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HomeMy WebLinkAboutResolution 2003-043 IGA amendment for grant funds from US DOJ 2001MARANA RESOLUTION NO. 2003-43 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING THE INTERGOVERNMENTAL 'AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY RELATING TO RECEIPT AND USE OF GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE 2001 STATE DOMESTIC PREPAREDNESS PROGRAM. WHEREAS, A.R.S. § 11-952 grants the Town of Marana the authority to enter into intergovernmental agreements; and WHEREAS, the Town of Marana and Pima County entered into an Intergovernmental Agreement for the Town to receive grant funding from the U.S. Department of Justice 2001 State Domestic Preparedness Program; and WHEREAS, that Agreement has expired; and WHEREAS, the parties wish to extend the Agreement. so that the Town may continue to receive and use funds pursuant to the program and the Agreement; and WHEREAS, the Mayor and Council have determined that the Intergovernmental Agreement should be amended to extend its expiration and fund use dates; and WHEREAS, staff from the Town and the County have prepared an amendment document, attached hereto as Exhibit A and incorporated herein by this reference, and the Mayor and Council have reviewed the amendment document and f'md that the terms contained therein are equitable and in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Intergovernmental Agreement for the Town to receive grant funding from the U.S. Department of Justice 2001 State Domestic Preparedness Program is amended pursuant to the amendment attached hereto as Exhibit A, and the terms of that amendment are hereby approved and adopted. BE IT FURTHER RESOLVED that the various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. Marana, Arizona Resolution No. 200343 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. ::- ~ ATTEST: APPROVED AS TO FORM: /Daniel J. Hochuli As Town Attorney and not personally Mayor ~O~B/Y SUTTON, JR. Marana, Arizona Resolution No. 200343 EXHIBIT A [Amendment to IGA] Marana, Arizona Resolution No. 2003-43 AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT NO. 01-01-M-131394-0502 I. The AGREEMENT made by and between PIMA COUNTY, a political subdivision of the State of Arizona, for and on behalfofPima County Health Department, hereinafter referred to as COUNTY, and the Town of Marana, for and on behalf of the Marana Police Department, a municipal corporation, hereinafter referred to as CONTRACTOR, pertaining to the U. S. Department of Justice 2001 State Domestic Preparedness Program Grant, is hereby amended as follows: A. Section II.A. is amended to extend the Agreement for a nine-month period through January 31, 2004 pursuant to Section I.G. as follows: "A. This Intergovernmental Agreement is effective May I, 2002 and is terminated on January 31, 2004. The fully executed Intergovernmental Agreement shall be recorded with the Pima County Recorder." B. Section IV.B. is amended to extend the time period for equipment purchases by the CONTRACTOR through January 31, 2004 as follows: "IV - .B. Funds in the amount of$17,486 have been allocated for equipment purchases by CONTRACTOR during the period from May l, 2002 through January 3 l, 2004. Total payments by COUNTY to CONTRACTOR under 'this Intergovernmental Agreement shall not exceed Seventeen Thousand Four Hundred Eighty Six Dollars ($17,486)." C. Section IV.C. is amended to change the final equipment purchase date from April 30, 2003 to January 31, 2004 and to change the purchase documentation due date fromJune 30~ 2003 to February 28, 2004 as follows: "IV.C. All proof of payment documentation must be receive~l by COUNTY prior to dispersal of funds. No payments under this Agreement will be made for purchases made after January 31, 2004 and for purchase documentation received after February 28, 2004." II. The effective date of this Amendment is May 1, 2003. III. All other elements of the original AGREEMENT not amended by Amendment No. 1 remain unchanged. IN WITNESS WHEREOF, the parties do hereby agree to carry out the terms of this Amendment to the INTERGOVERNMENTAL AGREEMENT. PIMA COUNTY TOWN OF MARANA By: By: Chair Pima County Board of Supervisors ATTEST By:. Clerk Pima County Board of Supervisors MaranaDOJAml. doc Mayor Town of Marana ATTEST APPROVED AS TO CONTENT By: Director Pirna County Health Department Pursuant to A.R.S. § 11-952, the undersigned public agency attorneys have determined that this Intergovernmental Agreement is in proper form and is ,within the powers and authority granted under the laws of the State of Arizona. By: Deputy Cou~ Attorney e~Attomey ~ Town of Marana MaranaDOJAml.doc Intergovernmental Agreement between PIMA COUNTY and the TOWN OF MARANA, for Equipment Purchases under the U. S. Department of Justice 2002 State Domestic