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HomeMy WebLinkAboutResolution 2001-043 IGA with pima county for H.I.D.T.A. program ~-~-~ARANA RESOLUTION NO. 2001-43. A RESOLUTION OF THE MAYOR AND cOUNCIL OF THE ToWN OF MARANA, Ap, JZONA, MENT WITH PIMA COUNTY FOR __..cWERNMENTAL AGREE .... ,~ THE HIGH INTENSITY THE ADM1Nt~ e~'~"~ PROGRAM DRUG GRANT AGREEMENT (HIDTA X). DRUG TRAFFICKING AREA WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and _ ,~,rr.ne of National Drug Control policy (ONDCP) has awarded $9,247,934 WHEREAS, the t~,. and to the pima County Sheriffs Department to administer; . ~ ~ ~ .,~ pnllce Del~artment is a member of the H I D T A Southwest Border WHEREAS, the w~,~ ........ ' .... Alliance; and WHEREAS, under the terms of the H.LD.T.A. grant, the Marana police Department may to $50,511; receive up - an ' NOW, THEREFORE, BE IT RESOLVED the Mayor and Council of the Town of M ........ to execute the intergovernmental Agreement by and between the Town of said monies m Arizona anthonze tl~e and pima CountY, attached hereto as Exhibit A, to allow for the distribution accordance with the terms of the H.I.T.D.A. grant. , ,- ....u ~fthe Town of Marana, Arizona, this ..~. , ,-,r~vT by the Mayor ana PASSED Ar~L~ ~u~,_,,-ED ~ 17th day of April, 2001. ATTEST: Entz ' Town Clerk pers°nallYAs Town At Y Page 1 of 1 Marana Police Department C 0 N T AMENDMENT NO, This number mLst a Ppear on all invoices, corresponderce and documents pertaining to this contract. ARIZONA ALLIANCE PLANNING COMMITTEE ?AAPC) HIDTA EXECUTIVE BOARD INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN PIMA COUNTY AND MEMBER AGENCIES OF THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA XI) Whereas, the Office of National Drug Control Policy (ONDCP) has awarded $9,247,934 to the Pima County Sheriffs Department, a department of Pima County, a corporate and body politic of the State of Arizona. Whereas, the grant money is to be allocated to member agencies of the Arizona Southwest Border HIDTA Program to be spent in accordance with (ONDCP) guidelines. Whereas, the PIMA COUNTY SHERIFF'S DEPARTMENT (hereinafter referred to as PCSD), a member of the HIDTA Program, is willing to act as the administrator of the grant funds. This Agreement is made on this day, JUN 0 5 2001 1 by and between the PIMA COUNTY through the PCSD, and the Marana Police Department, hereinafter referred to as the GRANTEE. PIMA COUNTY is authorized to enter this agreement pursuant to A.R.S. § 11-201, 11-251 and 11-951 through 11-954. The GRANTEE is authorized to enter this Agreement pursuant to A.R.S. § 41-174' ), 41-1750, 41-1761, 41-1771, 41-1713 (B) (3) and (5), 41-1711 (A) and (B) and 11 -951 through 11 -954. DEFINITION OF TERMS: Now, THEREFORE, it is agreed between the parties as follows: GRANTEE: Any State or Local agency in the State of Arizona who is a recipient of HIDTA 2001 Grants. BOARD: Defined as the Members of the Arizona HIDTA Executive Committee and its Executive staff defined as the Arizona Alliance Planning Committee. The day-to-day compliance and review of HIDTA initiatives within the State of Arizona will be carried out by the staff of the Arizona Alliance Planning Committee (AAPC) at the direction of the Arizona HIDTA Executive Committee (AHEC). ADMINISTRATOR: The accounting section of the Pima County Sheriffs Department will handle the processing of vouchers for payment or reimbursement to the GRANTEES. ORIGINAL 2 OF 3 This agreement is effective October 1, 2000 and will terminate on December 31, 2001. Expenditures made on or after October I ' 2000 are eligible for reimbursement. This HIDTA Program grant expires at the end of the agreement period, unless prior written approval for an extension has been obtained from the Administrator/PCSD. This decision will be made by the PCSD after consultation with the BOARD. Any extensions will be contingent upon approval by cognizant federal authorities of an extension of the HIDTA grant award number IIPSAP549 between the Office of National Drug Control Policy (ONDCP) and PCSD. The GRANTEE agrees to return any unexpended funds to the BOARD within 60 days of the expiration of this grant. 2. The GRANTEE agrees that HIDTA Program funds shall be used to support and enhance activities intended to deter, investigate, and/or prosecute drug offenders. Grant funds will not be used to supplant State and/or local funds that would otherwise be made available for such purposes. 