GOHS Contract 2024-405G-004

City of Glendale — Regular Meeting (2023-11-28)

Extracted text (via ocr_local) 47610 characters

GOVERNOR'S OFFICE OF STATE OF ARIZONA
HIGHWAY SAFETY
HIGHWAY SAFETY GRANT AGREEMENT

This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Grant between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing.
FAIN: 6943752430000405gAZ0 Assistance Listings: 20.616
i APPLICANT AGENCY GOHS GRANT NUMBER:
Glendale Police Department 2024-405g-004
ADDRESS PROGRAM AREA:
6835 N. 57th Dr., Glendale, Arizona 85301 405g
GOVERNMENTAL UNIT AGENCY CONTACT:
City of Glendale Robert Moreno
ADDRESS 3. PROJECT TITLE:
5850 W. Glendale Ave., Glendale, Arizona 85301 Pedestrian & Bicycle Safety Enforcement
GUIDELINES: Overtime, and Materials and Supplies- Fliers-
405g Brochures-Educational Items
BRIEFLY STATE PURPOSE OF PROJECT:
Federal 405g funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials
and Supplies: Fliers-Brochures-Educational Items to enhance Pedestrian & Bicycle Safety Enforcement
throughout the City of Glendale.
BUDGET Project Period
COST CATEGORY FFY 2024

Personnel Services $35,714.00

Employee Related Expenses (40%) $14,286.00

Professional and Outside Services $0.00

Travel In-State $0.00

Travel Out-of-State $0.00

Materials and Supplies $5,000.00

Capital Outlay $0.00

TOTAL ESTIMATED COSTS $55,000.00

FROM: Effective Date
PROJECT PERIOD (Date of GOHS Director Signature) TO: 09-30-2024

CURRENT GRANT PERIOD FROM: 10-01-2023 TO: 09-30-2024
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $55,000.00

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

GOHS HIGHWAY
Glendale Police Department SAFETY GRANT 2024-405g-004

PROBLEM IDENTIFICATION AND RESOLUTION:

Agency Background:
Number of sworn officers: 420
Total Population in city/town or county: 256,048

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

202120202019
Total Crashes 9123 m0 9384
Total Injury Crashes 97 96 105
Total Fatal Crashes 40 43 27
Total Pedestrian-related Crashes 128 181 158
Total Pedestrian-related Serious Injuries 26 24 23
Total Pedestrian-related Fatalities 14 18 10
Total Bicycle-related Crashes 7 | oa 53
Total Bicycle-related Serious Injuries 2 2 4
Total Bicycle-related Fatalities etl a 1

The data above represents: County {__] City/Town

Agency Problem/Attempts to Solve Problem:

The City of Glendale is growing in population, expanding in land annexation and gaining in popularity for a
variety of large-scale events. As the home of the State Farm Stadium, Arizona Cardinals, Gila River Arena,
Arizona Coyotes and neighbor of the Desert Diamond Casino the amount of traffic traveling on the roadways
continues to grow. This brings the inherent speed/impairment related vehicle collisions, increased traffic
volume, street racing, and overall increased vehicular crime on the roadways in Glendale. Pedestrian fatalities
decreased 13% and bicycle fatalities remained constant in 2021.

It is important to incorporate a plan to change driving behaviors, not only in the areas where pedestrians are
killed, but where speed, inattention, red-light violations and other factors contribute to the problem. Analysis
shows where pedestriar/bicyclist fatalities have occurred and they plan to address collisions within the top six
crash locations as well as identify the pedestrian collision hot spots.

Agency Funding:

Federal 405g funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials
and Supplies: Fliers-Brochures-Educational Items to enhance Pedestrian & Bicycle Safety Enforcement
throughout the City of Glendale.

How Agency Will Solve Problem with Funding:

The Glendale Police Department will utilize grant funding to enforce vehicle and pedestrian related traffic laws
and ordinances in locations with a high number of incidents. The distribution of fliers and promotional type
materials will raise awareness and educate on the problem of pedestrian and bicycle related crashes. Given the
large increase in fatalities in these areas, they are dedicating the Department to community outreach and
education efforts for FFY 2024.

