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HomeMy WebLinkAboutResolution 2024-005 Approving and Authorizing the Mayor to Execute an IGA with Pima County/Tucson Metro Counter Narcotics Alliance (CNA) for Task Force MARANA RESOLUTION NO. 2024-005 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE PARTIES THAT FORM THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) REGARDING THE ADMINISTRATION AND OPERATION OF THE CNA, A LAW ENFORCEMENT TASK FORCE WHEREAS the Town of Marana recognizes its duty to protect its citizens by working to reduce crime associated with drug trafficking and drug use; and WHEREAS the Marana Police Department is working with Pima County,the City of Tucson, and the Arizona Board of Regents as a regional partner in the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA),a law enforcement task force; and WHEREAS on September 4,2018,the Town Council adopted Resolution No.2018- 082, approving and authorizing execution of an intergovernmental agreement (IGA) by and between the parties that form the CNA regarding the administration and operation of the CNA, a law enforcement task force; and WHEREAS the Mayor and Council find that the Marana Police Department's continued participation in the CNA is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the intergovernmental agreement by and between the parties that form the CNA, in substantially the form attached to and incorporated by this reference in this Resolution as Exhibit A, and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. - 1 - Marana Resolution No.2024-005 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of January, 2024. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: David L. Udall, Town Clerk Ja F irall, Town Attorney MAR 44"1- ESTABLiSHEO - 2 - Marana Resolution No.2024-005 Exhibit A to Marana Resolution No. 2024-005 INTERGOVERNMENTAL AGREEMENT AMONG CITY OF TUCSON, PIMA COUNTY, ARIZONA BOARD OF REGENTS, AND TOWN OF MARANA, REGARDING THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE 1. Background and Purpose. 1.1. The City of Tucson ("Tucson") is empowered by Tucson Charter Chapter X, Section 7, to maintain the Tucson Police Department ("TPD") and is authorized by A.R.S. § 11-952 to enter into agreements for joint or cooperative action. 1.2. Pima County ("County") is empowered by A.R.S. § 11-952 to enter into agreements for joint or cooperative action, and the Sheriff, as the head of the Pima County Sheriff's Department ("PCSD"), is empowered by A.R.S. § 11-441 to preserve the peace and arrest those who commit public offenses. 1.3. The Arizona Board of Regents ("ABOR") is empowered by to A.R.S. § 15-1627 (F) to maintain the University of Arizona Police Department ("UAPD") for the purposes stated therein and by A.R.S. § 15-1625 to enter contracts on behalf of the University of Arizona Police Department. 1.4. The Town of Marana ("Marana") is empowered by A.R.S. Title 9 to contract and by A.R.S. § 9-240(b)(12) to maintain the Marana Police Department ("MPD") for the purposes stated therein. 1.5. Tucson, County, ABOR, and Marana (each a "Party" and together the "Parties"), pursuant to A.R.S. § 13-3872, and in accordance with the provisions of A.R.S. Title 11, Chapter 7, Article 3, and as authorized by appropriate action of the governing body for each party, desire to enter into this mutual agreement ("IGA") on behalf of their respective law enforcement agencies. 1.6. The governing bodies of each of the Parties finds that implementation of this IGA will substantially further the public safety, health, and welfare. 2. CNA; Staffing. 2.1. The Parties' law -enforcement agencies, described above, together with the U.S. Drug Enforcement Agency ("DEA") and U.S. Homeland Security Investigations ("ASP') (together, the "CNA Member Agencies") have formed the Pima County/Tucson Metropolitan Counter Narcotics Alliance ("CNA"), a law -enforcement task force that is an enforcement initiative of Southwest Border High Intensity Drug Trafficking Area task force ("HIDTA"). The purpose of this IGA is to confirm the responsibilities of the CNA Member Agencies. 2.2. Tucson, through TPD, acts as the fiscal agent for CNA, as provided in this IGA. 2.3. The Pima County Attorney's Office ("PCAO") administers the anti -racketeering revolving fund established by the Pima County Board of Supervisors under A.R.S. § 13-2314.03 (the "ARRF") and maintains subaccounts for local law enforcement agencies to which anti -racketeering or other civilly forfeited money and property is awarded by the court, including CNA. 1IF Exhibit A to Marana Resolution No. 2024-005 3. Purpose and Objectives of CNA. 3.1. The purpose of CNA is to provide drug enforcement, demand reduction, and education in the Tucson metropolitan area. Enforcement efforts focus on the full range of drug abuse, misuse, and trafficking activities. 3.2. The objectives to be accomplished by CNA in the Tucson metropolitan area include: 3.2.1. Reducing the rate of crime associated with drug trafficking and drug use. 3.2.2. Implementing strategies that will serve to interdict the availability, shipment and flow of illicit drugs, and the financial incentive for those activities. 3.2.3. Employing investigative strategies that target offenders, locations and organizations involved in illicit drug activities. 3.2.4. Utilizing intelligence -based law enforcement planning to coordinate collaborative resources available through member agencies. 3.2.5. Reducing the demand, availability, and chronic use of illicit drugs. 4. Jurisdiction. The Chief Law Enforcement Officer of each of the CNA Member Agencies consents to the extension of peace officer into their jurisdiction or territory by the peace officers assigned to CNA by the Chief Law Enforcement Officers of other CNA Member Agencies, in accordance with the provisions of A.R.S. § 13-3872. Nothing in this IGA either limits or extends the lawful jurisdiction of any of the CNA Member Agencies, other than as expressly set forth herein. For the purposes of this IGA, "Chief Law Enforcement Officer" is defined as, "the person who is a department or agency head with peace officer jurisdiction, or their duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory," as such phrase is used in A.R.S. § 13-3871, whether designated by appointment or election. 5. Planning And Administration. CNA is governed by a Policy Board, which has decision - making authority over CNXs policies and operations. This authority includes the following: 5.1. Establishing policies for assigning cases to be investigated. 