HomeMy WebLinkAboutResolution 2011-060 grant agreement for funding under H.I.D.T.A. MARANA RESOLUTION NO. 2011-60
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE A GRANT AGREEMENT (HT20 -10 -1711) WITH THE
CITY OF TUCSON TO RECEIVE FUNDING UNDER THE HIGH INTENSITY DRUG
TRAFFICKING AREA GRANT PROGRAM
WHEREAS the Anti -Drug Abuse Act of 1988 and the National Drug Control Policy
Reauthorization Act of 1998 authorized the Director of the Office of National Drug Control
Policy to designate areas within the United States which exhibit serious drug trafficking
problems as High Intensity Drug Trafficking Areas ( HIDTA); and
WHEREAS the Southern Arizona Counties of Cochise, La Paz, Maricopa, Mohave,
Pima, Pinal, Santa Cruz, and Yuma are designated target areas under the HIDTA Program; and
WHEREAS the HIDTA Program provides federal funding to designated HIDTA areas to
help eliminate or reduce drug trafficking and its harmful consequences; and
WHEREAS the City of Tucson has been awarded funding to coordinate efforts and
administer grants in the Southern Arizona Region on behalf of the Office of National Drug
Control Policy under the HIDTA Program; and
WHEREAS the City of Tucson has awarded grant funding to the Town of Marana to
reimburse salary and employee - related expenses for services provided in coordination with the
Pima County /Tucson Metro Counter Narcotics Alliance (CNA) funded under the HIDTA
Program between January 1, 2010 and December 31, 2011; and
WHEREAS the Marana Police Department has assigned an officer to participate with the
other community agencies as a regional partner in the HIDTA Program as part of CNA; and
WHEREAS under the terms of the HIDTA Grant Program the Town of Marana is eligible
to receive funds in the amount of $83,422.00 from the City of Tucson for participation in
HIDTA.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Grant Agreement HT20 -10 -1711 between the City of Tucson and the Town
of Marana, 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.
Marana Resolution 2011 -60 {00026825.DOC /}
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 Grant Agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 21 " day of June, 2011.
Mayor Ed Itonea
ATTEST: APPROVED AS TO FORM:
a �6 4 1yjnC nson, Town Clerk
Josidy, To ttorney
f illtj
Marana Resolution 2011 -60 2 {00026825.DOC /}
2
1'
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
GRANT AGREEMENT
COT Grant Number HT20 -10 1711
This Grant Agreement is made this 1 sT day of January 2010 by and between the CITY OF TUCSON
hereinafter called "CITY" and TOWN OF MARANA, through Marana Police Department hereinafter
called "GRANTEE ". The CITY enters into this Agreement pursuant to Its authority under the
provisions of A.R.S. g 11 -951, et seq., and the Qty of Tucson's Resolution number 21460, having
satisfied itself as to the qualification of GRANTEE;
NOW, THEREFORE, it Is agreed between the parties as follows:
1. This Agreement will commence on January 1, 2010 and terminate on December 31, 2011.
This Agreement expires at the end of the award period unless prior written approval for an
extension has been obtained from the CITY. A request for extension must be received by the
CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension
that further the goals and objectives of the program and shall determine the length of any
extension within ONDCP guidelines.
2. The GRANTEE agrees that grant funds will be used for the Pima County/Tucson Metro
County Narcotics Alliance (CNA).
3. The CITY will monitor the performance of the GRANTEE against goals and performance
standards outlined in the grant application. Sub - standard performance as determined by the
CITY will constitute non - compliance with this Agreement. The GRANTEE shall operate in a
manner consistent with and in compliance with the provisions and stipulations of the approved
grant application and this Agreement. If the CITY finds non - compliance, the GRANTEE will
receive a 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 CITY may suspend funding or permanently terminate this
Agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or
conditions of this Agreement without prior written CITY approval may constitute sufficient
reason for the CITY to terminate this Agreement, revoke the grant, require the return of all
unspent funds, perform an audit of expended funds, and require the return of any previously
spent funds which are deemed to have been spent in violation of the purpose or conditions of
this grant.
