HomeMy WebLinkAboutResolution 2019-080 Approving the Arizona 9-1-1 Grant AgreementMARANA RESOLUTION NO. 2019-080
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE GRANT AGREEMENT NUMBER GFR-AZ911-
20-012 BETWEEN THE STATE OF ARIZONA, ACTING THROUGH THE ARIZONA
DEPARTMENT OF ADMINISTRATION, OFFICE OF GRANTS AND FEDERAL
RESOURCES (GFR) AND THE TOWN OF MARANA, ACTING AS SYSTEM
ADMINISTRATOR FOR THE PIMA COUNTY 9-1-1 SYSTEM, FOR GRANT FUNDING
FOR THE ARIZONA 9-1-1 GRANT PROGRAM; APPROVING A FORM OF
MEMORANDUM OF UNDERSTANDING (MOU) REGARDING THE PAYMENT OF
ARIZONA 9-1-1 GRANT PROGRAM BUDGETED EXPENSES FOR PIMA COUNTY
9-1-1 SYSTEM PUBLIC SAFETY ANSWERING POINTS (PSAPS); AND
AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO THE MOU WITH THE
OTHER ELIGIBLE PIMA COUNTY 9-1-1 SYSTEM PSAPS
WHEREAS Executive Order 2013-09 authorizes the Arizona Department of
Administration, Office of Grants and Federal Resources (GFR) to establish partnerships
and working relationships with private and local government entities to enhance
Arizona's ability to procure and manage grants; and
WHEREAS the Arizona 9-1-1 Grant Program is designed to assist Public Safety
Answering Points (PSAPs), in collaboration with regional and local jurisdictions,
perform activities related to implementation and operation of their respective
emergency telecommunication systems through distribution of funding per
A.R.S. § 41-704, which establishes the emergency telecommunication services revolving
fund ("9-1-1 Revolving Fund"); and
WHEREAS to qualify for funding from the 9-1-1 Revolving Fund, the public or
private safety agencies in a specific geographic area to be served must establish a 9-1-1
planning committee to develop and submit a service plan; as a part of the service plan, a
planning committee chairperson (also known as the 9-1-1 System Administrator) must
be named to provide all required administrative functions for the 9-1-1 planning
committee; and
WHEREAS several public and private safety agencies in Pima County, including
the Marana Police Department (MPD), have established the Pima County 9-1-1
Committee, and the current Pima 9-1-1 System Administrator is an employee of MPD;
and
WHEREAS GFR requires the Town of Marana, as Pima 9-1-1 System
Administrator, to enter into a grant agreement to receive funds for payment of
00065162.DOCX /1
Resolution No. 201.9-080 - 1 -
Pima 9-1-1 System expenses, and to enter into a Memorandum of Understanding
(MOU) with each PSAP in the Pima 9-1-1 System regarding each party's responsibilities
regarding payment of 9-1-1 System -related expenses; and
WHEREAS the Town Council finds that it is in the best interests of the
community to enter into a grant agreement with GFR to be eligible to receive the
awarded grant funds on behalf of the Pima 9-1-1 System, and to enter into an MOU
with each of the Pima 9-1-1 System PSAPs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The grant agreement between the Town of Marana, as Pima 9-1-1
System Administrator, and the State of Arizona by and through Arizona Department of
Administration, Office of Grants and Federal Resources (GFR), attached to and
incorporated by this reference in this resolution as Exhibit A is hereby approved, and
the Town Manager is hereby authorized and directed to execute it for and on behalf of
the Town of Marana.
SECTION 2. The sample Memorandum of Understanding (MOU) regarding the
payment of Arizona 9-1-1 Grant Program budgeted expenses for Pima County 9-1-1
System Public Safety Answering Points (PSAPs), in substantially the form attached to
and incorporated by this reference in this resolution as Exhibit B, is hereby approved,
and the Chief of Police is hereby authorized and directed to enter into the MOU with
the other Pima 9-1-1 System PSAPs and to execute it for and on behalf of the Town of
Marana.
