HomeMy WebLinkAboutResolution 2007-225 regional formation of S.W.A.T.MARANA RESOLUTION NO. 2007-225
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE EXE-
CUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARANA POLICE
DEPARTMENT AND REGIONAL JURISDICTIONS TO FORM THE PIMA REGIONAL SPE-
CIAL WEAPONS AND TACTICS (S.W.A.T.) TEAM
WHEREAS the Town of Marana, Pima County, Arizona, recognizes its duty to protect its
citizens through effective police powers and to secure, isolate, and resolve situations in a manner
consistent escalation of force theories and the preservation of life; and
WHEREAS Pima County, Oro Valley, City of South Tucson, Town of Sahuarita, Tohono
O'Odharn Nation, Pascua Yaqui Nation, Tucson Airport Authority and the Town of Marana, desire
to renew its collective agreement as participating jurisdictions that form and operate the Pima Re-
gional Special Weapons and Tactics (S.W.A.T.) Team; and
WHEREAS the Marana Police Department is a participating jurisdiction of the Pima Re-
gional S.W.A.T. Team and may contract for services and enter into agreements forjoint or coopera-
tive action pursuant to A.R.S. 11 -95 1; and
WHEREAS formation of the Pima Regional S.W.A.T. Team enhances the ability of the par-
ticipating jurisdictions, through their various law enforcement agencies, to respond to those situa-
tions in which use of a S.W.A.T. team is appropriate; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the agreement between the Marana Police Department and regional ju-
risdictions, attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized to execute it for and on behalf ofthe Town of Marana.
IT IS FURTHER RESOLVED that the Chief of Police and his staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms, obli-
gations, and objectives of the intergovernmental agreement.
PASSED, ADOPTED, and APPROVED by the Mayor and Co I uncil of th ?'Town of Marana,
Arizona, this 18th day of December, 2007.
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Mayor Ed Honea
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F. ANN RODRIGUEZ, RECORDER
IzECORDED BY: MRB
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DEPUTY RECORDER
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PIMA CO CLERK OF THE BOARD
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RESOLUTION NO. 2008-81
DOCKET:
PAGE:
NO. OF PAGES
SEQUENCE:
RES
PICKUP
AMOUNT PAID
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE PIMA COUNTY SHERIFF'S DEPARTMENT
AND THE
PIMA REGIONAL SPECIAL WEAPONS AND TACTICS ("S.W.A.T.") TEAM
13290
1807
18
20080780543
04/22/2008
14:49
$ 0.00
WHEREAS, the Pima County Board of Supervisors desires to enter into an agreement between
the Pima County Sheriff Department and the Pima Regional Special Weapons and Tactics
("S.W.A.T.") Team and
WHEREAS, said agreement is in the best interests of Pima County.
NOW, THEREFORE, it is resolved that the attached agreement is approved by the Board of
Supervisors.
IT IS FURTHER RESOLVED that the Sheriff of Pima County or his designee is empowered to
sign any and all documents to effectuate the attached agreement.
DATED this 15th day of ~'~ri 1 2008.
PIMA COUNTY BOARD OF SUPERVISORS
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'" Chair of the Boar 4/15/08
ATTEST ~ ~, ~, ~ `
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Clerk of h.e Board
APPROVED AS TO FORM
Deputy C n y Attorney '
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Intergovernmental Agreem >~~~~~ ~~~' ""~~~~i t~~,s~; aad
S!C-~~~!t31~ b~~'ria!~7E sa g~ ~~lS
among ~tt~tr~rtX
Pima County, Town of Oro Valley, Town of Marana, iTy o ou ~`Tuc~"'
Town of Sahuarita, Pascua Yaqui Nation, Golder Ranch Fire District, and the Tucson
_ Airport Authority
for
the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of
a Regional Special Weapons and Tactics Team and Tactical Emergency Medical Support
This Intergovernmental Agreement (this "IGA") is entered into by and among Pima County, a
body politic and corporate of the State of Arizona ("County"); the Town of Oro Valley, a municipal
corporation; the Town of Marana, a municipal corporation; the City of South Tucson, a municipal
corporation; the Town of Sahuarita, a municipal corporation; the Pascua Yaqui Nation; and the
Tucson Airport Authority (referred to collectively as the "Law Enforcement Participating
Jurisdictions"); and the Golder Ranch Fire District, a municipal corporation; (referred to collectively
as the "Fire District Participating Jurisdictions); pursuant to A.R.S. § 11-952. (All Parties to this
IGA are referred to collectively as the "Participating Jurisdictions.")
