HomeMy WebLinkAbout2014 09.15 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
1U Z at City Hall
Agenda 300 E.Superstition Blvd.
\gilONr Apache Junction,AZ
City Council Work Session 85119
apachejunctionaz.gov
Ph:(480)982-8002
Monday, September 15,2014 7:00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. 14-443 Presentation and discussion on the proposed vehicular advertising
component of the city's partnership program. Joining city staff in
making the presentation will be Mr. Chad Dragos, chief executive
officer of Public Safety Advertising. Presentation and discussion.
Sponsors. Roger Hacker
Attachments: Council Report September 15, 2014
PSA 10-Step
Advertising prototype
Specificiation and sales sheet
Disclaimer prototype
2. 14-413 Sewer District Board interviews for two vacancies. This item gives
council the opportunity to interview the applicants interested in the
positions. The opportunity to appoint applicants or reappoint current
members to the vacant positions will be on the September 16 regular
meeting agenda under New Business. Discussion only.
Sponsors: Bryant Powell
Attachments: J Struble reappointment request
K Waldron reappointment request
L Buzzin consideration request
3. 14-448 Annual board and commission appointments and reappointments.
The council will discuss the procedure for board and commission
annual appointments and reappointments at this work session. Staff
is requesting direction on September 16 on how to proceed with
setting up applicant interviews and final selection. Discussion.
Sponsors: Kathy Connelly
Attachments: 2014 b&c appointments ds ws
B&C ds 2014
City of Apache Junction,Arizona Pagel Printed on 611512026
City Council Work Session Agenda September 15,2014
4. 14-387 Presentation and discussion on North Plaza Drive and North Apache
Trail speed limits and center line markings. Presentation and
discussion.
Sponsors: Dave Waldron
5. 14-446 Presentation and discussion with Public Works on planned street work
for Fiscal Year 2014-2015 including the elements which influence and
change the plan. Presentation and discussion.
Sponsors: Shane Kiesow
6. 14-411 Presentation and discussion on proposed contracts between the
Apache Junction Police Department and the Governor's Office of
Highway Safety for reimbursement of personnel services and
procurement of equipment. The contracts are as follows: Contract#
GOHS 2015-164-004 -$2,000.00 for equipment; Contract#GOHS
2015-164-007-$47,000.00 for the purchase of a fully equipped
marked DUI Alcohol Enforcement Police Package SUV; Contract#
2015-HV-001 -$10,000.00 for personnel services and related
expenses; and Contract#2015-PT-002 - $10,985.00 for personnel
services and related expenses, and equipment. The total of these four
contracts are$69,985.00. Presentation and discussion.
Sponsors: Thomas Kelly
Attachments: GOHS 2015-164-004 Contract
GOHS 2015-164-007 Contract
GOHS 2015-HV-001 Contract
GOHS 2015-PT-002 Contract
7. 14-420 Presentation and discussion on military style vehicles in the police
department fleet. Presentation and discussion.
Sponsors: Thomas Kelly
8. 14-422 Presentation and discussion on beautification of the Focal Point.
Presentation and discussion.
Sponsors: Robin Barker
9. 14-451 Presentation and discussion on the second amendment to the
easement agreement between Verizon Wireless and the City of
Apache Junction for location of communication equipment on city
property. Presentation and discussion.
Sponsors: Matt Busby
Attachments: 2nd Amendment(9 10 14) FINAL
MOL91014
Verizon 1996 PHO Plank Agreement
Verizon 1 st Amended Easement Agr
City of Apache Junction,Arizona Page 2 Printed on 6/15/2026
City Council Work Session Agenda September 15,2014
D. ADJOURNMENT
Copies of this agenda and additional information regarding any of the items listed above may be obtained
Monday through Thursdays, 7:00a—6:00p, excluding holidays, from the City Clerk's office located at:
300 East Superstition Boulevard,Apache Junction,AZ
If any person with a disability needs any type of accommodation,please notify the Human Resources
Office, at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time.
City of Apache Junction,Arizona Page 3 Printed on 611512026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
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• Agenda Item No. 1.
�Piz File ID: 14-443
Sponsor: Roger Hacker Agenda Date: 9/15/2014
Index: In Control: City Council Work Session
Presentation and discussion on the proposed vehicular advertising component of the city's
partnership program. Joining city staff in making the presentation will be Mr. Chad Dragos, chief
executive officer of Public Safety Advertising. Presentation and discussion.
At its June 3, 2014 meeting, the city council directed staff to prepare and present a pilot
vehicular advertising program. Staff has taken council's feedback and has incorporated it into
the program to be presented.
City of Apache Junction,Arizona Page 1 Printed on 611512026
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'IRIZONP Development Services Department
MEMORANDUM
DATE: August 26, 2014
TO: The Honorable Mayor and City Council
THROUGH: Bryant Powell, Assistant City Manager
Lawrence Kirch, Development Services Director
FROM: Roger S. Hacker, Revenue Resources Manager
SUBJECT: Proposed Vehicular Advertising Program
REQUEST
Staff respectfully requests that the city council review and discuss the proposed
vehicular advertising program utilizing city vehicles.
BACKGROUND
2013: Staff is asked by a potential corporate partner if the city would accept advertising
on city vehicles. At the direction of the city manager, staff polls the city councilmembers
to assess their support for this potential new source of revenue. Staff distributed the
information to councilmembers.
2014: During the April 14t" work session, staff reviewed council's comments and
presented information about outdoor advertising companies that potentially work with
public entities on vehicular advertising. During the May 19t" work session, council
received a report from Mr. Chad Dragos, Chief Executive Officer of Public Safety
Advertising ("PSA"). During the June 2"d work session, council reviewed its comments
from previous work sessions and discussed the concept of vehicular advertising. During
its June 3rd meeting, councilmembers directed staff to present to them a proposed
program that included the following stipulations:
• Does not include police cars;
• Starts small (i.e. a pilot program);
• Educates the public that an advertisement is not an endorsement by the city of a
prod uct/service/company;
• Contains a disclaimer on the vehicle that the city does not endorse the advertised
product, service, or company; and
• Works with the city's sales tax staff to identify tax liability generated.
Page 1 of 3
Further, council directed that the program not include the following products:
• Alcoholic beverages when the targeted beneficiaries of the partnership are youth under
the State's legal drinking age;
• Tobacco products;
• Sexually oriented businesses or activities as defined in the Apache Junction City Code;
• Guns or other weapons (including brands and distributors); and
• Political candidates, campaigns and other non-commercial political speech.
DISCUSSION
Since the June 3, 2014, meeting, city staff and Public Safety Advertising have worked
together to address the following issues:
Proposed process to be utilized
PSA has developed a successful ten step process for developing an advertising
program utilizing public vehicles. PSA is recommending that the city follow this process.
See Attachment One.
City assets
The city's fleet was inventoried; 26 vehicles were identified for possible inclusion in the
program. Vehicles were examined for total mileage, annual mileage, type of vehicle,
and available space. The breakdown of the vehicles is as follows: Parks and Recreation
8; Water 8; Development Services 4; Public Works 4; Court 1 ; and
Information Technology 1 .
Prototype of advertisement
11 (h) x 40 (w) acrylic signs, produced by the 3 M Company, will be used; the signs
include the 3 M Company's standard two year product warranty. Signs will be affixed by
adhesive that does not harm the finish of the vehicle. Advertisements will be affixed to
both sides of the rear of the vehicle. See Attachment Two.
Specifications and sale sheet
Public Safety Advertising developed the pricing and specifications sheet based on
current advertising rates, standard advertising sizes, and the vehicular travel of the
identified vehicles. Utilizing the 26 vehicles (52 sides), PSA developed five annual
packages. Ranging from $11 ,400 to $59,280, the packages offer a potential partner a
number of options. Custom packages can also be developed upon request. See
Attachment Three.
Request for proposal
It is PSA's recommendation that the city release the information about the advertising
program using local/regional media, the city's existing bid list, and the city's various
Page 2 of 3
electronic formats. Information would include all details necessary to submit a bid plus
all appropriate deadlines. Bids would be accepted on a first come first served basis.
Public education campaign
PSA is recommending a public education campaign that runs from two to four weeks.
The purpose of the campaign is to provide accurate information to citizens and
community groups about the program; answer questions and concerns; and help
generate interest in the program. The campaign would include articles in local/regional
newspapers, presentations, and potentially television interviews.
Beneficiary of advertising revenue
Based on its experience, PSA recommends that the city identify a project/priority that
will receive the revenue generated by the advertising. This strategy serves a number of
purposes: it shows a direct benefit of the money generated; it shows that the city is
"thinking outside the box" in generating revenue to fund services; it shows that the city is
not reliant on tax dollars to fund services. Ultimately, this strategy helps to create a
positive impression of the advertising program.
Disclaimer prototype
Per council direction, staff recommends that the vehicles contain signage with the
following verbiage: "Advertisement: Not endorsed by the City of Apache Junction." See
Attachment Four.
RECOMMENDATION
Staff respectfully requests that the city council review and discuss staff's proposal for
implementation of a vehicular advertising program.
ACTION REQUIRED
Review and discussion.
At the end of the discussion, city staff will seek to determine if the council is comfortable
with staff moving forward with the program.
ATTACHMENTS
Attachment One: Public Safety Advertising Process
Attachment Two: Advertising Prototype
Attachment Three: Specification and Sales Sheet
Attachment Four: Disclaimer Prototype
Page 3 of 3
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Public Safety Advertising
The Public Safety Advertising Process :
1. Determine initial interest
2. Identify city assets
3. Identify funding programs/items
4. Design program
5. Council / Leadership approval
6. Educate/Promote
7. Spec sheet
8. Sales
9. Document/Production
io. Strategic Planning
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Hello and welcome to Public Safety Avertising.
This document represents the City of Apache Junction's specifications and pricing sheet for fleet advertising.
You are encouraged to view the public entity website for review of locations, population, and other
revelant information. Public Safety Advertising cannot recommend, suggest, or advise on the best
marketing strategy for your company's needs.
Vehicles All 26 Parks/Rec Water Dev. Serv./IT Pub. Works/Court
Price/Year $ 59,280 $ 18,240 $ 18,240 $ 11,400 $ 11,400
• 52 16 16 10 10
• $4,940 $ 1,520 $ 1,520 $ 950 $ 950
• * 10% discount for Option 1 pre-paid. (Above price does not include discount)
5%discount for all Options pre-paid, 12 months. (Above price does not include discount)
• All vehicles have same size and location on opposing side.
• Custom options may be available.
• Current advertisers have first option at renewal.
Specifications
All: 40" W x 11" H
Same on each side.
Vehicles Include: Large/Small,Trucks and Vans
To maintain its City public image and to better support the community,the City of Apache Junction has
chosen to not accept advertising that includes:
• Alcoholic Beverages
• Tobacco/nicotine to include smokeless and electronic
• Sexually orientated
• Weapons of any kind to include manufacturing, brands, training, distribution
• Political
Thank you.
Chad Dragos
Chief Executive Officer
Public Safety Advertising, LLCT`
Public Safety Adiertising
This is an example of a non-endorsement statement sticker that could be applied to city vehicles.
The wording and artwork can be adjusted to city specifications. City can determine style, verbiage,
color, and size. Sticker can be provided for a nominal fee. Sticker could be affixed either adjacent
to the advertisement or on the rear of the vehicle. Staff recommends that it be affixed to the rear of
the vehicle.
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= Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.2.
Piz File ID: 14-413
Sponsor: Bryant Powell Agenda Date: 9/15/2014
Index: In Control: City Council Work Session
Sewer District Board interviews for two vacancies. This item gives council the opportunity to
interview the applicants interested in the positions. The opportunity to appoint applicants or
reappoint current members to the vacant positions will be on the September 16 regular meeting
agenda under New Business. Discussion only.
City of Apache Junction,Arizona Page 1 Printed on 611512026
Janet Mason
From: Bryant Powell
Sent: Wednesday,July 30, 2014 12:02 PM
To: Janet Mason
Cc: George Hoffman;Jeff Struble; Kathy Connelly
Subject: Fwd: SMCFD Board
Attachments: image006.png; image007.png; image008.png; image009.png
Jan
Please see below and proceed to next steps.
Bryant
Sent from my iPhone
Begin forwarded message:
From:Jeff Struble<jeff@rhinodreams.com>
Date:July 30, 2014 at 10:15:03 AM MST
To: 'Bryant Powell' <bpowelI@AJCity.Net>
Subject:SMCFD Board
Bryant
I would like to submit my name to the Apache Junction City Council to be appointed to the Superstation
Mountain Community Facility District#1 Board of Directors.This is the seat on the board that I currently
hold.
Thank you for your consideration of my request
Jeff Struble
Jeff Struble
Padgett Business Services
PO BOx 31867
Mesa, AZ 85275
480-668-1155
Fax 480-668-1313
www.rhinodreams.com
CONFIDENTIALITY NOTICE: The information or advice transmitted in this message (including
any attachments) is for the sole use of the person or entity to which it is addressed, in
connection with the specific issue or transaction discussed or referenced within this
message. This message may contain confidential, proprietary, and/or privileged material,
thus any review, retransmission, dissemination or other use of, or taking of any action in
reliance upon, this information by persons or entities other than the intended recipient is strictly
prohibited. If you are not the intended recipient of this communication, please
contact the sender, destroy all printed copies and delete the material from all
computers.
i
Janet Mason
From: Bryant Powell
Sent: Wednesday, July 30, 2014 12:04 PM
To: Janet Mason
Cc: George Hoffman; Kathy Connelly; Kathleen Waldron
Subject: Fwd: Reappointment to Sewer Board
Jan
Please see below and please proceed to next steps.
Thanks
Bryant
Sent from my iPhone
Begin forwarded message:
From: Kathleen<nails4ukguixnet.net>
Date: July 30, 2014 at 10:08:21 AM MST
To: Bryant Powell <bpowell@AJCity.Net>
Subject: Reappointment to Sewer Board
To the Mayor and City Council members:
I would like to be reappointed to the District Sewer Board.
Thank you,
Kathleen Waldron
i
Barbara Duft
From: Barbara Duft
Sent: Thursday, September 11, 2014 7:32 AM
To: Bryant Powell
Subject: Sewer Board Applicant - L Buzzin
Bryant—
I received a message from Luciano Buzzin yesterday regarding the Sewer Board vacancies. He would like to
be considered for one of the vacancies.
Barbara Duft I Administrative Assistant
City Manager's Office
_ram City of Apache Junction
300 E.Superstition Blvd.
Apache Junction, AZ 85119
Office Number 480.474.5066
Follow Us On:
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City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays.
This message and the information within is intended for the recipient. If you received this email in error, please
notify the sender and then delete the email. Emails generated by council members or City staff pertaining to
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1
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 3.
'+'Piz File ID: 14-448
Sponsor: Kathy Connelly Agenda Date: 9/15/2014
Index: In Control: City Council Work Session
Annual board and commission appointments and reappointments. The council will discuss the
procedure for board and commission annual appointments and reappointments at this work
session. Staff is requesting direction on September 16 on how to proceed with setting up
applicant interviews and final selection. Discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
AUGUST 12, 2014
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH: GEORGE R. HOFFMAN, CITY MANAGER
THROUGH: KATHLEEN CONNELLY, CITY CLERK
FROM: JAN MASON, DEPUTY CITY CLERK
SUBJECT: AGENDA ITEM FOR SEPTEMBER 15, 2014 WORK SESSION
AND SEPTEMBER 16, 2014 REGULAR MEETING
(BOARD & COMMISSION APPOINTMENTS &
REAPPOINTMENTS DIRECTION TO STAFF)
The council will discuss the procedure for board and commission appointments and
reappointments at the work session of September 15, 2014. Staff is requesting direction to
proceed with setting up applicant interviews and final selection.
Please contact me if you need any additional information.
CITY OF APACHE JUNCTION
BOARDS AND COMMISSIONS
TERM EXPIRES ADDRESS HOME PHONE WORK PHONE
BOARD OF ADJUSTMENT (3 year terms of office—city residents only)
Anthony Bowler 10-31-14 1124 W. 3rd Avenue 85120 710-1150 710-1150
Jesse Gage 10-31-15 839 N. Vista 85119 602-291-6552
Andrew Whiteneck 10-31-14 1034 E. Pima 85119 204-6947
Mike Weller 10-31-15 471 W. 21stAvenue 85120 983-1145 983-5674
Chester Burgess 10-31-16 P.O. Box 3880 85117 (765) 808-4466 (cell)
Ralph Stinson 10-31-14 2701 S. Idaho Rd. #108 85119 227-1293
Dennis Hall 10-31-16 711 E. Hondo Avenue 85119 289-0698
CONSTRUCTION CODE BOARD OF APPEALS (2 year terms of office— nonresidents allowed, but must be in
sphere of influence)
Professional Architect or Engineer:
Anthony Bowler 10-31-14 1124 W. 3rd Avenue 85120 710-1150 710-1150
General Contractor:
(Vacancy) 10-31-15
Contractor other than General Contractor:
Dallas Dewey 10-31-14 2758 W. McKellips 85120 982-4523 982-3679
John Ford 10-31-15 5484 E. 36th Avenue 85119 983-6776 983-6776
Lay Person:
Kenneth Wright 10-31-14 267 E. Saddle Butte 85119 288-6105 499-3680
Chester Burgess 10-31-15 116 S. Vista Road 85120 765-808-4466 (cell)
HEALTH AND HUMAN SERVICES COMMISSION (three year terms of office—nonresidents allowed, but must be in
sphere of influence)
Andrew Whiteneck*" 10-31-14 1034 E. Pima 85119 204-6947
Randy Mullen* 10-31-15 3248 S. Chaparral 85119 671-9747 603-5922
Judy Borey 10-31-16 461 W. Apache Trail 85120 699-0569 (cell) 239-0651
Jodene Weeter 10-31-15 1116 S. Grand 85120 984-4471
Georgiana Elias 10-31-14 5359 E. Broadway 85119 354-5158 321-4311
INDUSTRIAL DEVELOPMENT AUTHORITY (six year terms of office—city residents only)
Jane Jones-Denney 10-31-15 2084 W. 9th Avenue 85120 363-1299 983-6247
Jeff Struble 10-31-15 953 S. Warner 85120 694-5100 694-5100
(vacancy) 10-31-14
Andrew Whiteneck 10-31-14 1034 E. Pima 85119 204-2947
(vacancy) 10-31-16
Luciano Buzzin 10-31-16 3355 S. Cortez#35 85119 374-4023
Rudolph Tameron 10-31-14 3899 S. Wickiup 85119 982-6890 516-3539
Unless otherwise indicated, all addresses are for Apache Junction.
*Chairman
**Vice Chairman
Page 1 of 3 8118114
TERM EXPIRES ADDRESS HOME PHONE WORK PHONE
LIBRARY BOARD (three year terms of office—city residents only)
Randy Mullen 10-31-14 3248 S. Chaparral Rd. 85119 671-9747 603-5922
Robert Mayo** 10-31-14 3700 S. Ironwood Drive#124 85120 982-5698 (cell) 334-0761
Todd Cousins 10-31-15 1040 W. 19th Avenue 85120 982-1766 626-833-1696
Loretta Nielsen 10-31-15 2540 W. Hawks Eye Ave. 85120 983-4199 (cell) 602-400-6010
Theresa Nesser 10-31-16 1511 S. Cactus Rd. 85119 982-1403
Don Breiland 10-31-16 975 N. Vista Road 85119 985-6569 602-236-3870
Rhonda Jackson 10-31-16 P.O. Box 3963 85117 288-4031
MUNICIPAL PROPERTY CORPORATION BOARD MEMBERS AND STATUTORY AGENT (FOR INFO. ONLY)
(three year terms of office—city residents only)
Jeff Struble 10-31-14 953 S. Warner 85120 694-5100 694-5100
Wayne Standage 10-31-15 1920 E. 20th Avenue 85119 982-1051
Michael Weller 10-31-14 471 W. 21stAvenue 85120 980-1685 983-5674
Ed Barker 10-31-16 860 S. Saguaro 85120 982-0634 982-6397
Jodene Weeter 10-31-16 1116 S. Grand 85120 984-4471
Scott W. Ruby
c/o Gust Rosenfeld P.L.C.
201 E. Washington Street, Suite 800
Phoenix, AZ 85004-2327
PARKS AND RECREATION COMMISSION (three year terms of office—city residents only)
Jesse Gage 10-31-14 839 N. Vista 85119 602-291-6552
Jennifer McGraw 10-31-15 1333 S. Cactus Rd. 85119 299-1454 947-3300X527
Theresa Nesser* 10-31-15 1511 S. Cactus Rd. 85119 982-1403
Wayne Standage, Jr. 10-31-15 1920 E. 20th Avenue 85119 982-1051
Mona Barton 10-31-16 1264 S. Palo Verde 85120 671-1345 982-1110 x2314
Judy Borey 10-31-16 461 W. Apache Trail 85120 699-0569 239-0651
Jeff Struble 10-31-14 953 S. Warner 85120 694-5100 694-5100
PLANNING AND ZONING COMMISSION (three year terms of office—city residents only)
Luciano Buzzin 10-31-14 3355 S. Cortez Rd. #35 85119 374-4023
Peter Heck 10-31-14 1390 N. San Marcos 85120 254-8883 983-5047
Pat Richmond 10-31-14 3080 W. 16th Avenue 85120 982-0781
Liza Kovach 10-31-15 2309 S. San Marcos 85120 734-1485 474-5617
Colleen Hill 10-31-16 1615 W. Mockingbird St. 85120 233-1577 233-1577
Robert Schroeder 10-31-16 1961 E. 36th Avenue 85119 671-0833 253-7297
Theresa Nesser* 10-31-15 1511 S. Cactus Rd. 85120 982-1403
PUBLIC SAFETY PERSONNEL RETIREMENT BOARD (four year terms of office—city residents only)
Mayor Insalaco* 1-1-17 300 E. Superstition Blvd. 85119 982-8002
Troy Mullender 10-31-14 (Police Department Rep.)
