Loading...
HomeMy WebLinkAboutResolution 2021-029 Approving to Execute the IGA Regarding GIITEM Between TOM Police Department and the State of AZ Through AZDPS MARANA RESOLUTION NO. 2021-029 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT RE- GARDING GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION(GIITEM)STATE GANG TASK FORCE BETWEEN THE TOWN OF MARANA POLICE DEPARTMENT AND THE STATE OF ARIZONA THROUGH ITS DEPART- MENT OF PUBLIC SAFETY (AZDPS) WHEREAS GIITEM is a statewide multi-agency task force led by the AZDPS Gang Enforcement Bureau; and WHEREAS the mission of GIITEM is, in collaboration with citizens, partnered agencies and intelligence resources, to suppress criminal gangs and transnational crime; and WHEREAS the Town of Marana, through its Police Department, seeks to partici- pate in GIITEM and to receive financial assistance; 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 regarding Gang and Immigration Intelligence Team Enforcement Mission between the Arizona De- partment of Public Safety and the 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 task force agreement. 00074609.DOCX/1 Resolution No.2021-029 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 16th day of March, 2021. 7A0 Mayor Ed Honea ATT _ APPROVED AS TO FORM: A_.-4".410111,P-',/of 11111 -e erry Lawson, Town Clerk Ja airall, own Attorney MARANA AZ ESTABLISHED 1977 00074609.DOCX/1 Resolution No.2021-029 EXHIBIT A DPS CONTRACT NO: INTERGOVERNMENTAL AGREEMENT REGARDING GANG & IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION (GIITEM) STATE GANG TASK FORCE This Intergovernmental Agreement ('IGA') is 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 shall be to enhance law enforcement services concerning the criminal activities of street gangs,through the cooperative efforts of the parties to this IGA. 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 to this Agreement hereby agree to the following terms and conditions: I. PARTICIPATION The Agency agrees to assign up to two (2) AZ P.O.S.T. certified sworn law enforcement officers, herein referred to as "officer(s)", to DPS and its Gang & Immigration Intelligence Team Enforcement Mission, hereinafter referred to as "GIITEM," on a full-time basis for such assignments within the purposes of this IGA, as directed by DPS. The Agency agrees the assigned officer(s) shall be in compliance with DPS residency requirements. During this period of assignment, the Agency and DPS agree to allow said officer(s) to maintain all benefits, rights, and privileges available to said officer(s) as if they were assigned on a full-time basis to the Agency. The assigned officer(s) must abide by all of the applicable rules and regulations of the Agency and are subject to its disciplinary process. The Agency agrees to enter into a Memorandum of Understanding (MOU) with the DPS relative to the connection and operation of the Arizona GangNet system. II. REIMBURSEMENT DPS agrees to reimburse the Agency on a monthly basis (based upon DPS weekly time sheets completed by the officer(s)) for seventy-five (75%) percent of payroll expenses of the officer(s) related to this assignment, including salary, shift pay, benefits (which accrue during the term of the IGA) and employee-related expenses to include employer's workman's compensation and social security at established rates, vacation and sick leave taken while working GIITEM. DPS will reimburse all overtime compensation (based upon DPS rules). There must be a minimum of 40 hours GIITEM related work in order for DPS to reimburse for overtime in any given week. Overtime compensation will be for GIITEM related activities only. Monthly vacation or sick leave which accrues, but not used by the officer(s), will not be reimbursed. The Agency will pay twenty- five (25%) percent of payroll related expenses. All personnel costs, including shift pay, will be based on a standard forty (40) hour work week, with the understanding the forty (40) hour work week may be altered to address the needs of DPS as it relates to an on-going investigation or special assignment request dictated by the needs of a requesting city, county, or entity. 00074610.DOC/1 Intergovernmental Agreement-GIITEM DPS Contract No. Arizona Department of Public Safety/Marana Police Department Prior to the officer(s) reporting to GIITEM, the Agency agrees to furnish DPS with the following information: officer(s)'s annual, bi-weekly and hourly rates of base pay and fringe benefits, as well as, the overtime rate based upon the assumption outlined above. DPS is not obligated to reimburse the Agency for salary raises or modifications to base salaries, unless the Agency submits such modification to DPS at least 60 days prior to the effective date of such modification. All approved travel expenses will be reimbursed directly to the officer(s) by DPS under employee travel reimbursement guidelines established by the Arizona Department of Administration. The amount reimbursed for the aforementioned expenditures shall be for actual costs incurred during the effective dates of this IGA. DPS agrees to assign a Department vehicle to the Agency's officer(s). The officer(s) is responsible for maintaining the assigned vehicle in accordance with DPS policy and will utilize the DPS assigned vehicle for GIITEM purposes only. The officer(s) must meet the ADOA Driver's Training Requirements. III. IMMIGRATION All parties agree to comply with A.R.S. §§23-214 and 41-4401. 