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HomeMy WebLinkAboutRES 90-35RESOLUTION NO.90-35 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED INTERGOVERNMENTAL SUB -GRANT AGREEMENT BETWEEN THE ARIZONA STATE GOVERNOR'S OFFICE FOR CHILDREN AND THE CITY OF APACHE JUNCTION. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: The Mayor and City Council of the City of Apache Junction does hereby approve the Intergovernmental Sub -grant Agreement with the Arizona State Governor's Office for Children.The City Manager is authorized to accept $7,000.provided by the Governor's Office for Children.The City Manager is authorized to execute this Agreement on behalf of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 18TH DAY OF SEPTEMBER,1990. SIGNED AND ATTESTED TO THIS 19TH DAY OF SEPTEMBER,1990. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: alAAN DAM F.ALEXANDER City Attorney KENNETH BLUNTSCHLY Mayor RESOLUTION OF MEMORIAM Be i t resolved by the Mayor and City Council of the City of Apache Junction, Arizona at its regular meeting held September 18,1990,that the City Council notes with sadness the passing of Mayor Norman S.Hill. Mayor Hill was born in Pennsylvania in April 1930 and died at his home in Apache Junction on March 13,1989.He moved to Arizona in 1960 from Delaware and moved to Apache Junction in 1971.He operated his own plumbing business during his time in Arizona and had retired shortly before his death. Mayor Hill was elected to Apache Junction's first City Council in 1979 and served continuously from then on.He was chosen as Mayor by his fellow coun- cilmembers in 1985 and,in 1987,became the first Mayor elected directly by the voters of Apache Junction.He was a member of the Apache Junction Elks,Moose, Am Vets and Veterans of Foreign Wars;Masonic Lodge 69 F&AM Apache Star Chapter; El Zabarah Shrine Temple;Phoenix Scottish Rite Bodies and Desert Chapel Methodist Church.Mayor Hill's service to the community was immeasurable and reflected his concern for all people,especially those who were disadvantaged. He worked to bring people together at times when events tended to divide them into factions.His words of support,wisdom and counsel will be sorely missed. Be i t further resolved that this Resolution be made a permanent part of the minutes of this meeting and that copies hereof be delivered to his wife and to his surviving children. Presented by the Mayor and City Council of the City of Apache Junction,Arizona, this 18th day of September,1990. K NETH BLUNSTCHLY Mayor KATHLEEN CONNELLY City Clerk / PPROVED AS TO FORM: DA '1 F.ALE C ( I l i v a 4 d City Attorney e-"7 A.G.No:G.O.F.C.Subgrant No:J1'90-05-9504 STATE OF ARIZONA GOVERNOR'S OFFICE FOR CHILDREN 1645 West Jefferson,Rm.420 Phoenix,Arizona 85007 INTERGOVERNMENTAL SUB GRANT AGREEMENT Award is hereby made for financial assistance under the Juvenile Justice Act of 1974,as amended(42 U.S.C.5601 note),and is being provided on the basis of the subgrantee's approved application for funds t o the Governor's Office for Children,hereafter referred as GOFC,Administrator of the Act for the State of Arizona. Subgrantee Apache Junction Police Department Award Period10/1 /9 0To9/30/91 Project Title Juvenile Transportation AWARD SUMMARY:BUDGET SUMMARY: Categories Amount Federal Award State Match Total Award Funds Local Cash Match Total Project Cost $7 000 $0 o A.Personnel B.Fringe Benefits 1,750 0 C.Travel 0 $7.000 D.Equipment 0 •$ 7,000 E.Supplies 0 F.Contractual 44re, met rum n F iosn•.• ••••••111.L. I 1•1‘.• L.1 j11 _C) H.Other Oper.Exp. I .Total Project 5,250 7,000 This document,including the approved application,general conditions and any special conditions attached hereto shall constitute the entire award agreement and supersedes all other understandings,oral or written. The parties hereto certify that the Subgrant shall be administered in accordance with all -,plicable state and federal rules and regulations relating to federal grant funds. SUB GRANTEE GOVERNOR'S OFFICE FOR CHILDREN Signature of Authorized Individual Date Signature of Authorized Individual Date Typed Name Typed Title Secretary o f State Verification of Filing: Toni Neary Harper Typed Name Director Typed Title Subgrant SCOPE OF SERVICES Page 1 No:JF-90-05-9504 Authority to Contract, GOC: A.R.S.41-101.01 11-952 et.seq. Authority to Contract, Subgrantee: A.R.S.8-227(A) 11-952 et.seq. Termination Date 9/30/91 This Juvenile Justice and Delinquency Prevention Subgrant for the period October 1, 1990 to September 30, 1991 is awarded to the Apache Junction Police Department whose responsibility under its JUVENILE TRANSPORTATION PROGRAM is the provision of transportation services for juveniles to comply with the jail removal mandate of the federal Juvenile Justice and Delinquency Prevention Act.This shall be accomplished through the following: 1.To provide non -secure detention and transportation to 328 status offenders from 10/1/90 - 9/30/91. 2.To provide transportation of 33 accused juvenile delinquents to juvenile detention within 6 hours. 3.To have no status of fenders and non -offenders securely detained for any period of time from 10/1/90 - 9/30/91. 