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HomeMy WebLinkAboutResolution 2012-041 approving a grant agreement High Intensity Drug Trafficking AreaMARANA REStJLUTION NO. 2012-41 RELATiNG TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN 1VIANAGER TO E�ECUTE A GRANT AC�rREEMENT (HT-12-2214) WITH THE CITY OF TUCSON TO RECEIVE FUNI?1NC'r UNDER THE HIGH 1NTENSITY DRUG TRAFFICKIN('i AREA GRANT PROGRAM. WHEREAS the Anti-Drug Abuse Act af 1988 and the National Drug Control Palicy 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 prablems as High Intensity Drug Trafficking Areas (HIDTA); and WHEREAS the Southern Arizona Counties of Gochise, 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 HTDTA 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 Qffice of National Drug Control Policy under the HIDTA Program; and WHEREAS the City of Tucson has awarded grant funding to the Tawn 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, 2012 and December 31, 2013; and WHEREAS the Marana Police Department has assigned an afficer ta 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 $b7,427.OQ from the City of Tucson for participation in HIDTA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF l�ti?�RANA, ARIZONA, AS FOLLOWS: SECTION l. Grant Agreement HT-12-2214 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 MARANA RESOLUTION NO. 2Q12-41 approved and the Town Manager is hereby authorized to execute it for and on behalf af the Tawn of Marana. SECTI4N 2. The Town's Manager and staff are hereby directed and authorized to undertake a11 other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Grant Agreement. PASSED AND ADQPTED BY THE MAYOR AND COUNCII, OF THE TOWN OF MARANA, ARIZONA, this 19 day of June, 2012. � L� Mayor Ed H nea ATTEST: Jocelyn . Bronson, Tawn Clerk ���i�����'��� �� �� �� �������a�sa�v¢���✓� �h���`p��� ��m�w � � � � �� � � �� � �� ������ ����� ��� MARANA RESOLUTION NO. 2012-41 6/18/2�12 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT COT Grant Number HT-12-2214 This Grant Agreement is made this 1� day of January 2012 by and between the GITY OF TUCSON hereinafter cailed "CITY" and the Town of Marana, through the Marana Police Department hereinafter calied "GRANTEE". The CITY enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 11-951, et seq., and the City of Tucson's Resolution number 21460, having satisfied itself as to the qualification of GRANTEE. NOW, THEREFORE, it is agreed between the parties as foilows: This Agreement will commence on January 1, 2012 and terminate on December 31, 2013. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the CT1Y. 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 a� extension that further the goals and objectives of the program and shall determine the length of any extension within Office of Nationai Drug Control Policy (ONDCP) guidelines. 2. The GRANTEE agrees that grant funds will be used for the Counter Narcotics Alliance (CNA). 3. The CITY wiil monitor the performance of the GRANTEE against goals and performance standards outlined in the grant appiication. Sub-standard performance as determined by the CITY wili 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-compiiance, the GRANTEE will receive a written notice that 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 that are being taken to correct the probiem, the CITY may suspend funding; permanently terminate this Agreement and/or revoke the grant; Any deviation or failure to compiy with the purpose and/or conditions of this Agreement without prior written CIlY approval may constitute sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the return of all unspent funds, per�orm an audit of expended funds; and require the return of any previousiy spent funds which are deemed to have been spent in violation of the purpose or canditions 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 shali be considered to have been given when actuaily received by the following addressee or their agents or empioyees: A. If to the Gty of Tucson: City of Tucson Police Department HIDTA FIDUCIARY SECTION 270 S. Stone Tucson, Arizona 85701 Attn: HIDTA Financia) Analyst ___ _ _ . __ __ _ _ ___ _ �: C��'�2�"� � Exhibit "A" " �ola_�I High Intensity Drug Tra�cking Area Grant Number HT-IZ ZZ14 Page .3 9. The GRANTEE certifies that it wili comply with OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Loca/ Govemments as codified in 28 CFR Part 66 and OMB Circu/ar A-87 Cost Prinaples for State, Loca/ and Indian Trrbal Govemmentsand HIDTA Program Policy & Budget Guidance. Link: OMB Circu/arshttp://www.whitehouse.gov/omb/circulars/index.html 10. The GRANTEE agrees to account for interest eamed on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP financia/ and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the CI"fY 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. f1. The GRANTEE agrees to retain ail 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., Ail such documents shaii be subject to inspection and audit at reasonable times. 12. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $1,OOO,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 ail HIDTA purchased equipment, vehicles, and other items valued at $ 1000 or more at the time of purchase. This also indudes 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 those using 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/ar the CITY upon request. A iQ0-percent physical inventory of HIDTA-purchased equipment must be conducted at least every two years. 13. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Grcu/ar A-102 Uniform Administratrve Requirements for Grants and Cooperadve Agreements to State and Loca/ 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 Circu/ars h�t p://www.whitehouse.gov/omb/cireulars/index.htmi The GRANTEE agrees that the purchasing agency shail comply with ONDCP HIDTA Program Policy & Budget Guidance Section 8A7 in determining the end of the usefuf life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the CITY. 14. 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. 15. The GRANTEE will comply with the audit requirements of OMB GrcularA-�33Audits ofStates, Laca/ Govemments and Non-Profit Organizations 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 thatthe audit was completed. Link: OMB CircularA-133http:/Iwww.whitehause.gov/omb/circulars/index.htmt High Intensify D�ug Tra�cking Area Grant Number HT-12-2214 Page 5 25. The GRANTEE (as "Indemnitor'� agrees to indemnify, defend and hold harmless the CITY (as "Indemnitee'� from and against any and aii 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 properly damage, but oniy to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused 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 appiy. 26. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmiess 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 from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of ciaim processing, investigation and litigation) (hereinafter referred to as ��Claims" ) for bodily injury or personai 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 wiliful 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 Com�nsation Law or arising out of the failure of such contractor to conform to any federai, state, or locai law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shail, in all instances, except far Gaims arising solely from the negligence or wiliful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor wili 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". 27. If the GRANTEE is a governmental politicai subdivision, the GRANTEE will, to the extent possibie and practical share criminal justice information with other aut�horized criminal justice agencies. The process control number (PCN) shail be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are develop�d or improved. 28. The GRANTEE agrees to eomply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(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); Titie IX of the Education Amendments of 1972 and the Department of 7ustice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, 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 including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federai 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, O�ce of Justice Programs and the CITY. High Intensity Drug Tra�cking Area Grant Number HT-12-2214 Page 7 37. This Agreement is subject to canceliation pursuant to the provision of A.R.S. § 38-511. 38. This Agreement may be cancelled at the CITY's discretian if not retumed with authorized signatures to the CTTI( within 90 days of commencement of the award. 39. If any provision of this Agreement is heid invalid the remainder of the Agreement shaii not be affected thereby and ail other parts of this Agreement shall be in full force and effect. 40. Pursuant to A.R.S. § 35-391.06 and § 35-393.06, the GRANTEE hereby warrants, and represents that it does not have, and its subcontractors do not have, and during the term hereof wili not have, a scrutinized business operation, as defined in A.R.S. § 35-391 and § 35- 393, in either Sudan or Iran. 41. Pursuant resolution number 21460, adopted by Mayor and Council December 15, 2009, the Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA operations. CITY OF TUCSON GRANT AGREEMENT Insurance Requirements Exhibit "Ap Insurance Requiremantsfor Governmentat Parties to a Grant Agreement: None. Insurance Requirementsfor Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a govemmenta! entity, not to the govemmenta/ 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 governmentai 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 govemmental entity are free to purchase additional insurance. A. MINIMUM SCOPf AND LIMITS OF INSURANCE: Contractor shail provide coverage with (imits of liability not less than those stated below. 1. Commercial General Liability - Occurrence Form Policy shali include bodily injury, property damage, personai injury and broad form contractual liabiliry. • General Aggregate $2,000,000 • Products - Completed Operations Aggregate $1,004,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability - Written and Oral $1,000,000 • Fre Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The City of Tucson, its departments, agencies, boards, commis.sions, universities and its officers, o�cials, agents, and emp/oyees sha// be named as additiona/ insuneds with respect to /iabi/ity a�sing out of the activities �rformed by or on behatf of the Coniractor". (Note that the other govemmental entity(ies) is/are a/so required to be additional insured(s) and they shou/d supp/y the Contractor with their own list ofpersons to be insurea!) b. 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 behaif of the Contractor. 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 thirty (30) days prior written notice has been given the City of Tucson. Such notice shali be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed ar approved non- admitted insurers in the State of Arizona with an "A.M. Best" rating of not less than A- VII. The �ty of Tucson in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potentiai insurer insolvency. E. VERIPICATION OF COVERAGE: Contractor shali fumish 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. Ali certificates and endorsements are to be received and approved before work commences. Each insurance policy 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 contract. Ail certificates required by this Contract shal) be sent directly to the GRANTEE. The �ty of Tucson's project/contract number and project description are to be noted on the certificate of insurance. The City of Tuaon reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OP INSURANCE TO THE CITY OF TUCSON'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shaii include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local govemment agency responsible separate certificates for each subcontractor. All coverage's for subcontractors shail be subjectto 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 shali be finat. Such action wili not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: Tn the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such pubiic entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a City of Tucson agency, board, commission, or university then none of the above shall apply. fxhibit"B" Page 2 5. 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 o�cer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evatuation 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 shalt be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each 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 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 andJor 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 "B" 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. 5. Funds for PE/PI/PS expenditure shouid 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 seeurity 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 Iimited 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 imrnediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained.