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HomeMy WebLinkAboutResolution 2015-008 Approving State and Local HIDTA Task Force AgreementMARANA RESOLUTION NO, 2015-008 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in the Pima County area; and WHEREAS the United States Department of Justice, Drug Enforcement Administration ( DEA) has established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit drug trafficking in the State of Arizona; and WHEREAS currently the Town of Marana Police Department has an officer in a g position osition under the High Intensity Drug Trafficking Area (HIDTA) program. with the Pima County /'I "ucson Metro Counter Narcotics Alliance (CNA); and WHEREAS A recent change in the supervisory staffing has allowed a unique opportunity for the Marana officer to continue to work in the HIDTA program but be a Credentialed Task Force Officer with the Drug Enforcement Administration; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this task force agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the State and Local HIDTA Task Force Agreement between the DEA and the Marana Police Department, attached to this resolution as Exhibit A, and author - izing the Chief of Police to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the task force agreement. _I_ Resolution No. 2015 -008 PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 20th da of Januar 2015. C Ma Ed onea ATTEST: J cel C. ronson, Town Clerk N Z Resolution No. 2015-008 7 7 APPROVED AS TO FORM: Cassjfly, Town Attorne -2- EXHIBIT A To RESOLurm No. 2015 -008 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MAR.ANA POLICE DEPARTMENT This agreement is made this day of. , 201 S, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Marana Police Department (hereinafter "MPD "). The DEA is authorized to enter into this cooperative agreement concerning the use - and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the State of Arizona and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: 1. The DEA Sierra Vista Office (Officer detailed to the DEA Tucson Task Force) will perform the activities and duties described below: a. disrupt the illicit drug traffic in the State of Arizona area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Sierra Vista Office (officer detailed to the DEA Tucson Task Force), the MPD agrees to detail one (1) experienced Officer to the DEA Sierra Vista Office for a period of not less than two years. During this period of assignment, the MPD Officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The MPD Officer assigned to the Task Force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MPD Officer assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 USC 878. 00040704.DOCX /1201.5 Marana PD — Sierra Vista HIDTA Agreement Page 1 A. G. CONTRACT NO. P00 �- DPS CONTRACT 1VO. INTERGOVERNMENTAL AGREEMENT REGARDING ARIZONA VEHICLE THEFT TASK FORCE This Intergovernmental A ("IGA " is entered into between the State of Arizona, throu its Department of Public Safet hereinafter referred to as "DPS", and the Marana. Police Department, hereinafter referred to as "A The purpose of this Agreement is to enhance law enforcement services concernin vehicle theft throu the cooperative efforts of the parties to this A 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 hereb a to the followin terms and conditions: I. Participation The Agenc a to assi one ( 1 ) P.O.S.T. certified sworn law enforcement officer, licrein referred to as "officer", to the Arizona Vehicle Theft Task Force on a full-time basis, for such assi within the purposes of this contract, as directed b DPS. Durin this assi DPS and the A a to allow the officer to maintain all benefits, ri and privile available to the officer as if the officer were assi on a full-time basis to the A enc The 9 officer must abide b all of the applicable rules and re of the A and s subj ect to ns the A disciplinar process. In the event the officer is involved in a critical incident, as defined b DPS polic the A a to cooperate with, and participate in,, an investi and/or critical Incident review conducted b DPS for the purpose of evaluatin the policies and procedures utilized b the Task Force. 11, Reimbursement DPS a to reimburse the A on a q uarterl y basis, for 75% of the salar of the assi police officer and 100% of pre-authorized Task Force related overtime hours per month (dependin upon fundin b the Arizona Automobile Theft Authorit based on DPS weekl time accountin summar The A a to provide to DPS the followin information.- the officer's annual and hourl rate of pa the officer's hourl overtime rate of pa and associated ERE (emplo related expenses costs. DPS is not obli to reimburse the A for salar raises or modifications to base salaries unless the A notifies DPS at least ninet ( 90 ) calendar da prior to the effective date of such modification. All approved travel expenses will be reimbursed directl to the officer b DPS under the emplo travel reimbursement g uidelines established b the Arizona Department of Administration. DPS shall as and maintain a vehicle which will be provided in accordance with DPS vehicle polic to the A officer assi to the Task Force. The maintenance and use of the DPS vehicle will be in conformance and compliance with all DPS rules and regulations. III. 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. Vt. 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 Prog ram �' P g m guidelines. Each assigned officer shall be subje � ct 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 Rozema, Chief Marana Police Department 115 5 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. P., 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. XY. Fees Neither party may charge the other for any administrative fees for work performed pursuant to this Agreement. XII. Jurisdiction ITS gives prior consent to extend law enforcement authority of the participating Agency to the jurisdiction of DPS, pursuant to A.R.S. § 13• -3871. "rhe 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 AR 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 term 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 ok 2014. - b-e v-;� State of Arizona B 4A&AkXX � Robert C. Hallida D %ree r Arizona Department o u is Sa t Date: � \i� �� B Ter y Rozem/, Chief Marana Police Department Date: Approved as to Form: 4� .Assistant - Aft'orn e General Date Approved as to Form: Pa 4 of 4 June 2014 Date -A' .� RIZO1 THOMAS C.HORNE OFFICE OFF THE ATTORNEY GENERAL ATTORNEY GENERAL CIVIL DIVISION /TRANSPORTATION SECTION INTERGOVERNMENTAL AGREEMENT DETERMINATION Brian D. Schneider Assistant Attorney General Direct No.: 502 -642 -8863 A.G. Contract No. P001- 2014 -- 003862 (DPS 2014 -212), an Agreement between public agencies, Arizona Department of Public Safety and the Vlarana Police Department Re Arizona Vehicle Theft Task Force, has been reviewed pursuant to A.R.S. § 11 -952, as amended, by the undersigned Assistant Attorney General, who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. DATE � �' � , 2014. THOMAS C. HORNE Attorney General BRIAN . SCHNEIDER Assistant Attorney General Doc #4205384 1 275 west Washington, Phoenix, Arizona 55407 -2926 • Phone 602-542-1680 Fax 602 -542 -3646 • www.azag.gov MARANA 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 city, coun- ty, state and federal law enforcement agencies participating in a concerted effort to identify, ap- prehend, and prosecute individuals and criminal organizations 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 Safety (DPS) are author- ized and empowered to enter into agreements by A.R..S. § 11-9 5 2 - and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA., approving the intergovernmental agreement between DPS and the Town of Marana Police Department, attached to this resolution as Exhibit A, and authorizing the Chief of Police to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2014. ATTEST: An Jocelyn ro son, Town Clerk Mayor 9d Honea APPROVED AS TO FORM: 7/_ -x/ X Cas dy, Town At rney Resolution No. 2014 -096