3. The GRANTEE shall operate in a manner consistent with, and in compliance with, the provisions and stipulations of the approved HIDTA Program grant and this agreement. If the Administrator/PCSD finds non-compliance, the GRANTEE will receive a formal written notice, which identifies the area of non-compliance and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient Information concerning the steps that are being taken to correct the problem, the Administrator/PCSD may suspend funding or permanently terminate the agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this agreement without written permission from the Administrator/PCSD may constitute sufficient reason for the PCSD to terminate the agreement and revoke the grant. It will also require the return of all unspent funds, require that an audit of expended funds be performed at GRANTEE's expense, and require the return of any previously expended funds which are deemed to have been spent in violation of the purposes and conditions of the grant. 4. The approved program budget is shown below. The GRANTEE may make budget adjustments of up to ten percent of the total budget of the grantee in any approved initiative after notification in writing to the staff of the Arizona Alliance Planning Committee and the Administrator/PCSD and upon receiving the written approval from the Director of the Arizona HIDTA. Adjustments or reprogramming in excess of ten percent of the grantee's budget in an initiative or any reprogramming between initiatives and or agencies; in any amount, require the approval of the BOARD, the Southwest Border HIDTA Coordinator, and the Office of National Drug Control Policy. Requests for budget adjustments or reprogramming must be submitted in writing to the PCSD through the AAPC. Approved program budgets for the Marana Police Department in HIDTA 2001 initiatives: Metropolitan Area Narcotic Trafficking Interdiction Squads $50,511.00 Total $50,511.00 5. The GRANTEE agrees to comply with the financial and administrative requirements set forth in the effective edition of the ONDCP Financial and Administrative Guidelines. 6. The GRANTEE agrees that it will provide accounting, auditing, and monitoring procedures to safeguard HIDTA Program grant funds and keep such records to assure proper fiscal controls, management, and the efficient disbursement of HIDTA Program grant funds. Disbursement of HIDTA Program grant funds to the GRANTEE can be on a reimbursement or advance basis. Reimbursement requests should be made on a monthly basis to the Pima County Sheriffs Department Finance Unit. Requests for reimbursement must include a detailed listing of expenditures summarized by budget category. The request must contain receipts for equipment purchases that exceed $1,000.00 in cost. Supporting documentation for all expenditures will be kept available by the GRANTEE for audit and review purposes for a period of 3) years (Ref. HIDTA Financial & Administrative Guidelines of January 1997). Advances for expenditures may be requested to be made within a sixty-day period. The request must be signed by an authorized representative of the GRANTEE. 7. Prior to the expenditure of confidential funds, an authorized agent of the GRANTEE shall sign a certi ication indicating that he or she has read, understands, and agrees to aide by all of the conditions pertaining to confidential fund expenditures as set forth in Attachment A paragraph 44 ONDCP financial and administrative guidelines. This signed certification shall be designated Attachment A of this agreement and incorporated herein by reference. 8. The GRANTEE agrees to submit periodic financial and performance reports to the BOARD, on forms provided by the BOARD, documenting the activities supported by the HIDTA Program grant funds and providing an assessment of the impact of those activities on drug trafficking. The reports shall be submitted at specific timetables to be determined by the BOARD and the Office of National Drug Control Policy. 9. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. The GRANTEE is required to assure such items are not currently available and are not duplicative or excessive. The GRANTEE shall follow the same procurement policies and procedures that it uses for obtaining non-federal funds. The GRANTEE will comply with all applicable procurement laws. 10. Equipment acquired under this grant program must be used by the GRANTEE in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy (ONDCP). The GRANTEE may dispose of the original equipment when no longer needed or supported by the ONDCP. Items with a current per- unit fair market value of less than $5,000.00 may be retained, sold, or otherwise disposed of with no further obligation to the ONDCP. Items in excess of $5,000.00 may be retained or sold and the ONDCP shall have a right to an amount as stated in the Financial and Administrative Guide for Grants (OJP M71 00. 