HomeMy WebLinkAboutResolution 97-085 IGA for the use of the multi-agency mutual aid systemMARANA RESOLUTION NO. 97-85
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA
AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF TUCSON, PIMA COUNTY, CITY OF SOUTH
TUCSON, TOWN OF ORO VALLEY, PIMA COMMUNITY COLLEGE, TUCSON AIRPORT
AUTHORITY, NORTHWEST FIRE DISTRICT, AND GOLDER RANCH FIRE
DEPARTMENT FOR THE USE OF THE MULTI-AGENCY MUTUAL AID SYSTEM.
WHEREAS, the Town of Marsha recognizes its duty to protect its citizens through
effective police powers; and
WI-IF-REAS, the City of Tucson (the City) has formed a Multi-Agency Mutual Aid System
which may be collectively utilized by the respective police and emergency authority powers of the
Town of Mararia, Pima County, City of South Tucson, Tucson Airport Authority, Northwest Fire
District and Golder Ranch Fire Department (the Agencies) for the provision of a regional radio
communications system which allows for direct communication between and amongst the City and
the Agencies during times of emergencies; and
WHF. REAS, the Multi-Agency Mutual Aid System is an efficient, cost effective method
of providing for the enhanced safety of Town citizens, and it has been determined that it would
be in the best interests of the citizens to enter into the Intergovernmental Agreement by and
between the City and the Agencies, attached hereto as Exhibit A, to allow the Town Police
Department direct access to the Multi-Agency Mutual Aid System.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marsha, Arizona that the Mayor is authorized to execute the Intergovernmental Agreement by and
between the City and the Agencies, attached hereto as Exhibit A, to allow the Town Police
Department direct access to the Multi-Agency Mutual Aid System.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 2nd day of September, 1997.
Mayor ORA MAE HARN
~~. HVED AS TO FORM:
Town Attorney
Marans. Adzon~ Resolution No. 97-8S Page 1 of 1
City. of Tucson Contract
INTERGOVEI~.X~fENTAL AGREEMENT
FOR USE OF TKE MULTI-AGENCY MUTUAL AID SYSTEM
Th/s Intergovernmental Agreement entered into pursuant to Title I I, Chapter 7, Article 3,
A.K.S., by and between:
the City of Tucson, a municipal corporation, hereinafter referred to as "the City" and the
members of the Multi-Agency Mutual Aid System: Pima County (Office o£ Emergency
Management and Sheriffs Department), Arizona Department of Public Safety, Arizona Board of
Regents on behalf of Universiu of.~izona (Police), City. of South Tucson(Police Depa~m,ent),
Town of Oro Valley/Police Department, Pima County. Community College, Town of
Maram(Police Department), Tucson Airport Authority(Public Safety), Nortwest Fire District,
and Oolder Ranch Fire Department hereinafter referred to as "Agency" or"Agencies" and each
of whom who have signed this agreement's signature page, hereinafter referred to as "Agency"
or "Agencies".
WITNESSETH
WHEREAS, the City enters into this agreement by authority of A.R.S. Section 9-240 and
Chapter IV of the Tucson Charter;, and
Page 2
WHEREAS, Pima County, enters into tkis agreement by authority. of.;LR.S. l 1-20I, -25I, o95I,
-954 and
WHEREAS, Arizona Department of Public Safety, enters into this ~agreement by authority of
A.R.S. 41-1713 B.3 and
WHEREAS, Arizona Board of Regents on behalf of University of Arizona Police, enters huto this
agreement pursuant to A.R.S. 11-951 by authority of A.R.S. 15-I625
and
WHEREAS, City of South Tucson/Police Deparunent~ enters into this agreement by authority of
A.R.S. 11-952 and
WHEREAS Town of Oro Valley/Police Department, enters into this a~eement by authority. of
A. iLS. 11-952 and
WHEREAS Pima County Community College, enters into tlzis a~eement by authority of A.R.S.
Section 15-1444; and
WHEREAS Town of Marsha, enters into this agreement by authority, ofA.R.S. 11-952
and
WHEREAS Tucson Airport Authority,, enters into this agreement by authority. ofA.iLS. Tkle
2-314; and
Page
~,~7-iEREAS Northwest F~re Dis~cr, enters into this agreement by anthodty of A.R.S. 48-g05
mad
WHEREAS Oolder Ranch Fire Department, enters into this agreement by authority. of A.R.S.
and
WHEREAS, it is the desire of the Agencies to contract with the City for use of the Multi-Agency
Mutual Aid System
NOW, THEREFORE, the City and Agencies ~agree as follows:
Section I. Purpose of Agreement.
