HomeMy WebLinkAboutResolution 2005-063 law enforcement grant agreement with the AATA
MARANA RESOLUTION NO. 2005-63
RELATING TO THE POLICE DEPARTMENT; AUTHORIZING THE EXECUTION OF A
LAW ENFORCEMENT GRANT AGREEMENT WIlli THE ARIZONA AUTOMOBILE
THEFT ADmORITY(AATA).
WHEREAS, the Arizona Automobile Theft Authority (AATA) provides grants to local
governments for supporting efforts in vehicle theft enforcement and investigation; and
WHEREAS, the Arizona Automobile Theft Authority (AATA) approved a grant in the
amount of$5,978 to be awarded to the Town upon receipt of the completed contract; and
WHEREAS, the Mayor and Council of the Town of Maran a feel it is in the best interests
of the public to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the grant agreement between the Town of Marana and
the AATA, attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of
Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of this grant.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, tbis 7th day ofJune, 2005. 1/ -i/-WLf "'--
Mayor Ed Honea
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ARIZONA AUTOMOBILE THEFT AUTHORITY
GRANT AGREEMENT
2005/2006 LAW ENFORCEMENT GRANT
This Agreement is made this effective 1 st day of July 2005, by and between the Arizona
Automobile Theft Authority, hereinafter referred to as the AA T A, and the City of
Marana Police Department, (Grant # LE 06006) hereinafter referred to as the
GRANTEE. The AA T A enters into this agreement pursuant to its authority under the
provision of A.R.S. §41-3451 and having satisfied itself as to the qualifications of the
GRANTEE.
NOW, THEREFORE, it is agreed between the parties as follows:
1. This agreement will commence on July 1,2005, and terminate on June 30,
2006. This agreement is subject to cancellation pursuant to the provision of
A.R.S. §38-511. This AATA grant expires at the end of the agreement period,
unless prior written approval for an extension has been obtained from the AA T A.
The GRANTEE agrees to return all unexpended funds to the AA T A within 60
days of the expiration date ofthis grant or within 60 days of termination of this
grant should termination occur prior to original expiration date.
2. Grant funds are intended to be used exclusively for approved
expenditures related to vehicle theft enforcement. Grant funds will not
be used to supplant Federal, State, County, or local funds that would
otherwise be made available to the GRANTEE for law enforcement
purposes. Grant funds that are distributed pursuant to this agreement are
not to be expended for any indirect costs incurred by the GRANTEE for
the administration of this grant. The GRANTEE should to the extent
possible, and practicable, share law enforcement information with other
authorized criminal justice agencies.
3. If equipment is valued over $1,000, the AATA requires the GRANTEE to
record and report performance data and impact on vehicle theft in its
jurisdiction for five years or the useful life of the equipment, whichever is
less. In addition, the GRANTEE will own the equipment awarded through
the grant and will be responsible for maintaining the equipment in good
working order.
To the extent appropriate and practical, the Grantee will share
equipment purchased with AA T A grant funds with other law
enforcement agencies in the area.
4. The GRANTEE shall operate in a manner consistent with, and in
compliance with, the provisions and stipulations of the approved AA T A
grant application letter and this agreement. If the AA T A finds non-
compliance, the GRANTEE will receive a formal written notice that
identifies the area of non-compliance and the appropriate corrective action
to be taken. If the GRANTEE does not respond within thirty (30) calendar
days to this notice, and does not provide sufficient information concerning
the steps that are being taken to correct the problem, the AA T A may
suspend funding or permanently terminate the agreement or revoke the
grant. Any deviation or failure to comply with the purposes and/or
conditions of this agreement without written permission from the AA T A
may constitute sufficient reason for the AA T A to terminate the agreement.
The revocation of the grant will require the return of all unspent funds,
require that an audit of expended funds be performed at GRANTEE'S
expense. It will also require the return of any previously expended funds
that may have been spent in violation ofthe purPoses and conditions ofthe
grant.
5. Pursuant to A.R.S. § 38-511, the state, its political subdivisions or any
department or agency of either may, within three years after its execution,
cancel any contract, without penalty or further obligation, made by the
state, its political subdivisions, or any of the departments or agencies of
either if any person significantly involved in initiating, negotiating,
securing, drafting or creating the contract on behalf of the state, its
political subdivisions or any of the departments or agencies of either is, at
any time while the contract or any extension of the contract is in effect, an
employee or agent 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 of the contract. A cancellation made pursuant to this provision
shall be effective when the GRANTEE receives written notice of the
cancellation unless the notice specifies a later time.
6. This Contract shall be governed and interpreted by the laws of the State of
Arizona, including the Arizona Procurement Code (A.R.S. §§ 41-2501, et
seq. and the administrative rules promulgated thereunder (A.A.C. R2-7-
901, et seq.)
7. The parties to this Contract agree to resolve all disputes arising out of or
relating to this Contract through arbitration, after exhausting applicable
administrative review, to the extent required by A.R.S. § 12-1518 except
as may be required by other applicable statutes.
8. Requests for budget adjustments and/or reprogramming must be submitted
in advance and in writing to the AA T A.
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APPROVED GRANT REQUEST:
1. Police Overtime Law Enforcement Grants
2. Night Vision Binoculars
$ 5,000.00
$ 978.00
Total Award $ 5,978.00
GRANT APPROVED ITEMS:
Grant award is to fund overtime for additional vehicle theft investigations and
night vision binoculars
9. GENERAL PERFORMANCE MEASURES
The following will be reported to on June 30, 2006
A) Track and report total number of stolen vehicles reported to
agency/current year to date compared to same period in previous year.
