HomeMy WebLinkAboutResolution 2021-061 Authorizing to Excute a MOA between the City of Tucson and MPD for administering the Pima 9-1-1 System Billing and Payment Process MARANA RESOLUTION NO. 2021-061
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING
THE POLICE CHIEF TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF TUCSON,ACTING AS THE SYSTEM ADMINISTRATOR FOR
THE PIMA COUNTY 9-1-1 PLANNING COMMITTEE AND MARANA POLICE
DEPARTMENT FOR ADMINISTERING THE PIMA 9-1-1 SYSTEM BILLING AND
PAYMENT PROCESS
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 Tucson
Police Department's Public Safety Communication Department; and
WHEREAS GFR requires the City of Tucson, as Pima 9-1-1 System Administrator,
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 MOU with the City of Tucson regarding the relationship and
Resolution No. 2021-061 - 1 -
responsibilities necessary for administering the Pima 9-1-1 system billing and payment
process.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The Memorandum of Understanding between the City of Tucson,
acting as the System Administrator for the Pima County 9-1-1 Planning Committee, and
the Marana Police Department for administering the Pima 9-1-1 system billing and
payment process attached to and incorporated by this reference in this resolution as
Exhibit A is hereby approved, and the Police Chief is hereby authorized and directed to
execute it for and on behalf of the Town of Marana.
SECTION 2. The Town'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 MOU.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 4th day of May, 2021.
Mayor Ed Honea
ATTES APPROVED AS TO FORM:
Cherry L. Law.on, Town Clerk Jane `.irall, Town Attorney
f
MARANA AZ
ESTABLISHED 1977
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and
between the City of Tucson, an Arizona municipal corporation, by and through the Public Safety
Communications Department(PSCD)of the City of Tucson, 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 Marana Police Department (referred to as Local Agency), an Arizona municipal
corporation by and through the Town of Marana for administering the Pima 9-1-1 system
billing and payment process. The PSCD 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.RS § 41-704 and is funded through the telecommunication
service excise tax established by A.RS § 42-5252 and the prepaid wireless telecommunications
E911 excise tax established by A.RS §42-5402.
B. 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 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. Public and private safety agencies in Pima County have established the Pima County 9-1-
1 Committee (or "Pima9-1-1").
E. The current 9-1-1 System Administrator is an employee of the PSCD of the City of Tucson.
F. The City of Tucson 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 PSCD to pay Arizona 9-1-1 Grant Program budgeted expenses for Pima 9-1-1 PSAPs.
G. PSCD and Local Agency are both PSAPs and members of the Pima County 9-1-1
Committee.
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.
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AGREEMENT
Now, THEREFORE, 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 PSCD,acting as the Pima 9-1-1 System Administrator.
2. MUTUALOBLIGATIONS
A. Local Agency agrees to promptly provide any and all 9-1-1 system bill- related
documents and information to PSCD upon PSCD's request.
B. PSCD agrees to:
(i) Review each 9-1-1 system invoice provided by vendors for each Local
Agency in the Pima 9-1-1;
(ii) Provide GFR with the necessary invoice information;
(iii) Receive the bill-payment funds in form of reimbursement from GFR and
pay the respective Pima 9-1-1 system vendors;and
(iv) At Local Agency's request, timely provide bill-payment documentation to
Local Agency.
C. At PSCD's direction, the Parties agree to make any procedural adjustments
appropriate and necessary to effectuate the procedures and guidelines provided by GFR.
Any substantive changes will be commemorated in a written amendment signed by both
parties and attached to this MOU.
D. Local Agency acknowledges and agrees that PSCD 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 PSCD with bill-payment funds for Local Agency's 9-1-1 system
invoices and expenses, Local Agency, and not PSCD or the City of Tucson, 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. PSCD and Local Agency shall maintain open communications to ensure the agreed
upon procedure is maintained throughout the term of this MOU.
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 five 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 Party may terminate this MOU at any time,
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with or without cause, upon 60 days' prior written notice to the other Party. In the
event of termination or cancellation of this MOU, the Parties agree to cooperate to
avoid any interruption of 9-1-1 services to the maximum extent possible.
B. This MOU shall automatically terminate if either of the following occur:
PSCD ceases to serve in the capacity of Pima 9-1-1 System Administrator.
Local Agency ceases to function as a PSAP within the Pima County 9-1-1
Committee.
5. SUPERVISION. PSCD shall have sole supervisory authority over PSCD personnel. Local
Agency shall have sole supervisory authority over Local Agency personnel.
6. INDEMNIFICATION AND JOINT 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) (hereinafter collectively 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.
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: Marana Police Department
ATTN: Captain Roberto Jimenez
11555 W Civic Center Loop
Marana, AZ 85653
If to PSCD: City of Tucson—PSCD
9-1-1 System Administrator
4004 S Park Ave BLDG#2
Tucson, Arizona 85714
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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 thisSection.
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 bothParties.
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 with Applicable Laws. 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.
E. Conflict of Interest. The Parties understand and acknowledge the provisions of
A.RS. § 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 Party shall be considered to be in default in the
performance of any obligations under this MOU (other than obligations of a Party to pay
costs and expenses) if failure of performance is due to an uncontrollable event. The term
"uncontrollable event" means any cause beyond the control of the Party affected, including
but not limited to flood, earthquake, storm, fire, epidemic, war, riot, civil disturbance or
disobedience, labor dispute, and action or non-action by or failure to obtain the necessary
authorizations or approvals from any governmental agency or authority or the electorate,
labor or material shortage, sabotage and restraint by court order or public authority, that by
exercise of due diligence and foresight the Party reasonably could not have been expected
to avoid and that by exercise of due diligence it will be unable to overcome. A Party that is
rendered unable to fulfill any obligation by reason of an uncontrollable event shall exercise
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due diligence to remove such inability with all reasonable dispatch.
I. Assignment. Neither Party may assign its rights or obligations under this MOU to
another entity.
J. Entire MOU. 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 Law. 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.
L. Severability. 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 Laws. 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 with Civil Rights. The Parties agree to comply with A.RS. 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.
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Q. Recitals Incorporated. The Parties 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, OT 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, 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-Verify Laws. To the extent applicable under A.RS. §§ 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.RS.
§ 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 shall comply with the notice of A.RS.§ 23-
1022(E). For purposes of A.RS. § 23-1022, each Party shall be considered the primary
employer of all personnel currently or hereafter employed by that Party, irrespective of
the operations of protocol in place, and said Party shall have the sole responsibility for the
payment of Workers' Compensation benefits or other fringe benefits of said employees.
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V. Arbitration. To the extent required by A.RS. §§ 12-1518(B) and 12-133,the Parties
agree to resolve any dispute arising out of this MOU by arbitration.
IN WITNESS WHEREOF, the Parties THE Town of Marana, an Arizona
hereto have executed this MOU as of the municipal corporation, by and through the
last date set forth below their respective Marana Police Department
signatures.
THE City of Tucson, an Arizona municipal
corporation, by and through the Public
Safety Communications Department By:
Reuben Nunez, Chief of Police
By:
Public Safety Communications Director
Date: Date:
ATTEST:
ATTEST:
City Clerk
Cherry Lawson, Town Clerk
Approved as to
form: Approved as to form:
Jane Fairall, Town Attorney
City Attorney
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