Preparedness Program Grant. This Intergovernmental Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona, for and on behal.f of Pima County Health Department, hereinafter referred to as COUNTY, and the Town of Marana, for and on 15ehalf of the Marana Police Department, hereinafter'referred to as CONTRACTOR, pursuant to A.R.S. § 11-952. Recita'l*s A. WHEREAS COUNTY was awarded the United States Department of Justice 2002 State Domestic Preparedness Program Grant through the Arizona Division of Emergency Management; and B. WHEREAS COUNTY and CONTRACTOR may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. C. WHEREAS COUNTY wishes to supplement certain types of equipment necessary for terrorist incident response in Pima County; and D. WHEREAS CONTRACTOR is qualified to utilize said equipment for response to a terrorist incident; and E. WHEREAS pursuant to the United States Department of Justice 2002 State Domestic Preparedness Program Grant, CONTRACTOR is named as a recipient under the grant award. NOW, THEREFORE, COUNTY and CONTRACTOR, pursuant to the abOVe, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Agreement I. Purpose. The purpose of this Intergovernmental Agreement is to set forth the responsibilities of the parties for the purchase of equipment under the State Domestic Preparedness Equipment Program and to address legal and administrative matters among the parties. II. Scope. CONTRACTOR may only utilize the funds provided pursuant to this 'Agreement for the purchase of items listed on the Authorized Equipment Purchase List in Exhibit A. In order to be reimbursed, CONTRACTOR must submit to COUNTY proof of purchase for such items. Proof of purchase may include paid purchase orders, warrants or claim demand documents showing the vendor name and address, details of purchase, and amount(s) paid for listed equipment. In no event will COUNTY reimburse CONTRACTOR for more than the total Recommended 'Allocation in the Proposed FY 2002 DOJ Equipment Grant Allocations (Exhibit B). III. Financing. A. COUNtry shall reimburse CONTRACTOR upon receipt of required documentation showing proof of purchase of authorized equipment as listed above in Section II. Only grant funds will be used for compensation and payments paid to CONTRACTOR. B. Funds in the amount of $42,125 have been allocated for equipment purchases by CONTRACTOR (See Proposed FY 2002 DOJ Equipment Grant Allocation at Exhibit B. Total payments by COUNTY to CONTRACTOR under this Intergovernmental Agreement shall not exceed Fort3., Two Thousand One Hundred and Twenty Five Dollars ($42,125). TofMARANADOJ 02.doc 1 C. All proof of payment documentation must be received by COLrNTY prior to dispersal of funds. No payments under this Agreement will be made for purchases made after July 31, 2004 and for purchase documentation received after August 3 I, 2004. IV. Term. This Intergovernmental Agreement shall be effective on the date it is recorded with the Pima County Recorder. Except as otherwise provided in this Agreement, this Agreement shall terminate on July 31, 2004. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties hereto. · V. Termination. Either party may terminate this Agreement. at'any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. VI. Insurance. CONTRACTOR shall provide evidence of insurance as follows: Commercial general liability in the amount of $1,000,000.00 combined, single limit Bodily Injury and Property Damage or $1,000,000.00 Bodily Injury, $1,000,000, $1,000,000.00 Property Damage. Pima County is to be named as an additional insured for all operations performed within the scope of the Contract between Pima County and CONTRACTOR. B. Automobile liability coverage for owned, non-owned and hired vehicles must be provided with limits in the amount of$1,000,000.00 combined single limit ore $1,000,000.00 Property Damage; C. If this Contract involves professional services, evidence of professional liability insurance in the amount of $I,000,000.00 must be provided; and, D. Evidence of statutory Worker's Compensation coverage must als0 be provided. All certificates of insurance must provide for guaranteed thirty (30) days written notice of cancellation, non- renewal or material change. Any modifying language in the insurance certificate must be deleted. VI. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by delivery or by certified mail upon the other party as follows: COUNTY: Director Pirna County Health Department 150 West Congress Tucson, Arizona 85701 CONTRACTOR: Chief, Marana Pdlice Department 13291 N. Lon Adams Road Marana, Arizona 85653 520-682-4466 VII. Indemnification. CONTRACTOR shall indemnify, defend and hold harmless 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 fi.om any act or omission of CONTRACTOR, its agents, employees or anyone acting under its direction, control or on its behalf unless due solely to county negligence. VIII. Compliance with Laws. CONTRACTOR shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. - TofMARANADOJ 02.doc 2 IX. Non-Discrimination. CONTRACTOR shall not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out CONTRACTOR'S duties pursuant to this Agreement. CONTRACTOR shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. X. ADA. CONTRACTOR shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213). anO all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. -~' ~ XI. Severability. If any provision of this Agreement is heldt, o be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. XII. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-51 I, the pertinent provisions of which are incorporated herein by reference. XIII. Non-Appropriation. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, Pima County shall have no further obligation to CONTRACTOR other than for payment for services rendered prior to cancellation. XIV. Legal Authority. Neither party warrants to the other its legal authority to enter into this Agreement. If a court, at the request ora third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. XV. Worker's Compensation. Each party shall comply with the notice ofA.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of ~ill personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. XVI. No Joint Venture. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any parmership, joint venture or employment relationship between the parties or create any employer-employee relationship between COUNTY and any CONTRACTOR employees, or between CONTRACTOR and any COUNTY employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without lim/tation) the other party's obligation to withhold Social Security and income taxes for itself or any of its en~ployees. XVII. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the .Agreement by imposing any standard of care different from the standard of care imposed by law. XVIII. Other Documents. CONTRACTOR is a subcontractor to COUNTY under the Arizona Division of Emergency Management (ADEM) U. S. Department of Justice 2002 State Domestic Preparedness Grant, the terms and conditions of which are expressly made a part of this Intergovernmental Agreement. (See Exhibit C) and shall apply with equal forces to CONTRACTOR as if CONTRACTOR were the "Sub-grantee" referred to therein and as ifPIMA COUNTY where the "ADEM" referred to herein. Additionally, where the word "State" appears, it is understood to include PIMA COUNTY. XIX. Entire Agreement. This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder or Arizona Secretary of State as appropriate. TofMARANADOJ 02.doc 3 IN WITNESS WHEREOF, the parties do hereby agree to carry out the terms of this INTERGOVERNMENTAL AGREEMENT. PIMA COUNTY CONTRACTOR By! ' :- ..' Chair Pima County Board of Supervisors ATTEST ATTEST By.., Clerk Pima County Board of Supervisors APPROVED AS TO CONTENT By: Director Pima County Health Department Town Ma~-~ger Pursuant to A.R.S. § 11-952, the undersigned public agency attorneys have determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. By: L~J~~..O0~, By: Deputy Col~ Attorney Attorney TofMARANADOJ 02.doc 4 Fiscal Year 2002 Authorized Equipment Purchase List The Fiscal Year 2002 State Domestic Preparedness Program authorized equipment purchase list was derived from the Standardized Equipment List (SEL). The SEL was developed by the Interagency Board (lAB) for Equipment Standardization and Interoperability. The lAB compiled the SEL to'delineate the · types of equipment necessary for terrorist incident.response. Because the SEL also contains lists of general use and support equipment, a more 'na?row list was derived from the SELto identify the specific types of specialized equiph3ent authorized for purchase under the Fi~scal Year 2002 State Domestic Preparedness Program. A cross~section of officials representing .the U.S. Department of Justice (OJP and FBI), the Public Health Service (PHS), the Federal Emergency Management Agency (FEMA), the U.S. Department·of Energy (DOE); and State and local WMD response experts assisted in the development of this authorized equipment purchase list and in identifying unallowable itemS. Authorized equipment purchases may 'be made in the following categories: -.. 