5.2. In accordance with A.R.S. §§ 13-2314 and 13-2315, providing direction to: 5.2.1. Disburse fiords that come under the direct control of CNA. 5.2.2. Assign or transfer forfeited real property or cash either to CNA Member Agencies or to PCAO for deposit into the ARRF for the use of CNA (the "CNA ARRF Account'). 5.2.3. Assign or transfer non -forfeited real property or cash to TPD, as the fiduciary agent for CNA, to hold in an established account for CNA use. 21Pi Exhibit A to Marana Resolution No. 2024-005 5.2.4. Assign or transfer unclaimed funds or real property from the seizure holding accounts to the non -forfeiture CNA operating account, but only after TPD has completed due diligence efforts to return funds or real property back to the owner in a manner that is compliant with city, state and federal regulations. 5.2.5. Assign or transfer forfeited real property or cash generated by participating Federal Jurisdictions as provided for by law. 5.3. Maintaining oversight of forfeiture investigation and analysis conducted by the Asset Forfeiture Unit established by CNA. 6. Membership; Policy Board. 6.1. The Policy Board consists of the Chief Law Enforcement Officers of TPD and PCSD, the heads of the Tucson ofices of DEA and HSI, and the Chief Law Enforcement Officer of one of the remaining CNA Member Agencies, who will be chosen by a vote of the Chief Law Enforcement Officers of those remaining CNA Member Agencies. 6.2. The HIDTA Executive Director or designated representative will act as the Facilitator of the Policy Board. 6.3. Additional law enforcement agencies may join CNA and become a CNA Participating Agency with the approval of the Policy Board and execution of a copy of this IGA by an official or governing body with authority to enter into an intergovernmental agreement and legally bind the agency. Upon execution of a copy of this IGA, the joining agency will be deemed another Party to this IGA. 6.4. Each member of the Policy Board has an equal vote. Motions will be considered adopted based on the simple majority vote of a Board Quorum. A Board Quorum shall consist of no fewer than 4 Policy Board members either present or attending via phone or video interface. The Chief Law Enforcement Officer selected under Section 6.1 will have one vote on behalf of all the CNA Member Agencies other than TPD, PCSD, DEA, and HIS. 6.5. The Policy Board meets on a regular schedule that is set by the Policy Board. CNA's Commander is responsible for making quarterly or regularly scheduled reports to the Policy Board regarding CNA's operational and budget activities. 6.6. The Policy Board will cause minutes to be kept of all of its meetings, and the CNA Commander will ensure that members are notified in advance of scheduled meeting dates. 7. Operational Command. The Policy Board will select the operational commander of the CNA (the "CNA Commander"), who is responsible to the Policy Board for carrying out approved policy. The CNA Commander will be an employee of one of the CNA Member Agencies and will be assigned to CNA full time. The CNA Commander shall have the rank or equivalent rank of captain or above. 8. CNA Staff. CNA's administrative and operational staff ("CNA Staff") will be employees of various CNA Member Agencies, assigned full time by those agencies to CNA. CNA Staff will 31Pii ,c Exhibit A to Marana Resolution No. 2024-005 operate under the day-to-day supervision of the CNA Commander and the oversight and direction of the Policy Board, but each staff member will also remain subject to all personnel and other policies, including disciplinary policies, of their employing agency and will be paid by their employing agency. 8.1. CNA Staff positions include grant -funded and non -grant funded positions. Employees assigned to CNA from state or local CNA Member Agencies will be assigned to positions by the Policy Board with the goal of encouraging and maintaining a multi jurisdicfional staff. Personnel of federal CNA Member Agencies will not be assigned to grant -funded positions. 8.2. Personnel selected to fill grant -funded positions must be chosen in accordance with federal affirmative action guidelines. CNA Member Agencies providing grant -funded employees pay the salaries and fringe benefits for said employees and submit documentation as required by the terms of the applicable grant for reimbursement of these personnel expenses. CNA Member Agencies receiving grant funds agree to preserve and make available all salary and fringe benefit records for a period of five (5) years from the date of final payment, or for a longer period if required by state or federal regulation. Agencies providing grant funded positions will ensure they are not using these positions to supplant currently budgeted positions. 9. Record -Keeping and Financial Responsibilities. 9.1. CNA Staff. CNA Staff will administer all CNA contracts, which are entered into in the name of City; purchase equipment in the City's name for use in CNA operations; prepare the annual HIDTA and Arizona Criminal Justice Commission ("ACJC") grant applications, including budget requests; and prepare and provide to City monthly, quarterly and annual performance measurement statistical reports that City, as the grant recipient, must submit to HIDTA and ACJC. 9.1.1. CNA Staff will ensure that all grant -funded expenditures comply with the applicable regulations and guidelines for the HIDTA and ACJC grants. 9.1.2. CNA Staff will process, manage, track, and pay CNA's operating expenditures directly through the City of Tucson financial system in coordination with Tucson budget, finance and purchasing sections, in a manner consistent with Tucson policies and procedures and with any applicable grant requirements. 9.1.3. CNA Staff will make monthly requests directly to PCAO to reimburse City from the CNA ARRF Account for any expenses paid by City on behalf of CNA. When PCAO submits reimbursement checks to CNA Staff, CNA Staff will forward the checks to the Tucson Business Services Department. 9.2. City: The City of Tucson, Business Services Department, TPD satellite Office, will administer the grant contracts and funding awarded for CNA activities in the name of the City, submit all financial and other reports to the grantors required under the grant awards, and provide CNA Staff with copies of financial statements entered into the appropriate 41P,,�_,c Exhibit A to Marana Resolution No. 2024-005 grant portals. City will set up CNA's budget in the City's financial system and will provide financial guidance and assistance for CNA Staff as well as reports from the City's Financial System, that CNA Staff cannot access/generate. 