4. This Agreement may be modified only by a written amendment signed by the parties. 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 addressee or their agents or employees:
A. If to the City of Tucson:
City of Tucson Police Department
HIDTA FIDUCIARY SECTION
270 S. Stone
Tucson, Arizona 85701
Attn: HIDTA Financial Analyst
High Intensity Drug Traf kk/ng Area Grant Number H120 -10 -1711 page 2
B. If to the GRANTEE:
Marana Police Department
11555 West Chirac Center Drive
Marana, AZ 85653
Attn: Town Manager Gilbert Davidson
S. The GRANTEE may make budget adjustments only after written notification with signature
approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice
(GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or
reprogramming of the grantee's budget In an Initiative or any reprogramming between
initiative and /or agencies; in any amount, require the approval of the Board, the AZ HIDTA
Director, and/or the Office of National Drug Control Policy (ONDCP) in accordance with HIDTA
Program Policy and Budget Guidance.
APPROVED LINE ITEM PROGRAM BUDGET
Personnel:
Salaries $53,167.00
Fringe Benefits $14,260.00
Overtime $15,522.00
Travel $ 473.00
Facilities $ .00
Services $ .00
Operating Expenses: $ .00
Supplies $ AO
Other
Equipment (listed below) $ '
TOTAL $ 83,42200
See attached for budget detail
6. It is agreed and understood that the total to be paid by the CITY under this Agreement shall
not exceed $83,422.00 in Federal funds awarded to the CITY by the Office of National Drug
Control Policy. It is agreed and understood that funds will be used to support and enhance
activities in accordance with the approved HIDTA Initiative.
7. The GRANTEE understands that financial reports are required for reimbursement of
expenditures.
8. Every payment obligation of the CITY under this Agreement 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 the CITY. No liability shall accrue to the CITY In the event this provision is
exercised, and the CITY shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
9. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized
official 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 ONDCP Anandal and Administradve OWde for Cooperative
Agreements Guldellnes and Exhlblt A
Hig Intensely Drug Traff/ckeng Area Grant Number H720 -10 -1711 Page 3
10. The GRANTEE certifies that it will comply with OMB Circular A -102 Un/form Administrative
Requirements for Grants and Cooperative Agreements to State and Lana/ Governments as
codified in 28 CFR Part 66 and OMB arcular A -87 Cost Principles for Stag Local and Indian
TNbal Govemments and HIDTA Program Policy & Budget Guidance.
Link: OMBCixu/ars http:/-/www.whitehouse.gov/ombldrculars/index.htmI
11. The GRANTEE agrees to account for Interest earned on Federal grant funds and shall remit
Interest earned In excess of the allowable amount as indicated In the ONDCP F /nandal and
Administrative Gu/de for Cooperative Agreements and all unexpended grant funds to the CITY
within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to
expend all encumbered funds within 90 days of expiration of this award.
12. The GRANTEE agrees to retain all books, account reports, files and other records, (paper
and/or electronic) relating to this Agreement and the performance of this Agreement for no
less than five (5) years from the last financial report submitted to the CITY. All such
documents shall be subject to inspection and audit at reasonable times.
13. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEES
policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy.
The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program
Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment,
vehicles, and other items valued at $ 1000 or more at the time of purchase. This also includes
lower cost, high -risk items electronic devices and software, such as but not limited to digital
cameras, palm pilots, and GPS devices.
The GRANTEE agrees to abide by Section 8.06 that use HIDTA funds to purchase equipment
must maintain a current inventory of HIDTA- purchased equipment and must provide that
Inventory to the HIDTA Director or an ONDCP employee, and/or the CITY upon request. A 100 -
percent physical inventory of HIDTA - purchased equipment must be conducted at least every
two years.
14. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A -102 i
Uniform Administradve Requerwments for Grants Md Cooperative Agreements try State and
Local Governments as codified in 28 CFR, Part 66.32 (e) (1 -3) when the equipment is no
longer needed for the grant program. 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.
Link: OMB ofculars ://www. Mitehouse.ggyLomb/circulars/index.html
The GRANTEE agrees the purchasing agency shall comply with ONDCP HIDTA Program Policy
& Budget Guidance Section 8.07 In determining the end of the useful life and disposition of
HIDTA purchased equipment. Purchasing agencies must retain documentation of the
disposition and provide to the HIDTA Director and the CITY.
