HomeMy WebLinkAboutResolution 2014-005 approving IGA for CNA operations and task forceMARANA RESOLUTION NO. 2014-005
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE PARTIES THAT FORM THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER
NARCOTICS ALLIANCE (CNA) REGARDING THE ADMINISTRATION AND
OPERATION OF THE CNA, A LAW ENFORCEMENT TASK FORCE
WHEREAS the Town of Marana recognizes its duty to protect its citizens by working to
reduce crime associated with drug trafficking and drug use; and
WHEREAS the Town is empowered by A.R.S. § 9-240(B)(12) to maintain a police
department; and
WHEREAS the Marana Police Department is working with Pima County, the City of
Tucson, the Towns of Oro Valley and Sahuarita, the Arizona Department of Public Safety and
the University of Arizona Police Department as a regional partner in the Pima County/Tucson
Metropolitan Counter Narcotics Alliance (GNA), a law enforcement task force; and
WHEREAS the Mayar and Council find that the Marana Police Department's continued
participation in the CNA is in the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Council hereby approves the intergovernmental agreement by
and between the parties that form the CNA, attached to and incorporated by this reference in this
Resolution as Exhibit A, and the Mayor is hereby authorized and directed to sign it for and on
behalf of the Town of Marana.
SECTION 2. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4 day of February, 2014. /
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Mayor Ed onea
ATTEST:
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celyn C. onson, Town Clerk
Mazana Resolution 2014-005
INTERGOVERNMENTAL AGREEMENT
BETWEEN
TUCSON POLICE DEPARTMENT, ARIZONA DEPARTMENT OF PUBLIC SAFETY,
UNIVERSITY OF ARIZONA POLICE DEPARTMENT, ORO VALLEY POLICE DEPARTMENT,
MARANA POLICE DEPARTMENT, SAHUARITA POLfCE DEPARTMENT
AND
PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA)
This intergovernmental Agreement (hereinafter "IGA") is entered into pursuant to A.R.S. § 11-
952 by and between the parties that form the Pima County/Tucson Metropolitan Counter
Narcotics Alliance (hereinafter "CNA") a law enforcement task force. CNA members include:
Tucson Police Department, Arizona Department of Public Safety, University of Arizona Police
Department, Oro Valley Police Department, Marana Police Department and Sahuarita Police
Department.
RECITALS
Whereas, the City of Tucson, the State of Arizona, The University of Arizona, the Arizona
Board of Regents, the Town of Oro Valley, the Town of Marana, and the Town of Sahuarita,
pursuant to A.R.S. § 13-3872, and in accordance with the provisions of A.R.S. Title 11,
Chapter 7, Articles 3, and as authorized by appropriate action of the governing body for each
party, desire to enter into this mutual agreement on behalf of these law enforcement agencies.
Whereas, the City of Tucson is empowered by Tucson Charter Chapter X, Section 7, to
maintain a Police Department of the purposes stated herein and is authorized to contract by
Tucson Charter Chapter IV, Section and
Whereas, the Arizona Department of Public Safety is empowered by A.R.S. § 41-1712 to
maintain a narcotics enforcement and criminal investigation division, and
Whereas, the Arizona Board of Regents is empowered by to A.R.S. § 15-1627 (F) to maintain
the University of Arizona Police Department for the purposes stated therein and by A.R.S. §
15-1625 to enter into contracts on behalf of the University of Arizona Police Department and
Whereas, the Town of Oro Valley is empowered by A.R.S. Title 9 to contract and by A.R.S. §
9-240 (B) (12) to maintain the Oro Valtey Police Department for the purposes stated therein,
and
Whereas, the Town of Marana is empowered by A.R.S. Title 9 to contract by A.R.S. § 9-240
(b) (12) to maintain the Marana Police Department for the purposes stated therein, and
Whereas, the Town of Sahuarita is empowered by to A.R.S. Title 9 to contact and by A.R.S. §
9-240 (B) (12) to maintain the Sahuarita Police Department for the purposes stated therein
and
Whereas, implementation of this IGA will substantially further the public safety, health, and
welfare:
Now THEREFORE, the parties do hereby agree as follows:
