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HomeMy WebLinkAbout02/07/2006 Blue Sheet 2005 Homeland Security Grant Program TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: February 7, 2006 AGENDA ITEM: I. 12 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2006-24: Relating to the Police Department; approving and authorizing the execution of an intergovernmental agreement with the Arizona Division of Emergency Management for purposes of receiving funds under the 2005 Homeland Security Grant Program. DISCUSSION In accordance with the requirements of the 2005 Homeland Security Grant Program, the Arizona Division of Emergency Management has obligated funds to the Town of Marana in the amount of $20,000 for Interoperable Communication. To receive these grant monies, the Town must execute an intergovernmental agreement acknowledging that funds received under this grant will be used before March 31, 2007. ATTACHMENT Intergovernmental agreement for the provision of grant funds to Arizona state agencies. RECOMMENDATION Staff recommends approval for the Chief of Police of the Marana Police Department to execute the intergovernmental agreement. SUGGESTED MOTION I move to approve Resolution No. 2006-24. Homeland Security (ADEM 2006 01/30/06 MARANA RESOLUTION NO. 2006-24 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DIVISION OF EMERGENCY MANAGEMENT FOR PURPOSES OF RECEIVING FUNDS UNDER THE 2005 HOMELAND SECURITY GRANT PROGRAM. WHEREAS, the Town of Marana recognizes its duty to protect its citizens concerning issues involving Homeland Security through effective police powers; and WHEREAS, intergovernmental agreements for joint or cooperative action are authorized by A.R.S. S 11-952; and WHEREAS, under the terms of the 2005 Homeland Security Grant Program, upon execution of an intergovernmental agreement, the Town of Marana is eligible to receive funds in the amount of $20,000 from the Arizona Division of Emergency Management. NOW, THEREFORE, BE IT RESOLVED the Mayor and Council of the Town of Marana, Pima County, Arizona, that the Chief of Police is authorized to execute the intergovernmental agreement between the Town and the Arizona Division of Emergency Management, attached as Exhibit A, to allow for the distribution of said monies in accordance with the terms of the 2005 Homeland Security Grant Program. PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana, Pima County, Arizona, this ih day of February, 2006. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney /Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs For the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes This agreement, pursuant to A.R.S. ~ 11-951 et seq., is entered between the State of Arizona, Division of Emergency Management (ADEM) and ~t'wn I7f flllU'~ , an Agency of the State of Arizona (Sub-grantee). This agreement shall b effective on the date signed by both parties. This agreement shall be in effect for one (1) year and shall automatically renew for one (1) year periods from effective date unless either party hereto gives written notice of intent not to renew agreement to the other party hereto thirty (30) days prior to the end of the one year period. This agreement shall apply to funds provided by or through the State to the Sub-grantee, pursuant to the United States Department of Homeland Security, Office for Domestic Preparedness, for all fiscal years, Public Law 108-11, 107-56, and 107-296. A. The Sub-grantee certifies that: 1. The recitals set forth above and the Sub-grantees certifications in paragraphs 2 through 13 below are incorporated into the agreement set forth in Sections B through I below as if set forth in their entirety. 2. The 1$1 vr\, tit fJvt(P..NJJ , a state agency, has legal authority to apply for funds on behaff of the Sub-grantee. 3. Federal funds under this award will be used to supplement but not supplant state or local funds. 4. The sub-grantee shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving US DHS/ODP funds. 5. The Sub-grantee shall use US DHS/ODP funds solely for planning, administrative, training, exercise and when applicable for the purchase of US DHS/ODP authorized equipment. 6. The Sub-grantee shall establish and maintain a proper accounting system to record expenditures of grant funds in accordance with generally accepted accounting standards or as directed by ADEM. 7. The Sub-grantee shall return to the State, within two months of such request by ADEM, any partial reimbursement not supported by audit or other State review of documentation maintained by the Sub-grantee. 8. The Sub-grantee shall comply with all applicable provisions of State law and regulation in regard to procurement of goods and services. 9. The Sub-grantee shall comply with provisions of the Hatch Act limiting the political activities of public employees. 10. The Sub-grantee shall not enter into any contract with any party that is debarred or suspended from participating in State programs. 11. In accordance with the provisions of Section 319 of Public Law 101-121, and implementing regulations at 44 CFR Part 19, the State is responsible for obtaining from state agencies and political subdivisions (Sub-grantees), contractors and subcontractors under this contract the requisite "Certification Regarding Lobbying" and "New Restriction on Lobbying" (44 CFR Part 18) for each grant. The Sub-grantee is responsible for filing these certification and disclosure forms with the State. 12. In accordance with the Drug free Workplace Act of 1988 and implementing regulations, the Sub-grantee will provide the State a "Certification Regarding Drug-Free Workplace Requirements". 13. The Catalog Number of Federal Domestic Assistance (CFDA) for this grant is 16.007. B. The Sub-grantee agrees to: 1. Comply with applicable state and federal program laws, Executive Orders, regulations, OMB Circulars, and the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. Compy with the organizational audit requirements OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19 (www.oip.usdoi.gov/FinGuide). 