15. The GRANTEE agrees to keep time and attendance sheets signed by the employee and
supervisory official having first hand knowledge of the work performed by the grant funded
employees. The GRANTEE agrees to track overtime expenses In accordance with ONDCP
HIDTA Program Policy & Budget Guidance.
16. The GRANTEE will comply with the audit requirements of OMB t]rcdar A -133 Audits of States,
Local Governments and Non-profit Organlzabbns and provide the CITY with the audit report
and any findings within 90 days of receipt of such finding. If the report contains no findings,
the GRANTEE must provide notification that the audit was completed.
Link: OMB Q'rcdarA- 133 httn• /lwww whitehouse.goy /omb /circulars /index.html
High intensity Drug Trafficking Area Grant Number H720 -10 -1711 Page 4
17. The GRANTEE agrees that it will submit financial reports and supporting documentation to the
CITY through the AZ HIDTA Finance Manager on forms/format provided by the CITY,
documenting the activities supported by these grant funds. In the event reports are not
received on or before the Indicated date(s), funding will be suspended until such time as
delinquent report(s) are received. These reports are submitted according to the following
schedule:
Report Period Month of: Due Date: Report Period Month of: Due Date:
January 1 - 31 February 25 July i — 31 August 25
February 1 - 29 March 25 August 1 - 31 September 25
March 1— 30 April 25 September 1 30 October 25
October 1- 31 November 25 April 1- 30 May 25
November 1- 30 December 25 May 1- 31 June 25
December 1 - 31 Janua 25 June 1- 30 J& 25
More frequent reports may be required for GRANTEES who are considered high risk.
18. All goods and services purchased with grant funds must be received by the GRANTEE within 60
days of the expiration of this award.
19. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all
sole- source procurements In excess of $100,000, and provide written notification to the CITY,
as indicated in 21 CFR Part 1403.36(d)(4).
20. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties
Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for
Individuals, agencies, companies and corporations debarred or suspended from doing business
with recipients receiving Federal funds. The GRANTEE agrees not to do business with any
Individual, agency, company or corporation listed in the Excluded Parties Usting Service.
Link: Excluded Parties Listing System bM Wevis.arnet. ov ii
21. No funds shall be used to supplant federal, state, county or local funds that would otherwise I
be made available for such purposes. Supplanting means the deliberate reduction of State or
local funds because of the existence of Federal funds.
22. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations
to the extent that such violations concern materials or services applied by third parties to the
GRANTEE in exchange for grant funds provided under this Agreement.
23. The parties agree to use arbitration in the event of disputes In accordance with the provisions
of A.R.S. § 12 -1501 et seq.
24. The laws of the State of Arizona apply to questions arising under this Agreement and any
litigation regarding this Agreement must be maintained In Arizona courts, except as provided in
paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration.
25. The GRANTEE understands that grant funds will not be released until all required reports and
reversion of funds from the prior year grant are submitted to the CITY.
High Intensity Drug Traffrddng Area Grant Number HT2O -10 -1711 page 5
26. The GRANTEE (as "Indemnitor'l 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) (hereinafter collectively referred to as
"Claims") arising out of bodily injury of any person (including death) or property damage, but
only to the extent that such Claims which result in vicadous/derivative liability to the
Indemnitee are cased by the act, omission, negligence, misconduct, or other fault of the
Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State
agency this paragraph does not apply.
27. Unless GRANTEE Is a State agency, GRANTEE shall cause its contractor(s) and subcontractors,
If any to indemnify defend, save and hold harmless the City of Tucson, any jurisdictions or
agency issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees (hereinafter referred to as "indemniteel
from and against any and all claims, actions, liabilities, damages, losses or expenses (including
court costs, attorneys' fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or
In part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the
directors, officers, agents, or employees or subcontractors of such contractor. This indemnity
includes any claim or amount arising out of or recovered under the Worker's Compensation
Law or arising out of the failure of such contractor to conform to any federal, state, or local
law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the
parties that the Indemnitee shall, in all instances, except for Claims arising solely from the
negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor
from and against any and all claims. It is agreed that such contractor will be responsible for
primary loss investigation, defense and judgment costs where this indemnification Is applicable.