4.To have no accused juvenile delinquent detained more than 6 hours from 10/1/90 - 9/30/91. 5.Preparation and maintenance of client records which shall include the following or their equivalent:juvenile's name, age, ethnicity, charge, disposition, time in, time out, condition of confinement (secure/non-secure). G.O.F.C.Subgrant No:JF-90-05-9504 SPECIAL CONDITIONS Page 2 A.Approval of the submitted budget and budget narrative,and its cost estimate in no way implies GOFC'S concurrence with any budget item included which would be an unallowable item or prior approval item as indicated within the OJARS Guideline Manual,M 7100.16,Financial and Administrative Guide for Grants.I t is the responsibility of the Subgrantee to make the necessary evaluation and determination as to the reasonableness and allowability of the individual costs except where OJARS retains cost approval. B.Nothing herein shall be construed as obligating state general appropriation funds for payment o f any debt or liability of any nature arising hereunder.The parties expressly recognize that all payments are to be made by GOFC solely from federal and state funds made available to GOFC for this purpose. C.Grant recipients using grant funds to increase the compensation of personnel that were employees prior to the awarding of this grant must demonstrate that an amount of local funds equal to said grant funds are made available during the project period to increase the compensation by the agency of its existing employees. D.The Subgrantee is required to abide by federal and state procurement procedures.Subgrantee also agrees to •notify all prospective bidders through requests for proposals or invitations for bids that federal and state requirements regarding conflict of interest are applicable in that Subgrantees that develop or draft specifications,requirements,statements of work and/or RFPs for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. E.Approval of submitted budget and its cost estimate shall not relieve Subgrantee from seeking to secure maximum savings on equipment and supplies through competitive bidding or other negotiations in accordance with applicable federal state and local laws,rules and regulations.Purchases must be supported by invoices. F.Subgrantees are to request funds only on an "as needed basis".For subgrants of $25,000 or less,the maximum amount that may be requested is an amount not to exceed a 135 day supply of cash.In calculating this amount,cash on hand,as well as prior requests in process,should be included.For subgrants over $25,000,a 75 day supply of cash is the maximum. G.O.F.C.Subgrant No:JF-90-05-9504 SPECIAL CONDITIONS Page 3 CONTINUATION SHEET G.The Subgrantee agrees to meet with GOFC staff during the first quarter of project operation for the purpose of establishing a plan for project implementation,monitoring and evaluation.The monitoring component of the plan will be designed to assist GOFC staff in determining compliance with the stipulations of the Subgrant Application and Subgrant Agreement. H.Any deviation or failure to comply on the part of the Subgrantee with the conditions of this award without prior GOFC approval may constitute sufficient reason for GOFC to terminate the award,require the return of all unspent funds,perform an audit of expended funds,and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose and conditions of this Subgrant Agreement.If GOFC finds non-compliance,the Subgrantee will receive a formal written notice which identifies the area of non-compliance and the appropriate corrective action to be taken.If the Subgrantee does not respond to this notice within thirty calendar days and does not provide sufficient information concerning the steps which are being taken to correct the problem,GOFC may suspend or permanently terminate the award. I.Subgrantee shall retain and shall require all of its subcontractors to retain for inspection and audit by the state and by the Governor's Office for Children all books,accounts,reports,files and other records relating to the award and performance of this grant for a period of 5 years after its completion.Upon request by the state or the Governor's Office for Children a legible copy or the original of all such records shall be produced by the Subgrantee at the administrative offices for the Governor's Office for Children or at the office of the Auditor General. J.If federal or state audit exceptions are found relative to this AGREEMENT, the Subgrantee shall reimburse all costs incurred by the State of Arizona and GOFC associated with defending against the audit exception,or performing an audit or follow-up audit.Said costs may include,but need not be limited to:audit fees,court costs,travel costs,penalty assessments,attorneys'fees based upon a reasonable hourly amount for the Assistant Attorney General based upon reasonable charges in the community, and all other costs of whatever nature. 1.Immediately upon notification from GOFC,the Subgrantee shall reimburse the amount of the audit exception and any other related costs directly to the Grantor or GOFC as specified by GOFC in the notification. 