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HomeMy WebLinkAboutResolution 2004-069 IGA for marana police participation in tucson metropolitan counter narcotics allianceMARANA RESOLUTION NO. 2004-69 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (C.N.A.) AND THE TOWN OF MARANA POLICE DEPARTMENT, A MEMBER AGENCY OF THE COUNTER NARCOTICS ALLIANCE (C.N.A.) PROGRAM DRUG GRANT AGREEMENT. WHEREAS, the Town ofMarana, Pima County, Arizona, recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Arizona Criminal Justice Commission has awarded funds to the City of Tucson to administer; and WHEREAS, the Marana Police Department is a member of the Pima County/Tucson Metropolitan Counter Narcotics Alliance (C.N.A.); and WHEREAS, the primary goal of the C.N.A. is that drug enforcement in the Pima County/Tucson metropolitan areas be conducted in a concerted effort, in order to maximize available resources; and WHEREAS, attached hereto as Exhibit A and incorporated herein by this reference, an agreement has been prepared which equitably sets out the rights and responsibilities of the Town and Pima County/City of Tucson in administering the C.N.A. grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCiL OF THE TOWN OF MARANA, ARIZONA, authorizing the Mayor to execute the Intergovernmental Agreement by and between the Town and Pima County/City of Tucson, attached hereto as Exhibit A, to allow for the distribution of said monies in accordance with the terms of the C.N.A. grant. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of June, 2004. ~,-.-~ oo~ . ~ M ATTEST: ~ ~m'"~ ~ ~PROVED AS TO FO~: / 5/23/2004 2:34 PM INTERGOVERNMENTAL AGREEMENT FOR PIMA COUNTYfFUCSON METROPOLITAN COUNTER NARCOTICS ALLL&kiCE (CNA) WHEREAS, the City of Tucson has received a ~arant of federal fimds from the A~ona Criminal Justice Commission in the total amount of $867,770 for adrnlnlcwafion of a multi-agency drug task force in the Tucson metropolitan area des/gnated as the P/ma County/Tucson Metropolitan Counter Narcotics Alliance (hereinafter "CNA)", and WHEREAS, the Arizona Criminal Justice Co,,,,,,;esion may from t/me to time pro~4de the City of Tucson with additional grants to implement such law enforcement projects, and WHEREAS, Pima County has received a grant of federal funds for eleven positions assigned to the Pima - County/Tucson Metropolitan Counter Narcotics Alliance, from the federal program High Intensity Drag Traffiddug A~ns (hereinaflm- "HIDTA"), to further its primary goal of significantly reducing unlawful narcotics activity in the Pima County metropolitan area, and WHEREAS, the City of Tucson, Pima County, the Town of Oro Valle, the Town of Mar~.' the City of South '?acson, the Arizona Board of regent~ and the Stat~ of A?izona, pursuant to A.ILS. §13-3872, and in accordance with the provisions orA. ILS. Title 11, Chapter 7, Article 3, and as authorized by appropriate a~tion of the governing body for each party, desire to enter into this mutual aid agreement on behalf of their various law enforce~nent agencies with respect io such ~m'ants, and "i ' WHEREAS, the City '9f Tucson is empowered by Tucson Charter Chapter X, Section 7, to maintain a Police Department for the purposes staled herein and is authorized to contract by Tucson Charter Chapter X%,', Section I, and. WHEREAS, the Sheriffof Pima Count3, is empowered by A.R_S. E11441, et. seq. to maintain a Sheriff's Deparanent for the purposes stated therein and the County Board of Supervisors is empowered by ARS E11- 201 to enter inlo contracts on belmlfofthe County SheriWs Depa~u~,unt, and v, rHEREAS, the Town of Oro Valley is empowered by A.R.S. Title 9 to contract and by A_R_S. §9- 24003X12) to maintain the Om Valley Police Departm~t for the purpos~ stated therein, and WHEREAS, the Town of Marana is empowered by A.KS. Title 9 to contract and by A-KS. 24003)(12) to main~in a Police Dep~,tment for the purposes stated thereiru and WHEREAS, the City of South Tucson is empowered by A. KS. Title 9 to contract and by A.1LS. § 9- 24003)(12) to m~intain the South Tucson Police Depmtment for the purposes stated therein, and WHEREAS, the Arizona Board of R~ents is empowered~by A_R.S. §15-1627(F) to maintain the Urdversity of Arizona Po[ice D~mm, ent for the purpos~ stated therein and bx- _&R.S. §15-1625 to ent~ into conu-azts on beha/fofthe Un/vemi~' of_-Szizona Po~Jce D~a_,-mq~ ent and '~Vi~KEAS, ~e Dep. ~-aaen? of F'ublic safe~' is ~,em. powere~fi by A. Ft.