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HomeMy WebLinkAboutResolution 2005-113 law enforcement grant agreement with AZDPS MARANA RESOLUTION NO. 2005-113 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LAW ENFORCEMENT GRANT AGREEMENT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY(AZDPS). WHEREAS, the Arizona Department of Public Safety (AZDPS) provides grants to local governments from the Criminal Justice Enhancement Fund to enhance the police department's efforts and abilities to reduce the incidents of commercial and residential burglaries as well as other criminal activities; and WHEREAS, the AZDPS approved a grant in the amount of $26,704 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 AZDPS, 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, this 6th day of September, 2005. tf~ Mayor Ed Honea ATTEST: AZOPScjefGrant 9/6/2005 DPS CONTRACT NO. 2.00 5 ~ L?..2 Marana PO CJEF 2006-013 ARIZONA DEPARTMENT OF PUBLIC SAFETY CRIMINAL JUSTICE ENHANCEMENT FUND (CJEF) AWARD AGREEMENT This agreement is made under the authority of A.R.S. 41-2401 et seq. andArizonaAdministrative Rules R1 0-4 Article 3. This agreement must be approved by the Marana City/Town Council and a copy of that approval must be provided to the Arizona Department of Public Safety. GRANTEE Agency: Marana Police Department Agency Head: Richard Vidaurri, Chief of Police Contact: Lt. Paul Ashcraft Address: 11555 W. Civic Center Dr. Bldg B City: Marana, Arizona 85653 AWARD AMOUNT $26,704.00 BEGIN DATE July 1, 2005 STATUTORY PURPOSE(S): END DATE June 30, 2006 [X] Prevent residentiaVcommercial burglaries [ ] Control street crime [ ] Locate missing children PROJECT TITLE AND DESCRIPTION: "BURGLARY REDUCTION PROGRAM" The agency shall purchase and implement the use of equipment identified in the budget section ofthis contract as well as any overtime funds identified to enhance the police department's efforts and abilities to reduce the incidents of commercial & residential burglaries as well as other criminal activities. The Department of Public Safety agrees to pay the grantee the above shown sum from the Criminal Justice Enhancement Fund (CJEF) subject to the conditions provided herein. GENERAL CONDITIONS: 1. That the Criminal Justice Enhancement Fund (CJEF) monies will not be used to supplant state or local funds; 2. To expend the CJEF monies only for the purpose(s) stated above and in the budget categories and for the specific items shown in the approved budget; 3. To reimburse the Arizona Department of Public Safety for any unauthorized or ineligible expenditures; 4. To provide proper accounting and monitoring procedures to ensure fiscal control and efficient management of the funds, including interest earned; Exhibit 'A' to Marana Resolution No. 2005-113 Marana PO CJEF 2006-013 5. To maintain proper accounting and monitoring procedures and methods concerning the use of and expenditure of any and all UndercoverlInformant Monies, using U.S. DEA guidelines; 6. To return to DPS all unused interest earned, recovered currency (by court action), or case expense reimbursement directly relating to the CJEF grant; 7. To provide detailed quarterly financial and project reports to the Arizona Department of Public Safety in the manner prescribed by the Arizona Department of Public Safety within 30 days after the end of the quarter and/or project; Ute, informant funds require reporting on how information generated arrests. 8. To provide a detailed and complete final project report within sixty days of the project end date in the manner proscribed by the Arizona Department of Public Safety; 9. That this agreement is subject to cancellation by the Governor for conflicts of interest pursuant to A.R.S.38-511; 10. To abide by the non-discrimination requirements of Executive Order 99-4 (enclosed); 11. That the grantee is acting as an independent contractor and will indemnify and hold the Arizona Department of Public Safety harmless for the actions ofthe grantee's employees; 12. To use arbitration, after exhausting administrative reviews, to resolve disputes arising out of this agreement where the sole relief sought is monetary damages of 10,000 dollars or less; 13. That there are no promises or requirements other than those expressly stated in writing and signed by both parties hereto; 14. That requests for changes to this agreement shall be in writing and amendments to this agreement shall be in writing; 15. That this agreement is subject to termination by the Arizona Department of Public Safety for a lack of funds or reasonable grounds to believe the grantee has violated the terms of this agreement. Such notice of termination shall be in writing. The grantee agrees to return all remaining grant funds within thirty days of such notice of termination; 16. That this agreement may be canceled by the grantee upon written notice to Arizona Department of Public Safety and any unexpended CJEF funds shall be returned to the Arizona Department of Public Safety; 17. To retain all grant records and supporting documentation for a period of five years after project completion and make all records available for inspection and audit by the State upon request; 18. That all overtime funded by CJEF will be paid out at a rate not to exceed 1.5 times the normal rate of pay; 19.Property and/or cash forfeited under the R.LC.O. statute is not considered project revenue and should not be reverted to the Arizona Department of Public Safety. Marana PO CJEF 2006-013 APPROVED BUDGET Overtime $15,000. Police Package Bicycles (4) & accessories $4,904. Night Vision Goggles $2,000. Motorola Portable Radios (2) $4,800. TOTAL $26,704 PAYMENT SCHEDULE Payment will be made in one installment(s) following contract approval. For The Department of Public Safety: R~&P Legal Section For the Grantee: Ed Honea Typed name ~,JlJ\; 71 