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Home My WebLink AboutResolution 2008-149 IGA relating to statewide terrorism liaison officer programMARANA RESOLUTION NO. 2008-149 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARANA POLICE DEPARTMENT AND THE STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY ARIZONA COUNTER TERRORISM INFORMATION CENTER REGARD- ING THE STATEWIDE TERRORISM LIAISON OFFICER PROGRAM WHEREAS the Marana Police Department and the State of Arizona Department of Pub- lic Safety desire to enter into an intergovernmental agreement for the purpose of enhancing do- mestic preparedness and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) re- sponse services in the state of Arizona; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the Intergovernmental Agreement between the Marana Police Department and the State of Arizona Department of Public Safety, attached to and incorporated by this reference in this resolution as Exhibit A, and the Chief of Police is hereby au- thorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Intergovernmental Agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council oft e Town of Marana, Arizona, this 5`" day of November, 2008. Mayor Ed onea ATTEST: celyn ronson, Town Clerk FORM: n --r' r' ~ ,Town ®`r~r,nri~~~ 's` pF Mq.Q~9~! `~~` CORPOrRgrF ~~ i .. ~ °° =SEAL ' " ~°~~~uma~~~~,.~` AG Contract No. P001-2008-004019 DPS Contract No. 2008-255 INTERGOVERNMENTAL AGREEMENT ARIZONA COUNTER TERRORISM INFORMATION CENTER STATEWIDE TERRORISM LIAISON OFFICER PROGRAM SHSGP LEVEL B This Intergovernmental Agreement ("IGA") is entered into between the State of Arizona through its Arizona Department of Public Safety Arizona Counter Terrorism Information Center (ACTIC), hereinafter referred to as "DPS ACTIC," and the Marana Police Department, herein after referred to as "Agency." The purpose of this Agreement shall be to enhance domestic preparedness Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) response services concerning the activities of terrorism, 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 both parties are authorized and empowered to enter into this IGA pursuant to A.R.S. § 11-952 and the Agency is authorized and empowered pursuant to A.R.S. § 11-951 Et seq. and A.R.S. 9-240 (B) (12). Now, in consideration of the mutual promises set forth herein, the parties to this Agreement hereby agree to the following terms and conditions: I. Participation The Agency agrees to assign a sworn police officer, sworn fire fighter or law enforcement analyst who has been authorized by his/her Agency to respond as needed in support of the Agency and/or DPS ACTIC in accordance to the provisions of this agreement. This person is herein referred to as a Terrorism Liaison Officer (certified TLO). Prior to receiving any reimbursements, equipment, and/or funding, the TLO must complete the TLO training offered by the DPS ACTIC. If the TLO fails to complete the training, he/she is ineligible for this program. A person who completes the training is known as a certified TLO. During the duration of this assignment, the certified TLO must work at least 20 hours per month related to the purpose of this agreement. Specifically, the TLO will conduct activities related to domestic preparedness, CBRNE response services, any activities associated with terrorism awareness and any of the activities listed in Exhibit A the TLO Weekly Timesheet. The TLO must submit a TLO weekly timesheet to DPS ACTIC documenting work relating to the purpose of this agreement. During the assignment period, the Agency and DPS ACTIC agree to allow the certified TLO to maintain all benefits, rights, and privileges available to said certified TLO as if they were assigned on a full-time basis to the Agency during this period. The assigned certified TLO must abide by all of the applicable rules and regulations of the Agency and are sub'e to is disciplinary process. NO. ~~~~ .~ Filed with the Seret~ f Stag 'ied: ~ \ • 1~•~ .~.~~'~J_ _ ~ Page 1 of 5 ~~• -~ ~-'~•~- By: ~ AG Contract No. P001-2008-004019 DPS Contract No. 2008-255 II. Equipment The equipment purchased for and assigned to said certified TLO shall be CBRNE capable and shall remain in the custody of the agency for use by the certified TLO pursuant to this agreement. Contingent upon the availability of State Homeland Security Grant Program (SHSGP) funding, equipment will be acquired by DPS ACTIC. Equipment will be purchased from the current list of authorized equipment approved by the DPS ACTIC commander and in support of the Federal Department of Homeland Security authorized equipment list. All assigned and purchased equipment issued to a certified TLO pursuant to this agreement will be maintained in good working order by the Agency. The Agency will be required to make all necessary repairs to equipment. In the event that issued or purchased equipment is damaged, lost, stolen or no longer operative, the Agency will be responsible for the expenses for replacement in kind, repair, or reimbursement, whichever is applicable. An annual inventory of equipment issued to the Agency and assigned to certified TLO(s) will be conducted