9.3. Handling of Forfeited Cash: 9.3.1. When cash is seized in a CNA operation, City staff will provide CNA Staff with a C-account activation number and CNA Staff will deposit the cash into the TPD holding account. 9.3.2. Upon receipt of a court order forfeiting and awarding the seized cash, CNA staff will provide the order to City staff with instructions for how to split the award. 9.3.3. City staff will calculate the amount of interest that has accrued on the cash in the TPD holding account, and will calculate the amount of cash plus accrued interest to be distributed to each of the awardees named in the court order. 9.3.4. City staff will submit an asset -sharing request to TPD and will, upon approval, issue a check to PCAO for CNA's share for deposit into the CNA ARRF Account. 10. Responsibility of Agencies Submitting Reimbursement Requests to CNA. CNA Members Agencies will submit reimbursement requests including reimbursement requests for personnel expenses (salary, overtime, overtime ERE) to CNA Staff for approval and processing. All CNA Member Agency purchases and expenditures will follow applicable local, state and federal guidelines and requirements. 10.1. CNA Member Agencies will comply with all financial documentation policies established by CNA Staff and the Policy Board as they are revised from time to time. 10.2. Any travel or training attended by CNA Staff on behalf of CNA will be planned and paid for through CNA or the Staff member's employing CNA Member Agency. When these expenses are incurred by the employing CNA Member Agency, that CNA Member Agency must submit a reimbursement request to CNA. CNA staff will process the reimbursement to the submitting agency and request a check for payment of these expenses from PCAO. 11. Reimbursement Subject to Available Funds. Reimbursement of CNA Member Agencies under this IGA is subject to availability of funding in the form of grant funds, the CNA ARRF Account, and CNA reserves. Each CNA Member Agency will be responsible for any costs incurred by it for CNA purposes that exceed the allocations in grant awards, the CNA budget, and Policy Board actions. 12. Provisions Of Equipment at Termination of IGA By All CNA Member Agencies. Upon termination of this IGA and disbandment of CNA, equipment (including vehicles) purchased for CNA use with CNAARRF Account money will be disbursed in accordance with applicable legal guidelines at the time of the termination. The Policy Board may, consistent with such legal guidelines, cause such equipment to be retained or transferred to specified CNA Member 5 1 P A IC Exhibit A to Marana Resolution No. 2024-005 Agencies, provided that the CNA Member Agencies receiving or retaining the equipment/vehicles must provide Tucson with written assurance that the equipment and vehicles will be used in the criminal justice system. If equipment used by CNA Staff was supplied by one of its CNA Member Agencies, said equipment will be returned to that agency. 13. Non -Appropriation. Every obligation of each of the CNA Member Agencies under this IGA is conditioned upon the availability of funds appropriated or allocated for the support of such obligation. If funds are not allocated and available for the continuance of a CNA Member Agency's participation in CNA, the IGA will be terminated as to that CNA Member Agency. In the event this provision is exercised, that CNA Member Agency will not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 14. Term. This IGA shall be for an initial term of five (5) years, effective upon execution by the last of the Parties to sign it. The parties may extend the term of this IGA for two (2) additional five (5) year periods. Any modification or time extension of this IGA must be by formal written amendment executed by the Parties. 15. Termination. 15.1. Any Party may terminate its participation in CNA and this IGA by giving not less than 60 days advance written notice to the other Parties. Any party whose participation in CNA and this IGA is terminated for any reason will return to CNA Staff any equipment and vehicles in that Party's possession that was purchased with CNA grant or ARRF money. 15.2. The CNA Policy Board may terminate this IGA as to a CNA Member Agency if that CNA Member Agency violates the policy guidelines set forth by the Policy Board. 15.3. This IGA is subject to cancellation by the Parties pursuant to A.R.S. § 38-511. 16. Assignment. None of the parties to this IGA may assign its rights under this IGA to any other party without written permission from the Policy Board. 17. Construction of Agreement. 17.1. Entire agreement. This IGA constitutes the entire agreement among the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral, or written, are hereby superseded and merged herein. 17.2. Amendment. This IGA may be extended, modified, amended, altered, or changed only by a written amendment signed by all Parties. 17.3. Severability. If any provision of this IGA or the application thereof is declared invalid or void by statute or judicial, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. If any 61 Exhibit A to Marana Resolution No. 2024-005 provision of this IGA is declared invalid or void, the parties agree to meet promptly upon request of another party in attempt to reach an agreement on a substitute provision. 18. Legal Jurisdiction. Nothing in this IGA shall be construed as either limiting or extending the legal jurisdiction of any existing CNA member. 19. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer -employee relationship between the members and CNA. None of the parties shall be liable for neither any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security income taxes for itself or any of its employees. 20. Compliance with Laws. 20.1. In General. Each Party will comply with the human relations provisions of its respective agency and all parties shall comply with all applicable Federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this IGA. 20.2. Non -Discrimination. The Parties will comply with the provisions Executive Order 75- 5, as amended by Executive Order 2009-9, which is incorporated herein by this reference. 