12./05 Assistant Attomey General Approved as to Form Mayor Tnre ~ Signature ff1' 9 /b/~(jU5 Date: P-H~ Date Marana PO CJEF 2006-013 EXECUTIVE ORDERS PROHmITION OF DISCRIMINATION IN CONTRACTS -NONDIS- CRIMINA TION IN EMPLOYMENT BY GOVERNMENT CON- TRACTORS AND SUBCONTRACTORS EXECUTIVE ORDER 99-4 Amending 75-5 _l,Jane Dee.Hull, underl!ndJ~y_yirtu~ o(_th~au.1horhyyested in me as Governor QLthe_State.j)f . Arizona by the Constitution and Statutes of the State of Arizona do Order and direct: PART I--Nondiscrimination in employment by government contractors and subcontractors. All government contracting agencies shall include in every government contract Hereinafter entered into the following provisions: During the performance of this contract, the contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, age, color, religion, sex or national origin. The contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, age, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. A continued Executive Order No. 75-5 is hereby amended to permit government contractors and subcontractors that are religious organizations to provide employment preferences based upon religion when dealing with a bona fide occupational qualification reasonable necessary to the operation of the religious organization, in accordance with the requirements of Title 41, chapter 9, article 4, Arizona Revised Statutes. Executive Order No. 75-5 prohibits all government contractors and subcontractors from discriminating against any employee or applicant for employment because of race, age, color religion, sex or national origin. Executive Order No 75-5 further requires all government contractors and subcontractors to take affirmative action to insure that applicants are employed and employees are treated during employment without regard to their race, age, color, religion, sex or national origin. Arizona's Civil Rights Act, Title 41, chapter 9, article 4, does not apply to religious organizations with respect to the employment of individuals of a particular religion to perform work connected with the activities of the employer. It also provides that religious organizations may provide employment preferences based upon religion when dealing with a bona fide occupational qualification reasonable necessary to the operation of the religious organization. This is consistent with the provisions of the Civil Rights Act of 1964 (42 U.S.C. 2000e, et seq.). In addition, in the Personal Responsibility and Work Opportunity Reconciliation Act, P.L. 104-193, Congress provided that religious organizations are eligible for the receipt of federal funds on the same basis as other private organizations. B. The contractor will in all solicitations or advertisement for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to race, age, color, religion, sex or national origin. C. The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding a notice to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's A-I7 EXECUTIVE ORDERS commitments under the Executive Order and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will furnish all information and reports required by the contracting agency and will permit access to his books, records, and accounts by the contracting agency and the Civil Rights Division for purposes of investigation to ascertain compliance with such rules, regulations and orders. E. In the event of the contractor's noncompliance with the nondiscrimination clauses of the contract or with any such rules, regulations or orders of the Arizona Civil Rights Division said noncompliance will be considered a material breach of the contract and this contract may be cancelled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for future government contracts until said contractor has been found to be in compliance with the provisions of this order and the rules and regulations of the Arizona Civil Rights Division, and such sanctions may be imposed and remedies invoked as provided in Part II of this order, and the rules and regulations of the Arizona Civil Rights Division. F. The contractor will include the provisions of paragraphs A through E in every subcontractor -purchase-order so-that-such -provisions -wiH-bebinding-upon-eaclr-subcontractor or-vendor. The contractor will take such action with respect in the subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Arizona to enter into such litigation to protect the interest of the State of Arizona. G. Each contractor having a contract containing the provisions prescribes in the section shall file and shall cause each of his subcontractors to file compliance reports with the contracting agency or the Civil Rights Division, as may be directed. Compliance reports shall be filed within such times and shall contain such information as the practices, policies, programs and employment policies, programs and employment statistics of the contractor and each subcontract and shall be in such a form as the Arizona Civil Rights Division may prescribe. H. Bidders or prospective contractors or subcontractors shall be required to state whether they have participated in any previous contract subject to the provisions of this order or any preceding similar Executive Order and in the event to submit on behalf of themselves and the proposed subcontractors compliance reports prior to, or as an initial part of negotiation of a contract. I. Whenever the contractor or subcontractor has a collective bargaining agreement or other contractor understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the compliance' report shall include such information from such labor unions or agency practices and policies affecting compliance as the contracting agency or Civil Rights Division may prescribe; provided that, to the extend such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify the contracting