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HomeMy WebLinkAboutRES 87-08RESOLUTION NO.87-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY JUSTICE ASSISTANCE ACT GRANT PROGRAM FOR FUNDING OF A COMMUNITY RELATIONS PROGRAM FOR THE APACHE JUNCTION POLICE DEPARTMENT. WHEREAS,the Department of Public Safety will consider the request of the City Council of the City of Apache Junction for the funding of a community relations program;and WHEREAS,the City Council believes i t to be in the best interest of the City to maintain police education programs within the City;and WHEREAS,the purpose of this request for assistance i s to help control crime through police education programs within the City; NOW,THEREFORE BE IT RESOLVED,by the Mayor and City Council of the City of Apache Junction that the City Manager be and hereby is authorized and directed to execute any documents which may be necessary to implement said Agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 17THDAY OF FEBRUARY,1987. "SIGNED AND ATTESTED TO THIS 18TH DAY OF FEBRUARY 19 87 . " ATII EST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: ATI:17-F: AL City Attorney ebmSatAl2,112 ) NORMAN S.HILL MAYOR ARIZONA DEPARTMENT OF PUBLIC SAFETY JUSTICE ASSISTANCE ACT GRANT PROGRAM SUBGRANT AWARD AND ACCEPTANCE SUBGRANTEE NAME AND ADDRESS CONTRACT NO.:87-116 Page 1 of 3 Apache Junction Police Department AWARD DATE:01 /27 /87 1001 North Idaho Road Apache Junction,Arizona 85219 PROJECT PERIOD:FROM 03 /01 /87 TO 02 /28 /88 AWARD AMOUNT:$16,935 FFY 86 FUNDS IMPLEMENTING AGENCY (IF DIFFERENT) PROJECT TITLE: JAA CATEGORY:01 NEW PROGRAM:2(EXISTING PROGRAM: CONGRESSIONAL DISTRICT(S)AFFECTED:5 APPROVED BUDGET JAA AMOUNT MATCH AMOUNT TOTAL PERSONNEL 0 25,027 25,027 FRINGE BENEFITS 0 0 0 TRAVEL 4,000 0 4,000 EQUIPMENT 10,935 0 10,935 OTHER OPERATING 2,000 0 2,000 CONTRACTUAL/OUTSIDE SERVICES 0 0 0 INDIRECT COSTS 0 0 0 TOTAL 16,935 25,027 41,962 THIS AWARD IS SUBJECT TO THE RULES,REQUIREMENTS AND CRITERIA INCLUDED IN THE JAA SUBGRANT APPLICATION AND GUIDELINES,THE ATTACHED GENERAL AND SPECIAL CONDITIONS,AND THE OJP MANUAL 7100.1C "FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS",ALL OF WHICH ARE INCORPORATED BY REFERENCE AS IF FULLY STATED HEREIN. o SUBGRANTEE ACCEPTANCE THE UNDERSIGNED AGREES TO THE TERMS AND CONDITIONS OF THIS AWARD. TYPED NAME:TITLE: SIGNATURE:DATE: , DPS ACCEPTANCE JAMES N.CHILCOAT,ASSISTANT DIRECTOR DPS LEGAL FISCAL MANAGEMENT AND SUPPORT SIGNATURE SIGNATURE DATE DATE - STATUTORY AUTHORITY FOR GRANT TIT LE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.42 U.S.C.3701 ET.SEQ.,AS AMENDED; JUSTICE ASSISTANCE ACT OF 1984. GENERAL CONDITIONS Contract No.87-116 Page 2 of 3 1.The subgrantee agrees that the Justice Assistance Act Grant funds will not be used to supplant state or local funds that would otherwise be available for the project. 2.The subgrantee agrees to provide proper accounting and monitoring procedures to ensure fiscal control and efficient management of the funds. 3.The subgrantee agrees to submit such data i n such form at such times as required by the Arizona Department of Public Safety. 4.The subgrantee agrees to comply with the non-discrimination requirements of Executive Order 75-5 (enclosed). 5.The subgrantee agrees to comply with the provisions of the "Financial and Administrative Guide for Grants"OJP manual 7100.1C (enclosed). 6.The subgrantee agrees to use arbitration i n the event of disputes, but only to the extent required by A.R.S.§12-1518. 7.The subgrantee agrees that i t is acting as an independent contractor and agrees to indemnify and hold the Department of Public Safety harmless for the actions of the subgrantee's employees. 8.The subgrantee agrees to allow DPS to review all of the subgrantee's records concerning this project upon request. 9.No funds shall be disbursed to the subgrantee until the subgrantee returns to the Department of Public Safety: A.a signed copy of this agreement;• B.a completed monthly funds request form; C.documentation of compliance with the special conditions. 10.This agreement is subject to cancellation by the Governor for conflicts of interest pursuant to A.R.S.§38-511. SIGNATURE: TITLE: Subgrantee DATE: SPECIAL CONDITIONS Contract No.87-116 Page 3 of 3 1.This award agreement shall be approved by the Apache Junction City Council and a copy of that approval shall be forwarded to the Arizona Department of Public Safety. SIGNATURE: TITLE: DATE: Subgrantee JUSTICE ASSISTANCE ACT GRANT PROGRAM MONTHLY FUNDS REQUIREMENTS coaril itcr Ao •f 7 - 1 i 6 4.e.Ne.4A8& Agency:APitt‘tid-Jto-iocr70^1 14°" "". Award:$/6, q3s- Grant Recipient:Please indicate in the spaces provided the amount of money you will need for each month of your project.Funds will be disbursed monthly.Please request only that amount that you can spend in one month. For administrative ease,make the requests in multiplies of $100.00, with a minimum of $100.00.(Show -0-i f you have no need in a particular month.) Month Amount EXECUTIVE ORDER No.75-5 PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS - NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS 1,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 1 -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 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 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 nondiscrimination clause. 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 a 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 commitments under this 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 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 ineligible for further 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 will be binding upon each subcontractor or vendor.The contractor will take such action with respect in the subcontract or purchase order as the contracting agency max'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 lw the contracting agency,the contractor may request the State of Arizona to enter into such litigation to protect the 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 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 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 or 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 contract. 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 prescribe; 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 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.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 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 Rights Division may investigate the employment practices of any government con tractor or subcontractor or initiate such investigation by the appropriate contracting agency or determine whether or not the contractual provisions specified in this 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 the Civil Rights Division what action has been taken or is recommended with regard to such complaint. Executive Orde. No.75-5 Page Three 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 to 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 or 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 from 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 provisions of this order and with the rules,regulations and orders of the Civil Rights Division. I.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 provisions of this order. 2.Under rules 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 contract shall be cancelled or terminated in whole or in part under this order for failure of a contractor or subcontractor to comply with the contract provisions of this order. G.This Executive Order shall become effective within sixty (60)days of its issuance. IN WITNESS WHEREOF. I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona. 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 Nimennin th. G O V E R N O R ST: Secretary State