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HomeMy WebLinkAboutResolution 2010-053 american recovery act edward byrne memorial justice assistance grant program awardMARANA RESOLUTION N0.2010-53 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, THE CITIES OF SOUTH TUCSON AND TUCSON, AND THE TOWNS OF ORO VALLEY, SAHUARITA, AND MARANA FOR RECEIPT OF THE AMERICAN RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM AWARD WHEREAS the Town of Marana recognizes its duty to protect. its citizens and is empowered by A.R.S. § 9-240(B)(12) to maintain a police department; and WHEREAS the American Recovery and Reinvestment Act of 2009 (ARRA) (Public Law 111-5) and 42 U.S.C. § 3751(a) authorized special funding for the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program to assist police departments across the country; and WHEREAS the Marana Police Department is partnering with Pima County, the Cities of Tucson and South Tucson, the Towns of Oro Valley and Sahuarita, the United States Government, and other community agencies to receive funding under the ARRA JAG Program; and WHEREAS JAG funds were authorized under ARRA to support a wide variety of programs across the criminal justice system to assist with the creation and retention of jobs; and WHEREAS funding in the amount of $38,696.00 has been awarded to the Town of Marana for the purchase of a replacement motor unit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between Pima County, the Cities of South Tucson and Tucson, and the Towns of Oro Valley, Sahuarita, and Marana for Receipt of the American Recovery Act Edward Byrne Memorial Justice Assistance Grant Program award, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Town Manager is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. Marana Resolution 2010-53 1 {00021389.DOC / 2} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2010. Mayor d Honea AS TO FORM: Town Marana Resolution 2010-53 2 {00021389.DOC / 2} ' r ~ r Cert~cate of Clerk • City of Tucson • State of~rxzona County of Pima ss I, Roger W. Randolph, the duly appointed and qualified City Clerk of the City of Tucson, Arizona, do hereby certify pursuant to Tucson Code ,~ 2-I02 that the following is a true and correct copy of Exhibit A to Resolution No. 21499, an Intergovernmental Agreement, which was passed and adopted by the Mayor and Council of the City of Tucson, Arizona, at a meeting held on March 23 2010 at which °a quorum was present. ~n Witness Whereof, I have hereunto set my hand and affzxed the seal of the City of Tucson, Arizona on September 21, 2010. Total of T 4 pages City Clerk i CC~NTRACT I AM~N~M~NT N0. _ This number mast appear invoices, correspondence ~ pertaining to on all ~S and 1<NTERGOVERNMENTAL AGR + ~~'1' _ tf~is Between " Pima County, City of South Tucson, Tawn of Sahuarita, Town of Oro Valley, Town of Maraca, and the City of Tucson l~or the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (,1AG}Program Award WHEREAS, the City of'f'ucsan (herein after referred to as the "city"). Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley; `T'own of Mararia, (collectively hereinafter referred to as "Recipients"}, desire to enter into this Intergovernmental Agreement hereinafter referred to as "Agreement," an behalFaf their respective operations; and WHEREAS, the City is empowered by -its charter to enter into contracts and maintain the Tucson Police Deparfn~ent (herein aftex referred to as "TPD"} far the purposes stated herein; and is authorized by Arizona Revised Statutes § 11-952 et. seq., to enter into intergovernmental agreements, and has authorized TPD to act as fiscal agent for this agree~i~ent, and WHEREAS, the Parties ai•e authorized to enter into this agreement pursuant to Arizona q~~, Revised Statutes §1 i-53sL, and WHEREAS, the Department of Justice requires disparate jw•isdictions to enter into a Memorandum of Understanding indicating which jurisdiction will serve as the applicant/fiscal agent for tl~e joint JAG funds; and WHEREAS, The City agrees to act as tlfe~ applicant fiscal agent and provide Pima County $1,323,721,50 from the JAG award plus a proportional share of the interest earned during the life of the grant for use in eligible programs; and provide the City of South Tucson $92,388 from the JAG award plus a proportional share of the interest earned during the life of the grant for use in eligible programs; and provide the Town of Sahuarita $13,701 from the JAG City Clerk File Note: Town of Sahuarita Contxact Number CO10-0005 RWIt:SM:dsc 9/22/10 CI7`"1' ~F Tt~Ft~soi~ Cols°T~~cT too. 16536 txtiibit A to ~ tzrsot.il'cION i~o. 21499 Q ~~ award plus a proportional share of the interest earned during the life of the grant far use in eligible programs; and provide The Town of Oro Valley $14,256 from the JAG award plus a proportional share of the interest earned during the life of the grant for use in eligible programs; and provide the Town of Marana $38,69b from the JAG award plus a proportional share of the interest earned during the life of the grant for use in eligible program. WHEREAS, the Pima County Attorney's Office {PCAO} will use their portion of $661,862.25 plus interest earned to fund salary and employee related expenses for criminal prosecution positions; and WHEREAS, the Pima County Sheriff's Department (PCSD) will apply its allocation ($661,862.25) towards technological applications to increased operational capabilities in order