2.The Subgrantee shall indemnify GOFC and the State of Arizona and hold them,their officers,agents,and employees harmless against any and all liability or damages with regard to audit exceptions. G.O.F.C.Subgrant No:JF-90-05-9504 SPECIAL CONDITIONS Page 3 CONTINUATION SHEET G.The Subgrantee agrees to meet with GOFC staff during the first quarter of project operation for the purpose of establishing a plan for project implementation,monitoring and evaluation.The monitoring component of the plan will be designed to assist GOFC staff in determining compliance with the stipulations of the Subgrant Application and Subgrant Agreement. H.Any deviation or failure to comply on the part of the Subgrantee with the conditions of this award without prior GOFC approval may constitute sufficient reason for GOFC to terminate the award,require the return of all unspent funds,perform an audit of expended funds,and require the return of any previously spent funds which are deemed •to have been spent in violation of the purpose and conditions of this Subgrant Agreement.If GOFC finds non-compliance,the Subgrantee will receive a formal written notice which identifies the area of non-compliance and the appropriate corrective action to be taken.If the Subgrantee does not respond to this notice within thirty calendar days and does not provide sufficient information concerning the steps which are being taken to correct the problem,GOFC may suspend or permanently terminate the award. I .Subgrantee shall retain and shall require all of its subcontractors to retain for inspection and audit by the state and by the Governor's Office for Children all books,accounts,reports,files and other records relating to the award and performance of this grant for a period of 5 years after its completion.Upon request by the state or the Governor's Office for Children a legible copy or the original of all such records shall be produced by the Subgrantee at the administrative offices for the Governor's Office for Children or a t the office of the Auditor General. J.If federal or state audit exceptions are found relative to this AGREEMENT, the Subgrantee shall reimburse all costs incurred by the State of Arizona and GOFC associated with defending against the audit exception,or performing an audit or follow-up audit.Said costs may include,but need not be limited to:audit fees,court costs,travel costs,penalty assessments,attorneys'fees based upon a reasonable hourly amount for the Assistant Attorney General based upon reasonable charges in the community, and all other costs of whatever nature. 1.Immediately upon notification from GOFC,the Subgrantee shall reimburse the amount of the audit exception and any other related costs directly to the Grantor or GOFC as specified by GOFC in the notification. 2.The Subgrantee shall indemnify GOFC and the State of Arizona and hold them,their officers,agents,and employees harmless against any and all liability or damages with regard to audit exceptions. G.O.F.C.Subgrant SPECIAL CONDITIONS Page 4 No:JF-90-05-9504 CONTINUATION SHEET K.The Subgrantee agrees •to comply with the organization audit requirements of both OMB Circular A-128,"Audits of State and Local Governments"and OMB Circular A-133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions".State and local governments receiving $100,000 or more in Federal financial assistance in any fiscal year must have a single audit for that year in accordance with OMB Circular A-128.State and local governments receiving at least $25,000,but less than $100,000 have the option of performing a single audit or separate program audits required by the applicable federal statutes and regulations.State and local governments receiving less than $25,000 in any fiscal year are exempt from a single audit.Institutions of Hgher Education and Other Nonprofit Institutions that receive awards between $25,000 and $100,000 a year shall have an audit made in accordance with OMB Circular A-133 or have an audit made of each federal award.The required audits are to be on an organization -wide basis,independently performed and must be in accordance with "Government Auditing Standards"covering financial audits.These audits are due six months after the close of the fiscal year. L.All parties are hereby put on notice that this AGREEMENT is subject to cancellation by the Governor pursuant to A.R.S.38-511,the provisions of which are incorporated herein. M.This AGREEMENT is subject to arbitration to the extent required by A.R.S. 12-1518. N.All parties to this AGREEMENT agree to comply with State of Arizona Executive Order No.75-5,"PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS --NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS," which is hereby made a part of this AGREEMENT. 