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HomeMy WebLinkAboutResolution 2019-069 IGA between Town of Marana and Southern Arizona Law Enforcement Training Center MARANA RESOLUTION NO. 2019-069 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF MARANA AND THE CITY OF TUCSON FOR USE OF THE SOUTHERN ARIZONA LAW ENFORCEMENT TRAINING CENTER (SALETC) WHEREAS the Town of Marana Police Department is committed to training its police officer recruits to have the qualifications, skills, and proficiency to provide unparalleled service and unwavering protection to ensure the safety and security of every person who lives in or visits Marana; and WHEREAS Arizona statutes require that appointed police officers must successfully complete the prescribed coursework and demonstrate the minimum proficiencies as established by the Arizona Peace Officer Standards and Training Board (AZPOST) prior to performing the duties of a police officer; and WHEREAS the City of Tucson provides a Basic Training Program that fulfills AZPOST requirements to police officer recruits assigned for training at SALETC; and WHEREAS the Mayor and Council find that the Marana Police Department's participation in the Basic Training Program at SALETC 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 Town of Marana and the City of Tucson, 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 6th day of August 2019. ,AX:SOk Mayor Ed Honea MARANA AZ ATTES : APPROVEp AS TO FORM: 0/ Cherry L. La on, Town Clerk Fr k C ssi y, Town orney Marana Resolution No.2019-069 EXHIBIT A THE CITY OF TUCSON SOUTHERN ARIZONA LAW ENFORCEMENT TRAINING CENTER(SALETC) Peace Officer Educational Services & Facilities Use Agreement WHEREAS, the City of Tucson (hereinafter referred to as "CITY") and Town of Marana (hereinafter referred to "USER") desire to enter into this agreement on behalf of their respective operations; and WHEREAS, the success of law enforcement agencies in providing effective public service depends not only upon the overall performance, but to a great extent depends on the qualifications, skills and proficiency of those peace officers appointed by each jurisdiction; and WHEREAS, Arizona statutes require that appointed police officers must successfully complete the prescribed coursework and demonstrate the minimum proficiencies as established by the AZ POST. Prior to performing the duties of a peace officer; and WHEREAS, the law enforcement community recognizes the necessity to provide exceptional and continuous training for all agencies within the State of Arizona; and WHEREAS, the undersigned members of the Arizona law enforcement community recognize the need for additional collaborative partnerships to ensure a responsive and consistent training environment for their peace officers; NOW, THEREFORE, in consideration of the mutual representations and covenants set forth herein, the Parties hereby agree as follows: I. PURPOSE The purpose of this Agreement is to establish the terms for the use of the Southern Arizona Law Enforcement Training Center (SALETC). The CITY will provide basic training for peace officer recruits assigned for training at SALETC, for which the USER will help offset the cost of training through payment or by providing a counselor in lieu of payment. II. AUTHORITY The CITY is empowered by the Tucson Charter, Chapter X, section 7 to maintain a police department for the purposes stated therein and by Chapter IV to contract for the purposes stated therein, and authorized to enter into this agreement by virtue of the Charter of the City of Tucson, and by approval of the Tucson Mayor and Council. The USER is empowered by their perspective jurisdiction to maintain a police department for the purposes authorized by Local, State, Tribal, or Federal authority. By signing this agreement, the USER confirms the signees are authorized to enter into this agreement by virtue of the USER's governmental authority. Exhibit 1 to Resolution No. 23046 City of Tucson Contract No. 18746 All parties are authorized to enter this agreement by virtue of A.R.S. § 11-951 et seq., which provides for intergovernmental agreements and contracts between public agencies. III. THE CITY'S RESPONSIBILITIES The CITY agrees to allow law enforcement agencies within the state of Arizona to send recruits to attend the Basic Training Program at SALETC, provided that those agencies enter into a contract with the CITY that allows, among other things, the CITY to recover costs associated with training recruits from outside agencies. The CITY reserves the right to run an independent Basic Peace Officer Training Course side-by-side with the regional academy at the same facility. This agreement is non-exclusive, the CITY may allow several agencies to participate in the same academy. The CITY agrees to provide the Arizona Peace Officer Standards and Training Board (AZPOST) approved Basic Peace Officer Training