HomeMy WebLinkAboutResolution 2006-211 IGA with pima county/tucson metropolitan counter-narcotics alliance
MARANA RESOLUTION NO. 2006-211
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
CONTINUATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE PIMA
COUNTY/ TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE
WHEREAS, the Town of Marana, Pima County, Arizona, recognizes its duty to protect
its citizens through effective police powers; and
WHEREAS, the Arizona Criminal Justice Commission has awarded funds to the City of
Tucson to administer; and
WHEREAS, the Marana Police Department is a member of the Pima County/Tucson
Metropolitan Counter Narcotics Alliance (C.N.A.); and
WHEREAS, the primary goal ofthe C.N.A. is that drug enforcement in the Pima
County/Tucson metropolitan areas be conducted in a concerted effort, in order to maximize
available resources; and
WHEREAS, the intergovernmental agreement supporting the Pima County/Tucson
Metropolitan C.N.A. which expired January 26,2006 has been amended to continue the
agreement through January 25,2008; and
WHEREAS, each participating jurisdiction must agreement to the amendment; and
WHEREAS, attached hereto as exhibit A is an intergovernmental agreement which has
been prepared that equitably sets out the rights and responsibilities of the Town and Pima
County/City of Tucson in administering the C.N.A. grant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF MARANA, ARIZONA, authorize the Town to execute the amendment to
the intergovernmental agreement by and between the Town and Pima County/City of Tucson
C.N.A., attached hereto as Exhibit A, to allow for the distribution of said monies in accordance
with the terms of the grant.
CNAresolution2007 (2)7
12/19/2006
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARAN~ ~ONA, ~S 19fu day Of~ere~:!J.o~
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CNAreso/ution2007 (2)7
/2/19/2006
mTERGOVERNMENTALAGREEMENTCONTRACTAMENDMENT
For
PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE
CONTRACT NO. 0277-05
AMENDMENT NO.3
WHEREAS, the City of Tucson has entered into an Intergovernmental Agreement with
Pima County, State of Arizona Department of Public Safety, City of South Tucson, Town
of Maran a, Town ofOro Valley, and the Arizona Board of Regents for the University of
Arizona, under Contract No. 0277-05, ("IGA") to coordinate drug enforcement and anti-
terrorism efforts within the Pima County metropolitan area;
WHEREAS, the original IGA term was from January 25,2005, through January 25,
2006;
WHEREAS, the original term has expired, but for all purposes the parties desire to be
bound to the original agreement as if continuously in effect;
WHEREAS, the parties to the original agreement (IGA) wish to extend beyond the
original term;
NOW, THEREFORE IT IS AGREED AS FOLLOWS:
1. There is good cause to extend the term of the IGA through January 25,2008.
2. Article 6, is amended (Pursuant to Amendment 1) to extend the term of the IGA
by substituting "January 25,2008," for "January 25,2007," in the third line.
3. This Amendment No.3 shall be effective upon execution by the parties and filing
a fully executed copy of this amendment with the State of Arizona.
4. This amendment may be executed in one or more identical counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute
one agreement.
All other provisions of the IGA not specifically changed by this Amendment shall remain
in full force and effect and shall be binding upon the parties.
Consent by Chief Law Enforcement Executive Officer
~k
R~ard Vidaurri
Chief of Police
Town of Marana Police Department
k?tP,.tf1~
Date
Attest to:
Approved as to form:
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Participating Agencies
Feder-al Bureau of Investig~tions
Drug Enforcement Administration
IJlllll.i.gr.ltion & Customs Enforcement
Tucson Police Deputment
PiDu County Sheriff's Department
Mzr.l.IU Police Department
Oro V illey Police Department
South Tucson Police Department
Pim.o County Altontey's Office
University of Arizona
PoJjc~ Depilrtment
Ariza.... Department of Pnblic Safety
PIMA COUNTY / rrUCS()N M}1IrJ101)OI~IT AN
COUNTFJR NARCOTICS AI~I~IANCE
P.O. Box 11590
Tucson, Arizona 85734
(520) 547-8800
To:
Re: Continuation of Intergovernmental Agreement for the
Counter Narcotics Alliance
The Intergovernmental Agreement that supports the Pima
County J Tucson Metropolitan Counter Narcotics Alliance will expire
on January 25,2007, pursu~nt to amendment .1 of the contract's
intent for annual renewaLasdocumented in Articl.e 6, Effective Date
and Term.