DEFINITIONS
A. "Party" means each of the govemmental entities that have executed this agreement.
B. Chief Law Enforcement Officer� means that the person who is a"department of agency
head with peace officer jurisdiction, or his duly authorized representative, having the
primary responsibility for law enforcement within the jurisdiction or territory," as such
phrase is used in A.R.S. § 13-3871, whether designated by appointment or election.
C. °CNA° means the Pima County/Tucson Metropolitan Counter Narcotics Alliance. The
govemmental entities making up CNA are the City of Tucson, the State of Arizona, the
Arizona Board of Regents, the University of Arizona, the Town of Oro Valley, the Town of
Marana, the Town of Sahuarita, and the United States Government.
AGREEMENT
I. Purpose
The purpose of establishing CNA is to insure that drug enforcement in the Pima County and
Tucson Metropolitan area will be conducted in a concerted effort among its law enforcement
members, in order to maximize available resources. Enforcement activities will be addressed
from the street to the international levels through cooperative interrelated drug and anti-
terrorism efforts by sharing resources and intelligence in the successful interdiction of illegal
narcotics.
II. Obligations of the Parties
A. The objectives to be accomplished by CNA through the formation of this IGA in the
Pima County/Tucson Metropolitan area include:
1. Reducing the rate of crime associated with drug trafficking and drug use.
2. Implementing strategies that will serve to interdict the availability, shipment and
flow of illicit narcotics, and the monetary profits of those activities.
3. Employing investigative and enforcement strategies that target offenders,
locations and organizations involved in illicit narcotic activities.
4. Utilizing intelligence driven law enforcement planning to coordinate and maximize
the collaborative resources available through our member agency's joint participation.
5. Working towards the reduction in demand, availability, and chronic use of illicit
narcotics.
B. Jurisdiction
The Chief Law Enforcement O�cers of each of the parties hereto individually consent
to the extension of peace authority into their jurisdiction of territory by the peace
officers assigned to CNA by the Chief Law Enforcement Officers of other parties, in
accordance with the provisions of A.R.S. § 13-2872. Nothing in this agreement shall
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be construed as either limiting or extending the lawful jurisdiction of any of the
parties, other than as expressly set forth herein.
C. PLANNING AND ADMINISTRATION
1. CNA will be govemed by a Policy Board composed of participating law
enforcement members that has a final decision making authority over CNA's policies
and operations. This includes the following:
a. Establishing policies for selecting cases to be investigated. The policies formed
shall be used to allocate, focus and manage CNA's resources, and to provide
oversight on investigation.
b. Retaining the right to disburse forfeited funds and real property to member
agencies of CNA, or to CNA's Anti-Racketeering Fund held and managed by the
Pima County Attomey's O�ce, pursuant to the provisions of A.R.S. § 13-2314 and to
13-2315, with the exception of any forFeiture generated by participating Federal
Jurisdictions.
c. Oversight of forfeiture investigation and analysis conducted by the Financial
Remedies & Property Management Units assigned to CNA and administered by the
Tucson Police Department.
2. Membership of the Policy Board
a. The policy board will consist of the Chief Law Enforcement Officer of the agency
sitting on the board or, in the case of Federal agencies, the head of the Tucson office.
The lead agencies will include: Tucson Police Department, Arizona Department of
Public Safety, Drug Enforcement Administration and Homeland Security
Investigations. Additional agencies, herein also referred to as "participating
jurisdiction members" will include, but not limited to, The University of Arizona,
Marana Police Department, Oro Valley Police Department and the Sahuarita Police
Department.
b. Additional law enforcement agencies may be considered for participation in CNA
with final decision making for their acceptance on the Board retained by the current
Policy Board members at the time a request is made.
c. Each member of the Policy Board has an equal vote including the lead and
participating member agencies. The agency representing the participating
jurisdictions will have the right to represent and vote on the behalf of all other
participating jurisdiction members.
d. A single Policy Board member selected from among the ranks of the participating
jurisdiction members shalf represent alt participating jurisdiction members on the
Poficy Board.