Insurance requirements for any contractor used by GRANTEE are incorporated herein by this
reference and attached to this Agreement as Exhibit "A ".
28. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent
possible and practical share criminal justice Information with other authorized criminal justice
agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41-
1750 when sharing data with other criminal justice agencies as electronic data systems are
developed or improved.
29. The GRANTEE agrees to comply with the non - discrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3769(d); Title VI of the Civil
Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle
A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education
Amendments of 1972 and the Department of 3ustice regulations 28 CFR Part 54, The Age
Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part
42, Subparts C, 0, E, G and I; Department of Justice regulations on disability discrimination 28
CFR Part 35; all applicable state laws of A.R.S. § 41 -1463; and Executive Orders 1999 -4 and
2000 -4. These laws prohibit discrimination on the basis of race, color, religion, sex and
national origin inducting Limited English Proficiency (LEP) in the delivery of service. In the
event that a Federal or State court or Federal or State administrative agency makes a finding
of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward
a copy of the findings to the Office for Civil Rights, Office of 3ustice Programs and the CITY.
High Intens/ty Drag Traf fang Area Grant Number H720-10 -1711 Page 6
30. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan
(ESOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they
have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or
certifications that they have prepared and have on file an EEOP, or that they are exempt from
EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds.
Copies of all submissions such as certifications to or correspondence with the Office for Civil
Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by
the GRANTEE.
31. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented
In 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and
67.620.
32. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and
Naturalization Form (I -9). This form is to be used by recipients to verify that persons are
eligible to work in the United States. Additionally the GRANTEE ensures compliance with
Executive Order 2005 -30 federal immigration laws by state employers and contractors.
33. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to
the CITY within ten (10) days in the event that the project official is replaced during the award
period.
34. No rights or Interest in this Agreement shall be assigned by GRANTEE without prior written
approval of the CITY.
35. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement
shall be in any way or to any extent engaged in conduct of political activities in violation of
U.S.C. Title 5, Part II, Chapter 15, Section 1502.
36. The GRANTEE certifies that it presently has no financial interest and shall not acquire any r
financial interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement.
37. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congas, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into any cooperative agreement, and for the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid
to any person for Influencing or attempting to influence an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal award, grant loan, or
cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form -
LLL, °Disclosure Form to Report Lobbying" in accordance with its Instructions
High Int+enW Drug Traf flcOng Area Grant Number H720 -10 -1711 Page 7
38. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38 -511.
39. This Agreement may be cancelled at the C TVs discretion if not returned with authorized
signatures to the CI'T'Y within 90 days of commencement of the award.
40. If any provision of this Agreement Is held invalid the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall be in full force and effect.
41. Pursuant to A.R.S. § 35 -391.06 and § 35- 393.06, the GRANTEE hereby warrant, and represent
that they do not have, and its subcontractors do not have, and during the term hereof will not
have a scrutinized business operation, as defined in A.R.S. § 35 -391 and § 35 -393, in either
Sudan or Iran.
I
Mgh Intensity Drug Trafl9cking Area Grant Number H720 -10 -1711 Page 8
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first
above written.
FOR GRANTEE:
All k*)'C�
VXX
Town Mana to
(S, 19-121 lLaL I Mal aja� pap �ac
r�
Printed Name and Title
Note: If applicable, the Agreement must be approved by the appropriate county supervisory board
or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if
applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed
Agreement.
Approved as to form and authority to enter into Agreement:
d-, -
Z7 /
Legal,06nsel for GRANTEE Date
Printed Name and Title
Statutory or other legal authority to enter into Agreement:
MuVU 12.e� \yl�i 0 2r� 11- \n0
Appropriate A.R.S., ordinance, or charter reference
F CSO
Roberto A. vllasenor, Chief of Police Date
City of Tucson Police Department
7�rr r�
Usa udge, Principal Assistant qty Attorney Date
City of Tucson Police Department
CITY OF TUCSON
GRANT AGREEMENT
Insurance Requirements !'
Exhibit "e
Insurance Requirementsfor Governmental Parties to a Grant Agreement:
None.