20.3. Americans with Disabilities Act. This IGA is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-366. 42 U.S.C. §§ 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. 20.4. Immigration. The parties agree to comply with all applicable federal immigration laws and regulations. 21. Worker's Compensation. 21.1. For the purposes of worker's compensation, an employee of a party to this IGA, who worked under the jurisdiction or control of, or who works within the jurisdictional boundaries of another party pursuant to this particular intergovernmental agreement for mutual aid law enforcement, shall be deemed to be an employee of the party who is the employee's primary employer and of the party under whose jurisdiction and control the employee is then working as provided in A.R.S. § 23-1022(D) and the primary employer party of such an employee shall be solely liable for payment of worker's compensation benefits for the purpose of this section. Each party herein shall comply with A.R.S. § 23- 1022(E) by posting the public notice required. 21.2. Except for the purpose of worker's compensation as noted in the preceding paragraph of this section, each party will be solely responsible and liable for claims, demands, or judgments (including costs, expenses and attorney fees) resulting from personal injury to any person or damage to any property arising out of its own employee's performance under this IGA. Each party has the right of contribution against the other parties with 71 P iL L Exhibit A to Marana Resolution No. 2024-005 respect to tort liability judgments finding multiple parties under this IGA to be liable. This right of contribution will not apply to any settlement or demand. This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this IGA liability insurance. The parties may fulfill their obligations by programs of self-insurance authorized by applicable law. 21.3. Each party agrees to he solely responsible for any expense resulting from industrial insurance by its employees incurred as a result of operations under this IGA. 22. Waiver. Waiver by any Party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition herein contained. 23. Force Majeure. A party shall not be in default under this IGA if it does not fulfill any of its obligations under this IGA because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this IGA, any causes beyond the control of the party affected, including but not limited to the failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non -action by governmental bodies in negligence or willful action of the parties, or order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 24. Method Of Execution. This IGA may be executed in one or more identical counterparts each of which shall be deemed an original, but all of which taken together shall constitute one agreement. 25. Notification. All notices or demands upon any party to this IGA shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: City of Tucson: City Manager City Hall Tower 255 West Alameda Street, 1 Oth Floor Tucson, AZ 85701 And 8 1 P Exhibit A to Marana Resolution No. 2024-005 Tucson Chief of Police Tucson Police Department 270 South Stone Avenue Tucson, AZ 85701 Pima County: Pima County Sheriff Pima County Sheriff's Department 1650 E Benson Hwy Tucson, AZ 85714 And: Chief Deputy County Attorney Pima County Attorney's Office 32 N. Stone Avenue Tucson, AZ 85701 affifil University of Arizona Sponsored Projects Services PO Box 3308 Tucson, AZ 85722-3308 Marana: Chief of Police Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 26. Remedies. No right or remedy under this IGA is exclusive of any other right or remedy and each is cumulative and in addition to any remedies provided by law for the breach of this IGA. 27. Indemnity. Each party shall be responsible for liabilities from all claims, damages, or suits arising from the negligence or willful misconduct of its officers, agents, and employees of any kind of nature arising out of CNA or its participating member agencies. To the extent permitted by law, each Party, as "Indemnitor," will indemnify, defend and hold harmless every other Party and its officers and employees (the "Indemnified Parties") from and against any and all suits, actions, legal or administrative proceedings, claims demands, damages, and expenses and losses of any kind suffered or incurred by the Indemnified Parties as a result of the negligence or willful misconduct of the Indemnitor or its officers or employees. Exhibit A to Marana Resolution No. 2024-005 By: Ed Honea Mayor ATTEST: By: Town Clerk INTERGOVERNMENTAL AGREEMENT DETERIVIINATION: Date: Date: The undersigned attorney for the Town of Marana has reviewed the foregoing intergovernmental agreement by and among the City of Tucson, Pima County, Arizona Board of Regents on behalf of the University of Arizona, and the Town of Marana, and has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Town. Jane Fairall Town Attorney 131P, ADOPTED BY THE MAYOR AND COUNCIL August 7, 2024 RESOLUTION NO. 23788 RELATING TO INTERGOVERNMENTAL AGREEMENTS (IGA); APPROVING AND AUTHORIZING EXECUTION OF AN IGA AMONG THE CITY OF TUCSON (CITY), PIMA COUNTY, THE ARIZONA BOARD OF REGENTS, AND THE TOWN OF MARANA RELATING TO THE PIMA COUNTY/TUCSON METROPOLITAN AREA COUNTER NARCOTICS ALLIANCE (CNA); AND DECLARING AN EMERGENCY. WHEREAS, the law -enforcement agencies of the City of Tucson, the Arizona Board of Regents, Pima County, and the Town of Marana, have formed the Pima County/Tucson Metropolitan Counter Narcotics Alliance task force (CNA), which is an enforcement initiative of the Southwest Border High Intensity Drug Trafficking Area (HIDTA); and WHEREAS, the City of Tucson, acting through the Tucson Police Department, acts as the fiscal agent of HIDTA and CNA; and WHEREAS, an IGA among the various CNA participating entities helps to clarify their respective responsibilities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS: SECTION 1. The IGA attached hereto as Exhibit A, which sets forth the funding for the CNA task force and the responsibilities of the various task force participants, is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute said IGA for and on behalf of the City of Tucson and the City Clerk is directed to attest the same. SECTION 3. The various City officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. SECTION 4. WHEREAS, it is necessary for the preservation of the peace, health and safety of the City of Tucson that this Resolution become immediately effective, an emergency is hereby declared to exist and this Resolution shall be effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Tucson, Arizona, August 7, 2024. MAYOR ATTEST: CITY ERK APPROVED AS TO FORM: REVIEWED BY: T TTORNEY CITY MANAGER RN/dv 06/10/2024 2 INTERGOVERNMENTAL AGREEMENT AMONG CITY OF TUCSON, PIMA COUNTY, ARIZONA BOARD OF REGENTS, AND TOWN OF MARANA, REGARDING THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE 1. Background and Purpose. 