1. After the term of one year, a vote will be taken annually by the Policy Board to
elect the next participating jurisdiction member representative. The Policy Board
retains the right to re-elect the individual serving as the representative of the
participating jurisdiction members for multiple terms.
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2. The Chief O�cer of each law enforcement agency, including lead and
participating jurisdiction members, may appoint a designee to fill the Chiefs
position on the Policy Board. A designee may exercise the appointing Chiefs'
voting rights.
3. Both the Policy Board Chairperson and Vice-Chairperson positions can be
rotated among the lead sponsoring agencies. The terms of these positions shall
not exceed one year. At the end of each year served, the Policy Board will select
and vote upon the individuals from the lead sponsoring agencies to assume
these positions. The Policy Board retains the right to re-elect individuals to serve
in these positions for multiple terms.
4. A quorum of three-quarters is sufficient to vote upon a policy and take Board
action.
5. The Policy Board meets on a regular schedu�e that is agreed upon by the
Board members. CNA's Commander is responsible for making quarterly or
regularly scheduled reports to the Board on CNA's operational and budget
activities.
6. Minutes are kept of all meetings, and members are notified in advance of
scheduled meeting dates.
D. OPERATIONAL COMMAND
1. Operational command of the CNA is currently the responsibility of the Tucson
Police Department. The Tucson Police Department assigns a Police Captain to
command CNA. This individual is responsible to the Policy Board for carrying out
approved policy.
2. CNA commanders serve a term of three years and may be appointed from the
Tucson police Department or the Arizona Department of Public Safety.
3. With the approval of the selected agency (or agency with a Commander in place),
the Policy Board will select the agency that is to provide the commander.
E. PROJECT ADMINISTRATION AND REPORTING
1. Responsibilities of CNA and City of Tucson Police Department include:
a. Grants and Reimbursements: The Tucson Police Departrnent is responsible
for contract administration, equipment purchases, grant and funding source
reports. Submission of financial grant and funding reports is the responsibility of
the Tucson Police Department. CNA is responsible for the annual High Intensity
Drug Trafficking Area (HIDTA) and Arizona Criminal Justice Commission (ACJC)
grant applications including budget requests. The monthly, quarterly and annual
performance measurement statistical reports required by the HIDTA and ACJC
grant administrators is the responsibility of CNA.
b. Provision of Documentation: The Tucson Police Department establishes
requirements for the provisions of documentation necessary to reimburse
participating agencies for personnel, equipment and all other operating
expenditures. This responsibility includes ensuring that all grant-funded
expenditures comply with the Federal guidelines for the HIDTA and ACJC grants.
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C. Financiai Systems Management Procurement: CNA will approve and manage
all of its operating expenditures directly through the City of Tucson financial
system and be responsible for the following tasks.
1. CNA staff will coordinate with the City of Tucson budget, finance and
purchasing departments to outline methods that are in the best interest of
both parties to process and pay for CNA purchases and expenses.
2. CNA staff will enter and manage input of all operating expenses in the
City of Tucson's financial systems.
3. Staff will follow all guidelines set forth by the City of Tucson for the
preparation and management of its finances on the software and web-based
systems utilized by the city's budget and finance departments.
4. CNA staff will follow all guidelines set forth by the City of Tucson
purchasing department for the preparation and processing of purchase
orders, vendor contracts, P-card payments and any other purchases made
on behalf of CNA by accessing City of Tucson purchasing software and
associated financial systems.
