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HomeMy WebLinkAboutRes 2010-40RESOLUTION NO. 2010-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE ACCEPTANCE OF A PUBLIC SAFETY STABILIZATION PROGRAM GRANT FROM THE GOVERNOR'S OFFICE OF ECONOMIC RECOVERY FOR THERMAL IMAGING EQUIPMENT. WHEREAS, the State of Arizona, Governor's Office of Economic Recovery ( "GOER"), has awarded the Town of Fountain Hills, acting by and through its Fire Department, a Public Safety Stabilization Program grant for the purchase of thermal imaging equipment (the "Grant "); and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council ") desire to accept the Grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein. SECTION 2. The Town Council hereby authorizes (i) the acceptance of the Grant in the amount of $28,000.00 and (ii) the execution of an intergovernmental agreement between the GOER and the Town of Fountain Hills Fire Department relating to acceptance and administration of the Grant funds (the "Agreement ") in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute and submit the Agreement and any other necessary or desirable instruments in connection with the Grant and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, November 18,2010. FOR THE TOWN OF FOUNTAIN HILLS: ��r il\-- J( y Schlum, Mayor REVIEWED BY: Richard L. gavis, Town Manager 1360506.1 ATTESTED TO: pro APPR VED AS TO FORM: r Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION NO. 201040 [Agreement] See following pages. 1360506.1 l � i 1360506.1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE GOVERNOR'S OFFICE OF ECONOMIC RECOVERY AND Town of Fountain Hills Fire Department CONTRACT #OER -1 I- IGA -GS -91 This INTERGOVERNMENTAL AGREEMENT (the "AGREEMENT") is entered into by and between the Governor's Office of Economic Recovery ( "GOER'), established by Governor Brewer to oversee and discharge funds granted under the American Recovery and Reinvestment Act of 2009 {"Recovery Act" or "ARRA'), and located at 1700 West Washington, Suite 300, Phoenix, Arizona 85007, and the Town of Fountain Hills Fire Department, located at 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 in accordance with A.R.S. § 41 -2701 et seq., authorizing the State of Arizona, GOER to execute and administer grants for Title XIV of the ARRA, known as the State Fiscal Stabilization Fund (as amended by Public Law 111 -8 (H.R. 1105), the Omnibus Appropriations Act, 2009; Division A, Section 523; March 11, 2009; 123 Stat. 524). The Catalog of Federal Domestic Assistance (CFDA) Number is 84.397, Government Services Fund, administered by the U.S. Department of Education. I. PURPOSE OF THE AGREEMENT GOER is tasked with oversight and swift distribution of Economic Recovery Funding. In this capacity, GOER has agreed to provide funding to the Town of Fountain Hills Fire Department for the purpose of supporting local public safety agencies to provide basic public safety activities, a project that GOER has determined meets the requirements of projects suitable for Recovery Act funding. The jurisdiction agrees to comply with all terms of the proposal as approved, submitted in response to the grant opportunity that emerged from Governor Brewer's Public Safety Stabilization Program. Attachment 1, detailing the jurisdiction's allowable expenditures, is made part of this agreement by reference herein. GOER will fund the jurisdiction up to $28,000.00 for this purpose. II. WORK STATEMENT AND GENERAL PROVISIONS The parties mutually agree as follows: A. Scope of Work 1. The jurisdiction shall provide GOER, within five business days of GOER's request, all information, data and supporting documentation requested by GOER or, if not requested by GOER, determined relevant by the jurisdiction to assist GOER in reconciling award amounts. 2. The jurisdiction shall comply with all ARRA requirements including the following 1512 reporting requirements: a. Provide the following information, as required by GOER by the 15`h day of the month following the end of a quarter or as requested by GOER: b. Grants and Projects c. Financial Transactions d. DUNS e. Prime Vendor /Sub - recipients f. 1512 Report Update 3. The jurisdiction shall make relevant personnel available for contact and meetings with Federal or State oversight agencies, when requested by GOER and shall make relevant jurisdiction personnel available to contact and meet with GOER when requested by GOER. The jurisdiction shall provide to GOER contact names, addresses, telephone numbers, e-mail addresses, and any other relevant contact information available to the jurisdiction regarding the jurisdiction's personnel considered by the jurisdiction relevant to the activities described in this section. GOER shall not reimburse the jurisdiction for any costs associated with the jurisdiction's personnel participation in these activities. 4. GOER may monitor the jurisdiction's compliance with ARRA requirements regarding Recovery Act funds, in addition to any monitoring that other oversight agencies may decide to conduct. The jurisdiction shall cooperate with GOER regarding all monitoring activities related to ARRA funds. The jurisdiction may be required to provide information, data and supporting documentation of their ARRA transactions to GOER. GOER shall not reimburse the jurisdiction for any costs associated with these activities of the jurisdiction. 