B) Track and report total number of stolen vehicles recovered by
agency/current year to date compared to same period in previous year.
C) Track and report total number of suspects arrested for vehicle theft.
10. AGENCY SPECIFIC PERFORMANCE MEASURES
The following information will be reported on a quarterly basis in
accordance with Section 11 of this agreement using a format provided by
the AATA:
A) Description of grant activities, status and/or progress of the grant
funded project during the quarter,
B) If applicable, report on effectiveness and statistics of bait car systems
funded by AA T A, i.e. number of bait cars deployed, number of arrests,
etc.,
C) Description of the how other equipment purchased with AA T A grant
funds has assisted in increasing the effectiveness of auto theft
enforcement in the department,
D) Quarterly financial updates,
E) The final report due on July 31, 2006 will include an evaluation of the
success of grant project in curtailing current and future vehicle theft in
the jurisdiction.
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11. The GRANTEE agrees to submit quarterly financial and performance
reports to the AATA, documenting the activities supported by the AATA
grant funds and providing an assessment ofthe impact of those activities on
the criminal justice system. The reports shall be submitted according to the
following schedule.
Reportin2 Period
Due Date
July 1, 2005 -September 30, 2005
October 1, 2005 - December 31, 2005
January 1,2006 - March 31,2006
April 1, 2006- June 30,2006
October 31, 2005
January 31,2006
April 30, 2006
July 31,2006
12. The GRANTEE agrees that it will provide accounting, auditing, and
monitoring procedures to safeguard AA T A grant funds and keep such
records to assure proper fiscal controls, management, and the efficient
disbursement of AATA grant funds.
13. Pursuant to the provisions of AR.S. §35-214 and AR.S. §35-215,
GRANTEE shall retain all books, account reports, files, and other records
relating to this agreement and performance of this agreement for a period of
five (5) years after the completion of this agreement. All such documents
shall be subject to inspection and audit at reasonable times.
14. The GRANTEE agrees to comply with the financial and administrative
requirements set forth in this agreement and to comply with the
organizational audit requirements ofOMB Circular A-128, Audits of State
and Local Governments. The GRANTEE agrees to account for the interest
earned on AATA grant funds, use interest only for the purpose of paying
AA T A approved grant expenditures, and shall remit interest earned to the
AATA within 60 days of the expiration of this grant, unless a prior written
request justifying the use of such funds is submitted and approved by the
15. This agreement may be modified only by a written amendment signed by
persons duly authorized to enter into agreements on behalf of the AA T A and
GRANTEE. Any notice given pursuant to this agreement shall be in writing
and shall be considered to have been given when actually received by the
following addressees or their agents or employees.
If to the AATA:
GRANT MANAGER- LAW ENFORCMENT GRANT PROGRAM
ARIZONA AUTOMOBILE THEFT AUTHORITY
1400 W. Washington Street, Suite 270
Phoenix, Arizona 85007
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If to the GRANTEE:
City of Marana Police Department
11555 W. Civic Center Drive
Marana, Arizona 85653
Attn: Criminal Investigations Unit Sergeant Tim Brunenkant
16. The GRANTEE agrees that it will comply with applicable
nondiscrimination requirements of AR.S. §41-1463, applicable State and
Federal civil rights laws, and Executive Order 99-4 which mandates that all
persons, regardless of race, color, religion, sex, age, national origin or
political affiliation shall have equal access to employment opportunities, and
al other applicable State and Federal employment laws, rules, and
regulations, including the Americans with Disabilities Act. The GRANTEE
shall take affirmative action to ensure that applicants for employment and
employees are not discriminated against due to race, creed, color, religion,
sex, national origin or disability.
17. The GRANTEE agrees that in the event that a Federal or State court, or
Federal or State administrative agency, after a due process hearing, makes a
finding of discrimination on the grounds of race, color, religion, national
origin, sex, age, or handicap against the GRANTEE regarding the program
or activities supported by this grant, the GRANTEE will forward a copy of
such findings to the AA T A
18. The GRANTEE certifies it will comply with the Drug-Free Workplace Act
of 1988 as delineated in 28 CFRPart 67, Subpart F, for grantees, as defined
in 28 CFR Part 67 Sections 67.615 and 67.620.
19. The GRANTEE and the AATA agree to use arbitration in the event of
disputes in accordance with the provisions of AR.S. §12-1501 et seq.
20. The laws of the State of Arizona apply to questions arising under this
agreement and any litigation regarding this agreement must be maintained in
Arizona courts, except as provided in paragraph 14 of this agreement
pertaining to disputes that are subject to arbitration.
21. The GRANTEE agrees that it is acting as an independent contractor and
agrees to hold the AA T A harmless from the actions of the GRANTEE AND
GRANTEE'S employees.
22. No right or interest in this agreement shall be assigned by GRANTEE
without prior written approval of the AA T A. No delegation of any duty of
GRANTEE shall be made without the prior written approval of the AATA
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IN WITNESS WHEREOF, the parties have made and executed this agreement
the day and year first above written.
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FOR THE ARIZONA AUTOMOBILE THEFT AUTHORITY:
Date:
Executive Director
Arizona Auto Theft Authority
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