GOHS HIGHWAY

Glendale Police Department SAFETY GRANT 2024-405g-004
PROGRAM MEASURES:

Agency Goals:

To decrease fatalities in pedestrian traffic-related fatalities 10% from 13 in calendar year 2022 to 10 by
December 31, 2024.

To decrease the number of pedestrian traffic-related serious injuries 10% from 24 in calendar year 2022 to 21
by December 31, 2024.

Program Objectives:

Conduct/participate in 2 outreach/educational bicycle and pedestrian safety events each quarter during FFY
2024,

Additional Program Objectives:
1. Purchase and distribute educational and awareness materials within the community.

2. Participate in the Maricopa Association of Governments (MAG) pedestrian and bicycle safety pilot
program to educate and enforce traffic laws which impact pedestrians and bicyclists.

GOHS HIGHWAY
Glendale Police Department SAFETY GRANT 2024-405g-004

GOALS/OBJECTIVES:

Expenditures of funding pertaining to the PS/Pedestrian and Bicyclist Safety Program including Personnel
Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply
with the Pedestrian and Bicyclist Safety Program goals provided by the Arizona Governor’s Office of Highway
Safety. The Pedestrian and Bicyclist Safety Program goal is to reduce the incidences of pedestrian and bicyclist
fatalities and injuries on roadways and in School Zones through enforcement, education, and public awareness
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
Pedestrian/Bicyclist Safety 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:

Personnel Services - To support Overtime for Pedestrian/Bicyclist Safety Enforcement Activities

Employee Related Expenses - To support Employee Related Expenses for Agency Overtime

Materials and Supplies - To purchase/procure the following Materials and Supplies for Pedestrian/Bicyclist
Safety Enforcement Activities:

Fliers-Brochures-Educational Items

PRESS RELEASE:

Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Grant Agreement. 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.

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.

<r
GOHS HIGHWAY
Glendale Police Department SAFETY GRANT 2024-405g-004

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 Grant Agreement. 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.

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 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

e 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 | to December 31, 2023) January 30, 2024
2™ Quarterly Report and RCI (January | to March 31, 2024) April 20, 2024
3" Quarterly Report and RCI (April 1 to June 30, 2024) July 20, 2024
4" Quarterly Report and RCI (July | to September 30, 2024) October 15, 2024
Final Statement of Accomplishments October 15, 2024

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.

GOHS HIGHWAY
Glendale Police Department SAFETY GRANT 2024-405g-004

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 Grant Agreement.

PROFESSIONAL AND TECHNICAL PERSONNEL:

Chris Briggs, Chief, Glendale Police Department, shall serve as Project Director.
Robert Moreno, Lieutenant, Glendale Police Department, shall serve as Project Administrator.
Gabriela Gallegos, Governor's Office of Highway Safety, shall serve as Project Coordinator.

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 submitted with appropriate supporting documentation to the Governor's Office of
Highway Safety. Electronically submitted RCIs will be accepted. Final RCIs will not be accepted fifteen
(15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after
the expiration date may not be reimbursed and the Agency will accept fiscal responsibility.

PROGRAM MONITORING:

Highway safety grant program 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 Grant Agreement and serves as a continuous management
tool. Program monitoring also presents an opportunity to develop partnerships, share information, and provide
assistance to granted agencies. Additionally, program monitoring outlines a set of procedures for grant review
and documentation.

Program 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

GOHS HIGHWAY
Glendale Police Department SAFETY GRANT 2024-405g-004

Types of Monitoring

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

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

> On-Site/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
$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 | Internal review of all written documentation related to Grant Agreement including, but not
and Phone | limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters,
Conference 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 Documents performance review results including project activities, reimbursement claims
Review review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Grant Agreement.
Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases,
photographs, inventories, and other written correspondence. Completed at GOHS in a
meeting with appropriate operational and financial personnel. Monitoring form written by
Project Coordinator, any findings, areas of improvement, concern, or recognition will be
provided to the grantee.

On-Site Documents performance review results including project activities, reimbursement claims
Monitoring review, equipment purchases, and other information. Reviews applicable information related
to the project(s) including, but not limited to the Grant Agreement, Quarterly Reports,
enforcement data, financial data, e-mails, letters, notes, press releases, photographs,
inventories, and other written correspondence. Conducted on-site at the grantee’s Agency
with monitoring form completed on-site by 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. Granted
projects displaying any problems may need on-site monitoring more than once during the fiscal year.

