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HomeMy WebLinkAboutRES 91-48RESOLUTION NO.91-48 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION POLICE DEPARTMENT TO ENTER INTO CONTRACT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR THE PURCHASE OF AN EMERGENCY SUPPORT/COMMAND POST VEHICLE WITH FUNDING PROVIDED BY THE ARIZONA DEPARTMENT OF PUBLIC SAFETY,D.P.S.CONTRACT NO.91-824. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: WHEREAS,as members of the Apache Junction City Council,we are vitally interested in promoting public safety in the City of Apache Junction;and WHEREAS,the safety of citizens,visitors and the community as a whole are a primary concern to the City Council; NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction,Arizona,voicing our support for the City of Apache Junction Police Department to enter into contract with the Arizona Department of Public Safety for the purchase of an emergency support/command post vehicle,with funding provided by the Arizona Department of Public Safety,D.P.S.Contract No.91-824. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 3rd DAY OF September ,1991. SIGNED AND ATTESTED TO THIS 5th DAY OF September ,1991. ATTEST: KATHLEEN CONNELLY City Clerk GL Cilty Attorn I Thomas Damiano Mayor DPS Contract # 91-824 ARIZONA DEPARTMENT OF PUBLIC SAFETY CRIMINAL JUSTICE ENHANCEMENT FUND AWARD AGREEMENT This agreement is made under the authority of A.R.S. 41-2401 et seq. and Arizona Administrative Rules R10-4 Article 3. This agreement must be approved by the Apache Junction City Council and a copy of that approval must be provided to the Arizona Department of Public Safety. GRANTEE Agency:Apache Junction Police Department Contact:Lieutenant Louie Garcia Address:1001 North Idaho Road City:Apache Junction, AZ Zip:85219 AWARD AMOUNT BEGIN DATE END DATE $14,000.00 August 1,1991 July 31, 1992 STATUTORY PURPOSE(S): [ ]Prevent residential/commercial burglaries [x]Reduce street crime [x]Locate missing children PROJECT TITLE AND DESCRIPTION: Emergency Support/Command Post Vehicle - CJEF will provide a vehicle that will be utilized by Apache Junction and surrounding law enforcement agencies.This vehicle will enhance current capabilities to respond to criminal enforcement, search and rescue operations, medical evacuation, major crime scene situations and other tactical emergency responses. The Department of Public Safety agrees to pay the grantee the above shown sum from the Criminal Justice Enhancement Fund (CJEF) subject to the conditions provided herein. GENERAL CONDITIONS: 1.That the Criminal Justice Enhancement Fund (CJEF) monies will not be use to supplant state or local funds; 2.To expend the CJEF monies only for the purpose(s) stated above and in the budget categories and for the specific items shown in the attached budget; 1 DPS Contract # 91-824 3.To reimburse the Arizona Department of Public Safety for any unauthorized or ineligible expenditures; 4.To provide proper accounting and monitoring procedures to ensure fiscal control and efficient management of the funds; 5.To return to DPS all interest earned,recovered currency (by court action),or case expense reimbursement directly relating to the CJEF grant; 6.To provide detailed quarterly financial and project reports to the Arizona Department of Public Safety in the manner proscribed by the Arizona Department of Public Safety; 7.To provide a detailed and complete final project report within sixty days of the project end date in the manner proscribed by the Arizona Department of Public Safety; 8.That this agreement is subject to cancellation by the Governor for conflicts of interest pursuant to A.R.S. 38-511; 9.To abide by the non-discrimination requirements of Executive Order 75-5 (enclosed); 10. That the grantee is acting as an independent contractor and will indemnify and hold the Arizona Department of Public Safety harmless for the actions of the grantee's employees; 11. To use arbitration, after exhausting administrative reviews, to resolve disputes arising out of this agreement where the sole relief sought is monetary damages of 10,000 dollars or less; 12. That there are no promises or requirements other than those expressly stated in writing and signed by both parties hereto; 13. That requests for changes to this agreement shall be in writing and amendments to this agreement shall be in writing; 14. That this agreement is subject to termination by the Arizona Department of Public Safety for a lack of funds or reasonable grounds to believe the grantee has violated the terms of this agreement. Such notice of termination shall be in writing. The grantee agrees to return all remaining grant funds within thirty days of such notice of termination; 15. That this agreement may be cancelled by the grantee upon written notice to the Arizona Department of Public Safety and any unexpended CJEF funds shall be returned to the Arizona Department of Public Safety; 16. To retain all grant records and supporting documentation for a period of five years after project completion and make all records available for inspection and audit by the State upon request. APPROVED BUDGET Item Amount Equipment: One Ton Step Van (1)$14,000.00 Project Total:$14,000.00 2 DPS Contract #91-824 For The Department of Public Safety: Randy A. Sterna, Deputy Director Date Legal Section For the Grantee: Typed name William F.Mcnanipl Director of Public Safety Title o.1t4;22..__;ez Signature Date:August 6,1991 Approved as to form: (Grantee legal) 3 EXECUTIVE ORDER No;75-5 PROHIBITION O F DISCRIMINATION IN STATE CONTRACTS - NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS I, Raul H. Castro, under arid 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 govemmen t 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 o f 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.I n 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 11 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 may 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 by 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 contractor 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 3 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 Nionnin th. ST: Secretary A State