£. §4i-i7i2 re m~'z:~.i.n z nz_-cofics erSorcemenr an,-'. ~ai inYe~ga~on dMsiovs and WHEREAS, implementation of this intergovernmental Avrecment wfl] substantially fi. trther the public safe~', health, and weLfare: ~ ' NOW', THEREFORE, the parties do hereby agree a.s follows: ART/CLE I DEFINITIONS A. "Party" means each of the governmental entities that have executed tiffs a~'eement B. "Chief Law Enforcement Officer" means that person who is a "department or ~ency head with peace officer jurisdiction, or his duly authorized representative, having the primmy responsibili.ty for law enforcement within the.jurisdiction or territory," as such phrase is used in A.R.S. §13-3871, whether desi~exmted by appointment or election C. "CNA" means the Pima County/Tucson Metropolitan Counter Narcotics Alliance. The governmental entities malting up the CNA are the City of TuCson, Pima County, the Town ofOro Valles; the Town of Marana, the City of South Tucson, the Arizona Board of Regents, the Stme of Ar/zona and the United S~s Government. ARTICLE 2 PURPOSE The primary goal of the CNA ~ tfat dmg enforcement in the Pima County and Tucson men'opolitan areas be conducted in a concerted effort, in order to maximize available resources. Enforcea~ent ~ be addressed from the street level to the intemafibnal level through cooperation of local, State, and Federal agencies, and Arizona H1DTA initiatives. This Alliance will be an interrelated drag and anfiqerrofism enforcement effort that shares resources and intelligence in .the successful interdiqtion of illegal narcotics. ART/CLE 3 OBJECTIVES Program objectives include the following: 1. Reduce the rate of crime associa~ti with drag ~fickSng and drug use. 2. Enact suatagi~j'es t~t wil/serve to interdict the avaffability, shipment, and flow of illicit narcotics within and thro ~ugh the Pima County/Tucson Metro service area. 3. Employ investigative and efforcam~ent sUategi~'es that target offenders, locations, and organ;7~ons involved in a~tivifies associated with illicit narcotics. 4. Use inteIIigence driven en/'orcement to focus collaborutive resources. 5. Work toward reclucing tt~e demand, prevalence, and chrorfic m~e of illicit narcotics. 2 ARTICLE 4 JUTdSDICTION The CNefLaw Enforcement Officers of each of the parties hereto individually consent to the extension of peace anthority/nto their jurisdiction or territtuy by the peace officers assigned to the CNA bv the Ch/el [..aa' Enforcement Officers of the other parties, in accordance with the pro'dsions of A.R.S.' §1.>-.>87_. Nothing in this agreement shall be consu-ued as either limiting or extending the lawfal jufisd/cfion of any of the part/es, other than as expressly set forth herein. ' AKTICLE $ PLANNTNG AND ADMINISTRATION A. Establishment of and Powers of Policy Board: 1. The CNA will be governed by a Policy Board having final authority for its operation. 2. The Policy Board shall establish polic/es to select cases to be investigated; allocate, focus, and manage project resources; and provide oversight ofprojeet investigations. 3. The Policy Board will disburse any forfeited funds Or }'eml property to members oftheq2~A or the a._C. ount3 Atto. mey s Ant~-Racketeenng Fund pursuant to4he prommons ofA.1LS. ~13-2314 and 13-2315, with the exception of any forfeiture generated by the p~rficipming federal jurisdint/ons 4. Forfeiture inve~gation and analysis will be conducted by the Financial Remed./es & Property Management Units assigned to CNA and administered by the Tucson Police Department. 5. The Policy Board shall meet monthly be=dm'ting January. 2004. The CNA Commander shall make quarterly reports to the Policy Board. 6. Minutes will be kept of all meetings, and members shall be notified of meetings. 