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HomeMy WebLinkAboutResolution 2005-062 renewal of IGA with pima county to fund the employee costs associated with officer assigned to the Counter Narcotics Alliance MARANA RESOLUTION NO. 2005-62 RELATING TO THE POLICE DEPARTMENT; AUTHORIZING THE RENEWAL OF AN IN- TERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANAPOLICE DEPARTMENT TO FUND THE EMPLOYEE COSTS ASSOCIATED WITH ONE MARANA OFFICER ASSIGNED TO THE COUNTER NARCOTICS ALLIANCE. WHEREAS, the Town of Maran a and Pima County desire to establish certain guidelines for the disbursement of funds from the Federal grant that reimburses the Town employee costs associated with the above-stated program; and WHEREAS, the Mayor and Council of the Town of Maran a 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, that the intergovernmental agreement between the Town of Maran a and Pima County, attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap- proved, and the Police Chief is hereby authorized to execute it for and on behalf of the Town ofMa- rana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the aforementioned intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Maran a, Arizona, this 7th day of June, 2005. ~ #tfI1J (}- Mayor Honea ATTEST: ~,\"Ut'í'/~ ~_\.OF ~ ~~~,'''I''''""", ~ :::pl~RPORATE\. ~ _r-:! 000 .. _ - - = - :: i.SEALS ;: ~.~ "oil..., ~ ~ '- s; ~ "f ~"/IIII"\·~ ~ ~ Fi,Z ,\~I'~ ~/ I,il\\\\~ -........ ~ ,..,"" ...,,,,- c 0 I~ r t\ 1\ C T NO. ~/II- 1Jl. /}t (;9"/~6f AMENDMENT NO. ____ Marana Police Department This ~umber must ;~:~ar invoices. corres:CJr:e':e documents :€r~a,~;r; to contract. on all and this ARIZONA ALLIANCE PLANNING COMMITTEE (AAPC) HIDT A EXECUTIVE BOARD INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND MEMBER AGENCIES OF THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDT A XV) Whereas, the office of National Drug Control Policy (ONDCP) has awarded $10,104,040 to the Pima County Sheriff s Department, a department of Pima County, a corporate and body politic of the State of Arizona. Whereas, the grant money is to be allocated to member agencies of the Arizona Southwest Border HIDT A Program to be spent in accordance with (ONDCP) guidelines. Whereas, the PIMA COUNTY SHERIFF'S DEPARTMENT (hereinafter referred to as PCSD), a member of the HIDT A Program, is willing to act as the administrator of the grant funds. This agreement is made by and between PIMA COUNTY through the PCSD, and the Marana Police Department, hereinafter referred to as the GRANTEE. PIMA COUNTY is authorized to enter this agreement pursuant to A.R.S 11-201, 11-251 and 11-951 through 11-954. Now, THEREFORE, it is agreed between the parties as follows: GRANTEE: Any State or Local agency in the State of Arizona who is a recipient of HIDT A 2005 Grants. BOARD: Defined as the Members of the Arizona HIDT A Executive Committee and its Executive staff defined as the Arizona Alliance Planning Committee. The day-to-day compliance and review of HIDT A initiatives within the State of Arizona will be carried out by the staff of the Arizona Alliance Planning Committee (AAPC) at the direction of the Arizona HIDT A Executive Committee (AHEC). ADMINISTRATOR: The accounting section of the Pima County Sheriffs Department will handle the processing of vouchers for payment or reimbursement to the GRANTEES. 1. This agreement is effective October 1,2004 and will terminate on September 30, 2006. Expenditures made on or after October 1, 2004 are eligible for reimbursement. This HIDT A Program grant expires at the end of the agreement period, unless prior written approval for an extension has been obtained from the Administrator/PCSD. This decision will be made by the PCSD after consultation with the BOARD. Any extensions will be contingent upon approval by cognizant federal authorities of an extension of the HIDTA grant award number 15PSAP549 between the Office of National Drug Control Policy (ONDCP) and PCSD. The GRANTEE agrees to return any unexpended funds to the BOARD within 60 days ofthe expiration ofthis grant. 2. The GRANTEE agrees that HIDTA Program grant funds shall be used to support and enhance activities intended to deter, investigate, and/or prosecute drug offenders. Grant funds will not be used to supplant State and/or local funds that would otherwise be made available for such purposes. 3. The GRANTEE shall operate in a manner consistent with, and in compliance with, the provisions and stipulations of the approved HIDT A Program grant and this agreement. If the Administrator/PCSD finds non-compliance, the GRANTEE will receive a formal 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 calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the Administrator/PCSD may suspend funding or permanently terminate the agreement or revoke the grant. Any deviations or failure to comply with the purpose and/or conditions ofthis agreement without the permission from the Administrator/PCSD may constitute sufficient reason for the PCSD to terminate the agreement and revoke the grant. It will also require the return of all unspent funds, require an audit of expended funds be performed at GRANTEE'S expense, and require the return of any previously expended funds which are deemed to have been spent in violation of the purposes and conditions of the grant. 