Course at the Tucson Public Safety Academy located at 10001 South Wilmot Road. The SALETC Basic Training Program includes the 585 hours AZPOST curriculum as well as 295 hours of additional training for a total of 880 hours, or 22 weeks. Upon successful completion of the basic training program, recruits will receive certification as an AZPOST Peace Officer. The CITY agrees to provide the housing (housing is limited and may not always be available) through SALETC to those recruits and or counselors who qualify per AZPOST rules and whose host agency and residence is greater than 50 miles from the training facility. Housing will be the dorm facility onsite at the Tucson Public Safety Academy. The dorm facility has a full kitchen and laundry facilities. No food will be provided to resident recruits or counselors. Nothing in this agreement precludes the City from receiving funds allocated by the AZ POST in accordance with A.R.S. § 41-1828 or 13 A.C.C. R13-4-117. IV. THE USER'S RESPONSIBILITIES The USER agrees to pay the CITY $15,000.00 per recruit enrolled in the Basic Training Program at SALETC. The amount paid by the USER is intended to recover a portion of operational expenses incurred by the CITY. The funds will be placed into a restricted account to be utilized by the CITY solely for the Basic Training Program. The USER shall provide the entire amount prior to the start of the academy. If the amount is not paid in full, the recruit will not be allowed to start the program. If a recruit is removed from or is unable to complete the program, the USER will be reimbursed at a prorated rate based on the number of days remaining in the program. The CITY may allow the USER to provide a class counselor in lieu of payment. When the USER provides a full-time class counselor for the duration of the 22-week academy, the USER will be allowed to enroll recruits at no cost only for the academy in which the counselor is utilized. Any modification requires approval from the Chief of Police. The counselor provided by the USER shall comply will all the standards of conduct required by counselors employed by the CITY. SALETC has the sole discretion as to acceptance, denial, or removal of any class counselor. V. DURATION This agreement shall take effect when approved by all parties. This agreement shall remain effective for a period of three years from the date approved, unless terminated in accordance with the terms of this agreement. Termination may be unilaterally completed by either party to this agreement via written notice. Termination will occur 30-days after the receipt of written notice. VI. PERSONNEL The parties recognize the CITY has an established chain of command at SALETC and that the Basic Training Commander will report to the Tucson Police Division Captain that has overall responsibility for SALETC. Notwithstanding any such exercise of direction or control by any other party, the employees of each party participating in the program contemplated hereby shall be and remain in the employ of such party only, and no party hereto shall have responsibility or liability for any employee of another party or for the acts, actions or omissions of any such employee, except as may be otherwise expressly provided herein, or by law. The parties agree that no person supplied by the USER, in the performance of their obligations under this agreement is an employee of the City and that no rights under Tucson civil service, retirement or personnel rules, accrue to such persons. The parties agree that no person supplied by the CITY in the performance of its obligation under this agreement, is an employee of the USER. VII. INDEMNIFICATION USER shall indemnify, defend and hold harmless the CITY and its officers, agents, contractors, volunteers, and employees from and against any and all claims, actions, liabilities, damages, losses, or expenses, including court costs, attorneys' fees, and costs of claim processing, investigation and litigation(hereinafter referred to as "Claims") for bodily injury or personal injury(including death), or loss of or damage to tangible or intangible property the extent caused, or alleged to be caused, in whole or in part,by the negligent or willful act or omissions of USER or any of its officers, directors, agents, employees, invitees or contractors, arising out of or related to USER's occupancy and use of the facility. It is the specific intention of the parties that the CITY shall, in all instances, except for claims arising from acts or omissions of the CITY,be indemnified by USER from and against any and all claims arising out of USER's occupancy and use of the facility. It is agreed that USER will be responsible for primary loss investigation, defense and judgement costs where this indemnification is applicable. In consideration for the use and occupancy of the facility, USER agrees to waive all rights of subrogation against the