by the Agency and presented to the Commander of DPS ACTIC in writing no later than the first day of May following each year this IGA is in effect. The Agency represents that it is insured and will include all equipment, provided pursuant to this agreement, within the scope of the Agency's insurance coverage. III. Reimbursement for Travel Expenses Each agency is responsible to apply for reimbursement of all travel expenses related to a State of Arizona emergency incident (i.e. FEMA, AZ DEMA, etc.). Travel for DPS ACTIC approved TLO training shall be reimbursed by DPS ACTIC, subject to availability of grant funding, in accordance with Arizona Department of Administration guidelines IV. Nondiscrimination The Parties shall comply with Executive Order 75-5 and 99-04, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliations, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. The agency shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. V. Indemnification Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, agents, employees, or volunteers. Page 2 of 5 AG Contract No. P001-2008-004019 DPS Contract No. 2008-255 VI. Effective Date/Duration This IGA shall become effective upon the execution of three (3) originals by the parties and the filing of a copy with the Secretary of State, and shall remain in effect until such time that either party submits a 30-day written notice to terminate this agreement to the other party. Any modification of this agreement shall be by written amendment executed by the governing bodies of both parties. This agreement replaces any and all previous agreements regarding SHSGP TLO Level B participation executed by the parties regarding domestic preparedness CBRNE response services and the TLO program. VII. Termination/Cancellation Either party may terminate this Agreement for convenience or cause upon thirty (30) days written notice to the other party. In accordance with Department of Homeland Security grant guidelines for equipment purchased: 1) Upon termination of this agreement, all assigned and purchased equipment acquired pursuant to this agreement shall be returned to DPS or reimbursed at current market value for said equipment 2) Said equipment shall be returned to DPS immediately upon breach or termination of this agreement. 3) After the normal life of the equipment, final disposition is the responsibility of the Agency. Any notice required to be given under this Agreement will be provided by mail to: DPS: Marana Police Department Commander of DPS Intelligence Bureau Chief of Police Arizona Counter Terrorism Center 11555 W. Civic Center Drive P.O. Box 6638 - MD 3900 Marana, AZ 85053 Phoenix, Arizona 85005-6638 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 weekly TLO timesheets, 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. Page 3 of 5 AG Contract No. P001-2008-004019 DPS Contract No. 2008-255 X. Jurisdiction Agency accepts that receipt of federal grant funding requires it to permit its certified TLO(s) to work outside of Agency's regular jurisdictional boundaries. XI. 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. XII. Non-Availability of Funds This Agreement shall be subject to available funding, and nothing in this agreement shall bind any party to expenditures in excess of funds appropriated and authorized for purposes outlined in this Agreement. 1N WITNESS WHEREOF, THE PARTIES HEREBY SUBSCRIBE THEIR NAMES: State of Arizona By: ~~ .~- r.~n - sttic.-~.n ~,~Roger Vanderpool, Director Arizona Department of Public Safety Date: ~ ~ /~, /a Mar na Police Department By: Terry 1~metich, Chief of Police Marana Police Department Date: /l s/d ~1 Approved as to Form: e ~F Assistant Attorney General Date: E ~ ~`~ w y Approved as to Form: r Cass' y " own Att rney Date: ~~ 3' v~ Page 4 of 5 AG Contract No. P001-2008-004019 DPS Contract No. 2008-255 Exhibit A ~~ TLO Weekly Time Sheets ~,I~rzt,ti:~ `"`"~ Date: Name: TLO Number: Agency: Date Duty Description Hours Duty T e Callout T e Incident # or Location Administrativ Dut T es e Code Cal lout T es Code A Hostage /Barricade 1 Briefin s (comm d/ it / h an c y ot er Callout /Incident R B * Barricade (no hostage) 2 es onse C Suspicious Powder 3 Lo Ent at ACTIC ry L Bomb Threat 4 Meetin s g S ecial Projects M P Bomb Dis osal /Investigation HAZMAT 5 6 Trainin TVA Watch Center T V** W Clandestine Drug Lab Fire Incident (Involving Evacuation) PD Shooting (Involvin Evacuation) ~ g 9 *All C PD/Fire Involved Accident 10 allouts must have a Callout type code d ith Major Medical 11 an e er an incident number or location Special Event (scheduled) 12 **All TVA' t h Protest 13 s mus ave a location listed Heavy Rescue De loyment 14 Other 15 Page 5 of 5 STATE OF ARIZONA ~y ~ T~ srd~~o OFFICE OF THE ATTORNEY GENERAL _ .~ q ~ CIVIL DIVISION ~ TRANSPORTATION SECTION ~ ~ MEMORANDUM Brian D. Schneider Assistant Attorney General Direct: 602-542-8863 Fax: 602-542-3646 INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. P001-2008-004019 (DPS 2008-255), 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. DATES ~ ~ l~-~ , 2008. TERRY GODDARD Attorney General BRIAN CHNEIDER Assistant Attorney General BDS:In Attachment