Recitals
A. WHEREAS the Law Enforcement Participating Jurisdictions previously entered into a
collective agreement to form and operate the Pima Regional Special Weapons and Tactics
("S.W.A.T.") Team; and
B. WHEREAS the County and municipal corporation Participating Jurisdictions may
contract for services and enter into agreements with one another for joint or cooperative
action pursuant to A.R.S. § 11-951, et seq.; and
C. WHEREAS the Pascua Yaqui Tribe may contract for services and enter into agreements
for joint or cooperative action pursuant to Article VI, Section 1(a) of the Constitution of
the Pascua Yaqui Tribe; and
D. WHEREAS Fire District Participating Jurisdictions are authorized pursuant to A.R.S. §
48-805 to employ personnel and provide services deemed necessary for fire protection and
the preservation of life; and
E. WHEREAS any city, town, county, or fire district may budget for and expend monies for
participation in emergency paramedic programs and may enter into intergovernmental
agreements for the delivery of such services pursuant to title 11, chapter 7, article 3
pursuant to A.R.S. § 36-2207; and
F. WHEREAS continuation of the Pima Regional S.W.A.T. Team will maintain and enhance
the ability of the Participating Jurisdictions, through their various law enforcement
agencies, to respond to those situations in which use of a S.W.A.T. team is appropriate;
and
G. WHEREAS the Participating Jurisdictions desire to restate and expand the provisions of
the IGA to include a Tactical Emergency Medical Support ("T.E.M.S.") element.
NOW, THEREFORE, the Participating Jurisdictions, pursuant to the above, and in
consideration of the matters and things hereinafter set forth, do mutually agree as follows:
I. Purpose
Agreement
The purpose of this IGA is to form the Pima Regional S. W.A.T. Team, the mission of which is
to respond when requested by a Participating Jurisdiction or other law enforcement entity to
potentially life threatening situations and/or incidents requiring specialized skills, tactics and/or
equipment, and to secure, isolate and resolve situations in a manner consistent with escalation
of force theories and the preservation of life; and to provide a T.E.M.S. element for S.W.A.T.
or other tactical operations.
II. Scope
The Participating Jurisdictions shall work together in good faith through their various law
enforcement agencies or paramedic operations to form and operate the Pima Regional
S.W.A.T. Team and T.E.M.S. element, all as set forth in the Standard Operating Procedures
and Policies manual, and incorporated herein by this reference (the "Manual"}, and under the
terms and conditions set forth herein.
Additional jurisdictions may be permitted to participate upon the unanimous consent of all the
then Participating Jurisdictions, and execution of a resolution and a counterpart signature page
to this IGA by the additional jurisdiction's governing body. Any new participant so admitted
will be deemed to be a "Participating Jurisdiction," and "Law Enforcement Participating
Jurisdiction" and/or "Fire District Participating Jurisdiction" hereunder.
All individuals selected to participate as members of the S.W.A.T. Team or T.E.M.S. element
will continue to be employees of the Participating Jurisdiction with which they are associated.
III. T.E.M.S. Organization and Structure
The PCSD S.W.A.T. Commander shall serve as the PCSD coordinator of the T.E.M.S. ~;,
element. County shall provide uniforms and tactical equipment for the T.E.M.S. element
~1
members. County shall provide a response vehicle to be operated by the T.E.M.S. element ~~
members and shall provide necessary maintenance and support of such vehicle. County shall ~~~
provide the T.E.M.S. element members with training in, but not limited to, the following areas: ;I,
tactical emergency medical support, tactical operations procedures, and firearms safety and
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handling for the purpose of familiarizing element members with various types of firearms. '~~
(T.E.M.S. element members will not be armed.)
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A designee from a Fire District Participating Jurisdiction or other manager approved pursuant
to the Manual shall assist with T.E.M.S. coordination at the direction of the S.W.A.T.
Commander. Fire District Participating Jurisdictions shall, and Law Enforcement Participating
Jurisdictions may, provide certified emergency paramedics to form the T.E.M.S. element. The
Pima County Sheriffs Department shall provide a drug box and all necessary medical
equipment for the T.E.M.S. element. Fire District Participating Jurisdictions shall establish
and maintain a base hospital contact for the T.E.M.S. element.
The T.E.M.S. element policies, procedures, training, and activities shall be reviewed annually
as provided in the Manual. If the standard operating procedures and directives of the Fire
District Participating Jurisdictions or their base hospitals differ, a determination shall be made
as to which procedures, directives, or base hospitals will be made as provided in the Manual
and in consultation with the Southern Arizona. Emergency Management System.