CITY and its officers, officials, agents and employees for losses arising from the use of the facility unless the rights arise due to the negligent or will acts or omissions of the CITY. VIII. INSURANCE Each party represents that it shall maintain for the duration of this agreement, policies of comprehensive general liability insurance covering all of its operations undertaken in implementing this agreement. USER's insurance coverage must be primary insurance and non- contributory with respect to all other available sources. Insurance certificates must meet the following conditions: (a) provide at least two million dollars combined single limit per occurrence of comprehensive general liability insurance from an insurance company with a Standard & Poor's rating of at least "BB"; (b) if an Aggregate Policy, the combined limit must be at least four million dollars; (c) name the CITY of Tucson as additional insured by endorsement; and (d) specify the dates inclusive of the use requested. IX. WORKERS COMPENSATION Each party shall comply with notice requirements of A.R.S. §23-1022. For Purposes of A.R.S. §23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employee. X. PERSONAL PROPERTY CITY assumes no responsibility whatsoever for any property placed by USER at the SALETC facility. USER expressly releases and discharges the CITY from any and all liabilities for any loss, injury or damages to USER's property which may or do arise out of or may be related to the use of the SALETC facility under this agreement. Further, the CITY assumes no responsibility for personal items, equipment or other items that remain at the SALETC facility. XI. NON-DISCRIMINATION The parties shall not discriminate against any employee applicant for employment, client or any other individual in any way involved with the parties, because of race, age, creed, color, religion, sex, disability or national origin or sexual orientation in the course of carrying out duties pursuant to this agreement in violation of Federal Executive Order 11246, State Executive Order No. 99-4 and A.R.S. §41.1461 et. seq. which are incorporated into this agreement by reference as if set forth in full. XII. COMPLIANCE WITH AMERICAN WITH DISABILITIES ACT The parties shall comply with all applicable provisions of the Americans with Disabilities Act and all applicable federal regulations under the Act. XIII. NOTICES Any notice required or permitted to ben under this agreement shall be in writing and provided to the other party as outlined herein. Notice is considered received upon date of delivery. If to USER: If to Tucson: "ieN R ►tri•- (Name) Chief of Police C"Lti- C VD('CC- (Title) Tucson Police Dept. Row_ you c e 96r- (Address) 270 S. Stone Ave. Avl QC'e Tucson, AZ 85701 or to such other address or designee as each party shall so notify the others. XIV. ASSIGNMENT USER may not assign or transfer the authorized use under this agreement without the written consent of the CITY. XV. JURISDICTION Nothing in this agreement shall be construed as either limiting or extending the statutory jurisdiction of either of the signing parties hereto. The laws of the State of Arizona shall govern the rights of the parties, the performance of this agreement and any disputes hereunder. Any action related to this agreement shall be brought in an Arizona court of competent jurisdiction. XVI. ENTIRE AGREEMENT This document constitutes the entire agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment signed by the parties. The parties further agree that no oral statement or representations of any kind have been made upon which either party may rely. This provision does not limit the CITY from imposing any reasonable additional rules or regulations that may be necessary for the implementation of this agreement or that would be in the best interests of the operation of SALETC. XVII. SEVERABILITY If any provision of the agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. XVIII.EMPLOYMENT AND ORGANIZATION DISCLAIMER This agreement is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership or formal business association or organization of any kind among the parties, and the rights and obligations of the parties shall be only those expressly set forth in this Agreement. XIX. AUTHORITY The individual signing below on behalf of the USER certifies that the individual is authorized to enter into this agreement and to bind the USER to all of its terms and conditions. For he CITY OF T CSON: L Ltd"' i.... i r 4 0 f 4 ,,,lir, AA / A>i„.... 1 • MOP M.I,or, City of Tucson City A torney, City of Tucson Jo athan Rothschild June 18, 2019 6/3/ / el Date Date 2 OOP OP L:2) June 18, 2019 .. Tucson City Clerk Date Roger W. Randolph For the USER: Print Name: Print Name: Title: Title: (Second signature if required by USER) Date Date Attest END OF AGREEMENT By • ••••••••.•••••••=••=1••••••••••1•1•1114••••••••••=41•••••••=111•11i.