1.1. The City of Tucson ("Tucson") is empowered by Tucson Charter Chapter X, Section 7, to maintain the Tucson Police Department ("TPD") and is authorized by A.R.S. § 11-952 to enter into agreements for joint or cooperative action. 1.2. Pima County ("County") is empowered by A.R.S. § 11-952 to enter into agreements for joint or cooperative action, and the Sheriff, as the head of the Pima County Sheriff's Department ("PCSD"), is empowered by A.R.S. § 11-441 to preserve the peace and arrest those who commit public offenses. 1.3. The Arizona Board of Regents ("ABOR") is empowered by to A.R.S. § 15-1627 (F) to maintain the University of Arizona Police Department ("UAPD") for the purposes stated therein and by A.R.S. § 15-1625 to enter contracts on behalf of the University of Arizona Police Department. 1.4. The Town of Marana ("Marana") is empowered by A.R.S. Title 9 to contract and by A.R.S. § 9-240(b)(12) to maintain the Marana Police Department ("MPD") for the purposes stated therein. 1.5. Tucson, County, ABOR, and Marana (each a "Party" and together the "Parties"), pursuant to A.R.S. § 13-3872, and in accordance with the provisions of A.R.S. Title 11, Chapter 7, Article 3, and as authorized by appropriate action of the governing body for each party, desire to enter into this mutual agreement ("IGA") on behalf of their respective law enforcement agencies. 1.6. The governing bodies of each of the Parties finds that implementation of this IGA will substantially further the public safety, health, and welfare. 2. CNA; Staffing. 2.1. The Parties' law -enforcement agencies, described above, together with the U.S. Drug Enforcement Agency ("DEA") and U.S. Homeland Security investigations ("HSF') (together, the "CNA Member Agencies") have fonned the Pima County/Tucson Metropolitan Counter Narcotics Alliance ("CNA"), a law -enforcement task force that is an enforcement initiative of the Southwest Border High Intensity Drug Trafficking Area task force ("HIDTA"). The purpose of this IGA is to confirm the responsibilities of the CNA Member Agencies. 2.2. Tucson, through TPD, acts as the fiscal agent for CNA, as provided in this IGA. 2.3. The Pima County Attorney's Office ("PCAO") administers the anti -racketeering revolving fund established by the Pima County Board of Supervisors under A.R.S. § 13-2314.03 (the "ARRF") and maintains subaccounts for local law enforcement agencies to which anti -racketeering or other civilly forfeited money and property is awarded by the court, including CNA. 1 1 P Exhibit A to Resolution No. 23788 City of Tucson Contract No. 19544 3. Purpose and Objectives of CNA. 3.1. The purpose of CNA is to provide drug enforcement, demand reduction, and education in the Tucson metropolitan area. Enforcement efforts focus on the full range of drug abuse, misuse, and trafficking activities. 3.2. The objectives to be accomplished by CNA in the Tucson metropolitan area include: 3.2.1. Reducing the rate of crime associated with drug trafficking and drug use. 3.2.2. Implementing strategies that will serve to interdict the availability, shipment and flow of illicit drugs, and the financial incentive for those activities. 3.2.3. Employing investigative strategies that target offenders, locations and organizations involved in illicit drug activities. 3.2.4. Utilizing intelligence -based law enforcement planning to coordinate collaborative resources available through member agencies. 3.2.5. Reducing the demand, availability, and chronic use of illicit drugs. 4. Jurisdiction. The Chief Law Enforcement Officer of each of the CNA Member Agencies consents to the extension of peace officer into their jurisdiction or territory by the peace officers assigned to CNA by the Chief Law Enforcement Officers of other CNA Member Agencies, in accordance with the provisions of A.R.S. § 13-3872. Nothing in this IGA either limits or extends the lawful jurisdiction of any of the CNA Member Agencies, other than as expressly set forth herein. For the purposes of this IGA, "Chief Law Enforcement Officer" is defined as, "the person who is a department or agency head with peace officer jurisdiction, or their duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory," as such phrase is used in A.R.S. § 13-3871, whether designated by appointment or election. 5. Planning And Administration. CNA is governed by a Policy Board, which has decision - making authority over CNA's policies and operations. This authority includes the following: 5.1. Establishing policies for assigning cases to be investigated. 5.2. In accordance with A.R.S. §§ 13-2314 and 13-2315, providing direction to: 5.2.1. Disburse funds that come under the direct control of CNA. 5.2.2. Assign or transfer forfeited real property or cash either to CNA Member Agencies or to PCAO for deposit into the ARRF for the use of CNA (the "CNA ARRF Account"). 5.2.3. Assign or transfer non -forfeited real property or cash to TPD, as the fiduciary agent for CNA, to hold in an established account for CNA use. 5.2.4. Assign or transfer unclaimed funds or real property from the seizure holding accounts to the non -forfeiture CNA operating account, but only after TPD has completed due diligence efforts to return funds or real property back to the owner in a manner that is compliant with city, state and federal regulations. 5.2.5. Assign or transfer forfeited real property or cash generated by participating Federal Jurisdictions as provided for by law. 5.3. Maintaining oversight of forfeiture investigation and analysis conducted by the Asset Forfeiture Unit established by CNA. 6. Membership; Policy Board. 6.1. The Policy Board consists of the Chief Law Enforcement Officers of TPD and PCSD, the heads of the Tucson offices of DEA and HSI, and the Chief Law Enforcement Officer of one of the remaining CNA Member Agencies, who will be chosen by a vote of the Chief Law Enforcement Officers of those remaining CNA Member Agencies. 