SECTION 3. The Towri s Manager and staff are hereby directed and authorized
to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the grant agreement and the MOU with each PSAP.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 3rd day of September, 2019.
Mayor Ed Honea
ATTES/ APPROVEr AS TP FORM:
Cherry L. La son, Town Clerk Frank Cassidy, Town Att ney
Xsek
--�--��
MARANA A
00065162.DOCX /1 F S'[ A B i.. 1 5 H! LS 19 7 7
Resolution No. 2019-080 - 2 -
Exhibit B to Marana Resolution No. 2019-080
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and
between the TOWN OF MARANA, an Arizona municipal corporation, by and through the
Marana Police Department ("MPD"), acting as the System Administrator for the Pima
County 9-1-1 Planning Committee ("Pima County 9-1-1 Committee" or "Pima 9-1-1")
and [A NAME OF ENTITY], a[n] [^type of entity] by and through [A name of law
enforcement/ public safety agency] ("Local Agency") for administering the Pima 9-1-1
system billing and payment process. The MPD and the Local Agency are sometimes
referred to in this MOU individually as a "Party" and collectively as the "Parties."
RECITALS
A. The Emergency Telecommunication Service Revolving Fund (the "9-1-1
Revolving Fund") was established pursuant to A.R.S § 41-704 and is funded through
the telecommunication service excise tax established by A.R.S § 42-5252 and the prepaid
wireless telecommunications E911 excise tax established by A.R.S § 42-5402.
S. The Arizona 9-1-1 Grant Program is designed to assist Public Safety Answering
Points ("PSAPs"), in collaboration with regional and local jurisdictions, perform
activities related to implementation and operation of their respective emergency
telecommunication system using funds from the 9-1-1 Revolving Fund.
C. To qualify for funding from the 9-1-1 Revolving Fund, the public or private
safety agencies in a specific geographic area to be served must establish a 9-1-1 planning
committee to develop and submit a service plan; as a part of the service plan, a planning
committee chairperson (also known as the 9-1-1 System Administrator) must be named
to provide all required administrative functions for the 9-1-1 planning committee.
D. Several public and private safety agencies in Pima County have established the
Pima County 9-1-1 Committee (or "Pima 9-1-1").
E. The current Pima 9-1-1 System Administrator is an employee of MPD.
F. The Town of Marana has entered into a grant agreement with the state of
Arizona, by and through the Arizona Department of Administration ("ADOA"), Office
of Grants and Federal Resources ("GFR"), regarding the distribution of 9-1-1 Revolving
Fund monies for PSAPs in the Pima 9-1-1. Pursuant to the grant agreement, GFR
disburses monies from the 9-1-1 Revolving Fund to MPD to pay Arizona 9-1-1 Grant
Program budgeted expenses for Pima 9-1-1 PSAPs.
G. MPD and Local Agency are both PSAPs and members of the Pima County 9-1-1
Committee.
00064878. DOC/4
-1-
H. The Parties have reached an agreement on the relationship and responsibilities of
the Parties as necessary for administering the Pima 9-1-1 system billing and payment
process.
I. The Parties are authorized to perform the functions and activities provided in
this MOU.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing promises and the mutual
covenants set forth in this MOU, the Parties hereby agree as follows:
1. PURPOSE. The purpose of this MOU is to set forth the rights and responsibilities
of the Parties regarding the payment of Arizona 9-1-1 Grant Program budgeted
expenses for Local Agency by MPD, acting as the Pima 9-1-1 System Administrator.
2. MUTUAL OBLIGATIONS
A. Local Agency agrees to p
related documents and informati,
B. MPD agrees to:
(i) Review each
Local Agency in the
(ii) Provide GFR with
(iii) Receive the bill -p
Pima 9-1-1 system'vende
(iv) At
documeni
C. At MPD's
)ropriate and
GFR. Anv
to
ovide any and all 9-1-1 system bill -
upon. MPD's request.
ystem invoice provided by vendors for each
1-1;
a necessary invoice information;
nent funds from GFR and pay the respective
quest, timely provide bill -payment
iirection, the Parties agree to make any procedural adjustments
tecessary to effectuate the procedures and guidelines provided
;ubstantive changes will be commemorated in a written
d'by both parties and attached to this MOU.
