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HomeMy WebLinkAboutResolution 97-072 agreement with DPS criminal justice enhancement fund awardMARANA RESOLUTION NO. 97-72 A RESOLUTION OF THE TOVfN COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING TI-IE TOVfN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTM~,NT OF PUBLIC SAFETY FOR THE ACCEPTANCE OF AN AWARD OF CRIMINAL JUSTICE ENHANCEMENT FUNDS. WI-II=.P..EAS, the Town of Mararia, in the interests of public safety, submitted a request to the Arizona Department of Public Safety ("ADPS") for an award of Criminal lustice Enhancement Funds ("CJEF") in order to purchase equipment related to the development of Community Action Teams and a Citizen Police Academy within the Town; and WHEREAS, ADPS has granted an award of CJEF to the Town in the mount of $6,880.00, and requires the Town to approve and execute the Intergovernmental Agreement regarding the award of CJEF prior to the funds being released to the Town, said Intergovernmental Agreement attached hereto as Exhibit A; and WI4EREAS, it is in the best interest of the Town that its police department use the CJEF award to develop Community Action Teams and a Citizen Police Academy within the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, approving the T0wn's acceptance of the CIEF award. BE IT FURTIgER RESOLVED that the Mayor is authorized to execute the Intergovernmental Agreement between the Town of Marana and the Arizona Department of Public Safety for the Town's acceptance of the CJEF award. PASSED AND ADOPTED by the Mayor and Council of the Town of Mararia, Arizona, this 15th day of July, 1997. A PP R 0 VED~)'S-~I~) RM: Daniel J. Hochuli Town Attorney Mayor ORA MAE {~IARN/ Maram, Arizona R¢solufion No. 97-72 Page 1 of 1 DPSCoutraet#97-912 ARIZONA DEPARTMENT OF PUBLIC SAFETY CRIMINAL JUSTICE ENHANCEMENT FUND AWARD AGREEMENT This agreement is m,,~, under the authority of A.R.S. 41-2401 et seq. and Arizona Administrative Rules RI 0-4 Article 3. GRANTEE Contact: Lynda Mea'ae Addre~: 12775 N. Sanders Road City:, Mar, ran. Arizona Zip: 85653 AWARD AMOUNT .' BEGIN DATE October I, 1997 END DATE s~pmn~r 30, 1998 STATUTORY PURPOSE(S): PROJECT TITLE AND DESCRllWION: Commma/ty Actioa Teams (C.A.T.) - 'rbis project will fuad a computer and supplies to be used to increase the public's involvemeat in decreasing burglaries. The Departmeat of Public Safety agrees to pay the 8r~atce the above shown ~nn flora th~ Criminal Justice l~nhsmcemcnt Fund (CJEF) subj~t to th~ conditions provided ha,6n. GENERAL CONDITIONS: 1. That the Cri~nlnnl lustice gnhancement Fund (CJ]~'~ monies will not be used to supphnt state or 1ocel timds; To expend the CJEF monies only for the purple(s) ~ated above and in the budget categories and for the specific items shown in the attached budget; 3. To reimburse the Arizona Department of Public Safety for any unauthorized or ineligible expenditures; 4. To provi~ pmp~ ac~a~ amt mcoitoring ~ ~o ea~u~ fiaeal control and effi~innt mana~t of ~ funda; 5. To return to DPS all interest earned, recovered currency (by court action), or case expense reimbursement directly relating to the CJEF grant; ~)l~ Contract # 9%91~ 6. To pro.¥ide detailed .qum~.ly fmmc~l ~md .p~.ject .reports. ~. the Arizona Depglm~nt of Public Sg~ ~ ~ ~ prescribed by the Arizona DepstUnent of Public ~ttet~ v~thin 30 days alter the end of the quarter ~ ~j~ 7. To provide a detailed and complete ~ project xeport w~th~n sixt~ days of the project end date in the mn~mer 8. Thatthisagreementissubjectt~c~nce~ati~bytheG~vern~rf~rc~n~icts~finterest~t~A.~S. 38-511; 9. To abide by the non-discrlm~n,fion requirements of Executive Order 75-5 (eaclo~xl); 10. ~Th~t, tt~.~ .~atee~ac~ingasm' _.m .mdelm~dentc~.~ac,~andwillinde~nlfymdholdtheArizenaDeparm~entofPubli ~atety n~xmiess xor the actions ot't~e grnntee's employees; 12. That there are no promises or requirements other thsm tho~e expressly s~t _,~ in writing and signed by both pnrti~ hereto; 2 PAYMENT $C~-IEDCLE P~jment in ~ following con~'act approval. DPS Contract # 97-91~ APPROVED BUDGET Lap~ compu~r Block watch ami business alert newsletter supplies Ci6z~s Police ~ supplies (paper, binda~ TOTAL $:3,500.00 SI,600.00 $1,780.00 For The Department of Publlc Contract # 97-91~ D~ Legal Section Maqor, Town of Mararia Ti~e 4 EXECUTIVE ORDER No. 75-5 PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS - NONDISCRL\tlNATION IN EMPLOYSlENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS I, Raul H. Castro, under and by virtue of the authority vested in me as Governor of the State of Arizona by the Constitution and Statutes of the State of Arizona do order and direct: PART I - Non-discrimination 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 aff'u'mative action to insure that applicants are employed and that employees are treated during employment without regard to their race, age, color, relig/on, sex or national origin. Such action shall include but not be limited to the following: employment, upgeadin~,' demotion or transfer, recruiUnent or recruitment advertising, lay-off or termination, rates of pay or 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 nondiscrim~ation clause. B. The contractor will in all solicithtions 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 orign. C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the agency conffacting officer advising the labor union or workers' representative of the contractor's commitments under tiffs Executive Order and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will funfish all information and reports required by the contracting agency and will permit access to his book~, 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 this contract or with any of 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 ineli.fible for further government contracts