Clyde Allison 10-31-16 (Police Department Rep.)
Jodene Weeter 10-31-14 1116 S. Grand 85120 984-4471
Tom James 10-31-16 P.O. Box 8564 85178 288-2716
*Chairman
**Vice Chairman
Page 2 of 3 8118114
TERM EXPIRES ADDRESS HOME PHONE WORK PHONE
SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 (six year terms of office— must be
property owner of no more than 40 acres
Kathleen Waldron 7-7-2014 P.O. Box 4284 85178
Patricia Richmond 7-7-2016 3080 W. 16th Avenue 85120 982-0781
Anthony Bowler 7-7-2016 1124 W. 3rd Avenue 85120 710-1150 710-1150
Steven McDaniel 7-7-2016 1666 S. Lawson Drive 85120 602-796-1629 789-2753
Jeff Struble 7-7-2014 953 S. Warner 85120 694-5100 694-5100
*Chairman
**Vice Chairman
Page 3 of 3 8118114
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No.4.
'Piz File ID: 14-387
Sponsor: Dave Waldron Agenda Date: 9/15/2014
Index: In Control: City Council Work Session
Presentation and discussion on North Plaza Drive and North Apache Trail speed limits and
center line markings. Presentation and discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
'PizoN►' File ID: 14-446
Sponsor: Shane Kiesow Agenda Date: 9/15/2014
Index: In Control: City Council Work Session
Presentation and discussion with Public Works on planned street work for Fiscal Year 2014 -
2015 including the elements which influence and change the plan. Presentation and
discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
�Pii File ID: 14-411
Sponsor: Thomas Kelly Agenda Date: 9/15/2014
Index: In Control: City Council Work Session
Presentation and discussion on proposed contracts between the Apache Junction Police
Department and the Governor's Office of Highway Safety for reimbursement of personnel
services and procurement of equipment. The contracts are as follows: Contract#GOHS
2015-164-004 -$2,000.00 for equipment; Contract#GOHS 2015-164-007 -$47,000.00 for the
purchase of a fully equipped marked DUI Alcohol Enforcement Police Package SUV; Contract#
2015-HV-001 -$10,000.00 for personnel services and related expenses; and Contract
#2015-PT-002 -$10,985.00 for personnel services and related expenses, and equipment. The
total of these four contracts are$69,985.00. Presentation and discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
00CC of?7
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JANICE K.BREWER ALBERTO GUTIER
>y GOVERNOR DIRECTOR
rl0 OL GOVERNOR'S HIGHWAY SAFETY REPRESENTATIVE
Chief Tom Kelly PROJECT REFERENCE:
Apache Junction Police Department Contract Number:2015-164-004
300 E.Superstition Blvd.Purpose of Project:DUI Alcohol Equipment
Apache Junction,Arizona 85119(4 PBTs)
Dear Chief Kelly:
Enclosed are two(2)copies of the referenced Highway Safety Contract for your review and signature.This is not
an authorization to proceed with the project.
Please complete the following steps:
1.Please review the entire contract as there have been significant changes throughout the contract;
2.Have your fiscal staff complete the Reimbursement Instructions(page 20)of both copies;
3.As Project Director,sign and date the signature page of both copies;
4.Obtain the signature of George Hoffman,City Manager of the City of Apache Junction,as the Authorized
Official of Governmental Unit,on the signature page of both copies;
5.Return all signed copies of the contract to Governor's Office of Highway Safety,3030 North Central
Avenue,Suite 1550,Phoenix,Arizona,85012.
Please do not incur any costs at this time as it would nullify the contract.Once the signed copies are received,I
will approve and the contract as the GOHS Director/Governor's Highway Safety Representative and an
original executed ontr ct with a letter of authorization to proceed will be forwarded to you.
Sincerel
Alberto G'er ector
Governor's ghway Safety Representative Date
Enclosures
AG:kink
3030 NORTH CENTRAL AVENUE,SUITE 1550,PHOENIX,ARIZONA 85012
TELEPHONE(602)255-3216 1 TOLL FREE(877)355-3216 1 FAx(602)255-1265
WWW.AZGOHS.GOV
GOVERNOR'S OFFICE OF STATE OF ARIZONA
HIGHWAY SAFETY(GOHS)
HIGHWAY SAFETY CONTRACT
This page,the Project Directors 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.
CFDA 20.608
1.APPLICANT AGENCY GOHS CONTRACT NUMBER
Apache Junction Police Department(AJPD)2015-164-004
ADDRESS PROGRAM AREA
300 East Superstition Blvd.164-AL
Apache Junction,AZ 85119
2.GOVERNMENTAL UNIT AGENCY CONTACT
City of Apache Junction Tom Kelly
ADDRESS 3.PROJECT TITLE
300 East Superstition Blvd.DUI Alcohol Enforcement Equipment-Four(4)
Apache Junction,AZ 85119 PBTs
4.GUIDELINES
164-Alcohol(AL)
5.BRIEFLY STATE PURPOSE OF PROJECT:
Federal 164 funds will support the purchase of Four(4)Portable Breath Testers(PBTs).The DUI Alcohol
enforcement equipment will enhance DUI Alcohol enforcement throughout the City of Apache Junction.
100%of 164 will be used for this contract.
6.BUDGET Project Period
COST CATEGORY FY 2015
I.Personnel Services$0.00
H.Employee Related Expenses$0.00
III.Professional and Outside Services$0.00
IV.Travel In-State$0.00
V.Travel Out-of-State$0.00
VI.Materials and Supplies$0.00
VH.Capital Outlay$2,000.00
TOTAL ESTIMATED COSTS$2,000.00
PROJECT PERIOD FROM:Effective Date(Date of GOHS TO:09-30-2015
Director Signature)
CURRENT GRANT PERIOD FROM:10-01-2014 TO:09-30-2015
TOTAL FEDERAL FUNDS OBLIGATED THIS FY:$2,000.00
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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PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Apache Junction Police Department serves the city of Apache Junction,which has a population of
approximately 39,000 people and has heavy traffic zones partly because the city lies between the large
population of the Phoenix metropolitan area and popular area lakes.The US 60 freeway and Ironwood Road
experience heavy traffic coming in and out of town to the San Tan Valley Area and Queen Creek.Apache
Junction north sector and west sector has many dirt roadways,which adds its own unique problem because of
the desire for no light pollution.The town also experiences a large influx of winter visitors which increases
the population by almost 50,000 people each year,and seasonally adds to traffic.
Agency Problem:
The Apache Junction Police Department seeks funding from the Governor's Office of Highway Safety
(GODS)to support participation in DUI Alcohol enforcement to reduce the number of DUI drivers and DUI
Alcohol accidents within the city of Apache Junction;however,fiscal constraints challenge the Apache
Junction Police Department's ability to fund the equipment necessary to address the current DUI Alcohol
issue fully.
Apache Junction has unique problems regarding alcohol impaired drivers:
•Ironwood Corridor-Throughout the year,most accidents occur in this area,and most DUIs are
found along this corridor.Ironwood runs between cities and towns in the Valley of the Sun,and
unincorporated communities in the San Tan Valley area including Gold Canyon and Queen Valley,
and to the town of Queen Creek.
•Lost Dutchman Boulevard-During the summer months,many DUIs are apprehended on Lost
Dutchman,a road popular with people traveling between the Valley and lakes or the Salt River for
recreation.Drivers heading home from tubing the Salt or enjoying the lakes have often been drinking
and are frequently tired after a day in the heat and sun.
•Idaho Road-This road,also known as Highway 88,is popular with boaters and has similar problems
with tired people driving back to Valley communities after a day spent on the lake.When the Apache
Junction Police Department holds sobriety checkpoints,they are most frequently located along
Highway 88.
•Popular bars in the region-There are some popular bars located near,but not in,Apache Junction.
Patrons of these establishments pass through the municipality when leaving and create hazards.
•Winter Visitors-Apache Junction nearly doubles its population during the winter months.As the
population increases,so do the number of traffic problems,accidents,and DUIs.Some seasonal
visitors create unique problems because they tend to drink early in the day.Apache Junction Police
Department provides more enforcement to address these issues.
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Agency Attempts to Solve Problem:
Apache Junction Police Department has performed small scale DUI Alcohol details and the investigation of
accidents for possible DUI Alcohol violations.The department has also assisted Pinal County and the East
Valley Task Forces in the past and would like to continue in the Mesa and San Tan Valley Area.
Agency Funding:
Federal 164 funds will support the purchase of Four(4)Portable Breath Testers(PBTs).The DUI Alcohol
enforcement equipment will enhance DUI Alcohol enforcement throughout the City of Apache Junction.
100%of 164 will be used for this contract.
How Agency Will Solve Problem With Funding:
The Apache Junction Police Department will utilize GOHS funding to purchase four(4)Portable Breath
Testers(PBTs).The agency will use the PBTs to assist officers dedicated to DUI Alcohol enforcement.The
agency will use the PBTs to support DUI Alcohol enforcement throughout the City of Apache Junction as
well as the surrounding area.
The PBTs will help Apache Junction Police Department participate in DUI task forces in Pinal County and
the east valley areas,and to conduct city wide DUI saturation patrols and DUI check points.To reduce traffic
problems and DUI alcohol violations,Apache Junction Police Department plans to train officers in HGN,
ARIDE,DRE,and other methods to detect and apprehend alcohol impaired drivers.
Measurable goals for these efforts include:
•To decrease alcohol related accidents by 10%from the 2013 base average of 25
•To decrease the DUI related violations by 10%from the 2013 base of 71
•To increase our DUI related arrests by 10%from the 2013 base of 71
•To conduct 5 DUI saturation details by September 2015
•To conduct 5 speed enforcement details by September 2015
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GOALS/OBJECTIVES:
Federal 164 funds will support the purchase of Four(4)Portable Breath Testers(PBTs).The DUI Alcohol
enforcement equipment will enhance DUI Alcohol enforcement throughout the City of Apache Junction.
100%of 164 will be used for this contract.
Expenditures of funding pertaining to Alcohol Enforcement including Personnel Services and ERE,Materials
&Supplies,Capital Equipment and/or Travel In and Out of State shall comply with the Program Goals
provided by the Arizona Governor's Office of Highway Safety.The program goal is to reduce the incidence of
alcohol-impaired driving,fatalities,and injuries through enforcement,education and public awareness
throughout Arizona.Law Enforcement personnel participating in Alcohol Enforcement/DUI activities
including DUI Task Force details under this program shall be HGN/SFST certified.
MEDIA RELEASE:
To prepare complete press release information for media(television,radio,print and on-line)during each
campaign period including a main press release,schedule of events,departmental plans and relevant data.The
material will emphasize the campaign's purpose,aggressive enforcement and the high cost of DUI
Alcohol in terms of money,criminal and human consequences.
The Apache Junction Police Department will maintain responsibility for reporting sustained enforcement
activity in a timely manner.Additionally,it is the responsibility of the Apache Junction Police Department to
report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than
10:00a.m.the morning following each day of the event.
The holidays and special events include but not limited to:Super Bowl Sunday,Valentine's Day,President's
Day,St.Patrick's Day,Spring Break,Easter,Cinco de Mayo,Prom Night,Memorial Day,Graduation Day,
Independence Day,Labor Day,Columbus Day,Halloween,and the Thanksgiving through New Year's details.
PLEASE NOTE:Failure to submit Statistics,Quarterly Reports and/or RCIs on time and correctly
may delay reimbursement for expenditures to your agency.
METHOD OF PROCEDURE:
The Apache Junction Police Department will make expenditures as follows to meet the outlined Program
Goals/Objectives:
Capital Outlay
Four(4)Portable Breath Testers(PBTs)
PRESSRELEASE:
Agencies are required to develop and distribute a press release announcing this grant award(a copy of this
press release shall be sent to the GOHS Director at the same time it is sent to the media).This press release
shall include the objective and specify that the funding is from the Governor's Office of Highway Safety.
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BAC TESTING AND REPORTING REOUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to
assess progress toward reducing impaired driving.
Arizona is presently and consistently below the documented average among the states in the Blood Alcohol
(BAC)testing of drivers involved in fatality motor vehicle collisions.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that this
accurate data on all drivers involved are reported.Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving federal fluids are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police(IACP)that are currently in
effect.
EQUIPMENT:
Four(4)Portable Breath Testers(PBTs)
Agencies receiving funding for Capital Outlay(major equipment)such as DUI Processing Vans,marked DUI
Alcohol enforcement vehicles and marked DUI enforcement motorcycles shall schedule a press conference that
includes the Director of the Governor's Office of Highway Safety.The purpose of this press conference will be to
present the equipment to the community.
The Apache Junction Police Department shall immediately notify GOHS if any equipment purchased under
this contract ceases to be used in the manner described in this contract.In such event,the Apache Junction
Police Department further agrees to dispose of this equipment using the Apache Junction Police Department's,
city,town or county ordinance,code or rule regarding disposal of equipment.
In the absence of an ordinance,code or rule regarding the disposal of the property,the Apache Junction Police
Department can refer to that of the state.The Apache Junction Police Department shall maintain or cause to be
maintained for its useful fife,any equipment purchased under this contract.The Apache Junction Police
Department shall incorporate any equipment purchased under this Contract into its inventory records.The
Apache Junction Police Department shall insure any equipment purchased under this Contract for the duration
of its useful life.Self-insurance meets this requirement.
Administrative and Maintenance Costs:
The Apache Junction Police Department shall be responsible for all administrative,maintenance,operational
costs and the costs of any damage relating to the Four(4)Portable Breath Testers(PBTs).
Decals:
The Governor's Office of Highway Safety shall provide the Apache Junction Police Department with decals
depicting the Governor's Office of Highway Safety logo.These decals shall be affixed to the equipment before
being placed in service.
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Equipment Purchase:
The equipment purchased under this contract shall be ordered,received,training completed,and placed in
service prior to the end of the project period.
If this requirement cannot be met,a typed extension request shall be signed by the Project Director on the
Agency's letterhead and submitted via mail or hand delivered to the Director of the Governor's Office of
Highway Safety within sixty(60)days before the end of the project period.Failure to comply may result in
cancellation of the contract.
Original Purpose of Equipment:
Pursuant to 23 CFR§1200.21,all equipment purchased under this contract is to be used for the original
purpose intended under this contract.All equipment shall be used for the originally authorized grant purposes
for as long as needed for those purposes,as determined by the NHTSA Regional Administrator,and neither the
State nor the Agency(sub-grantees)or contractors shall encumber the title or interest while such need exists.
The NHTSA Regional Administrator may reserve the right to transfer title to equipment acquired under this
the Section 164 program to the Federal Government or to a third party when such third party is otherwise
eligible under existing statutes.
Furthermore,49 CFR§18.32.c.1 states that Equipment(acquired under this grant)shall be used by the grantee
in the program or project for which it was acquired as long as needed,whether or not the project or program
continues to be supported by Federal funds.When no longer needed for the original program or project,the
equipment may be used in other activities currently or previously supported by a Federal agency.
Insurance:
It is agreed that the Apache Junction Police Department shall adequately insure all capital equipment
purchased under this contract for repair or replacement.
SPECIFIC REOUIREMENTS:
BREATH TESTING DEVICES-
Requirements for Portable Breath Test Devices(PBTs):
The Apache Junction Police Department will be responsible for providing all personnel the appropriate
training for using the Portable Breath Test Devices(PBTs)purchased under this contract.
PBTs will be calibrated per the specifications outlined by the respective manufacturer.Written documentation
will be maintained by the agency and will be available upon request for review by GOHS.
Requirements for Intoxilyzers(Evidentiary Breath Testing Instruments):
The successful vendor must certify that the devices purchased are on the NHTSA Conforming Products List
and must meet,or exceed,NHTSA model specifications.In addition,the devices must be certified and
approved by the Arizona Department of Public Safety per Arizona Administrative Code R9-14-403.
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The Apache Junction Police Department will be responsible for providing all personnel the appropriate
training for using the hrtoxilyzers purchased under this contract implementing a National Highway Traffic
Safety Administration(NHTSA)approved training course.
The Apache Junction 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 pre-approved 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.
EQUIPMENT-
Requirements for Equipment:
The Apache Junction Police Department shall include a high quality color photograph of all equipment
purchased under this contract.The Apache Junction Police Department shall complete the attached Capital
Outlay Equipment form for all individual equipment purchases of$5,000.00 or more.The form is to be
attached and submitted with the next quarterly report subsequent to the delivery of the equipment.
METHOD OF PROCUREMENT:
Procurement procedures shall be in accordance with the Project Director's Manual.Additionally,the Apache
Junction Police Department shall follow State Procurement Code.
A clear audit trail must be established to determine costs charged against this contract.Substantiation of costs
shall,where possible,be made utilizing the Apache Junction Police Department documentation consisting of,
but not limited to,copies of time sheets,purchase orders,copies of invoices,and proof of payment.
The Project Director 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 purchase
using an open state contract must bear the contract number.
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PROJECT EVALUATION:
This project shall be administratively evaluated to ensure that the objectives have been met.
Ouarterly Report
The Quarterly Report(QR)purpose is to provide information on contracted grant activities conducted at the
conclusion of each respective quarter.The information provided is used to review progress of the funded
project and the successfulness in meeting outlined goals and objectives.The information,photos,highlights,
obstacles,and mandatory statistical data provided in this report are analyzed by the assigned project
coordinator.It is critical that the on-line report contains the following information:
➢Original signatures on all Quarterly Reports and RCI's
•Signatures must include Project Director unless prior authorization for another is on file
with GOHS.
Report Schedule
Reporting Period Due Date
I"Quarterly Report(October 1 to December 31,2014)January 15,2015
2"d Quarterly Report(January 1 to March 31,2015)April 15,2015
3'd Quarterly Report(April 1 to June 30,2015)July 15,2015
4`Quarterly Report(July 1 to September 30,2015)October 30,2015
Final Statement of Accomplishment October 30,2015
The Quarterly Report shall be completed on the available on-line form and submitted by mail to the
Governor's Office of Highway Safety.
NOTE:IT IS REQURED 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
thirty(30)days after the conclusion of each federal fiscal year(September 30`).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:
Tom Kelly,Chief of Police,Apache Junction Police Department,shall serve as Project Director.
Clyde Allison,Sergeant,Apache Junction Police Department,shall serve as Project Administrator.
Kate Kealy,Governor's Office of Highway Safety,shall serve as Project Coordinator.
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REPORT OF COSTS INCURRED(RCI):
The Project Director shall submit a Report of Costs Incurred(RCI)with supporting documentation attached,to
the Governor's Office of Highway Safety at a minimum on a quarterly basis in correlation required report.
Agencies may submit additional RCI's forms for expenditures when funds have been expended for which
reimbursement is being requested.
RCI's shall be typed and delivered via mail or hand with appropriate supporting documentation,delivered to
the Governor's Office of Highway Safety.Electronically submitted RCI's will not be accepted.Final
RCI's will not be accepted after thirty(30)days after the conclusion of each federal fiscal year(September
30"i).Expenditures submitted after the expiration date will not be reimbursed and the agency will accept
fiscal responsibility.
The RCI template and instructions are available on the Governor's Office of Highway Safety website at
bttp://www.azgohs.2ov/grant-opportunities/.Failure to meet the reporting requirements may be cause
to terminate the project.
PROJECT MONITORING:
Traffic 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.
Documentation
The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the grantee's respective federal file.Findings will be discussed with the grantee 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 with be placed on a performance plan as outlined by the project coordinator.
Grantee monitoring information will additionally provide documentation for potential funding in subsequent
fiscal year grant proposal review.
PROJECT PERIOD:
The Project Period shall commence on the date the GOHS Director signs the Highway Safety Contract and
terminate on September 30"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 federal fiscal year of the contract.
If the Agency is unable to expend the funds in the time specified,the Project Director 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 90 days prior to the end of the project period.
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The Agency shall address all requests to modify the contract to the Director of the Governor's Office of
Highway Safety on Agency 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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ESTIMATED COSTS:
I.Personnel Services(overtime)$0.00
H.Employee Related Expenses$0.00
III.Professional and Outside Services$0.00
IV.Travel hi-State$0.00
V.Travel Out-of-State$0.00
VI.Materials and Supplies$0.00
VII.Capital Outlay(See itemized chart below)$2,000.00
Four(4)Portable Breath Testers(PBTs)($500.00 each)
TOTAL ESTIMATED COSTS*$2,000.00
*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 40 percent.This is the
maximum ERE amount to be reimbursed.It is agreed and understood that the Apache Junction Police Department
shall absorb any and all expenditures in excess of$2,000.00.
