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HomeMy WebLinkAboutResolution 2000-008 IGA for HIDTAMARANA RESOLUTION NO. 2000-08 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE ADMINISTERING. AND DISBURS~ OF FUNDS FROM THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA X). _. WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Office of National Drug Control Policy (ONDCP) has awarded $9,269,822 to the Pima County Sheriffs Department to adrni_ni_ster; and WHEREAS, the Marana Police Department is a member of the H.I.D.T~A. Southwest Border Alliance; and WHEREAS, under the terms of the H.I.D.T.A. grant, the Marana Police Department may receive up to $50,511; NOW, THEREFORE, BE IT RESOLVED the Mayor and Council of the Town of Marana, Arizona authorize the Town to execute the Intergovernmental Agreement by and between the Town and Pima County, ' attached hereto as Extn~oit A, to allow for the distribution of said monies in accordance with the terms of the H.I.T.D.A. grant. .._ PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of January, 2000. ATTEST: Town Clerk ~UTTON, JR. APPROVED AS TO FORM: 12~ieJ J~ Hochul[~x I 1 As T'twn Attorney ~ not personally Marana Resolution No. 2000-08 RESOLUTION NO. 2000-56 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY SHERIFF'S DEPARTMENT ANDTHE MEMBERS OF THE SOUTHWEST BORDER ALLIANCE WHEREAS, the Pima County Board of Supervisors has entered into an agreement between the PIMA COUNTY SHERIFF'S DEPARTMENT and the OFFICE OF NATIONAL DRUG CONTROL POLICY to administer $9,269,822 in H.I.D.T.A. funds, and WHEREAS, The MARANA POLICE DEPARTMENT is a member of the H.I.D.T.A. Southwest Border Alliance, and WHEREAS, under the terms of the H.I.D.T.A. grant, The MARANA POLICE DEPARTMENT may receive up to $50,511 WHEREAS, said agreement is in the best interests of Pima County NOW, THEREFORE, it is resolved that the PIMA COUNTY SHERIFF'S DEPARTMENT distribution of said monies in accordance with the terms of the H.I.D.T.A. grant is hereby approved by the PIMA COUNTY BOARD OF SUPERVISORS. IT IS FURTHER RESOLVED that the Sheriff of Pima County or his designee is empowered to sign any and all documents to effectuate the attached agreement. DATED this. 21st day of March 2000. PIMA COUNTY BOARD OF SUPERVISORS Chair, Board of Supervisors ATTEST 2 Tk of the . Bol APPROVED AS.TO, FORM AA1 De?puty County Attorney CORTRACT No. ni - 11 -6 io AMENDMENT NO. This number must appear on III Invoices, correspondence so documents pertaining to this contract. Marana Police Police Department ARIZONA HIGH INTENSITY DRUG TRAFFICKING AREA HIDTA EXECUTIVE BOARD INTER-GOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND MEMBER AGENCIES OF THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA X) Whereas, the Office of National Drug Control Policy (ONDCP) has awarded $9,269,822.00 to the Pima County Sheriffs 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 HIDTA Program to be spent in accordance with (ONDCP) guidelines. Whereas, The PIMA COUNTY SHERIFFS DEPARTMENT (hereinafter referred to as PCSD), a member of the HIDTA Program, is willing to act as the administrator of the grant funds. This agreement is made on this da , by and between the PIMA COUNTY through the PCSD, and the Marana Police Police Department, hereinafter referred to as the GRANTEE. PIMA COUNTY is authorized to enter this agreement pursuant to A.R.S. sections 11-201, 11-251, and 11-951 through 11-954. DEFINITION OF TERMS: 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 HIDTA 2000 Grants. I BOARD: Defined as the Members of the Arizona HIDTA Executive Committee and its Executive staff defined as the Arizona Alliance Planning Committee. The day-to-day compliance and review of HIDTA initiatives within the State of Arizona will be carried out by the staff of the Arizona HIDTA (also known as the Arizona Alliance Planning Committee or AAPC) at the direction of the Arizona HIDTA 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, 1999 and will terminate on September 30, 2000. This HIDTA 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 IOPSAP549 between the Office of National Drug Control Policy (ONDCP) and the PCSD. The GRANTEE agrees to return any unexpended funds to the BOARD within 60 days of the expiration of this 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 HIDTA 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 deviation or failure to comply with the purpose and/or conditions of this agreement without written 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 that 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 2 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 of the Arizona HIDTA 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 Co-ordinator, and the Office of National Drug Control Policy. Requests for budget adjustments or reprogramming must be submitted in writing to the AAPC. APPROVED PROGRAM BUDGETS FOR THE MARANA POLICE DEPARTMENT HIDTA 2000 INITIATIVES: Marana Police Department: MANTIS: Total: $50,511.00 5. The GRANTEE agrees to comply with the financial and administrative requirements set forth in the effective edition of the ONDCP Financial and Administrative Guidelines. 6. The GRANTEE agrees that it will provide accounting, auditing, and monitoring procedures to safeguard HIDTA Program grant funds and keep such records to assure proper fiscal controls, management, and the efficient disbursement of HIDTA Program grant funds. Disbursement of HIDTA 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. HIDTA Financial & Administrative Guidelines of January 1997.) 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 Attachment A, paragraph #4 ONDCP financial and administrative guidelines. This signed certification shall be designated Attachment A of this agreement and incorporated herein by reference. 3 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 HIDTAPrograrn grant funds and providing an assessment of the impact of those activities on drug trafficking. The reports shall be submitted at specific time tables 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 currently available, are not duplicative or excessive, and should make market surveys and obtain the best price available. The GRANTEE shall follow the same procurement policies and procedures that it uses for obtaining non-federal funds. 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 may be retained, sold, or otherwise disposed of with no further obligation to the ONDCP. Items in excess of $5,000 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 (OJP M71 00.1 D). 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 addressees or their agents or employees. a. If to the PCSD. PIMA COUNTY SHERIFF'S DEPARTMENT 1750 E. Benson Highway Tucson, Arizona 85714 Attn: Ron Jee Finance Administrator b. If to the GRANTEE. Marana Police Department: 13291 N. Lon Adams Road Marana, Arizona 85653 Attn: Grant Administrator 4 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 HIDTA 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. Grantee agrees to indemnify, defend and hold harmless, PCSD, the Grant Administration and Pima County, its officers, departments, employees and Agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which result from any act or omission of Grantee, its agents, employees or anyone acting under its direction, control or on its behalf whether intentional or negligent. 15. Grantee agrees to maintain insurance as follows: Commercial General Liability in an amount of not less than $1 million and Automobile Liability coverage in a amount of not less than $1 million. Grantee may self -insure any of the above lines of insurance pursuant to Arizona law. If Grantee purchases commercial general liability insurance, Pima County shall be named as an additional insurance. 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 subdivisions, or any of the departments or agencies 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 contact or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. " 5 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 75-5. 18. 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. IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year first above written: 6 FOR THE GRANTEE: Approved as to form and as to authority granted by law(For the GRANTEE) WK?i CA?L? Statutory or other legal authority to enter into this agreement: (grantee) W-ROVI) jV-) 'Act r\?t - FE-n-t ir) :t V, c FOR THE GRANTOR: For the Pima County Sheriffs Department: Sianley Cheske Chief Deputy, PCSD Approved as to form and as to authority granted by law Gerard M. Guerin Deputy County Attorney, Pima County Statutory or other legal authority to enter into agreement Chairrnem+, Pima County Board of Supervisors 20M ATT 7 -f §upervIsO, clerv, 130 ' 0 P jma unty, ArizorO. ima