6.2. The HIDTA Executive Director or designated representative will act as the Facilitator of the Policy Board. 6.3. Additional law enforcement agencies may join CNA and become a CNA Participating Agency with the approval of the Policy Board and execution of a copy of this IGA by an official or governing body with authority to enter into an intergovernmental agreement and legally bind the agency. Upon execution of a copy of this IGA, the joining agency will be deemed another Party to this IGA. 6.4. Each member of the Policy Board has an equal vote. Motions will be considered adopted based on the simple majority vote of a Board Quorum. A Board Quorum shall consist of no fewer than 4 Policy Board members either present or attending via phone or video interface. The Chief Law Enforcement Officer selected under Section 6.1 will have one vote on behalf of all the CNA Member Agencies other than TPD, PCSD, DEA, and HIS. 6.5. The Policy Board meets on a regular schedule that is set by the Policy Board. CNA's Commander is responsible for making quarterly or regularly scheduled reports to the Policy Board regarding CNA's operational and budget activities. 6.6. The Policy Board will cause minutes to be kept of all of its meetings, and the CNA Commander will ensure that members are notified in advance of scheduled meeting dates. 7. Operational Command. The Policy Board will select the operational commander of the CNA (the "CNA Commander"), who is responsible to the Policy Board for carrying out approved policy. The CNA Commander will be an employee of one of the CNA Member Agencies and will be assigned to CNA full time. The CNA Commander shall have the rank or equivalent rank of captain or above. 8. CNA Staff. CNA's administrative and operational staff ("CNA Staff') will be employees of various CNA Member Agencies, assigned full time by those agencies to CNA. CNA Staff will 3 operate under the day-to-day supervision of the CNA Commander and the oversight and direction of the Policy Board, but each staff member will also remain subject to all personnel and other policies, including disciplinary policies, of their employing agency and will be paid by their employing agency. 8.1. CNA Staff positions include grant -funded and non -grant funded positions. Employees assigned to CNA from state or local CNA Member Agencies will be assigned to positions by the Policy Board with the goal of encouraging and maintaining a multi jurisdictional staff. Personnel of federal CNA Member Agencies will not be assigned to grant -funded positions. 8.2. Personnel selected to fill grant -funded positions must be chosen in accordance with federal affirmative action guidelines. CNA Member Agencies providing grant -funded employees pay the salaries and fringe benefits for said employees and submit documentation as required by the terms of the applicable grant for reimbursement of these personnel expenses. CNA Member Agencies receiving grant funds agree to preserve and make available all salary and fringe benefit records for a period of five (5) years from the date of final payment, or for a longer period if required by state or federal regulation. Agencies providing grant funded positions will ensure they are not using these positions to supplant currently budgeted positions. 9. Record -Keeping and Financial Responsibilities. 9.1. CNA Staff: CNA Staff will administer all CNA contracts, which are entered into in the name of City; purchase equipment in the City's name for use in CNA operations; prepare the annual HIDTA and Arizona Criminal Justice Commission ("ACJC") grant applications, including budget requests; and prepare and provide to City monthly, quarterly and annual performance measurement statistical reports that City, as the grant recipient, must submit to HIDTA and ACJC. 9.1.1. CNA Staff will ensure that all grant -funded expenditures comply with the applicable regulations and guidelines for the HIDTA and ACJC grants. 9.1.2. CNA Staff will process, manage, track, and pay CNA's operating expenditures directly through the City of Tucson financial system in coordination with Tucson budget, finance and purchasing sections, in a manner consistent with Tucson policies and procedures and with any applicable grant requirements. 9.1.3. CNA Staff will make monthly requests directly to PCAO to reimburse City from the CNA ARRF Account for any expenses paid by City on behalf of CNA. When PCAO submits reimbursement checks to CNA Staff, CNA Staff will forward the checks to the Tucson Business Services Department. 9.2. City: The City of Tucson, Business Services Department, TPD satellite Office, will administer the grant contracts and funding awarded for CNA activities in the name of the City, submit all financial and other reports to the grantors required under the grant awards, and provide CNA Staff with copies of financial statements entered into the appropriate 4 grant portals. City will set up CNA's budget in the City's financial system and will provide financial guidance and assistance for CNA Staff as well as reports from the City's Financial System, that CNA Staff cannot access/generate. 9.3. Handling of Forfeited Cash: 9.3.1. When cash is seized in a CNA operation, City staff will provide CNA Staff with a C-account activation number and CNA Staff will deposit the cash into the TPD holding account. 9.3.2. Upon receipt of a court order forfeiting and awarding the seized cash, CNA staff will provide the order to City staff with instructions for how to split the award. 9.3.3. City staff will calculate the amount of interest that has accrued on the cash in the TPD holding account, and will calculate the amount of cash plus accrued interest to be distributed to each of the awardees named in the court order. 9.3.4. City staff will submit an asset -sharing request to TPD and will, upon approval, issue a check to PCAO for CNA's share for deposit into the CNA ARRF Account. 10. Responsibility of Agencies Submitting Reimbursement Requests to CNA. CNA Members Agencies will submit reimbursement requests including reimbursement requests for personnel expenses (salary, overtime, overtime ERE) to CNA Staff for approval and processing. All CNA Member Agency purchases and expenditures will follow applicable local, state and federal guidelines and requirements. 