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HomeMy WebLinkAboutResolution 2005-024 IGA with pima county concerning a regional special weapons and tactics team MARANA RESOLUTION NO. 2005-24 RELATING TO POLICE; APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WWITH PIMA COUNTY CONCERNING A REGIONAL SPECIAL WEAPONS AND TACTICS 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 ofSahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, Tucson Airport Authority and the Town of Marana, desire to enter into a collective agreement as participating jurisdictions to form and operate the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team; and WHEREAS, the Marana Police Department is a participating jurisdiction ofthe Pima Regional S.W.A.T. Team and may contract for services and enter into agreements for joint or cooperative action pursuant to AR.S. 11-951; and WHEREAS, formation ofthe Pima Regional S.W.AT. Team will 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.AT. team is appropriate; 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 Pima County. NOW, THEREFORE, BE IT RESOLVED BY 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 A, in accordance with the terms of the LG.A PimaRegionalSW A TO5. doc 2/23/2005 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of March, 2005. PimaRegionalSWATO5 ~,,'n~iI ~~ OF ~'IL. ~ ~ ~\\\"ur"";"19~ is ~'CORPORAr.~"S~ - Iii ocx:> - --SEAL - ~ \ ;: ~ ~ ~ ~ -'f ~111I"i\\~:A § ~/jIZ. '\C{¡~\~ .111111\\. 2/23/2005 Intergovern~entali\gree~ent a~ong Pi~a County, Town ofOro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odha~ Nation, Pascua Yaqui Nation, and the Tucson i\irport i\uthority for the For~ation, I~ple~entation, Deploy~ent, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Tea~ This Intergovernmental Agreement (this "IGA") is entered into by and among Pima County, a body politic and corporate ofthe State of Arizona ("County"); the Town ofOro 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 Tohono O'Odham Nation; the Pascua Yaqui Nation; and the Tucson Airport Authority, pursuant to AR.S. § 11-952. Recitals A WHEREAS the Parties to this IGA, herein referred to collectively as the "Participating Jurisdictions", desire to enter into a collective agreement to form and operate the Pima Regional Special Weapons and Tactics ("S.W.AT.") 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 AR.S. § 11-951, et seq.; and C. WHEREAS the Tohono O'Odham Nation may contract for services and enter into agreements for joint or cooperative action pursuant to Article VI, Section 1(£) of the Tohono O'Odham Constitution; and D. WHEREAS the Pascua Yaqui Tribe may contract for services and enter into agreements for joint or cooperative action pursuant to 17 P.Y.C. § 70-120; and E. WHEREAS formation ofthe Pima Regional S.W.AT. Team will enhance the abilityofthe Participating Jurisdictions, through their various law enforcement agencies, to respond to those situations in which use ofa S.W.AT. team is appropriate. 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: 1 Agreement I. Purpose 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 escalation of force theories and the preservation of life. II. Scope The Participating Jurisdictions, through their various law enforcement agencies, shall work together in good faith to form and operate the Pima Regional S.W.A.T. Team, all as set forth in the Standard Operating Procedures and Policies manual attached hereto as Exhibit A, and incorporated herein by this reference (the "Manual"), and under the terms and conditions set forth herein. Additional jurisdictions maybe permitted to participate upon the unanimous consent of all the then Participating Jurisdictions. Any new participant so admitted will be deemed to be a "Participating Jurisdiction" hereunder. All individuals selected to participate as members ofthe Team will continue to be employees of the Jurisdiction with which they are associated. III. Financing Each 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 Participating Jurisdiction withdraws from the Team pursuant to Section V(A) or (B) ofthis 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 jurisdiction shall bear the costs of its employees incurred in the implementation of this IGA, including wages (including overtime), health insurance, benefits and worker's compensation. IV. Term This IGA shall be for an initial term of one year, 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 ofthis IGA for four (4) additional one (1) year periods. Any modification or time extension of this IGA shall be by formal written amendment executed by the parties hereto. 2 V. Termination A. Withdrawal without Cause. A Participating Jurisdiction may terminate its participation in the S.W.A.T. Team under this IGA, with no less than sixty (60) days 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 one-year notice is not possible, it shall give the other Participating Jurisdictions notice ofthe non-appropriation 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 ofthat Jurisdiction's Team members, materially breaches the standard operating procedures in a manner that exposes that Jurisdiction to significant additional legal liability, or the Team or one or more other Participating Jurisdictions materially breaches this IGA. Because each Participating Jurisdiction understands and acknowledges that its withdrawal from the Team will cause significant disruption to the operation ofthe Team, it shall not exercise this termination option unless the breach or exposure is significant, material, and of an on-going nature. 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 ofthe 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. E. Disposition of Equipment. In the event a Participating Jurisdiction terminates its participation or withdraws from the Team pursuant to Section V(A) or (B), any equipment purchased through grant funding and assigned as personal equipment to members ofthe terminating or withdrawing Jurisdiction shall remain the property ofthe 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. 3 VI. Insurance Each Participating Jurisdiction shall obtain and maintain at its own expense, during the entire term of such 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; c) Worker's compensation coverage, including employees' liability coverage, as required by law. A Participating Jurisdiction may self-insure as permitted by law. VII. 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. VIII. Compliance with Laws The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations ofthe State of Arizona shall govern the rights of the parties, the performance oftms Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in any court of competent jurisdiction. IX. N on-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 shall comply with the provisions of Executive Order 4 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. ADA X. The parties shall comply with all applicable provisions ofthe Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XI. Severability 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 ofthis 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. XII. 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. XIII. 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 may be had by either party against the other for lack of performance or otherwise. XIV. Worker's Compensation. Each party 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 ofW orker' s Compensation benefits or other fringe benefits of said employees. xv. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between one party's employees, and any other party hereunder. No party shall be liable for any debts, accounts, obligations or other liabilities whatsoever ofthe other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 5 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. XVIII. Counterparts This Agreement may be executed in two or more counterparts, each ofwhich shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such conterpart and attached to a single instrument. XIX. Entire Agreement. 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. -REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 6 Intergovernmental Agreement- Signature Page among Pima County, Town ofOro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority . fur the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative ofthat Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. PIMA COUNTY: ATTEST: Sharon Bronson, Chair Board of Supervisors Lori Godoshian Clerk of the Board APPROVED AS TO FORM AND LEGAL AUTHORITY Clarence W. Dupnik Sheriff of Pima County Sean Holguin Deputy County Attorney, Pima County REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 7 Intergovernmental Agreement- Signature Page among Pima County, Town ofOro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative ofthat Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TOWN OF ORO VALLEY ATTEST: Paul Loomis Mayor of Oro Valley Kathryn Cuvelier Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Chief Danny Sharp Chief of Police, Oro Valley Tobin Sidles Acting Town Attorney REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 8 Intergovernmental Agreement- Signature Page among Pima County, Town ofOro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative ofthat Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TOWN OF SAHUARITA ATTEST: Charles Oldham Mayor of Sahuarita Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Chief Stuart Heller Chief of Police, Sahuarita Daniel J. Hochuli Sahuarita Town Attorney REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 9 Intergovernmental Agreement- Signature Page among Pima County, Town ofOro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative ofthat Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. CITY OF SOUTH TUCSON ATTEST: Shirley A. Villegas Mayor of South Tucson Dolores Robles City Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Chief Sixto Molina Chief of Police, South Tucson Hector M. Figueroa City Attorney REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 10 Intergovernmental Agreement- Signature Page among Pima County, Town ofOro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team . 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. ;¡;}FA 0 tt Jr. Mayor of Marana ATTEST: APPROVED AS TO AUTHO TY ~~ Chief Richard Vidaurri Chief of Police, Marana REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 11 Intergovernmental Agreement- Signature Page among Pima County, Town ofOro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative ofthat Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TOHONO O'ODHAM NATION ATTEST: Chair Tohono O'Odham Nation Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Chief Richard Saunders Chief of Police, Tohono O'Odharn Nation Jonathan Jantzen Deputy Attorney General, Tohono O'Odham Nation REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 12 Intergovernmental Agreement- Signature Page among Pima County, Town ofOro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative ofthat Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. PASCUA YAQUI TRIBE ATTEST: Tribal Council Chairman Tribal Council Secretary APPROVED AS TO FORM AND LEGAL AUTHORITY Chief Larry Seligman Chief of Police, Pascua Yaqui Tribe Attorney General Pascua Yaqui Tribe REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- 13 Intergovernmental Agreement- Signature Page among Pima County, Town ofOro Valley, Town of Marana, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, and the Tucson Airport Authority for the Formation, Implementation, Deployment, Equipping, Governance and Maintenance of a Regional Special Weapons and Tactics Team In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative ofthat Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TUCSON AIRPORT AUTHORITY ATTEST: Bonnie Allin President/CEO Tucson Airport Authority Chief Mike Martinez Chief of Police, Tucson Airport Authority APPROVED AS TO FORM AND LEGAL AUTHORITY Marjorie Perry Tucson Airport Authority Attorney -END OF DOCUMENT- 14 15