HomeMy WebLinkAboutResolution 2006-022 IGA with pima county for a regional special weapons and tactics team
MARANA RESOLUTION NO. 2006-22
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING AN
AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY
AND PARTICIPATING AGENCIES FOR A REGIONAL SPECIAL WEAPONS AND TACTICS
TEAM.
WHEREAS, the Town of Maran a and surrounding jurisdictions desire to extend an existing
intergovernmental agreement concerning the formation, implementation, deployment, equipping,
governance and maintenance of a regional special weapons and tactics team from February 1, 2006
to January 31, 2007; and
WHEREAS, intergovernmental agreements for joint or cooperative action are authorized by
A.R.S. S 11-952; and
WHEREAS, the Mayor and Council of the Town of Maran a feel it is in the best interests of
the public to execute an amendment to extend this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that an amendment to the intergovernmental agreement between Pima
County and participating agencies for a regional Special Weapons and Tactics Team, attached to this
resolution as Exhibit A, is hereby approved, and the Chief of Police is hereby authorized to execute
it on behalf of the Town of Marana.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Maran a,
Arizona, this 7'" day of February, 2006. ~.,.
~.~
Mayor d Iionea
ATTEST:
r
APPROVED AS TO FORM:
Amendment Extending the Intergovernmental Agreement
among
Pima County, Town of Oro 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
from
February 1,2006 thru January 31, 2007
This Intergovernmental Agreement (this "lOA") is entered into by and among Pima
County, a body politic and corporate of the State of Arizona ("CoUIity"); the" Town .Q.f 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 corpor~ion; the Tohono
O'Odham Nation; the Pascua Yaqui Nation; and the Tucson Airport Authority, pursuant to
A.R.S. ~ 11-952.
Recitals
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A WHEREAS the Parties to this lOA, 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 A.R.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 l(f) 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 Article VI, Section l(a) of the
Constitution of the Pascua Yaqui Tribe; and
E. 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.
NOW, THEREFORE, the Participating Jurisdictions, pursuant to the above, and III
consideration of the matters and things hereinafter set forth, do mutually agree as follows:
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Agreement
I. Purpose
The purpose of this lOA 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 may be 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 of the 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. Orant 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 YeA) or (B) of this lOA, 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 lOA, including wages (including overtime), health insurance,
benefits and worker's compensation.
IV. Term
This lOA 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 of this lOA for four (4) additional one (1) year periods. Any
modification or time extension of this lOA shall be by formal written amendment executed
by the parties hereto.
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v. Termination
A. Withdrawal without Cause. A Participating Jurisdiction may terminate its
participation in the S.W.A.T. Team under this lOA, 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 of
the 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 of that
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
lOA. Because each Participating Jurisdiction understands and acknowledges that its
withdrawal from the Team will cause significant disruption to the operation of the
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 lOA, and after the duties set forth in subsection D below, this
lOA 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 lOA as to the other parties.
. D. Shutting Down Operations. Upon expiration ofthis lOA, 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 V(A) or (B), any
equipment purchased through grant funding and assigned as personal equipment 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 lOA is terminated pursuant to Section
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V(C), all equipment purchased for the Team through grant funding shall be divided
proportionally among the Participating Jurisdictions.
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 vebicles 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 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 had 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.
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IX. 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 ordinances
specifically made applicable to Indian tribes by law.
X. ADA
The parties shall comply with all applicable provisions of the 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. Severabili~
If any provision of this lOA, or any application thereof to the parties or any person or
circumstances, is held invalid, such invalidity shall not affect other provisions or
applications of this lOA which can be given effect, without the invalid provision or
application and to this end the provisions of this lOA 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 Authori~.
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 lOA, or any part of it, then the lOA, 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 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
Worker's Compensation benefits or other fringe benefits of said employees.
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xv. No Joint Venture.
It is not intended by this lOA to, and nothing contained in this lOA 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 of the
other, including (without limitation) the other party's obligation to withhold Social Security and
income taxes for itself or any of its employees.
