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HomeMy WebLinkAbout06/07/2005 Blue Sheet Grant Agreement with Arizona Automobile Theft Authority TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 7, 2005 AGENDA ITEM: X. A. 4 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2005-63: Relating to the Police Department; authorizing the execution of a law enforcement grant agreement with the Arizona Automobile Theft Authority (AA T A). DISCUSSION The Arizona Automobile Theft Authority (AA T A) provides grants to local governments for supporting efforts in vehicle theft enforcement and investigation. The Arizona Automobile Theft Authority approved a grant in the amount of $5,978 to be awarded to the Town of Marana upon receipt of the completed contract. The purpose of this grant award is to fund overtime for additional vehicle theft investigations and night vision binoculars. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-63, approving and authorizing the Mayor to execute a law enforcement grant agreement with the AA T A. ATTACHMENT AA T A grant agreement. SUGGESTED MOTION I move to approve Resolution No. 2005-63. {00000837.DOC /} FJC/cds OS/26/05 MARANA RESOLUTION NO. 2005-63 RELATING TO THE POLICE DEPARTMENT; AUTHORIZING THE EXECUTION OF A LAW ENFORCEMENT GRANT AGREEMENT WITH THE ARIZONA AUTOMOBILE THEFT AUTHORITY (AATA). WHEREAS, the Arizona Automobile Theft Authority (AA T A) provides grants to local governments for supporting efforts in vehicle theft enforcement and investigation; and WHEREAS, the Arizona Automobile Theft Authority (AA T A) 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 Marana 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 AA T A, 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 7th day of June, 2005. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000761.DOC I} FJC/cds 5/25/05 i) Janet Napolitano Governor Board Members Chairman Michael Payne State Farm Insurance Wce Chairman Sheriff Ralph Ogden Yuma County Sheriff Joseph Arpaio Maricopa County Sergeant Joe Brosius Tempe Police Department Public Member Dean C. Butler Farmers Insurance Chief Sherry Kiyler Chandler Police Department Barbara laWall Pima County Attorney Robert Carter Olson Pinal County Attorney Ms. Ellen Poole Public Member Chief Daniel G. Sharp Oro Valley Police Department Director Stacey K. Stanton Motor Vehicle Division Director Roger Vanderpool AZ Department of Public Safety Interim Executive Director Brian Salata ARIZONA AUTOMOBILE THEFT AUTHORITY 1400 W. WASHINGTON STREET, SUITE 270 PHOENIX, ARIZONA 85007 TEL (602) 364-2886 FAX (602) 364-2897 www.azwatchyourcar.com May 6, 2005 Chief Richard Vidaurri City of Marana Police Department 11555 Civic Center Drive Marana, Arizona 85653 RE: 2005/2006-Law Enforcement Grant Program Dear Chief Vidaurri: The Board of Directors of the Arizona Automobile Theft Authority (AATA) has reviewed your agency's grant request(s) and is pleased to inform you that it has made the following award to your agency to support vehicle theft enforcement and investigation in your jurisdiction: 1. Police Overtime Law Enforcement Grants & ERE 2. Night Vision Binoculars $ 5,000.00 $ 978.00 $ 5,978.00 Total Award The purpose of this grant award is to fund overtime for additional vehicle theft investigations and night vision binoculars. Included in this packet are three (3) original contracts. The contracts must be approved, executed and received at the 0 ffices 0 f t he A AT A no 1 ater than 5 :00 p.m., Thursday, June 30, 2005. If the approved contracts are not received by that date, the AA T A will conclude that the grant award was not accepted and the grant approval will be withdrawn. Should more than 60 days be required for your jurisdiction to obtain acceptance of the grant, please request an extension, (not to exceed 30-days) in writing, which must be received by the AATA no later than 5:00 p.m., Thursday, June 30, 2005. By July 15, 2005 the AATA will send to your finance manager a check fully funding this grant and one copy of the fully executed grant contract. Should your jurisdiction need additional copies of the contract, please duplicate the number you need and we will return the extra copies with original signatures to your office at the time we fund your grant. The grant contract is considered executed upon signature by an authorized signor on behalf of the AA T A. Our mission is to deter vehicle theft through a statewide cooperative effort by supporting law enforcement activities, vertical prosecution and public awareness/community education programs. The quarterly financial and statistical report forms will be mailed out quarterly and are due on the following dates: First Quarter Second Quarter Third Quarter Fourth Quarter July 1, 2005 thru Sept. 30, 2005 Oct. 1,2005 thru Dec. 31,2005 Jan. 1,2006 thru Mar. 31, 2006 Apr. 1,2006 thru June 30, 2006 Due October 31, 2005 Due January 31,2006 Due April 30, 2006 Due July 31, 2006 Please return your executed contracts and as well as your quarterly financial and statistical reports to: Paul Boe1hauf Grant Program Manager Arizona Automobile Theft Authority Post Office Box 13288 Phoenix, Arizona 85002 (602) 364-2886 E-mail pau1.boe1hauf@aata.state.az.us Thank you for your partnership with the AATA in combating vehicle theft in Arizona through effective law enforcement efforts. If you have any questions, or if we can assist you in any way, please contact Paul Boe1hauf or myself at (602) 364- 2886. Sincerely, 9J'tian Salata Brian Salata Interim Executive Director Enclosures: Three (3) grant contracts Cc Criminal Investigations Unit Sergeant Tim Brunenkant 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 06 006) hereinafter referred to as the GRANTEE. The AA T A enters into this agreement pursuant to its authority under the provision of AR.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 AR.S. §38-511. This AATA grant expires at the end ofthe 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 ofthis 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 usefu11ife 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 AATA 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 AATA 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 of the purPoses and conditions of the grant. 5. Pursuant to ARS. § 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 (ARS. §§ 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 ARS. § 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. 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. 3 11. The GRANTEE agrees to submit quarterly financial and perfonnance 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 the criminal justice system. The reports shall be submitted according to the following schedule. Reportioi! 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 AA T A 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 perfonnance of this agreement for a period of five (5) years after the completion ofthis 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 ofthe 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 4 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 A.R.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 a1 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 A.R.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. 5 IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year first above written. FOR THE GRANTEE: Date: City of Marana Date: Date: Date: ATTEST: Date: Clerk FOR THE ARIZONA AUTOMOBILE THEFf AUTHORITY: Date: Executive Director Arizona Auto Theft Authority 6