The contract must be amended to continue the agreementthrough
January 25, 2008,ano each participating jurisdiction mysr~9ree to
the amendment.. I have att~cheda copy of the agreelTl~nt ~s
originally signed byyoUr agency, and a copy>.ofthe ne(.;~ssary
amendment for YOIJFTefer~nce. The Janquaq~ of th~~tl1endment
must remain unchanq~9i'Ni~~ the~~(.;~ption of aJterjn~.the siqnature
block( s) as appropriatefOFivour iurisdiction.
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Within the City of Tucson, the signature of the Chief of Police, and
that of the City Clerk are all that is required to enact the
amendment. This is consistent with the provisions of the contract;
Article 6 Effective Date and Term (City of Tucson contract #0277-
05), "... this agreement shall be renewed annually, not to exceed a
period of five years," and the City of Tucson Resolution #20002,
Article 9; "The Chief of Police is hereby authorized and directed to
execute any future amendments, extensions or agreements that
are substantially similar in form for a period not to exceed five years
from the original expiration term of this agreement, and the City
Clerk is authorized and directed to attest the same."
Please prepare an amendment pursuant to the protocol of your
jurisdiction and forward an executed copy of the document to me.
will consolidate the documents from each jurisdiction and have
them recorded appropriately. A recorded copy will then be sent
back to your signatory.
Please feel free to contact me at 520-547-8810 if you require additional
information.
Thank you,
I:: Ne~
Com man er
Pima County I Tucson Metropolitan Counter Narcotics Alliance
INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT
For
PIMA COUNTY I TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE
CONTRACT NO. 0277-05
AMENDMENT NO.3
WHEREAS, the City of Tucson has entered into an Intergovernmental Agreement with
Pima County, State of Arizona Department of Public Safety, City of South Tucson, Town
of Marana, Town of Oro Valley, and the Arizona Board of Regents for the University of
Arizona, under Contract No. 0277-05, ("IGA") to coordinate drug enforcement and anti-
terrorism efforts within the Pima County metropolitan area;
WHEREAS, the original IGA term was from January 25, 2005, through January 25,
2006;
WHEREAS, the original term has expired, but for all purposes the parties desire to be
bound to the original agreement as if continuously in effect;
WHEREAS, the parties to the original agreement (IGA) wish to extend beyond the
original term;
NOW, THEREFORE IT IS AGREED AS FOllOWS:
1 . There is good cause to extend the term of the IGA through January 25, 2008.
2. Article 6, is amended (Pursuant to Amendment 1) to extend the term of the IGA
by substituting "January 25,2008," for" January 25,2007," in the third line.
3. This Amendment No. 3 shall be effective upon execution by the parties and filing
a fully executed copy of this amendment with the State of Arizona.
4. This amendment may be executed in one or more identical counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute
one agreement.
All other provisions of the IGA not specifically changed by this Amendment shall remain
in full force and effect and shall be binding upon the parties.
Consent by Chief law Enforcement Executive Officer
Richard Miranda
Chief of Police
City of Tucson Arizona Police Department
Date
AOO1 0597. DOC!