10.1. CNA Member Agencies will comply with all financial documentation policies established by CNA Staff and the Policy Board as they are revised from time to time. 10.2. Any travel or training attended by CNA Staff on behalf of CNA will be planned and paid for through CNA or the Staff member's employing CNA Member Agency. When these expenses are incurred by the employing CNA Member Agency, that CNA Member Agency must submit a reimbursement request to CNA. CNA staff will process the reimbursement to the submitting agency and request a check for payment of these expenses from PCAO. 11. Reimbursement Subject to Available Funds. Reimbursement of CNA Member Agencies under this IGA is subject to availability of funding in the form of grant funds, the CNA ARRF Account, and CNA reserves. Each CNA Member Agency will be responsible for any costs incurred by it for CNA purposes that exceed the allocations in grant awards, the CNA budget, and Policy Board actions. 12. Provisions Of Equipment at Termination of IGA By All CNA Member Agencies. Upon termination of this IGA and disbandment of CNA, equipment (including vehicles) purchased for CNA use with CNA ARRF Account money will be disbursed in accordance with applicable legal guidelines at the time of the termination. The Policy Board may, consistent with such legal guidelines, cause such equipment to be retained or transferred to specified CNA Member 5I Agencies, provided that the CNA Member Agencies 'receiving or retaining the equipment/vehicles must provide Tucson with written assurance that the equipment and vehicles will be used in the criminal justice system. If equipment used by CNA Staff was supplied by one of its CNA Member Agencies, said equipment will be returned to that agency. 13 Non -Appropriation. Every obligation of each of the CNA Member Agencies under this IGA is conditioned upon the availability of funds appropriated or allocated for the support of such obligation. If funds are not allocated and available for the continuance of a CNA Member Agency's participation in CNA, the [GA will be terminated as to that CNA Member Agency. In the event this provision is exercised, that CNA Member Agency will not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 14. Term. This IGA shall be for an initial term of five (5) years, effective upon execution by the last of the Parties to sign it. The parties may extend the term of this IGA for two (2) additional five (5) year periods. Any modification or time extension of this IGA must be by formal written amendment executed by the Parties. 15. Termination. 15.1. Any Party may terminate its participation in CNA and this IGA by giving not less than 60 days advance written notice to the other Parties. Any party whose participation in CNA and this IGA is terminated for any reason will return to CNA Staff any equipment and vehicles in that Party's possession that was purchased with CNA grant or ARRF money. 15.2. The CNA Policy Board may terminate this IGA as to a CNA Member Agency if that CNA Member Agency violates the policy guidelines set forth by the Policy Board. 15.3. This IGA is subject to cancellation by the Parties pursuant to A.R.S. § 38-511. 16. Assignment. None of the parties to this IGA may assign its rights under this IGA to any other party without written permission from the Policy Board. 17. Construction of Agreement. 17.1. Entire agreement. This IGA constitutes the entire agreement among the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral, or written, are hereby superseded and merged herein. 17.2. Amendment. This IGA may be extended, modified, amended, altered, or changed only by a written amendment signed by all Parties. 17.3. Severability. If any provision of this IGA or the application thereof is declared invalid or void by statute or judicial, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. If any 61 provision of this IGA is declared invalid or void, the parties agree to meet promptly upon request of another party in attempt to reach an agreement on a substitute provision. 18. Legal Jurisdiction. Nothing in this IGA shall be construed as either limiting or extending the legal jurisdiction of any existing CNA member. 19. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer -employee relationship between the members and CNA. None of the parties shall be liable for neither any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other parry's obligation to withhold Social Security income taxes for itself or any of its employees. 20. Compliance with Laws. 20.1. In General. Each Party will comply with the human relations provisions of its respective agency and all parties shall comply with all applicable Federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this IGA. 20.2. Non -Discrimination. The Parties will comply with the provisions Executive Order 75-5, as amended by Executive Order 2009-9, which is incorporated herein by this reference. 20.3. Americans with Disabilities Act. This IGA is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-366. 42 U.S.C. §§ 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. 20.4. Immigration. The parties agree to comply with all applicable federal immigration laws and regulations. 21. Worker's Compensation. 21.1 For the purposes of worker's compensation, an employee of a party to this IGA, who worked under the jurisdiction or control of, or who works within the jurisdictional boundaries of another party pursuant to this particular intergovernmental agreement for mutual aid law enforcement, shall be deemed to be an employee of the party who is the employee's primary employer and of the party under whose jurisdiction and control the employee is then working as provided in A.R.S. § 23-1022(D) and the primary employer party of such an employee shall be solely liable for payment of worker's compensation benefits for the purpose of this section. Each party herein shall comply with A.R.S. § 23- 1022(E) by posting the public notice required. 21.2. Except for the purpose of worker's compensation as noted in the preceding paragraph of this section, each party will be solely responsible and liable for claims, demands, or judgments (including costs, expenses and attorney fees) resulting from personal injury to any person or damage to any property arising out of its own employee's performance under this IGA. Each party has the right of contribution against the other parties with 7 respect to tort liability judgments finding multiple parties under this IGA to be liable. This right of contribution will not apply to any settlement or demand. This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this IGA liability insurance. The parties may fulfill their obligations by programs of self-insurance authorized by applicable law. 21.3. Each party agrees to be solely responsible for any expense resulting from industrial insurance by its employees incurred as a result of operations under this IGA. 22. Waiver. Waiver by any Party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition herein contained. 