TABLE REPRESENTS HOW TINS CONTRACT WILL BE FUNDED BY AGENCY/PROGRAM
AGENCY CFDA CONTRIBUTION%TOTAL AMOUNT
AMOUNT REQUESTED
Apache Junction Police
Department Total Amount Requested$2,000.00
PROGRAM SOURCE
GOHS Contribution(164)20.608 100%$25000.00
TOTAL FUNDED 100%$2,000.00
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LAW ENFORCMENT QUARTERLY REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT AGENCY
ACTIVITY.ACTIVITY
ALCOHOL-RELATED FATALITIES
ALCOHOL-RELATED INJURIES
TOTAL DUI ARRESTS
TOTAL MISDEMEANOR DUI ARRESTS
TOTAL EXTREME DUI.15 ARRESTS
TOTAL AGGRAVATED DUI ARRESTS
SOBER DESIGNATED DRIVERS CONTACTED
UNDERAGE ALCOHOL VIOLATIONS-TITLE 4
UNDERAGE DUI ARRESTS
TOTAL ALCOHOL RELATED AGENCY CITATIONS
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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:
1.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.
11.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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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.
M.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.
IV.Travel
In-State and Out-of-State Travel
In-state and out-of-state travel claims will be reimbursed at rates provided by AGENCY'S
regulations,provided that such regulations are as restrictive as those of STATE.Where they are
less restrictive,ARS§38-624 will apply.
All out-of-state travel must be approved in writing in advance by STATE.
V.Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth,and to
furnish all labor,materials,and equipment,except that labor,material,and equipment as STATE
agrees to furnish pursuant to this Contract.
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VI.Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other
party from liability hereunder.However,if the common law or a statute provides for either a
right to indemnify and/or a right to contribution to any party to this agreement then the right to
pursue one or both of these remedies is preserved.
VH.Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be sub-
contracted unless specifically agreed to in writing by STATE.No equipment purchased
hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by
STATE.
VHI.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.
IX.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.
X."Common Rule"and OMB Circular No.A-102(Revised)
"Common Rule"(49 CFR,Part 18):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
OMB Circular No.A-102(Revised):Grants and Cooperative Agreements with State and Local
Governments
The application of USDOT"Common Rule"and Circular A-102 requires that:
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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.Equal Opportunity
A.Pursuant to the requirements of the Federal-Aid Highway Act of 1968(U.S.C.§103 et.seq.),
AGENCY,as a condition to receiving approval of this Contract submitted under the Highway
Safety Act of 1966,as amended,hereby gives its assurance that employment in connection
with the subject Highway Safety Project will be provided without regard to race,color,creed,
sex,or national origin,and that any contract it enters into with any private agency pursuant
hereto will include provisions in compliance with this paragraph(XI).
As a condition of receiving approval of this Contract,AGENCY will be subject to and will
comply with Title VI of the Civil Rights Act of 1964 and all applicable requirements of the
Department of Commerce regulations as adopted by the USDOT,providing that no person in
the United States shall on the ground of race,color,creed,sex,or national origin be excluded
from participation in,be denied the benefits of,or be otherwise subjected to discrimination
under the subject Highway Safety Project.
B.If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions,
STATE or the USDOT may take any or all of the following actions.
1.Cancel,terminate,or suspend,in whole or in part,the agreement,contract,or other
arrangement with respect to which the failure or refusal occurred;and
2.Refrain from extending any further Federal financial assistance to AGENCY under the
Highway Safety Program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from AGENCY.
C.Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973(29 U.S.C.
§794),AGENCY must operate this Highway Safety Project so that it is accessible and
otherwise non-discriminatory to handicapped persons.
XH.Executive Order 2009-09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive
Order 2009-09,Non-Discrimination in Employment by Government Contractors and
Subcontractors.Executive Order 2009-09 is located in Part II of the Project Director's Manual.
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Apache Junction Police Department SAFETY CONTRACT 2015-164-004
XHI.Application of Hatch Act
AGENCY will notify all of its employees whose principal employment is in connection with any
highway safety project,financed in whole or in part by loans or grants under the Highway Safety
Act of 1966,as amended,of the provisions of the Hatch Act(5 U.S.C.§7321 et.seq.).
XIV.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.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.
XVL 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.
XVH.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.
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Apache Junction Police Department SAFETY CONTRACT 2015-164-004
XVHI.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.
XIX.E-Verify
Both Parties acknowledge that inunigration 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.I£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.
XX.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.
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.
XXI.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.
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Apache Junction Police Department SAFETY CONTRACT 2015-164-004
In accordance with ARS§38-511,this Contract may be cancelled without penalty or farther
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.
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Apache Junction Police Department SAFETY CONTRACT 2015-164-004
REIMBURSEMENT INSTRUCTIONS
1.Agency Official preparing the Reports of Costs Incurred:
Name:
Title:
Telephone Number:Fax Number:
E-mail Address:
2.Agency's Fiscal Contact:
Name:
Title:
Telephone Number:Fax Number:
E-mail Address:
Federal Identification Number:
3.REIMBURSEMENTINFORMATION.•
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City,State,Zip Code)
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is
subject 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.
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.
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Apache Junction Police Department SAFETY CONTRACT 2015-164-004
Lobbying Restrictions
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
A.No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee
of any agency,a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with the awarding of any Federal contract,the making
of any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification of any
Federal contract,grant,loan,or cooperative agreement.
B.If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,a
Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the
undersigned will complete and submit Standard Form-LLL,'Disclosure Form to Report
Lobbying,"in accordance with its instructions.
C.The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers(including subcontracts,subgrants,and contracts
under grants,loans,and cooperative agreements)and that all sub-recipients will certify and
disclose accordingly.
D.This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into.Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 USC§1352.Any person who falls
to file the required certification will be subject to a civil penalty of not less than$10,000 and
not more than$100,000 for each such failure.
Signature of Project Director:Signature of Authorized Of
fccial of
Governmental Unit.
Tom Kelly,Chief George Hoffman,City Manager
Apache Junction Police Department City of Apache Junction
Date Telephone Date Telephone
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Apache Junction Police Department SAFETY CONTRACT 2015-164-004
AUTHORITY&FUNDS
1.This Project is authorized by 23 U.S.C.§164 and regulations promulgated there under,more
particularly Volume 102,and if State funds are involved,this project is authorized by ARS§28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S.Department of
Transportation.The expenses are reimbursable under Arizona's Highway Safety Plan Program Area
164-AL,as approved for by the National Highway Traffic Safety Administration.
2.A.EFFECTIVE DATE:B.FEDERAL FUNDS:
Authorization to Proceed Date 2 Q
3.AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier,Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
23
""i
0CC of
o`
wJANICE K.BREWER ALBERTO GUTIER
C/)
>GOVERNOR DIRECTOR
r F�1 GOVERNOR'S HIGHWAY SAFETY REPRESENTATIVE
Chief Tom Kelly PROJECT REFERENCE:
Apache Junction Police Department Contract Number:2015-164-007
300 E.Superstition Blvd.Purpose of Project:Fully-Equipped Marked DUI
Apache Junction,Arizona 85119 Alcohol Enforcement Police Package SUV
Dear Chief Kelly:
Enclosed are two(2)copies of the referenced Highway Safety Contract for your review and signature.This is not
an authorization to proceed with the project.
Please complete the following steps:
1.Please review the entire contract as there have been significant changes throughout the contract;
2.Have your fiscal staff complete the Reimbursement Instructions(page 22)of both copies;
3.As Project Director,sign and date the signature page of both copies;
4.Obtain the signature of George Hoffman,City Manager of the City of Apache Junction,as the Authorized
Official of Governmental Unit,on the signature page of both copies;
5.Return all signed copies of the contract to Governor's Office of Highway Safety,3030 North Central
Avenue,Suite 1550,Phoenix,Arizona,85012.
Please do not incur any costs at this time as it would nullify the contract.Once the signed copies are received,I
will approve and sign the contract as the GOHS Director/Governor's Highway Safety Representative and an
original executed con ct with a letter of authorization to proceed will be forwarded to you.
Sincerely,
Alberto G ier,erector&4_4
Governor's ighway Safety Representative Date
Enclosures
AG:kmk
3030 NORTH CENTRAL AVENUE,SUITE 1550,PHOENIX,ARIZONA 85012
TELEPHONE(602)255-3216 1 TOLLFREE(877)355-3216 1 FAX(602)255-1265
W W W.AZGOHS.GOV
GOVERNOR'S OFFICE OF STATE OF ARIZONA
HIGHWAY SAFETY(GOHS)
HIGHWAY SAFETY CONTRACT
This page,the Project Directors 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.
CFDA(See Budget Page)
1.APPLICANT AGENCY GOBS CONTRACT NUMBER
Apache Junction Police Department(AJPD)2015-164-007(405d,402)
ADDRESS PROGRAM AREA
300 East Superstition Blvd.164-AL(405d,402)
Apache Junction,AZ 85119
2.GOVERNMENTAL UNIT AGENCY CONTACT
City of Apache Junction Tom Kelly
ADDRESS 3.PROJECT TITLE
300 East Superstition Blvd.DUI Alcohol Enforcement Vehicles-One(1)SUV
Apache Junction,AZ 85119 Fully-Equipped Marked Patrol Vehicle.
4.GUIDELINES
164-Alcohol(AL)
402
405(d)
5.BRIEFLY STATE PURPOSE OF PROJECT:
Federal 164 funds will support the purchase of One(1)fully equipped marked DUI alcohol enforcement police
package SUV to enhance DUI Alcohol Enforcement throughout the City of Apache Junction.The total
funding for this contract will include 75%GOHS 164 funds,15%GOHS 405d funds,and 10%GOHS 402
funds.
6.BUDGET Project Period
COST CATEGORY FY 2015
I.Personnel Services$0.00
H.Employee Related Expenses$0.00
M.Professional and Outside Services$0.00
IV.Travel In-State$0.00
V.Travel Out-of-State$0.00
VI.Materials and Supplies$0.00
VH.Capital Outlay$47,000.00
TOTAL ESTIMATED COSTS$47,000.00
PROJECT PERIOD FROM:Effective Date(Date of GOHS TO:09-30-2015
Director Signature)
CURRENT GRANT PERIOD FROM:10-01-2014 TO:09-30-2015
TOTAL FEDERAL FUNDS OBLIGATED THIS FY:$47,000.00
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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PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Apache Junction Police Department serves the city of Apache Junction,which has a population of
approximately 39,000 people and has heavy traffic zones partly because the city lies between the large
population of the Phoenix metropolitan area and popular area lakes.The US 60 freeway and Ironwood Road
experience heavy traffic coming in and out of town to the San Tan Valley Area and Queen Creek.Apache
Junction north sector and west sector has many dirt roadways,which adds its own unique problem because of
the desire for no light pollution.The town also experiences a large influx of winter visitors which increases
the population by almost 50,000 people each year,and seasonally adds to traffic.
Agency Problem:
The Apache Junction Police Department seeks funding from the Governor's Office of Highway Safety
(GOHS)to support participation in DUI Alcohol enforcement to reduce the number of DUI drivers and DUI
Alcohol accidents within the city of Apache Junction;however,fiscal constraints challenge the Apache
Junction Police Department's ability to fund the equipment necessary to address the current DUI Alcohol
issue fully.
Apache Junction has unique problems regarding alcohol impaired drivers:
•Ironwood Corridor-Throughout the year,most accidents occur in this area,and most DUls are
found along this corridor.Ironwood runs between cities and towns in the Valley of the Sun,and
unincorporated communities in the San Tan Valley area including Gold Canyon and Queen Valley,
and to the town of Queen Creek.
•Lost Dutchman Boulevard-During the summer months,many DUIs are apprehended on Lost
Dutchman,a road popular with people traveling between the Valley and lakes or the Salt River for
recreation.Drivers heading home from tubing the Salt or enjoying the lakes have often been drinking
and are frequently tired after a day in the heat and sun.
•Idaho Road-This road,also known as Highway 88,is popular with boaters and has similar problems
with tired people driving back to Valley communities after a day spent on the lake.When the Apache
Junction Police Department holds sobriety checkpoints,they are most frequently located along
Highway 88.
•Popular bars in the region-There are some popular bars located near,but not in,Apache Junction.
Patrons of these establishments pass through the municipality when leaving and create hazards.
•Winter Visitors-Apache Junction nearly doubles its population during the winter months.As the
population increases,so do the number of traffic problems,accidents,and DUIs.Some seasonal
visitors create unique problems because they tend to drink early in the day.Apache Junction Police
Department provides more enforcement to address these issues.
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Apache Junction Police Department SAFETY CONTRACT 2015-164-007
Agency Attempts to Solve Problem:
Apache Junction Police Department has performed small scale DUI Alcohol details and the investigation of
accidents for possible DUI Alcohol violations.The department has also assisted Pinal County and the East
Valley Task Forces in the past and would like to continue in the Mesa and San Tan Valley Area.
Agency Funding:
Federal 164 funds will support the purchase of One(1)fully equipped marked DUI alcohol enforcement
police package SUV to enhance DUI Alcohol Enforcement throughout the City of Apache Junction.The total
funding for this contract will include 75%GOHS 164 funds,15%GOHS 405d funds,and 10%GOHS 402
funds.
How Agency Will Solve Problem With Funding:
The Apache Junction Police Department will use funding from GOHS to will purchase the fully equipped
marked police package SUV.The agency will assign the SUV to officers dedicated to DUI Alcohol
enforcement throughout the City of Apache Junction and in the surrounding unincorporated areas.
The SUV will help Apache Junction Police Department participate in DUI task forces in Pinal County and the
east valley areas,and to conduct city wide DUI saturation patrols and DUI check points.To reduce traffic
problems and DUI alcohol violations,Apache Junction Police Department plans to train officers in HGN,
ARIDE,DRE,and other methods to detect and apprehend alcohol impaired drivers.
Measurable goals for these efforts include:
•To decrease alcohol related accidents by 10%from the 2013 base average of 25
•To decrease the DUI related violations by 10%from the 2013 base of 71
•To increase our DUI related arrests by 10%from the 2013 base of 71
•To conduct 5 DUI saturation details by September 2015
•To conduct 5 speed enforcement details by September 2015
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Apache Junction Police Department SAFETY CONTRACT 2015-164-007
GOALS/OBJECTIVES:
Federal 164 funds will support the purchase of One(1)fully equipped marked DUI alcohol enforcement police
package SUV to enhance DUI Alcohol Enforcement throughout the City of Apache Junction.The total
funding for this contract will include 75%GOHS 164 funds,15%GOHS 405d funds,and 10%GOHS 402
funds.
Expenditures of funding pertaining to Alcohol Enforcement including Personnel Services and ERE,Materials
&Supplies,Capital Equipment and/or Travel In and Out of State shall comply with the Program Goals
provided by the Arizona Governor's Office of Highway Safety.The program goal is to reduce the incidence of
alcohol-impaired driving,fatalities,and injuries through enforcement,education and public awareness
throughout Arizona.Law Enforcement personnel participating in Alcohol Enforcement/DUI activities
including DUI Task Force details under this program shall be HGN/SFST certified.
MEDIA RELEASE:
To prepare complete press release information for media(television,radio,print and on-line)during each
campaign period including a main press release,schedule of events,departmental plans and relevant data.The
material will emphasize the campaign's purpose,a22ressive enforcement and the high cost of DUI/
Alcohol in terms of money,criminal and human consequences.
The Apache Junction Police Department will maintain responsibility for reporting sustained enforcement
activity in a timely manner.Additionally,it is the responsibility of the Apache Junction Police Department to
report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than
10:00a.m.the morning following each day of the event.
The holidays and special events include but not limited to:Super Bowl Sunday,Valentine's Day,President's
Day,St.Patrick's Day,Spring Break,Easter,Cinco de Mayo,Prom Night,Memorial Day,Graduation Day,
Independence Day,Labor Day,Columbus Day,Halloween,and the Thanksgiving through New Year's details.
PLEASE NOTE:Failure to submit Statistics,Quarterly Reports and/or RCIs on time and correctly
may delay reimbursement for expenditures to your agency.
METHOD OF PROCEDURE:
The Apache Junction Police Department will make expenditures as follows to meet the outlined Program
Goals/Obj ectives:
Capital Outlay
One(1)fully equipped marked DUI alcohol enforcement police package SUV
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award(a copy of this
press release shall be sent to the GOHS Director at the same time it is sent to the media).This press release
shall include the objective and specify that the funding is from the Governor's Office of Highway Safety.
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BAC TESTING AND REPORTING REOUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the fall extent of the role of alcohol and to
assess progress toward reducing impaired driving.
Arizona is presently and consistently below the documented average among the states in the Blood Alcohol
(BAC)testing of drivers involved in fatality motor vehicle collisions.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that this
accurate data on all drivers involved are reported.Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving federal funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police(IACP)that are currently in
effect..
EOUIPMENT:
One(1)Fully Marked DUI Alcohol Enforcement Police Package SUV
Agencies receiving funding for Capital Outlay(major equipment)such as DUI Processing Vans,marked DUI
enforcement vehicles and marked DUI enforcement motorcycles shall schedule a press conference that includes the
Director of the Governor's Office of Highway Safety.The purpose of tbis press conference will be to present the
equipment to the community.
The Apache Junction Police Department shall immediately notify GOHS if any equipment purchased under
this contract ceases to be used in the manner described in this contract.In such event,the Apache Junction
Police Department further agrees to dispose of this equipment using the Apache Junction Police Department's,
city,town or county ordinance,code or rule regarding disposal of equipment.
In the absence of an ordinance,code or rule regarding the disposal of the property,the Apache Junction Police
Department can refer to that of the state.The Apache Junction Police Department shall maintain or cause to be
maintained for its useful life,any equipment purchased under this contract.The Apache Junction Police
Department shall incorporate any equipment purchased under this Contract into its inventory records.The
Apache Junction Police Department shall insure any equipment purchased under this Contract for the duration
of its useful life.Self-insurance meets this requirement.
Administrative and Maintenance Costs:
The Apache Junction Police Department shall be responsible for all administrative,maintenance,operational
costs and the costs of any damage relating to the One(1)Fully Marked DUI Alcohol Enforcement Police
Package SUV.
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Decals:
The Governor's Office of Highway Safety shall provide the Apache Junction Police Department with decals
depicting the Governor's Office of Highway Safety logo.These decals shall be affixed to the equipment before
being placed in service.
Equipment Purchase:
The equipment purchased under this contract shall be ordered,received,training completed,and placed in
service prior to the end of the project period.
If this requirement cannot be met,a typed extension request shall be signed by the Project Director on the
Agency's letterhead and submitted via mail or hand delivered to the Director of the Governor's Office of
Highway Safety within sixty(60)days before the end of the project period.Failure to comply may result in
cancellation of the contract.
Original Purpose of Equipment:
Pursuant to 23 CFR§1200.21,all equipment purchased under this contract is to be used for the original
purpose intended under this contract.All equipment shall be used for the originally authorized grant purposes
for as long as needed for those purposes,as determined by the NHTSA Regional Administrator,and neither the
State nor the Agency(sub-grantees)or contractors shall encumber the title or interest while such need exists.
The NHTSA Regional Administrator may reserve the right to transfer title to equipment acquired under this
the Section 164 program to the Federal Government or to a third party when such third party is otherwise
eligible under existing statutes.
Furthermore,49 CFR§18.32.c.1 states that Equipment(acquired under this grant)shall be used by the grantee
in the program or project for which it was acquired as long as needed,whether or not the project or program
continues to be supported by Federal funds.When no longer needed for the original program or project,the
equipment may be used in other activities currently or previously supported by a Federal agency.
Insurance:
It is agreed that the Apache Junction Police Department shall adequately insure all capital equipment
purchased under this contract for repair or replacement.
SPECIFIC REOUIREMENTS:
VIDEO EQUIPMENT-
Requirements for In-Car Video Systems:
The Apache Junction Police Department will be responsible for providing all personnel the appropriate
training for using the In-Car Video System purchased under this contract for use only on DUI enforcement
details.
The Apache Junction Police Department will maintain written documentation(copy of the training certificates)
which will be available upon request for review by GOHS.
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The Apache Junction Police Department will maintain a written policy covering training and usage regarding
hi-Car Video System which will be available upon request for review by GOHS.
Requirements for Personal Video Recorders:
The Apache Junction Police Department will be responsible for providing all personnel the appropriate
training for using the Personal Video Recorder System purchased under this contract for use only on DUI
enforcement details implementing an agency approved training course.
The Apache Junction Police Department will maintain a written policy covering training and usage regarding
Personal Video Recorders which will be available upon request for review by GOHS.
BREATH TESTING DEVICES-
Requirements for Portable Breath Test Devices(PBTs):
The Apache Junction Police Department will be responsible for providing all personnel the appropriate
training for using the Portable Breath Test Devices(PBTs)purchased under this contract.
PBTs will be calibrated per the specifications outlined by the respective manufacturer.Written documentation
will be maintained by the agency and will be available upon request for review by GOHS.
Requirements for Intoxilyzers(Evidentiary Breath Testing Instruments):
The successful vendor must certify that the devices purchased are on the NHTSA Conforming Products List
and must meet,or exceed,NHTSA model specifications.In addition,the devices must be certified and
approved by the Arizona Department of Public Safety per Arizona Administrative Code R9-14-403.
The Apache Junction Police Department will be responsible for providing all personnel the appropriate
training for using the hitoxilyzers purchased under this contract implementing a National Highway Traffic
Safety Administration(NHTSA)approved training course.
The Apache Junction 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.
POLICE PACKAGE VEHICLES:
Requirements for DUI Enforcement Police Package Vehicle(Marked):
Equipment included with the vehicle,at a minimum is emergency equipment(lights and siren),police radio
system,may include an in-car video system,mobile data computers(MDC),equipment and associated
mounting hardware.The make,model,and color of this vehicle may or may not be that which is associated
with traditional enforcement vehicles.