5. CNA members will obtain internal approvals from CNA staff for payment
of expenditures. Originals or copies of all reimbursement requests from its
lead and participating jurisdiction members to agencies, including grant
funded personnel expenses made to HIDTA and ACJC, that are sent to CNA
for approval and processing.
6. The City of Tucson will issue checks for expenses incurred by CNA
vendors, CNA's participating agencies, and any and all other entities
requesting payment.
7. CNA will make monthly or quarterfy reimbursement requests directly to
the Pima County Attorney's Office (PCAO) to re-fund the City of Tucson for
the expenses itemized in section 6.2.d. Reimbursement checks will be
issued by PCAO, sent to CNA, and then forwarded by CNA to the City of
Tucson finance department.
2. Responsibilities of the City
a. Review and provide financial guidance and assistance for CNA as
provided for other participating agencies and entities with the City's financial
system.
b. Process, enter or forward all invoices for payments to CNA for intemal
approvals.
c. Provide CNA with budget reports for its expenses and the necessary
planning documents for budget preparations.
d. Provide assistance with purchase orders and purchase processes through
the City as needed.
3. Responsibility of Agencies Submitting Reimbursement Requests to CNA
a. Starting July 1, 2013, 2 copies of any requests for grant and personnel
(salary, overtime, overtime ERE) reimbursements are required. If only one
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copy is submitted, CNA will return it to the submitting party and request that
2 copies be forwarded to CNA. CNA reserves the right to revise the number
of copies and paperwork required by agencies and other entities submitting
reimbursement requests as CNA'S financial documentation policies change.
b. Any travel or training attended on behalf of CNA will be planned and paid
for through CNA or the employee's home agency. When these expenses
are incurred by a home agency, said agency must submit a reimbursement
request to CNA. CNA staff will process the reimbursement to the submitting
agency and request a check for payment of these expenses from PCAO.
F. STAFF
1. CNA includes staff from grant-funded and non-grant funded sources. Positions
allocated to CNA from state or local member agencies shall be assigned by the
Policy Board with the goal of encouraging and maintaining a multi-jurisdictional
staff. Grant funded positions are not allocated to federal agencies.
2. Personnet selected to fill grant-funded positions are chosen in accordance with
federal affirmative action guidelines. Agencies providing grant funded employees
pay the salaries and fringe benefits for said employees and submit documentation
as required by the Tucson Police Department for the BYRNE Grant and as
required by the Administrators of the HIDTA Grant for reimbursement of these
personnel expenses. Agencies receiving grant funds agree to presenre and make
available all salary and fringe benefit records for a period of five (5) years from the
date of final payment, or for a longer period of time if required by state or Federal
regulation. Agencies providing grant funded positions are not using these
positions to supplant currently budgeted positions.
3. Ove�time and overtime employee related expenses incurred by a staff member
will be funded by CNA from its Anti-Racketeering account. Lead and participating
jurisdiction member agencies must prepare and submit to CNA reimbursement
requests for processing and payment of these expenses.
G. PROVISIONS OF EQUIPMENT AT TERMINATION OF IGA BY ALL
PARTICIPATING MEMBERS.
Upon termination of the IGA and disbandment of CNA equipment purchases,
including vehicles, made with its Anti-Racketeering funds managed by Pima County
Attomey's Office, shall be disbursed in accordance wi#h Federal and state guidelines
at the time this agreement is ended. The Policy Board will retain the right to disburse
existing equipment, including vehictes, to its participating agencies. The agencies
requesting the equipment/vehicles must provide the Tucson Police Department and
the City of Tucson with written assurance that said equipment, and vehicles, will be
used in the criminal justice system. If equipment used by CNA was supplied by one
of its member agencies, said equipment will be returned to that agency.
H. UNAVAILIBILITY OF FUNDING
Every payment obligation of CNA's participating agency members under this
Agreement is conditioned upon the availability of funds appropriated or allocated for
the payment of such obtigation. If funds are not allocated and available for the
continuance of the Agreement, this Agreement may be terminated by an agency
member. In the event this provision is exercised, an agency member shall not be
obligated or liable for any future payments or for any damages as a result of
termination under this paragraph.
