HomeMy WebLinkAboutResolution 2021-139 Approving and Authorizing the Chief of Police to Execute an IGA between The State of Arizona DPS and TOM Regarding the Administration Funding and Operation of the Arizona Vehicle Theft Task Force MARANA RESOLUTION NO. 2021-139
RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BE-
TWEEN THE STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE
TOWN OF MARANA REGARDING THE ADMINISTRATION,FUNDING AND OPER-
ATION OF THE ARIZONA VEHICLE THEFT TASK FORCE
WHEREAS the Arizona Vehicle Theft Task Force (AVTTF) is comprised of city,
county, state and federal law enforcement agencies participating in a concerted effort to
identify, apprehend, and prosecute individuals and criminal organizations that profit
from the theft of motor vehicles and related crimes; and
WHEREAS the Town of Marana Police Department wishes to participate in the
AVTTF; and
WHEREAS The Town and the Arizona Department of Public Safety (DPS) are au-
thorized and empowered to enter into agreements by A.R.S. § 11-952; 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, AS FOLLOWS:
SECTION 1. Approving the intergovernmental agreement between DPS and the
Town of Marana Police Department, attached to this resolution as Exhibit A, and author-
izing the Chief of Police 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, obliga-
tions, and objectives of this resolution.
Resolution No.2021-139
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 3rd day of November, 2021.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
-41111..4110.
Cherry L. .wson, Town Clerk Ja airall, Town Attorney
MARANA AZ
ESTAC;i_taHt : 1977
Resolution No.2021-139
DPS CONTRACT NO. D.O.D k IO
Exhibit A to Marana Resolution No.2021-139
INTERGOVERNMENTAL AGREEMENT
REGARDING
ARIZONA VEHICLE THEFT 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 vehicle theft
through the cooperative efforts of the parties to this Agreement.
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.
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 one (1) AZ P.O.S.T. certified sworn law enforcement ("officer") to
the Arizona Vehicle Theft Task Force, ("Task Force"), on a full-time basis, for such assignments
within the purposes of this Agreement,as directed by DPS. The Agency agrees the assigned officer
shall be in compliance with DPS residency requirements.
During the term of the IGA, Agency and DPS agree that Agency shall continue to provide an
officer with all employment-related benefits, rights, and privileges. The officer must abide by all
of Agency's applicable rules and regulations and are subject to Agency's disciplinary process. In
the event the officer is involved in a critical incident, as defined by DPS policy, Agency agrees to
cooperate with, and participate in, any investigation and/or critical incident review conducted by
DPS for the purpose of evaluating the policies and procedures utilized by the Task Force.
II. DPS'S RESPONSIBILITIES
Based upon the officer's 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 (depending upon funding from the Arizona Automobile
Theft Authority). Personal services and employee-related expenses are defined 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 accrues but is not used will not be
reimbursed.
Overtime compensation will be for Task Force-related activities only. DPS will reimburse all
overtime compensation (based upon DPS rules, not to exceed 20 hours per month). The officer
must perform a minimum of forty (40) hours of Task Force-related work for DPS to reimburse for
overtime in any given week. The twenty (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.
Exhibit A to Marana Resolution No.2021-139
All DPS approved travel expenses will be reimbursed directly to the officer 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
during the effective dates of this IGA.
DPS agrees to assign a department vehicle to the Agency's officer. The officer is responsible for
maintaining the assigned vehicle in accordance with DPS policy and shall utilize the DPS assigned
vehicle for Task Force purposes only. The officer 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 commencing work at DPS, the 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 sixty (60) days prior to the
effective date of the change.
IV. 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.
V. IMMIGRATION
All parties agree to comply with A.R.S. §§ 23-214 and 414401.
VI. NONDISCRIMINATION
All parties agree to comply with the non-discrimination provisions of the Governor's Executive
Order 2009-09.
VII. 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.
VIII. DRUG FREE WORKPLACE
Any officer assigned to the Task Force 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,the
Page 2 of 4
July 2021
Exhibit A to Marana Resolution No.2021-139
officer 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 the Task Force for failure to comply with the program or failure to pass DPS drug
screening requirements.
IX. 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.
X. FEES
Neither party may charge the other for administrative fees for any work performed pursuant to the
IGA.
XI. JURISDICTION
Agency agrees to permit officers to work outside of their regular jurisdictional boundaries.
XII. 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.
XIII. 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 the Task Force.
XIV. 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.
XV. 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 Task Force
participation are superseded as of the effective date of this IGA.
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.
Page 3 of 4
July 2021
XVIII. NOTICE
Any notice required to be given under the IGA will be provided by mail to:
Major Walter D.Mercer Chief Reuben NuIlez
Arizona Department of Public Safety Marana Police Department
P.O.Box 6638 11555 West Civic Center Drive
Phoenix,Arizona 85005 Marana,Arizona 85653
XV. 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 AGENCY
By: By:
Kenneth Hunter,Lieutenant Colonel Reub Nufiez, 'ef
Deputy Director Chief of Police
Arizona Department of Public Safety Marana Police Department
Date: /4074 / de•Li Date: U I / ez- I
APPROVED AS TO FORM APPROVED AS TO FORM
Ad4e
Assistant Attorney General Ci►, ttomey
Page 4 of 4
July 2021
40 Ps' ARIZONA DEPARTMENT OF PUBLIC SAFETY
r: 2102 WEST ENCANTO BLVD. P.O. BOX 6638 PHOENIX,ARIZONA 85005-6638 (602)223-2000
�t y "Courteous Vigilance"
DOUGLAS A.DUCEY HESTON SILBERT
Governor Director
October 14, 2021
Chief Reuben Nunez
Marana Police Department
11555 West Civic Center Drive
Marana, Arizona 85635
Dear Chief Nunez:
Attached for your review and approval are two(2)originals of the above referenced Intergovernmental
Agreement (IGA) between the Arizona Department of Public Safety and the Marana Police
Department. The purpose of the IGA is to enhance law enforcement services concerning vehicle theft
through the cooperative efforts of both agencies. The Marana Police Department agrees to assign one
AZPOST certified officer to the Arizona Vehicle Theft Task Force on a full-time basis. 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 years.
If the attachment meets with your approval, please sign where indicated and return one of the IGAs in
the enclosed envelope.
If we can be of assistance, please contact Chief of Staff Major Jennifer Borquez, Criminal
Investigation Division, at(602) 223-2864 or email at jborquez@azdps.gov.
Sincerely,
Deston Coleman, Jr., Lt. Colo el
Assistant Director
Criminal Investigations Bureau
/cjh
Enclosures