4. The approved program budget is shown below. The GRANTEE may make budget adjustments of up to ten percent of the total budget of the grantee in any approved initiative after notification in writing to the staff of the Arizona Alliance Planning Committee and the Administrator/PCSD and after receiving the signature approval from the Arizona HIDT A Director. Adjustments or reprogramming in excess of ten percent of the grantee's budget in an initiative or any reprogramming between initiatives and or agencies; in any amount, require the approval of the BOARD, the Southwest Border HIDTA Coordinator, and the Office of National Drug Control Policy. Request for budget adjustments or reprogramming must be submitted in writing to the AAPC. Approved program budgets for the Marana Police Department in HIDT A 2005 initiatives: Counter Narcotics Alliance (CNA) $46,965 Total: $46,965 5. The GRANTEE agrees to comply with the financial and administrative requirements set forth in Financial Management of HIDT A Funds, Version 2. 6. The GRANTEE agrees that it will provide accounting, auditing, and monitoring procedures to safeguard HIDT A Program grant funds and keep such records to assure proper fiscal controls, management, and the efficient disbursement of HIDT A Program grant funds. Disbursement of HIDT A Program grant funds to the GRANTEE can be on a reimbursement or advance basis. Reimbursement requests should be made on a monthly basis to the Pima County Sheriffs Department Finance Unit. Requests for reimbursement must include a detailed listing of expenditures summarized by budget category. The request must contain receipts for equipment purchases which exceed $1,000.00 in cost. Supporting documentation for all expenditures will be kept available by the GRANTEE for audit and review purposes for a period of 3 years (Ref. HIDT A Financial & Administrative Guidelines, Volume 2, J-31). Advances for expenditures may be requested to be made within a thirty-day period. The request must be signed by an authorized representative of the GRANTEE. 7. Prior to the expenditure of confidential funds, an authorized agent of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in Financial Management of HIDT A funds, Appendix F. 8. The GRANTEE agrees to submit periodic financial and performance reports to the BOARD, on forms provided by the BOARD, documenting the activities supported by the HIDT A Program grant funds and providing an assessment of the impact of those activities on drug trafficking. The reports shall be submitted at specific timetables to be determined by the BOARD and the Office of National Drug Control Policy. 9. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. The GRANTEE is required to assure such items are not duplicative or excessive, and should make market survey and obtain the best price available. The GRANTEE shall follow the same procurement policies and procedures that it uses for obtaining non-federal funds. The GRANTEE will comply with all applicable procurement laws. 10. Equipment acquired under this grant program must be used by the GRANTEE in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy (ONDCP). The GRANTEE may dispose of the original equipment when no longer needed or supported by the ONDCP. Items with a current per-unit fair market value of less than $5,000.00 may be retained or sold and the ONDCP shall have a right to an amount as stated in the Financial and Administrative Guide for Grants (OJPM7l00.0D). 11. This agreement may be modified only by a written amendment signed by persons duly authorized to enter into agreements on behalf of the PCSD 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 addresses or their agents or employees. a. If to the PCSD PIMA COUNTY SHERIFF'S DEPARTMENT 1750 East Benson Highway Tucson, Arizona 85714 Attn: Betty Cohen HIDT A Accounting Officer b. If the GRANTEE. Marana Police Department 13291 NVlthLvuAJal'nsRmld ILssS LJ. C-ivIC- ~ '}::)e,) ~lhl'S Marana, AZ 85653 4/ Attn: Chief Richard Vidaurri /'f 12. 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 the HIDT A Program grant, the GRANTEE will forward a copy of such findings to the PCSD and the BOARD. 13. The GRANTEE acknowledges that it is acting independently and that it retains sole responsibility for payment of salary of any of its employees including any hired with grant funds. Grantee agrees that it is solely responsible for the payment of all federal, state, and local taxes associated with compensation pursuant to this agreement. Grantee also agrees that it is solely responsible for worker's compensation and any other benefits due to its employees. 14. 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) arising out of the bodily injury of any person (including death) or property damage, but only to the extent that such claims are caused by the act, omission, negligence, misconduct, or other fault ofthe indemnitor, its officers, agents, employees or volunteers. 15. Grantee agrees to maintain insurance pursuant to Arizona Law. 16. "COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT. Grantee shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 USC 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36." 17. This contract is subject to the provisions of A.R.S #38-511 which provides in pertinent part:" The state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivision, 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 with respect to the subject matter of the contract. 