Iil. TERM
This IGA shall be for an initial term of five (5) years, effective upon the adoption of a
fully executed agreement by all parties. The parties shall have the option to extend
the term of this IGA for two (2) additional five (5) year periods. Any modification or
time extension of this IGA shall be by formal written amendment executed by parties
hereto.
IV. TERMINATION
A. Any party may terminate its participation in this Agreement by giving not less than
a 60-day written notice to the other parties. In the event of such termination, each
party shall retain possession of its separately owned equipment and property. Any
party, whose participation in the Agreement is terminated for any reason, shall retum
to CNA equipment and vehicles purchased with CNA grant or Anti-Racketeering
funds.
B. The CNA Policy Board reserves the right to request termination of this Agreement
with a participating member if that member violates the policy guidelines set forth by
the CNA Board. A vote of the other Board members will be taken to determine if a
consensus exists for requesting the termination.
C. This IGA is subject to cancellation by the parties pursuant to A.R.S. § 38-511.
V. NON-ASSIGMNENT
None of the parties to this Agreement shall assign its rights under this Agreement to
any other party without written permission from the Policy Board.
VI. CONSTRUCTION OF AGREEMENT
A. Entire agreement. This instruction constitutes the entire agreement befinreen all
parties herein pertaining to the subject matter hereof, and all prior or
contemporaneous agreements and understandings, oral, or written, are hereby
superseded and merged herein. Any exhibits to this Agreement are incorporated
herein by this reference.
B. Amendment. This Agreement may be extended, modified, amended, altered, or
changed only by written agreements signed by all parties.
C. Construction and interpretation. All provisions of this Agreement shall be
construed to be consistent with the intention of the parties as expressed in the
Recitals hereof.
D. Captions and headings. The headings used in this Agreement are for
convenience only and are not intended to affect the meaning of any precision of this
Agreement.
E. Severability. In the event that any provision of this Agreement or the application
thereof is declared invalid or void by statute or judicial, such action shall have no
effect on other provisions and their application, which can be given effect without the
invalid or void provision or application, and to this e�ent the provisions of the
Agreement are severable. In the event that any provision of this Agreement is
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declared invalid or void, the parties agree to meet promptly upon request of another
party in attempt to reach an agreement on a substitute provision.
VII. LEGAL JURISDICTION
Nothing in this Agreement shall be construed as either limiting or extending the legal
jurisdiction of any existing CNA member.
VII. NO JOINT VENTURE
It is not intended by this agreement to, and nothing contained in this Agreement shall
be construed to, create any partnership, joint venture or employment relationship
between the parties or create any employer-employee relationship between the
members and CNA. None of the parties shall be liable for neither any debts,
accounts, obligations nor other liabilities whatsoever of the other, inGuding (without
limitation) the other party's obligation to withhold Social Security income taxes for
itself or any of its employees.
X. LIMITATION OF LIABILITY AND COMPLIANCE WITH LAWS
Each party will comply with the human relations provisions of its respective agency
and all 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.
A. Anti-Discrimination. The provisions of A.R.S. § 41-1463. Executive Order Number
99-4 issued by the Governor of the State of Arizona, and Tucson City Code § 28-138
are incorporated by this reference as a part of this Agreement.
B. Americans with Disabilities Act. This Agreement is subject to all applicable
provisions of the Americans with Disabilities Act (Public Law 101-366. 42 U.S.0
12101-12213) and all applicable Federat regulations under the Act, including 28 CFR
Parts 35 and 36.
