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HomeMy WebLinkAboutResolution 2004-066 IGA renewal with pima county for H.I.D.T.A. XVI grant agreementMARANA RESOLUTION NO. 2004-66 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE ADMINISTERING AND DISBURSEMENT OF FUNDS FROM THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (H.I.D.T.A. XIV). WHEREAS, the Town of Marana, Pima County, Arizona, recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Office of National Drug Control Policy (ONDCP) has awarded funds to the Pima County Sheriff's Department to administer; and WHEREAS, the Marana Police Department is a member of the H.I.D.T.A. Southwest Border Alliance; and WHEREAS, under the terms of the H.I.D.T.A. grant, the Marana Police Department may receive up to $48,920; and WHEREAS, attached hereto as Exhibit A and incorporated herein by this reference, an agreement has been prepared which equitably sets out the rights and responsibilities of the Town and the County in administering the H.I.D.T.A. grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute the Intergov- ernmental Agreement by and between the Town and Pima County, attached hereto as Exhibit A, to allow for the distribution of said monies in accordance with the ten'ns of the H.I.D.T.A. grant. PASSED AND A D OPTED B Y T HE MAYOR A ND COUNCIL O F THE TOWN OF MARANA, ARIZONA, this 1st day of June, 2004. ATTEST: ~cel'yn (~Bmnson, Town Clerk ED TO ~au~"C~dy, To~n~/~ey RSO 040~01 HIDTA.dot F. ANN RODRIGUEZ, RECORDER RECORDED BY: NMB DEPUTY RECORDER 1134 AS2 P0230 PIMA CO CLERK OF THE BOARD PICKUP of P13f L n 1%, lot' . CA-iv DOCKET: 12345 PAGE: 2190 NO. OF PAGES: 9 SEQUENCE: 20041370439 07/16/2004 RES 15:08 PICKUP AMOUNT PAID $ 0.00 RESOLUTION No. 2004-179 INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE MARANA POLICE DEPARTMENT ALLOCATING $48,920 OF FUNDS GRANTED BY THE OFFICE OF NATIONAL DRUG CONTROL POLICY (ONDCP) WHEREAS, the Pima County Board of Supervisors desires to enter into an agreement between the PIMA COUNTY SHERIFF'S OFFICE and the OFFICE OF NATIONAL DRUG CONTROL, to Administer $9,985,061 in H.I.D.T.A. funds, and WHEREAS, the MARANA POLICE DEPARTMENT is a member of the H.I.D.T.A. Southwest Border Alliance, and VMEREAS, under the terms of the H.I.D.T.A. grant the MARANA POLICE DEPARTMENT may receive up to $48,920, and NOW, THEREFORE, be it resolved by the Board of Supervisors of Pima County, Arizona, as follows: Section 1: The Intergovernmental Agreement between Pima County and member agencies of the High Intensity Drug Trafficking Program Drug Grant Agreement (HIDTA XIV) (IGA) with the MARANA POLICE DEPARTMENT for three years is hereby approved. Section 2: The Chair of the Board of Supervisors and Sheriff, or designee is authorized to execute the IGA and any related documents necessary to implement the terms of the IGA. DATED this 6th day of J111-Y 2004. PIMA COUN B RD OF ERVISORS Chair, Board of Supervisors ATTEST: JUL 0 6 2004 Cle?rk of the Board jUL 0 6 Z004 APPROVED AS TO FORM: Deputy?C?unty Attorney MARANA RESOLUTION NO. 2004-66 RELATING To THE POLICE DEPAR7-AffiNT, APPROVING AND AUTHORIZING TB:E RENEWAL OF AN INTERGOVERNMEWAL AGRFFlvf ENT WITH pINU COLTNTy FOR THE ADMINISTERING AND DISBURSEMENT OF FUNDS FROM THE HIGH INTENSITY DRUG MAFFTCKNG AREA PROGRAM DRUG GRANT AGREEMENT (H.I.D.T.A. 3aV), WHEREAS, the Town of Marana, Pima County, Arizona, recognizes lts duty to protect its citizens through effective police powers; and WHEREAS, the Office of National Drug Control policy (ONDCP) has awarded Ruids to the Pima C Uounty Sherifrs Department to administer, and WHEREAS, the Marana Police Department is a member of the H.LD.T-A. Southwest Border Alliance; and WHEREAS, under the terms of the H.I.D.T.A. grant the Marana. Police Department n3ay receive up to $4,920; and WHEREAS, attached hereto as Exhibit A and incorporated herein by this reference, an agreement has been prepared which equitably sets out the rights and responsibilities of the Town and the County in administering the H.LD.TA. grant. NOW, THEREFORE, 13E IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute the Intergov- ermnental Agreement by and between the Town and Pima County, attached hereto as Exhibit A, to allow for the distribution of said momes in accordance with the terms of the H.LD.TA- grant. PASSED AND ADOPTED B Y THE MAYOR AND C OUNCIL OF THE TOWN OF MARANA, ARIZONA, this Ist day of lime, 2004. <:iYo utton, Jr. ATTEST: 2 ??ocelyn Bronson, Town Cler?k? itau wuoar HW7-"Oc r% ;" C I'- 0 N T R NO, 01-11-1,71.1 --------- A T do co Marana Police Department This r, ?j rr No' - 0/ lea 3 Invoices C rr n his. r' Oro all documents 0 v^ i'?' i 1 cum and ntra this contracf, v 0 ?ITTEE (AAP I c r 4z ARIZONA ALLIANCE PLANNING COMMITTEE f e HIDTA EXECUTIVE BOARD INTERAGENCY SERVICE AGREWENT BETWEEN PINIA COUNTY AND MEMBER AGENCIES OF THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA XIV) Whereas, the office of National Drug Control Policy (ONDCP) has awarded $9,985,061 to the Pima County Sheriff s 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 Axizona 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 willinor to act as the administrator of the grant funds. This agreement is made by and between PIMA COUNTY through the PCSD, and the Marana Police Department, hereinafter referred to as the GRANTEE. PWA COUNTY is authorized to enter this agreement pursuant to A.R.S 11 -201, 11-25 1 and 11-951 through 11-954. Now, THEREFORE, it is agreed between.the parties as follows: GRANTEE: Any State or Local agency in the Statelof Arizona who is a recipient of HIDTA 2004 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 Conunittee (AAPC) at the direction of I I the Arizona HIDTA Executive Committee (AHEC). 