to support the current release of PCSD criminal justice information resource including upgrades to current server, network and user authentication systems; and WHEREAS, the City of South Tucson Police Department will apply its allocation {$92,388) towards purchasing a replacement patrol vehicle, purchase replacements for Officer safety equipment, increasing functionality of current Information Technology (IT) equipment by deploying printers and computers, replace aging IT equipment (PC's/monitors), purchase 50 user licenses allowing the Department to upgrade its GroupWise Email system from version 5 to version 8 {current). And apply remaining funds to the purchase of one more Mobile Tactical Computers for a current Patrol Vehicle; and WHEREAS, the Town of Sahuarita Police Department will apply its allocation ($13,701) towards purchasing four radios, tactical flashlights, and one pair of handcuffs to replace malfunctioning units and to help keep force strength adequately supplied in the field; and z WHEREAS, the Town of Oro Valley Police Department will apply its allocation ($14,256) to purchase of doors, equipment, and hardware as paM of an overall Town strategy to enhance officer safety and equipment security while increasing the ability to respond to calls; and WHEREAS, the Town of Marano Police Department will apply its allocation ($38,696} to purchase a replacement Police Motor Unit with associated equipment to help keep force strength in the field. WHEREAS, it is in the parties best interests to reallocate the JAG funds. NOW, THEREFORE, in consideration of the mutual representations and covenants set forth herein, the parties hereby agree as follows: ARTICLE I. PURPOSE The purpose of this Agreement is to establish the responsibilities of the parties with respect to the fiscal management of funds provided under the JAG. This agreement sets forth the responsibilities of the parties herein and conditions under which the agreement shall be executed. ARTICLE II. DURATION AND EFFECTIVE DATE The term of this agreement shall be from March 1, 2009 to February 28, 2013, which corresponds to the term for primary sources of federal funding for the agreement activities. The term may be extended by action of the parties if additional funding is obtained. ARTICLE III. OBLIGATIONS A. Role of the Recipients I) To, manage the resources purchased and maintained with the funds provided to each respective party. 3 2) To insure that all reimbursed costs meet the guidelines under which the JAG Program was awarded. 3} Ta provide documentation to the fiscal agent to support reimbursement of grant-funded expenditures incurred by each respective party on a monthly basis. Such documentation shall meet the criteria established by the fiscal agent. Role of the City: 1} To act as the fiscal agent for the JAG Program and to maintain all financial retards associated with grant expenditures. 2) To insure that all expenditures charged to the JAG Program are in accordance with federal guidelines. 3) To furnish the Recipients with the criteria necessary for those agencies to receive reimbursement. 4) To provide reimbursement to the Recipients as described in the recitals within'3U days of receipt of proper supporting documentation of grant- related expenditures. B. Relationships of Parties: t) Each party shall appoint and identify a contact person for the exchange of information and resoiutian of any issues arising under this Agreement. Each party agrees to inform the other of the name and telephone number of such contact person and to exchange any other 4 information relevant thereto in order that the function may be performed. 2) The parties to this Agreement may jointly develop such Memoranda of Understanding to address the specifics of daily operations and training as may be necessary to implement the conditions of this Agreement. Any changes to such Memoranda of Understanding may be made by mutual agreement of the parties without the need for modifying the terms of this Agreement. 3} Each party is solely responsible for insuring that its grant-reimbursable expenditures comply with the policies and procedures required under the JAG Program award. Should any one of the Recipients incur expenditures that are deemed improper under the JAG Program guidelines and a reimbursement to the City is required, the recipient incurring the original expenditures shall be solely responsible for that reimbursement. No other party to this Agreement will be liable for any part of that reimbursement obligation incurred by the offending party. ARTICLE IV. INDEMNIFICATION AND INSURANCE Recipients agree to indemnify and hold harmless the City from all injuries to persons or property caused by acts or omissions of the Recipients or its agents arising out of the Recipient's activities under this Agreement to the extent permissible by law. In the event of concurrent 5 liability, the Recipients shalt have the right of contribution from one another in proportion to the respective liability of each Recipient. ARTICLE V. TERMINATION This Agreement may be terminated in whole or in part as to any party hereto on notice by that party given in writing to the other parties not less than thirty (30} days in advance of the contemplated termination. ARTICLE VI. MISCELLANEOUS A. Nothing in this Agreement shall be construed as either limiting or extending the lawful jurisdiction of any party hereto other than as expressly set forth herein. B. The parties agree that should a dispute arise between them, in any manner, and said dispute involves the sum of Ten thousand Doklars ($10,000) or less in monetary damages only, exclusive of interest, cost or attorney's fees, the parties will submit the matter to Binding Arbitration and the decision of the arbitrator(s) shall be binding upon the parties. C. This Agreement is solely for the use and benefit of the parties thereto, and is not intended to confer rights or benefits on any third parties that would not exist in the absence of this Agreement. D. Non-Appropriation. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the City of Tucson does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, the City of Tucson shall have no further obligation 6 to the Recipients other than for payment with 3AG Program funds for services rendered prior to cancellation. E. Legal Authority. tf a court, at the request of a third person, should declare that any party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by any party against another for-lack of performance or otherwise. F. Worker's Compensation. The parties steal! comply with the notice of A.R.S. 23- 1022(E}. For purposes of A.R.S. 23-1022, each party shall be considered the primary employer of ail personnel currently or hereafter employed by that party, irrespective of the operations in place, and said party shall have the safe responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. G. Counterparts -- This Agreement may be executed in one or more counterparts, and each such counterpart hereof steal! be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. H. Entire Agreement. This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties. 7 A.R.S. § 41-4401 prohibits government entities from entering into an agreement with any other government entity contractor or subcontractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, each Party agrees that: 1) Party and each subcontractor it uses warrants its compliance with all Federal immigration laws and regulations that relate to its employees and its compliance with § 23-214, subsection A, 2) A breach of a warranty under paragraph I shall be deemed a material breach of the Agreement and is subject to penalties up to and including termination of the Agreement. 3) Each party retains the legal right to inspect the papers of the party or subcontractor employee{s) who work{s} on this Agreement to ensure that party or subcontractor is complying with the warranty under paragraph 1. J. Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, each party certifies that it does not have a scrutinized business operation, as defined in A.R.S. §§ 35-391 and 35- 393, in either Sudan or Iran. In Witness Whereof, the City of Tucson has caused this Agreement to be executed by its Mayor upon resolution of the Mayor and Council and attested by its Clerk, Pima County has caused this Agreement to be executed by the Chair of the Board of Supervisors upon resolution of the Board and attested by the Clerk of the Board, the City of South Tucson has caused this Agreement to be executed by its Mayor upon resolution of the Mayor and Council and attested by its Clerk, the Town of Oro Valley has caused this Agreement to be executed by its Interim Town Manager and attested to by its Town Clerk, the Town of Sahuarita has caused this Agreement to be executed by its Town Manager and attested by its Town Clerk, and the Town of Marana has caused this Agreement to be executed by its Town Manager and attested by its Town Clerk. S INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson Far the American Recovery Act Edward Byrne Memarial Justice Assistance Grant (JAG) Program Award CITY OF ON, AZ Robert E. Walkup Mayor Attest: City Clerk March 23, 20].0 March 23, 2010 Date Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-U952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. City of Tucson: __., . ,~..~ I2 City Attorney Date INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Ora Valley, Tawn of Marana, and the City of Tucson For the Amierican Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG} Program Award O Pima County: Ra~hon Valadez, Chairman ~~ Date Board of Supervisors Attest: Clerl; of Board of Supervisors MAY D 4 201a Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-0952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. ~ ~~ County Atto ey Date io INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant {JAG) Program Award CITY OF SOUTH TUCSON Je f r ckstrom Ma o Og • ~~. Zo ~ 0 Date Attest: City Clerk Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. I 1-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. City of South Tucson: City Attorney ~z~~~ Date li INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award TOWN F ORO V LEY J ne Watson Interim Town Manager Attest: ~~e~i To Clerk ate Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. Town of Oro Valley: ~ ~ ~~a Town Attorney Date 12 INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award TOWN OF SAHUARITA ~~~9~~ - Date Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. Town of Sahuarita: a~ To Attorney p~2~la Date 13 ~~~ James table ' Town Manager y _,. INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG} Program Award TOWN OF MARANA Gilb rt Davidson Town Manager Attest: Town Clerk Date Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. Town of Marana: ` ~ ~~ ~ Tow ttorney Date 14