1. Personal Protective Equipment (PPE) 2.. Explosive Device Mitigation and Remediation Equipment 3. WMD Technical. Rescue Equipment ~ '- - 4. Interoperable Communications.Equipment 5. Detection Equipment '. ,' 6. Decontamination Equipment 7. Physical Security Enhancement Equipment ~ - 8. General' Support Equipment 9. Medical-Supplies and Limited Types.of Pharmaceuticals 1. Personal Protective Equipment- Equipment worn to protect the. individual from hazardous materials and contamination. Levels of protection vary and are divided into three categories based on the degree of protection afforded.. The-following constitutes equipment intended for use ina chemical/biological. threat environment:. .. Level A. Fully encapsulated, liquid and vapor protective ensemble selected .when the highest level of skin, respiratory and eye Protection is required.' The following. constitutes Level A equipment for consideration: ... · Fully Encapsulated Liquid and Vapor Protection Ensemble, reuSable or disposable (tested and certified against. CB threats). . · Fully Encapsulated Training Suits · 'Testing Equipment for fully encapsulated suits ' · Ciosed;Circuit.Rebreather (minimum 2-hour supply, preferred), or oPen-circuit SCBA or, when appropriate, Air-Line System with '15-minute minimum escape. SCBA · Spare Cylinders/Bottles for rebreathers or SCBA and service/repair kits. · ChemiCal ResistantGIoves, including thermal, as appropriate to haza'fd · Personal Cooling' SYstem; Vest or Full Suit with support equipment needed for Exhibit A · maintaining body core temperature within acceptable limits · Hardhat · Chemical/Biological ProteCtive Undergarment (fire resistant optional) · · Inner. Gloves · Approved Chemical Resistant Tape · Chemical Resistant Boots, Steel or Fiberglass Toe and Shank.. · Chemical Resistant Outer. Booties. .. · HAZMAT gear bag/box . :.,...- - .. .- .. Level B.. LiqUid splash resistant ensembi.e, used with highest level of respiratory. protectiom The following constitute Level B equipment and should be considered. for use: - ... · Liquid. Splash ReSistant. Chemical Clothing, encapsulated or n0n-encapsqlated · Liquid Splash'Resistant Hood · Closed-Circuit Rebreather (minimum.2-hour supply, preferred), open-circuit SCBA, or when appropriate, Air-Line System with 15-minute minimum escape-. SCBA · Spare Cylinders/Bottles for rebreathers or SCBA.(NIOSH~approved) and service/repair kits · .. .. · Chemical Resistant Gloves, including thermal, as appi'opdate to. hazard · Personal Cooling System; Vest or Full-Suit with support equipment, needed for. maintaining bOdy core temperature within acceptable limits - · Hardha~ '.. · Chemical/Biological Protective Undergarment:-(fire resistant'optional) · Inner Gloves · Approved Chemical Resistant Tape.- , Chemical Resistant Boots, Steel or Fiberglass Toe and Shank · Chemical Resistant Outer Booties.. · HAZMAT Gear Bag/Box - Level. C. Liquid· splash i-esistant ensemble,.with., same level of skin )rotection of Level B, usedwhen the concentration(s) and type(s) of ~irborne substances(s) are known and the criteria for using air-purifying respirators are met. The following constitute Level C equipment and should be considered for use: · Liquid Chemical Splash. Resistant Clothing (permeable or non-permeable) · Liquid Chemical Splash Resistant Hood (permeable or non-permeable) · Tight-fitting, Full Facepiece, Negative Pressure Air Purifying Respirator with the appropriate cartridge(s) or canister(s) and P10(3 filter(s) for protecfJon against toxic industrial chemicals, Particulates, and military specific agen. ts. · Tight-fitting, Full .Facepiece, Powered Air Purifying Respirator (PAPR) or'PAPR with chemically resistant hood with' appropriate cartridge(s) or canister(s) and high-efficiency filter(s) for Protection against toxic industrial Chemicals,·. particulates, and military specific agents. · Equipment Or System Batteries will include those that are :rechargeable (e.g. NiCad) or non-rechargeable with extended shelf life (e,g. Lithium) -. Chemical Resistant Gloves, including thermal, as appropriate to hazard. · Personal Cooling System; Vest or Full Suit with support equipment . · Hardhat. · Inner Chemical/Biological Resistant Garment (fire resistant optional) · Inner Gloves · Chemical Resistant Tape · · Chemical Resistant Boots, Steel or Fiberglass Toe and Shank · Chemical Resistant Outer Booties - · HAZMAT Gear Bag/Box Level D. Selected when no respit~tbry protection and .minimal skin'protection is required, andthe atmosphere contains n6 knoWn hazard and work functions preclude splashes, immersion, or the potential for unexpected inhalation of, Or contact with, hazardous levels of any chemicals. · Escape mask for self-rescue Note: During WMD response operations, the incident commander determines the appropriate level of personal protec§ve equipment. As a guide, Levels A, B, and C are applicable for/chemical/biologica//radio/Ogical contaminated environments. Personnel entering protective postures must undergo medical monitoring prior to and after enby. in addition, the National Fire Protection Association (NFPA) recommends that: 1) open-circuit chemicalj biological, radiological and nuclear (CBRN) SCBA be certified by NIOSH as positive prassure (presSura demand) and also as compliant with NFPA 1981, Standard for