2 ADMINISTRATOR: The accounting section of the Pima County Sheriffs Department 41 5 will handle the processing of vouchers for payment or reimbursement to the GRANTEES. Original 3 of 3 I - This agreement is effective October 1, 2003 and will terminate on September 30, 2006. Expenditures made on or after October 1, 2003 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 14PSAP549 between the Office of National Drug Control Policy (ONDCP) and PCSD. fhe 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 grant 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 which are being taken to correct the problem, the Administrator/PCSD may suspend funding or perinanently terminate the agreement or revoke the grant. Any deviations or failure to comply with the purpose and/or conditions of this agreement without the permission from the Administrator/PCSD may constitute sufficient reason for the PCSD to tenninate the agreement and revoke the grant. It will also require the return of all unspent funds, require 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 after receiving the signature approval from the Arizona HIDTA Director. 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. Request for budget adjustments or reprogramming must be submitted in writing to the AAPC. Approved program budgets for the Marana Police Department in HIDTA 2004 initiatives: Counter Narcotics Alliance (CNA formerly MANTIS) $48,920 Im Total: $48,920 5. The GRANTEE agrees to comply with the financial and administrative requirements set forth in Financial Management of HIDTA Funds, Version 2. 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, manag ement, 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 which 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, Volume 2, J-31). Advances for expenditures may be requested to be made within a thirty-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 certification indicating that he. or she has read, understands, and agrees to ab+de by all of the conditions pertaining tQ confidential fund expenditures as set f6rth in Financial Management of HIDTA funds, Appendix F. 8. The GRANTEE agrees to submit periodic financial and performance reports to the BOARD, on forins provided by the BOARD, documenting the activities supported by the HEDTA 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 duplicative or excessive, and should make market survey and 0 obtain the best price available. 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. i?r 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 $5,000.00 may be retained or sold and the ONDCP shall have a right to &n amount as stated in the Financial and Administrative Guide for Grants (OJPM71 00.OD). I I - This agreement may be modified only by a written 1 amendment signed by persons duly authorized to enter into agreements on behalf of the PCSD and GRANTEE. Any notice given pursuant to this agreement shall be in writ' ing and shall be considered to have been given when actually received by the ".,;$ I 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 Accountinc, Officer b. If the GRANTEE. Marana Police Department 13291 North Lon Adams Road Marana, AZ 8565.3 Attn: Chief Richard Vidaurri 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 fede 4 ral, state, and local taxes associated with compensation pursuant to this agreement. Grantee t also agrees that it is solely responsible for worker's compensation and any other benefi s 0 4 due to its employees. 41 14. The GRANTEE agrees to insure, defend and hold harmless, PCSD, Tucson Airport Authority (TAA), the Grant Administration and Pima County, its officers, departments, employees and Agents for any vicarious, derivative liability which may arise as a result 10 of this contract. 15. Grantee agrees to maintain 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 12101-1221'?) 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 subdivision, or any of the departments or agencies of either if any person significantly involved in initiating, nelc?, tiating, securing, drafting, 11.1.1 0 1 g or creatin a 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 contract or any extension of the contract is in effect, an employee or agent of 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 99-4. 19. GRANTEE agrees to support and cooperate, to the extent possible, the missions, goals I and objectives of the Arizona HIDTA Intelligence and Operations Support Center and the annual policy guidance for the High Intensity Drug Trafficking Area Program. THE SPACE BELOW IS LEFr BLANK INTENTIONALLY IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year first written: FOR THE GRANTEE: IUI-4 IY' Approved as to form and as to authority granted by law (For tj WNTEE) '??OF?f .. _4 i:? 04. -Z -* COR 0 7e S Gift I tatutory ffr other legal aVthority to enter into this agreement: FOR THE G -FFJ1 V VVU US eriff's Department: -o5uthor4tY granted by law -4 Deputy GQi4nty Attorney, Pima County For the Pima County Board of Supervisors Chairperson JUL 0 6 2004 Attest: Clerk of the Board JUL 0 6 2004 Budget Detail Repoft Fiscal Year: 2004 HIDTA Location: SWB Arizona Grant: 14PSAPS49 Task Force: Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTIS) Recipient Agency: Pima County Sheriff's Department Resource Agency: Marana Police Department Personnel: Name Annual Time Amount Police Officer $39,135.00 1 S39,135 Total Personnel: S,;() 111; Benefits: Name Annual Time Amount Police Officer S9,785.00 1 $9,785 Benefits: S9,785 ToW: $48,920 2 3 lei