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.
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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 pre-approved 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.
EQUIPMENT-
Requirements for Equipment:
The Apache Junction Police Department shall include a high quality color photograph of all equipment
purchased under this contract.The Apache Junction Police Department shall complete the attached Capital
Outlay Equipment form for all individual equipment purchases of$5,000.00 or more.The form is to be
attached and submitted with the next quarterly report subsequent to the delivery of the equipment.
METHOD OF PROCUREMENT:
Procurement procedures shall be in accordance with the Project Director's Manual.Additionally,the Apache
Junction Police Department shall follow State Procurement Code.
A clear audit trail must be established to determine costs charged against this contract.Substantiation of costs
shall,where possible,be made utilizing the Apache Junction Police Department documentation consisting of,
but not limited to,copies of time sheets,purchase orders,copies of invoices,and proof of payment.
The Project Director 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 purchase
using an open state contract must bear the contract number.
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PROJECT EVALUATION:
This project shall be administratively evaluated to ensure that the objectives have been met.
Quarterly Report
The Quarterly Report(QR)purpose is to provide information on contracted grant activities conducted at the
conclusion of each respective quarter.The information provided is used to review progress of the funded
project and the successfulness in meeting outlined goals and objectives.The information,photos,highlights,
obstacles,and mandatory statistical data provided in this report are analyzed by the assigned project
coordinator.It is critical that the on-line report contains the following information:
➢Original signatures on all Quarterly Reports and RCI's
•Signatures must include Project Director unless prior authorization for another is on file
with GOHS.
Report Schedule
Reporting Period Due Date
V Quarterly Report(October 1 to December 31,2014)January 15,2015
21d Quarterly Report(January 1 to March 31,2015)April 15,2015
3'd Quarterly Report(April 1 to June 30,2015)July 15,2015
4'h Quarterly Report(July 1 to September 30,2015)October 30,2015
Final Statement of Ace om lishment October 30,2015
The Quarterly Report shall be completed on the available on-line form and submitted by mail to the
Governor's Office of Highway Safety.
NOTE:IT IS REQURED 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
thirty(30)days after the conclusion of each federal fiscal year(September 30'").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:
Tom Kelly,Chief of Police,Apache Junction Police Department,shall serve as Project Director.
Clyde Allison,Sergeant,Apache Junction Police Department,shall serve as Project Administrator.
Kate Kealy,Governor's Office of Highway Safety,shall serve as Project Coordinator.
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REPORT OF COSTS INCURRED(RCI):
The Project Director shall submit a Report of Costs Incurred(RCl)with supporting documentation attached,to
the Governor's Office of Highway Safety at a minimum on a quarterly basis in correlation required report.
Agencies may submit additional RCI's forms for expenditures when funds have been expended for which
reimbursement is being requested.
RCI's shall be typed and delivered via mail or hand with appropriate supporting documentation,delivered to
the Governor's Office of Highway Safety.Electronically submitted RCI's will not be accented.Final
RCI's will not be accepted after thirty(30)days after the conclusion of each federal fiscal year(September
30"').Expenditures submitted after the expiration date will not be reimbursed and the agency will accept
fiscal responsibility.
The RCI template and instructions are available on the Governor's Office of Highway Safety website at
http://www.azgohs.14ov/grant-opportunities/.Failure to meet the reporting requirements may be cause
to terminate the project.
PROJECT MONITORING:
Traffic 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.
Documentation
The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the grantee's respective federal file.Findings will be discussed with the grantee 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 with be placed on a performance plan as outlined by the project coordinator.
Grantee monitoring information will additionally provide documentation for potential funding in subsequent
fiscal year grant proposal review.
PROJECT PERIOD:
The Project Period shall commence on the date the GOHS Director signs the Highway Safety Contract and
terminate on September 30ii 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 federal fiscal year of the contract.
If the Agency is unable to expend the funds in the time specified,the Project Director 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 90 days prior to the end of the project period.
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The Agency shall address all requests to modify the contract to the Director of the Governor's Office of
Highway Safety on Agency 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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ESTIMATED COSTS:
I.Personnel Services(overtime)$0.00
H.Employee Related Expenses$0.00
III.Professional and Outside Services$0.00
IV.Travel In-State$0.00
V.Travel Out-of-State$0.00
VI.Materials and Supplies$0.00
VII.Capital Outlay(See itemized chart below)$47,000.00
One(1)Fully Equipped Marked DUI Alcohol Enforcement Police
Package SUV($47,000.00)
TOTAL ESTIMATED COSTS*$47,000.00
*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 40 percent.This is the
maximum ERE amount to be reimbursed.It is agreed and understood that the Apache Junction Police Department
shall absorb any and all expenditures in excess of$47,000.00.
TABLE REPRESENTS HOW THIS CONTRACT WILL BE FUNDED BY AGENCY/PROGRAM
AGENCY CFDA CONTRIBUTION%TOTAL AMOUNT
AMOUNT REQUESTED
Apache Junction Police
Department Total Amount Requested$47,000.00
PROGRAM SOURCE
GOHS Contribution(164)20.608 75%$35,250.00
GOHS Contribution(405d)20.616 15%$7,050.00
GOHS Contribution(402)20.600 10%$4,700.00
TOTAL FUNDED 100%$47,000.00
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LAW ENFORCMENT QUARTERLY REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT AGENCY
ACTIVITY.ACTIVITY
ALCOHOL-RELATED FATALITIES
ALCOHOL-RELATED INJURIES
TOTAL DUI ARRESTS
TOTAL MISDEMEANOR DUI ARRESTS
TOTAL EXTREME DUI.15 ARRESTS
TOTAL AGGRAVATED DUI ARRESTS
SOBER DESIGNATED DRIVERS CONTACTED
UNDERAGE ALCOHOL VIOLATIONS-TITLE 4
UNDERAGE DUI ARRESTS
TOTAL ALCOHOL RELATED AGENCY CITATIONS
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Arizona Governor's Office of Highway Safety
Capital Outlay(Equipment)Record
Equipment$5,000.00 or more
Contract Number:2015-164-007
Reporting Agency:Apache Junction Police Department
Date Date
Equipment Description Make/Model Serial Number Ordered Received Cost Per Unit
Note:Photographs of all Capital Outlay(Equipment)must be submitted with form
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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(GOBS)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.
H.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,"Tennination and Abandonment".
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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.
HI.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.
IV.Travel
In-State and Out-of-State Travel
hi-state and out-of-state travel claims will be reimbursed at rates provided by AGENCY'S
regulations,provided that such regulations are as restrictive as those of STATE.Where they are
less restrictive,ARS§38-624 will apply.
All out-of-state travel must be approved in writing in advance by STATE.
V.Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth,and to
furnish all labor,materials,and equipment,except that labor,material,and equipment as STATE
agrees to furnish pursuant to this Contract.
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VI.Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other
party from liability hereunder.However,if the common law or a statute provides for either a
right to indemnify and/or a right to contribution to any party to this agreement then the right to
pursue one or both of these remedies is preserved.
VH.Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be sub-
contracted unless specifically agreed to in writing by STATE.No equipment purchased
hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by
STATE.
VHI.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 terns 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,Woo provision is otherwise made by this Contract.
B.The provisions of subparagraph A apply whether or not the project contracted for herein is
completed.
IX.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.
X."Common Rule"and OMB Circular No.A-102(Revised)
"Common Rule"(49 CFR,Part 18):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
OMB Circular No.A-102(Revised):Grants and Cooperative Agreements with State and Local
Governments
The application of USDOT"Common Rule"and Circular A-102 requires that:
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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.Equal Opportunity
A.Pursuant to the requirements of the Federal-Aid Highway Act of 1968(U.S.C.§103 ct.seq.),
AGENCY,as a condition to receiving approval of this Contract submitted under the Highway
Safety Act of 1966,as amended,hereby gives its assurance that employment in connection
with the subject Highway Safety Project will be provided without regard to race,color,creed,
sex,or national origin,and that any contract it enters into with any private agency pursuant
hereto will include provisions in compliance with this paragraph(XI).
As a condition of receiving approval of this Contract,AGENCY will be subject to and will
comply with Title VI of the Civil Rights Act of 1964 and all applicable requirements of the
Department of Commerce regulations as adopted by the USDOT,providing that no person in
the United States shall on the ground of race,color,creed,sex,or national origin be excluded
from participation in,be denied the benefits of,or be otherwise subjected to discrimination
under the subject Highway Safety Project.
B.If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions,
STATE or the USDOT may take any or all of the following actions.
1.Cancel,terminate,or suspend,in whole or in part,the agreement,contract,or other
arrangement with respect to which the failure or refusal occurred;and
2.Refrain from extending any further Federal financial assistance to AGENCY under the
Highway Safety Program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from AGENCY.
C.Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973(29 U.S.C.
§794),AGENCY must operate this Highway Safety Project so that it is accessible and
otherwise non-discriminatory to handicapped persons.
XII.Executive Order 2009-09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive
Order 2009-09,Non-Discrimination in Employment by Government Contractors and
Subcontractors.Executive Order 2009-09 is located in Part II of the Project Director's Manual.
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XIH.Application of Hatch Act
AGENCY will notify all of its employees whose principal employment is in connection with any
highway safety project,financed in whole or in part by loans or grants under the Highway Safety
Act of 1966,as amended,of the provisions of the Hatch Act(5 U.S.C.§7321 et.seq.).
XIV.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.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.
XVI.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.
XVH.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.
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XVHI.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.
XIX.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.
XX.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.
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.
XXI.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.
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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.
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REIMBURSEMENT INSTRUCTIONS
1.Agency Official preparing the Reports of Costs Incurred:
Name:
Title:
Telephone Number:Fax Number:
E-mail Address:
2.Agency's Fiscal Contact:
Name:
Title:
Telephone Number:Fax Number:
E-mail Address:
Federal Identification Number:
3.REIMBURSEMENT INFORMATION.
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City,State,Zip Code)
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is
subject 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.
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.
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Lobbying Restrictions
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
A.No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee
of any agency,a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with the awarding of any Federal contract,the making
of any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification of any
Federal contract,grant,loan,or cooperative agreement.
B.If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,a
Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the
undersigned will complete and submit Standard Form-LLL,'Disclosure Form to Report
Lobbying,"in accordance with its instructions.
C.The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers(including subcontracts,subgrants,and contracts
under grants,loans,and cooperative agreements)and that all sub-recipients will certify and
disclose accordingly.
D.This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into.Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 USC§1352.Any person who fails
to file the required certification will be subject to a civil penalty of not less than$10,000 and
not more than$100,000 for each such failure.
Signature of Project Director:Signature of'Authorized Official of
Governmental Unit:
Tom Kelly,Chief George Hoffman,City Manager
Apache Junction Police Department City of Apache Junction
Date Telephone Date Telephone
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Apache Junction Police Department SAFETY CONTRACT 2015-164-007
AUTHORITY&FUNDS
1.This Project is authorized by 23 U.S.C.§164§405d§402 and regulations promulgated thereunder,
more particularly Volume 102,and if State funds are involved,this project is authorized by ARS§
28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S.Department of
Transportation.The expenses are reimbursable under Arizona's Highway Safety Plan Program Area
164-AL(405d,402),as approved for by the National Highway Traffic Safety Administration.
2.A.EFFECTIVE DATE:B.FEDERAL FUNDS:
Authorization to Proceed Date
3.AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier,Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
25
%ice of
oti?4
JANICE IC BREWER ALBERTO GUTIER
>w GOVERNOR DIRECTOR
tl�O GOVERNOR'S HIGHWAY SAFETY REPRESENTATIVE
Chief Tom Kelly PROJECT REFERENCE:
Apache Junction Police Department Contract Number:2015-HV-001
300 E.Superstition Blvd.Purpose of Project:High Visibility DUI Impaired
Apache Junction,Arizona 85119 Driving Enforcement
Dear Chief Kelly:
Enclosed are two(2)copies of the referenced Highway Safety Contract for your review and signature.This is not
an authorization to proceed with the project.
Please complete the following steps:
1.Please review the entire contract as there have been significant changes throughout the contract;
2.Have your fiscal staff complete the Reimbursement Instructions(page 20)of both copies;
3.As Project Director,sign and date the signature page of both copies;
4.Obtain the signature of George Hoffman,City Manager of the City of Apache Junction,as the Authorized
Official of Governmental Unit,on the signature page of both copies;
5.Return all signed copies of the contract to Governor's Office of Highway Safety,3030 North Central
Avenue,Suite 1550,Phoenix,Arizona,85012.
Please do not incur any costs at this time as it would nullify the contract.Once the signed copies are received,I
will approve and sign the contract as the GOHS Director/Governor's Highway Safety Representative and an
origi4tedcontract with a letter of authorization to proceed will be forwarded to you.
SineAlbeGovernors Highway Safety Representative Date
Enclosures
AG:kmk
3030 NORTH CENTRAL AVENUE,SUITE 1550,PHOENIX,ARIZONA 85012
TELEPHONE(602)255-3216 1 TOLL FREE(877)355-3216 1 FAx(602)255-1265
W W W.AZGOHS.GOV
GOVERNOR'S OFFICE OF STATE OF ARIZONA
HIGHWAY SAFETY
HIGHWAY SAFETY CONTRACT
This page,the Project Directors 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.
CFDA:20.601
1.APPLICANT AGENCY GOHS CONTRACT NUMBER:
Apache Junction Police Department(AJPD)2015-1 V-001
ADDRESS PROGRAM AREA:410-IIV
300 East Superstition Blvd.
Apache Junction,AZ 85119
2.GOVERNMENTAL UNIT AGENCY CONTACT:
City of Apache Junction Tom Kelly
ADDRESS 3.PROJECT TITLE:
300 East Superstition Blvd.High Visibility Impaired Driving Enforcement
Apache Junction,AZ 85119
4.GUIDELINES:
410 High Visibility Enforcement(HV)
5.BRIEFLY STATE PURPOSE OF PROJECT:
Federal 410 funds will support Personnel Services(Overtime)and Employee Related Expenses(ERE)to
enhance High Visibility fin paired Driving Enforcement throughout the City of Apache Junction.
6.BUDGET Project Period
COST CATEGORY FFY 2015
I.Personnel Services$7,143.00
II.Employee Related Expenses$2,857.00
III.Professional and Outside Services$0.00
IV.Travel In-State$0.00
V.Travel Out-of-State$0.00
VI.Materials and Supplies$0.00
VH.Capital Outlay$0.00
TOTAL ESTIMATED COSTS$10,000.00
PROJECT PERIOD FROM:Effective Date(Date of GOHS TO:09-30-2015
Director Signature)
CURRENT GRANT PERIOD FROM:10-01-2014 TO:09-30-2015
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY:$10,000.00
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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Apache Junction Police Department SAFETY CONTRACT 2015-HV-001
PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Apache Junction Police Department serves the city of Apache Junction,which has a population of
approximately 39,000 people and has heavy traffic zones partly because the city lies between the large
population of the Phoenix metropolitan area and popular area lakes.The US 60 freeway and Ironwood Road
experience heavy traffic coming in and out of town to the San Tan Valley Area and Queen Creek.Apache
Junction north sector and west sector has many dirt roadways,which adds its own unique problem because of
the desire for no light pollution.The town also experiences a large influx of winter visitors which increases
the population by almost 50,000 people each year,and seasonally adds to traffic.
Agency Problem:
The Apache Junction Police Department seeks funding from the Governor's Office of Highway Safety
(GOHS)to support participation in DUI Alcohol enforcement to reduce the number of DUI drivers and DUI
Alcohol accidents within the city of Apache Junction;however,fiscal constraints challenge the Apache
Junction Police Department's ability to fund the equipment necessary to address the current DUI Alcohol
issue fully.
Apache Junction has unique problems regarding alcohol impaired drivers:
•Ironwood Corridor-Throughout the year,most accidents occur in this area,and most DUIs are
found along this corridor.Ironwood runs between cities and towns in the Valley of the Sun,and
unincorporated communities in the San Tan Valley area including Gold Canyon and Queen Valley,
and to the town of Queen Creek.
•Lost Dutchman Boulevard-During the summer months,many DUIs are apprehended on Lost
Dutchman,a road popular with people traveling between the Valley and lakes or the Salt River for
recreation.Drivers heading home from tubing the Salt or enjoying the lakes have often been drinking
and are frequently tired after a day in the heat and sun.
•Idaho Road-This road,also known as Highway 88,is popular with boaters and has similar problems
with tired people driving back to Valley communities after a day spent on the lake.When the Apache
Junction Police Department holds sobriety checkpoints,they are most frequently located along
Highway 88.
•Popular bars in the region-There are some popular bars located near,but not in,Apache Junction.
Patrons of these establishments pass through the municipality when leaving and create hazards.
•Winter Visitors-Apache Junction nearly doubles its population during the winter months.As the
population increases,so do the number of traffic problems,accidents,and DUls.Some seasonal
visitors create unique problems because they tend to drink early in the day.Apache Junction Police
Department provides more enforcement to address these issues.
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Apache Junction Police Department SAFETY CONTRACT 2015-HV-001
Agency Attempts to Solve Problem:
Apache Junction Police Department has performed small scale DUI details and the investigation of accidents
for possible DUI violations.The department has also assisted Pinal County and the East Valley Task Forces
in the past and would like to continue in the Mesa and San Tan Valley Area.
Agency Funding:
Federal 410 funds will support Personnel Services(Overtime)and Employee Related Expenses(ERE)to
enhance High Visibility Impaired Driving Enforcement throughout the City of Apache Junction.
How Agency Will Solve Problem With Funding:
The Apache Junction Police Department will use funding from GOHS to will purchase the fully equipped
marked police package SUN.The agency will assign the SUV to officers dedicated to DUI Alcohol
enforcement throughout the City of Apache Junction and in the surrounding unincorporated areas.
The SUV will help Apache Junction Police Department participate in DUI task forces in Pinal County and the
east valley areas,and to conduct city wide DUI saturation patrols and DUI check points.To reduce traffic
problems and DUI alcohol violations,Apache Junction Police Department plans to train officers in HGN,
ARIDE,DRE,and other methods to detect and apprehend alcohol impaired drivers.
Measurable goals for these efforts include:
•To decrease alcohol related accidents by 10%from the 2013 base average of 25
•To decrease the DUI related violations by 10%from the 2013 base of 71
•To increase our DUI related arrests by 10%from the 2013 base of 71
•To conduct 5 DUI saturation details by September 2015
•To conduct 5 speed enforcement details by September 2015
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Apache Junction Police Department SAFETY CONTRACT 2015-11V-001
GOALS/OBJECTIVES:
Federal 410 funds will support Personnel Services(Overtime)and Employee Related Expenses(ERE)to
enhance High Visibility Impaired Driving Enforcement throughout the City of Apache Junction.
HV/HIGH VISIBILITY IMPAIRED DRIVING ENFORCEMENT
Expenditures of funding pertaining to High Visibility Impaired Driving Enforcement including Personnel
Services and ERE,Materials&Supplies,Capital Equipment and/or Travel In and Out of State shall comply
with the hnpaired Driving Program Goals provided by the Arizona Governor's Office of Highway Safety.The
Impaired Driving Program Goal is to reduce the incidence of alcohol and drug related driving,fatalities and
injuries through enforcement,education and public awareness throughout the State of Arizona.Law
Enforcement personnel participating in Impaired Driving Enforcement/DUI activities including DUI Task
Force details under this program shall be HGN/SFST certified.
MEDIA RELEASE
To prepare complete press release information for media(television,radio,print and on-line)during each
campaign period including a main press release,schedule of events,departmental plans and relevant data.The
material will emphasize the campaign's purpose,aggressive enforcement and the high cost of High
Visibility Impaired Driving in terms of money,criminal and human consequences.
The Apache Junction Police Department will maintain responsibility for reporting sustained enforcement
activity in a timely manner.Additionally,it is the responsibility of the Apache Junction Police Department to
report all holiday task force enforcement statistics to GOBS on-line at the GOBS website no later than
10:OOa.m.the morning following each day of the event.
The holidays and special events include but not limited to:Super Bowl Sunday,Valentine's Day,President's
Day,St.Patrick's Day,Spring Break,Easter,Cinco de Mayo,Prom Night,Memorial Day,Graduation Day,
Independence Day,Labor Day,Columbus Day,Halloween,and the Thanksgiving through New Year's details.
PLEASE NOTE:Failure to submit Statistics,Quarterly Reports and/or Report of Costs Incurred
(RCIs)on time and correctly may delay reimbursement for expenditures to your agency.
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Apache Junction Police Department SAFETY CONTRACT 2015-HV-001
METHOD OF PROCEDURE:
The Apache Junction Police Department will snake expenditures as follows to meet the outlined Program
Goals/Objectives:
Personnel Services-To support Overtime for High Visibility Impaired Driving Enforcement Activities
Employee Related Expenses-To support Employee Related Expenses for Agency Overtime
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the
executed contract.A copy of this press release shall be sent to the GOHS Director at the same time it is sent to
the media.This press release shall include the objective and specify that the funding is from the Governor's
Office of Highway Safety.
BAC TESTING AND REPORTING REQUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to
assess progress toward reducing unpaired driving.
Arizona is presently and consistently below the documented average among the states in the Blood Alcohol
(BAC)testing of drivers involved in fatal motor vehicle collisions.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that this
accurate data on all drivers involved are reported.Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving federal funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the Intemational Association of Chiefs of Police(IACP)that are currently in
effect.