Open-Circuit Se/f- Contained Breathing Apparatus for Fira and Ern~rgen cy Services; 2)regular open-circuit SCBA be ~ertified by NIOSH as positive pressure (pressure demand) and a/so as compliant with N/PA 1981, Standard for Open;Circuit Se/f-Contained Breathing Apparatus for Fira and Emergency Services; and, 3) closed, circuit SCBA should be certified by NIOSH as positive pressure (pressura demand)' and have a rated service life of longer than 2 hours Further, NFPA recommends that grant recipients should purchase: 1) protective ensembles for chemical and biological terrorism incidents that are .certif'~:d as compliant with Class 1, Class.2, or C/aSs 3 requirements of NFPA 1994, Protective Ensembles for Chemical/Biological Terrorism Incidents; 2) protective ensembles for hazardous mate~a/s emergencies that are certified as compliant with NFPA 1991, Standard on Vapor Protective Ensembles for' Hazardous Materials Emergencies, including the chemical and biological terrorism protection; 3) protective ensembles for search and rascue or search and recovery operations.where there is no exposure to chemical or biological warfare or terrorism agents and where exposure to flame and heat is unlikely or nonexistent that are. certified as comp#ant with NFPA 1951, Standard on Protective Ensemble for USAR 'Operations; and, 4) protective clothing'from blood and body fluid pathogens for persons providing treatment to victims decontamination that'ara certified as compliant with NFPA 1999, Standard on Protective Clothing for Emergency Medical Operations. For more detailed guidance, please refer, to the lnter Agency Board for Equipment Standardization and Interope'rability 2000 Annual Report. 2. Explosive Device Mitigation and Remediation - Equipment providing for the mitigation and remediation of explosive devices in a WMD environment: o Bomb Search Protective Ensemble for Chemical/Biological Response · Chemical/Biological Undergarment for Bomb 'Search Protective Ensemble · Cooling Garments to manage heat stress · Ballistic Threat Body Armor (not for riot suppression) · Ballistic Threat Helmet. (not for riot suppression) · Blast and Ballistic.Threat Eye-Pr~)tection (not for riot suppression) · Blast and OverpreSsure Threat Ear Protection' (not for riot suppression) · Fire Resistant Gloves' · DearmedDisrupter · Real Time X-Ray Unit · Portable X-Ray Unit . · WMD Compatible Total Containment Vessel (TCv) .. · WMD Upgrades for Existing TCV · Robot · Robot upgrades · · Fiber Optic Kit (inspection or viewing) · Tents, standard or air inflatable for chem/bio protection 3. WMD Technical Rescue Equipment - EqUipment providing a technical search and rescue capability for a WMD environment: ./ · Listening devices · Search Cameras ( including thermal imaging) · Breaking-devices (including spreaders, saws and hammers) · Lifting devices' (including air' bag.Systems and hydraulic rams and jacks) 4. Intero'perable Communications Equipment -' Equipment and systems providing connectivity and electrical interoperability between local and interagency ~organizations to coordinate WMD response operations: o Land Mobile, Two-Way In-Suit Communications (secure', hands-free, fully duplex, optional). · Personnel Alert Safety System (PASS) - (location and physiological monitoring systems optional) · Personnel Accountability Systems : · Individual/portable radios, software radios, potable repeaters, radio interconnect systems, satellite phones, batteries, chargers and battery - ~ conditioning systems · Computer systems designated for use in an integrated system to assist with detection and communication efforts (must be linked with, integrated software packages designed specifically for chemical and/or biological agent detection and communication purposes) · Portable Meteorological Station (monitors temperature, wind speed, wind direction and barometric pressure at a minimUm) · Commercially available cdsiS management software' 5. Detection Equipment - Equipment to sample, detect, identify, quantify, and monitor for chemical, biological, radiological and explosive agents throughout designated areas or at specific points: Chemical ~ · M-8 Detection Paper for chemical agent identification · · M-9 Detection Paper (roll).for chemical agent (military'grade) detection · M-256 Detection Kit for Chemical A. gent (weapons gradc blister: CX/HD/L; blood: AC/CK; and nerve: GBNX) detection · M-256 Training Kit · M-18 Series Chemical Agent Detector Kit for' surface/vapor chemical agent analysis · Hazard Categorizing (HAZCA'r) Kits · photo-Ionization Detector (PID) · Flame Ionization Detector (FID) pH Paper/pH Meter Waste Water Classifier Kit Oxidizing Paper · Surface Acoustic Wave Detector .. · Gas.Chromatograph/Mass Spectrometer (Gc/Ms) · Ion Mobility Spoctrometry · Stand-Off Chemical Detector · M-272 Chemical..