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HomeMy WebLinkAboutResolution 2014-096 IGA Arizona Vehicle Theft Task ForceMARANA RESOLUTION NO, 2014-096 RELATING TO POLICE DEPARTMENT APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE TOWN OF MA- RANA REGARDING THE ADMINISTRATION, FUNDING AND OPERATION OF THE ARIZONA VEHICLE THEFT TASK FORCE WHEREAS the Arizona Vehicle Theft Task Force (AVTTF) is comprised of cit coun- t state and federal law enforcement a participatin in a concerted effort to identif ap- prehend, and prosecute individuals and criminal or that profit from the theft of motor vehicles and related crimes and WHEREAS the Town of Marana Police Department wishes to participate in the AVTTF and WHEREAS The Town and the Arizona Department of Public Safet (DPS) are author- ized and empowered to enter into a b A.R.S. § 11-952 and WHEREAS the Ma and Council of the Town of Marana find it is in the best interests of" its citizens to enter into this inter a NOW.) THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE `J�OWN OF MARANA, approvin the inter a between DPS and the Town of Marana Police Department, attached to this resolution as Exhibit A, and authorizin the Chief of Police to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Mana and staff are hereb directed and authorized to undertake all other and further tasks re or beneficial to carr out the terms, obli conditions and objectives of the inter a PASSED AND ADOPTED b the Ma and Co-uncil of the Town of Marana, Arizona, this 7th da of October, 2014. ` N A , MMARANA k ,%./ ATTEST; C Jocel V A. hr*4ol4sovn, Town Clerk Ma 9d Honea APPROVED AS TO FORM: AtI. Cas,o'd Town AtXrne Resolution No, 2014-096 DPS CONTRACT NO. INTERGOVERNMENTAL AGREEMENT REGARDING ARIZONA VEHICLE THEFT TASK FORCE This Intergovernmental Agreement C'IGA") i s entered into between the State of Arizona through its Department of public Safety, hereinafter referred to as "DPS ", and the Marana Police Department, hereinafter referred to as "Agency." The purpose of this Agreement is to enhance law enforcement services concernin g vehicle theft through the cooperative efforts of the parties to this Agreement. DPS is authorized and empowered to enter into this IGA pursuant to A.R.S. § 41- 1713 B.3; both parties are authorized and empowered to enter into this IGA pursuant to A.R.S. § 11 -952. Now in consideration of the mutual promises set forth herein, the parties hereby agree to the following terms and conditions: I, Participation The Agency agrees to assign one (1) P.O. S.1". certified sworn law enforcement officer herein referred to as "officer ", to the Arizona Vehicle Theft Task Force on a full -time basis for such assignments within the purposes of this contract, as directed b DPS. Duri this assignment, Y g g nt, DPS and the Agency agree to allow the officer to maintain all benefits, rights xhts and privileges g p g available to the officer as if the officer were assigned on a full -time basis to the Ag ency. The officer must abide by all of the applicable rules and regulations of the Agency and is subject to g Y � the Agency's disciplinary process. In the event the officer is involved in a critical incident as defined by DPS policy, the Agency agrees to cooperate with, and participate in, an investigation Y g and/or critical incident review conducted by DPS for the purpose of evaluatin g the policies and procedures utilized by the Task Force. XI, Reimbursencnt DPS agrees to reimburse the Agency on a quarterly basis, for 75% of the salary f the assi d Y ne g police officer and 100% of pre - authorized. `Task Force related overtime hours P er month (depending upon funding by the Arizona Automobile Theft Authority), based on DPS weekly time accounting summary. The Agency agrees to provide to DPS the followin g information: the officer's annual and hourly rate of pay, the officer's hourly overtime rate of p a Y and associated ERE (employee related expenses) costs. DPS is not obligated to reimburse the Agency for sala g Y Y raises or modifications to base salaries unless the Agency notifies DPS at least ninety Y calendar days prior to the effective date of such modification. All approved travel expenses will be reimbursed directly to the officer by DPS under the employee travel reimbursement guidelines established by the Arizona Department of Administration. DPS shall assign and maintain a vehicle which will be provided in accordance with DPS vehicle olio to the Agency P Y g Y officer assigned to the Task Force. The maintenance and use of the DPS vehicle will be in conformance and compliance with all DPS rules and regulations. IYI. Availability of Funds Every payment obligation of DPS under this agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. if funds are not allocated and available for the continuance of the agreement, the agreement may be terminated by DPS at the end of the period for which funds are available. No liability shall accrue to DPS in the event this provision is exercised, and DPS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. IV. Nondiscrimination All parties agree to comply with the non - discrimination provisions of the Governor's Executive Order 2009.09. V. Indemnification Each party (as `indemnitor') agrees to indemnify, defend, and hold harmless the other party from and against any and all claims, losses, liability, costs, or expenses, including reasonable attorney's fees, arising out of the bodily injury of any person or property damage, but only to the extent that such claims are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, agents, or employees. VI. Drug Free Workplace Any officer assigned to the task force will be subject to random and/or for cause drug and alcohol testing in accordance with the Agency's guidelines and the DPS Drug Free workplace Program guidelines. Each assigned officer shall be sub j ect to the responsibilities of and shall retain all rights as provided for in the DPS Drug Free Workplace Program Manual, DPS Form Number DPS 932- 02056. DPS shall not charge any fee or cost to the Agency for any assigned officer who undergoes testing. officer may be removed from the task force for failure to comply with the Agency's guidelines /drug screening requirement or for his/her failure to comply with DPS program /drug screening requirements. VII. Immigration Compliance All parties agree to comply with all applicable federal immigration laws and regulations of the Governor's Executive order A.R.S. §§ 23-214 and 41 -4401. VIII. Termination Either party may terminate this Agreement for convenience or cause with thirty (30) calendar days written notice to the other party. Upon termination, DPS shall pay the Agency all outstanding amounts up through the time at which the termination becomes effective. All property shall be returned to the owning party upon termination. Any notice required to be given under this Agreement will be provided by mail to: Page 2 of 4 June 2014 Daniel Lugo, Major Arizona Department of Public Safety P. 0. Box 6638 Phoenix, Arizona 85005 Terry R.ozerna, Chief Marana Police Department 1155 5 W. Civic Center Drive Marana, Az 85653 Ix. Cancellation All parties are hereby put on notice that this contract is subject to cancellation for conflicts of interest, pursuant to A.R.S. § 38-511, X. Recordkeeping All records regarding this Agreement, including officer's time accounting logs, must be retained for five (5) years after completion of this Agreement, in compliance with A.R.S. § 35-214. Y. Fees Neither party may charge the other for any administrative fees for work performed pursuant to this Agreement. xII. Jurisdiction DPS gives prior consent to extend law enforcement authority of the participating Agency to the jurisdiction of DPS, pursuant to A.R.S. § 13 -3871. The Agency agrees to permit their officer to work outside of their regular Jurisdictional boundaries, as any peace officer can in the State of Arizona. xIII. Limitations This agreement does not relieve either agency of its official duties and shall not be construed as limiting or expanding the statutory responsibilities of the parties. XIV. Arbitration In the event of a dispute under this IGA, the parties agree to use arbitration to the extent required under A.R.S. §§ 12- 1518 and 12- 133. XV. Effective Date/Duration This Agreement' shall become effective upon the execution of two (2) originals by the parties. This Agreement shall be for a terra of one (1) year after the Agreement becomes effective, but shall automatically renew itself on July 1" of each year if DPS sends out a written notice of funding availability to the Agency within thirty (30) calendar days prior to the end of each year. All prior agreements regarding the task force are canceled as of the effective date of this agreement. Page 3 of 4 June 2014 XV1. Worker's Compensation Benefits Pursuant to A.R.S. § 23-1022 D, for the purposes of worker's compensation covera all emplo covered b this A shall be deemed to be an emplo of both a The primar emplo shall be solel liable for pa of worker's compensation benefits. IN WITNESS WHEREOF, THE PARTIES HEREBY subscribe their names this da of .2014. State of Arizona 0 Robert C. Hallida Director Arizona Department of Public Safet Date.- B Ter y Rozem/ Chief Marana Police Department Date.- Approved as to Form: Assistant Attorne General Date Approved as to Form: Pa 4 of 4 JUDe 2014 Date