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 Publie 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 pre-approved 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.
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PROJECT EVALUATION:
This project shall be administratively evaluated to ensure that the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each respective quarter.The information provided is used to review progress of the funded
project and the successfulness in meeting outlined goals and objectives.The information,photos,highlights,
obstacles,and mandatory statistical data provided in this report are analyzed by the assigned project
coordinator.It is critical that the report contains the following information:
➢Original signatures on all Quarterly Reports and RCIs
•Signatures must include Project Director unless prior authorization for another is on file
with GOBS.
Report Schedule
Reporting Period Due Date
1"Quarterly Report(October 1 to December 31,2014)January 15,2015
2Id Quarterly Report(January 1 to March 31,2015)April 15,2015
Sao Quarterly Report(April 1 to June 30,2015)July 15,2015
4 Quarterly Report(July 1 to September 30,2015)October 30,2015
Final Statement of Accomplishment October 30,2015
The Quarterly Report shall be completed on the form available on-line and submitted by mail to the
Governor's Office of Highway Safety.
NOTE:IT IS REQURED 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 Accomplishment
The Project Director shall submit a Final Statement of Accomplishment Report to the GOHS no later than
thirty(30)days after the conclusion of each federal fiscal year(September 30'h).All agencies receiving
funding are required to submit a Final Statement of Accomplishment 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:
Tom Kelly,Chief of Police,Apache Junction Police Department,shall serve as Project Director.
Clyde Allison,Sergeant,Apache Junction Police Department,shall serve as Project Administrator.
Kate Kealy,Governor's Office of Highway Safety,shall serve as Project Coordinator.
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Apache Junction Police Department SAFETY CONTRACT 2015-HV-001
REPORT OF COSTS INCURRED(RCI):
The Project Director shall submit a Report of Costs Incurred(RCI)with supporting documentation attached,to
the Governor's Office of Highway Safety at a minimum on a quarterly basis in correlation with the required
report.Agencies may submit additional RCI forms for expenditures when funds have been expended for which
reimbursement is being requested.
RCIs shall be typed and delivered via mail or hand 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 after thirty(30)days after the conclusion of each federal fiscal year(September 30").
Expenditures submitted after the expiration date will not be reimbursed and the agency will accept
fiscal responsibility.
The RCI template and instructions are available on the Governor's Office of Highway Safety website at
littp://www.azgohs.goy/p,ratit-opportunities/.Failure to meet the reporting requirements may be cause
to terminate the project.
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 also serves as a management tool for:
➢Detecting and preventing problems
➢Helping to identify needed changes
➢Identifying training or assistance needed
➢Obtaining data necessary for planning,and evaluation
➢Identifying exemplary projects
Types of Monitorine
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 and/or 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
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Apache Junction Police Department SAFETY CONTRACT 2015-HV-001
Monitoring Schedule
Total Awarded Amount:Type of Monitoring:
Under$50,000.00 Desk Review/Phone Conference
$50,000.01-$99,999.99 In-House GOHS Review
$100,000+On-Site
Capital Outlay Greater than$25,000.00 On-Site
(combined)
Desk Review Internal Review of all written documentation related to contractual project including but
and Phone not limited to contract,quarterly reports,enforcement data,financial data,e-mails,
Conference 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 or areas of improvement,concern or
recognition will be provided to the grantee.
In-House Documents performance review results including project activities,reimbursement
Review claims review,equipment purchases,approvals,and other information.Reviews
applicable information related to the project(s)including but not limited to 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 or areas of improvement,concern or recognition
will be provided to the grantee.
On-Site Documents performance review results including project activities,reimbursement
Monitoring claims review,equipment purchases,and other information.Reviews applicable
information related to the project(s)including but not limited to 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 or areas of improvement,concern,or recognition,will be provided to the
grantee.
On-site and/or In-house monitoring for grantees of designated projects with large capital outlay purchases,
personnel services,and complex projects must be completed within the second or third quarter of the fiscal
year.Contracted projects displaying any problems might need on-site monitoring more than once during the
fiscal year.
On-site and/or In-house monitoring includes a review and discussion of all issues related to assure the effective
administration of the contracted project.The following are the most important items to review:
➢Progress toward meeting goals/objectives and performance measures
➢Adherence to the contract specifications,timely subrnission of complete and correct reports,including
required documentation
➢Quarterly reports
➢Status of expenditures related to the outlined budget
➢Accounting records
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Apache Junction Police Department SAFETY CONTRACT 2015-HV-001
➢Supporting documentation(training documentation,inventory sheets,photographs,press releases,
etc.)
In addition,the designated project administrator will assure that any equipment purchased will be available for
inspection and is being used for the purpose for which it was bought under the outlined contractual agreement.
Documentation
The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the grantee's respective federal file.Findings will be discussed with the grantee 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 with be placed on a performance plan as outlined by the project coordinator.
Grantee monitoring information will additionally provide documentation for potential funding in subsequent
fiscal year grant proposal review.
PROJECT PERIOD:
The Project Period shall commence on the date the GOHS Director signs the Highway Safety Contract and
terminate on September 30 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 Project Director 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 90 days 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 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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Apache Junction Police Department SAFETY CONTRACT 2015-HV-001
ESTIMATED COSTS:
I.Personnel Services(overtime)$7,143.00
H.Employee Related Expenses(ERE)$2,857.00
III.Professional and Outside Services$0.00
IV.Travel In-State$0.00
V.Travel Out-of-State$0.00
VI.Materials and Supplies$0.00
VII.Capital Outlay$0.00
TOTAL ESTIMATED COSTS*$10,000.00
*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 40 percent.This is the maximum ERE amount to be
reimbursed.It is agreed and understood that the Apache Junction Police Department shall absorb any and all expenditures
in excess of$10,000.00.
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Apache Junction Police Department SAFETY CONTRACT 2015-HV-001
QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT AGENCY
ACTIVITY ACTIVITY
TOTAL DUI ARRESTS
TOTAL MISDEMEANOR DUI ARRESTS
TOTAL EXTREME DUI.15 ARRESTS
TOTAL AGGRAVATED DUI ARRESTS
TOTAL DUI DRUG ARRESTS
TOTAL DRE EVALUATIONS
SOBER DESIGNATED DRIVERS CONTACTED
UNDERAGE ALCOHOL VIOLATIONS-TITLE 4
UNDERAGE DUI ARRESTS
UNDERAGE DUI-DRUG ARRESTS
TOTAL AGENCY CITATIONS
SPEED CITATIONS
RED LIGHT RUNNING CITATIONS
SEAT BELT CITATIONS
CHILD SAFETY SEAT CITATIONS
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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:
I.Project Monitoring,Reports,and Inspections
A.AGENCY agrees to fully cooperate with representatives of STATE monitoring the project,
either on-site or by telephone,during the life of the 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.
B.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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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.
M.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.
IV.Travel
In-State and Out-of-State Travel
In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY'S
regulations,provided that such regulations are as restrictive as those of STATE.Where they are
less restrictive,ARS§38-624 will apply.
The State must approve all out-of-state travel in writing and in advance.
V.Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth,and to
furnish all labor,materials,and equipment,except that labor,material,and equipment as STATE
agrees to furnish pursuant to this Contract.
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Apache Junction Police Department SAFETY CONTRACT 2015-HV-001
VI.Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other
party from liability hereunder.However,if the common law or a statute provides for either a
right to indemnify and/or a right to contribution to any party to this agreement then the right to
pursue one or both of these remedies is preserved.
VH.Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be sub-
contracted unless specifically agreed to in writing by STATE.No equipment purchased
hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by
STATE.
VHI.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.
IX.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.
X."Common Rule"and OMB Circular No.A-102(Revised)
"Common Rule"(49 CFR,Part 18):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
OMB Circular No.A-102(Revised):Grants and Cooperative Agreements with State and Local
Governments
The application of USDOT"Common Rule"and Circular A-102 requires that:
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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.
X1.Equal Opportunity
A.Pursuant to the requirements of the Federal-Aid Highway Act of 1968(U.S.C.§103 et.seq.),
AGENCY,as a condition to receiving approval of this Contract submitted under the Highway
Safety Act of 1966,as amended,hereby gives its assurance that employment in connection
with the subject Highway Safety Project will be provided without regard to race,color,creed,
sex,or national origin,and that any contract it enters into with any private agency pursuant
hereto will include provisions in compliance with this paragraph(XI).
As a condition of receiving approval of this Contract,AGENCY will be subject to and will
comply with Title VI of the Civil Rights Act of 1964 and all applicable requirements of the
Department of Commerce regulations as adopted by the USDOT,providing that no person in
the United States shall on the ground of race,color,creed,sex,or national origin be excluded
from participation in,be denied the benefits of,or be otherwise subjected to discrimination
under the subject Highway Safety Project.
B.If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions,
STATE or the USDOT may take any or all of the following actions.
1.Cancel,terminate,or suspend,in whole or in part,the agreement,contract,or other
arrangement with respect to which the failure or refusal occurred;and
2.Refrain from extending any further Federal financial assistance to AGENCY under the
Highway Safety Program with respect to which the failure or refusal occurred until
satisfactory assurance of fixture compliance has been received from AGENCY.
C.Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973(29 U.S.C.
§794),AGENCY must operate this Highway Safety Project so that it is accessible and
otherwise non-discriminatory to handicapped persons.
XH.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 R of the Project Director's Manual.
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XHI.Application of Hatch Act
AGENCY will notify all of its employees whose principal employment is in connection with any
highway safety project,financed in whole or in part by loans or grants under the Highway Safety
Act of 1966,as amended,of the provisions of the Hatch Act(5 U.S.C.§7321 et.seq.).
XIV.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.Arbitration Clause,ARS§12-1518
Pursuant to ARS§12-1519,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.
XVI.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.
XVH.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.
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XVHI.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.
XIX.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.
XX.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.
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.
XXI.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.
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Apache Junction Pofice Department SAFETY CONTRACT 2015-HV-001
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.
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is
subject 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.
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.
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REIMBURSEMENT INSTRUCTIONS
1.Agency Official preparing the Report of Costs Incurred:
Name:
Title:
Telephone Number:Fax Number:
E-mail Address:
2.Agency's Fiscal Contact:
Name:
Title:
Telephone Number:Fax Number:
E-mail Address:
Federal Identification Number:
3.REIMBURSEMENTINFORALMON.
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City,State,Zip Code)
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--1
Lobbying Restrictions
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
A.No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee
of any agency,a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with the awarding of any Federal contract,the making
of any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification of any
Federal contract,grant,loan,or cooperative agreement.
B.If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,a
Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the
undersigned will complete and submit Standard Form-LLL,'Disclosure Form to Report
Lobbying,"in accordance with its instructions.
C.The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers(including subcontracts,subgrants,and contracts
under grants,loans,and cooperative agreements)and that all sub-recipients will certify and
disclose accordingly.
D.This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into.Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 USC§1352.Any person who fails
to file the required certification will be subject to a civil penalty of not less than$10,000 and
not more than$100,000 for each such failure.
Signature of Project Director:Signature of Authorized Official of
Governmental Unit:
Tom Kelly,Chief George Hoffman,City Manager
Apache Junction Police Department City of Apache Junction
Date Telephone Date Telephone
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AUTHORITY&FUNDS
1.This Project is authorized by 23 U.S.C.§410 and regulations promulgated there under,more
particularly Volume 102,and if State funds are involved,this proj ect is authorized by ARS§28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S.Department of
Transportation.The expenses are reimbursable under Arizona's Highway Safety Plan Program Area
410-HV,as approved for by the National Highway Traffic Safety Administration.
2.A.EFFECTIVE DATE:B.FEDERAL FUNDS:
Authorization to Proceed Date 10 000.0
3.AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier,Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
22
O,isIce of
a�
p?A
JANICE K.BREWER ALBERTO GUTIER
>GOVERNOR DIRECTOR
rl0 I O►GOVERNOR'S HIGHWAY SAFETY REPRESENTATIVE
Chief Tom Kelly PROJECT REFERENCE:
Apache Junction Police Department Contract Number:2015-PT-002
300 E.Superstition Blvd.Purpose of Project:STEP/Selective Traffic
Apache Junction,Arizona 85119 Enforcement and Equipment(3 lidars)
Dear.Chief Kelly:
Enclosed are two(2)copies of the referenced Highway Safety Contract for your review and signature.This is not
an authorization to proceed with the project.
Please complete the following steps:
1.Please review the entire contract as there have been significant changes throughout the contract;
2.Have your fiscal staff complete the Reimbursement Instructions(page 23)of both copies;
3.As Project Director,sign and date the signature page of both copies;
4.Obtain the signature of George Hoffman,City Manager of the City of Apache Junction,as the Authorized
Official of Governmental Unit,on the signature page of both copies;
5.Return all signed copies of the contract to Governor's Office of Highway Safety,3030 North Central
Avenue,Suite 1550,Phoenix,Arizona,85012.
Please do not incur any costs at this time as it would nullify the contract.Once the signed copies are received,I
will approve and sign the contract as the GOHS Director/Governor's Highway Safety Representative and an
original executed contract with a letter of authorization to proceed will be forwarded to you.
Sinc ely,
Alberto Go'irector
Governor s Highway Safety Representative Date
Enclosures
AG:kink
3030 NORTH CENTRAL AVENUE,SUITE 1550,PHOENIX,ARIZONA 85012
TELEPHONE(602)255-3216 1 TOLL FREE(877)355-3216 1 FAx(602)255-1265
W W W.AZGOHS.GOV
GOVERNOR'S OFFICE OF STATE OF ARIZONA
HIGHWAY SAFETY
HIGHWAY SAFETY CONTRACT
This page,the Project Directors 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.
CFDA:20.600
1.APPLICANT AGENCY GOHS CONTRACT NUMBER:
Apache Junction Police Department(AJPD)2015-PT-002
ADDRESS PROGRAM AREA:402-PT
300 East Superstition Blvd.
Apache Junction,AZ 85119
2.GOVERNMENTAL UNIT AGENCY CONTACT:
City of Apache Junction Tom Kelly
ADDRESS 3.PROJECT TITLE:
300 East Superstition Blvd.Selective Traffic Enforcement(STEP)and
Apache Junction,AZ 85119 Equipment
4.GUIDELINES:
402-Police Traffic Services(PT)
5.BRIEFLY STATE PURPOSE OF PROJECT:
Federal 402 funds will support Personnel Services(Overtime)and Employee Related Expenses(ERE),and
Capital Outlay:Three(3)Lidar Speed Detection Devices to enhance STEP Enforcement throughout the City
of Apache Junction.
6.BUDGET Project Period
COST CATEGORY FFY 2015
1.Personnel Services$3,571.00
H.Employee Related Expenses$1,429.00
HI.Professional and Outside Services$0.00
IV.Travel In-State$0.00
V.Travel Out-of-State$0.00
VI.Materials and Supplies$0.00
VH.Capital Outlay$5,985.00
TOTAL ESTIMATED COSTS$10,985.00
FROM:Effective Date(Date ofGOHS
PROJECT PERIOD Director Signature)TO:09-30-2015
CURRENT GRANT PERIOD FROM:10-01-2014 TO:09-30-2015
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY:$10,985
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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PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Apache Junction Police Department serves the city of Apache Junction,which has a population of
approximately 39,000 people and has heavy traffic zones partly because the city lies between the large
population of the Phoenix metropolitan area and popular area lakes.The US 60 freeway and Ironwood Road
experience heavy traffic coming in and out of town to the San Tan Valley Area and Queen Creek.Apache
Junction north sector and west sector has many dirt roadways,which adds its own unique problem because of
the desire for no light pollution.The town also experiences a large influx of winter visitors which increases
the population by almost 50,000 people each year,and seasonally adds to traffic.
Agency Problem:
The Apache Junction Police Department is experiencing a high number of car collisions on Ironwood Drive
within the city.The problem has been identified as the drivers who are failing to control speed,perfonning
unlawful U-turns and driving while distracted(texting).
Agency Attempts to Solve Problem:
Apache Junction Police Department has increased presence in problem areas and has enacted a zero-tolerance
enforcement policy.The Department has also joined with Pinal County and DPS to enforce a crack down on
distracted drivers(texting).
Agency Funding:
Federal 402 funds will support Personnel Services(Overtime)and Employee Related Expenses(ERE),and
Capital Outlay:Three(3)Lidar Speed Detection Devices to enhance STEP Enforcement throughout the City
of Apache Junction.
How Agency Will Solve Problem With Funding:
The Apache Junction Police Department will utilize grant funding for STEP overtime enforcement throughout
the federal fiscal year by participating in saturation patrols and STEP enforcement details.The Apache
Junction Police Department will improve the enforcement of traffic safety laws intended to reduce death,
injury,and property damage and promote roadway safety;along with deterring aggressive and distracted
drivers.Furthermore,the Apache Junction Police Department will continue to report necessary statistical data
to ensure accurate comparisons of STEP/Speed enforcement citations that are issued.The Apache Junction
Police Department will continue to increase public awareness associated with the dangers of speeding,
aggressive/distracted driving;and continue to provide training and updates on traffic laws to Apache Junction
Police Department Officers.
The Apache Junction Police Department will meet the STEP/Speed enforcement objectives by using contract
funds to provide details to increase the munber of officers to saturate key areas with law enforcement to
conduct zero-tolerance enforcement on speeders and distracted drivers.The Department plans to utilize grant
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funding for STEP/Speed overtime enforcement throughout the federal fiscal year by participating in
STEP/Speed Task Force details and STEP/Speed saturation patrols.
The Apache Junction Police Department will meet the STEP/Speed enforcement objectives by using funds to
purchase new high-tech speed detection equipment.The Department will utilize grant funding to purchase and
install Three(3)Lidar Speed Detection Devices to be purchased no later than the third quarter of FFY2015
grant cycle.The Apache Junction Police Department will utilize capital outlay equipment for Speed
enforcement throughout Apache Junction.
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GOALS/OBJECTIVES:
Federal 402 funds will support Personnel Services(Overtime)and Employee Related Expenses(ERE),and
Capital Outlay:Three(3)Lidar Speed Detection Devices to enhance STEP Enforcement throughout the City of
Apache Junction.
PT/SPEED-STEP POLICE TRAFFIC SERVICES
Expenditures of funding pertaining to the PT/Selective Traffic Enforcement Program including Personnel
Services and ERE,Materials&Supplies,Capital Equipment and/or Travel In and Out of State shall comply
with the PT/Selective Traffic Enforcement Program Goals provided by the Arizona Governor's Office of
Highway Safety.The PT/Selective Traffic Enforcement Program Goal is to reduce the incidence of traffic
fatalities and injuries resulting from speeding,aggressive driving,red light running and other forms of risky
driving behavior 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 Speeding
in terms of money,criminal and human consequences.
The Apache Junction Police Department will maintain responsibility for reporting sustained enforcement
activity in a timely manner.Additionally,it is the responsibility of the Apache Junction Police Department to
report all holiday task force enforcement statistics to GOHS on-line at the GOBS website no later than
10:OOa.m.the morning following each day of the event.
The holidays and special events include but not limited to:Super Bowl Sunday,Valentine's Day,President's
Day,St.Patrick's Day,Spring Break,Easter,Cinco de Mayo,Prom Night,Memorial Day,Graduation Day,
Independence Day,Labor Day,Columbus Day,Halloween,and the Thanksgiving through New Year's details.
PLEASE NOTE:Failure to submit Statistics,Quarterly Reports and/or Report of Costs Incurred
(RCls)on time and correctly may delay reimbursement for expenditures to your agency.
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METHOD OF PROCEDURE:
The Apache Junction Police Department will make expenditures as follows to meet the outlined Program
Goals/Objectives:
Personnel Services-To support Overtime for STEP/Speed Enforcement Activities
Employee Related Expenses-To support Employee Related Expenses for Agency Overtime
Capital Outlay-To purchase/procure the following Capital Outlay for STEP/Speed Enforcement Activities:
Three(3)Lidar Speed Detection Devices
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 at the same time it is sent to
the media.This press release shall include the objective and specify that the funding is from the Governor's
Office of Highway Safety.
BAC TESTING AND REPORTING REQUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to
assess progress toward reducing impaired driving.
Arizona is presently and consistently below the documented average among the states in the Blood Alcohol
(BAC)testing of drivers involved in fatal motor vehicle collisions.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that this
accurate data on all drivers involved are reported.Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving federal funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police(IACP)that are currently in
effect.
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.
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Requirements for Paid Media:
All paid media must be pre-approved 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.
EOUIPMENT:
Three(3)Lidar Speed Detection Devices
Agencies receiving funding for Capital Outlay(major equipment)such as DUI Processing Vans,marked and
unmarked enforcement sedans and marked enforcement motorcycles shall schedule a press conference that
includes the Director of the Governor's Office of Highway Safety.The purpose of this press conference will
be to present the equipment to the community.
The Apache Junction Police Department shall immediately notify GOHS if any equipment purchased under
this contract ceases to be used in the manner described in this contract.In such event,the Apache Junction
Police Department further agrees to dispose of this equipment using the Apache Junction Police Department's,
city,town or county ordinance,code or rule regarding disposal of equipment.
In the absence of an ordinance,code or rule regarding the disposal of the property,the Apache Junction Police
Department can refer to that of the state.The Apache Junction Police Department shall maintain or cause to be
maintained for its useful life,any equipment purchased under this contract.The Apache Junction Police
Department shall incorporate any equipment purchased under this Contract into its inventory records.The
Apache Junction Police Department shall insure any equipment purchased under this Contract for the duration
of its useful life.Self-insurance meets this requirement.
