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HomeMy WebLinkAboutResolution 2009-070 IGA with DPS regarding the statewide Terrorism Liaison Officer ProgramMARANA RESOLUTION N0.2009-70 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 REGARDING THE STATEWIDE TERRORISM LIAISON OFFICER PROGRAM WHEREAS the Marana Police Department and the State of Arizona Department of Public Safety desire to enter into an intergovernmental agreement for the purpose of enhancing domestic preparedness and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) response ser- vices 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 be- tweenthe Marana Police Department and the State of Arizona Deparhnent of Public Safety, attached to and incorporated by this reference in this resolution as Exhibit A, and the Chief of Police is hereby authorized 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 under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the Intergovernmental Agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 21St day c Mayor Ed Honea ATTEST: ''~-~ ~- i... ,~p~{, Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Gar ~~°~ F Ca '~dy, Town orney >,~. L.Ou ~j-16 Z-- A, ~. CONTRACT 1~. P001 ~0 - ~ ~-~ ~U ~ ~ ~ . INTERGOVERNMENTAL AGREEMENT ARIZONA COUNTER TERRORISM INFORMATION CENTER STATEWIDE TERRORISM LIAISON OFFICER PROGRAM UASI LEVEL A 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, hereinafter 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 ACTIC 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 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 Terrorism Liaison Officer (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 program is known as a certified TLO. During the duration of this assignment, the certified TLO must work at least 40 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 subject to the Agency's disciplinary process. Page 1 of 5 II. Equipment and Vehicle(s) The vehicle(s) and 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 Urban Area Security Initiative (UASI) funding, equipment and vehicles will be purchased by the Agency. Vehicles and equipment will be purchased from the current list of authorized equipment approved by the DPS ACTIC commander and in support of the Federal DHS authorized equipment list. All assigned and purchased equipment and vehicles issued to a certified TLO pursuant to this agreement will be maintained in good working order by Agency. The Agency will be required to make all necessary repairs to vehicles and 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. TLO vehicles purchased by the Agency will only be assigned to and operated by the designated certified TLO. It will be the responsibility of the Agency to repair or replace in kind, the vehicle in the event of collision or theft. The vehicle will be maintained in good working order per the Agency's vehicle maintenance policies. If the Agency lacks vehicle maintenance policies, the vehicle will be maintained per the vehicle manufactures maintenance policies. The reimbursed grant monies have included funding for an extended warranty and a theft deterrent system to be purchased at the time of vehicle purchase. It is the Agency's responsibility to maintain the vehicle under the text of the warranty and per the manufacturer's recommended specifications. Maintenance expenses and items not covered by the extended warranty will be the responsibility of the Agency. 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. Page 2 of 5 V. Indemnification Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") from and against any and alI 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. VI. Arbitration Each party agrees to abide by Arizona Revised Statute 12-1518, State and political subdivisions; use of arbitration. During the term of this contract both parties shall by written mutual agreement agree to the form of arbitration at a subsequent time prior to the filing of any civil action. VII. 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 UASI TLO Level A participation executed by the parties regarding the domestic preparedness CBRNE response services and TLO program. VIII. 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 vehicles and equipment purchased: 1) If participation is terminated, then all assigned and purchased vehicles and equipment acquired pursuant to this agreement shall be subject to the provisions between grantor and grantee as outlined in the original grant award. 2) After the normal life of the vehicles and 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 P.O. Box 6638 - MD 3900 Phoenix, Arizona 85005-6638 11555 W. Civic Center Drive Marana, AZ 85053 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. Page 3 of 5 IX. Recordkeeping All records regarding this Agreement, including officer's monthly TLO timesheets, must be retained for five (5) years in compliance with A.R. S. § 35-214, entitled Inspection and Audit of Contract Provisions. X. Fees In no event shall either party charge the other for any administrative fees for any work performed pursuant to this Agreement. XI. Jurisdiction Agency accepts that receipt of UASI federal grant funding requires it to permit its certified TLO(s) to work outside of Agency's regular jurisdictional boundaries. 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. XIII. 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. IN WITNESS WHEREOF, THE PARTIES HEREBY SUBSCRIBE THEIR NAMES: State of Arizona Y Roger Vanderpool, Director Arizona Department of Public Safety Date: `~ /a- a-/ ,~ Approved as to Form: Assistant Attorney General Date: off Z3ly ~ Mara Police Department By: Terry T etich, Chief of Police Marana Police Department Date: J-t :Loo Approved as to Form: Page 4 of 5 Date: -~-~~ ~~ Exhibit A ~~,~~z~ ~ TLO Weekly Time Sheets Date: Name: TLO Number: Agency: Date Duty Description Hours Duty T e Callout T e Incident # or Location Dut T es Code Callout T es Code Administrative A Hosts e /Barricade 1 Briefm s (command/cit /other B Barricade (no hosts e) 2 Callout /Incident Res onse C* Sus icious Powder 3 Lo Entr at ACTIC L Bomb Threat 4 Meetin s M Bomb Dis osal / Investi ation 5 S ecial Pro'ects P HAZMAT 6 Trainin T Clandestine Dru Lab 7 TVA V** Fire Incident (Involvin Evacuation) 8 Watch Center W PD Shootin (Involvin Evacuation 9 PD/Fire Involved Accident 10 *All Callouts must have a Callout type code Ma'or Medical 11 and either an incident number or location S ecial Event (scheduled) 12 Protest 13 **All TVA's must have a location listed Heav Rescue De to ment 14 Other 15 Page 5 of 5 STATE OF ARIZONA ~o'~~ $ TQao OFFICE OF THE ATTORNEY GENERAL .~ CIVIL DIVISION 0 ~ ~ * TRANSPORTATION SECTION MEMORANDUM Brian D. Schneider Assistant Attorney General Direct: 602-542-8863 Fax:602-542-3646 INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. P001-2009-001609 (DPS 2009-102), an Agreement between public agencies, i.e., Arizona Department of Public Safety and the Marana Police Department, 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 ~ ~~.3 , 2009. TERRY GODDARD Attorney General BRIAN D. SCHNEIDER Assistant Attorney General BDS:In Attachment 4 ~ , MARANA RESOLUTION N0.2009-70 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 REGARDING-.THE STATEWIDE TERRORISM LIAISON OFFICER PROGRAM WHEREAS the Marana Police Department and the State of Arizona Department of Public Safety desire to enter into an intergovernmental agreement for the purpose of enhancing domestic preparedness and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) response ser- vices 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 be- tween 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 authorized 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 under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the Intergovernmental Agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of May, 2009. ~~®`i~~F~~9s~~s ~®~C~~~~~ut-tq~~~ ~j ~D~~cA~~f s ~ Mayor Ed Honea .. .. a SEAL;-' ~~unu-~~`` ~ ATTEST: ~,j~ed~„~A~ `~0~~ APPROVED AS TO FORM: ~~ ~' h../ ,~ Giyf'~ ,~p~ Jocelyn C. Bronson, Town Clerk F~ Ca ,:dY, Town orney . ~ ~ ~~._-_._ ___~o~~.~ _________~._______ ~iEacl U,tith the ~~r•rata y ;~f S#at C~at~ ~iied;__.________~ _ ~ _~ ~ ____.___._~__ *,r __.. ,~ ~~ .. ,._______..____.._ _~ ... , -`r w__._. ~.k.__,.._~. __.._.._. ~__ ;, ecret ry pit tat