7. A quorum of three-quarters of the Board will be sufficient to take Board action. B. MEMBERSHIP OF POLICY BOARD Each member of the Policy Board shall have an equal vote. The Policy Board will consist of the chief law enforcement officer or, in the case of federal agencies, the head of the Tucson office, from the following agencies: Pima Cotmty Sheriff's Department, Tucson Police Dep~ uuent, Arizona DepaFmtent of Public Safety, Federal Bureau of Investigation, Drug Enfomement Administration, and C, ustoms and Immi~on Enforcement. A sin~e policy board member sele~-'ted from among the? ranks shall represent the remaining parties (part/c/paring jurisdicfious) to this ~a.~eement on ~he policy board. Initially. the South Tucson Police Chief shall se,we as the panScipafing jurisd/c6on representative. 3 Do Both the policy board chairperson and vice-chairperson positions shall rotate among the sponsoring agencies. Initially, the chairperson shall be Tucson Drug Enforcement A~&rfinistrafion Assistant Special Ag~t-in-Charge and the vice-chair shall be the Tucson Police Department Ckie£ The terms of these positions shall not exceed one year. OPERATIONAL COMlvL~dCD Operational command of the CNA will MI/ally be the responsibility of the Tucson Police Departm~t. The Tucson Police Department will assign a Police Captain to command the CNA. Tiffs individual will be responsible to the Policy Board for carrying out approved policy. CNA commanders will serve a term of three years, beginning with the Tucson Police Department, and may be appointed from the Tucson Police Department, Pima County Sheriff's Department or the Arizona Department of Public Safety. With the approval of the selected agency, the policy board will select the agency tha~ will pmvid? the commander. PROJECT ADMD,IISTRATION AND REPORTING The Tucson Police Dep~tme~t shall assume reaponsibility for project administnafiqe and financial ma.ers, such as contract admlnkhi~on, ac2.ounliug, m:lulpment purchase, project evalumion; funding a_~o.urce r.ep6~., and subrniq~qon ofpmP°sals for further fu~ling.' The Tucson Police Dep,utment shall establ/sh requlremenl~ for the provision of documanml/on necessary to reimburse participating agencies for grant approved expenditures. Ail grant-funded expenditures must comply with current fed~cal ~regalafions and the ga~£ con,rant with fine Arizona Criminal Justice Commission. STAFF The CNA shall include staff from grant-funded and non-grant funded sources. Grant funded positions shall be allocated by the policy board to state or local agencies, with the perspective of encouraging and maintaining a multi-jurisdictional st~. Grant funded positions will 'not be allocated to federml ~encies. Personnel selected to fill grant-funded positions qhall be chosen in accordance with federal affirmative action guidelines. Agencies providing grant funded employees ~agree to pay the salaries and fringe benefits for said ~,~Ioyees and submit documentation, as required by the Tucson Police Dep,utment, for reimbum:ment under the grant. Agencies receiving grant funds _a=m'ee to preserve and make available all salmy and fringe benefit records for a period of five (5)),ears fi.om the dine of final payment, or for a longer period of time ifreqtired by state or federal regulation. Agencies proxSding ~mant funded positions shall not use these positions to supplant currently budgeted positions. PROVISION OF EQLrlPMENT AT GRANT TERMINATION .An)- equipmem purchas~ with ~ant funds shall be disbursed in accordance with the federal gu/deiines at ,._he time the g'ranr is renrfinared. The Po!i~' Bom-d ma)' disbm-se ~ant f',-nded equipment ro pm~cip=--~mg ~cies. if thcs= ag~cies provide udrren ~surmnce ~",a: ~d equipment ~51I be used '2u with those ob:ie:ffves ourl/ned D= the CNA ~t appi/caSon. Equipmen? 4 ~encles sha/l be returned to the ~ency supp134ng such equipment. ARTICLE 6 E~'i'LCI~rE DATE ANT) TERM This agreement will become effective upon the day a fully executed agreement is filed in the Office of the Pima County Recorder pursuant to A.R.S. §11-952 and shall continue in force until December 31. 