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HomeMy WebLinkAboutResolution 2002-038 IGA with pima county for H.I.D.T.A.MARANA RESOLUTION NO. 2002-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING AN THE INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR ADMINISTERING AND DISBURSEMENT OF FUNDS FROM THE I-UGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA XII). WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Orifice of National Drug Control Policy (ONDCP) has awarded funds to the Pima County Sheriffs 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 $50,511.00; 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. LD.T.A. grant. NOW, THEREFORE, BE IT RESOLVED the Mayor and Council of the Town of Marana, Arizona authorize the Town to execute the Intergovernmental Agreement by and between the Town and Pima County, attached hereto as Exhibit & 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, Arizona, this 2~a day of April, 2002. ATTEST: , ~_ APPROVED AS TO FORM: As Town Attorney and not personally Page 1 of 1 MARANA II RESOLUTION NO. 2002-38 Scrivener's Error Please be advised that Resolution No. 2002-38, passed on March 19th, had been assigned to another document passed on April 2, 2002, and that the April 2, 2002 document has been re-numbered Resolution No. 2002-63 to correct the duplication. Neither resolution required text changes or recordation by the Pima County Recorder. F. ANN RODRIGUEZ, RECORDER DOCx,-T: 11808 RECORDED BY: MMW PAGE: 3476 DEPUTY RECORDER NO. OF PAGE S: 9 0503 PE1 SEQUENCE: 20021020569 P0230 05/28/2002 PIMA CO CLERK OF THE BOARD 44 7 RES 17:30 PICKUP . PICKUP AMOUNT PAID $ 0.00 RESOLUTION NO. 2nng-I 1 n INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY SHERIFF'S DEPARTMENT AND THE MARANA POLICE DEPARTMENT ALLOCATING $50,511 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 $9,584,495 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 $50,511 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 Area Program Drug Grant Agreement (HIDTA XII) ("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 21st day of MAY 2002. PIMA COUNTY BOARD OF SUPERVISORS Ch-mer, Board of Supe is rs ATTEST:..-' MAY 212002 APPROVEDASTOFORJA- MA? C ekk--of the Board, I Deputy County Attorney rL miu- nma aan- T-j r- MARANA RESOLUTION NO. 2002-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE ADMIMSTERING AND DISBURSEMENT OF FUNDS FROM THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (EDTA)GI). WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and I WHEREAS, the Office ofNational Drug Control Policy (ONDCP) has awarded funds to the Pima County Sheriffs Department to adn'llinister; and WHEREAS, the Marana Police Department is a member of the H.I.D.T.A- Southwest Border Alliance; and W'HEREAS, under the terms of the H.I.D.T.A. grant, the Marana Police Departme'nt may receive up to $50,511.00; 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, .khzona 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 ofMarana, Arizona, this 2'dday of April, 2002. ,4TTYE 4ajyoroy A?UTT2-?4 ATTEST: ayor ?UTTON JR. j - !0W, ".,%.. 0 C '?OF n: yn C. tz ST' own Clerk tz lerk C 3 SEAL 1 4 APPROVED AS TO FORM: Z. A ----?D-ar?el -J.Hoc *uZ?!?- As Town Attorney and not personally Page I of I CONTRACT Marana Police Department NO. 40 /_ //_ a- -1310 ? 73 -leo AMENDMENT NO, TbIS 'lumber must iivDear on all Invoices, cor!g6ooncence and documents perla,ning to this contract, ARIZONA ALLIANCE PLANNING COMMITTEE (AAPC) HIDTA EXECUTIVE BOARD INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN PIMA COUNTY AND MEMBER AGENCIES OF THE HIGH INTENSITY DRUG TRAAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (HIDTA XII) Whereas, the office of National Drug Control Policy (ONDCP) has awarded LO "'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 a,,.,)encies of the Arizona Southwest Border HIDTA Program to be spent in accordance with (ONDCP) guidelines. Whereas, the PIMA COUNTY SHERIFF'S DEPARTMENT (hereinafter referred to as PCSD), a member of the HIDTA Program, is willing to act as the administrator of the grant funds. This agreement is made on this day.,,,?/4 ? p?' MOW, by and between the PIMA COUNTY through the PCSD, and the Marana Police Dd?artment, hereinafter referred to as the GRANTEE. PIMA COUNTY is authorized to enter this agreement pursuant to A.R.S 11-201, 11-251 and 11-951 through 11-954. 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 2002 Grants. BOARD: Defined as the Members of the Arizona HIDTA Executive Committee and its Executive staff defined as the Arizona Alliance Planning Committee. The day-to-day compliance and review of HIDTA initiatives within the State of Arizona will be carried out by the staff of the Arizona Alliance Planning Committee (AAPC) at the direction of the Arizona HIDTA Executive Committee (AHEC). ADMINISTRATOR: The accounting section of the Pima County Sheriff s Department will handle the processing of vouchers for payment or reimbursement to the GRANTEES. 