0.This AGREEMENT becomes effective when filed with the Secretary of State or or October 1,1990,whichever is later. INIERGUVLKNMENIAL AGKUMLNI DETERMINATION Attorney General Contract No.,which is an agreement between public agencies,has been reviewed pursuant to A.R.S.11-952 by the undersigned Assistant Attorney General who has determined that i t is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those Parties to the Agreement represented by the Attorney General. DATED this day of ,19 . ROBERT K.CORBIN The Attorney General Assistant Attorney General • •%0 A.G.No:G.O.F.C.Subgrant No:J1Y,90-05-9504 STATE OF ARIZONA GOVERNOR'S OFFICE FOR CHILDREN 1645 West Jefferson,Rm.420 Phoenix,Arizona 85007 INTERGOVERNMENTAL SUBGRANT AGREEMENT Award is hereby made for financial assistance under the Juvenile Justice Act of 1974,as amended(42 U.S.C.5601 note),and is being provided on the basis of the subgrantee's approved application for funds to the Governor's Office for Children,hereafter referred to as GOFC,Administrator of the Act for the State of Arizona. Suograntee Apache Junction Police Department Award Period10/1/90To9/30/91 Project Title Juvenile Transportation AWARD SUMMARY:BUDGET SUMMARY: Categories Amount Federal Award State Match Total Award Funds Local Cash Match Total Project Cost $7 000 $0 o A.Personnel B.Fringe Benefits 1.750 0 C.Travel 0 $7.000 D.Equipment 0 E.Supplies 0 W •UVII7LI U/.1.1U11 0 $7,000 H.Other Oper.Exp.5.250 F.Contractual I .Total Project 7,000 This document,including the approved application.,general conditions and any special conditions attached hereto shall constitute the entire award agreement and supersedes all other understandings,oral or written. The parties hereto certify that the Subgrant shall be administered in accordance with all p-r)licable state and federal rules and regulations relating to federal grant funds. SUB GRANTEE GOVERNOR'S OFFICE FOR CHILDREN Signature of Authorized Individual pate Signature of Authorized Individual Date Typed Name Typed Title Secretary of State Verification of Filing: Toni Neary Harper Typed Name Director Typed Title G.O.F.C.Subgrant SCOPE OF SERVICES No:JF-90-05-9504 Page 1 Authority t o Contract, GOC: A.R.S.41-101.01 11-952 et.seq. Authority to Contract, Subgrantee: A.R.S.8-227(A) 11-952 et.seq. Termination Date 9/30/91 This Juvenile Justice and Delinquency Prevention Subgrant for the period October 1,1990 to September 30,1991 is awarded to the Apache Junction Police Department whose responsibility under its JUVENILE TRANSPORTATION PROGRAM is the provision of transportation services for juveniles to comply with the jail removal mandate of the federal Juvenile Justice and Delinquency Prevention Act.This shall be accomplished through the following: 1.To provide non -secure detention and transportation to 328 status offenders from 10/1/90 - 9/30/91. 2.To provide transportation of 33 accused juvenile delinquents to juvenile detention within 6 hours.• 3.To have no status offenders and non -offenders securely detained for any period of time from 10/1/90 - 9/30/91. 4.To have no accused juvenile delinquent detained more than 6 hours from 10/1/90 - 9/30/91. 5.Preparation and maintenance of client records which shall include the following or their equivalent:juvenile's name, age, ethnicity, charge, disposition, time in, time out, condition of confinement (secure/non-secure). G.O.F.C.Subgrant SPECIAL CONDITIONS No:JF-90-05-9504 Page 2 A.Approval of the submitted budget and budget narrative,and its cost estimate in no way implies GOFC'S concurrence with any budget item included which would be an unallowable item or prior approval item as indicated within the OJARS Guideline Manual,M 7100.1B,Financial and Administrative Guide for Grants.I t is the responsibility of the Subgrantee to make the necessary evaluation and determination as to the reasonableness and allowability of the individual costs except where OJARS retains cost approval. B.Nothing herein shall be construed as obligating state general appropriation funds for payment o f any debt or liability of any nature arising hereunder.The parties expressly recognize that all payments are to be made by GOFC solely from federal and state funds made available to GOFC for this purpose. C.Grant recipients using grant funds to increase the compensation of personnel that were employees prior to the awarding of this grant must demonstrate that an amount of local funds equal to said grant funds are made available during the project period to increase the compensation by the agency of its existing employees. D.The Subgrantee is required to abide by federal and state procurement procedures.Subgrantee also agrees to notify all prospective bidders through requests for proposals or invitations for bids that federal and state requirements regarding conflict of interest are applicable in that Subgrantees that develop or draft specifications,requirements,statements of work and/or RFPs for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. E.Approval of submitted budget and its cost estimate shall not relieve Subgrantee from seeking to secure maximum savings on equipment and supplies through competitive bidding or other negotiations in accordance with applicable federal state and local laws,rules and regulations.Purchases must be supported by invoices. F.Subgrantees are to request funds only on an "as needed basis".For subgrants of $25,000 or less,the maximum amount that may be requested is an amount not to exceed a 135 day supply of cash.In calculating this amount,cash on hand,as well as prior requests in