Administrative and Maintenance Costs:
The Apache Junction Police Department shall be responsible for all administrative,maintenance,operational costs
and the costs of any damage relating to the Three(3)Lidar Speed Detection Devices.
Decals:
The Governor's Office of Highway Safety shall provide the Apache Junction Police Department with decals
depicting the Governor's Office of Highway Safety logo.These decals shall be affixed to the equipment before
being placed in service.
Equipment Purchase:
The equipment purchased under this contract shall be ordered,received,training completed,and placed in
service prior to the end of the project period.
If the Agency cannot meet this requirement,the Agency must submit a letter of explanation signed by the
Project Director on the Agency's letterhead via mail or hand delivered to the Director of the Governor's Office
of Highway Safety within sixty(60)days before the end of the project period.
The application of USDOT"Common Rule"and Circular A-102 requires that:
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Grantees and sub grantees will use their own procurement procedures,which reflect applicable state and local
laws and regulations,provided that 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.
Original Purpose of Equipment:
Pursuant to 23 CFR§1200.21,all equipment purchased under this contract is to be used for the original
purpose intended under this contract.All equipment shall be used for the originally authorized grant purposes
for as long as needed for those purposes and neither the State nor the Agency(sub-grantees)or contractors
shall encumber the title or interest while such need exists.
The Governor's Office of Highway Safety may reserve the right to transfer title to equipment acquired under
this the Section 402 program to the Federal Government or to a third party when such third party is otherwise
eligible under existing statutes.
Furthermore,49 CFR§18.32.c.1 states that equipment(acquired under this grant)shall be used by the-grantee
in the program or project for which it was acquired as long as needed,whether or not the project or program
continues to be supported by Federal funds.When no longer needed for the original program or project,the
equipment may be used in other activities currently or previously supported by a Federal agency.
Insurance:
It is agreed that the Apache Junction Police Department shall adequately insure all capital equipment
purchased under this contract for repair or replacement.
SPECIFIC REOUH2EMENTS:
SPEED DETECTION EQUIPMENT-
Requirements for Speed Detection Devices:
The Apache Junction Police Department will be responsible for providing all personnel the appropriate
training for using the speed detection devices purchased under this contract implementing a National Highway
Traffic Safety Administration(NHTSA)approved training course.
The Apache Junction Police Department will maintain written documentation(copy of the training certificates)
which will be available for review by GOHS.
Requirements for Speed Monitoring Trailer Systems:
Speed monitoring trailers are portable,self-contained speed display units.This equipment may be used for
enforcement,public information,education,data collection.The Apache Junction Police Department will
maintain a written policy covering usage of the Speed Trailer System,which will be available upon request for
review by GOHS.
PROFESSIONAL AND OUTSIDE SERVICES/PUBLIC INFORMATION/MEDIA-
Requirements for Professional and Outside Services:
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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 pre-approved 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.
EQUIPMENT-
Requirements for Equipment:
The Apache Junction Police Department shall include a high quality color photograph of all equipment
purchased under this contract.The Apache Junction Police Department shall complete the attached Capital
Outlay Equipment form for all individual equipment purchases of$5,000.00 or more.The form is to be
attached and submitted with the next quarterly report subsequent to the delivery of the equipment.
METHOD OF PROCUREMENT:
The application of USDOT"Common Rule"and Circular A-102 requires that:
Grantees and sub grantees will use their own procurement procedures which reflect applicable state and local
laws and regulations,provided that 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 Apache Junction Police Department documentation consisting of,
but not limited to,copies of time sheets,purchase orders,copies of invoices,and proof of payment.
The Project Director 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 purchase
using an open state contract must bear the contract number.
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PROJECT EVALUATION:
This project shall be administratively evaluated to ensure that the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each respective quarter.The information provided is used to review progress of the funded
project and the successfulness in meeting outlined goals and objectives.The information,photos,highlights,
obstacles,and mandatory statistical data provided in this report are analyzed by the assigned project
coordinator.It is critical that the report contains the following information:
➢Original signatures on all Quarterly Reports and RCIs
•Signatures must include Project Director unless prior authorization for another is on file
with GOBS.
Report Schedule
Reporting Period Due Date
1"Quarterly Report(October 1 to December 31,2014)January 15,2015
2"d Quarterly Report(January 1 to March 31,2015)April 15,2015
3RD Quarterly Report(April 1 to June 30,2015)July 15,2015
4 Quarterly Report(July 1 to September 30,2015)October 30,2015
Final Statement of Accomplishment October 30,2015
The Quarterly Report shall be completed on the form available on-line and submitted by mail to the
Governor's Office of Highway Safety.
NOTE:IT IS REQURED 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 Accomplishment
The Project Director shall submit a Final Statement of Accomplishment Report to the GOHS no later than
thirty(30)days after the conclusion of each federal fiscal year(September 30`n).All agencies receiving
funding are required to submit a Final Statement of Accomplishment 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:
Tom Kelly,Chief of Police,Apache Junction Police Department,shall serve as Project Director.
Clyde Allison,Sergeant,Apache Junction Police Department,shall serve as Project Administrator.
Kate Kealy,Governor's Office of Highway Safety,shall serve as Project Coordinator.
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REPORT OF COSTS INCURRED(RCI):
The Project Director shall submit a Report of Costs Incurred(RCI)with supporting documentation attached,to
the Governor's Office of Highway Safety at a minimum on a quarterly basis in correlation with the required
report.Agencies may submit additional RCI forms for expenditures when funds have been expended for which
reimbursement is being requested.
RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation,to the
Governor's Office of Highway Safety.Electronically submitted RCIs will not be accented.Final RCIs will
not be accepted after thirty(30)days after the conclusion of each federal fiscal year(September 30`).
Expenditures submitted after the expiration date will not be reimbursed and the agency will accept
fiscal responsibility.
The RCI template and instructions are available on the Governor's Office of Highway Safety website at
http://www.azgohs.gov/rag vt-opportunities/.Failure to meet the reporting requirements may be cause
to terminate the project.
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 also serves as a management tool for:
➢Detecting and preventing problems
➢Helping to identify needed changes
➢Identifying training or assistance needed
➢Obtaining data necessary for planning,and evaluation
➢Identifying exemplary projects
Types of Monitoring
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 and/or 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
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Monitoring Schedule
Total Awarded Amount:Type of Monitoring:
Under$50,000.00 Desk Review/Phone Conference
$50,000.01-$99,999.99 In-House GOHS Review
$100,000+On-Site
Capital Outlay Greater than$25,000.00 On-Site
(combined)
Desk Review Internal Review of all written documentation related to contractual project including but
and Phone not limited to contract,quarterly reports,enforcement data,financial data,e-mails,
Conference 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 or areas of improvement,concern or
recognition will be provided to the grantee.
In-House Documents performance review results including project activities,reimbursement
Review claims review,equipment purchases,approvals,and other information.Reviews
applicable information related to the project(s)including but not limited to contract,
quarterly reports,enforcement data,financial data,e-mails,letters,notes,press releases,
photographs,inventories,and other written correspondence.Completed at GOBS in a
meeting with appropriate operational and financial personnel.Monitoring form written
by Project Coordinator,any findings or areas of improvement,concern or recognition
will be provided to the grantee.
On-Site Documents performance review results including project activities,reimbursement
Monitoring claims review,equipment purchases,and other information.Reviews applicable
information related to the project(s)including but not limited to 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 or areas of improvement,concern,or recognition,will be provided to the
grantee.
On-site and/or In-house monitoring for grantees of designated projects with large capital outlay purchases,
personnel services,and complex projects must be completed within the second or third quarter of the fiscal
year.Contracted projects displaying any problems might need on-site monitoring more than once during the
fiscal year.
On-site and/or In-house monitoring includes a review and discussion of all issues related to assure the effective
administration of the contracted project.The following are the most important items to review:
➢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
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➢Supporting documentation(training documentation,inventory sheets,photographs,press releases,
etc.)
In addition,the designated project administrator will assure that any equipment purchased will be available for
inspection and is being used for the purpose for which it was bought under the outlined contractual agreement.
Documentation
The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the grantee's respective federal file.Findings will be discussed with the grantee 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 with be placed on a performance plan as outlined by the project coordinator.
Grantee monitoring information will additionally provide documentation for potential funding in subsequent
fiscal year grant proposal review.
PROJECT PERIOD:
The Project Period shall commence on the date the GOHS Director signs the Highway Safety Contract and
terminate on September 30 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 Project Director 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 90 days 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 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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ESTIMATED COSTS:
I.Personnel Services(overtime)$3,571.00
H.Employee Related Expenses(ERE)$1,429.00
III.Professional and Outside Services$0.00
IV.Travel In-State$0.00
V.Travel Out-of-State$0.00
VI.Materials and Supplies$0.00
VIE[.Capital Outlay$5,985.00
Three(3)Lidar Speed Detection Devices($1,995.00 each)
TOTAL ESTIMATED COSTS*$10,985.00
*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 40 percent.This is the maximum ERE amount to be
reimbursed.It is agreed and understood that the Apache Junction Police Department shall absorb any and all expenditures
in excess of$10,985.00.
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QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT AGENCY
ACTIVITY.ACTIVITY
TOTAL DUI ARRESTS
TOTAL MISDEMEANOR DUI ARRESTS
TOTAL EXTREME DUI.15 ARRESTS
TOTAL AGGRAVATED DUI ARRESTS
TOTAL DUI DRUG ARRESTS
TOTAL DRE EVALUATIONS
SOBER DESIGNATED DRIVERS CONTACTED
UNDERAGE ALCOHOL VIOLATIONS-TITLE 4
UNDERAGE DUI ARRESTS
UNDERAGE DUI-DRUG ARRESTS
TOTAL AGENCY CITATIONS
SPEED CITATIONS
RED LIGHT RUNNING CITATIONS
SEAT BELT CITATIONS
CHILD SAFETY SEAT CITATIONS
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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:
1.Project Monitoring,Reports,and Inspections
A.AGENCY agrees to fully cooperate with representatives of STATE moiitoring 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.
H.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 maybe cause to terminate the project under
section XX herein,"Termination and Abandonment".
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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.
M.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.
IV.Travel
hi-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.
V.Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth,and to
furnish all labor,materials,and equipment,except that labor,material,and equipment as STATE
agrees to furnish pursuant to this Contract.
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VI.Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other
party from liability hereunder.However,if the common law or a statute provides for either a
right to indemnify and/or a right to contribution to any party to this agreement then the right to
pursue one or both of these remedies is preserved.
VH.Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be sub-
contracted unless specifically agreed to in writing by STATE.No equipment purchased
hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by
STATE.
VHL 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.
IX.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.
X."Common Rule"and OMB Circular No.A-102(Revised)
"Common Rule"(49 CFR,Part 18):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
OMB Circular No.A-102(Revised):Grants and Cooperative Agreements with State and Local
Governments
The application of USDOT"Common Rule"and Circular A-102 requires that:
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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.
X1.Equal Opportunity
A.Pursuant to the requirements of the Federal-Aid Highway Act of 1968(U.S.C.§103 et.seq.),
AGENCY,as a condition to receiving approval of this Contract submitted under the Highway
Safety Act of 1966,as amended,hereby gives its assurance that employment in connection
with the subject Highway Safety Project will be provided without regard to race,color,creed,
sex,or national origin,and that any contract it enters into with any private agency pursuant
hereto will include provisions in compliance with this paragraph(XI).
As a condition of receiving approval of this Contract,AGENCY will be subject to and will
comply with Title VI of the Civil Rights Act of 1964 and all applicable requirements of the
Department of Commerce regulations as adopted by the USDOT,providing that no person in
the United States shall on the ground of race,color,creed,sex,or national origin be excluded
from participation in,be denied the benefits of,or be otherwise subjected to discrimination
under the subject Highway Safety Project.
B.If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions,
STATE or the USDOT may take any or all of the following actions.
1.Cancel,terminate,or suspend,in whole or in part,the agreement,contract,or other
arrangement with respect to which the failure or refusal occurred;and
2.Refrain from extending any further Federal financial assistance to AGENCY under the
Highway Safety Program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from AGENCY.
C.Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973(29 U.S.C.
§794),AGENCY must operate this Highway Safety Project so that it is accessible and
otherwise non-discriminatory to handicapped persons.
XII.Executive Order 2009-09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive
Order 2009-09,Non-Discrimination in Employment by Government Contractors and
Subcontractors.Executive Order 2009-09 is located in Part II of the Proj ect Director's Manual.
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XHI.Application of Hatch Act
AGENCY will notify all of its employees whose principal employment is in connection with any
highway safety project,financed in whole or in part by loans or grants under the Highway Safety
Act of 1966,as amended,of the provisions of the Hatch Act(5 U.S.C.§7321 et.seq.).
XIV.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.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.
XVI.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.
XVII.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.
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XVM.Continuation of 13ighway 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.
XIX.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.
XX.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.
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.
XXI.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.
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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.
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is
subject 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.
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.
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REUMURSEMENT INSTRUCTIONS
1.Agency Official preparing the Report of Costs Incurred:
Name:
Title:
Telephone Number:Fax Number:
E-mail Address:
2.Agency's Fiscal Contact:
Name:
Title:
Telephone Number:Fax Number:
E-mail Address:
Federal Identification Number:
3.REIMBURSEMENTINFORMATION.•
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City,State,Zip Code)
23
GOHS HIGHWAY
Apache Junction Police Department SAFETY CONTRACT 2015-PT-002
Lobbying Restrictions
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
A.No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee
of any agency,a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with the awarding of any Federal contract,the making
of any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification of any
Federal contract,grant,loan,or cooperative agreement.
B.If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,a
Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the
undersigned will complete and submit Standard Form-LLL,"Disclosure Form to Report
Lobbying,"in accordance with its instructions.
C.The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers(including subcontracts,subgrants,and contracts
under grants,loans,and cooperative agreements)and that all sub-recipients will certify and
disclose accordingly.
D.This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into.Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 USC§1352.Any person who fails
to file the required certification will be subject to a civil penalty of not less than$10,000 and
not more than$100,000 for each such failure.
Signature of Project Director:Signature of Authorized Official of
Governmental Unit:
Tom Kelly,Chief George Hoffman,City Manager
Apache Junction Police Department City of Apache Junction
Date Telephone Date Telephone
24
GOHS HIGHWAY
Apache Junction Police Department SAFETY CONTRACT 2015-PT-002
AUTHORITY&FUNDS
1.This Project is authorized by 23 U.S.C.§402 and regulations promulgated there under,more
particularly Volume 102,and if State funds are involved,this project is authorized by ARS§28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S.Department of
Transportation.The expenses are reimbursable under Arizona's Highway Safety Plan Program Area
402-PT,as approved for by the National Highway Traffic Safety Administration.
2.A.EFFECTIVE DATE:B.FEDERAL FUNDS:
Authorization to Proceed Date 1 9
3.AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier,Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
25
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 7.
�Pii File ID: 14-420
Sponsor: Thomas Kelly Agenda Date: 9/15/2014
Index: In Control: City Council Work Session
Presentation and discussion on military style vehicles in the police department fleet.
Presentation and discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.8.
'+'Piz File ID: 14-422
Sponsor: Robin Barker Agenda Date: 9/15/2014
Index: In Control: City Council Work Session
Presentation and discussion on beautification of the Focal Point. Presentation and
discussion.
City of Apache Junction,Arizona Page 1 Printed on 611512026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 9.
QitoN►' File ID: 14-451
Sponsor: Matt Busby Agenda Date: 9/15/2014
Index: In Control: City Council Work Session
Presentation and discussion on the second amendment to the easement agreement between
Verizon Wireless and the City of Apache Junction for location of communication equipment on
city property. Presentation and discussion.
Verizon Wireless has requested a second amendment to their easement agreement with the
city at the 575 E. Baseline Road location. As background, the city grants permission to access
and use an easement over and across a portion of the Public Works property via an Easement
Agreement for Verizon Wireless to provide a wireless communications facility and tower to
provide service to the area. The annual "easement Fee" payable to the city is currently$9,240.
In summary, the proposed second amendment provides for the following provisions:
1. Extend the agreement for four(4)additional terms of five (5)years each.
2. Annual rent increase of three percent(3%)annually. The current annual rent is currently
$9,240.
3. A one time payment of$20,000.
4. New addresses for notices to be sent to parties of the agreement.
5. The reaffirmation of the terms in the original agreement.
6. Clarification that all additions, variations, or modifications to the agreement shall be in writing.
City of Apache Junction,Arizona Page 1 Printed on 611512026
GRANTEE SITE NAME: Apache
GRANTEE Contract No.: 11551
GRANTEE Location Code: 120666
SECOND AMENDMENT TO EASEMENT AGREEMENT
FOR VERIZON WIRELESS TELECOMMUNICATIONS FACILITY
(575 E. BASELINE LOCATION)
This Second Amendment to Easement Agreement ("Second Amendment")
is made this day of , 20_, by and between CITY OF APACHE
JUNCTION, an Arizona municipal corporation ("Grantor") and VERIZON
WIRELESS (VAW) LLC, a Delaware limited liability company, d/b/a Verizon
Wireless ("Grantee"), collectively referred to as the "Parties".
RECITALS
A) The Parties, or their predecessors in interest, entered into that certain
Easement Agreement dated December 17, 1996, as amended by that certain
First Amendment to Easement Agreement for Verizon Telecommunications
Facility [575 E. Baseline Location] dated July 16, 2007 (collectively, the
"Agreement").
B) The Parties acknowledge that the term of the Agreement expires on
February 14, 2017.
C) The Parties desire to amend the Agreement to extend the term of the
Agreement, change the rent adjustments, and modify certain other provisions.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree to be legally
bound to this Second Amendment as follows:
1. Section 3.3 of the Agreement ("Right to Extend") is hereby amended
to reflect that, beginning on February 15, 2017, Grantee shall have
the right to extend this Agreement for four (4) additional terms of
five (5) years each (each, an "Additional Renewal Term"). Unless
Grantee notifies Grantor of its intention not to renew any Additional
Renewal Term at least thirty (30) calendar days prior to the
expiration of the then current term, each Additional Renewal Term
shall automatically be exercised without notice or any other action
of any kind by Grantee.
2. Section 3.4 of the Agreement ("Easement Fee Amount") is hereby
amended to reflect that, beginning on February 15, 2017, the annual
rent shall increase by three percent (3%) over the annual rent then
in effect and by three (3%) over the then current annual rent on
each one year anniversary of February 15, 2017 thereafter. The
escalations in this paragraph shall be the only escalations to the
1
GRANTEE SITE NAME: Apache
GRANTEE Contract No.: 11551
GRANTEE Location Code: 120666
rent and any/all escalations in the Agreement are hereby null and
void and of no further force and effect.
3. One-Time Payment. Grantee shall pay to Grantor a one-time
payment in the amount of $20,000.00 [the "One-Time Payment"],
payable within forty-five (45) days of the last to occur of the
following: (a) Grantee's receipt of this Second Amendment
executed by Grantor, on or before October 31, 2014; (b) Grantee's
receipt of any documents and other items reasonably requested by
Grantee in order to effectuate the transaction and payment
contemplated herein; (c) receipt by Grantee of an original Amended
Memorandum of Easement Agreement in form and content
acceptable to Grantee (the "Memorandum") executed by Grantor,
together with any applicable forms needed to record the
Memorandum, which forms shall be supplied by Grantee to Grantor;
and (d) the date this Second Amendment is executed by the Parties.
4. Section 13 of the Agreement ("Notices") is hereby amended to
reflect that notices shall be sent to the address of the parties as set
forth below, or to such other address as one party may provide in
writing to the other.
If to Grantee: If to Grantor:
Verizon Wireless (VAW) LLC City of Apache
Junction
d/b/a Verizon Wireless 300 E. Superstition
Blvd.
180 Washington Valley Road Apache Junction, AZ
85119
Bedminster, NJ 07921 Attention: City
Manager
Attention: Network Real Estate Department
5. All remaining provisions of the Agreement shall remain in full force
and effect as to all other terms and conditions, and shall remain
binding on the Parties hereto.
6. The Agreement and this Second Amendment contain all
agreements, promises or understandings between the Parties and
no verbal or oral agreements, promises or understandings shall be
binding upon the Parties in any dispute, controversy, or proceeding
at law, and any subsequent addition, variation or modification shall
be void and ineffective unless made in writing and signed by the
Parties. In the event any provision is found to be invalid or
unenforceable, such a finding shall not affect the validity and
enforceability of the remaining provisions.
2
GRANTEE SITE NAME: Apache
GRANTEE Contract No.: 11551
GRANTEE Location Code: 120666
[SIGNATURES TO FOLLOW)
3
GRANTEE SITE NAME: Apache
GRANTEE Contract No.: 11551
GRANTEE Location Code: 120666
IN WITNESS WHEREOF, the Parties have set forth their hand as of the
date indicated below.
GRANTOR: CITY OF APACHE JUNCTION
By:
Name: George Hoffman
ITS: City Manager
Date:
ATTEST:
By:
Kathleen Connelly, City Clerk
Date:
APPROVED AS TO FORM:
By:
Richard J. Stern, City Attorney
Date:
GRANTEE: VERIZON WIRELESS (VAW)
LLC, D/B/A
VERIZON WIRELESS
By:
Name: Brian Mecum
ITS: Area Vice President Network
Date:
4
Prepared By and Upon Recording,Return to:
Verizon Wireless
Shea DeClerk Halbert
One Verizon Drive,B4F06SJ
Little Rock,AR 72202
Site ID:Apache/120666
STATE OF ARIZONA ) Field Code Changed
COUNTY OF PINAL )
MEMORANDUM OF EASEMENT AGREEMENT
This MEMORANDUM OF EASEMENT AGREEMENT ("Memorandum") is made this
day of , 20_, between CITY OF APACHE JUNCTION, hereinafter referred to as
"GRANTOR",and VERIZON WIRELESS(VAW)LLC d/b/a Verizon Wireless,hereinafter referred to
as "GRANTEE". GRANTOR and GRANTEE are at times collectively referred to hereinafter as the
"Parties"or individually as the"Party".
1. GRANTOR and GRANTEE,or their predecessors in interest,entered into that certain Easement
Agreement dated December 17, 1996,as amended by that certain First Amendment to Easement
Agreement for Verizon Telecommunications Facility [575 E. Baseline Location] dated July 16,
2007 (collectively,the"Lease")whereby GRANTEE leased from GRANTOR a portion of that
certain property located in the County of Pinal,State of Arizona(the"Property")(which Property
is legally described in Exhibit"A"attached hereto).
2. GRANTOR and GRANTEE have entered into that certain Second Amendment to Easement
Agreement dated , 20_ ("Second Amendment") and now desire to
evidence the Lease,as amended.
3. The Lease is set to expire on February 14,2017. Following the expiration of the current term,the
Lease shall automatically be extended for four(4) additional, successive five(5)year extension
terms unless GRANTEE notifies GRANTOR,in writing,of GRANTEE'S intention not to renew
at least thirty(30)days prior to the end of the then current term.
4. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as
amending or modifying,any of the terns,conditions or provisions of the Lease,all of which are hereby
ratified and affirmed. In the event of a conflict between the provisions of this Memorandum and the
provisions of the Lease,the provisions of the Lease shall control.The terms,covenants and provisions of
the Second Amendment, the terms of which are hereby incorporated by reference into this
Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs,
successors and assigns of GRANTOR and GRANTEE.
1
IN WITNESS WHEREOF,hereunto and to a duplicate hereof,GRANTOR and GRANTEE have
caused this Memorandum to be duly executed on the date first written hereinabove.
GRANTOR:
CITY OF APACHE JUNCTION
By:
Print Name:
ITS:
ATTEST:
By:
Kathleen Connelly, City Clerk
Date:
APPROVED AS TO FORM:
By:
Richard J. Stern, City Attorney
Date:
GRANTEE:
VERIZON WIRELESS(VAW)LLC
D/B/A VERIZON WIRELESS
BY:
Print Name:Brian Mecum
ITS: Area Vice President Network
STATE OF )
GRANTOR ACKNOWLEDGMENT
COUNTY OF )
2
I, ,do hereby certify that personally came before me
this day and acknowledged that he is the of ,a
,and that he,as being authorized to do so,executed the
foregoing MEMORANDUM OF EASEMENT AGREEMENT on behalf of the . He is personally
known to me.
WITNESS my hand and official Notarial Seal,this_day of ,20.
Notary Public
My Commission Expires:
State of California ) GRANTEE ACKNOWLEDGMENT
County of Orange )
On before me, Notary Public,
personally appeared Brian Mecum who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the
person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
Exhibit A
Legal Description of the Property
3
Paris 2"EM814T
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d betia—F a►d to ra►Ioatiot ao m to yrwide die tZ rpoGwea wkkb ur eu•aaeDt 111NaaaoW
UNDERGROUND UTILITY BASEMENT
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ofliersI.04:and fr.Jet aaascc of underground utllMm sad osAment"g lelratod will a rAtinkin
tho Horthatelquarter n'va-tiria<7oWntAlp i Sttth,Runge t taR,of the OW slid Sale
RiN:r Aoad and Aferidlaa, :tnai �Moty,Ariacrta,further dewribW as folloon!
Beginni0j at a tenon p6c14"spindle at the North tuatar comer of laid 5eM16n 4,theace
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IltlNfy Hasememe.
4
EASEMENT AGREEMENT
ORIGINAL (FOR TELECOMMUNICATIONS FACILITY)
THIS EASEMENT AGREEMENT (the "Agreement") is made effective as
of December 17, 1996 by and between the City of Apache Junction,
Pinal County, Arizona, a political subdivision of the State of
Arizona, 1001 North Idaho Road, Apache Junction, Arizona, 85219,
and U. S. West, NewVector Group, Inc. , a Colorado Corporation,
("Grantee") .
RECITALS
A. Grantor is the owner of certain real property located in
Pinal County, Arizona; and
B. Grantee wishes to acquire an easement over and across a
portion of Grantor' s property, including rights-of-way and access
easements for the construction, installation, operation, maintenance
and repair of a telecommunications facility and related services;
and
C. Grantor is willing to grant an easement to Grantee upon
the terms and conditions set forth in this Agreement .
1. Grant of Easement
1. 1 Location. Grantor hereby grants to Grantee, and
Grantee hereby accepts, an easement (the "Easement") , the location
of which shall be on the property of the Public Works property of
the City of Apache Junction located at 575 E. Baseline, Apache
Junction, Arizona. The easement shall be for a site of thirty feet
(30' ) by thirty feet (30' ) at a specific location within the Public
Works property to be mutually acceptable to both parties . Grantor
grants Grantee the right, but not the obligation, at any time during
the term of this Agreement, to obtain a survey of the premises at
Grantee' s expense. The legal description that may be derived from
the survey will become Exhibit "A" which will be attached hereto and
made a part hereof.
1.2 Utility Easements. Grantor agrees, to the extent
permitted by law, to execute any additional easement documents as
may be reasonably required by any and all utility companies in
connection with Grantee' s use of the Easement .
1.3 Non-Exclusive Rights. Grantor covenants that Grant-
ee, upon paying the consideration and performing the covenants by
it herein made, shall and may peacefully and quietly have, hold and
enjoy the Easement; provided, however, that Grantee' s rights hereun-
der are non-exclusive, and Grantor may enter into leases or grant
easements on the Public Works site for telecommunications facility
use or otherwise, so long as such other usage does not materially
interfere with Grantee' s signal or other permitted use of the
Easement as described herein, with no reduction or return of the
consideration or obligations of Grantee hereunder. Grantor agrees
to use its reasonable best efforts to give Grantee sixty (60) days
prior notice of a proposed new use of the Public Works site by any
third party, and to provide relevant information about the proposed
new use so that Grantee can determine, in Grantee' s reasonable
discretion, if any material harmful interference to Grantee' s use
of the Easement will result from the proposed new use.
1.4 Grantor' s Access. It is understood and agreed that
Grantee shall have the non-exclusive right to utilize the Easement .
All locks and keys for any building and equipment used by Grantee
shall be provided by Grantee. Grantee shall provide Grantor with
a set of keys to all locks prior to the installation or any change
of locks. Grantor retains the right to enter upon the Easement at
any time for any purpose. Grantor will take all reasonable action
to prevent access to Grantee' s equipment and property by unautho-
rized persons .
1 . 5 Parking Space. the easement shall include the non-
exclusive right to use one (1) motor vehicle parking space in the
Public Works' parking lot, in such parking area as Grantor may
designate.
2 . Uses of Easement.
2 . 1 Permitted Uses . Grantee shall use the Easement
solely for the purpose of constructing, installing, operating,
maintaining and repairing a telecommunications facility and uses
incidental thereto.
2 . 2 Hazardous Substances. Grantee shall not keep, store,
sell or dispose of, on or about the Easement or the Public Works
site, materials which are in any way explosive or hazardous. No
person shall erect any engine, motor or other machinery on the
Public Works site, or use any gas, electricity, inflammable liquid
or charcoal therein, without the prior written approval of Grantor,
which shall not be unreasonably delayed or withheld, but shall take
into account that the Easement is located at the Public Works site.
Grantor hereby consents to such use by Grantee of electrical trans-
formers and equipment as are customary and usual for a telecommuni-
cations facility. Grantor hereby further consents to Grantee' s use
of a temporary portable gasoline or diesel fuel powered backup
generator on the Easement for a period not to exceed ten (10) days .
2 .3 Suitability of Use. Grantee hereby accepts the
Easement "AS IS" (in the condition existing as of the Effective
Date) , subject to all applicable zoning, municipal, county, state
and federal laws and ordinances governing the use of the Easement
and any covenants or restrictions apparent, discoverable or of
record and accepts this Agreement subject thereto and to all matters
disclosed thereby. Grantee acknowledges that neither Grantor nor
its agents have made any representations or warranties as to the
Page 2
present or future suitability of the Easement for the conduct of
Grantee' s business . Grantee also represents and warrants to Grantor
that Grantee has, or by the effective date, will have made such
investigations and taken such due diligence as Grantee deems appro-
priate to evaluate the suitability and lawfulness of the use of the
Easement for Grantee' s purposes . Grantee hereby acknowledges that
the Easement is in a good and safe condition and that Grantee will
maintain the Easement in such condition.
3 . Term.
3 . 1 Easement Term. The term of this Easement Agreement
shall begin on the Commencement Date of February 15, 1997, and shall
expire on the Expiration Date which shall be the date preceding the
5th anniversary of the Commencement Date. Beginning on the Com-
mencement Date, Grantor shall deliver possessionfof the Premises to
Grantee, together with the non-exclusive right for ingress and
egress, seven (7) days a week, twenty-four (24) hours a day, on foot
or motor vehicle, including trucks, and for the installation and
maintenance of utility wires, cables, conduits, and pipes over,
under, or along a twenty (20) foot wide right-of-way and easement
extending from the nearest public right-of-way(s) , Baseline, to the
Premises . Grantor agrees to execute without delay any easement
documents as may be required by any utility company in connection
with Grantee' s use of the Premises .
3 . 2 Easement Fee. Each year during the Easement term,
Grantee shall pay the Easement Fee to the name and address specified
as Grantor' s Easement Fee Payee .
3 .3 Right to Extend. Grantee shall have the right to
extend the term of the Agreement for the Renewal Terms, which shall
be three (3) consecutive periods of five (5) years each, beginning
on the date following the Expiration Date.
Notice of the exercise of the right to extend the
term shall be given by Grantee to Grantor at least six (6) months
before the end of each such period.
3 .4 Easement Fee Amount . Each year during the first
five-year term Grantee shall pay an annual easement fee in the
amount of SIX THOUSAND SIX HUNDRED DOLLARS ($6, 600 . 00) which shall
be due on the Commencement Date and each annual anniversary of the
Cnmm�-nct-Ment Date thereafter'- each year during the first five-year
extension term Grantee shall pay an annual easement fee in the
amount of SEVEN THOUSAND EIGHT HUNDRED DOLLARS ($7, 800 . 00) which
shall be due on the date following the Expiration Date and each
annual anniversary of the date following the Expiration Date there-
after; each year during the second five-year extension term Grantee
shall pay an annual easement fee in the amount of EIGHT THOUSAND
NINE HUNDRED DOLLARS ($8, 900 .00) which shall be due on the date
following the Expiration Date of the first five year extension and
Page 3
each annual anniversary of the date following the Expiration Date
of the first five year extension thereafter; each year during the
third five-year extension term Grantee shall pay an annual easement
fee in the amount of NINE THOUSAND TWO HUNDRED FORTY DOLLARS
($9 , 240 . 00) which shall be due on the date following the Expiration
Date of the second five year extension and each annual anniversary
of the date following the Expiration Date of the second five year
extension thereafter.
4 . Net Payments. Grantor shall receive all payments provided
for hereunder free and clear of any and all deductions, setoffs,
impositions, taxes, liens, charges or expenses of any nature whatso-
ever.
5 . Delinquent Interest . All late payments due to Grantor
from Grantee shall bear interest at the rate of one and one-half
percent (1. 5%) per month from the date due until payment is received
by Grantor.
6 . Utilities and Taxes . All utilities utilized by Grantee
in connection with the Easement shall be separately metered solely
in Grantee' s name. Grantee shall be directly responsible for, and
shall pay when due, all charges for utilities utilized by Grantee.
Grantee shall pay when due any real estate taxes imposed upon
Grantor attributable to real property improvements or personal
property installed by Grantee on Grantor' s property.
7 . Licenses and Permits . Grantee shall be responsible for
obtaining all certificates, licenses, permits and other consents and
approvals that may be required by any federal, state or local
authorities for the use of the Easement and the conduct of its
business . Grantor shall reasonably cooperate with Grantee, but at
no expense to Grantor, in Grantee' s efforts to obtain such approv-
als .
8 . Construction and Maintenance.
8 . 1 Grantee' s Use. Grantee shall use the Premises for
the purpose of constructing, maintaining, and operating a communica-
tions facility and uses incidental thereto (the "Facility" ) consist-
ing of an equipment shelter together with an antenna structure and
necessary connecting appurtenances sufficient to be a fully operable
Facility in its intended licensed communications coverage areas .
The contents of the equipment shelter may include, without limita-
tion, radio transmission and computer equipment, batteries, and
generator equipment. A security fence consistent with the Landscap-
ing Ordinance of the City of Apache Junction will be placed around
the improvements constructed on the premises by Grantee . Grantee
agrees to comply in its construction with the provisions of the
Landscaping Ordinance of the City of Apache Junction with respect
to the premises described herein.
Page 4
In addition, in the event of a natural or man-made
disaster, in order to protect the health and safety of the communi-
ty, Grantee may erect additional telecommunications facilities and
install additional equipment on a temporary basis on the Property
to assure continuation of service.
8 . 2 Maintenance and Repairs. Grantee shall maintain the
Improvements and all equipment installed by Grantee pursuant to this
Agreement so as to be safe, clean, in good repair, and have a neat
appearance. Grantee shall be responsible for all maintenance and
repairs of the Improvements and the equipment installed by Grantee,
at Grantee' s sole expense.
8 . 3 Grantor' s Approval. All Improvements, modifications,
repairs and maintenance shall be constructed, placed and made in a
first-class workmanlike manner, in accordance with plans, specifica-
tions and schedules reviewed and approved in advance and in writing
by Grantor, and shall be coordinated with Grantor and conducted so
as not to create an unsafe or dangerous condition, or unduly inter-
fere with the conduct of any other activities at the Public Works
site. Grantor' s approval of plans, specifications and schedules
shall not be unreasonably delayed or withheld. Grantor agrees that
Grantee' s use of electrical equipment, a monopole, antennas and
related telecommunications equipment customarily used by Grantee
does not in itself constitute "an unsafe or dangerous condition"
that would give Grantor a right to withhold approval under the terms
of this paragraph.
8 .4 Construction Liens . Any workers, material or
mechanic' s lien filed against Grantor' s property, the Public Works
Site and/or the land upon which Public Works is located, for work
claimed to have been done for, or materials claimed to have been
furnished to Grantee, shall be discharged by Grantee, by bond or
otherwise, within twenty (20) days after the filing thereof, at
Grantee' s sole cost and expense .
8 . 5 Personal Property. Grantee shall make proper ar-
rangements for receiving, handling, storage and installation of its
equipment and other personal property. Grantor shall not be liable
for any loss, damage or injury to properties of any kind that are
shipped or otherwise delivered to Public Works or stored in or on
the Easement property. Grantor shall assume no responsibility for
losses suffered by Grantee, or its agents, employees or invitees,
which are occasioned by theft or the disappearance of equipment or
other personal property.
8 . 6 Exculpation. Grantor shall not be liable to Grantee
hereby waives any claim in connection with, or against any other
persons whatsoever, for any damage occasioned by plumbing, gas,
water, steam, sprinkler or other pipe or sewer system, or by the
bursting, running, leaking of any tank, water stand, closet, waste
or other pipes on Grantor' s property or at the Public Works site,
Page 5
or for any damage occasioned by water being upon or coming through
the roof. Grantor shall not be liable for, and Grantee hereby
waives any claim in connection with, any failure to furnish, or any
interruption of water, gas, electricity, hot or cold air, or sewer
system, caused by fire, theft, vandalism, accident, riots, strikes,
wars, labor disputes, equipment breakdown, or other casualties,
including acts of God, to all or any part of the Easement or the
Public Works site, or the making of any repairs or improvements for
causes beyond the control of Grantor. Grantee recognizes that
certain additions, replacements and repairs to the Public Works site
may be made from time to time or at the direction of Grantor, and
agrees that such shall not entitle Grantee to any modification of
the terms of this Agreement, or alter the obligations of Grantee
hereunder; provided, however, that such additions, replacements or
repairs to the Pubic Works site, when completed, shall not material-
ly interfere with Grantee' s signal or other permitted use of the
Easement as described herein.
9 . Indemnification. The following provisions of this Section
8 shall survive the expiration or termination of this Agreement, but
only for these claims arising out of activities or incidents which
occurred while this Agreement was in effect .
9 . 1 Environmental Matters . Grantee shall be solely
responsible for and shall defend, indemnify and hold Grantor, and
its Trustees, officers, employees and agents, harmless from and
against any and all direct claims, costs and liabilities, including
attorneys' fees and costs, arising out of or in connection with
removal, cleanup or restoration of the Easement or the Public Works
site associated with Grantee' s introduction or use of Hazardous
Materials (as defined below) on the Easement or the Public Works
site. Grantor shall be solely responsible for and shall defend,
indemnify and hold Grantee, and its officers, employees and agents,
harmless from and against any and all direct claims, costs and
liabilities, including attorneys' fees and costs, arising out of or
in connection with removal, cleanup or restoration of the Easement
or the Public Works site with respect to Hazardous Materials from
any and all sources other than those Hazardous Materials introduced
or used on the Easement or the Public Works site by Grantee.
"Hazardous Materials" for purposes of this Section 8 . 1 shall mean
asbestos or any hazardous substance, waste or material as defined
in any federal, state or local environmental or safety law or
regulation including, without limitation, the Resource Conservation
and Recovery Act of 1976, as amended, and the Comprehensive Environ-
mental Response, Compensation and Liability Act of 1980, as amended.
9.2 General. Except as provided in -Section 8 . 1, as to
Grantor, and its Trustees, agents, officers and employees, Grantee
hereby waives claims for, and agrees to indemnify, defend and save
each of them harmless from and against, any and all liability, loss,
damage, cost or expense, including, without limitation, defense
costs and attorneys' fees, and claims for damages of any nature
Page 6
whatsoever, including, without limitation, causes of action, suits,
demands or judgments in connection with bodily injury, death,
personal injury, property damage or contractual liability arising
from or due to (i) any breach or default on the part of the Grantee
in the performance of any covenant or agreement hereunder; (ii) any
accident, injury to or death of any person, or damage to or loss of
property, or any other thing occurring in, on or about the Public
Works site or upon adjoining sidewalks, streets or ways, growing out
of, resulting from or arising out of the installation or use of the
equipment and Improvements, or the use and occupancy of the Easement
by Grantee; (iii) any act or omission of Grantee or its officers,
directors, partners, employees, agents, contractors, invitees or any
person for whose conduct Grantee is legally responsible directly or
indirectly; and (iv) any violation by Grantee of any laws affecting
the Public Works site or any part thereof or the ownership, occupan-
cy or use thereof; provided, however, Grantee shall not be liable
to Grantor for such claims or damages as may be due to or caused by
the gross negligence or willful misconduct of Grantor, or its
Trustees, officers, employees or agents .
10 . Insurance.
10 . 1 Liability Insurance. Grantee shall provide and
maintain in full force while this Agreement is in effect, comprehen-
sive general public liability insurance in an amount of at least One
Million Dollars ($1, 000, 000) per occurrence and excess liability (or
"umbrella") insurance of at least Five Million Dollars ($5, 000, 000) ,
in each case with an annual deductible of not to exceed Ten Thousand
Dollars ($10, 000) , written by an insurance company reasonably
satisfactory to Grantor and licensed to do business in Arizona. All
insurance shall specifically identify this Agreement; shall contain
express conditions that Grantor is to be given thirty (30) days'
advance written notice of any cancellation, material adverse modifi-
cation or termination of coverage; shall provide that such insurance
shall not be reduced or eliminated because of any acts of Grantee
or its officers, directors, partners, agents or employees; shall
list Grantor as an additional insured with loss to be adjusted and
paid to Grantor and Grantee as their interests may appear; and shall
provide that such coverage shall be primary and not contributing
with respect to any insurance maintained by Grantor except in the
case of Grantor' s gross negligence or willful misconduct . Any
rights of Grantor under such insurance shall not limit, in any
manner whatsoever, any rights Grantor may have against Grantee under
this Agreement . Grantee shall provide Grantor with Certificates of
Insurance, within thirty (30) days after the effective date first
specified above . If Grantee fails to maintain any required insur-
ance, Grantor may purchase it on Grantee' s behalf, and Grantee shall
upon demand immediately reimburse Grantor for the cost thereof. All
deductibles and premiums associated with such insurance shall be
paid by Grantee.
Page 7
10 . 2 Personal Property Insurance . Grantor assumes no
responsibility for the equipment and other personal property of
Grantee. Grantee shall have the responsibility of maintaining
personal property damage insurance for all its personal property
located on the Easement .