2004. In the event thai other grants are forthcoming or funds fi.om other sources become ava/fable fo) continuation, this agreement shall be renewed annually, not to ~xcoed a period of five years. ARTICLE 7 I~KM~A~ON TI~ Agre~nent may be tc-rmina~ at any time by mutual written consc'nt or by any pan5, terminalSng flue ~_ ~ant as to such party by giving not less than sixty (60) days wrillen notice to the other parties. In the event of such tcrmlnafion, each party shall re'rain possc~on of its separately owned equipment and property. Any party whose participation fin the Agreement is te~minaied for any reason, prior to the expiration of the initial term or dating c'xtended terms as specified in ARTICLE 6 above, shall retrain any equipment pumhas~ w/th g~aat fun~ to the Policy Board. This con .t~t is subject to cancellation by the parties put'ant to A.R.S. §38-511. ARTICLE 8 LIMITATION OF LIABILITY For the pm-poses of wort,uno, art's compensation, an employee of a party to this ~agreement, who works under the jurisdiction or control of~ or who works w/thin the jurisd/ctional boundaries of another pan5.' pursuant to this particular intcrgovenmlental a~eement for mutual aid in law enforcement, shall be deemed to be an employee of the party who is the employee's primaO, employer and of the party under whose jtui~cfion and control the employee is then workSng as provided in A. KS..{23-1022(1)) and the pnma~y employer party of such an employee qh~l! be solely liable for p .ayment of worker's compen~fion benefim for the purpose of this see. flor[ Each party, herein shall comply with provisions ofA.R.S. ~23-1022(E) by posting the public notice required. Except for the proposes of worker's compensation as noted in the preceding parade, %,h of this Article,. each party qhall bi: solely responsible and liable for claim% demands or jud~,men~s (including costs, expenses and allomey fees) resulting from personal Injury to any person or c~mage to any property. arising ouI of its own employee's performance under this ~ent Each part3, qhall h2ve the right of conm'bufion ~alnq~ the other parties with respect to tort liability ju _dgrnents should multiple parties under ~ ~agreement be found l/able. Tb/s fight of contribution shall not 'aSrply to an), sett/cment or demand and each party shall be solely, respondble for its own acts or omissions and those of its officers and employes by reason of its operations under this ~a~ment. This responm'bility includes automobile liability. Each party represents thai it shall maintain for the dural/on of this a.~reement liability insurance. The parties may fi~lfill theist- obliga/Jons~ by prog~mns of self-insurance p~roviding protect/on. ~n,,plo.x'ees inza.-red as a result ARTICLE 9 HU,%L&N RELATIONS Each party will comply with human relations provisions of its respective code and Federa~ .~firmafive Action ~delines required by th/s contract. ARTICLE I0 METHOD OF EXq~CLrTION Th/s ~ag~eemeut may be executed in one or more identical counterparts ench ofwNch shall be deemed an original, but all ofwh/ch ~en togelher shall constitute one ~aflreement. ARTICLE I 1 NOTICE Any notice given pursuant to ~ contract shall be in writing and shall be conhdered to have been given when actually received by the followhg addresses or their Rents or employees: Tucson ChiefofPol/ce Tucson Police Dep~ U~eut 270 S. Stone Ave. Tucson, Arizona 85701 . ph:n~_ County Sheriff Pima County Sheriff's Deparmaant 1750 E. Benson Hwy. Tucson, Arizona 85714 Director, AZ Department of Public Safety P.O. Box 6638 Phoenix, Arizona 85005 Sou~h Tucson Chief of Police Sou~h Tucson Police Deparmaent P.O. Box 7307 South Tucson, Adzona 85725 Marana Chief of Poliee M~m Police Department 13291 N. Lon Arlam~ M,am~ Arizona 85653 Oro Valley ChiefofPoliee Oro Valley Police Department 680 W. Calle Concordin Oro Valley, Arizona 85737 Cltiefof Police Un/versity of Arizona Poi/ce Department 1852 E. lU S~-eet Tucson, Arizona 85721 LNT WITNESS WHEREOF, the Chief Law Enforcement Officer or Chief Executive Officer of the parties hereto have sm, emily given their respective consents authorized by A.R.S. {}13-3872 and the parties hereto have executed this ~agr~'ment by and thro ~ough their respecl/ve officers duly authorized. 