5. The jurisdiction shall inform GOER when the jurisdiction is contacted by any Federal or State oversight agency regarding Recovery Act dollars within five business days of contact, including: a. When an oversight agency requests any documents, data and information from the jurisdiction. The jurisdiction shall provide copies of the jurisdiction's responses to oversight agencies to GOER, if requested by GOER, within five business days of GOER's request. b. When an oversight agency issues reports to the jurisdiction or about the jurisdiction. The jurisdiction shall provide copies to GOER, if available to the jurisdiction and if requested by GOER, within five business days of GOER's request. c. When the jurisdiction responds to follow -up requests for documents, data and information from oversight agencies. The jurisdiction shall provide copies of the jurisdiction's responses to oversight agencies to GOER, if requested by GOER, within five business days of GOER's request. 6. The jurisdiction shall allow GOER to review the jurisdiction's fraud, waste and abuse prevention programs and ARRA transactions, if requested by GOER in the manner requested by GOER. 7. The jurisdiction shall comply with ARRA requirements as described in the following quotation: "Recipients who have failed to submit a Section 1512 report as required by the terms of their award are considered to be non - compliant. Non - compliant recipients, including those who are persistently late or negligent in their reporting obligations, are subject to Federal action, up to and including the termination of Federal funding or the ability to receive Federal funds in the future." EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF MANAGEMENT AND BUDGET, Peter R. Orszag. B. Method and Terms of Reimbursement Recovery Act funds will be transferred to the jurisdiction on a cost reimbursement basis upon receipt and approval of a Payment Request Form showing cumulative expenditures by line item. Items to be reported on are, dollar amount requested, name of project worked on, any Davis -Bacon reports and project status compared to timeline submitted. Travel expenses shall be at State rates (see website at www. ag o.az.aov /tmvcVdefault.asn) and reimbursable at cost. State rates as established by the Arizona Department of Administration, General Accounting Office are made part of this agreement 2 by reference herein. The jurisdiction will submit to GOER an estimated payment schedule and timeline for the project and the jurisdiction will be responsible for paying vendors associated with this project. GOER may provide to the jurisdiction a master template for the Payment Request Form. GOER will reimburse expenses to the jurisdiction using a warrant, transfer or by direct deposit of Recovery Act funds to the jurisdiction. Method of payment will be at the discretion of GOER and the jurisdiction will allow seven to ten working days for completion of payment of Recovery Act funds after receipt of a Payment Request Form. Any unspent funds associated with this agreement will be refunded to GOER at completion of stated agreement term. Final payment for this agreement will be released upon receipt of any final reporting requirements which are yet to be determined. C. Reporting and Compliance Requirements Payments by GOER to the jurisdiction shall be in strict compliance with OMB Circular A -87, Cost Principles for State, Local and Indian Tribal Governments (2 CFR 225 A -87) and shall adhere to the Federal Cash Management Improvement Act (CMIA) and comply with guidelines of the State Fiscal Stabilization Fund (SFSF), established under Recovery Act through Public Law 111 -5 (H.R.1) and amended by Public Law 111-8 (H.R. 1105). In addition, the Recovery Act specifically provides that funds may not be used by any state or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. The Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate, to meet the reporting and other requirements of the Recovery Act and other applicable law. The accounting systems of all recipients and sub - recipients must ensure that funds from any award under this Recovery Act solicitation are not commingled with funds from any other source. Misuse of grant funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil and/or criminal penalties. Consistent with the special purposes and goals of the Recovery Act, and its strong emphasis on accountability and transparency, it is essential that all funds from a Recovery Act grant be tracked, accounted for, and reported on separately from all other funds. Recipients must also be prepared to track and report on the specific outcomes and benefits attributable to use of Recovery Act funds. Funds associated with this AGREEMENT shall only be used to reimburse the jurisdiction for the purposes set forth on section I of this agreement. The jurisdiction must understand and comply with all applicable Federal and State policies, procedures, and requirements related to Recovery Act monies including, but not limited to, the following: 1). "Buy American Act" Est. 1933 The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ( "Buy American Act'). No award funds may be used for non - American sources of iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification and upon approval of the federal grant agency, a waiver is issued allowing this activity. 2.) Davis -Bacon and Related Acts: Wage Rate Requirements All applicants should be aware that the Recovery Act contains a provision on wage rate requirements that concerns projects funded or assisted by Recovery Act funds that employ laborers and mechanics. See section 1606 of the Recovery Act for the full text of this requirement. 