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HomeMy WebLinkAboutResolution 95-045 IGA with pima county for an allocation of funds to the police department as a member of the H.I.D.T.A area programRESOLUTION NO. 95-45 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTI-IORIZING THE TOWN TO ENTER AN INTERGOVERNMENTAL AGREEIvlE~NT WITH PIMA COUNTY PROVIDING FOR THE ALLOCATION OF FEDERAL GRANT MONEY TO THE MARANA POLICE DEPARTMENT, AS A MEMBER OF THE KIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM (HIDTA). WHEREAS, lima County Sheriffs Department has been awarded $4,303,700.00 by the U.S. Department of lustice to be allocated to member agencies of the Arizona Southwest Border HIDTA Program; and WHEREAS, the Mararia Police Department is a member of the Arizona Southwest Border HIDTA Program; and WHEREAS, the lima County Sheriffs Department is willing to act as the administrator of the grant funds; and WHEREAS, the Town Council believes that entering this intergovernmental agreement would be beneficial to the Town of Marana. NOW, THEREFORE, BE IT RESOLVED, that the Town of Mararia is authorized to enter into an Intergovernmental Agreement with lima County providing for the allocation of federal grant money to the Mararia Police Department, a member of the Arizona Southwest Border High Intensity Drug Trafficking Area Program. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of August, 1995. ·own C rk// APPROVED AS TO FORM: Daniel J. Hochuli Town Attorney Mayor ED' HONEA No. 95-45 Page 1 of 1 marana CONTRACT NO. 111 - / Q / ?1 10 2L AMENDMENT NO. This number must appear on all invoices, correspondence, and document'?. pertaining to this -oilrr, ?ct ARIZONA ALLIANCE PLANNING COMMITTEE (AAPC) HIDTA EXECUTIVE BOARD INTER-GOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND MEMBER AGENCIES OF THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA VI) Whereas, the Department of Justice, Office of Justice Programs (OJP) has awarded $4,963,903.00 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 (OJP) 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 , 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. sections 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 HIDTA 96 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 at the direction of the AHEC (Arizona HIDTA Executive Committee). ADMINISTRATOR: The accounting section of the Pima County Sheriffs Department will handle the processing of vouchers for payment or reimbursement to the GRANTEES. 1 - Funding for this agreement is scheduled to commence on October 1, 1995 and will terminate on September 30, 1996. 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 96 between the Office of National Drug Control Policy(ONDCP) and the 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 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 ( which is attached as Addendum # A and incorporated herein) 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 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. 2 4. The approved program budget is shown below. The GRANTEE may make budget adjustments of up to ten percent of the total grant within any approved budget category after notification to the staff of the Arizona Alliance Planning Committee and the Administrator/PCSD. Adjustments or reprogramming in excess of ten percent require the approval of the BOARD, the Southwest Border HIDTA Co-ordinator, and the Office of National Drug Control Policy. Requests for budget adjustments and/or reprogramming must be submitted in writing to the PCSD through the AAPC. APPROVED PROGRAM BUDGETS FOR MARANA POLICE DEPARTMENT IN HIDTA 96 INITIATIVES: 1. Metropolitan Area Narcotics Trafficking Interdiction Squad $35,544.00 Total: $35,544.00 * DETAILED BUDGETS BY CATEGORY ARE APPENDED TO THIS AGREEMENT. 5. The GRANTEE agrees to comply with the financial and administrative requirements set forth in the effective edition of the Financial and Administrative Guide for Grants (OJP M71 00.1 D). 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 will be on a reimbursement 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 or other supporting documentation for all expenditures. Payroll reimbursement requests must include time sheets and documentation of earnings and fringe benefit amounts paid. 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 Appendix 7 of the OJP Financial and Administrative Guide for Grants. This signed certification shall be designated Attachment B 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 time tables 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, are not duplicative or excessive, and should make market surveys and obtain the best price available. 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 may be retained, sold, or otherwise disposed of with no further obligation to the ONDCP. Items in excess of $5,000 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 addressees or their agents or employees. a. If to the PCSD. PIMA COUNTY SHERIFF'S DEPARTMENT 1750 E. Benson Highway Tucson, Arizona 85714 Attn: Wendy Spaulding Finance Director 4 b. If to the GRANTEE. Marana Police Department 12775 N Sanders Road Marana, Arizona 85653 12. The GRANTEE agrees that in the event that a Federal or State court, or Federa 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 agrees that it is acting as an independent contractor and agrees to hold the PCSD and the Grant Administrator harmless from the actions of the GRANTEE'S employees. 14. No right or interest in this agreement shall be assigned by GRANTEE without prior written approval of the PCSD. No delegation of any duty of GRANTEE shall be made without the prior written approval of the PCSD. 15. "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." 16. 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 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 in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. " 17. This contract is effective upon filing with the Pima County Recorder. 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. 5 19. Should this initiative include confidential funds, then prior to the expenditure of any portion of the confidential funds, the project director shall sign a certification indicating that he has read, understands, and agrees to abide by all of the conditions pertaining to confidential funds as set forth in the effective edition of OJP M 7100. 1, Financial and Administrative Guide for Grants. IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year first above written: FOR THE GRANTEE FOR THE PIMA COUNTY SHERIFF'S DEPARTMENT ?S ?y???? tanley Cheske Chief Deputy, PCSD Approved as to form and as to authority granted by law rard M. Guerin Deputy County Attorney Statutory or other legal authority to enter into agreement Paul Marsh Chairman, Pima County Board of Supervisors F:O HE BOARD erk of ?he Baird ChairmaA/,HlDfA7--Executive Board Program- Director, AAPC 6 w A W.- - Im I IA I 1vt: JAGENCYI-Mararti,- 7 Item A Personnel IName[Positon i I lAnnual !%-Fime ISubtotal I Total . I I 1 1- !Pofice Officer S --ils, 9-00 B. Fringe Benefits Patice Officer S 7,181.00 I NamL-Position Hours Rate JSubtotal Total C. Overtime/Consultants I I I - Poke Officer S 6.544.00 0. 7ravel NameiPosition Purpose ;Subtotal Total Description Period/Clty S Unit Subtotal Total E. Facilities _ Rent Utilities F. Services G. Equipment H. Supplies 1 Other Cost S . tap $