The purpose of this A~eement is to set our the understanding of the City and Agencies as to
their mutual responsibilities and fights regarding the use of the Multi-Agency Mutual Aid
System. The Multi-Agency Mutual Aid System provides public safety providers wi~ a regional
radio communications system which allows member agencies fi'om d/fferent jurisdictions and on
different frequencies to communicate during times of emergencies. The City shall provide, bill
and collect for use of the system, for maintenance on City owned equipment and lease costs
related to the housing of equipment at the FM Engineering Tucson Mountain site. A Steering
Committee comprised of members from the Multi-Agency Mutual Aid System will set policy,
procedures, administer costs and review membership.
P~¢4
Section 2. Financing,
A. Each Agency is responsible ibr remitting payments as will be generated by the
Ciry's Accounts Receivable Section for use of the Multi-Agency Mutual Aid System. Each
Agency will pay a fee of $2,000 per year for lease costs, use and maintenance of the
Agency Mutual Aid System, which is a regional public safety emerency commtmications system
for ~e Tucson Metropolitan area. The system is supported and fi.mded by the participating
agencies and Departments.
These funds will be sent by each Agency to:
City of Tucson
Accounting Division
P.O. Box 27320
Tucson, AZ 85726-7320
Section 3. Oblig. ations of the Agencies,
A. Each Agency is responsible for making payments in the amounts billed w/thin 30 days
~om the date of billing, for use of the Multi-Agency Mutual Aid System.
B. Each Agency is responsible for supplying all equipment required for making its
communications system compatible with the Multi-Agency Mutual Aid System. Each Agency
will retain ownership of all such equipment.
Page 5
C. Each Agency is responsible for performing maintenance on all of il~s own equipment.
D. The City assumes responsibility for performing maintenance on all City. owned
equipment.
E. The City shall maintain all documentation of charges incurred, and suc~ shall be available
for inspection by each Agency.
F. Each. Agency is responsible for complying with the systems operating procedures
(Appendix A).
Section 4. ~
Each Agency represents that k has willain its respective budget sufficient funds to disc -~ge the
obligation and duties assumed under this A~eement. Should any Agency fail to obtain
continued funding during the term of the Agreement through a failure of appropriation or
approval of funds, then in that event this Agreement shall be deemed to terminate for that
Agency by operation of law. In such event, termination shall be effective on the last day of the
year for which funds have been appropriated or approved.
Section 5. Effective DaZe and Termination.
Th/s Agreement shall be effective upon the date of filing in the Office of the Pima County
Recorder or September 2, 1997, whichever is later. Thereafter, the Agreement may be renewed
for additional (I) year periods by written approval of each Agency.
Page 6
Any Agency may terminate this Agreement by giving written notice to the City not less one
hundred-eighty (180) days prior to the termination date which shall be set forth in the notice. In
the event of such term/nation each Agency shall be liable for their proportionate share of cost
expenses incurred or arising out of their per~brmance of the terms of this A~eement occurring
prior to the re,vrfination date set forth in the notice.
Section 6. Term.
?his Agreement will remain in effect for m'enty years, subject to the terms and conditions of
Section 5, supra.
Section 7. Notices.
All notices required to be made herein shall be sent to the Agencies at their addresses as they
appear below or to other such places as designated by the Agencies from time to time.
Communications Division
Operations Department
P.O, Box 27210
Pima County Office of Emergency Management
130 W. Congress Street
Tucson, AZ 85701
Tucson, AZ 85726-7210
Ahzona Deparrrnent of Public Safety
2201 W, Ericonto
Phoenix, AZ 85005
Page 7
University of Arizona, Police Department
1200 E. Lowell
Tucson, AZ 85721
City. of South Tucson, PoIice Department
1601 S. 6~ Avenue
S. Tucson, 'AZ 85713
Prima County, Sher/ffs Department
1750 E. Benson Highway
Tucson, AZ 85713
Town of Oro Valley, Polic~ Departmen~
I 1,000 N. La Canada
Oro Valley, AZ 85737
Pima County Community College
6680 S. Country Club
Tucson, AZ 85709-1740
Town of Mararia, Police Departmere
12775 N. Sanders Road
Moran, AZ 85653
Northwest Fire District
4701 N. La Cholla Blvd.
Tucson, AZ 85705
Tucson Airport Authority
7005 S. Plumber Avenue
Tucson, AZ 85706
Golder Ranch Fire Department
3535 E, Hawser
Tucson, AZ 85739
Page 8
Section 8.