D. Local Agency acknowledges and agrees that MPD makes no warranties or
guarantees regarding the availability of the aforementioned state funds or of the
timing and adequacy of state fund disbursements. Local Agency further
acknowledges and agrees that if GFR does not provide MPD with bill -payment
funds for Local Agency's 9-1-1 system invoices and expenses, Local Agency, and
not MPD, is responsible for payment of those invoices and expenses, including
any late fees.
E. The Parties agree to make, sign and deliver all documents and to perform
all acts that are necessary to fully carry out the terms of this MOU.
F. MPD and Local Agency shall maintain open communications to ensure
the agreed upon procedure is maintained throughout the term of this MOU.
00064878.DOC/4 - 2 -
Parties shall maintain open communication regarding scheduling and service
needs.
3. EFFECTIVE DATE AND DURATION. This MOU shall be effective as of the
signature date of the last Party to sign this MOU, and shall remain in effect for two
years, unless either Party provides 60 days' advance written notice of termination to the
other Party as set forth in Section 4 below. The Parties may renew this MOU for
additional two-year terms by the execution of a mutually agreed upon and signed
Amendment to this MOU.
4. TERMINATION.
A. To the extent permitted by law, either Par
any time, with or without cause, upon 60 C
other Party. In the event of termination or
Parties agree to cooperate to avoid any;intei
maximum extent possible.
B. This MOU shall au
i. MPD ceases to
ii. Local Agency
9-1-1 Commit
5. SUPERVISION. MPD shall have
Local Agency shall have sole sur
to
in the ca
nay terminate this MOU at
;' prior written notice to the
icellation of this MOU, the
ition of 9-1-1 services to the
!r of the following occur:
of Pima 9-1-1 System
as a PSAP within the Pima County
supervisory authority over MPD personnel.
uthority over Local Agency personnel.
6. INDEMNIFICATION AND TOINT DEFENSE. To the maximum extent permitted
by law, each Party (as "Indemnitor") agrees to indemnify, defend and hold harmless the
other Party, its officers, officials, agents, employees, or volunteers from and against any
and all claims, losses, liability, costs or expenses (including reasonable attorney's fees)
(hereinaftercollectively referred to as "Claims") arising out of actions taken in
performance of this MOU to the extent that such Claims are caused by the acts,
omissions, negligence, misconduct, or other fault of the Indemnitor, its officers, officials,
agents, employees, or volunteers. If a Claim or Claims by third parties becomes subject
to this section, the governmental parties to this MOU that are the subject of the Claim or
Claims shall expeditiously meet to agree upon a common and mutual defense pursuant
to the subsection below, including proportionate liability and proportionate payment of
litigation fees, expenses and damages.
The Parties, when involved in a Claim or Claims brought by a third -party, have a
common interest in a coordinated defense in any lawsuit. In the absence of a conflict,
the Parties agree to have one lawyer jointly represent the defendants in the lawsuit. The
Parties agree to abide by the Memorandum of Understanding Regarding Joint Defense
("MOU") between the Arizona Counties Insurance Pool ("ACIP") and the Arizona
Municipal Risk Retention Pool ("AMRRP"). Each Party acknowledges that it has
received a copy of the MOU from either ACIP or AMRRP.
00064878.DOC/4 - 3 -
The obligations under this section shall survive the termination of this MOU.