C. For the purposes of worker's compensation, an employee of a party to this
agreement, who worked under the jurisdiction or control of, or who works within the
jurisdictional boundaries of another party pursuant to this particular intergovernmental
agreement for mutual aid law enforcement, shall be deemed to be an employee of
the party who is the employee's primary employer and of the party under whose
jurisdiction and control the employee is then working as provided in A.R.S. § 23-
1022(D) and the primary employer party of such an employee shall be solely liable for
payment of worker's compensation benefits for the purpose of this section. Each
party herein shall comply with provision of A.R.S. § 23-1022(E) by posting the public
notice required.
1. Except for the purpose of worker's compensation as noted in the preceding
paragraph of this section, each party shall be solely responsible and liable for
claims, demands, or judgments (including costs, expenses and attorney fees)
resulting from personal injury to any person or damage to any property arising out
of its own employee's performance under this agreement. Each party shall have
the right of contribution against the other parties with respect to tort Iiabiliry
judgments should multiple parties under this agreement be found liable. This right
of contribution shall not apply to any settlement or demand and each party shalt
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be solely responsible for its own acts or omissions and those of its officers and
employees by reason of its operations under this agreement. This responsibility
includes automobile liability. Each party represents that it shall maintain for the
duration of this agreement liability insurance. The parties may fulfill their
obligations by programs of self-insurance providing protection.
D. Immigration. Pursuant to the Govemor's Executive Order 2005-30, the parties
agree to comply with all applicable federal immigration laws and regulations.
E. Each party agrees to be solely responsible for any expense resulting from
industrial insurance by its employees incurred as a result of operations under this
agreement.
F. CNA will assume sole responsibility for compliance with Internal Revenue Service
and outside local, state and federal regulations. Said compliance will relate to all
laws and guidelines set forth by any governing entity, especially regarding CNA
financials. The City of Tucson will not assume any liability for non-conformance or
penalties related to governance of CNA's budgeting and financial practices.
G. Scrutinized Business. Contractor warrants that it does not have scrutinized
business operations in Sudan or Iran, as prohibited by to A.R.S. §§ 35-391.06 and
35-393-06, and further acknowledges that any subcontractor who is contracted by a
Contractor to perform work pursuant to this Contract shall warrant that it does not
have scrutinized business operations in Sudan or Iran.
H. Non-Discrimination Language. The Parties agree to comply with all provisions
and requirements of Arizona Executive Order 2009-09 including flow down of all
provisions and requirements to any subcontractors. Executive Order 2009-09
supersedes Executive Order 99-4 and amends Executive Order 75-5 and may be
viewed and downloaded at the Governor of the State of Arizona's website
httqs://www.azgovernor.gov/dms/upload/EO 2009 09.pdf which is hereby
incorporated into the Agreement as if set forth in fulf herein. During the performance
of this Agreement, the Parties shall not discriminate against any employee, client, or
any other individual in any way because of that person's age, race, creed, color,
religion, sex, disability and national origin.
XI. ARBITRATION
In the event of dispute under this IGA, the parties agree to use arbitration to the
extent required underA.R.S. § 12-1518 and 12-133.
XII. WAIVER
Waiver by either party of any breach of any term, covenant or condition herein
contained shall not be deemed a waiver of any other terrn, covenant or condition, or
any subsequent breach of the same or any other term, covenant or condition herein
contained.
XIII. FORCE MAJEURE
A party shall not be in default under this Agreement if it does not fulfill any of its
obligations under this Agreement because it is prevented or delayed in doing so by
reason of uncontrollable forces. The term "uncontrollable forces° shall mean, for the
purpose of this Agreement, any causes beyond the control of the party affected,
including but not limited to the failure of facilities, breakage or accident to machinery
or transmission facilities, weather conditions, flood, earthquake, lightening, fire,
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epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott,
material or energy shortage, casualty loss, acts of God, or action or non-action by
governmental bodies in negligence or willful action of the parties, or order of any
government officer or court (excluding orders promulgated by the parties
themselves), and declared local, state or national emergency, which, by exercise of
due diligence and foresight, such party could not reasonably have been expected to
avoid. Either party rendered unable to fulfill any obligations by reason of
uncontrollable forces shall exercise due diligence and foresight, such party could not
reasonably have been expected to avoid. Either party rendered unabte to fulfill any
obligations by reason of uncontrollable forces shall exercise due diligence to remove
such inability with all reasonable dispatch.
