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HomeMy WebLinkAboutResolution 2006-072 grant agreement with the arizona automobile theft authority MARANA RESOLUTION NO. 2006-72 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE FULL EXECUTION OF A GRANT AGREEMENT WITH THE ARIZONA AUTOMOBILE THEFT AUTHORITY WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Marana Police Department is working to reduce the number of vehicles stolen; and WHEREAS, the Marana Police Department is working to increase the number of suspects arrested for vehicle theft; and WHEREAS, the Arizona Automobile Theft Authority has awarded the Marana Police Department a grant to help further these goals; and WHEREAS, grant funding will support overtime pay for police officers during a period from July 1, 2006 to June 30,2007. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Chief of Police is authorized to execute the Grant Agreement to fund overtime for police surveillance and investigations related to automobile theft. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of June, 2006. ~ ~\\"III'",,, ,c /J . ~ oFM..j ~ ?tf' ~.~~\\,,,,,,,,,,~~~'~ayor Ed Honea !loii:o~~ ~~-t- ~~ ::: L - ~ CORPORATE \. ~ ~ .. r-:: 000 :: _ = =SEALS = ~ ~ ;:: ~ ~ ~ , ~PPROV ~ ~"I"Il"\\~ ~ ~lf:lIZ. ....~~~ I' ll\\'. ~ Cas RES Police - Arizona Automobile Theft Authority 20062006-72 5/31/2006 ARIZONA AUTOMOBILE THEFT AUTHORITY GRANT AGREEMENT 2006/2007 LAW ENFORCEMENT GRANT This Agreement is made this effective 1st day of July 2006, by and between the Arizona Automobile Theft Authority, hereinafter referred to as the AATA, and the Marana Police Department, (Grant # LE07014) hereinafter referred to as the GRANTEE. The AATA enters into this agreement pursuant to its authority under the provision of A.R.S. S41-3451 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 1,2006, and terminate on June 30, 2007. This agreement is subject to cancellation pursuant to the provision of A.R.S. S38-511. 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 of this 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. The GRANTEE will own any 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 heen spent in violation of the purposes and conditions of the grant. 5. Pursuant to A.R.S. 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 (AR.S. SS 41-2501, et seq. and the administrative rules promulgated thereunder (AAC. 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. 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 2 APPROVED GRANT REQUEST: 1. Officer Overtime and ERE $ 5,000 Total Award $ 5,000 GRANT APPROVED ITEMS: The purpose of this grant award IS to fund overtime for surveillance and investigation. 9. GENERAL PERFORMANCE MEASURES The following will be reported Quarterly: lO. 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 AATA, 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) Report on agency specific performance measures, E) Quarterly financial updates, F) The final report due on July 31,2007 will include an evaluation of the success of grant project in curtailing current and future vehicle theft in the jurisdiction. 11. The GRANTEE agrees to submit quarterly financial and performance reports to the AA T A, documenting the activities supported by the AA T A grant funds and providing an assessment of the impact of those activities on 3 the criminal justice system. The reports shall be submitted according to the following schedule. Reporting Period Due Date July 1, 2005 -September 30, 2006 October 1,2005 - December 31, 2006 January 1, 2006 - March 31, 2007 April 1, 2006- June 30, 2007 October 31, 2006 January 31, 2007 April 30, 2007 July 31, 2007 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 A.R.S. ~35-214 and A.R.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 AA T A grant funds, use interest only for the purpose of paying AA T A approved grant expenditures, and shall remit interest earned to the AA T A 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: PAUL M. BOELHAUF GRANT MANAGER- LAW ENFORCMENT GRANT ROGRAM ARIZONA AUTOMOBILE THEFT AUTHORITY 1400 W. Washington Street, Suite 270 Phoenix, Arizona 85007 4 If to the GRANTEE: MARANA POLICE DEPARTMENT 11555 W. Civic Center Marana, AZ 85653 Attn: Sergeant Tim Brunenkant 16. The GRANTEE agrees that it will comply with applicable nondiscrimination requirements of A.R.S. 941-1463, 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 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR Part 67 Sections 67.615 and 67.620. 19. The GRANTEE and the AA T A agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. S12-1501 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. The GRANTEE agrees that it is acting as an independent contractor and agrees to hold the AATA harmless from the actions of the GRANTEE AND GRANTEE'S employees. 5 23. 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. 6 .\'1""',,~ IN WITNESS WHEREOF, the parties have made and executed this agre ~.~: ~'''~~. ~~ the day and year first above written. ..Q t1Q~POAAl"E'~ ,... ICIICIIII> _ FOR THE GRANTEE: ~ i ~ ~~ ~ ~~~ . . l\' ~: Date: t? 7.2 S':(:/q. City of Marana Police Department 4~.LL~ Date: 7 ,. ~ s-- 0 lo Date: Date: ATTEST: Date: 7~ AS;- -tJ0 FOR THE ARIZONA AUTOMOBILE THEFT AUTHORITY: fLd: Date: Pj 16 7