10 . 3 Release of Claims. Grantor and Grantee hereby
mutually release and discharge each other from all claims, liabili-
ties and rights of action arising from or caused by any hazard
covered by insurance on the Easement, or covered by insurance in
connection with personal property on, or activities conducted on,
the Easement, regardless of the cause of the damage or loss; provid-
ed, however, that such release and discharge applies only to the
extent that the injured party is compensated for its losses, claims
and damages from the proceeds of such insurance.
10 .4 Notice. Grantee shall immediately report to Grantor
any possible injury, loss or damage which may be covered by indemni-
fication or either party' s insurance.
11 . Transfer.
11 . 1 By Grantee. Grantee may not assign, mortgage or
encumber any interest herein, without obtaining the prior written
consent of Grantor, which shall not be unreasonably withheld or
delayed; provided, however, that Grantee may assign, mortgage or
encumber an interest herein to an affiliate controlling, controlled
by, or under common control with Grantee provided that Grantor is
first given written notice of the assignment together with the
address of the assignee for purposes of Section 13 of this Agreement
and evidence that the assignee is in compliance with the insurance
requirements of Section 9 . 1 .
11 . 2 By Grantor. Grantor shall have the right to transfer
its fee estate in the Public Works site and assign its interests in
this Agreement, in whole or in part, without limitation and without
notice to or the consent of Grantee; provided, however, that any
such transfer shall be subject to this Agreement . Upon any such
conveyance, Grantor shall automatically be relieved of any obliga-
tions under this Agreement other than those obligations which
accrued prior to the date of such conveyance. Grantor shall also
have the right to mortgage, hypothecate or otherwise pledge its
interest in the Public Works site and this Agreement to the extent
permissible by law.
11 . 3 Subordination. At Grantor' s option, this Agreement
shall be subordinate to any deed of trust or mortgage ("Mortgage")
by Grantor which from time to time may encumber all or part of the
Easement; provided, however, every such Mortgage shall recognize the
validity of this Agreement and Grantee' s rights hereunder in the
event of a foreclosure of Grantor' s interest as long as Grantee is
not in default hereunder. Grantee shall execute whatever instru-
Page 8
ments may reasonably be required to evidence this subordination
clause.
12 . Termination.
12 . 1 Breach. Grantor may terminate this Easement upon any
material breach hereof by Grantee which remains uncured for sixty
(60) days after Grantor has notified Grantee of such default, unless
cure of such breach shall be commenced and diligently pursued by
Grantee within the sixty (60) day period and continued diligently
until such cure is completed, but in no event to exceed a total cure
period of ninety (90) days from the notice of default .
12 .2 Voluntary Termination by Grantee. Grantee shall have
the right to terminate this Agreement at any time without cause,
upon written notice- to Grantor.
12 .3 Conflict of Interest . Grantee acknowledges that
Grantor has the statutory right for three (3) years under A.R.S .
§38-511 to cancel this Agreement if, while this Agreement or any
renewal is in effect, any person significantly involved in negotiat-
ing, drafting or securing this Agreement on behalf of Grantor is (i)
an employee or agent of Grantee in any capacity, or (ii) a consul-
tant to Grantee with respect to the subject matter of this Agree-
ment .
12 .4 Restoration. Upon the expiration or termination of
this Agreement, for default or otherwise, Grantee shall : (i) within
a reasonable period, not to exceed ninety (90) days, remove its
electrical equipment and other personal property and fixtures, and
restore Grantor' s real property to its original condition, subject
to reasonable wear and tear and such real property Improvements as
Grantor notifies Grantee in writing are to remain, all of which
shall be and remain the property of Grantor, and peaceably and
quietly surrender Grantor' s property to Grantor; and (ii) immediate-
ly provide Grantor with a recordable Quit Claim Deed releasing and
terminating all of Grantee' s rights and interests hereunder and
under the recorded Memorandum of Easement .
12 .5 Continuing Obligations . Upon the expiration or
termination of this Agreement, for default or otherwise, (i) none
of the money paid by Grantee to Grantor shall be refundable under
any circumstances; and (ii) this Agreement shall terminate, and the
parties shall have no further rights or obligations hereunder except
that the obligations and rights of the parties regarding payments
owed and indemnification for the period this Agreement was in
effect, and the restoration of Grantor' s property, shall survive.
13 . Notices. Any notice required or permitted under the terms
of this Agreement or otherwise shall be deemed sufficiently given
or served if in writing three (3) days after being deposited for
mailing by United States certified mail, return receipt requested,
Page 9
postage prepaid, addressed as follows (or any other address that the
party to be notified may have designated to the sender by like
notice) :
GRANTEE: U. S . West NewVector Group, Inc .
3350 161st Avenue S .E.
Bellevue, WA 98008-1329
Attn: Real Estate Dept . M/S 223
GRANTOR: City of Apache Junction
1001 North Idaho Road
Apache Junction, AZ 85219
Attn: City Manager
14 . Attorneys' Fees. In the event that either party hereto
shall institute suit to enforce any rights hereunder, the prevailing
party shall be entitled to recover its court costs and reasonable
attorneys' fees, which award of attorneys' fees shall be made by the
court and not by the jury or trier of fact . Upon appeal, the
prevailing party shall be entitled to recovery of its court costs
and reasonable attorneys' fees incurred as a result of such appeal .
15 . Covenants of Grantor. Grantor hereby represents and
covenants to Grantee that Grantor is seized of good and sufficient
title and interest in the property upon which the Easement is
located, and has full authority to enter into and execute this
Agreement .
16 . Covenants of Grantee. Grantee hereby represents and
covenants to Grantor as follows :
16 . 1 Good Standing. Grantee is in full compliance with
its organizational documents, qualified to do business in Arizona
and in good standing under Arizona law.
16 . 2 Authorization. The execution, delivery and perfor-
mance of this Agreement has been duly authorized by Grantee.
16 . 3 Compliance with Law. Grantee will conduct its
business in full compliance with all applicable laws, regulations
and ordinances, and shall permit all requested inspections by
appropriate governmental authorities. Grantee and its employees and
agents will at all time have all insurance, licenses and permits
legally required for the conduct of its business .
17 . Governing Law. This Agreement and the performance hereof
shall be governed, interpreted, construed and regulated by Arizona
law. Any litigation relating to this Agreement shall be conducted
in Pinal county, Arizona, and grantee hereby waives all questions
of personal jurisdiction and consents to jurisdiction and venue in
Pinal County, Arizona, for this purpose. Grantor acknowledges that
Page 10
it is subject to statutory, mandatory arbitration as provided in
A.R.S . 912-133 (A) (2) .
18 . Interpretation.
18 . 1 Approval . This Agreement shall not become effective
until approved by the Governing Board of Grantor. Any approvals
from Grantor required or permitted under the terms of this Agreement
must be in writing and signed on behalf of Grantor by its Assistant
Superintendent for Business Services .
18 .2 Relationship of Parties . The relationship of the
parties hereto is solely that of grantor/grantee of an interest in
real estate, and it is expressly understood and agreed that Grantor
does not in any way nor for any purpose become a partner of Grantee
or a joint venturer with Grantee in the conduct of Grantee' s busi-
ness or otherwise. This Agreement is not intended, and shall not
be construed, to create the relationship of agent, servant, employ-
ee, partnership, joint venture or association as between Grantor and
Grantee.
18 . 3 Entire Agreement . This Agreement, and the Exhibits
attached hereto, each of which is hereby expressly incorporated
herein by this reference, contain all of the agreements, promises
and understandings between the parties with respect to the subjects
hereof, and supersede all prior negotiations and agreements .
18 .4 Amendment . this Agreement may be amended only by an
instrument in writing signed by the parties . The waiver of any
breach of this Agreement shall not be deemed to amend this Agreement
and shall not constitute the waiver of any other or subsequent
breach.
18 . 5 Headings. Paragraph heading are for convenience and
shall not affect interpretation.
18 . 6 Number and Gender. The terms of this Agreement shall
apply to whatever number or gender is appropriate to Grantee.
18 . 7 Severability. If any provision of this Agreement
shall be declared invalid or unenforceable, that provision shall be
deemed modified to the extent necessary to make it valid and en-
forceable, or if it cannot be so modified, then severed, and the
modified or remaining provisions shall remain in full force and
effect.
18 . 8 Successors. This agreement shall extend to and bind
the permitted successors and assigns of the parties hereto.
18 . 9 Counterparts . This agreement may be executed in
counterparts, which together shall constitute a single instrument .
Page 11
IN WITNESS WHEREOF, the parties have executed this Easement
Agreement as of the date specified above.
GRANTOR: GRANTEE:
City of Apache Junction
1001 North Idaho Road
Apache Junc ' on, AZ 85219
By: B
Its : City Manager Its :
86-0358590
SR.DIRECTOR NETWORK ENGINEERINGVERATIONS
Taxpayer ID Number
ACKNOWLEDGEMENT
STATE OF ARIZONA )
ss .
County of Pinal )
The foregoing instrument was acknowledged before me thist�sF
day of --Z),e_ce ,., 6Pr , 1996, by Cure 4 , SWt)6K , who
acknowledged himself/herself to be the City Manager of the City of
Apache Junction, Pinal County, a municipal corporation of the State
of Arizona.
Notary Publ ' _
My Commission Expires:
Niy CommisSja1i L;xjl"es ZUUQ
ACKNOWLEDGEMENT
STATE OF )
ss .
County of )
The foregoing instrument was ac owledg�d,�,before me this
day of "g4 L , 1991, by I g AEUW who
acknowledged himse / erself to be the
Notary Pu c
My Commission Expires :
OFFICIAL SE AL JENNIFER 8.SEDIL LO/�iq!ql fkb
na
MR�N UNTY my Ca RWM B*ft Nw.It.1W
Page 12
i
ATTEST:
Kathleen Connelly, C' y Clerk
APPROV S TO
FO CO �:
Gle J. Gi ut, City Attorney
Page 12
EXHIBIT A
PHO Apache
Pagel of 2
�° Existing Driveway
Utilities Easement Area
CO
Baseline Avenue
u u
u n
u n
u u
n u n
20'Wide
Access
Existing Easement to
Building R.O.W.
Tq
ii
u n „ 33'
u u
u u
u n 30'
n u
u u
Existing Fence Line
Demised Premises
Not to Scale
EXHIBIT A
PHO Apache
Page2 of 2
A portion of the NW4 of the NE4 and the NE4 of the NW4 of Section 4, T1S,RBE, of the
G&SRB&M,Pinal County, Arizona,being more particularly described as follows:
A portion of the parcel of land commencing at the North Quarter Corner of said
Section 4, the Point of Beginning, which bears DUE EAST (Assumed), a distance of
2,643.07 feet to the Northeast Section Corner of said Section 4;
thence DUE EAST, a distance of 115.52 feet;
thence South 44 degrees 02 minutes 18 seconds West, a distance of 185.63 feet;
thence South 23 degrees 59 minutes 05 seconds West, a distance of 93.33 feet;
thence South 49 degrees 27 minutes 02 seconds West, a distance of 273.75 feet;
thence South 77 degrees 53 minutes 11 seconds West, a distance of 13 7.10 feet;
thence South 44 degrees 08 minutes 49 seconds West, a distance of 222.76 feet;
thence South 61 degrees 12 minutes 40 seconds West, a distance of 87.45feet;
thence South 64 degrees 00 minutes 15 seconds West, a distance of 149.03 feet;
thence South 46 degrees 14 minutes 40 seconds West, a distance of 188.61 feet;
thence South 82 degrees 51 minutes 41 seconds West, a distance of 242.10 feet;
thence North 84 degrees 03 minutes 21 seconds West, a distance of 480.88 feet;
thence North 15 degrees 32 minutes 57 seconds West, a distance o£45.54 feet;
thence North 09 degrees 09 minutes 04 seconds East, a distance of 68.71 feet;
thence North 32 degrees 48 minutes 00 seconds East, a distance of 73.54 feet;
thence North 12 degrees 43 minutes 44 seconds East, a distance of 88.13 feet;
thence North 21 degrees 22 minutes 42 seconds East, a distance of 72.47 feet;
thence North 40 degrees 53 minutes 15 seconds East, a distance of 40.23 feet;
thence North 14 degrees 10 minutes 10 seconds East, a distance of 84.58 feet;
thence North 42 degrees 01 minutes 36 seconds East, a distance of 130.00 feet;
thence North 19 degrees 16 minutes 55 seconds East, a distance of 91.44 feet;
thence North 27 degrees 47 minutes 33 seconds East, a distance of 204.79 feet;
point bears DUE WEST, a distance of 1,373.22 feet to the Northwest Section Co5mer of
said Section 4; thence DUE EAST along the north section line of said Section 4, a
distance of 1,269.85 feet to the Point of Beginning, containing 21.4750 acres more or
less.
When recorded return to:
Richard Joel Stern, Esq.
Apache Junction City Attorney
300 East Superstition Blvd.
Apache Junction, AZ 85219
FIRST AMENDMENT TO EASEMENT AGREEMENT
FOR VERIZON TELECOMMUNICATIONS FACILITY
[BASELINE LOCATION]
This AGREEMENT is made this day of , 2007, between the CITY
OF APACHE JUNCTION, an Arizona municipal corporation ("Grantor") and
VERIZON WIRELESS (VAW), L.L.C. as successor-in-interest to WEST NEWVECTOR
GROUP, INC., a Colorado corporation, d/b/a VERIZON WIRELESS ("Grantee"),
collectively referred to as the "Parties" or individually referred to as the "Party," for
this First Amendment to Easement Agreement for Verizon Telecommunications
Facility [Baseline Location], the "Agreement."
RECITALS
WHEREAS, Grantor is the owner of real property located at 575 E. Baseline
Road, in the City of Apache Junction, Pinal County, State of Arizona (the
"Property"); and
WHEREAS, Grantee acquired Grantor's permission to access and use an
easement over and across a portion of the Property in an Easement Agreement
between the Parties originally entered on December 17, 1996 (the "Original
Agreement"); and
WHEREAS, Grantee desires to improve the wireless phone and internet
coverage in the proximity of the Property by replacing the old antennas with new
wireless antennas; and
WHEREAS, Grantee plans to replace nine (9) of the existing (12) antennas
with new antennas and leave one existing antenna per sector on the existing
communications tower on the Property (the "Tower") as depicted in the overall site
plan, enlarged site plan, and site elevations attached to this agreement as Exhibit
A (the "Improvements"); and
WHEREAS, Section 8.3 of the Original Agreement requires Grantor's written
approval for all improvement plans, specifications and schedules.
AGREEMENT
NOW, THEREFORE, Grantor agrees to permit Grantee to perform the
Improvements to the Tower, consistent with the terms and conditions agreed by
the Parties as follows:
1. Grantee shall have the right to complete the Improvements,
along with all necessary modifications, repairs, and
maintenance to the Tower in accordance with the plans,
specifications and schedules set forth in Exhibit A attached
hereto.
2. All other terms and provisions of the Original Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed
their respective seals the day and year first above written.
GRANTEE:
VERIZON WIRELESS (VAW), L.L.C.,
d/b/a VERIZON WIRELESS
By:
Its:
GRANTOR:
CITY OF APACHE JUNCTION, an
Arizona municipal corporation
By: George Hoffman
Its: City Manager
APPROVED AS TO FORM:
Richard J. Stern, City Attorney
2
EXHIBIT A
' clDamiano & Long
—.Wting Engine.ia
4645 EAST COTTON CENTER BLVD.
BUILDING 2, SUITE 171
PHOENIX,AZ.85040
TEL(602) 604-9338 FAX(602)604-9301
SCHOOR DEPALMA
EXISTING VERIZON WIRELESS A division of ® Engineers and Design Professionals
20'-0" WIDE ACCESS
EASEMENT FROM NEW LEASE
AREA TO P.R.O.W. AT
BASELINE ROAD BASELINE ROAD EXISTING VERIZON WIRELESS
8'-0" WIDE ACCESS UTILITY •
vrer'Lonwireiess
� EXISTING PROPERTY LINE
126 W. GEMINI DR.
\000�
TEMPE, AZ 85283
20,-0 99 DRAWING APPROVALS
G
Z
W
. ;I r1H ❑/H ❑/H c❑ H ❑/H ❑/H ❑/H SITE
c
PRO ERTTY�SITION/
X X
W
CONSTRUCTION
MANAGER:
W �
c
VERIZON WIRELESS
RF ENGINEER:
APN# 104-07-003 � ExISTING 6'-0" HIGH
W ZONING: GR CHAN LINK FENCE S�GNATURES
SCHEDULE OF REVISIONS
c
7
W EDGE OF PAVEMENT EXISTING (2) GATES 6
5
L J 4
3
J 2
EXISTING ASPHALT
PARKING 1 03/23/07 REVISED PER VZW REDLINES
0 03101107 90% ZD'S FOR REVIEW
NO.. DATE DESCRIPTION OF CHANGES
EDGE OF PAVEMENT DRAWN BY: GR CHECKED BY: JC
x
D&L
SCALE: 1"=20'-O" JOB NO: 070267601
PROJECT NAME:
SITE NAME:
EXISTING BUILDING
20' 0" P H O
APACH E
725 E. BASELINE
APACHE JUNCTION, AZ
x
ENGINEERING SEAL:
EDGE OF PAVEMENT
EXISTING 6'-0" 4kll� °�I,
HIGH CHAN LINK x EXISTING SITE EASEMENT A G
FENCE °R140,6,�sj
°° °tom
► q<
99
25,_0 7
1 1 ti
Z-2 ❑❑ 1 DRAWING TITLE:
1 9' oy
1^ 1
1 ,t
1 OVERALL SITE PLAN
9 1
�GP. DRAWING SHEET:
x r_
21 - 10.40
"
ED
1
OVERALL SITE FLAN
SCALE: 1"=20'-0"
01 1 0' 20' 40' LANDLORD APPROVAL
TRUE PROPOSED VERIZON WIRELESS ANTENNA
NORTH PROPOSED VERIZON WIRELESS Damiano & Long
EXISTING VERIZON WIRELESS ANTENNAS MAGNETIC (MODEL# ANTES BXA- 185063/12CF) ANTENNA (MODEL# ANTES C—Lddn6 Env—
�i =10 -A
(4) ANTENNAS AT ALPHA SECTOR NORTH LPA-80063/8CF) KEEP ( 1 ) EXISTING 4645 EAST COTTON CENTER BLVD.
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DRAWING APPROVALS
PROPOSED VERIZON
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MUMMA 1 03/23/07 REVISED PER VZW REDLINES
0' 1 ' 2' 4' 0' 2' 4' 8'
0 03101107 90% ZD'S FOR REVIEW
REV. DATE DESCRIPTION OF CHANGES
NO.
EXISTING VERIZON DRAWN BY: GR CHECKED BY: JC
WIRELESS 2 0'—0" WIDE SCALE: VARIES JOB NO: 070267601
X ACCESS/UTILITY EXISTING PAIR 8'-0"
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SITE NAME:
HIGH WITH HASP AND
EXISTING ELECTRICAL X PADLOCK PHO
TRANSFORMER \/
APACHE
725 E. BASELINE
APACHE JUNCTION, AZ
ENGINEERING SEAL:
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EXISTING EQUIPMENT SHELTER EXISTING VERIZON WIRELESS IVY
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DRAWING TITLE:
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LANDLORD APPROVAL
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EXISTING VERIZON WIRELESS rr, REMOVED AND REPLACED W/ NEW ANTENNAS, (4) ANTENNAS
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EXISTING AC UNITS o CD o EQUIPMENT SHELTER 0 o MANAGER:
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PADLOCK CD CD C.M.U. WALL o RF ENGINEER:
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FINISH GRADE FINISH GRADE FINISH GRADE —
s
5
4
3
2
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SCALE: 1 /8 — I -O SCALE: I /8 — I -O (:D SCALE: 1 /8 — I -O D 03/01107 goy zo'S FOR REviEw
01 41 81 01 41 81 01 41 51 REV.
DATE DESCRIPTION OF CHANGES
NO.
DRAWN BY: GR CHECKED BY: JC
D$L
'-0"
PROPOSED VERIZON PROPOSED VERIZON PROPOSED VLRIZON SCALE: 1/8"=1 JOB NO: 070267601
EXISTING VERIZON WIRELESS ANTENNAS EXISTING VERIZON WIRELESS ANTENNAS EXISTING VERIZON WIRELESS ANTENNAS PROJECT NAME:
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PHO
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725 E. BASELINE
APACHE JUNCTION, AZ
PROPOSED NEW
PROPOSED NEW z z PROPOSED NEW z
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w w EQUIPMENT SHELTER LILT EQUIPMENT SHELTER
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EQUIPMENT SHELTER z � z � z �
oN o oN EXISTING 8' 0" HIGH o EXISTING 8' 0" HIGH
� o � o C.M.U. WALL w o C.M.U. WALL
EXISTING AC UNITS > o > o EXISTING VERIZON WIRELESS GPS > o SITE ELEVATIONS
z z z z ANTENNA MOUNTED TO SHELTER z z EXISTING VERIZON
EXISTING PAIR 8'-0" Q Q Q WIRELESS GPS
WIDE GATES X 8'-0" x x x ANTENNA MOUNTED
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PADLOCK O O O DRAWING SHEET:
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uo
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FINISH GRADE FINISH GRADE FINISH GRADE
NORTHE\/A-flON ALPHA- PROPOSED EAST ELEVATION (BETA-PROPOSED) WEST AT ION G AMMA- PROPOSED
SCALE: I /8 - I -O SCALE: 1 /8 - 1 -0 SCALE: I /8 — I —O LANDLORD APPROVAL
01 41 81 01 41 81 01 41 81