Emergency Paramedics deemed qualified by their Participating Jurisdiction may apply for
T.E.M.S. element membership. The S.W.A.T. Commander shall determine element size.
Element applicants must pass a physical agility test, criminal history background check, and an
oral interview to be eligible for placement on the T.E.M.S. element. An individual may be
removed from the team by their Fire District Participating Jurisdiction or by the PCSD
S.W.A.T. Commander when either determines that the individual is unable to satisfactorily
perform the duties of a T.E.M.S. element member, or when membership on the T.E.M.S.
element is adversely affecting the performance of the individual's primary duties, or when the
individual is found to have engaged in conduct, on or off duty, that either agency deems
inappropriate by its standards.
All paramedics selected to be part of the T.E.M.S. element shall attend the basic S.W.A.T.
course administered by PCSD. Participating Jurisdictions agree to require T.E.M.S. element
members to attend training and field exercises as necessary to achieve a level of proficiency
necessary for the safe and efficient management of a tactical law enforcement situation. The
expected level of training attendance, with the exception of scheduled vacation, exigent
circumstances, and manpower constraints of the Participating Jurisdiction, is 80% of scheduled
training.
IV. Financing
Each Law Enforcement Participating Jurisdiction will fund the procurement of all necessary
equipment for its members of the Team. Grant funds obtained for the Pima Regional S.W.A.T. ~°
Team shall be used for the benefit of all Participating Jurisdictions. In the event a Law ~~
Enforcement Participating Jurisdiction withdraws from the Team pursuant to Section VI(A) or ~,
(B) of this IGA, the Jurisdiction shall not be entitled to any share of grant funds existing at the ~,
date of withdrawal, and all such funds shall continue to be used for the benefit of the remaining
Participating Jurisdictions. Each Law Enforcement Participating Jurisdiction shall bear the I
costs of its employees incurred in the implementation of this IGA, including wages (including
overtime), health insurance, benefits and workers' compensation.
3
T.E.M.S. paramedics from Fire District Participating Jurisdictions will normally provide
services under this IGA outside of their normally scheduled duty hours, but may also provide
such services during their normal hours. Fire District Participating Jurisdictions mayor may
not backfill the paramedic providing services pursuant to this IGA. Pima County shall
reimburse each Fire District Participating Jurisdiction for either the overtime wages of a
T.E.M. S. paramedic or the overtime wages of a backfilling employee, or for the regular wages
of a T.E.M.S. paramedic if services are provided during normal working hours and another
employee does not backfill for the paramedic. Each Fire District Participating Jurisdiction
shall bear all other costs of its employees incurred in the implementation of this IGA, including
health insurance, benefits, and workers' compensation. The annual amount of reimbursement
for wages for each Fire District Participating Jurisdiction shall not exceed $75,000.
Reimbursement requests shall be submitted monthly, within thirty (30) calendar days of the
end of each calendar month, to the Sheriff s Department Financial Services Unit. The Sheriff's
Department Financial Services Unit shall provide reimbursement to the Fire District
Participating Jurisdiction within thirty (30) calendar days.
V. Term
This IGA shall be for an initial term of five years, effective on the date it is recorded with the
Pima County Recorder, following execution by all the parties. The parties shall have the option
to extend the term of this IGA for two additional five (5) year periods. Any modification or
time extension of this IGA shall be by formal written amendment executed by the parties
hereto.
VI. Termination
A. Withdrawal without Cause. A Participating Jurisdiction may terminate its participation
in the S.W.A.T. Team or the T.E.M.S. element under this IGA, with no less than sixty
calendar days written notice to the other Participating Jurisdictions. If a Participating
Jurisdiction terminates as a result of a failure of its governing body to budget and
appropriate sufficient funds to support that Participating Jurisdiction's participation, and
a sixty calendar days notice is not possible, it shall give the other Participating
Jurisdictions written notice of the nonappropriation within ten (10) days after the final
budget is adopted by its governing body.
B. Withdrawal for Cause. A Participating Jurisdiction may withdraw immediately in the
event that the Team, for reasons other than the actions or directions of that Jurisdiction's ~~!
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Team members, materially breaches the standard operating procedures in a manner that
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exposes that Jurisdiction to significant additional legal liability, or the Team or one or h~;l
more other Participating Jurisdictions materially breaches this IGA. Because each
~9
Participating Jurisdiction understands and acknowledges that its withdrawal from the l~
Team will cause significant disruption to the operation of the Team, it shall not exercise ~ a
this termination option unless the breach or exposure is significant, material, and of an ;~~
on-going nature.
4
C. Termination in Event of County Withdrawal. In the event that the County terminates its
participation in this IGA, and after the duties set forth in subsection D below, this IGA
shall terminate as to all Participating Jurisdictions. The withdrawal of any Participating
Jurisdiction other than the County shall not affect the validity and continuation of the
IGA as to the other parties.
D. Shutting Down Operations. Upon expiration of this IGA, or in the event of an earlier
termination as to all the Jurisdictions, whether by agreement of the Participating
Agencies or as a result of the County's withdrawal, the remaining parties hereto shall
cooperate in good faith to close the operation of the Team in a manner that is safe and
fiscally sound. The various parties who were Participating Jurisdictions at the time of the
termination or expiration shall continue to be liable in their proportionate shares on any
long term financial obligation of the Team, such as the payment of rent, provided that
such obligations were authorized by the parties under this agreement or any supplement.
E. Disposition of Equipment. In the event a Participating Jurisdiction terminates its
participation or withdraws from the Team pursuant to Section VI(A) or (B), any
uniforms purchased through grant funding and assigned to members of the terminating or
withdrawing Jurisdiction shall remain the property of the Jurisdiction. All equipment
purchased through grant funding and assigned as Team equipment will remain with the
remaining Participating Jurisdictions. A terminating or withdrawing Jurisdiction shall
retain any personal equipment purchased for its members by the Jurisdiction. In the
event this IGA is terminated pursuant to Section V(C), all equipment purchased for the
Team through grant funding shall be divided proportionally among the Participating
Jurisdictions.
VII. Insurance
Each Participating Jurisdiction shall obtain and maintain at its own expense, during the entire
term of such Participating Jurisdiction's participation in this IGA, the following type(s) and
amounts of insurance:
a) Commercial General Liability in the amount of $2,000,000.00 combined, single
limit Bodily Injury and Property damage;
b) Commercial or Business automobile liability coverage for owned, non-owned and
hired vehicles used in the performance of this IGA with limits in the amount of
$1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury,
$1,000,000.00 Property Damage;
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c) For Participating Jurisdictions providing T.E.M.S. services, Medical Malpractice ,;~
insurance with limits not less than $2,000,000. ~'~
d) Worker's compensation coverage, including employees' liability coverage, as
required by law.
5
A Participating Jurisdiction may self-insure as permitted by law.
VIII. Indemnification.
To the extent permitted by law, each Participating Jurisdiction (as "indemnitor") agrees to
indemnify, defend and hold harmless each of the other Participating Jurisdictions (as
"indemnitee(s)") from and against any and all claims, losses, liability, costs, or expenses,
including reasonable attorney's fees (hereinafter collectively referred to as "claims") arising out
of bodily injury, including death, or property damage, but only to the extent that such claims
which result in vicarious/derivative liability to the indemnitee(s), are caused by the act,
omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials,
agents, employees or volunteers.
IX. Compliance with Laws
The parties shall comply with all applicable federal, state and local laws, rules, regulations,
standards and Executive Orders, without limitation to those designated within this Agreement.
As to parties that are Indian tribes, an Executive Order shall only be deemed to be applicable if
it specifically names "Indian tribes" as being within the scope of the order, and the person
issuing the Order has lawful authority to issue an Executive Order that would be lawfully
binding upon Indian tribes. The laws and regulations of the State of Arizona shall govern the
rights of the parties, the performance of this Agreement and any disputes hereunder. Any action
relating to this Agreement shall be brought in any court of competent jurisdiction.
X. Non-Discrimination
In performance of this Agreement the parties shall not discriminate against any County
employee, client or any other individual in any way because of that person's age, race, creed,
color, religion, sex, disability or national origin in the course of carrying out their duties
pursuant to this Agreement. The parties who are not Indian tribes shall comply with the
provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is
incorporated into this Agreement by reference, as if set forth in full herein. Those parties that
are Indian Tribes shall comply with all anti-discrimination laws and ordnances specifically
made applicable to Indian tribes by law.
XI. ADA
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The parties shall comply with all applicable provisions of the Americans with Disabilities Act
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(Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations underthe
Act, including 28 CFR Parts 35 and 36.
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XII. Severability
I,
If any provision of this IGA, or any application thereof to the parties or any person or
circumstances, is held invalid, such invalidity shall not affect other provisions or applications
6
of this IGA which can be given effect, without the invalid provision or application and to this
end the provisions of this IGA are declared to be severable.
XIII. Conflict of Interest
This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the
pertinent provisions of which are incorporated herein by reference.
