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HomeMy WebLinkAboutResolution 2003-039 IGA renewal with pima county for H.I.D.T.A.MARANA RESOLUTION NO. 2003-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, 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 (HIDTA XII). 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 Drag 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 $49,918.00; 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 the Mayor and Council of the Town of Marana, Pima County, Arizona, authorize the Town to execute the Intergovernmental 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 terms of the H.I.D.T.A. grant. PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana, Pima County, Arizona, this 6th day of May, 2003. ATTEST: APPROVED AS TO FORM: Z'"DaniC'~l J. I~ochuli As Town Attorney and not personally RESOLUTION NO. ?OO.N-128 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY SHERIFF'S DEPARTMENT AND THE MARANA POLICE DEPARTMENT ALLOCATING $49,918 OF FUNDS GRANTED BY THE OFFICE OF NATIONAL DRUG CONTROL POLICY (ONDCP) WHEREAS, the Pima County Board of Supervisors has entered into an agreement between the PIMA COUNTY SHERIFF'S DEPARTMENT and the ONDCP to administer $9,616,780 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 WHEREAS, under the terms of the H.I.D.T.A. grant the MARANA POLICE DEPARTMENT may receive up to $49,918 NOW, THEREFORE, be it resolved by the Board of Supervisors of Pima County, Arizona, as follows: Section 1: The Intergovernmental Service Agreement between Pima County and member agencies of the High Intensity Drug Trafficking Program Drug Grant Agreement (HIDTA XIII) ("IGA") with MARANA POLICE DEPARTMENT 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 17th day of JUNE 2003. PIMA COUNTY BOARD OF SUPERVISORS SdYN Chair, Board of rvisors ATTEST: AIN 1 7 2003 ?? 4?cle? Clerk of ffie Board JUfq .1. 7 2003 APPROVEDASTO FORM: Deputy 6?-nty -Attorne-y C,ON TR A C T Marana Police Department r4o. AMENDMENT NO. This nurnoer mijst ac)oear on an invoices, Corresoonaence and documents periaming to this contrqct ARIZONA ALLIANCE PLANNING COMMITTEE (AAPC) HDTA EXECUTIVE BOARD INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN PIMA COUNTY AND MEMBER AGENCIES OF THE 1-11GH INTENSITY DRUG TRAAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA XIII) Whereas, the Office of National Drug Control Policy (ONDCP) has awarded $9,616,780 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 Arizona Southwest Border HIDTA Proaram to be spent in accordance with (OND C? CP) guidelines. Whereas, the PIMA COUNTY SHERIFF'S DEPARTMENT (hereinafter referred to as PCSD), a member of the HDTA Program, is willing to act as the administrator of the grant funds. This agreement is made on this day, , by and between the PIMA COUNTY throuch the PCSD, and the Marana Police Department, hereinafter referred to as the 1.71 GRANTEE. PIMA COUNTY is authorized to enter this agreement pursuant to A.R.S 11-201, 11-251 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 EMTA 2003 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 ZD compliance and review of I-IIDTA 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 Sheriff's Department will handle the processing of vouchers for payment or reimbursement to the GRANTEES. 1. This agreement is effective October 1, 2002 and will terminate on September 30, 2004. Expenditures made on or after October 1, 2002 are eligible for reimbursement. This HDTA 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 HDTA grant award number 13PSAP549 between the Office of National Drug Control C, 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 HDTA Program grant funds shall be used to support and 4? 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 HDTA Pro c' ram , grant and this ag Cr greement. 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 pen-nanently 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 terminate 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 F1IDTA Director. Adjustments or reprogramming in excess of ten percent of the grantee's budget in an initiative or any reprogramming between initiatives ; in any amount, require the approval of the BOARD, and the Arizona 1MTA/ONDCP Representative. Request for budget adjustments or reprogramming must be submitted in writina to the AAPC. Z> Approved program budgets for the Marana Police Department in HIDTA 2002 initiatives: Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTIS) $49,918.00 Total: $49,918.00 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 and the HDTA Program Policy and Budget Guidance - 09/27/01. Z) 6. The GRANTEE agrees that it will provide accounting, auditing, and monitoring procedures to safeguard HDTA Program grant funds and keep such records to assure proper fiscal controls, management, and the efficient disbursement of HDTA Program grant funds. Disbursement of HDTA 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 Sheriff's 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. HDTA Financial & Administrative Guidelines of January 1997). 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 abide by all of the conditions pertaining to confidential fund expenditures as set forth in Attachment A, paragraph #4 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 perforinance reports to the BOARD, on forms provided by the BOARD, documenting the activities supported by the F[IDTA 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. Z? 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 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. 10. Equipment acquired under this arant program must be used by the GRANTEE in the program or project for which it was acquired a 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 oricrinal 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 an amount as stated in the Financial and Administrative Guide for Grants (OJPM7100.OD). 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. PIN4A COUNTY SHERIFF'S DEPARTMENT 1750 East Benson Highway Tucson, Arizona 85714 Attn: Betty Cohen HDTA Accounting Officer b. If the GRANTEE. Marana Police Department 13291 North Lon Adams Road Marana, Arizona 8653 Attn: i6i.Bruse-T-hemas egihrr ,91 N44) V Al Al 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. 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 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 12101-12213) 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 subdivision, 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 contact 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 and objectives of the Arizona MTA Intelligence and Operations Support Center and the annual policy guidance for the High Intensity Drug Trafficking Area Program. ZD Z:1 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 granted by law (For the GRANTEE) Z?/4 ? "Thomas Benavidez - /Richard Vidaurri Town of Marana Attorney Chief of Police Statutory or other legal authority to enter into this aureement: (grantee) Thomas Benavidez Richard Vidaurri Town of Marana Attorney Chief of Police FOR THE GRANTOR: For the Pima Approved as to form and as s Department: authority granted by law Deputy County Attorney, Pima County Statutory or other legal authority to enter into agreement JUN 17 2003 Chairperson, Pima County Board of Supervisors Attest: ?? ."4 .4F - - -- Clerk of the Board JUN .1 7 2003 budget Detail Repoft Fiscal Year: 2003 HIDTA Location: SWB Arizona Grant: 13PSAP549 Task Force: Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTIS) ecipient Agency: Pima County Sheriff's Department esource Agency: Marana Police Department Personnel: Name Annual Time Amount Police Officer $39,934.00 1 $39,934 Total Personnel: $39,934 Benefits: Name Police Officer Annual Time Amount S9,984.00 I S9,984 Total Benefits: S9,984 Total: $49,918 Paee 39 of 71 MARANA RESOLUTION NO. 2003-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA? 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 MIDTA XII). 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 I 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 $49,918.00; and WHEREAS, attached hereto as exh?bit 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 administerin1c., the H.I.D.T.A. grant. NOW, THEREFORE, BE IT RESOLVED the Mayor and Council of the Town of Marana, Pima County, Arizona, authorize the Town to execute the Intercrovemmental 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 terms of the H.I.D.T.A. grant. PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana Pima County, Arizona, this 6h day of May, 200-3 ). V% 1;?iiyor , SUTTON.,JJR. ATTEST: ,?'c-ejyn C. 4?nson Town Clerk APPROVED AS TO FORM: ell, Daniel J. Ifochuli As Town Attorney and not personally