Insurance Regwirementsfor Any Contractors Used by a Party to the Grant Agreement:
(Note. this applies only to Contractors used by a governmental entity, not to the governmental entity
itself.) The Insurance requirements herein are minimum requirements and In no way limit the indemnity
covenants contained In the Intergovernmental Agreement. The City of Tucson in no way warrants that
the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from
liabilities that might arise out of the performance of the work under this Contract by the Contractor, his
agents, representatives, employees or subcontractors, and Contractor and the governmental entity are
free to purchase additional insurance.
A. MINIMUM SCOPE etyD LIMITS OF INSURANCE: Contractor shall provide coverage with limits
of liability not less than those stated below.
1. Commercial General Liability — Occurrence Form
Policy shall include bodily injury, property damage, personal injury and broad form
contractual liability.
General Aggregate $2,000,000
Products — Completed Operations Aggregate $1,000,0
• Personal and Advertising Injury $1,000,000
Blanket Contractual Liability — Written and Oral $1,000,000
Fire Legal Liability $50,000
Each Occurrence $1,000►000
a. The policy shall be endorsed to include the following additional insured
language: "The raty of Tiucson, I& department, agende* boar*,
commissions, universities and Its off eov, ofiRA04 a9W4 and
ernpioyew shall be named as sdd/tfonal Insureds with respect to
iiabNty arising out of the activities performed by or on behalfof Use
contractor".
(Note tfiat the other governmental entlo&s) i4lare also mWred to be
additional Insured(s) and they should supply the Contractor with their own Ast
of persons to be insured.)
b. Policy shall contain a waiver of subrogation against the qty of Tucson, its
departments, agencies, boards, commissions, universities and Its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
Exhibit "A" Page 2
2. Autonwbile Llabinty
Bodily Injury and Property Damage for any owned, hired, and/or non -owned
vehicles used in the performance of this Contract
Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to Include the following additional insured
language: "The City of Tucson, Its departments, agendes, boards,
cbmmissions universrdes and its o19Fic*% ol99dalsy agents, and
employees shall be named as addiifonal insureds with respect to
liaMity arising out of the activitfes performed by or orr behalf of the
Contractor, involving automobiles owned, leased, hired or borrowed
by the Contractor '.
(Note that the other governmental enbfty(ies) i4lare also required to be
addlMml Insured(s) and they should supply the Contractor with their own list
Opersons to be Insured.)
3. Workers Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $500,000
Disease — Each Employee $500,000
Disease — Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation against the City of Tucson, its
departments, agencies, boards, commissions, universities and Its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
b. This requirement shall not apply to: Separately, EACH contractor or
subcontractor exempt under A.R.S. 23 -901, AND when such contractor or r
subcontractor executes the appropriate waiver (Sole Proprietor /Independent f
Contractor) farm.
B. ADDITIONAL INSURANCE REOUI The policies are to contain, or be endorsed to
contain, the following provisions:
1. The City of Tucson, its departments, agencies, boards, commissions, universities and Its officers,
officials, agents, and employees and the other governmental entltyshall be additional insureds to
the full limits of liability purchased by the Contractor even If those limits of liability are in excess
of those required by the Contract.
2. The Contractor's insurance coverage shall be primary insurance with respect to all other available
sources.
1 The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by
the Contractor shall not be limited to the liability assumed under the Indemnification provisions of
Its Contract with the other governmental entity(ies) party to the Grant Agreement.
Exhibit "A" Page 3
C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this
Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after H
thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent
directly to the GRANTEE and shall be sent by certified mail, return receipt requested.
D. ACCEUABILM QF I ISURERS: Insurance Is to be placed with duly licensed or approved non -
admitted insurers in the State of Arizona with an "A.M. Best" rating of not less than A- VII. The City
of Tucson in no way warrants that the above - required minimum insurer rating is sufficient to protect
the Contractor from potential insurer insolvency.
E. VERIFICATION OF COVERAGE. Contractor shall furnish the GRANTEE with certificates of
Insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract.
The certificates for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf.
All certificates and endorsements are to be received and approved before work commences. Each
insurance polity required by this Contract must be In effect at or prior to commencement of work
under this Contract and remain in effect for the duration of the project. Failure to maintain the
Insurance policies as required by this Contract, or to provide evidence of renewal, is a material
breach of contrail.