7. GENERAL
A. Notice. Any notice, consent or other communication ("Notice") required
or permitted under this MOU shall be in writing and either delivered in person,
sent by facsimile transmission, deposited in the United States mail, return receipt
requested, or deposited with any commercial air courier or express service
addressed as follows:
If to Local Agency:
Name
Title
Street/ Box Address
City, State, ZIP
9-1-1 Svstem Adminisl
11555 W. Civi
ator
ent
)rive
Notice shall be deemed received at the time it is personally served, on the day
it is sent by facsimile transmission, on the second day after its deposit with any
commercial air courier or express service or, if mailed, five days after the notice
is deposited in the United States mail as above provided. Any time period stated
in a notice shall be computed from the time the notice is deemed received. Either
party may change any portion of its notice information provided above by
notifying the other party of the;change in writing as provided in this Section.
Notices sent by facsimile transmission shall also be deposited in the United
States mail to the recipient at the above address on the same day the facsimile
transmission is sent. This requirement for duplicate notice is not intended to
change the effective date of the notice sent by facsimile transmission.
B. Amendment. This MOU may be amended only by a written document
executed by duly authorized representatives of both Parties.
C. Third Parties. This MOU is entered into for the sole and exclusive benefit of
the Parties, and no other person shall claim any implied right, benefit or interest
in this MOU. The Parties do not intend to create rights in or remedies to any
third party as a beneficiary of this MOU or of any duty, obligation, or
undertaking established under this MOU.
D. Compliance v4t12 Applicable Lazus. Each Party shall comply with all
applicable laws, statutes, ordinances, executive orders, rules, regulations,
standards, and codes of federal and state governments whether or not
specifically referred to in this MOU.
00064878. DOC /4 - 4 -
E. Conflict of Interest. The Parties understand and acknowledge the
provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts
of interest shall apply to this MOU.
F. Dispute Resolution. If a complaint, dispute or controversy arises out of or
relates to this MOU, and if the dispute cannot be settled through negotiation
within 60 days, the Parties agree first to try in good faith to resolve the dispute
by mediation before resorting to litigation. The Parties shall mutually agree upon
a mediator. Each party agrees to bear its own costs of mediation, and to split the
mediator fee. If mediation fails, any claim or action arising out of this MOU shall
be brought in the Pima County Superior Court in Tucson, Arizona.
G. Waiver. The waiver by any Party of any breach of any term, covenant or
condition of this MOU shall not be deemed a waiver of such term, covenant or
condition or any subsequent breach of the same or any other term, covenant or
condition of this MOU.
H. Uncontrollable Events. No F
performance of any obligations;
Party to pay costs and expen
uncontrollable event. The term "
the control of the Party affected,
storm, fire, epidemic, war, riot, c
and action or non -action by or ft
approvals from any governments
material shortage, sabotage and Y
by exercise of due diligence and
been expected to avoid and that 1
overcome. A Party that is
an uncontrollable event shi
all reasonable dispatch.
shall be considered to be in default in the
ler this MOU (other than obligations of a
if failure of performance is due to an
)ntrollable event" means any cause beyond
zding but not limited to flood, earthquake,
listurbance or disobedience, labor dispute,
e to obtain the necessary authorizations or
ency, or authority or the electorate, labor or
Pint by court order or public authority, that
?sight the Party reasonably could not have
xercise of due diligence it will be unable to
enable to fulfill any obligation by reason of
due diligence to remove such inability with
I. Assignment. Neither Party may assign its rights or obligations under this
J. Entire MDU. This MOU represents the entire MOU between the Parties
and supersedes all prior negotiations, representations or MOUs, either expressed
or implied, written or oral. It is mutually understood and agreed that no
alteration or variation of the terms and conditions of this MOU shall be valid
unless made in writing and signed by the Parties.
K. Governing Laze. This MOU shall be governed by and construed in
accordance with the laws of the State of Arizona applicable to contracts executed
and intended to be performed entirely within the State of Arizona by residents of
the State of Arizona. Any action at law, suit in equity or judicial proceeding for
the enforcement of this MOU or any provision therefore shall be instituted only
in the courts of Pima County, Arizona.
00064878. DOC /4 - 5 -
L. Severabilihj. If any part, term or provision of this MOU shall be held illegal,
unenforceable or in conflict with any law, the validity of the remaining portions
and provisions hereof shall not be affected.