until said coiltractor has been found to be in compliance with the provisions of this order and the rules and regulations of the Arizona Civil RigJ, ts 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 will be bindlug tipon e~ch subcontractor or vendor. The contractor will take such action with respect in tile subcontract or purchase order as the contracting agency raa.v 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 restdt of snch direction by the contracting agency. the contractor may request the State of Arizona to enter into such litigation to protect tile interests of the State of Arizona. Executive Order No. 75-5 Page Two G. Each contractor having a contract containing the provisions prescribed in this section sh',dl 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 tbe practices, policies, programs and employment policies, programs and em;~loyment statistics of the contractor and each subcontractor and shall be in such 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 br any preceding similar Executive Order and in that event to submit on behalf of themselves and the proposed subcontractors compliance reports prior to, or as an initial part of negotiation of a conffacL I. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or 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 pr~scribe; provided that, to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or ffaining and such labor union or agency shall refuse to fumich such information to the contractur, the contractor shall so certify the con~acting 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 requlr~ that the bidder or prospective contractor or subcon,actor shall submit as part of his compliance report a stat~emant 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 aff'h'mlatively cooperate in the implementation of th.e policy and provisions of this order or that it consents and a~es 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 contracling agency or the Civil Rights Division may reqni~. PART II - Enforcement A. Each contracting agency shall be prinlarily responsible for obtaining compliance with this Executive Order with respect to conh'acts 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 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 f'h-st seek compliance with the objective of this order by conference, conciliation, mediation or persuasion. B. The Civil Rights Division may investigate the employment practices of any government contractor or subcontractor or initiate such investigation by the appropriate con£racting agency or determine whether or not tile contractual provisions specified in illis order have been violated. Such investigations shall be conducted in accordance with the procedures established by the Civil Rights 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 I of this order. If the investigation is conducted for the Civil Rights Division by a contracting agency. that agency shall report to tile Civil Rights Division witat action has been taken or is recommended with regard to such complaint. Executive Order No. ?5-5 Page Three C. The Civil Rights Division shall use its best efforts directly and through contracting agencies, other interested state and local a~ncies, contractors and all other available instrumentalities to cause any labor union en~a~ed in work under government cootrac~s or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this order. D. The Civil Rights Division or any agency, officer or employee in the ¢xecotive branch of the ~vernment desiguated by n~le, regulation or order of the Civil Rights Division may hold such heafin/s, public or private as the Division may deem advisable for compliance, enforcement or educational pml~oses. The Civil Rights Division may hold or cause to be hdd hearings in accordance with mies and regulations issued by the Civil Rights Divis/on prior to imposin& ordering or recommanding the imposition of penalties and sanctions under this order. E. No order for debarment of any conWactor from further guyeminent contracts under this order shall be made without affordinS 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 coniracting a~ency may publish or cause to be published the names of conWactors or unions which it has concluded have complied or have failed to comply with the provisions of this order and with the rules, regulations and orders of the Civil Rights Division. 1. Coniracts may be cancelled in whole or in part, terminated, or suspended absolutely, or continuation of coolfacts may be conditioned upon a pro.am for furore compliance approved by the coulracling a~ncy or the Civil Rights Division; provided thht any contracting a~ncy shall refrain from entering into further contracts. extensions or other modifications of existing contracts with any noncomplying contractor until such eon~-actor has established and will carry out personnel and employment poficies In compliance with the plx)vis/ons of this order. 2. Under rules and regulations prescribed by the Civil Rights Division, each coniracting a~ncy shall make reasonable effo/ts within a reasonable tirne limitation to secure compliance with the. contract provisions of this order by methods of conference, conciliation, mediation and p~rsnssion befor~ prnceedin~s shall be instituted under this order or before a contract shall be cancelled or terminated in whole or in part under this order for failure of a contractor or subconUactor to comply with the contract provlsi?ns of this order. G. This Executive Order shall become effective within sixty (60) days of IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizou~ DONE at the Capitol in Phoenix this twenty-eighth day of April in the year of Our Lord, One Thousand Nine Hundred and Seventy-five, and of the Independence of the United States the One Hundred and GOVERNOR ST: