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HomeMy WebLinkAboutResolution 2006-147 grant application for driving under the influence abatement program MARANA RESOLUTION NO. 2006-147 RELATING TO THE POLICE DEPARTMENT: APPROVING AND AUTHORIZING FULL EXECUTION OF A GRANT AGREEMENT WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION OVERSIGHT COUNCIL ON DRIVING UNDER THE INFLUENCE ABATEMENT PROGRAM. 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 ofDUI related collisions in the region; and WHEREAS, the Marana Police Department is working to increase enforcement to reduce the number of impaired drivers on Arizona roadways; and WHEREAS, the Arizona Criminal Justice Commission 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 December 31, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute the Grant Agreement to overtime pay for police officers related to Southern Arizona DUI Taskforce. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZ~;~~F~...~s.,l: day Ofseplember;~oo~ Ii f~~'~~ '?-L- ~~ :: f.:f; .... .~;'."t: ~,.. ': Mayor Ed onea :: ~",'" ~ ~ ':;!...., ,'''' ~ ~ ~" .~~. ~ ~ -1/t..th{\ ~ ATTEST: ~/'4:;i"~\\~ APPROVED AS TO FORM: ~' ~~lE~\WlEPl o I 1'1! OVERSIGHT COUNCIL on J SEP 2 2 ZOO6 i :.;,) \ DRIVING or OPERATING UNDER the IN FLU NC9 _~ v~a.- ABATEMENT -- 'f'!'':f " GRANT AGREEMENT Grant Number DUI-07A-210 State Funded Grant Program This Grant Agreement is made this 1st day of July, 2006, by and between the OVERSIGHT COUNCIL on DRIVING or OPERATING UNDER the INFLUENCE ABATEMENT hereinafter called the "COUNCIL" and TOWN OF MARANA, through MARANA POLICE DEPARTMENT hereinafter called "GRANTEE". The COUNCIL enters into this Agreement pursuant to its authority under the provisions of A.R.S. 9 28-1303 (G), and having satisfied itself as to the qualification of GRANTEE; NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on July 1, 2006 and terminate on December 31, 2006. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COUNCIL no later than sixty (60) days prior to the end of the award period. 2. The GRANTEE agrees that grant funds will be used: [g] For enforcement purposes, prosecutorial, judicial activities, and alcohol abuse treatment services related to preventing and abating driving or operating under the influence occurrences in a motor vehicle or a motorized watercraft as specified in the grant application and the approved budget. o For innovative programs that use emerging technologies to educate, prevent or deter occurrences of driving or operating under the influence in a motor vehicle or motorized watercraft as specified in the grant application and the approved budget. 3. The COUNCIL will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the COUNCIL will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the COUNCIL finds non-compliance, the GRANTEE will receive a written notice which 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 which are being taken to correct the problem, the COUNCIL may suspend funding or permanently terminate this Agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COUNCIL approval may constitute sufficient reason for the COUNCIL to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. OUI Abatement Grant Number OUI-07A-210 Page 2 4. This Agreement may be modified only by a written amendment signed by the Chairman of the COUNCIL or by persons authorized by the Chairman on behalf of the COUNCIL 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 addressee or their agents or employees: A. If to the COUNCIL: Oversight Council on Driving or Operating Under the Influence Abatement c/o Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Program Manager B. If to the GRANTEE: MARANA POLICE DEPARTMENT 13251 North Lon Adams Road Marana, AZ 85653 Attn: Mr. T. Vanhook 5. For grant awards above $100,000, the GRANTEE may make budget adjustments of up to ten (10) percent of the total grant within any approved budget category. If the GRANTEE wishes to make adjustments or reprogram in excess of ten (10) percent or purchase equipment, written approval from the COUNCIL in advance is required. For grant awards less than $100,000, the GRANTEE may make budget adjustments of up to ten (10) percent within approved categories as long as there are no changes to the purpose or scope of the project. APPROVED LINE ITEM PROGRAM BUDGET Salaries & Fringe Benefits Not Approved Overtime $17,597 Professional & Outside Services Not Approved Travel Not Approved Operating Expenses Not Approved Equipment (Type: ) Not Approved TOTAL $17,597 Personnel Positions Funded: 6. It is agreed and understood that the total to be paid by the COUNCIL under this Agreement shall not exceed $17,597 in State funds. The GRANTEE understands that quarterly financial reports are required for reimbursement of expenditures. 7. The GRANTEE agrees that any program income, interest or other revenues earned as a result of these grant funds shall be accounted for to the COUNCIL, and be used by the GRANTEE to further the purpose and/or objective of this program, unless otherwise directed by the COUNCIL. DUI Abatement Grant Number DUI-07A-210 Page 3 8. No funds shall be used to supplant Federal, State, county or local funds that would otherwise be made available for such purposes. 