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HomeMy WebLinkAbout02/07/2006 Blue Sheet SWAT Team IGA TOWN COUNCIL MEETING INFORMATION TOWN OF MARAN A MEETING DATE: February 7, 2006 AGENDA ITEM: I. 10 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: 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. DISCUSSION This amendment extends the regional Special Weapons and Tactics Team (S.W.A.T.) intergovernmental agreement, 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. The Marana Police Department (MPD) will fund the procurement of all necessary equipment for its members of the Team. Additionally, MPD shall bear the costs of its participating employees for wages (including overtime), health insurance, benefits and worker's compensation. RECOMMENDATION Staff recommends approval of the amendment extending the intergovernmental agreement between Pima County and the Marana Police Department for the regional S.W.A.T. Team. SUGGESTED MOTION I move to approve Resolution No. 2006-22. PimaRegionalSWAT 1/31/2006 MARANA RESOLUTION NO. 2006-22 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND P ARTICIP A TING 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. ~ 11-952; and WHEREAS, the Mayor and Council ofthe 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 ofthe Town of Maran a, Arizona, this 7th day of February, 2006. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 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 "IGA") is entered into by and among Pima County, a body politic and corporate of the State of Arizona ("County"); the Town of 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 corporation; the Tohono O'Odham Nation; the Pascua Yaqui Nation; and the Tucson Airport Authority, pursuant to AR.S. ~ 11-952. Recitals A WHEREAS the Parties to this IGA, 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 AR.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(t) 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 lea) of the Constitution of the Pascua Yaqui Tribe; and E. WHEREAS formation of the Pima Regional S.W.A.T. Team will enhance the ability of the Participating Jurisdictions, through their various law enforcement agencies, to respond to those situations in which use ofa 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: 1 Agreement I. Purpose The purpose of this IGA is to form the Pima Regional S.W.AT. 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.AT. 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. Grant funds obtained for the Pima Regional S.W.AT. 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 IGA, 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 IGA, including wages (including overtime), health insurance, benefits and worker's compensation. IV. Term This IGA 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 IGA for four (4) additional one (1) year periods. Any modification or time extension of this IGA shall be by formal written amendment executed by the parties hereto. 2 v. Termination A. Withdrawal without Cause. A Participating Jurisdiction may terminate its participation in the S.W.A.T. Team under this IGA, 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 IGA. 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 IGA, and after the duties set forth in subsection D below, this IGA 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 IGA as to the other parties. D. Shutting Down Operations. Upon expiration of this IGA, 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 YeA) 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 IGA is terminated pursuant to Section 3 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 vehicles 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. 4 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 V.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XI. Severability If any provision of this IGA, 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 IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. XII. Conflict of Interest This contract is subject to cancellation for conflict of interest pursuant to A.R.S. S 38-511, the pertinent provisions of which are incorporated herein by reference. XIII. Legal Authority. 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 IGA, or any part of it, then the IGA, 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. S 23-1022 (E). For purposes of A.R.S. 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. 5 xv. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA 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 IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal liability of either party to the IGA 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 IGA 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 AGE 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 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. 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 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 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 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. 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 ATTEST: Ed Honea Mayor of Marana Date Jocelyn C. Bronson Town Clerk Date APPROVED AS TO FORM AND LEGAL AUTHORITY Chief Richard Vidaurri Chief of Police, Marana Date Frank Cassidy Marana Town Attorney 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 Chief Larry Seligman Date Chief of Police, Pascua Yaqui Tribe Robert Gillon Interim Attorney General Pascua Yaqui Tribe Date REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK- 12 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 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- 13