3. Submit a final financial status report to ADEM Homeland Security Grant Administrator, any required performance reports, a request to close the program, and any other required forms and certifications within 90 days of completion of grant activities. 4. Complete all activities related to funds within the time period prescribed in US DHS regulations and on the obligating documents. Written request for an extension will include information and documentation to support the amendment and a schedule for completion. 5. Submit quarterly status reports and closeout reports until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. Extensions will be granted due to conditions/causes that are beyond Sub-grantee's control. C. Payment 1. In Accordance with US DHS/ODP Grant Guidelines reimbursement will be the method for disbursement of funds. D. Non-Availability of Funds Every payment obligation of the State is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by ADEM at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the ADEM shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. E. Audit of Records The Sub-grantee shall retain all data, books and other records ("records") relating to this Agreement for a period of three years after completion of the Agreement. All records shall be subject to inspection and audit by ADEM at reasonable times. Upon request, the Sub-grantee shall produce the original of any or all such records. F. Interest Earned Sub-grantees shall account for interest earned on Federal funds. Interest earned shall be returned to the State Administering Agency, ADEM which shall in turn return the funds to the US DHS/ODP. G. Cancellation for Conflict of Interest Pursuant to ARS 38-511, the state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made y the state, its political subdivisions, 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 extension of the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. A cancellation made pursuant to this provision shall be effective when the Sub-grantee receives written notice of the cancellation unless the notice specifies a later time. H. Civil Rights 1. All recipients of federal grant funds are required to comply with nondiscrimination requirements contained in various federal laws. All Sub- grantees should consult the assurances to review the applicable legal and administrative requirements of the statute that governs OIP-funded programs or activities. Section 809 (c)(l), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d) of the Act provides that "no person in any state shall on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or activity" in which federal law enforcement assistance is provided under this chapter. Recipients of assistance under the US DHS/ODP support are subject to the provisions of Section 809( c) of the Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; and the US Department of Justice Non-Discrimination Regulations, 28 CFR part 42, subparts C, D, E, and G. 2. If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability, or age against a recipient of funds after a due process hearing, the recipient must agree to forward a copy of the finding to the Office of Civil Rights. If the Sub-grantee is applying for a grant of $500,000 or more, US Department of Justice regulations (28 CFR 42.301) require an Equal Employment Opportunity Plan. The plan should be included with the application submission if it is not already on file. 3. In accordance with Assurance No. 15, each Sub-grantee that receives $500,000 or more (or $1,000,000 in an 18-month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP) within 60 days of award to OCR at the US Department of Justice, Office of Civil Rights, 810 Seventh Street, NW, Room 8136, Washington, DC 20531. 4. Alternatively, the Sub-grantee may choose to complete an EEOP Short Form, in lieu of sending it own comprehensive EEOP, and return it to OCR within 60 eday of the date of this letter. This easy-to-follow EEOP short Form dreduces paperwork and preparation ime considerably and will ensure a quicker OCR review and approval. The Seven-Step Guide to the Design and Development of an EEIOP will assist you in completing this requirement. The Seven-Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Internet (www.oip. USDOJ .gov Iocr). 5. If any agency has under 50 employees, regardless of amount of award, no EEOP is required; however, Sub-grantee must return applicable portion of Certification Form to OCR within 60 days of award. This Certification orm may also be downloaded from OCR's home page on the Internet. Pursuant to the special conditions regarding EEOPs governing this award, recipient acknowledges that failure to submit an acceptable EEOP is a violation of its certified assurances and may result in suspension of draw down of funds until EEOP has been approved by the OCR. Additional Instructions For Sub-grantees Receiving $25,000 or More, but Under $500,000: Pursuant to Department of Justice regulations, each Sub-grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the sub-grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR). Please complete the applicable section of the Certification Form and return it to OCR within 60 days of award. Additional Instructions For Sub-grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Sub-grantees. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. The employment practices of certain Indian Tribes are not covered by Title VII ofthe Civil Rights Act of 1964, 42 USC Section 2000e. Additional information and technical assistance on the civil rights obligations of grantees and Sub-grantees can be found at: www.ojo.usdoj.gov/ocr. I. Arbitration The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by ARS 12-1518 except as may be required by other applicable statutes. Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs For the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes Agreement Signature Page Signed for the Sub-grantee: Signature Richard Vidaurri, Chief of Police Date Attestee Jocelyn Bronson, Town Clerk Town of Marana Agency Date 11555 W. Civic Center Drive Address Marana AZ 856S3 City Zip Code Signed for the State Administering Agency: Frank F. Navarrete, Director Arizona Division of Emergency Management Arizona Office of Homeland Security Date