XVI. No Third Party Beneficiaries.
Nothing in the provisions of this lOA is intended to create duties or obligations to or rights
in third parties not parties to this lOA or affect the legal liability of either party to the lOA
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 of which 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 counterpart
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 lOA 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 P AOE INTENTIONALLY LEFT BLANK-
6
Amendment Extending the Intergovernmental Agreement
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
from
February 1, 2006 thru January 31, 2007
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 COUNTY:
ATTEST:
Sharon Bronson, Chair
Board of Supervisors
Date
Lori Godoshian
Clerk of the Board
Date
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Clarence W. Dupnik
Sheriff of Pima County
Date
Sean Holguin
Deputy County Attorney, Pima
County
Date
REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK-
7
Amendment Extending the Intergovernmental Agreement
among
Pima County, Town ofOro Valley, Town of Marana, City of South Tucson,
Town ofSahuarita, 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
from
February 1,2006 thru January 31,2007
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
Mayor of Oro Valley
Date
Kathryn Cuvelier
Town Clerk
Date
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Chief Daniel G. Sharp
Chief of Police, Oro
Valley
Date
Tobin Sidles
Acting Town Attorney
Date
REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK-
8
Amendment Extending the Intergovernmental Agreement
among
Pima County, Town of Oro Valley, Town of Marana, City of South Tucson,
Town ofSahuarita, 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
from
February 1, 2006 thru January 31,2007
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 SAHUARITA
ATTEST:
Charles Oldham
Mayor of Sahuarita
Date
Sandra Olivas
Town Clerk
Date
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Chief
Chief of Police, Sahuarita
Date
Daniel J. Hochuli
Sahuarita Town Attorney
Date
REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK-
9
Amendment Extending the Intergovernmental Agreement
among
Pima County, Town of Oro Valley, Town of Marana, City of South Tucson,
Town ofSahuarita, 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
from
February 1, 2006 thru January 31, 2007
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 OF SOUTH TUCSON
ATTEST:
Shirley A. Villegas
Mayor of South Tucson
Date
Dolores Robles
City Clerk
Date
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Chief Sixto Molina Date
Chief of Police, South Tucson
Hector M. Figueroa
City Attorney
Date
REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK-
10
Amendment Extending the Intergovernmental Agreement
among
. Pima County, Town ofOro Valley, Town of Marana, City of South Tucson,
Town ofSahuarita, 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
from
February 1, 2006 thru January 31,2007
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 MARANA
EdHfJ ~~i!6
Mayor of Marana
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Chief Richard Vidaurri
Chief of Police, Marana
Date
.....
REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK-
11
Amendment Extending the Intergovernmental Agreement
among
Pima County, Town of Oro Valley, Town of Marana, City of South Tucson,
Town ofSahuarita, 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
from
February 1, 2006 thru January 31,2007
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 YAQUI TRIBE
ATTEST:
Herminia Frias
Tribal Council Chairman
Date
Catalina Alvarez
Tribal Council Secretary
Date
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Robert Gillon
Interim Attorney General
Pascua Yaqui Tribe
Date
Chief Larry Seligman Date
Chief of Police, Pascua Yaqui
Tribe
REMAINDER OF THIS PAGE INTENTIONALL Y LEFT BLANK-
12
Amendment Extending the Intergovernmental Agreement
among
Pima County, Town ofOro Valley, Town of Marana, City of South Tucson,
Town ofSahuarita, 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
from
February 1,2006 thru January 31,2007
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
ATTEST:
Bonnie Allin Date
President/CEO Tucson Airport
Authority
Marjorie Perry
Tucson Airport Authority
Attorney
Date
APPROVED AS TO FORM AND LEGAL
AUTHORITY
Chief Mike Martinez Date
Chief of Police, Tucson Airport
Authority
-END OF DOCUMENT-
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