process,should be included.For subgrants over $25,000,a 75 day supply of cash is the maximum. G.O.F.C.Subgrant No:JF-90-05-9504 SPECIAL CONDITIONS Page 3 CONTINUATION SHEET G.The Subgrantee agrees to meet with GOFC staff during the first quarter of project operation for the purpose of establishing a plan for project implementation,monitoring and evaluation.The monitoring component of the plan will be designed to assist GOFC staff in determining compliance with the stipulations of the Subgrant Application and Subgrant Agreement. H.Any deviation or failure to comply on the part of the Subgrantee with the conditions of this award without prior GOFC approval may constitute sufficient reason for GOFC to terminate the award,require the return of all unspent funds,perform an audit of expended funds,and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose and conditions of this Subgrant Agreement.If GOFC finds non-compliance,the Subgrantee will receive a formal written notice which identifies the area of non-compliance and the appropriate corrective action to be taken.If the Subgrantee does not respond to this notice within thirty calendar days and does not provide sufficient information concerning the steps which are being taken to correct the problem,GOFC may suspend or permanently terminate the award. I .Subgrantee shall retain and shall require all of its subcontractors to retain for inspection and audit by the state and by the Governor's Office for Children all books,accounts,reports,files and other records relating to the award and performance of this grant for a period of 5 years after its completion.Upon request by the state or the Governor's Office for Children a legible copy or the original of all such records shall be produced by the Subgrantee at the administrative offices for the Governor's Office for Children or a t the office of the Auditor General. J.If federal or state audit exceptions are found relative to this AGREEMENT, the Subgrantee shall reimburse all costs incurred by the State of Arizona and GOFC associated with defending against the audit exception,or performing an audit or follow-up audit.Said costs may include,but need not be limited to:audit fees,court costs,travel costs,penalty assessments,attorneys'fees based upon a reasonable hourly amount for the Assistant Attorney General based upon reasonable charges in the community, and all other costs of whatever nature. 1.Immediately upon notification from GOFC,the Subgrantee shall reimburse the amount of the audit exception and any other related costs directly to the Grantor or GOFC as specified -by GOFC in the notification. 2.The Subgrantee shall indemnify GOFC and the State of Arizona and hold them,their officers,agents,and employees harmless against any and all liability or damages with regard to audit exceptions. G.O.F.C.Subgrant SPECIAL CONDITIONS Page 4 No:JF-90-05-9504 CONTINUATION SHEET K.The Subgrantee agrees to comply with the organization audit requirements of both OMB Circular A-128,"Audits of State and Local Governments"and OMB Circular A-133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions".State and local governments receiving $100,000 or more in Federal financial assistance in any fiscal year must have a single audit for that year in accordance with OMB Circular A-128.State and local governments receiving a t least $25,000,but less than $100,000 have the option of performing a single audit or separate program audits required by the applicable federal statutes and regulations.State and local governments receiving less than $25,000 in any fiscal year are exempt from a single audit.Institutions of Hgher Education and Other Nonprofit Institutions that receive awards between $25,000 and $100,000 a year shall have an audit made in accordance with OMB Circular A-133 or have an audit made of each federal award.The required audits are to be on an organization -wide basis,independently performed and must be in accordance with "Government Auditing Standards"covering financial audits.These audits are due six months after the close of the fiscal year. L.All parties are hereby put on notice that this AGREEMENT is subject to cancellation by the Governor pursuant to A.R.S.38-511,the provisions of which are incorporated herein. M.This AGREEMENT is subject to arbitration to the extent required by A.R.S. 12-1518. N.All parties to this AGREEMENT agree to comply with State of Arizona Executive Order No.75-5,"PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS --NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS," which is hereby made a part of this AGREEMENT. 0.This AGREEMENT becomes effective when filed with the Secretary of State or or October 1,1990,whichever is later. INTERGOVERNMENTAL AGREEMENT ' 'DETERMINATION Attorney General Contract No.,which is an agreement between public agencies,has been reviewed pursuant to A.R.S.11-952 by the undersigned Assistant Attorney General who has determined that i t is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those Parties to the Agreement represented by the Attorney General. DATED this day of ,19 . ROBERT K.CORBIN The Attorney General Assistant Attorney General