M. Headings. Section headings are inserted in this MOU solely for
convenience and the section headings shall not by themselves alter, modify,
limit, expand or otherwise affect the meaning of any provision of this MOU.
N. Counterparts. This MOU may be signed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same instrument.
O. Other Duties Imposed by Laza. Nothing in this MOU shall be construed as
relieving the involved public agencies of any obligation or responsibility
imposed on it by law.
P. Compliance zaith Civil Rights. The Parties agree to comply with A.R.S. Title
41, Chapter 9 (Civil Rights), Arizona Executive Orders 75-5 and 99-4 and any
other federal or state laws relating to equal opportunity and non-discrimination,
including the Americans with Disabilities Act.
Q. Recitals Incorporated. The Parkes acknowledge that the Recitals to this
MOU are true, accurate and correct, and are hereby incorporated into and made
a part of the operative provisions of this MOU as if fully set forth therein without
difference or distinction.
R. Joint Venture. It is not intended by this MOU to, and nothing contained in
this MOU shall be construed to, create any partnership, joint venture or
employment relationship between the Parties or create any employer-employee
relationship between the Parties' employees. Neither Party shall be liable for any
debts, accounts, obligations or other liabilities whatsoever of the other Party,
including, but without limitation,;: the other Party's obligation to withhold Social
Security and income taxes for itself or any of its employees.
Each Party shall act in its individual capacity and not as an agent, employee,
partner, joint -venturer, associate, or any other representative capacity of the
other party. Each Party shall be solely and entirely responsible for its acts or acts
of its agents and 'employees during the performance of this MOU. This MOU
shall not be -construed to imply authority to perform any tasks, or accept any
responsibility, not expressly set forth herein. This MOU shall be strictly
construed against the creation of a duty or responsibility unless the
intention to do so is clearly and unambiguously set forth herein. Nothing
contained in this MOU confers any right to any person or entity not a party to
this MOU
S. Supervision. No employee, agent, or servant of a Party shall be deemed to
be an employee, agent or servant of the other Party. Each Party will be solely
and entirely responsible for its acts and the acts of its employees, agents,
00064878.Doc/4 -6-
servants, subcontractors, and volunteers during the performance of this MOU.
Each Party will have total responsibility for all salaries, wages, bonuses,
retirement withholdings, workers' compensation, occupational disease
compensation, unemployment compensation, other employment compensation,
other employee benefits, and all employer's taxes and premiums concerning the
persons who are supplied by that Party in the performance of this MOU, and
each Party agrees to hold the other Party harmless from any liability thereof.
T. E-Verifi/ Lazus. To the extent applicable under A.R.S. §§ 41-4401 and 23-214,
the Parties represent and warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E -
verify requirements of A.R.S. § 23-214(A). Breach of the above-mentioned
warranty shall be deemed a material breach of the MOU and may result in the
termination of the other Party.
U. Workers' Compensation. Each Party sh;
A.R.S. § 23-1022(E). For purposes of A.R.S.
considered the primary employer of all p
employed by that Party, irrespective of the op
said Party shall have the sole responsibilit
Compensation benefits or other fringe benefits C
V. Arbitration. To the extent requires
Parties agree to resolve any dispute arisi
[SIGNATURE PAGE FOLLOWS]
00064878. DOC /4 - 7 -
.11 comply ;with the notice of
3' ,23-1022, each Party shall be
�rsonnel currently or hereafter
rations of protocol in place, and
for the payment of Workers'
E said employees.
:.S. §§ 12-1518(B) and 12-133, the
,f this MOU by arbitration.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the last date
set forth below their respective signatures.
THE TOWN OF MARANA, an Arizona
municipal corporation, by and through
the Marana Police Department
Terry Rozema, Chief of Police
Date:
ATTEST:
Cherry Lawson, Town Clerk
Approved as to form:
[A NAME OF ENTITY], [A type of entity]
[^Name],<,[^,Title]
Approved as to form:
Town Attorney [^Name], [A Title]
00064878.DOC /4 - 8 -