18. All parties agree to comply with all applicable nondiscrimination requirements of ARS #41-1463, all applicable State and Federal civil rights laws, and Executive Order 99-4. 19. GRANTEE agrees to support and cooperate, to the extent possible, the missions, goals and objectives of the Arizona HIDTA Intelligence and Operations Support Center and the annual policy guidance for the High Intensity Drug Trafficking Area Program. THE SPACE BELOW IS LEFT BLANK INTENTIONALLY IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year first written: tUJ1,9 ( Approved as to form a~ as to authority granted by law (For the GRANTEE) ~\,\"rr':"l ~ OF~ ~ ~. ~~\\''''''''',~ ~ -, ~ s: ~-...~ ~~~ S E/cORPORATf\~~ _= 000:::_ = iSEALi :: .-'!~. iII-- ~ ~ ~ ~ ~ "1 ~11"1l"\\~ ~ ~/fi'Z. ,\9 ,\~ -'IIIUl\\. r;~ a .5:>'/~ /' 7?'''w /17'77//rf7 tatutory or other legal authority to enter into this agreement: (grantee) 4/11' f' f~ L f"1/ o~~/ /// J j" //r 1SZ . /?77P-::>r:' Qd~(!/~/ 7i<v,</ ~ FOR THE G~NTOR: ~pprOVed a 0 form and as to authority granted hy law ~~ Deputy C y Attorney, PIma County For the Pima Cou ty Board of Supervisors ~~ AU~ t1. ~ Attest: LfUuVl>> dr, ~ Clerk of tlie B~ ' 03,Q4fOS 09:04 PM Sefver: HTTP://FIN'NEB.h1d1a.nat User: aooraoom AppSet:HIDTA Application: GRANTMANAGEMENT FY 2005 - SWB Arizona HI DT A Approved Budget - Pima County Sheriffs Department (15PSAP549Z) Initiative - Pima Cnl}lTucson Metro Counter Narc Alliance (CNA) Resource Recipient - Marana Pollee Department Personnel Position # Positions Subtotal Total Personnel Administrative staff Analyst - Criminal Analyst - Intelligence Analyst - Program Attorney Coordinator Counselor Director Director - Deputy Director -Investigative Support Center Director - Demand Reduction Financial Manager Financial staff Information Technology Manager Information Technology staff investigative - Law Enforcement Officer 1.00 37,572 Investigative - support Paralegal & support Specialist Therapist Training Coordinator Training staff 2004 Reprogram Adjustment - Personnel Total Personnel 37,572 Fringe Benefits Name/Position Subtotal Total Benefits Administrative staff Analyst - Criminal Analyst - Intelligence Analyst - Program Attorney Coordinator Counselor Director Director - Deputy Director - Investigative Support Center Director - Demand Reduction Financial Manager Financial staff Information Technology Manager Information Technology staff Investigative - Law Enforcement Officer 9,393.00 9,393 Investigative - support Paralegal & support Specialist Therapist Training Coordinator Training staff Overtime 2004 Reprogram Adjustment - Fringe Total Frlnoe Benefits 9,393 Overtime Position # Positions Subtotal Total Overtime Investigative - Law Enforcement Officer Support 2004 Reprogram Adjustment - Overtime Total Overtime Travel Purpose # Positions Subtotal Total Travel Administrative Investigative Training 2004 Reprogram Adjustment - Travel Total Travel Facilities DescrlDtion # Leases Subtotal Total Facilities Improvements Lease Support Utilities 2004 Reprogram Adjustment - Facilities Total Facilities 53 of 138 03..woS 09:04 PM Server: HITP:J/FINWEB.hIdta.net User: andradem AppSet:HIDTA Application: GRANTMANAGEMENT FY 2005 - SWB Arizona HIDT A Approved Budget. Pima County Sheriff's Department (15PSAP549Z) Initiative. Pima CntylTueson Metro Counter Narc Alliance (eNA) Resource Recipient ~ Marana Police Department Services Deserintlon and Quantltv # Services Subtotal Total Services Aviation Communications - data lines Communications - mobile phones & pagers Communications - office phones Contractor - Administrative staff Contractor - Analyst - Criminal Contractor. Analyst. Intelligence Contractor - Analyst. Program Contractor - Attorney Contractor - Coordinator Contractor - Counselor Contractor - Director Contractor - Director - Deputy Contractor - Director - ISC Contractor - Director - Demand Reduction Contractor - Financial Manager Contractor - Financial staff Contractor -Information Technology Manager Contractor - Information Technology staff Contractor - Investigative - LEO Contractor -Investigative - support Contractor - Paralegal & support Contractor - Specialist Contractor - Therapist Contractor - Training Coordinator Contractor - Training staff Deconfliction services Equipment rentals Insurance Insurance - Director's liability Investigative services Prtnting & document support Service contracts Service contracts: treatmenUpreventionldemand red Shipping & postage Software - maintenance Subscrtptlons - database Subscrtptlons - publications Training Vehicle allowance Vehicle lease - passenger Vehicle iease - specialty 2004 Reprogram Adjustment - Services Total Services Equipment Descrintion # Enuinment Subtotal Total Eouloment Communications - data lines Communications - mobile phones & pagers Communications - office phones Communications - radios Computers - desktop, laptop & notebook Computers - networking devices Computers. pertpherals & prtnters Offioo . furniture Office - machines Technical investigative equipment Technical investigative equipment - audio Technical investigative equipment - visual Vehicles - passenger 2004 Reprogram Adjustment - Equipment Total Enulnment Supplies Deserlntlon investigative/operational Treatment, prevention, demand reduction Office Software - licenses 2004 Reprogram Adjustment - Supplies Subtotal Total Sunnlies Total Other Deserlntlon Administrative costs PEIPIIPS 2004 Reprogram Adjustment - Other Subtotal Total Other Total Total Budget 46,965 I