&gent Water Test Kit · Colormetric Tube/Chip Kit specific for TICs and WMD applications · Multi-~as Meter ~th minimum of 02 and LEL · Leak Detectors (soap solution, ammonium hydrOxide, etc) Radiological · Radiation detection equipment (electronic or other technology that detects alpha, beta, gamma, and high intensity gamma) · Personal Dosimeter · Scintillation Fluid (radiological) pre-packaged Biological · Point Detection Systems/KitS (lmmunoassay or Other technology) 6. Decontamination Equipment - Equipment and material used to clean, remediate, remove or mitigate chemical and biological Contamination: Chemical · Decontamination system for individual and mass application with environmental controls, water heating system, showers,, lighting, and transportation (trailer) · Decon Utters/roller systems. Extraction Utters. rollable · Runoff Containment Bladder(s), decontamination shOwer waste collection with intrinsically-safe evacuation purhps · Spill Containment Devices · Overpak Drums · Non-t~ansparent Cadaver Bags (CDC standard) Biological · HEPA (High Efficiency Particulate Air) Vacuum for dry decontamination 7. Physical Security Enhancement Equipment - Equipment to enhance physical secudty of critical infrastructure. the Surveillance, Warning, Access/Intrusion Control Ground · Motion Detector Systems: Acoustic; Infrared; Seismic; Magnetometers · Barriers: Fences; Jersey Walls · Impact Resistant Doors and Gates ~' - · Portal Systems · Alarm Systems · Video Assessment/Cameras: Standard, Low Light, IR, Automated Detection · Personnel Identification: Visual; Electronic; Acoustic; Laser; Scanners; Cyphers/Codes · X-Ray Units · Magnetometers · Vehicle Identification: Visual; Electronic; Acoustic; Laser; Radar Waterfront' · Radar Systems · Video Assessment System/Cameras: Standard, Low Light, IR, Automated . Detection · DivedSwimmer Detection Systems; Sonar · Impact Resistant Doors and Gates · Portal Systems · Hull Scanning Equipment · Plus all those for Ground Sensors - Agent/Explosives Detection · Chemical: Active/Passive; Mobile/Fixed; Handheld · Biological: Active/Passive; Mobile/Fixed; Handheld · Radiological · Nuclear · Ground/Wall Penetrating Radar Inspection/Detection Systems.· Vehicle & Cargo Inspection System - Gamma- ray · Mobile Search & Inspection System- X-ray · Non-lnvasive Radiological/Chem/Bio/ExplosiveS System - Pulsed Neutron Activation ',' Explosion Protection · Blast/Shock/Impact Resistant Systems · Protective Clothing · Column and Surface Wraps; Breakage/Shatter Resistant Glass; Window Wraps · Robotic Disarm/Disable Systems 8. General Support Equipment - Equipment intended to support WMD incident response: · Equipment trailer 9. Medical Supplies and PharmaCeuticals - Medical supplies and pharmaceuticals required for response to a WMD incident. Grantees are responsible for replenishing items after shelf-life expiration date(s). Medical SupPlies . · Automatic Biphasic External Defibrillators · Equipment and Supplies for establishing and maintaining a patient airway at the advanced life support level (to include OP and NG airways; ET tubes, styletes, blades, and handles; portable suction devices and catheters; and stethoscopes for monitoring breath sounds) · IV Administration Sets (Macro and Micro) · IV Catheters (14, 16, 18, 20, and 22 gauge) · IV Catheters (Butterfly 22, 24 and 26 gauge) · Manual Biphasic Defibrillators · Eye Lense for Lavage or Continuous Medication · Nasogastric Tubes · Oxygen administration equipment and supplies (including bag valve masks; rebreather and non-rebreather masks, and nasal cannulas; oxygen cylinders, regulators, tubing, and manifold.distribution systems; and pulse oximetry) · Portable Ventilators · Sydnges (3cc and 10cc) · 26 ga. %" needles (for syringes) · 21 ga. 1%" needles (for syringes) The equipment needs by jurisdiction are included in column 2 on the table below. The proposed allocation is in column 3. ?Ro~,oswr~ FY 2002 r~os EQUIPMENT-GRANT ALLOCATIONS Jurisdiction A JO FIRE VALLEY FIRE CORONA DE TUCSON FIRE DREXEL HEIGHTS FIRE ELEPHANT HEAD FIRE FLOWING WELLS IRRIGATION DISTRICT GOLDER RANCH FIRE GREEN VALLEY FIRE MARANA MT LEMMON FIRE NORTHWEST FIRE ORO VALLEY PASCUA YAQUI PICTURE ROCKS FIRE PIMA COUNTY RINCON VALLEY FIRE RURAL METRO FIRE SAHUARITA SOUTH TUCSON THREE POINTS TOHONO O'ODHAM TUCSON TUCCSON AIRPORT WHY FIRE TOTAL ~ . 20 I 36: $ 13,314 $ 1,564 Equipment Allocation.doc Exhibit B 002 AGREEMENT GRANT # 2002-TE-CX-0142 GRANT PERIOD 0~/01/02 TO 07/31/04 FOR THE. PROVISION OF U.S. DEPARTMENT OF JUSTICE 2002 STATE DOMESTIC PREPAREDNESS PROGRAM GRANT FUNDS TO ARIZONA POLITICAL SUBDMSIONS AND INDIAN NATIONS/TRIBES This agreement, between State of Arizona, Divi~i~)n °fEmergency Management (ADEM) and Pima County (the Sub-grantee) shall be effective on the date signed by both parties. It shall apply to funds provided by or through the State to the Sub-grantee, pursuant to the United States Department of Justice CUSDOJ), fiscal year 2002 State Domestic Preparedness Equipment Program, Public Law 106-113 and 106-553. A. The Sub-grantee certifies that: 1. The undersigned individual has legal authority to apply for funds on behalf of the Sub-grantee. 