1 D). 11. This agreement may be modified only by a written amendment signed by persons duly authorized to enter into agreements on behalf of the PCSD and GRANTEE. Any notice given pursuant to this agreement shall be in writing, and shall be considered to have been given when actually received by the following addresses or their agents or employees. a. If to the PCSD. PIMA COUNTY SHERIFF'S DEPARTMENT 1750 East Benson Highway Tucson, Arizona 85714 Attn: Betty Cohen HIDTA Accounting Officer b. If to the GRANTEE. Marana Police Department 13291 North Lon Adams Road Marana, Arizona 85653) Attn: Lieutenant Bruce Thomas 12. The GRANTEE agrees that in the event that a Federal or State court, or Federal or State administrative agency, after a due process hearing, makes a finding of discrimination on the grounds of race, color, religion, national origin, sex, age, or handicap against the GRANTEE regarding the program or activities supported by the HIDTA Program grant, the GRANTEE will forward a copy of such findings to the PCSD and the BOARD. 13. The GRANTEE acknowledges that it is acting independently and that it retains sole responsibility for payment of salary of any of its employees including any hired with grant funds. Grantee agrees that it is solely responsible for the payment of all federal, state and local taxes associated with compensation pursuant to this agreement. Grantee also agrees that it is solely responsible for worker's compensation and any other benefits due to its employees. 14. Grantee agrees to indemnify, defend and hold harmless, PCSD, the Grant Administration and Pima County, its officers, departments, employees and Agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which result from any act or omission of Grantee, its agents, employees or anyone acting under its direction, whether intentional or negligent. 15. Grantee agrees to maintain self-insurance pursuant to Arizona Law. 16. "COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT. Grantee shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 USC 12101-12213)) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36." 17. This contract is subject to the provisions of A.R.S. # 38-511 which provides in pertinent part: " The state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies either if any person ign :D s i ificantly involved in initiating negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the contact or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. " 18. All parties agree to comply with all applicable nondiscrimination requirements of ARS # 41 - 1463, all applicable State and Federal civil rights laws, and Executive Order 75-5. 19. GRANTEE agrees to support and cooperate, to the extent possible, the missions, goals and objectives of the Arizona HIDTA Intelligence and Operations Support Center and the annual policy guidance for the High Intensity Drug Trafficking Area Program. IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year first above written: FOR THE GRANTEE: Approved as to form and as to authority Ali I 1!?'r granted by law(For the NTEE) sl;OF A0 k 0 '0 P C=0 SEAkj - 'N'V Statutory or other legal authority to enter into this agreement: (grantee) FOR THE GRANTOR: For the Pima CoupA-,f Sheriffs Department: Stanley Cheske Chief Deputy, PCSD Approved as to form and as to authority granted by law / ?/? ///. 1, ?? ? ? aerard M. Guerin Deputy County Attorney, Pima County Statutory or other legal authority to enter into agreement .inty Board of Supervisors JUN 0 5 2MI Attest: Clerk of the Board Budget Detail Report Fiscal Year: 2001 HIDTA Location: SWB Arizona Grant: II PSAP549 Task Force: Metropolitan Area Narcotics Trafficking, Inter diction Squads (MANTIS) Recipient Agency: Pima County Sheriff's Department 1 1, 7,4 i;? A ^14 Resource Agency: A4&tieepu County Police Department Personnel: Name TM Dunham Annual Time Amount $34,244.00 1 $34,244 Total Personnel: S34,244.00 Benefits: Name M. Dunham Annual Time Amount S8,561.00 I S3,561 Total Benefits: S3,561.00 Overtime: Position Officer Dunham Hours Rate Amount 1.00 S7,706.00 S7,706 Total Overtime: S7,706.00 Total: S50,511 Page 35 of 72