XIV. Legal Authority.
No party warrants to the other its legal authority to enter into this Agreement. If a court, at the
request of a third person, should declare that either party lacks authority to enter into this IGA,
or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and
no recovery maybe had by either party against the other for lack of performance or otherwise.
XV. Workers' Compensation.
Each party who is not an Indian tribe shall comply with the notice of A.R.S. § 23-1022 (E). For
purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all
personnel currently or hereafter employed by that party, irrespective of the operations of
protocol in place, and said party shall have the sole responsibility for the payment of Workers'
Compensation benefits or other fringe benefits of said employees.
XVI. No Third Party Beneficiaries.
Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in
third parties not parties to this IGA or affect the legal liability of either party to the IGA by
imposing any standard of care with respect to the maintenance of public facilities different
from the standard of care imposed by law.
XVII. Sovereign Immunity.
Nothing in this Agreement shall be construed as an express or implied waiver of the sovereign
immunity of any party in any forum or jurisdiction. Provisions of this IGA shall apply to
Native American jurisdictions only to the extent that they do not violate Native American
sovereignty.
XVIII. Entire Agreement.
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This document constitutes the entire Agreement between the parties pertaining to the subject
matter hereof, and all prior or contemporaneous agreements and understandings, oral or
written, are hereby superseded and merged herein. This IGA shall not be modified, amended,
altered or extended except through a written amendment signed by the parties and recorded
with the Pima County Recorder, or Arizona Secretary of State, whichever is appropriate.
7
XIX. Counterparts.
This IGA may be executed in multiple counterpart form, with each such counterpart
constituting a binding original agreement between and among the parties.
-REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK-
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In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by
its clerk, upon resolution of its governing body.
PIMA C TY:
Richard Elias ;,k=y
Chairman, Board of Supervisors
ATTES
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Lori Godoshian
Clerk of the Board.
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Sean Ho in
Deputy County Attorney, Pima County
9
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by
its clerk, upon resolution of its governing body.
TOWN OF ORO VALLEY ATTEST:
Paul Loomis s Kat Cuvelier
Mayor of Oro Valley Town Clerk
Danny S arp
Chief of Police, Oro Valley
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Tobin Rosen
Town Attorney
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In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by
its clerk, upon resolution of its governing body.
TOWN OF-SAHUARI ATTEST: ,~
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Lynn Skel{o `~~ Sandra Olivas
Mayor of huarita Town Clerk
APPROVED AS TO FORM AND LEGAL
AUTHORITY
aniel J. Hoc
Sahuarita Town Attorney
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In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by
its clerk, upon resolution of its governing body.
CITY O ~' ~ ~~ SON
Mayor of South Tucson
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Sharon Martinez-Hayes
Chief of Police, South 7
Hecfor M. Figueroa
City Attorney
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ATTEST: '~~
APPROVED AS TO FORM AND LEGAL
AUTHORITY
e Dolores Robles
Clerk
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In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by
its clerk, upon resolution of its governing body.
TOWN OF M~RANA ATTEST:
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Ed Hon~a Jo n C. B nson
Mayor of Marana T Clerk
APPROVED AS TO FORM AND LEGAL
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ief Richard Vidaurri
Chief of Police, Marana
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AUTHORITY
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction's governing body, and
attested by its clerk, upon resolution of its governing body.
PASCUA YAQ I TRIBE
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Peter Yucup ci
Chairman, Pascua Yaqui Tribe
ATTEST:
Catalina Alvarez
Secretary, Pascua Yaqui Tribe
APPROVED AS TO FORM AND
LEGAL
Tracy Niel
Assistant C ief of Police,
Pascua Yaqui Tribe
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In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by
its clerk, upon resolution of its governing body.
TUCSON AIRPORT AUTHORITY
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Bonnie Allin
President/CEO Tucson Airport Authority
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o Carlson
Director of Public Safety, Tucson Airport
Authority Police Department
ATTEST:
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Linda abry 1
Executive Assistant to the Pre ent/CEO
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Marjorie P
General Counsel, Tucson Airport Authority
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In Witness Whereof, each Participating 3urisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction's governing body, and
attested by its clerk, upon resolution of its governing body.
GOLDER RANCH FIRE DISTRICT ATTEST:
I~i3 ~~~~r~ Stephen F . Brady ~~~~~~ .David Dahl
vice Chairperson, Golder Ranch Fire {~ Golder Ranch Fire District
District Board Member
- G' y' ~ ~ J` iE
~n Fink
ire Chief, Golder Ranch Fire District
APPROVED AS TO FORM AND
LEGAL
AUTHORITY
Donna. Aversa
Golder Ranch District Attorney
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