of the project period.

If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the
Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of
Highway Safety a minimum of sixty days (60) prior to the end of the project period.

The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of
Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail.
All requests for modification must bear the signature of the Project Director.

Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the
termination of the Contract shall be released back to the Governor’s Office of Highway Safety.

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Glendale Police Department SAFETY CONTRACT 2022-AI-015
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ESTIMATED COSTS:

I. Personnel Services (overtime) $0.00

Il. Employee Related Expenses (ERE) $0.00

Ill. Professional and Outside Services $10,000.00
Accident Investigation Training

IV. Travel In-State $0.00

V. Travel Out-of-State $0.00

VI. Materials and Supplies $59,276.00

EDR Cables (Kia, Hyundai, Tesla), EDR software,
Mapping software, Sotoxa Test System, Camera &

accessories
VII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS *$69,276.00

*Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit
reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is
the maximum ERE amount to be reimbursed. It is agreed and understood that the Glendale Police Department
shall absorb any and all expenditures in excess of $69,276.00.

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Glendale Police Department SAFETY CONTRACT 2022-AI-015
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CERTIFICATIONS AND AGREEMENTS

This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the
Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in
this Contract, hereinafter referred to as "AGENCY".

WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal
funds to STATE for approved highway safety 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 the United States
Department of Transportation (USDOT); and

WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for
approved highway safety projects; and

WHEREAS, AGENCY has submitted an application for Federal funds for highway safety 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 Contract.

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 Contract or at any time thereafter by giving thirty (30) days written
notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with
Quarterly Report requirements may result in withholding of Federal funds or termination of this
Contract.

C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract
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 Contract.

D. Representatives authorized by STATE and the National Highway Traffic Safety Administration
(NHTSA) will have the right to visit the site and inspect the work under this Contract whenever
such representatives may determine such inspection is necessary.

II. Reimbursement of Eligible Expenses
A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form
(RCI) to STATE each time there have been funds expended for which reimbursement is being

requested. Failure to meet this requirement may be cause to terminate the project under Section
XX herein, "Termination and Abandonment".

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Til.

IV.

B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal
funds have been claimed and reimbursement received, as may have been determined by a State or
Federal 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 Contract ceases
to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to
either give credit to the project cost or to another active highway safety 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 Contract.

C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased
under this Contract.

D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records.

E. AGENCY will insure any equipment purchased under this Contract 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.

The State must approve all out-of-state travel in writing and in advance.

Standard of Performance

AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish
all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to
furnish pursuant to this Contract.

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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VII.

VUI.

Non-Assignment and Sub-Contracts

This Contract is not assignable nor may any portion of the work to be performed be subcontracted
unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned
or operated by other than AGENCY unless agreed to in writing by STATE.

Work Products and Title to Commodities and Equipment

A. The work product and results of the project are the property of STATE, unless otherwise specified
elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the
like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise
provided for elsewhere in this Contract, are and remain the property of STATE and will be returned
at the completion of this project upon request of STATE. The work product and results of the
project will be furnished to STATE upon request, if no provision is otherwise made by this
Contract.

B. The provisions of subparagraph A apply whether or not the project contracted for herein is
completed.

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.

Uniform Administrative Requirements

(2 CFR Part 1201): Uniform Administrative Requirements, Cost Prinicples, and Audit Requirements
for Federal Awards:

The application of 2 CFR Part 200 "Procurement Standards" Requires that:

AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State
and local laws and regulations, provided that the procurements conform to applicable Federal law. 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 Contract as if fully set forth herein and AGENCY agrees to fully comply
with these requirements for any procurement using grant monies from this Contract.

XI.

XII.

Xi.

XIV.

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Non-Discrimination
During the performance of this contract/funding agreement, the contractor/funding recipient agrees

A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time
to time;

B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR part 21 and herein;

C. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;

D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding agreement, the State highway safety agency will have the right to impose
such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not
limited to, withholding payments to the contractor/funding recipient under the contract/agreement
until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part; and

E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement
and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this
program.

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.

Application of Hatch Act

The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.

Minority Business Enterprises (MBE) Policy and Obligation

A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part
23, will have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this Contract. Consequently, the minority business
enterprises requirements of 49 CFR Part 23 apply to this Contract.

B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as
defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds
provided under this Contract. In this regard, all recipients or contractors will take all necessary and
reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts. Recipients and their
contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the
award and performance of USDOT-assigned contracts.