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~ GOHS HIGHWAY
Glendale Police Department SAFETY GRANT 2024-405¢-004

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

Progress toward meeting goals/objectives and performance measures

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

Quarterly Reports

Status of expenditures related to the outlined budget

Accounting records and RCI's

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

VVVV

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 grant agreement.

GOHS HIGHWAY

Glendale Police Department SAFETY GRANT 2024-405g-004
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 Grant 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 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 Grant Agreement
and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Grant
Agreement.

DURATION:

Grants shall be effective on the date the Governor’s Office of Highway Safety Director signs the Grant
Agreement 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 Grant Agreement 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 Grant Agreement. Any unexpended funds remaining at the
termination of the Grant Agreement shall be released back to the Governor’s Office of Highway Safety.

GOHS HIGHWAY
Glendale Police Department SAFETY GRANT 2024-405g-004

ESTIMATED COSTS:

1. Personnel Services (overtime) $35,714.00
Il. Employee Related Expenses (ERE) (40%) $14,286.00
II, Professional and Outside Services $0.00
IV. Travel In-State $0.00
V. Travel Out-of-State $0.00
Vi. Materials and Supplies $5,000.00
Fliers-Brochures-Educational Items
VIL. Capital Outlay $0.00
TOTAL ESTIMATED COSTS *$55,000.00

*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 $55,000.00.

GOHS HIGHWAY
Glendale Police Department SAFETY GRANT

2024-405g-004

QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)

Reporting Period

2024 Pedestrian / Bicycle Grant

Quarterly Report Enforcement Data Addendum

Agency Name:

Contract #:

Quarter: (1 - 4)

Description

Activity

Pedestrian Contacts

Citations

Warnings

Total Pedestrian Contacts

Bicyclist Contacts

Citations

Warnings

Total Bicyclist Contacts

Vehicle Contacts

Pedestrian-related Traffic Stops

Pedestrian-related Traffic Citations

Pedestrian-related Traffic Warnings

Bicyclist-related Traffic Stops

Bicyclist-related Traffic Citations

Bicyclist-related Traffic Warnings

Total Vehicle Contacts

Other Activities

Back to School Deployments

Other Deployments

Bicycle Rodeos

Educational Materials Distributed

Presentations or Educational Meetings

Task Force Events

Education through Social Media

Collaboration with Local Advocacy Groups

Other: (add below)

GOHS HIGHWAY
Glendale Police Department SAFETY GRANT 2024-405g-004

CERTIFICATIONS AND AGREEMENTS

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

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

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 Grant Agreement
whenever such representatives may determine such inspection is necessary.

IL Reimbursement of Eligible Expenses

A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form
(RCI) to STATE each time there have been funds expended for which reimbursement is being
requested. Failure to meet this requirement may be cause to terminate the project under Section
XX herein. "Termination and Abandonment".

GOHS HIGHWAY
Glendale Police Department SAFETY GRANT 2024-405g-004

WI.

Iv.

VI.

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 Grant
Agreement ceases to be used in the manner as set forth by this Grant Agreement. 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 Grant Agreement.

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

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

E. AGENCY will insure any equipment purchased under this Grant Agreement for the duration of its
useful life. Self-insurance meets the requirements of this section.

Travel

In-State and Out-of-State Travel

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

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 Grant Agreement.

Hold Harmless Agreement

Neither party to this agreement agrees to indemnify the other party or hold harmless the other party
from liability hereunder. However, if the common law or a statute provides for either a right to

indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or
both of these remedies is preserved.

Glendale Police Department SAFETY GRANT 2024-405g-004

GOHS HIGHWAY

VU.

IX.

XI.

Non-Assignment and Sub-Contracts

This Grant Agreement 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 Grant Agreement. All property, instruments, non-consumable materials, supplies,
and the like, which are furnished or paid for by STATE under the terms of this Grant Agreement,
unless otherwise provided for elsewhere in this Grant 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 Grant Agreement.