All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson's
project/contract number and project description are to be noted on the certificate of insurance. The
(Sty of Tucson reserves the right to require complete, certified copies of all insurance policies
required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE
CITY OF TUCSON'S RISK MANAGEMENT SECTION.
F. SUBCONTRACTORS: Contractor's certificates) shall include all subcontractors as insureds under
its policies or Contractor shall furnish to the county or local government agency responsible separate
certificates for each subcontractor. All coverage's for subcontractors shall be subject to the minimum
requirements identified above.
G. APPROVAL Any modification or variation from the Insurance requirements must have prior
approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such
action will not require a formal contract amendment, but may be made by administrative action.
N. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is /are a public entity, then the
Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self -
Insurance. If the contractor or sub- oontractor(s) is/are a City of Tucson agency, board, commission,
or university then none of the above shall apply.
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
' GRANT AGREEMENT
Confidential Funds Certification
Exhibit "B"
CONFIDENTIAL FUNDS CERTIFICATION
This is to certify that I have read, understand, and agree to abide by all of the
conditions for confidential funds as set forth in the effective edition of the Office of
National Drug Control Policy Financial and Administrative Guide.
Grant Number: HT20-10-1711
Date: aL 7 Signature:
Autho Official
PROCEDURES
Each project agency authorized to disburse confidential funds must develop and follow
intemal procedures, which incorporate the following elements:
Deviations from these elements must receive prior approval of the ONDCP.
1. Imprrest Fund. The funds authorized will be established in an imprest fund, which is
controlled by a bonded cashier.
2. Advance of Fund : The supervisor of the unit to which the imprest funds is assigned
must authorize all advances of funds for the P /I. Such authorization must specify the
Information be received, the amount of expenditures, and assume name of
informant.
3. Informant Files Informant files are confidential files of the true names, assumed
names, and signature of all Informants to whom payments of confidential
expenditures have been made. To the extent possible, pictures and /or fingerprints of
the informant payee should also be maintained. Refer to Informant Files
"Documentation" (2) for a list of required documents for the informant files.
4. Cash Receipts
a. The cashier shall receive from the agent or officer authorized to make a
confidential payment, receipt for cash advanced to him/her for such purposes.
b. The agent or officer shall receive from the informant payee a receipt for cash paid
to him /her.
EA11 it "B" Page 2
S. Receipts for Purchase of Information An Informant Payee Receipt shall identify the
exact amount paid to and received by the informant payee on the date executed.
Cumulative or anticipatory receipts are not permitted. Once the receipt has been
completed no alteration is allowed. The agent shall prepare an Informant Payee
Receipt containing the following Information:
a. The jurisdiction initiating the payment.
b. A description of the information /evidence received.
c. The amount of payment, both in numeral and word form.
d. The date on which the payment was made.
e. The signature of the informant payee.
f. The signature of the case agent or officer making payment.
g. The signature of at least one other officer witnessing the payment.
h. The signature of the first-line supervisor authorizing and certifying the payment.
6. Review and Certification. The signed Informant Payee Receipt with a memorandum
detailing the information received shall be forwarded to the agent or officer in
charge. The agent or officer in charge shall compare the signatures. He /she shall
also evaluate the information received in relation to the expense incurred, and add
his/her evaluation remarks to the report of the agent or officer who made the
expenditure from the imprest funds. The certification will be witnessed by the agent
or officer in charge on the basis of the report and Informant Payee's Receipt.
7.' Reporting of Funds. Each project shall prepare a reconciliation report on the imprest
funds on a quarterly basis. Information to be included in the reconciliation report will
be the assumed name of the informant payee, the amount received, the nature of
the information given, and to what extent this information contributed to the
investigation. Recipients /subrecipients shall retain the reconciliation report in their
files and shall be available for review unless the State agency requests that the
report be submitted to them on a quarterly basis.
S. Record and Au it Provisions. project and member agency must maintain
specific records of each confidential fund transaction. At a minimum, these records
must consist of all documentation concerning the request for funds, processing (to
include the review and approve /disapprove), modifications, closure or impact
material, and receipts and /or other documentation necessary to justify and track all
expenditures. Refer to Informant Files Documentation (2) for a list of documents,
Which should be in an informant's file. In projects where funds are used for
confidential expenditures, it will be understood that all of the above records, except
the true name of the informant, are subject to the record and audit provision of
grantor agency legislation.