XV.

XVI.

XVII.

XVIII.

XIX.

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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 Contract 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 Contract
will be subject at all reasonable times to inspection and audit by STATE for five (5) years after
completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety.

Appropriation of Funds by U.S. Congress

It is agreed that in no event will this Contract be binding on any party hereto unless and until such time
as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project
submitted herein and then only for the fiscal year for which such allocation is made. In the event no
funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein
for subsequent fiscal years, this Contract 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 Contract or project that may so become null
and void.

Continuation of Highway Safety Program

It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once
Federal 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 Contract and proceed to close said
operations under the Contract.

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C. The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final
reimbursement made to AGENCY on the basis of costs incurred. Upon termination or
abandonment, AGENCY will deliver to STATE all documents, completely or partially completed,
together with all unused materials supplied by STATE.

D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE,
provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY
will provide that costs can be incurred against the project up to and including sixty (60) days after
notice is given to STATE.

E. Any equipment or commodities which have been purchased as a part of this Contract and which
have not been consumed or reached the end of its useful life will be returned to STATE upon its
written request.

Cancellation Statute

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

In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation
if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract
on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time
while the Contract or any extension of the Contract is in effect, an employee of any other party to the
Contract in any capacity or a consultant to any other party of the Contract with respect to the subject
matter or the Contract.

The cancellation shall be effective when written notice from the Governor or Chief Executive Officer
or governing body of the political subdivision is received by all other parties to the Contract unless the
notice specifies a later time.

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 Contract is subject
to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all
administrative regulations governing grants established by the USDOT and STATE. It is expressly
agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety
Program and that AGENCY will meet the requirements as set forth in the accompanying Project
Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal
Statutes, Rules, Regulations, and Circulars referenced in this Contract 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 Governor's Highway Safety
Representative.

Certificate of Compliance

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

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Certification of Non-Duplication of Grant Funds Expenditure

This is to certify that AGENCY has no ongoing nor completed projects under contract with other
Federal fund sources which duplicate or overlap any work contemplated or described in this Contract.
It is further certified that any pending or proposed request for other Federal grant funds which would
duplicate or overlap work described in the Contract will be revised to exclude any such duplication of
grant fund expenditures. It is understood that any such duplication of Federal 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 Contract. If such audit has not been
performed, please advise when it is being scheduled.

Buy America Act

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with
Federal funds only steel, iron, and manufactured products produced in the United States, unless the
Secretary of Transportation determines that such domestically produced items 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 twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the
State must submit a waiver request that provides an adequate basis and justification to and approved
by the Secretary of Transportation.

Prohibition on Using Grant Funds to Check for Helmet Usage

The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.

Certification Regarding Debarment and Suspension

A. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.

B. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective primary tier participant shall
submit an explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary tier participant
to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.

C. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary tier participant knowingly rendered an erroneous certification, in

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addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default or may pursue suspension or debarment.

D. The prospective primary tier participant shall provide immediate written notice to the department
or agency to which this proposal is submitted if at any time the prospective primary tier participant
learns its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.

E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180
and 1200. You may contact the department or agency to which this proposal is being submitted for
assistance in obtaining a copy of those regulations.

F. The prospective primary tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.

G. The prospective primary tier participant further agrees by submitting this proposal that it will
include the clause titled Instructions for Lower Tier Certification including the Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered
Transaction, provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

H. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective
lower tier participants, each participant may, but is not required to, check the System for Award
Management Exclusions website (https://www.sam.gov).

I. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.

J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal government, the department or agency may terminate the transaction for cause of
default.

Glendale Police Department SAFETY CONTRACT 2022-AI-015

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Certification Regarding Debarment, Suspension, and Other Responsibility Matter

The prospective primary tier participant certifies to the best of its knowledge and belief, that it and
its principal:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.

Where the prospective primary tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Certification

By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.

The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.

The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.

The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts
180 and 1200. You may contact the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.

The prospective lower tier participant agrees by submitting this proposal that, should the proposed

covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,

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debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.

F. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
180 and 1200.

G. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred or otherwise ineligible to participate in covered transactions.
To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier
participants, each participant may, but is not required to, check the System for Award Management
Exclusions Website (https://www.sam.gov).

H. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.

I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or

agency.

B. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.