Nothing in this Agreement is to be construed as either limiting or e~ending the legal
jurisdiction of any Agency co rh/s Agreement.
Section 9. .arbitration.
To the extent applicable. each Agency agrees to use arbitration as provided in Arizona
Revised Statutes, Sec. 12 - 1518 et.seq. to resolve disputes arising out of terms of this
Agreement.
Section 10. Indemnification.
To the extent which k legally may, eact~ Agency shah indemnify, defend and hold harmless the
other Agency or Agencies, its officers, departments, employees and agents from and against any
and all suits, actions, legal or administrative proceedings, claims, demands or damages of any
'~d.nd or nature arising out offs Agreement which results from any act or omission of the
indemnifying Agency, its agents, employees or anyone acting under its direction, control, or on
its behalf, whether intentional or negligent.
P~e9
Secdon ]. 1. Yon-Discdm~nation.
Each Agency a~ees to be bound by applicable State and Federal rules governing equal
employment opporturdry and non-discrimination.
Section 12. Conflict of Interest. ,,
Th/s a~eement is subject to Arizona revised Statute 38-511 regarding Conflict of
Interest.
Section 13. Insurance.
Each Agency represents that it shall maintain for the duration of this Ageement policies
of public liabiliv insurance coveting all of their obligations undertaken in the implementation of
the Agreement providing bodily injury limits of not less than $1,000,000 for any person, of not
less than $1,000,000 for any one occurrence, and property damage Iiability to a limit of not less
than $1,000,000. The Agencies may fulfill the requirements of this section by programs of self
insurerace to lirait the scope of indemnification set forth in Seaon 10.
P~e I0
Section
This a~eement may be executed ha one or more ident/cal counterparts, each ofwh/ch
shall be deemed an or/ginal, but all of which taken together shall constitute one agreement.
iN WITNESS THJEREOF, each Agency ha~ caused tNs instrument to be executed by its
authorized sivatory and the City. has caused this ~-'~'ument to be executed by the Mayor upon
Resotution of the Mayor and Council and ar~ested to by the Clerk.
.APPROVED:
CITY OF TUCSON
PIMA COUNTY
BY:
George M]ller
As Mayor and not personally
COUNTERSIGNED this day of
BY:
Raul M. Orijalva, Chaimmn
Pima County Board of Supervisors
,1998.
BY:
Kathy Derrick
As City Clerk and not pe,-~onally
Page ~ I
Pursuant ~o A.R.S. See. i i - 95213, the attorney for the Agencies here to have determined that the
foregoing is in proper form and is within the powers and authority granted under the laws of this
State to the Ci ,ty.
BY: BY:
Assistant Ci~ Attorney
Deputy County Attorney
DEPARTMENT OF PUBLIC SAFETY
BY:
R.G. Carlson
Assistant Director
BY:
Attorney for AZ Dept. of Public Safety,
,~>UZONA BOARD OF REOENTS FOR THeE
UNIVERSITY OF ARIZONA
BY:
Corr/ne A. Splitt
Contracting Officer
BY:
Attorney for U of A Police Department
CITY OF SOU~,-I TUCSON
BY:
Shirley Villegas
Mayor
BY:
Attorney for City of South Tucson
Page 12
TOWN OF MARANA
Ora Horn
Mayor
own o ,larana
TOWN OF ORO VALLEY
BY:
Cheryl Skalsk7
Mayor
BY:
A~tomey for Town of Oro Valley
TUCS ON AIRPORT AUTHORITY
BY:
John Carlson
Police Chief
BY:
Attorney for Tucson Airport Authority
PIMA COIvIMI/NITY COLLEGE
BY:
BY:
Paul F. Smith, Asst. Vice Chancdlor Attorney for Phna Community College
Administrative Servic~ & Facilities
NORTHWEST FIRE DISTRICT
P~e13
BY:
Ch/ef JeffPiechura
GOLDER RANCH FIRE DISTRICT
BY:
Attorney for No~
BY:
~ef John Fink
BY:
Attorney for Golder Ranch Fire District