0 8 ORIGINAL 1 OF 3 I . This agreement is effective October 1, 2001 and will terminate on December 31, 2001 Expenditures made on or after October 1, 2001 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 12PSAP549 between the Office of National Drug Control Policy (ONDCP) and PCSD. The GRANTEE agrees to return any unexpended funds to the BOARD within 60 days of the expiration of this grant. 2. The GRANTEE agrees that HIDTA Program grant funds shall be used to support and enhance activities intended to deter, investigate, and/or prosecute dru offenders. Grant 0 9 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 permanently 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 perforined 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 a,o,encies; 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 2002 initiatives: Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTIS) $50,511.00 Total: $50,511.00 5. The GRANTEE agrees to comply with the financial and administrative requirements set forth in the effective edition of the ONDCP Financial and Administrative Guidelines. 6. The GRANTEE agrees that it will provide accounting, auditing, and monitoring procedures to safeguard HIDTA Program grant funds and keep such records to assure proper fiscal controls, management, and the efficient disbursement of HIDTA Program grant funds. Disbursement of HIDTA Program grant funds to the GRANTEE can be on a reimbursement or advance basis. Reimbursement requests should be made on a monthly basis to eh Pima County Sheriffs Department Finance Unit. Requests for reimbursement must include a detailed listino, 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 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 performance reports to the BOARD, on forms provided by the BOARD, documenting the activities supported by the I HIDTA Program grant funds and providing an assessment of the impact of those activities on drug trafficking. The reports shall be submitted at specific timetables to be determined by the BOARD and the Office of National Drug Control Policy. 9. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. The GRANTEE is required to assure such items are not 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 grant 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 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 an amount as stated in the Financial and Administrative Guide for Grants (OJPM 7100. OD). I L This agreement may be modified only by a written amendment signed by persons duly authorized to enter into agreements on behalf of the PCSD and GRANTEE. Any notice given pursuant to this agreement shall be in writing and shall be considered to have been given when actually received by the following addresses or their agents or employees. a. If to the PCSD. PIMA COUNTY SHERIFF'S DEPARTMENT 1750 East Benson Highway Tucson, Arizona 85714 Attn: Betty Cohen HIDTA Accounting Officer I., b. If the GRANTEE. Marana Police Department 13291 North Lon Adams Road Marana, Arizona 8653 Attn: Lt. Bruce Thomas 12. The GRANTEE agrees that in the event that a Federal or State court, or Federal or State administf ative 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 furids. 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 Z.:- matter of the contract. IS. 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 HIDTA Intelligence and Operations Support Center and the annual policy guidance for the High Intensity Drug Trafficking Area Program. ::t 4 0 :L-3 0 .:.r- 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 GW%4TEE) OF RATE Daniel J.ZGchufi WE Statutory or other legal authority to enter into this agreement: (99r L-May(;VB'o1ky Sutton, Jr. FOR THE GRANTOR: For the Pima County Sheriff's Department: Stanley Cheske Chief Deputy, PCSD Approved as to form and as to authority granted by law Gp??uerin Deputy County Attorney, PinTa County Statutory or other legal authority to enter into agreement ?Chairperson, Pima Countyl§oTr?d of Supervisors MAY 2 1 20M Attest: S 4r Cle oi e a d M .......... 4 0 8 4 0 I / uq -0 ?' Budget Detail Report Fiscal Year: 2002 HIDTA Location: SWB Arizona Grant: 12PSAP549 Task Force: Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTIS) Recipient Agency: Pima County Sheriffs Department Resource Agency: Marana Police Department Personnel: Name Annual Time Amount ,Police Officer $34,244.00 1 $34,244 Total Personnel: $34,244 Benefits: Name Annual Time Amount Police Officer $8,561.00 1 $8,561 Total Benefits: $8,561 Overtime: Position Hours Rate Amount Police Officer 1.00 $7,706.00 $7,706 Total Overtime: $7,706 Total: $50,511 C; Page 36 of 67