XIV. METHOD OF EXECUTION
This agreement may be executed in one or more identical counterparts each of which
shall be deemed an original, but alt of which taken together shall constitute one
agreement.
XV. NOTIFICATION
All notices or demands upon any party to this Agreement shall be in writing, unless
other forms are designated elsewhere, and shall be delivered in person or sent by
mail addressed as follows:
City of Tucson
City Manager
City Hall Tower
255 West Alameda Street, 10"' Floor
Tucson, AZ 85701
Tucson Chief of Police
Tucson Police Department '
270 South Stone Avenue
Tucson, AZ 85701
Director
AZ Department of Public Safety
PO Box 6638
Phoenix, AZ 85005
Deputy County Attorney
Pima County Attorney's Office
32 N. Stone Avenue
Tucson, AZ 85701
University of Arizona
Sponsored Projects Services
PO Box 3308
Tucson, AZ 85722-3308
Marana Chief of Police
Town of Marana
11555 West Civic Center Drive
Marana, AZ 85653
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Oro Valley Chief of Police
Oro Valley Police Department
11000 N. LaCanada Drive
Oro Valley, AZ 85737
Sahuarita Chief of Police
Sahuarita Town Police Department
315 W Sahuarita Center Way
Sahuarita, AZ 85629
XVI. REMEDIES
Either party may to be exclusive of any other right or remedy and each shall be
cumulative and in addition to any remedies provided by law for the breach of this
Agreement. No right or remedy is intended other right or remedy existing at law or in
equity or by virtue of this Agreement.
XVII. HOLD HARMLESS CLAUSE
Each party shall be responsible for liabilities from all claims, damages, or suits arising
from the negligence or willful misconduct of its officers, agents, and employees of any
kind of nature arising out of CNA or its participating member agencies. Each party,
with the exception of the University of Arizona, an agency of the State (A.R.S. §
Section 35-154, Arizona Attomey General Opinion 67363) agrees to indemnify,
defend and hold harmless all parties, its officers, employees and participating
agencies from and against any and all suits, actions, legat or administrative
proceedings, claims demands or damages of any kind under nature arising out of the
their negligence, except for any such liability out of the sole negligence of CNA.
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Parties to This Agreement
City of Tucson
Municipal Corporation
Mayor Date
ATTEST:
City Clerk Date
Reviewed And Approved As To Form:
Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the
foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of
this State.
City of Tucson Attorney Date
City Manager
Date
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Parties to This Agreement
State of Arizona
ATTEST:
Governor Date
Assistance Secretary of State Date
Assistance Secretary of State Date
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Arizona Board of Regents
On behalf of the University of Arizona
ATTEST:
University of Arizona Date
Office of Research & Contracting Analysis
Reviewed And Approved As To Form:
Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the
foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of
this State.
Counsel, Arizona Board of Regents Date
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Parties to This Agreement
Town of Oro Vailey
Municipal Corporation
ATTEST:
Mayor Date
Town Clerk Date
Reviewed And Approved As To Form:
Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the
foregoing Agreement is i.n proper form, and is wifhin the powers and authority granted under the laws of
this State.
Town of Oro Valley Attorney Date
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Parties to This Agreement
Town of Marana
ATTEST:
�'�: >>
Mayor
Town
Reviewed And Approved As To Form:
�� ��
Date
o � ,
Date
Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the
foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of
this State.
Tar�n o� Maraci'a�4ttornev / ' / � Date
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Parties to This Agreement
Town of Sahuarita
ATTEST:
Mayor Date
Town Clerk Date
Reviewed And Approved As To Form:
Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the
foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of
this State.
Sahuarita Town Attorney Date
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