Loading...
HomeMy WebLinkAboutResolution 97-044 IGA with DPS for continuing participation the statewide gang task forceMARANA RESOLUTION NO. 97-44 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL A(ilZ .Flk~IF2qT WITH THE ARIZONA DEPARTMF. NT OF PUBLIC SAFETY PROVIDING FOR MARANA'S CONTINUED PARTICIPATION IN THE STATEWIDE GANG TASK FORCE. WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHERF. AS, the Arizona Depamnent of Public Safety has formed a Statewide Gang Force for the purposes of orga~ifing 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 1994 and has renewed that agreement every year since, and the current Intergovernmental Agreement will expire ~lune 30, 1997; and WHEREAS, it is in the best interests of the citizens of the Town of Mararia that the town renew the Intergovernmental Agreement allowing Mararia to cooperate with the Arizona Department of Public Safety and the other cooperating police agencies in fighting the gang problem. NOW, TI-]~REFORE, 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 S~tewide Gang Task Force, effective July 1, 1997 through June 30, 1998. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of June, 1997. APPROVED AS TO FOR~: Daniel ~. Hoehull Town Attorney Mayor ORA ~HARN/' Page 1 of 1 ,:d I)PS CONTRACT NO. -7 A. G. CONTRACT NO. INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID IN LAW ENFORCEMENT 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. The State is authorized and empowered to enter into this IGA pursuant to A.R.S. §41-1713 B-3 and the Agency is authorized and empowered to enter into this IGA pursuant to A.R. S. § 11-952 and 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 two (2) sworn law enforcement officer(s) 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 156 hours per position), 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. The limitation of overtime to 156 hours per position may be exceeded without contacting Agency if DPS determines that additional ftinding is available. (Monthly vacation, or sick leave which accrues but is not used by the officer will not be reimbursed.) All personnel costs, including shift pay, will be based on the following assumptions: a standard forty-hour work week of four ten-hour days, with standard work schedule of 2:00 p.m. through midnight - Wednesday through Saturday. Prior to the officer reporting to GITEM, the Agency agrees to furnish DPS with the following information: officer's annual, bi-weekly and hour 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 ejuls 10 Ajejejoes 6 7 Z7j5- pgl!j ()Igo 119,7 CO, _AO mvig8om RIM 0311 -ON 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. The maintenance of the DPS vehicles shall be in conformance and compliance with all DPS rules and regulations regarding such maintenance. Full state insurance coverage shall be in force while such officers are acting pursuant to DPS direction and control. 111. Indemnification DPS shall indemnify, defend, and hold harmless the Agency, its officers, departments, employees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, or damages of any kind or nature arising out of this contract which are attributed to any act or omission by DPS, it agencies, employees or anyone acting under its direction or control. IV. 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. V. 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. VI. 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. VIL Fees In no event shall either part charge the other for any administrative fees for any work performed pursuant to this Agreement. VIII. Jurisdiction The parties agree that should any officer of the Agency be required to work outside of their regular jurisdictional boundaries, that as per A.R.S. § 13-3 872, the officer's peace officer jurisdiction is fully extended as if the officer were a DPS officer. By his signature hereto, the Direction of DPS specifically consents to such extension of peace officer authority. IX. Effective Date/Duration This Agreement shall be come 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. X. Workmen's Compensation Benefits Pursuant to A.R.S. §23-1022 D., for the purposes of workmen'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 workmen's compensation benefits. IN WITNESS WHEREOF, THE PARTIES HEREBY subscribe their names this day of 19- State of Arizona By: 4? zelr? &,a - Xre*c4tor rector, DPS Date: A; 1-7 By: Agency Ofdcial Approved as to Form: Assistant Attorney General