2. Federal funds under this award will be used to supplement but not supplant state or local funds. 3. The Sub-grantee shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving USDOJ funds. The Sub-grantee shall use USDOJ funds solely for the purchases in accordance with the USDOJ authorized equipment purchase list for which these funds are provided and as approved by ADEM. Authorized equipment purchases categories are2 Personal Protective Equipment (PPE) Explosive Device Mitigation & Remediafion Equipment WMD Technical Rescue Equipment Interoperable Commtmication Equipment Detection Equipment Decontamination Equipment Physical Security Enhancement Equipment General Support Equipment Medical Supphes & Limited Types of Pharmaceuticals o The Sub-grantee shall establish and maintain a proper accounting system to record expenditures of grant funds in accordance with generally accepted accounting standards or as directed by A_DEM. o The Sub-grantee shall return to the State, within two months of such request by ADEM, any partial reimbursement not supported by audit or other State review of documentation maintained by the Sub-grantee. Ex_h/bit C 7. The Sub-grantee shall comply with all applicable provisions of State law and regulation in regard to procurement of goods and services. 8. The Sub-grantee shall comply with provisions of the Hatch Act limiting the political activities of public employees. 9. The Sub-grantee shall not enter in to any contract with any party that is debarred or suspended from participating in State programs. 10. In accordance with the provisi6ns of Section 319 of Public Law 101-1~1, and implementing regulations at 44 CRF part .19, the State is responsible for obtaining from the State agencies and sub-grante~'s, contractors and subcontractors under this contract the requisite "Certification Regarding Lobbying" and "New Restriction on Lobbying" (44 C.F.R. Part 18) for each grant. The Sub-grantee is responsible for filing these certification and disclosure forms with the State. 11. In accordance with the Drug Free Workplace Act of 1988 and implementing regulations, the Sub-grantee will provide the State a "Certification Regarding Drug-Free Workplace Requirements". 12. The Catalog Number of Federal Domestic Assistance (CFDA) for this grant is 16.007. B. The Sub-grantee agrees to: Comply with applicable state and federal program laws, Executive Orders, regulations, OMB Circulars, and the current edition of the Office of Justice Programs (OJP) Financial Guide. Comply with the organizational audit requirements OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19 (www.ojp.usdoj.gov/FinGuide.) ~ Complete all activities related to funds within the time period prescribed in USDOJ regulations and on the obligating documents. Written request for an extension will include information and documentation to support the amendment and a schedule for completion. C. Payment. Pima County allocation amount of $1,564,614.35 In Accordance with Code of Federal Regulations, Title 28, Volume 1, Section 66.21: 1. Reimbursement - Reimbursement shall be the preferred method and Sub-Grantee will submit copies of paid purchase orders to ADEM. D. Interest Earned Sub-grantees shall minimize the time elapsing between the transfer and disbursement of funds. 2 Exhibit C In accordance with Sections 102, 103 and 104 of the Indian Self Determination Act (Pub. L. 93-638; USC §450(J), tribal organizations SHALL NOT be held accountable for interest earned pending their disbursement by such organizations. All units of government shall account for interest earned on Federal funds. Units of government may keep interest earned on Federal grant funds up to $100 PER FISCAL YEAR. This maximum limit is not per award, it is inclusive of all interest earned as a result o.f-all Federal grant program funds received' per year. Interest earned in excess o~' $100 must be remitted to the United States Department of Health and Human services, Division of Payment Management Services, P.O. Box 6021, Rockville, MD 20852. E. Non-Availability of Funds Every payment obligation of the State 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 Arizona Division of Emergency Management at the end of the period for which funds are available. No liabilityshall accrue to the State in the event this provision is exercised, and the Arizona Division of Emergency Management shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. F. Audit of Records The Sub-grantee shall retain all data, books and other records ("records") relating to this Agreement for a period of three years aider completion of the Agreement. All records shall be subject to inspection and audit by the Arizona Division of Emergency Management at reasonable times. Upon request, the Sub-grantee shall produce the original of any or all such records. G. Cancellation for Conflict of Interest Pursuant to A.R.S. § 38-511, the state, its political subdivisions or any department or agency 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 of either if any person significantly 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 contract 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 of the contract with respect to the subject matter of the contract. A cancellation made pursuant to this provision shall be effective when the Sub-~rantee receives written notice of the cancellation unless the notice specifies a later tir~e. "' Exhibit C H. Civil Rights All recipients of federal grant funds are required to comply with nondiscrimination requirements contained in various federal laws. All Sub- grantees should consult the assurances to review the applicable legal and administrative requirements of the statute that governs OJ-P-funded programs or activities. Section 809 (c)(1), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789(d) of the Act provides that "no person in any state shall on the grom3.ds of race, color, religion, national origin, or sex be excluded from participati6r/in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or activity" in which federal law enf6~-cement assistance is provided under this chapter. Recipients of assistance under the OJ'P Office for State and Local Domestic Preparedness support are subject to the provisions of Section 809 © of the Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the .Education Amendments of 1972; the Age Discrimination Act of 1975; and the U.S. Department of Justice Non-Discrimination Regulations, 28 CFR part 42, subparts C, D, E, and G. If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability, or age against a recipient of funds after a 'due process hearing, the recipient must agree to forward a copy of the finding to the Office of Civil Rights. If the Sub-grantee !s applying for a grant of $500;006.. or more, U.S. Department of Justice regulations (28 CFR 42.301) require an Equal Employment Oppommity Plan. The plan should be included with the apphcation submission if it is not already on file. In accordance with Assurance No. 15, each Sub-grantee that receives $500,000 or more (or $1,000,000 in an 18-month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP) within 60 days of this award to OCR at U. S. Department of Justice, Office of Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, D.C. 20531. Alternatively, the Sub-grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy -to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The Seven-Step Guide to the Design and Development of an EEOP will assist you in completing this requirement. The Seven-Step Guide and EEOP Short Form may be downloaded fi.om OCR's home page on the Internet (http://www.oip.USDOJ.gov/ocr/). If an agency has under 50 employees, regardless of amount of award, no EEOP is required; however, Sub-grantee must return apphcable portion of Certification Form to OCR within 60 days of award. This Certification Form may also be downloaded from OCR's home page on the Internet. Pursuant to 4 Exhibit C the special condition regarding EEOPs governing this award, recipient acknowledges that failure to submit an acceptable EEOP is a violation of its certified assurances and may result in suspension of draw down of funds until EEOP has been approved by the office for civil rights. Additional Instructions For Sub-grantees Receiving $25,000 Or More, But Under $500,000. Pursuant to Department of Justice regulations, each sub-grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the sub-grantee is awarded $ 1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the Certification Form and return it to OCR within 60 days of award. Additional Instructions For Sub-Grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No certification is required. Instructions for All Sub-grantees. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or' activity. Therefore, OCR investigates complaints by individuals or groups .alleging discrimination by a recipient of OJ-P funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment oppommity requirements. The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e. Additional information and technical assistance on the ~ivil rights obligations of grantees and sub-grantees can be found at: http://www.oip.usdoj.gov/ocr/. I. Arbitration The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518 except as may be required by other applicable statutes. ... Exhibit C