agency as part of its compliance report and shall set forth what efforts he has made to obtain such information. J. The contracting agency or the Civil Rights Division shall require that the bidder or prospective contractor or subcontractor shall submit as part of his compliance report a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training with which the bidder or prospective contractor deals with supporting information to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purpose and provisions of this order. In the event that the union or the agency shall refuse to execute such a statement, the compliance shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the contracting agency or the Civil Rights Division may require. PART II - Enforcement A-IS EXECUTIVE ORDERS A. Each contracting agency shall be primarily responsible for obtaining compliance with this Executive Order with respect to contracts entered into by such agency or its contractors. All contracting agencies shall comply with the rules of the Civil Rights Division in discharging their primary responsibility for securing compliance with the provisions of contracts and otherwise with the terms of this order and the rules and regulations and orders of the Civil Rights Division issued pursuant to this order. They are directed to cooperate with the Civil Rights Division and to furnish the Division such information and assistance as it may require in the performance and assistance as it may require in the performance of the Division's functions under this order. They are further directed to appoint or designate from among the agency personnel compliance officers. It shall be the duty of such officers to first seek compliance with the objective of this order by conference, conciliation, mediation or persuasion. B. The Civil Right Division may investigate the employment practices of any government contractor or subcontractor of initiate such investigation by the appropriate contracting agency or determine whether or not the contractual provisions specified in this order have been violated. Such ~iIl-Vestigations-shall-beconducted-inaccQrdance with-the-procoouresestablishment-by -the GivilRights Division and the investigating agencies shall report to the Civil Rights Division any action taken or recommended. The Civil Rights Division may receive and investigate or cause to be investigated complaints by employees or prospective employees of a government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Part 1 of this order. If the investigation is conducted for the Civil Rights Division by a contracting agency that agency shall report to the Civil Rights Division what action has been taken or its recommended with regard to such complaint. C. The Civil Rights Division shall use its best efforts directly and through contracting agencies, other interested state and local agencies, contractors and all other available instrumentalities to cause any labor union engaged in work under government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work or cooperate in the implementation of the purposes of this order. D. The Civil Rights Division or any agency, officer or employee in the executive branch of the government designated by rule, regulation or order of the Civil Rights Division may hold such hearings, public or private as the Division may deem advisable for compliance, enforcement of educational purposes. The Civil Rights Division may hold or cause to be held hearings in accordance with rules and regulations issued by the Civil Rights Division prior to imposing, ordering or recommending the imposition of penalties and sanctions under this order. E. No order for debarment of any contractor form further government contracts under this order shall be made without affording the contractor an opportunity for a hearing. F. Sanctions and Penalties. In accordance with such rules, regulations or orders as the Civil Rights Division may issue or adopt, the Civil Rights Division or the appropriate contracting agency may publish or cause to be published the names of contractors or unions which it has concluded have complied or have failed to comply with the provision of this order and with the rules, regulations and orders of the Civil Rights Division. 1. Contracts may be cancelled in whole or in part, terminated, or suspended absolutely, or continuation of contracts may be conditioned upon a program for future compliance approved by the contracting agency or the Civil Rights Division; provided that any contracting agency shall refrain from entering into further contracts, extensions or other modifications of existing contracts with any noncomplying contractor until such contractor has established and will carry out personnel and employment policies in compliance with the provision of this order. 2. Under rilles and regulations prescribed by the Civil Rights Division, each contracting agency shall make reasonable efforts within a reasonable time limitation to secure compliance with the contract provisions of this order by methods of conference, conciliation, mediation and persuasion before proceedings shall be instituted under this order or before a contact shall be cancelled or terminated in whole or in part under this order for failure of a contractor or subcontractor to comply with contract provisions of this order. A-19 EXECUTIVE ORDERS G. This Executive Order shall become effective within (60) days of its issuance. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed to the Great Seal of the State of Arizona. Jane Dee Hull Governor [March 1, 1999] DONE at the Capitol in Phoenix on this First day of March in the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine and of the Independence of the United State of America the Two Hundred and Twenty-third. ATTEST: Betsey Bayless Secretary of State A-20 A-21