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HomeMy WebLinkAboutResolution 2021-124 Approving and Authorizing the Chief of Police to execute the Intergovernmental Agreement Regarding Gang and Immigration Intelligence Team Enforcement MissionMARANA RESOLUTION NO. 2021-124 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); RESCINDING RESOLUTION NO. 2021-029 WHEREAS the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) is a statewide multi -agency task force led by the Arizona Department of Public Safety (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 reimbursement from AZDPS for its participation; and WHEREAS on March 16, 2021, the Town Council adopted Resolution No. 2021- 029 approving and authorizing the Chief of Police to execute an Intergovernmental Agreement Regarding GIITEM State Gang Task Force between the Town of Marana Po- lice Department and the State of Arizona through the AZDPS (the "GIITEM IGA" or "IGA"); and WHEREAS subsequent to the Town Council's approval of the GIITEM IGA, the State of Arizona revised the IGA and requested that the Town execute this revised ver- sion of the IGA; and WHEREAS A.R.S. §11-952 authorizes the Town to enter into this intergovernmen- tal agreement; 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 - I - Resolution No. 2021-124 00077017.DOCX /3 Gang and Immigration Intelligence Team Enforcement Mission between the Arizona De- partment of Public Safety and the Marana Police Department, attached to and incorpo- rated within this resolution as Exhibit A, authorizing the Chief of Police to execute it for and on behalf of the Town of Marana, and rescinding Resolution No. 2021-029 approving a previous version of the GIITEM IGA. 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, Ar- izona, this 7th day of September 2021. ,y Mayor Ed Honea ATT ST - Cherry L. La son, Town Clerk Resolution No. 2021-124 APP Jan irall, Town Attorney A.A,NA AZ ESTABLISHED 1977 -2- 00077017.DOCX /3 DPS CONTRACT NO: a0(3 -t u� S INTERGOVERNMENTAL AGREEMENT REGARDING GANG & IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION (GIITEM) STATE GANG TASK FORCE This Intergovernmental Agreement ("IGA"'), which becomes effective on the date last signed, is entered into between the State of Arizona through its Department of Public Safety ("DPS"), and the Marana Police Department ("Agency"). The purpose of this Agreement is to enhance law enforcement services concerning the criminal activities of street gangs through the cooperative efforts of the parties. DPS is authorized 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. In consideration of the mutual promises set forth herein, the parties to this Agreement 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") to DPS's Gang & Immigration Intelligence Team Enforcement Mission, ("GIITEM") on a full-time basis for the suppression of gang activity and enforcement of gang -related crimes, as directed by DPS. The Agency agrees the assigned officer(s) shall be in compliance with DPS residency requirements. During the term of the IGA, Agency and DPS agree that Agency shall continue to provide officers with all employment-related benefits, rights, and privileges. The officers must abide by all of Agency's applicable rules and regulations and are subject to Agency's disciplinary process. II. DPS'S RESPONSIBILITIES Based upon the officers' completed DPS weekly time sheets, DPS will reimburse Agency on a monthly basis for seventy-five (75%) percent of personal services and employee -related expenses that accrue during the term of the IGA. Personal services and employee -related expenses aredefined as gross pay, FICA taxes, health, dental, and life insurance, workers compensation, retirement, overtime, and sick, vacation, and personal leave. Vacation and sick leave that accruesbut is not used will not be reimbursed. Overtime compensation will be for GIITEM-related activities only. DPS will reimburse all overtime compensation (based upon DPS rules, not to exceed 20 hours per month). An officer must perform a minimum of 40 hours of GIITEM-related work for DPS to reimburse for overtime in any given week. The 20 hours of overtime per month may be exceeded without contacting Agency if DPS determines that additional funding is available, and the overtime is authorized by the respective district commander. All DPS -approved travel expenses will be reimbursed directly to the officers by DPS under the employee travel reimbursement guidelines established by the Arizona Department of Administration. The amount reimbursed for travel expenses shall be for actual costs incurred duringthe effective dates of this IGA. DPS agrees to assign a department vehicle to Agency officers. Officers are responsible for maintaining the assigned vehicle in accordance with DPS policy and shall utilize the DPS assigned vehicle for GIITEM purposes only. Officers must meet the ADOA driver training requirements. Any other equipment assigned to officers for use during the assignment shall remain the property of the party that assigned the equipment. III. AGENCY'S RESPONSIBILITIES Prior to the officer(s) commencing work at DPS/GIITEM, Agency shall furnish DPS with the information necessary for DPS to pay personal services and employee -related expenses as defined in paragraph II. Agency will pay the remaining twenty-five (25%) percent of the personal services and employee -related expenses. DPS will not reimburse Agency for salary increases or changes to base salaries, unless Agency submits the changes to DPS at least 60 days prior to the effective date of the change. IV. IMMIGRATION All parties agree to comply with A.R.S. §§ 23-214 and 41-4401. V. NONDISCRIMINATION All parties agree to comply with the non-discrimination provisions of the Governor's Executive Order 2009-09. VI. 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. VII. DRUG FREE WORKPLACE Any officers assigned to GIITEM will be subject to random and/or for cause, drug and alcohol testing in accordance with Agency's guidelines. If Agency does not have a drug free program, officers will be required to submit to testing pursuant to the DPS Drug Free Workplace Program. Each assigned officer 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 Agency for officers who undergoes testing. Officers may be removed from GIITEM for failure to comply with the program or failure to pass DPS drugscreening requirements. VIII. RECORDKEEPING All records regarding the IGA, including time accounting logs, must be retained for five (5) years in compliance with A.R.S. § 35-214. IX. FEES Neither party may charge the other for administrative fees for any work performed pursuant to the IGA. Page 2 of 4 April 2021 X. JURISDICTION Agency agrees to permit officers 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 workers compensation coverage, Agency officers shall be deemed to be employees of DPS and Agency. Agency, as the primary employer, shall be solely liable for payment of workers compensation benefits and the processing of any claims occurring during the officer'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 on the date last signed and shall remain in effect until June 30, 2022. The IGA shall renew annually on July 1 of each year for a period not to exceed four (4) years. All prior agreements between DPS and Agency regarding GIITEM gang enforcement participation are superseded 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 This IGA is subject to cancellation 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 effective date of the termination. All property shall be returned to the owning party upon termination. XVIII. NOTICE Any notice required to be given under the IGA will be provided by mail to: GIITEM Commander Chief of Police Arizona Department of Public Safety Marana Police Department P.O. Box 6638, Mail Drop 3700 11555 West Civic Center Drive Phoenix, AZ 85005 Marana, AZ 85653 Page 3 of 4 April 2021 XIX. 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. STATE OF ARIZONA By t. Colonel Ken Hunter, Deputy Director Date: �/2 % APPROVED AS TO FORM Assistant Attorney General OT R AGENCY By 1 6 -"�- Chief uben Nuke Date: 9 A Z APPROVED AS TO FORM Ci / ounty At6mey Page 4 of 4 April 2021