3 3.) ARRA Infrastructure Investment: Preference for Quick -Start Activities Pursuant to section 1602 of the Recovery Act, recipients of funds under this solicitation for infrastructure investment are to give preference to activities that can be started and completed expeditiously, and also are expected to use grant funds in a manner that maximizes job creation and economic benefit For the details of this requirement, please refer to the text of section 1602 of the Recovery Act. 4.) Recovery Act: Contracts Generally speaking, the Recovery Act places special emphasis on the use of fixed -price contracts awarded through competitive procedures. 5.) National Environmental Policy Act Requirements Under section 1609 of the American Recovery and Reinvestments Act of 2009 all recipients must comply with any applicable environmental impact requirements of the National Environmental Policy Act of 1970 (NEPA), as amended, (42 U.S.C. 4371 et sea.), 40 CFR parts 1500 through 1508 and any State government requirements that implement NEPA. III. EFFECTIVE DATE, TERM, TERMINATION, RENEWAL, AMENDMENT A. Effective Date This AGREEMENT shall become immediately effective only upon the following: (1) execution by GOER and the jurisdiction, and (2) execution by GOER's and the jurisdiction's attorneys, whose execution shall determine that this AGREEMENT is in proper form and within the powers and authority granted to GOER and the jurisdiction under the laws of the State of Arizona. B. Tern, Termination, Renewal This AGREEMENT shall begin on October 1, 2010 and terminate on September 30, 2011, unless terminated as provided herein, or extended. Either party may terminate this AGREEMENT at any time by providing thirty (30) days written notice to the other party. If this AGREEMENT is extended by mutual written consent of the parties, all terns, conditions and provisions of the original AGREEMENT shall remain in full force and effect and apply during any extension period. C. Amendment This AGREEMENT may be modified, altered, extended or amended only in writing signed by, or on behalf of, both parties. TV. NOTICES Any and all notices, requests or demands given or made upon the parties hereto, pursuant to or in connection with this AGREEMENT, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as set forth immediately below: GOER James J. Apperson, Director Governor's Office of Economic Recovery 1700 West Washington, Suite 300 Phoenix, Arizona 85007 Phone: (602) 542 -6402 V. ARBITRATION Town of Fountain Hills Fire Department Richard L. Davis, Town Manager Town of Fountain Hills Fire Department 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Phone: 480 -816 -5114 This AGREEMENT is subject to arbitration to the extent required by A.R.S. § 12 -1518. VI. NON - AVAILABILITY OF FUNDS Every payment obligation of GOER under this AGREEMENT is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this AGREEMENT, either party may terminate this AGREEMENT at the end of the period for which funds are available. No liability shall accrue to GOER or the State of Arizona in the event this provision is exercised, and GOER and the State of Arizona shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. VII. CANCELLATION FOR CONFLICT OF INTEREST This AGREEMENT is subject to cancellation pursuant to Arizona Revised Statutes § 38 -511, the provisions of which herein incorporated by reference. VIII. AUDIT OF RECORDS Pursuant to Arizona Revised Statutes § 41 -1351, GOER shall retain all data, books, and other records relating to this AGREEMENT. The jurisdiction is subject to all audit oversight policies and procedures established by GOER. IX. GOVERNING LAW This AGREEMENT is made under, and is to be construed in accordance with, the laws of the State of Arizona. In the event of litigation arising under, out of, or relating to, this AGREEMENT, GOER and The jurisdiction hereby stipulate to the exclusive jurisdiction and venue of the Maricopa County Superior Court in Phoenix, Arizona. X. ENTIRE AGREEMENT This AGREEMENT contains the entire agreement and understanding of the parties `hereto. There are no representations or provisions other than those contained herein, and this AGREEMENT supersedes all prior agreements. between -the- parties- ;wh9ther written or oral, pertaining to the same subject matter of this AGREEMENT. R XI. INVALIDITY OF PART OF THIS AGREEMENT The parties agree that, should any part of this AGREEMENT be held to be invalid or void, the remainder of the AGREEMENT shall remain in full force and effect and shall be binding upon the parties. XII. COUNTERPARTS This AGREEMENT may be executed in any number of duplicate originals, photocopies or facsimiles, all of which (once each party has executed at least one such duplicate original, photocopy, or facsimile) will constitute one and the same document. XIH. INTERPRETATION This AGREEMENT is not to be construed or interpreted for or against either of the parties on the grounds of sole or primary authorship or draftsmanship. )IV. PARAGRAPH HEADINGS The paragraph headings in this AGREEMENT are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this AGREEMENT or any of its provisions. THIS SECTION INTENTIONALLY LEFT BLANK XV. IN WITNESS WHEREOF, the p, Governor's Office of Economic Recovery 1700 W. Washington, Suite 300 Phoenix, Arizona 85007 ames J. ers➢ irector Gove s Office of Economic Recovery ¢ties agree to execute this AGREEMENT. Town of Fountain Hills Fire Department 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Ric ar v s, Town Manager Town of Fountain Hills Fire Department This AGREEMENT is in proper format and is within the powers and authority granted to the respective public agency. 0-" lfijlvv osephKane Name: ANOt:tuu M°Ctiuiws General Counsel Legal Counsel Governor's Office TbWPf F{Tf7fNdW ' f'eLW1ft "!46 ATTACHMENT 1 Allowable Expenditures: Town of Fountain Hills Description qty Unit Cost Total Allowable Cost Thermal imaging cameras 2 $28,000.00 Total Award Amount $28,000.00 Jurisdiction Initials: t"Q, GOER Initial .