Exhibit "B" Page 3
INFORMANT FILES
1. uSec ri A separate file should be established for each informant for accounting
purposes. Informant files should be kept in a separate and secure storage facility,
segregated from any other files, and under the exclusive control of the supervisor or
an employee designated by him /her. The facility should be locked at all times when
unattended. Access to these files should be limited to those employees who have a
necessary legitimate need. An informant file should not leave the immediate area
except for review by a management official or the handling agent, and should be
returned prior to the close of business hours. Sign -out logs should be kept indicating
the date, informant number, time in and out, and the signature of the person
reviewing the file.
2. Documentation. Each file should include the following information:
a. Informant Payment Record - kept on top of the file. This record provides a
summary of informant payments.
b. Informant Establishment Record - including complete identifying and
location data, plus any other documents connected with the informant's
establishment.
c. Current photograph and fingerprint card (or FBI /State Criminal Identification
Number).
d. Agreement with cooperating individual.
e. Receipt for P /I.
f. Copies of all debriefing reports (except for the Headquarters case file).
g. Copies of case initiation reports bearing on the utilization of the informant
(except for the Headquarters case file).
h. Copies of statements signed by the informant (unsigned copies will be
placed in appropriate investigative files).
1. Any administrative correspondence pertaining to the informant, including
documentation of any representations made on his behalf or any other
nonmonetary considerations furnished.
j. Any deactivation report or declaration of any unsatisfactory informant.
INFORMANT MANAGEMENT AND UTILIZATION
All persons who will be utilized as informants should be established as such. The
specific procedures required in establishing a person as an informant may vary from
jurisdiction to jurisdiction but, at a minimum, should Include the following:
1. Assignment of an informant code name to protect the informant's identity.
i
Exhibit "r Page 4
2. An informant code book controlled by the supervisor or his /her designee containing:
a. Informant's code number.
b. Type of information (i.e. informant, defendant/informant, restricted
use /informant).
c. Informant's true name.
d. Name of establishing law enforcement officer.
e. Date the establishment is approved.
f. Date of deactivation.
3. Establish each informant file in accordance with Informant File Documentation (2).
4. For each informant in an active status, the agent should review the informant
file on a quarterly basis to assure it contains all relevant and current
information. Where a MATERIAL face that was earlier reported on the
Establishment Record is no longer correct (e.g. a change in criminal status,
means of locating him /her, etc.), a supplemental establishing report should be
submitted with the correct entry.
5. All informants being established should be checked In all available criminal indices. If
verified FBI number is available, request a copy of the criminal records from the FBI.
Where a verified FBI number is not available, the informant should be fingerprinted
With a copy sent to the FBI and appropriate State authorities for analysis. The
informant may be utilized on a provisional basis while awaiting a response from the
FBI.
PAYMENTS TO INFORMANTS
1. Any person who is to receive payments charged against PE /PI funds should be
established as an informant. This includes a person who may otherwise be
categorized as sources of information or informants under the control of another
agency. The amount of payment should be commensurate with the value of services
and /or information provided and should be based on the following factors:
a. The level of the targeted individual, organization or operation.
b. The amount of the actual or potential seizure.
c. The significance of the contribution made by the informant to the desired
objectives.
2. There are various circumstances in which payments to informants may be made.
a. Payments for Information and /or Active Participation. When an informant assists
in developing an investigation, either through supplying information or actively
participating in it, he /she may be paid for his /her service either in a lump sum or in
staggered payments. Payments for information leading to a seizure, with no
defendants, should be held to a minimum.
Exhibit "6" Page 5
i^
b. Payment for Informant Protection. When an informant needs protection, law
enforcement agencies may absorb the expenses of relocation. These expenses may
include travel for the informant and his /her immediate family, movement and /or
storage of household goods, and living expense at the new location for a specific
period of time (not to exceed b months). Payments should not exceed the amounts
authorized by law enforcement employees for these activities.
c. Payments to Informants of Another Agency. To use or pay another agency's
informant, he /she should be established as an informant. These payments should
not be a duplication of a payment from another agency; however, sharing a payment
is acceptable.