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 (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, agents, employees, or volunteers. VI. DRUG FREE WORKPLACE Any officer(s) assigned to GIITEM will be subject to random and/or for cause, drug and alcohol testing in accordance with his/her Agency's guidelines. If the Agency does not have a drug free program, the officer(s) will be required to submit to testing pursuant to the DPS Drug Free Workplace Program. Each assigned officer(s) shall be subject 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(s) who undergoes testing. Officers may be removed from GIITEM for failure to comply with the program or for failure to pass DPS drug screening requirements. VII. E-VERIFY Both parties acknowledge that immigration laws require them to register and participate with the E- Verify program and agree to comply with A.R.S. § 23-214, subsection A. 000746Io.Doc/lPage 2 of 5 January 2021 Intergovernmental Agreement-GIITEM DPS Contract No. Arizona Department of Public Safety/Marana Police Department A breach of a warranty under paragraph 1 shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract. Failure to comply with State audit process to randomly verify the employment records of contractors and subcontractors shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract. DPS retains the legal right to inspect the papers of any employee who works on the contract to ensure compliance with the warranty under paragraph 1. VIII. RECORDKEEPING All records regarding the IGA, including officer's time accounting logs, must be retained for five (5) years in compliance with A.R.S. §35-214, Entitled Inspection and Audit of Contract Provisions. IX. FEES In no event shall either party charge the other for any administrative fees for any work performed pursuant to the IGA. X. JURISDICTION The Agency agrees to permit their officer(s) to work outside of their regular jurisdictional boundaries. XI. 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. XII. WORKER'S COMPENSATION BENEFITS Pursuant to A.R.S. §23-1022 D., for the purposes of Worker's Compensation coverage, the Agency officer(s) covered by the IGA shall be deemed to be an employee of both agencies. The Agency, as the primary employer, shall be solely liable for payment of Worker's Compensation Benefits and the processing of any potential claims occurring during the officer(s)'s assignment to GIITEM. XIII. LIMITATIONS This agreement in no way restricts either party from participating in similar activities with other public or private agencies, organizations, and individuals. Nothing in this agreement shall be construed as limiting or expanding the statutory responsibilities of the parties. XIV. EFFECTIVE DATE/DURATION The terms of this agreement shall become effective upon the date the last signature is obtained. The duration of this IGA shall be the fiscal year, July 1st through June 30th, and shall renew annually on July 1st for a period of time not to exceed five (5) years. Annual renewal shall be contingent upon legislative allocated budget approval for the applicable fiscal year. If funds are not allocated to support this agreement, DPS will provide written notice to the Agency notifying them of termination of funding and cancellation of the IGA. 0007461o.DOC/lPage 3 of 5 January 2021 Intergovernmental Agreement-GIITEM DPS Contract No. Arizona Department of Public Safety/Marana Police Department All prior agreements between DPS and the Agency regarding GIITEM gang enforcement participation are cancelled as of the effective date of this IGA. XV. 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. XVI. CANCELLATION All parties are hereby put on notice that this IGA is subject to cancellation by the Governor for conflicts of interest pursuant to A.R.S. §38-511. XVII. TERMINATION Either party may terminate the IGA for convenience or cause upon thirty (30) days written notice to the other party. Upon termination, DPS shall pay all outstanding amounts up through the time upon which the termination becomes effective. All property shall be returned to the owning party upon termination. Any notice required to be given under the IGA will be provided by mail to: GIITEM Commander Chief Ruben Nunez Arizona Department of Public Safety Marana Police Department P. 0. Box 6638, Mail Drop 3700 11555 W. Civic Center Dr Phoenix, Arizona 85005-6638 Marana, Arizona 85653 XVIII. VALIDITY This document contains the entire agreement between the parties and may not be modified, amended, altered or extended except through a written amendment signed by both parties. If any portion of this agreement is held to be invalid, the remaining provisions shall not be affected. The parties hereto have caused this IGA to be executed by the proper officers and officials. [Signatures on next page] 0007461o.DOC/lPage 4 of 5 January 2021 Intergovernmental Agreement-GIITEM DPS Contract No. Arizona Department of Public Safety/Marana Police Department STATE OF ARIZONA BY: DATE: Colonel Heston Silbert, Director Arizona Department of Public Safety APPROVED AS TO FORM: DATE: Assistant Attorney General MARANA POLICE DEPARTMENT BY: DATE: Chief Ruben Nunez, Chief of Police Marana Police Department TOWN OF MARANA ATTEST: APPROVED AS TO FORM: Terry Rozema, Town Manager Jane Fairall, Town Attorney 0007461o.DOC/lPage 5 of 5 January 2021