Attest to:
Kathleen Detrick
City Clerk, City of Tucson
Date
Approved as to form:
Elizabeth Uebel
Office of the City Attorney
Date
AO010597.DOCI
INTERGOVERNMENT AL AGREEMENT
FOR
PIMA COUNTY !TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA)
WHEREAS, the City of Tucson has received a grant of federal funds from the Arizona Criminal
Justice Commission in the total amount of $867,770 for administration of a multi-agency drug task force in
the Tucson metropolitan area designated as the Pima Countyffucson Metropolitan Counter Narcotics
Alliance (hereinafter "CNA)", and
WHEREAS, the Ariwna Criminal Justice Commission may from time to time provide the City of
Tucson with additional grants to implement such law enforcement projects, and
WHEREAS, Pima County has received a grant of federal funds for eleven positions assigned to the
Pima Countyffucson Metropolitan Counter Narcotics Alliance, from the federal program High Intensity
Drug Trafficking Areas (hereinafter "J-DDT A"), to further its primary goal of significantly reducing
unlawful narcotics activity in the Pima County metropolitan area, and
WHEREAS, the City of Tucson, Pima County, the Town ofOro Valley, the Town of Marana, the City
of South Tucson, the Arizona Board of regents, and the State of Ariwna, pursuant to A.R.S. ~13-3872,
and in accordance with the provisions of A.R.S. Title 11, Chapter 7, Article 3, and as authorized by
appropriate action of the governing body for each party, desire to enter into this mutual aid agreement on
behalf of their various law enforcement agencies with respect to such grants, and
WHEREAS, the City of Tucson is empowered by Tucson Charter Chapter X, Section 7, to maintain a
Police Department for the purposes stated herein and is authorized to contract by Tucson Charter Chapter
XV, Section I, and
WHEREAS, the Sheriff of Pima County is empowered by AR.S. ~1l-441, et.seq. to maintain a
Sheriff's Department for the purposes stated therein and the County Board of Supervisors is empowered by
ARS ~11-201 to enter into contracts on behalf of the County Sheriff's Department, and
WHEREAS, the Town of Om Valley is empowered by ARS. Title 9 to contract and by ARS. ~9-
240(B)(12) to maintain the Oro Valley Police Department for the purpose stated therein, and
WHEREAS, the Town of Marana is empowered by A.R.S. Title 9 to contract and by ARS. ~9-
240(B)(l2) to maintain a Police Department for the purposes stated therein, and
WHEREAS, the City of South Tucson is empowered by ARS. Title 9 to contract and by AR.S. ~ 9-
240(B)(12) to maintain the South Tucson Police Department for the purposes stated therein, and
\\'HEREAS, the Ariwna Board of Regents is empowered by AR.S. ~15-1627(F) to maintain the
University of Ariwna Police Department for the purposes stated therein and by A.R.S. ~15-1625 to enter
into contracts on behalf of the University of Ariwna Police Department, and
WHEREAS, the Department of Public safety is empowered by AR.S. S41-1712 to maintain a
narcotics enforcement and criminal investigation division, and
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WHEREAS, implementation of this Intergovernmental Agreement will substantially further the public
safety, health, and welfare:
NOW, THEREFORE, the parties do hereby agree as follows:
ARTICLE I DEFINITIONS
A. "Party" means each of the governmental entities that have executed this agreement.
B. "Chief Law Enforcement Officer" means that person who is a "department or 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 Countyffucson Metropolitan Counter Narcotics Alliance. The governmental
entities making up the CNA are the City of Tucson, Pima County, the Town of Oro Valley, the Town
of Marana, the City of South Tucson, the Arizona Board of Regents, the State of Arizona and the
United States Government.
ARTICLE 2 PURPOSE
The primary goal of the CNA is that drug enforcement in the Pima County and Tucson metropolitan areas
be conducted in a concerted effort, in order to maximize available resources. Enforcement will be addressed
from the street level to the international level through cooperation of local, State, and Federal agencies, and
Arizona lllDT A initiatives. This Alliance will be an interrelated drug and anti-terrorism enforcement effort
that shares resources and intelligence in the successful interdiction of illegal narcotics.
ARTICLE 3 OBJECTIVES
Program objectives include the following:
I. Reduce the rate of crime associated with drug trafficking and drug use.
2. Enact strategies that will serve to interdict the availability, shipment, and flow of illicit narcotics
within and through the Pima Countyffucson Metro service area.