7 CNA I.G.A. CONTRACT NO. CONSENTS BY CH]EF LAW ENFORCEMENT OR EXECUT/VE OFFICERS Maria Chief of Police PARTIES TO TI-//S AGREEMENT Al'lEST: TOWN OF MARANA REVIEWED AND APPROVED AS TO FORM: ~P~sua~ t° A-R-S. § ' 1-952, lhe attom~s for thc Paxties hereto have this c,~f/d2 of etermined that fl~e fo o' e~t i ' ' · ~.0_1~., .... reg lng Agreem s In propex form, and IS gnmtea una~ me laws of this State. 12 CCCLK TUCSON CITY CLERK 255 W ALAMEDA TUCSON AZ 85701 (i\\~~ ~Q DOCKET: 12562 PAGE: 5735 NO. OF PAGES: 4 SEQUENCE: 20051031019 OS/27/2005 RES 16:24 ~ F. ANN RODRIGUEZ, RECORDER RECORDED BY: JAS DEPUTY RECORDER 8542 PE3 PICKUP AMOUNT PAID $ 7.00 ADOPTED BY THE MAYOR AND COUNCIL JRTIllRry 2'), 200') RESOLUTION NO. 20002 RELATING TO INTERGOVERNMENTAL AGREEMENTS; AUTHORIZING AND APPROVING THE EXECUTION OFAN INTERGOVERNMENTAL AGREEMENT FOR THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) BETWEEN AND AMONG THE CITY OF TUCSON, PIMA COUNTY, THE TOWN OF ORO VALLEY, THE TOWN OF MARANA, THE CITY OF SOUTH TUCSON, THE ARIZONA BOARD OF REGENTS ON BEHALF OF THE UNIVERSITY OF ARIZONA, AND THE STATE OF ARIZONA ON BEHALF OF THE ARIZONA DEPARTMENT OF PUBLIC SAFETY; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS: SECTION 1. The Intergovernmental Agreement for the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA), attached hereto as Exhibit "A", is approved. SECTION 2. The Intergovernmental Agreement for the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) with Pima County, attached hereto as SECTION 3. The Intergovernmental Agreement for the Pima County/Tucson t "'l ,~~ ~:~ !::) J.~~ Exhibit "B", is approved. Metropolitan Counter Narcotics Alliance (CNA) with the Townof--Oro Valley, attached ~ ,.:11 ..., ~~ 'l..:Il r" ;:l hereto as Exhibit "C", is approved. A0009538.DOC/ SECTION 4. The Intergovernmental Agreement for the Pima Countyrrucson Metropolitan Counter Narcotics Alliance (CNA) with the Town of Marana, attached (/ hereto as Exhibit "0", is approved. . SECTION 5. The Intergovernmental Agreement for the Pima Countyrrucson Metropolitan Counter Narcotics Alliance (CNA) with the City of South Tucson, attached hereto as Exhibit "E", is approved. SECTION 6. The Intergovernmental Agreement for the Pima Countyrrucson Metropolitan Counter Narcotics Alliance (CNA) with the Arizona Board of Regents on behalf of the University of Arizona, attached hereto as Exhibit "F", is approved. SECTION 7. The Intergovernmental Agreement for the Pima Countyrrucson Metropolitan Counter Narcotics Alliance (CNA) with the State of Arizona on behalf of the Department of Public Safety, attached hereto as Exhibit "G", is approved. SECTION 8. The Mayor is hereby authorized and directed to execute the said Agreement in as many counterparts as are necessary or desirable for and on behalf of the City, and the City Clerk is authorized and directed to attest the same. SECTION 9. The Chief of Police is hereby authorized and directed to execute any future amendments, extensions or agreements that are substantially similar in form for a period not to exceed five years from the original expiration term of this agreement, and the City Clerk is authorized and directed to attest the same. SECTION 10. The various city officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. SECTION 11. WHEREAS, it is necessary for the preservation for the peace, health and safety of the City of Tucson that this resolution become immediately A0009538.DOC/ 2 i1 . ,I" ~I ~; ~ ~:iI II"'~I 111r"" fS' ~II~II ,::~i ~I]I ~ b , 1 ' 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, January 25, 2005. MAYOR ATTEST: ohd l A0d cM1t6:K aRM: REVIEWED BY: ~ ~:tme 12/29/2004 9:50 AM A0009538.DOC/ 3 1, :2 5 8 :2 ~ n- :;:) 7' :1 7 t i Certificate of cCer~ · City of rr'ucson · State if .J/nz01tt1 County if (Pima } % I, Kathleen S. Detrick, the duly appointed and qualified City Clerk of the City of Tucson, Arizona, do hereby certify that the foregoing is a true and correct copy of Resolution No. 20002 which was passed and adopted by the Mayor and Council of the City of Tucson, Arizona, at a meeting held on January 25, 2005, at which