9. The GRANTEE agrees that grant funds are not to be expended for any indirect costs that may be incurred by GRANTEE for administering these funds. This may include, but is not limited to, costs for services such as accounting, payroll, data processing, purchasing, personnel, and building use which may have been incurred by the GRANTEE. 10. The GRANTEE agrees not to use grant funds for food and/or beverage unless explicitly approved in writing by the COUNCIL. 11. The GRANTEE agrees to remit all unexpended grant funds to the COUNCIL within forty- five (45) days of written request received from the COUNCIL. All goods and services purchased with grant funds must be received by the GRANTEE within sixty (60) days of the expiration of this award. 12. All goods and services purchased with grant funds must be paid by the GRANTEE prior to the expiration of this award. 13. Every payment obligation of the COUNCIL under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the COUNCIL. No liability shall accrue to the COUNCIL in the event this provision is exercised, and the COUNCIL shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 14. The GRANTEE agrees to obtain COUNCIL approval for all sole-source procurements in excess of $100,000. 15. The GRANTEE agrees to obtain COUNCIL approval prior to the expenditure of grant funds for consultant fees in excess of $450 per day. 16. For the purpose of this grant, a capital expenditure is $5,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $5,000, the GRANTEE will use its own policy. 17. The GRANTEE agrees to abide by State laws and provide accounting, auditing and monitoring procedures to safeguard grant funds and keep such records to assure proper fiscal controls, management and the efficient disbursement of grant funds. 18. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the COUNCIL. All such documents shall be subject to inspection and audit at reasonable times. 19. The GRANTEE agrees to follow its own agency equipment disposition policies when the equipment is no longer needed for the grant program. If the GRANTEE has no policy, DUI Abatement Grant Number DUI-07A-210 Page 4 reference the Uniform Accounting Manual for Arizona Counties authorized by the Auditor General for disposition guidelines and guideline development. Link: Uniform Accounting Manual for Arizona Counties http://www.auditorgen.state.az.us 20. The GRANTEE agrees to maintain property records for equipment purchased with grant funds and perform a physical inventory and reconciliation with property records at least every two years or more frequently based on GRANTEE policy. 21. The GRANTEE agrees that it will submit quarterly financial and performance reports to the COUNCIL on forms/format provided by the COUNCIL, documenting the activities supported by these grant funds and providing an assessment of the impact of these activities. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are to be submitted according to the following schedule: Report Period: Due Date: July 1, 2006 to September 30, 2006 October 25, 2006 October 1, 2006 to December 31, 2006 January 25, 2007 More frequent reports may be required for GRANTEES who are considered high risk. 22. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from any prior year grant are submitted to the COUNCIL. 23. The GRANTEE agrees to keep time, attendance, and effort records signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. 24. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. 9 12-1518 et seq. 25. 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 24 of this Agreement pertaining to disputes which are subject to arbitration. 26. The GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 27. Each party (as "Indemnitor') agrees to indemnify, defend and hold harmless the other party (as "Indemnitee') from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a state agency this paragraph does not apply. DUI Abatement Grant Number DUI-07A-210 Page 5 28. Unless the GRANTEE is a state agency, GRANTEE shall cause its contractor(s) and subcontractors, if any, to indemnify, defend, save and hold harmless the State of Arizona, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (thereinafter referred to as "indemnitee'j from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorney's fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims'j for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements used by the GRANTEE for any contractor are attached to this Agreement as exhibit "A" and incorporated herein by this reference. 29. The GRANTEE agrees to comply with all Federal Civil Rights Laws, including Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; All applicable state laws of A.R.5. 9 41-1463, and Executive Orders 1999-4, 2000-4 and 2005-030. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the COUNCIL. 30. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COUNCIL. 31. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.c. Title 5, Part II, Chapter 15, Section 1502. 32. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of service required under this Agreement. 33. This Agreement is subject to cancellation pursuant to the provision of A.R.S. 938-511. 34. The GRANTEE agrees to notify the COUNCIL within ten (10) days in the event that the project official is replaced during the award period. DUI Abatement Grant Number <<txtGrantNumber>> Page 7 35. This Agreement may be cancelled at the COUNCIL'S discretion if not returned with authorized signatures to the COUNCIL within ninety (90) days of commencement of the award. 36. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: ~() /~ ~~"~~"'""'---~-~--_._"'~"_.,._._,.'"_._."'",._. Mayor Or City Manager 9-b-tJb "'''-'''''~-'''''^'''''"'''~''''''''"'''^''~-''-"~'''~'''''''''''''''''''''-''''''''._'....._".....".".-,=~"'-~-;"''''',-.',...- Date Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the COUNCIL with the signed Agreement. to form and authority to enter into Agreement: ~,._~"~-,,._,,___"___._,..L~ - L~_.__..,,~_ Date Statutory or other legal authority to enter into Agreement: ~B:-.2z:~L/L~5Z__~~.fi~~~~ '~.LLF;7 Appropriate A.R.S., ordinance, or charter reference FOR: COUNCIL: /121 J-./ Z~ /lL..rK J" /J c1f1Y1 ~ is. C; ~:z cJ ~t)t ".~-,._-,----,...~. .... -,' '----'~,"''''''''-~.'''--_.,.'-~_...'''~._-"~'-->~'.'.~.._--..."..,.".,,.,',,...".,,'._._,.,,--"--,~----,.-- Kerry Wangberg, Chairperson Date Oversight Council on Driving or Operating Under the Influence Abatement ~~-""'~-~''''~';'''''''''',""",.,,,,,,",'~''~'''''-~'.''''';'-''~.''''''''''~'''''~'~~'''.....;...;....".. OVERSIGHT COUNCIL on DRIVING or OPERATING UNDER the INFLUENCE ABATEMENT GRANT AGREEMENT Insurance Requirements Exhibit "A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental enti~ not to the governmental entity itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability - Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. · General Aggregate · Products - Completed Operations Aggregate · Personal and Advertising Injury · Blanket Contractual Liability - Written and Oral · Fire Legal Liability · Each Occurrence $2,000,000 $1,000,000 $1,000,000 $1,000,000 $50,000 $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'~ (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. DUI Abatement Grant Number DUI-07A-210 Page 8 Exhibit "A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor", (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease - Each Employee $500,000 Disease - Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.5. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. DUI Abatement Grant Number DUI-07A-210 Page 9 Exhibit "A" Page 3 B. ADDmONAL INSURANCE REOUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract. C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Agreement shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the State of Arizona. Such notice shall be sent directly to the GRANTEE and the DUI Council, 1110 W. Washington, Suite 230, Phoenix, AZ 85007 and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an "A.M. Best" rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE and the DUI Council with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Agreement. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Agreement, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Agreement shall be sent directly to the GRANTEE and the DUI Council 1110 W. Washington, Suite 230, Phoenix, AZ 85007. The DUI Council project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona and the DUI Council reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time. DO NOT SEND CERTIFICATES OF INSURANCE OT THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the State of Arizona Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made DUI Abatement Grant Number DUI-07A-210 Page 10 by administrative action. Exhibit "A" Page 4 H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. MARANA RESOLUTION NO. 2006-147 RELATING TO THE POLICE DEPARTMENT:' APPROVING AND AUTHORIZING FULL EXECUTION OF A GRANT AGREEMENT WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION OVERSIGHT COUNCIL ON DRIVING UNDER THE INFLUENCE ABATEMENT PROGRAM. 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 ofDUI related collisions in the region; and WHEREAS, the Marana Police Department is working to increase enforcement to reduce the number of impaired drivers on Arizona roadways; and WHEREAS, the Arizona Criminal Justice Commission 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 December 31, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute the Grant Agreement to overtime pay for police officers related to Southern Arizona DUI Taskforce. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZON.A~,,~.,..s. 19th day ofSeptem.b&, l ~ ~\~OFI'v,' ,~ ~ ~~~~"m"':)",,~~ e------- ~ O.t1,.. C,9;,'; - ~ .... :: ~ r "pI ,~./I: ~ :: Mayor Ed onea ~ i ...",--I,_>.~ :: ~ ~~ '.' . ,~...;: ~-qJl..~~ :!'Ii ~ "'1J:iitth:A ~ .,.~ 'T/'7 ;'\'~ ~llljl"~\\~ ATTEST: APPROVED AS TO FORM: