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HomeMy WebLinkAboutResolution 98-055 IGA renewal with DPS for statewide gang task forceMARANA RESOLUTION NO. 98-55 A RES OLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO RENEW THE INTERGOVE~ENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE TOWN OF MARANA THROUGH ITS POLICE DEPARTMENT PROViDING FOR MARANA'S C~NTINUED PARTICIPATION IN THE STATEWIDE GANG TASK FORCE. WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Arizona Department of Public Safety has formed a Statewide Gang Task Force for the purposes of organizing law enforcement agencies in the common goal of effectively fighting illegal activity by gang members; and WHEREAS, the Town of Marana originally entered into an Intergovernmental Agreement for Mutual Aid in Law Enforcement Statewide Gang Task Force in I994 and has rene~ved that agreement every year since, and the current Intergovermnental Agreement ~vili expire June 30, 1998; and WHEREAS, it is in the best interest of the citizens of the Town of Marana that the Town renews the Intergovernmental Agreement allowing Marana to cooperate with the Arizona Department of Public Safety and the other cooperating police agencies in fighting the gang problem. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Mayor is authorized to execute the Intergovernmental Agreement for Mutual Aid in Law Enforcement Statewide Gang Task Force, effective July 1, 1998 through June 30, 1999. Marana, Arizona Resolution No. 98-55 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2~4 day of June, 1998. Sand/ eclose APPR~VED AS TO FORM: .,/'/~aniel J. Ho~huli Town Attorney Marana, Arizona Resolution No 98-55 Page 2 of 2 C NO. 4 1144 - DPSCONTRACTNO. "7q-677 INTERGOVERNMENTAL AGREEMENT REGARDING STATEWIDE GANG TASK FORCE This Intergovernmental Agreement ("IGA") is entered into between the State of Arizona through its Department of Public Safety, hereinafter referred to as "DPS", and Marana Police Department hereinafter referred to as "Agency". The purpose of this Agreement shall be to enhance law enforcement services concerning the criminal activities of street gangs, through the cooperative efforts of the parties to this Agreement. DPS is authorized and empowered to enter into this IGA pursuant to A.R.S. §41-1713 B.3 both parties are authorized and empowered to enter into t4is IGA pursuant to - A.R. S. § 11-952 and the Agency is authorized and empowered pursuant to kk,?eL Now, in consideration of the mutual promises set forth herein, the parties to this Agreement hereby agree to the following terms and conditions: 1. Participation The Agency agrees to assign three (3) P.O.S.T. certified sworn law enforcement officer(s), herein referred to as officer, to DPS on a full-time basis for such assignments within the purposes of this contract, as directed by DPS. During this period of assignment, the Agency and DPS agree to allow said officer(s) to maintain all benefits, rights, and privileges available to said officer(s) as if they were assigned on a full-time basis to the Agency during this period. The assigned officer(s) must abide by all of the applicable rules and regulations of the Agency and are subject to its disciplinary process. II. Reimbursement DPS agrees to reimburse the Agency on a monthly basis (based upon DPS weekly time sheets completed by the officer) for all payroll expenses of the officer(s) related to this assignment, including salary, shift pay, overtime compensation (based upon DPS rules, not to exceed 13 hours per month), benefits (which accrue during the term of this IGA) and employee-related expenses to include employer's workman's compensation and social security at established rates, and vacation, and sick leave taken while working for the gang task force. There must be a minimum of 40 hours GITEM related work in order for DPS to reimburse for overtime Ir. an:7 given week. Overtime compensation will be for GITEM related activities only. The limitation of overtime to 13 hours per month may be exceeded WUoyt contacting Agency if DPS determines that additional funding is available. (MWthly .&-'cation ich accrues rl?__onn , ? ?rSlCK TMt"Wil but is not used by the officer will not be reimbursed.) All I V el ts, including shift pay, will be based on the following assumptions: a stan 0 'AhfiHAVAW*k of four ten-hour days, with standard work schedule of 2:00 sday through Saturday. Prior to the officer reporting to L a s to ish DPS P?P Februaty 12, 1999 1 4M- 0 S '95: .p2l!A DIEU 3jels JO AliplWOOS 0q, with the following information: officer's annual, bi-weekly and hourly rates of base pay and fringe benefits, as well as, the overtime rate based upon the assumptions outlined above. DPS is not obligated to reimburse Agency for salary raises or modifications to base salaries unless Agency submits such modification to DPS at least 60 days from the effective date of such modification. All approved travel expenses will be reimbursed directly to the officer(s) by DPS under employee travel reimbursement guidelines established by the Arizona Department of Administration. The amount reimbursed for the aforementioned expenditures shall be for actual costs only for the period of this agreement. DPS shall assign and maintain DPS vehicles which shall be provided by DPS in accordance with DPS vehicle policy to the Agency officer(s) assigned to DPS. 111. Nondiscrimination All parties agree to comply with the non-discrimination provisions of the Governor's Executive Order 75-5. IV. Indemnification The state of Arizona shall hold harmless the agency, its officers, employees and departments from and against all suits, legal or administrative proceedings, claims or damages while their officers/employees are on duty, acting in the furtherance of the GITEM Gang Task Force and operating under the direction of DPS and are in compliance with DPS policies and procedures. V. Drug Free Workplace Any officer assigned to the task force will be subject to random and/or for cause drug and alcohol testing in accordance with his/her Agency's guidelines. If the Agency does not have a drug free program, the officer will be required to submit to testing pursuant to the DPS Drug Free Workplace Program. Each assigned officer shall be subject to the responsibilities of and shall retain all rights as provided for in the DPS Drug Free Workplace Program Manual, DPS Form Number DPS 932-02056. DPS shall not charge any fee or cost to the contractor for any assigned officer who undergoes testing. Officers may be removed from the task force for failure to comply with the program or for failure to pass DPS drug screening requirements. VI. Termination Either party may terminate this Agreement for convenience or cause upon thirty (30) days written notice to the other party. Upon termination, DPS shall pay all outstanding amounts up through the time upon which the termination becomes effective. All property shall be returned to the owning party upon termination. February 12, 1999 Any notice required to be given under this Agreement will be provided by mail to: Captain Michael Orose ' Arizona Department of Public Safety Post Office Box 6638 Phoenix, Arizona 85005 Chief David R. Smith Marana Police Department 13291 N. Lon Adams Marana, Arizona 85653 VII. Cancellation All parties are hereby put on notice that this contract is subject to cancellation by the Governor for conflicts of interest, pursuant to A.R.S. §38-511. VIII. Recordkeeping All records regarding this Agreement, including officer's time accounting logs, must be retained for five (5) years in compliance with A.R. S. §35-214, entitled Inspection and Audit of Contract Provisions. IX. Fees In no event shall either party charge the other for any administrative fees for any work performed pursuant to this Agreement. X. Jurisdiction The Agency agrees to permit their officer(s) to work outside of their regular jurisdictional boundaries. XI. Effective Date/Duration This Agreement shall become effective upon the execution of two (2) originals by the parties hereto, and upon one (1) original being filed with the Arizona Secretary of State. This Agreement shall be for a term of one (1) year after the IGA has become effective, but shall automatically renew itself upon the first day of the following year if DPS sends out a written notice of funding availability to the Agency within thirty (30) days prior to the end of each year. All prior agreements regarding the Statewide Gang Task Force are canceled as of the effective date of this Agreement. XII. Worker's Compensation Benefits Pursuant to A.R.S. §23-1022 D., for the purposes of worker's compensation coverage, all employees covered by this Agreement shall be deemed to be an employee of both agencies. The primary employer shall be solely liable for payment of worker's compensation benefits. Fehruary 12, 1999 IN WITNESS WHEREOF, THE PARTIES HEREBY subscribe their names this day of 319-. State of Arizona By: By: Directorps Agedcy (fff,&K A P P R III FE D -Legal Section Arizona Department of Public Safety February 12, 1999 Date: ?31e a-If 7 Date: X? 0 ?OBY 7i A -A A?A -1j?1Z014P1 STATE OF ARIZONA JANET NAPOLITANO A-fToRNEY GENERAL OFFICE OF THE ATTORNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007-2997 MAIN PHONE: 542-5025 TELECOPIER : 542-4085 INTERGOVERNMENTAL AGREEMENT DETERMINATION Contract No. KR99-0511-TRN, an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952, as amended, by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining parties, other than the State or its agencies, to enter into said agreement. DATED this 19th day of March 1999. JANET NAPOLITANO Attorney General WILIXVIAM S1 J*??o , JR. Ass??sta ?-??ney General Transportation Section A. G 6261 ARIZONA DEPARTMENT OF PUBLIC SAFETY .4, 2102 WEST ENCANTO BLVD. P.O. BOX 6638 PHOENIX, ARIZONA 85005-6638 (602) 223 - 2000 June 12, 2002 David R. Smith, Chief Marana Police Department 13291 N. Lon Adams Road Marana, Arizona 85653 Dear ChiefSmith: JANE DEE HULL DENNIS A. GARRETT GOVERNOR DIRECTOR This letter is the formal notification as required in accordance with Section VI (Termination) of the Intergovernmental Agreement (IGA) between the Arizona Department of Public Safety (DPS) and the Marana Police Department. Due to severe budget restrictions, DPS regretfully must terminate this agreement effective July 1, 2002. As you may be aware, the Arizona Legislature has passed legislation stating DPS is strictly prohibited from reimbursing any agencies in counties with a population of 750,000 or more. As a result of this legislation, the Gang Intelligence Team Enforcement Mission (GITEM) will be unable to reimburse costs related to salary, overtime, and employee related expenses (ERE) to any agencies meeting the specified directives of this legislation. DPS/GITEM has had an excellent working relationship with the Marana Police Department during its participation with the state gang task force. I hope at a future date your agency and ours will again be able to participate in the same capacity. SinceraK yi A Dennis Garrett, Colonel Director sw