a quorum was present. In Witness Whereof I have hereunto set my hand and affixed the seal of the City of Tucson, Arizona on May 26, 2005. Total of --L page(s) certified. (Exhibits not included) 2.P~ f-ity Cle~k ' ). :2 5 ~ "" ~ b ':;~II :3 8 ~ , . " " , F. ANN RODRIGUEZ, RECORDER RECORDED BY: JAS DEPUTY RECORDER 8542 PE3 DOCKET: 12562 PAGE: 5739 NO. OF PAGES: 8 SEQUENCE: 20051031020 OS/27/2005 AG 16:24 CCCLK TUCSON CITY CLERK 255 W ALAMEDA TUCSON AZ 85701 PICKUP AMOUNT PAID $ 8.50 illTERGOVERNMENTALAGREEMENT FOR PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) WHEREAS, the City of Tucson has received a grant of federal funds from the Arizona Criminal Justice Commission in the total amount of $86,770 for administration of a multi-agency dmg task force in the Tucson metropolitan area designated as the Pima County/Tucson Metropolitan Counter Narcotics Alliance (hereinafter "CNA)", and WHEREAS, the Arizona Criminal Justice Commission may from time to time provide the City of Tucson with additional grants to implement such law enforcement projects, and WHEREAS, Pima County has received a grant of federal funds for eleven positions assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance, from the federal program High Intensity Drug Trafficking Areas; (hereinafter "HIDTA"), to further its primary goal of significantly reducing unlawful narcotics activity in the Pima County metropolitan area, and WHEREAS, the City of Tucson, Pima County, the Town of Oro Valley, the Town of Marana, the City of South Tucson, the Arizona Board of Regents, and the State of Arizona, pursuant to AR.S. S 13-3872, and in accordance with the provisions of AR.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 aid agreement on behalf of their various law enforcement agencies with respect to such grants, and WHEREAS, the City of Tucson is empowered by Tucson Charter Chapter X, Section 7, to maintain a Police Department for the purposes stated herein and is authorized to contract by Tucson Charter Chapter IV, Section I, and WHEREAS, the Sheriff of Pima County is empowered by AR.S. S 11-441, et.seq. to maintain a Sheriff's Department for the purposes stated therein and the County Board of Supervisors is empowered by AR.S. S 11-201 to enter into contracts on behalf of the County Sheriff's Department, and t 2 C' :::2 6 2 WHEREAS, the Town ofOro Valley is empowered by A.R.S. Title 9 to contract and by AR.S. S 9-240(B)(12) to maintain the Oro Valley Police Department for the purposes stated therein, and 151 c' .1 .., :3 $,I WHEREAS, the Town of Marana is empowered by A.R.S. Title 9 to contract and by A.R.S. S 9-240(B)(12) to maintain a Police Department for the purposes stated therein, and WHEREAS, the City of South Tucson is empowered by A.R.S. Title 9 to contract and by AR.S. 9 9-240(B)(12) to maintain the South Tucson Police Department for the purposes stated therein, and A0009524.DOCI EX A TO RESOLUTION NO. 20002. CITY OF TUCSON CONTRACT NO. 0277-05 WHEREAS, the Arizona Board of Regents is empowered by AR.S. 9 15-1627(F) to maintain the University of Arizona Police Department for the purposes stated therein and by A.R.S. 9 15-1625 to enter into contracts on behalf of the University of Arizona Police Department, and WHEREAS, the Department of Public Safety is empowered by AR.S. 941-1712 to maintain a narcotics enforcement and criminal investigation division, and WHEREAS, implementation ofthis Intergovernmental Agreement will substantially further the public safety, health, and welfare: NOW, THEREFORE, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS A "Party" means each of the governmental entities that have executed this agreement. B. "Chief Law Enforcement Officer" means that person who is a "department or agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory," as such phrase is used in AR.S. 913-3871, whether designated by appointment or election. C. "CNA" means the Pima County/Tucson Metropolitan Counter Narcotics Alliance. The governmental entities making up the CNA are the City of Tucson, Pima County, the Town ofOro Valley, the Town of Marana, the City of South Tucson, the Arizona Board of Regents, the State of Arizona and the United States Government. ARTICLE 2 PURPOSE The primary goal of the CNA is that drug enforcement in the Pima County and Tucson metropolitan areas be conducted in a concerted effort, in order to maximize available resources. Enforcement will be addressed from the street level to the international level through cooperation oflocal, State, and Federal agencies, and Arizona HIDTA initiatives. This Alliance will be an interrelated drug and anti-terrorism enforcement effort that shares resources and intelligence in the successful interdiction of illegal narcotics. ARTICLE 3 OBJECTIVES Program objectives include the following: 1. Reduce the rate of crime associated with drug trafficking and drug use. 2. Enact strategies that will serve to interdict the availability, shipment, and flow of illicit narcotics within and through the Pima County/Tucson Metro service area. 3. Employ investigative and enforcement strategies that target offenders, locations, and organizations involved in activities associated with illicit narcotics. A0009524. DOC/ 2 I, ~ I :I- ~~ l:~ i.:~:" {~ ~~~ ~~i lri~'" ,,~~ I~~I~ ,I "~. ~;~ 4. Use intelligence driven enforcement to focus collaborative resources. 5. Work toward reducing the demand, prevalence, and chronic use of illicit narcotics. ARTICLE 4 JURISDICTION The Chief Law Enforcement Officers of each of the parties hereto individually consent to the extension of peace authority into their jurisdiction or territory by the peace officers assigned to the CNA by the Chief Law Enforcement Officers ofthe other parties, in accordance with the provisions of A.R.S. S 13-3872. Nothing in this agreement shall be construed as either limiting or extending the lawful jurisdiction of any of the parties, other than as expressly set forth herein. ARTICLE 5 PLANNING AND ADMINISTRATION A. ESTABLISHMENT OF AND POWERS OF POLICY BOARD: 1. The CNA will be governed by a Policy Board having final authority for its operation. 2. The Policy Board shall establish policies to select cases to be investigated; allocate, focus, and manage project resources; and provide oversight of project investigations. 3. The Policy Board will disburse any forfeited funds or real property to members of the CNA or the County Attorney's Anti-Racketeering Fund pursuant to the provisions of A.R.S. SS 13-2314 and 13-2315, with the exception of any forfeiture generated by the participating federal jurisdictions. 4. Forfeiture investigation and analysis will be conducted by the Financial Remedies & Property Management Units assigned to CNA and administered by the Tucson Police Department. 5. The Policy Board shall meet monthly beginning January 2004. The CNA Commander shall make quarterly reports to the Policy Board. 6. Minutes will be kept of all meetings, and members shall be notified of meetings. 7. A quorum of three-quarters of the Board will be sufficient to take Board action. 1. Each member of the Policy Board shall have an equal vote. 1 2 5 6 " .iI:. B. MEMBERSHIP OF POLICY BOARD 2. The Policy Board will consist of the chieflaw enforcement officer or, in the case of federal agencies, the head of the Tucson office, from the following agencies: Pima County Sheriffs Department, Tucson Police Department, Arizona Department of Public Safety, Federal Bureau of Investigation, Drug Enforcement Administration, and Customs and Immigration Enforcement. ' l!~ 5 7' ,~ :l.. A0009524. DOC! 3 ~ , , ' 3. A single policy board member selected from among their ranks shall represent the remaining parties (participating jurisdictions) to this agreement on the poUcy board. Initially, the South Tucson Police Chief shall serve as the participating jurisdiction representative. 4. The chief officer of each law enforcement agency may appoint a designee to fill the chiefs position on the Policy Board. A designee may exercise the appointing chiefs voting rights. 