3. Employ investigative and enforcement strategies that target offenders, locations, and organizations
involved in activities associated with illicit narcotics.
4. Use intelligence driven enforcement to focus collaborative resources.
5. Work toward reducing the demand, prevalence, and chronic use of illicit narcotics.
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ARTICLE 4 JURISDICTION
The Chief Law Enforcement Officers of each of the parties hereto individually consent to the extension
of peace authority into their jurisdiction or territory by the peace officers assigned to the CNA by the
Chief Law Enforcement Officers of the other parties, in accordance with the provisions of AR.S. S13-
3872. Nothing in this agreement shall be construed as either limiting or extending the lawful
jurisdiction of any of the parties, other than as expressly set forth herein.
ARTICLE 5 PLANNING AND ADMINISTRA nON
A Establishment of and Powers of Policy Board:
1. The CNA will be governed by a Policy Board having final authority for its operation.
2. The Policy Board shall establish policies to select cases to be investigated; allocate, focus, and
manage project resources; and provide oversight of project investigations.
3. The Policy Board will disburse any forfeited funds or real property to members of the CNA or the
County Attorney's Anti-Racketeering Fund pursuant to the provisions of ARS. ~~13-2314 and
13-2315, with the exception of any forfeiture generated by the participating federal jurisdictions.
4. Forfeiture investigation and analysis will be conducted by the Financial Remedies & Property
Management Units assigned to CNA and administered by the Tucson Police Department.
The Policy Board shall meet monthly beginning January 2004. The CNA Commander shall make
quarterly reports to the Policy Board.
5.
6.
7.
B.
1.
2.
Minutes \vili be kept of all meetings, and members shall be notified of meetings.
A quorum of three-quarteTS of the Board will be sufficient to take Board action.
MEMBERSHIP OF POLICY BOARD
Each member of the Policy Board shall have an equal vote.
The Policy Board will consist of the chieflaw enforcement officer or, in the case of federal
agencies, the head of the Tucson office, from the following agencies: Pima County Sheriff's
Department, Tucson Police Department, Arizona Department of Public Safety, Federal Bureau of
Investigation, Drug Enforcement Administration, and Customs and Immigration Enforcement.
3. A single policy board member selected from among their ranks shall represent the remaining
parties (participating jurisdictions) to this agreement on the policy board. Initially, the South
Tucson Police Chief shall serve as the participating jurisdiction representative.
4. The chief officer of each law enforcement agency may appoint a designee to fill the chief s position
on the Policy Board. A designee may exercise the appointing chief s voting rights.
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5. Both the policy board chairperson and vice-chairperson positions shall rotate among the sponsoring
agencies. Initially, the chairperson shall be Tucson Drug Enforcement Administration Assistant
Special Agent-in-Charge and the vice-chair shall be the Tucson Police Department Chief. The
terms of these positions shall not exceed one year.
C. OPERATIONAL COMMAND
Operational command of the CNA will initially be the responsibility of the Tucson Police
Department. The Tucson Police Department will assign a Police Captain to command the CNA.
This individual will be responsible to the Policy Board for carrying out approved policy.
CNA commanders will serve a term of three years, beginning with the Tucson Police Department,
and may be appointed from the Tucson Police Department, Pima County Sheriff's Department or
the Arizona Department of Public Safety. With the approval of the selected agency, the policy
board will select the agency that will provide the commander.
D. PROJECT ADMINISTRATION AND REPORTING
The Tucson Police Department shall assume responsibility for project administrative and financial
matters, such as contract administration, accounting, equipment purchase, project evaluation,
funding source reports, and submission of proposals for further funding.
The Tucson Police Department shall establish requirements for the provision of documentation
necessary to reimburse participating agencies for grant approved expenditures. All grant-funded
expenditures must comply with current federal regulations and the grant contract with the Arizona
Criminal Justice Commission.
E. STAFF
The CNA shall include staff from grant-funded and non-grant funded sources. Grant funded
positions shall be allocated by the policy board to state or local agencies, with the perspective of
encouraging and maintaining a multi-jurisdictional staff. Grant funded positions will not be
allocated to federal agencies.