B. The provisions of subparagraph A apply whether or not the project granted 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 Grant Agreement as if fully set forth herein and AGENCY agrees to fully
comply with these requirements for any procurement using grant monies from this Grant Agreement.
Non-Discrimination

During the performance of this contract/grant agreement, the contractor/funding recipient agrees—

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

GOHS HIGHWAY

Glendale Police Department SAFETY GRANT 2024-405g-004

XII.

XIV.

XV.

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 2! 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/grant recipient fails to comply with any nondiscrimination provisions in
this contract/grant 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/grant recipient under the contract/grant agreement until
the contractor/grant recipient complies; and/or cancelling, terminating, or suspending a contract or
grant 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 Grant Agreement. Consequently, the minority
business enterprises requirements of 49 CFR Part 23 apply to this Grant Agreement.

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 Grant Agreement. 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 Grant Agreement.

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.

Glendale Police Department SAFETY GRANT 2024-405g-004

GOHS HIGHWAY

XVI.

XVII

XVIII.

XIX.

XX.

Inspection and Audit, ARS §35-214

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

Appropriation of Funds by U.S. Congress

It is agreed that in no event will this Grant Agreement 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 Grant 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 Contract or Grant
Agreement 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 Grant
Agreement 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 Grant Agreement and proceed to close
said operations under the Grant 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.

Glendale Police Department SAFETY GRANT 2024-405g-004

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XXI.

D. AGENCY may terminate or abandon this Grant 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 Grant Agreement and
which have not been consumed or reached the end of its useful life will be returned to STATE upon
its written request.

Cancellation Statute

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

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

Agreement 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 Grant Agreement
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 Grant Agreement. All State
and Federal Statutes, Rules, Regulations, and Circulars referenced in this Grant 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
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 Grant Agreement.

Certification of Non-Duplication of Grant Funds Expenditure

This is to certify that AGENCY has no ongoing nor completed projects under Grant Agreement with
other Federal fund sources which duplicate or overlap any work contemplated or described in this Grant
Agreement. It is further certified that any pending or proposed request for other Federal grant funds

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Glendale Police Department SAFETY GRANT 2024-405¢-004

which would duplicate or overlap work described in the Grant Agreement 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: Finance Dept.,
within thirty (30) days of the effective date of this Grant Agreement. 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.

Certification on Conflict of Interest
General Requirements

No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any
subaward, including contracts or subcontracts, in connection with this grant shall have, directly or
indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest
would arise when the employee, officer, or agent, any member of his or her immediate family, his or
her partner, or an organization which employs or is about to employ any of the parties indicated herein,
has a financial or personal interest in or a tangible personal benefit from an entity considered for a
subaward. Based on this policy:

|. The recipient shall maintain a written code or standards of conduct that provide for disciplinary
actions to be applied for violations of such standards by officers, employees. or agents.

a. The code or standards shall provide that the recipient's officers, employees, or agents may
neither solicit nor accept gratuities, favors, or anything of monetary value from present or
potential subawardees, including contractors or parties to subcontracts.

b. The code or standards shall establish penalties, sanctions or other disciplinary actions for
violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or
standards of conduct.

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Glendale Police Department SAFETY GRANT 2024-405g-004

Disclosure Requirements

No State or its subrecipient, including its officers, employees or agents, shall perform or continue to
perform under a grant or cooperative agreement. whose objectivity may be impaired because of any
related past, present, or currently planned interest, financial or otherwise, in organizations regulated
by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities.
Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible,
making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a
description of the action which the recipient has taken or proposes to take to avoid or mitigate such
conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the
recipient. If a conflict of interest is found to exist, NHTSA may

(a) terminate the award, or

(b) determine that it is otherwise in the best interest of NHTSA to continue the award and
include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present or currently planned
organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA
or with an organization whose interests may be substantially affected by NHTSA activities. and
which are related to this award. The interest(s) that require disclosure include those of any recipient.
affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past
interest shall be limited to within one year of the date of award. Key personnel shall include any
person owning more than a 20 percent interest in a recipient, and the officers, employees or agents
ofa recipient who are responsible for making a decision or taking an action under an award where
the decision or action can have an economic or other impact on the interests of a regulated or affected
organization.

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.

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Glendale Police Department SAFETY GRANT sa2sanse an]

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.

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
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.

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.

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.

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.

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.