3. Documentation of payments to informants is critical and should be accomplished on a
Informant Payee Receipt. Payment should be made and witnessed by two law
enforcement officers and authorized payment amounts should be established and
reviewed by at least the first line supervisory level. In unusual circumstances, anon -
officer employee or an officer of another law enforcement agency may serve as
witness. In all instances, the original signed receipt must be submitted to the project
director for review and record keeping.
ACCOUNTING AND CONTROL PROCEDURES
Special accounting and control procedures should govern the use and handling of
confidential expenditures, as described below:
1. It is important that expenditures which conceptually should be charged to PE/PI /PS
are so charged. It is only in this manner that these funds may be properly managed
at all levels, and accurate forecasts of projected needs be made.
2. Each law enforcement entity should apportion its PE/PI /PS allowance throughout its
jurisdiction and delegate authority to approve PE/PI/PS expenditures to those
offices, as it deems appropriate.
3. Headquarters management should establish guidelines authorizing offices to spend
up to a predetermined limit of their total allowance on any buy or investigation.
4. In exercising his/her authority to approve these expenditures, the supervisor should
consider:
a. The significance of the investigation.
b. The need for this expenditure to further the investigation.
c. Anticipated expenditures in other investigations.
Exhibit V' Page 6
Funds for PE /PI /PS expenditures should be advanced to the officer for a specific
purpose. If they are not expended for that purpose, they should be returned to the
cashier. They should not be used for another purpose without first returning them and
repeating the authorization and advance process based on the new purpose.
S. Funds for PE /PI /PS expenditure should be advanced to the officer on suitable receipt
form. Informant Payee Receipt or a voucher for P/E should be completed to
document funds used in the purchase of evidence or funds paid or advanced to an
informant.
6. For security purposes there should be a 48 -hour limit on the amount of time funds
advanced for PE /PI /PS expenditure may be held outstanding. If it becomes apparent
at any point within the 48 -hour period that the expenditure will not materialize, the
funds should be returned to the cashier as soon as possible. An extension of the 48-
hour limit may be granted by the level of management that approved the advance.
Factors to consider in granting such an extension are:
a. The amount of funds involved.
b. The degree of security under which the funds are being held.
c. How long an extension is required.
d. The significance of the expenditure.
Such extensions should be limited to 48 hours. Beyond this, the funds should be
returned and readvanced, if necessary. Regardless of circumstances, within 48 hours
of the advance, the cashier should be presented with either the unexpended funds,
an executed Informant Payee Receipt or purchase of evidence or written notification
by management that an extension has been granted.
7. P/S expenditures, when not endangering the safety of the officer or informant, need
to be supported by canceled tickets, receipts, lease agreements, etc. If not available,
the supervisor, or his immediate subordinate, must certify that the expenditures
were necessary and justify why supporting documents were not obtained.
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�.� Southwest Border Arizona Region HIDTA
Fiscal Year 2010 z _ ,X
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Contact Information
General information
Agency Name: Town of Marana
Initiative Name: CNA
Agency Website: www.marana.com
Agency Head/ Authorized Official: Gilbert Davidson
Title: Town Manager
Agency Name: Town of Marana
Mailing Address: 11555 West Civic Center Drive
City: Marana Zip: 85653 County: Pima
E -mail Address: gdavidson @marana.com Phone Number: 520.382.1904 Fax Number:
520.382.1901
Task Force Commander/ Project Official: Terry Rozema/T. VanHook
Title: Police Chief /Community Develooment Director
Agency Name: Town of Marana
Mailing Address: 11555 West Civic Center Drive
City: Marana Zip: 85653 County: Pima
E -mail Address: trozema @marana.com; tvanook @marana.com Phone Number:
520.382.2032/520.382.1909 Fax Number: 520.382.1
Financial Official: Erik Montague
Title: Finance Director
Agency Name: Town of Marana
Mailing Address: 11555 West Civic Center Drive
City: Marana Zip: 85653 County: Pima
E -mail Address: emontague @marana.com Phone Number: 520.382.1900 Fax Number:
520.382.1902