23. Force Majeure. A party shall not be in default under this IGA if it does not fulfill any of its obligations under this IGA because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this IGA, any causes beyond the control of the party affected, including but not limited to the failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non -action by governmental bodies in negligence or willful action of the parties, or order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 24. Method Of Execution. This IGA may be executed in one or more identical counterparts each of which shall be deemed an original, but all of which taken together shall constitute one agreement. 25. Notification. All notices or demands upon any party to this IGA shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: City of Tucson: City Manager City Hall Tower 255 West Alameda Street, 10th Floor Tucson, AZ 85701 And 81P c Tucson Chief of Police Tucson Police Department 270 South Stone Avenue Tucson, AZ 85701 Pima County: Pima County Sheriff Pima County Sheriff's Department 1650 E Benson Hwy Tucson, AZ 85714 And: Chief Deputy County Attorney Pima County Attorney's Office 32 N. Stone Avenue Tucson, AZ 85701 ABOR: University of Arizona Sponsored Projects Services PO Box 3308 Tucson, AZ 85722-3308 Marana: Chief of Police Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 26. Remedies. No right or remedy under this IGA is exclusive of any other right or remedy and each is cumulative and in addition to any remedies provided by law for the breach of this IGA. 27. Indemnity. Each party shall be responsible for liabilities from all claims, damages, or suits arising from the negligence or willful misconduct of its officers, agents, and employees of any kind of nature arising out of CNA or its participating member agencies. To the extent permitted by law, each Party, as "Indemnitor," will indemnify, defend and hold harmless every other Party and its officers and employees (the "Indemnified Parties") from and against any and all suits, actions, legal or administrative proceedings, claims demands, damages, and expenses and losses of any kind suffered or incurred by the Indemnified Parties as a result of the negligence or willful misconduct of the Indemnitor or its officers or employees. 9I CITY OF TUCSON By: Regina Ro � ayo ATTEST: By. Suzanlesich, City Clerk INTERGOVERNMENTAL AGREEMENT DETERMINATION: Date: August 7, 2024 Date: August 7, 2024 The undersigned attorney for the City of Tucson has reviewed the foregoing intergovernmental agreement by and among the City of Tucson, Pima County, Arizona Board of Regents on behalf of the University of Arizona, and the Town of Marana, and has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the City of Tucson. nkin, City Attorney Date: August 7, 2024. 10I1'agc PIMA COUNTY By: Adel Grijalva Chair of the Board of Supervisors ATTEST: By: Clerk of the Board o APPROVED BY: Chris Nanos Pima County Sheriff INTERGOVERNMENTAL AGREEMENT DETERMINATION: Date: APR 1 6 2024 Date: APR 1 6 2024 The undersigned attorney for Pima County has reviewed the foregoing intergovernmental agreement by and among the City of Tucson, Pima County, Arizona Board of Regents on behalf of the University of Arizona, and the Town of Marana, and has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to Pima County. SEAN HOLGUIN Depu unty Attorney ARIZONA BOARD OF REGENTS ON BEHALF OF THE UNIVERSITY OF ARIZONA B Y Rg� Cj Santitez Date: 05/22/20)4 Ronald G Sanchez, Contracts Manager. Office of Research Contracts INTERGOVERNMENTAL AGREEMENT DETERMINATION: The undersigned attomey for the Arizona Board of Regents ("ABOR") has reviewed the foregoing intergovernmental agreement by and among the City of Tucson, Pima County, Arizona Board of Regents on behalf of the University of Arizona, and the Town of Marana, and has determined that it is in proper form and is withitvthjpowers and authority granted under the laws of the State of Arizona to ABOR. I21Pa c TOWN OF MARANA By: //G� `'9.--.----- Ed Fionea Mayor ATTEST: Date: Date: 1/ fig( Z`( Town Clerk INTERGOVERNMENTAL AGREEMENT DETERMINATION: The undersigned attorney for the Town of Marana has reviewed the foregoing intergovernmental agreement by and among the City of Tucson, Pima County, Arizona Board of Regents on behalf of the University of Arizona, and the Town of Marana, and has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Town. 13Ir3ac MARANA RESOLUTION NO. 2024-005 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE PARTIES THAT FORM THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) REGARDING THE ADMINISTRATION AND OPERATION OF THE CNA, A LAW ENFORCEMENT TASK FORCE WHEREAS the Town of Marana recognizes its duty to protect its citizens by working to reduce crime associated with drug trafficking and drug use; and WHEREAS the Marana Police Department is working with Pima County, the City of Tucson, and the Arizona Board of Regents as a regional partner in the Pima County /Tucson Metropolitan Counter Narcotics Alliance (CNA), a law enforcement task force; and WHEREAS on September 4, 2018, the Town Council adopted Resolution No. 2018-082, approving and authorizing execution of an intergovernmental agreement (IGA) by and between the parties that form the CNA regarding the administration and operation of the CNA, a law enforcement task force; and WHEREAS the Mayor and Council find that the Marana Police Department's continued participation in the CNA is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the intergovernmental agreement by and between the parties that form the CNA, in substantially the form attached to and incorporated by this reference in this Resolution as Exhibit A, and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. -1- Marana Resolution No. 2024-005 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of January, 2024. , Mayor Ed Honea ATTEST: APPROVED AS TO FORM: David L. Udall, Town Clerk k• 11)Lcja2`''''' Amposiaammealematsea MAW& ESTABLISHED t`'/ 1 -2- Marvta Resolution No. 2024-005 irall, Town Attorney