Personnel selected to fill grant-funded pOSItIons shall be chosen in accordance with federal
affirmative action guidelines. Agencies providing grant funded employees agree to pay the salaries
and fringe benefits for said employees and submit documentation, as required by the Tucson Police
Department, for reimbursement under the grant. Agencies receiving grant funds agree to preserve
and make available all salary and fringe benefit records for a period of five (5) years from the dare
of final payment, or for a longer period of time if required by state or federal regulation. Agencies
providing grant funded positions shall not use these positions to supplant currently budgeted
positions.
F. PROVISION OF EQUIPMENT AT GRANT TERMINATION
Any equipment purchased with grant funds shall be disbursed in accordance with the federal
guidelines at the time the grant is terminated. The Policy Board may disburse grant funded
equipment to participating agencies, if these agencies provide the Tucson Police Department with
written assurance that said equipment will be used in the criminal justice system and consistent
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with those objectives outlined in the CNA grant application. Equipment provided by participating
agencies shall be returned to the agency supplying such equipment.
ARTICLE 6 EFFECTIVE DATE AND TERM
This agreement will become effective upon the day a fully executed agreement is filed in the
Office of the Pima County Recorder pursuant to AR.S. ~1l-952 and shall continue in force until
December 31, 2004. In the event that other grants are forthcoming or funds from other sources
become available for continuation, this agreement shall be renewed annually, not to exceed a period
of five years.
ARTICLE 7 TERMINATION
This Agreement may be terminated at any time by mutual written consent or by any party
terminating the agreement as to such party by giving not less than sixty (60) days 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, prior to the expiration of the initial term or during extended terms as
specified in ARTICLE 6 above, shan return any equipment purchased with grant funds to the
Policy Board.
This contract is subject to cancellation by the parties pursuant to A.R.S. ~38-511.
ARTICLE 8 LIMITATION OF LIABILIlY
A For the purposes of workman's compensation, an employee of a party to this agreement, who works
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 in 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-
I022(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
provisions of A.R.S. ~23-1 022(E) by posting the public notice required.
B. Except for the purposes of worker's compensation as noted in the preceding paragraph of this
Article, 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 liability 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 shall be solely responsible for its own acts or
omissions and those of its officers and enlployees 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.
C. Each party agrees to be solely responsible for any expense resulting frOlll industrial insurance by
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its employees incurred as a result of operations under this agreement.
ARTICLE 9 HUMAN RELATIONS
Each party will comply with human relations provisions of its respective code and Federal
Affirmative Action guidelines required by this contract.
ARTICLE 10 METHOD OF EXECUTION
This agreement may be executed in one or more identical counterparts each of which shall be
deemed an original, but all of which taken together shall constitute one agreement.
ARTICLE II NOTICE
Any notice given pursuant to this contract shall be in writing and shall be considered to have been
given when actually received by the following addresses or their agents or employees:
Tucson Chief of Police
Tucson Police Department
270 S. Stone Avenue
Tucson, Arizona 8570 I
Pima County Sheriff
Pima County Sheriff s Department
1750 E. Benson Hwy.
Tucson, Arizona 85714
Director, AZ Department of Public Safety
P.O. Box 6638
Phoenix, Arizona 85005
South Tucson Chief of Police
South Tucson Police Department
P.O. Box 7307
South Tucson, Arizona 85725
Marana Chief of Police
Marana Police Department
13291 N. Lon Adams
Marana, Arizona 85653
Oro Valley Chief of Police
Oro Valley Police Department
680 W. Calle Concordia
Oro Valley, Arizona 85737
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Chief of Police
University of Arizona Police Department
1852 E. 1st Street
Tucson, Arizona 85721
IN WITNESS WHEREOF, the Chief Law Enforcement Officer or Chief Executive Officer of the parties
hereto have severally given their respective consents authorized by A.R.S. ~ 13-3872 and the parties hereto
have executed this agreement by and through their respective officers duly authorized.
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