Loading...
HomeMy WebLinkAboutReso 91-347 - Approve & authorize mayor to sign MOU for Grant No. 91-84 Between COR & McConnell Foundation for RPD F.A.T.S II & Authorize purchase of a Fats II System from Firearms training systems inc RESOLUTION NO. 91-,34 -7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE MEMORANDUM OF AGREEMENT FOR GRANT NO. 91-84 BETWEEN THE CITY OF REDDING AND THE McCONNELL FOUNDATION FOR THE PROJECT ENTITLED REDDING POLICE DEPARTMENT F.A.T.S. II; AND AUTHORIZING THE PURCHASE OF A FATS II SYSTEM FROM FIREARMS TRAINING SYSTEMS, INC. PURSUANT TO REDDING MUNICIPAL CODE SECTION 4.20.080 A.2.. WHEREAS, the Redding Police Department submitted an application for funding from The McConnell Foundation to equip the Department with a computer software simulated firearms training system known as FATS II ; and WHEREAS, The McConnell Foundation accepted the proposal for funding in an amount not to exceed $61,700. 00; Grant No. 91-84; and WHEREAS, the FATS II system, which is currently in use in over 200 law enforcement agencies, is only available from Firearms Training Systems, Inc. , based in Norcross, GA; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . The City Council of the City of Redding hereby approves the Memorandum of Agreement covering Grant No. 91-84 entered into by and between the City of Redding and The McConnell Foundation, a true copy of which is attached hereto and incorporated herein by reference. 2 . The Mayor of the City of Redding is hereby authorized and directed to sign said Memorandum of Agreement, together with any other documentation required in connection with the purchase of the FATS II system, on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. _ W V 3 . Pursuant to Redding Municipal Code Section 4 .20 . 080 A. 2. , City Council hereby authorizes the purchase of the FATS II system from Firearms Training Systems, Inc. , Norfolk, GA, in the amount of $62,200. 00. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 20th day of August , 1991, and was duly adopted at said meeting by the following vote: AYES• COUNCIL MEMBERS• Arness, Buffun, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: e-,�2zz ETHEL A. NICHOLS, City Clerk O PROVED: R DALL A. HAYS, Ci y Attorney 2 MEMORANDUM OF AGREEMWiT Grant Number 91-84 THIS MEMORANDUM OF AGREEMENT is made and entered into as of the date of execution, by and between The McConnell Foundation ("Foundation") and City of Redding ("Grantee"). Foundation agrees to make a grant to Grantee for an amount not to exceed $61,700 for a project entitled Redding Police Department - FATS. H ("Project"). The Project to be performed by Grantee is subject to the following Agreement: A. Grant Fund,,- (1) unds(1) Foundation will disburse grant funds for the Project to Grantee on a schedule to be determined between Foundation and Grantee. (2) Grantee shall be responsible for disbursing funds for the Project including any accrued interest on undisbursed funds, in payment of costs as provided in Proposal dated May 17, 1991 ("Proposal"). (3) Any sums not used by Grantee for the purpose of the Project remain the property of the Foundation and shall be returned to the Foundation at the conclusion of the Project. B. Responsibilities of Grantee Grantee is responsible: (1) To perform Project as outlined in the Proposal. (2) To complete the Project on or before December 31, 1992. Should the Project require additional time, Grantee shall request, in writing, an extension from the Foundation. (3) To provide any information to Foundation as it shall request for purposes of Foundation's administrative function. (4) To provide Foundation with written narrative and financial grant status reports regarding the Project on or before each June 30 and December 31 until the project is completed, and a final report upon completion. Grantee representative responsible for submittal of grant status reports will be (Name) (Address) (Phone Number) Memorandum of Agreement Grant Number 91-84 Page 2 of 3 (5) To indemnify and hold harmless Foundation against and from all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses, including reasonable attorney's fees due to the fault of, caused by or resulting from the.acts or failure to act of Grantee hereunder, which may be imposed upon, incurred by, or asserted against Grantee and.Foundation relating to the Project or results of the Project.: In case any proceeding is - brought against Foundation by reason of any such claim, Grantee, upon written notice from Foundation shall, at Grantee's expense, resist or defend such action or proceeding by counsel approved by Foundation in writing. (6) Grantee assures Foundation it is an organization exempt under the United States Internal Revenue Code Section 501(c)(3), or is a government entity or subdivision thereof, and that should Grantee receive any notification of a pending or actual change in its tax status during the term of this grant it will immediately notify Foundation. C. Mutual Agreement The parties mutually agree that: (1) Any property or equipment purchased with funds provided by this grant will not be used by any person or entity for private benefit, but will instead be used exclusively for the approved purposes of the Project. (2) That the grant does not create a principal-agent relationship of any type between any parties hereto and that no party will, by act of omission or commission, foster any belief on the part of third parties that such relationship exists. (3) That all publicity associated with the Project will clearly identify The McConnell Foundation as the funding source per the following statement: "This project is funded by The McConnell Foundation, Redding, California. The McConnell Foundation is a private, nonprofit organization whose mission is to promote innovative projects." Memorandum of Agreement Giant Number 91-84 Page 3 of 3 (4) That all expenditures, including accrued interest, will be consistent with the Project budget described in the Grantee's proposal. Any budget line item fluctuation in excess of-ten percent (10%) will be submitted to the Foundation.for pre-approval in writing. However, in no event will salaries be allowed to exceed the original amount as shown on the Project budget. (5) That all financial records relating to the Project will be made available, on reasonable request, for audit by Foundation personnel, or its designated representatives, at any time during the term of the Project and for a period of three years following the termination of the Project. (6) That, if Foundation is not satisfied with the progress toward achieving the goals of the grant, or if Foundation is of the opinion that Grantee is incapable of satisfactorily completing the work of the grant, then the Foundation in its sole discretion, may a. withhold payment of grant funds until the situation has been corrected, or b. declare the grant to be terminated. Prior to the time Foundation exercises its right to declare the grant to be terminated, it shall (i) provide 10 days written notice of the proposal to terminate to Grantee and shall (ii) offer Grantee a reasonable opportunity within that 10 day period to appear before appropriate representatives of Foundation and present Grantee's reasons why the proposed termination should not be made final. IN WITNESS WHEREOF, we have hereunto set our hands the date and year first above written. The McConnell Foundation By: Lee W. Salter, Executive Director Date City of Redding By: (signature) (title) Date