5. Both the policy board chairperson and vice-chairperson positions shall rotate among the sponsoring agencies. Initially, the chairperson shall be Tucson Drug Enforcement Administration Assistant Special Agent-in-Charge and the vice-chair shall be the Tucson Police Department Chief. The terms ofthese positions shall not exceed one year. C. OPERATIONAL COMMAND Operational command of the CNA will initially be the responsibility of the Tucson Police Department. The Tucson Police Department will assign a Police Captain to command the CNA. This individual will be responsible to the Policy Board for carrying out approved policy. CNA commanders will serve a term of three years, beginning with the Tucson Police Department, and may be appointed from the Tucson Police Department, Pima County Sheriffs Department or the Arizona Department of Public Safety. With the approval of the selected agency, the policy board will select the agency that will provide the commander. D. PROJECT ADMINISTRATION AND REPORTING The Tucson Police Department shall assume responsibility for project administrative and financial matters, such as contract administration, accounting, equipment purchase, project evaluation, funding source reports, and submission of proposals for further funding. The Tucson Police Department shall establish requirements for the provision of documentation necessary to reimburse participating agencies for grant approved expenditures. All grant-funded expenditures must comply with current federal regulations and the grant contract with the Arizona Criminal Justice Commission. E. STAFF j, 11~1~1 ,i. S 11::1 "~I ~"' The CNA shall include staff from grant-funded and non-grant funded sources. Grant funded positions shall be allocated by the policy board to state or local agencies, with the perspective of encouraging and maintaining a multi-jurisdictional staff. Grant funded positions will not be allocated to federal agencies. Personnel selected to fill grant-funded positions shall be chosen in accordance with federal affirmative action guidelines. Agencies providing grant funded employees agree to pay the salaries and fringe benefits for said employees and submit documentation, as required by the Tucson Police Department, for reimbursement under the grant. Agencies Ii) I'" ,,:!! "1' ~~, '"' ~~~ A0009524,DOC/ 4 '. , 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 of time if required by state or federal regulation. Agencies providing grant funded positions shall not use these positions to supplant currently budgeted positions. F. PROVISION OF EQUIPMENT AT GRANT TERMINATION Any equipment purchased with grant funds shall be disbursed in accordance with the federal guidelines at the time the grant is terminated. The Policy Board may disburse grant funded equipment to participating agencies, if these agencies provide the Tucson Police Department with written assurance that said equipment will be used in the criminal justice system and consistent with those objectives outlined in the CNA grant application. Equipment provided by participating agencies shall be returned to the agency supplying such equipment. ARTICLE 6 EFFECTIVE DATE AND TERM This Agreement will become effective upon the day a fully executed agreement is filed in the Office ofthe Pima County Recorder and the Secretary of State pursuant to A.R.S. S 11-952 and shall continue in force until December 31,2004. In the event that other grants are forthcoming or funds from other sources become available for continuation, this agreement shall be renewed annually, not to exceed a period of five years. ARTICLE 7 TERMINATION This Agreement may be terminated at any time by mutual written consent or by any party terminating the agreement as to such party by giving not less than sixty (60) days written notice to the other parties. In the event of such termination, each party shall retain possession of its separately owned equipment and property. Any party whose participation in the Agreement is terminated for any reason, prior to the expiration of the initial term or during extended terms as specified in ARTICLE 6 above, shall return any equipment purchased with grant funds to the Policy Board. This contract is subject to cancellation by the parties pursuant to AR.S. S 38-511. ARTICLE 8 LIMITATION OF LIABILITY A For the purposes of workman's compensation, an employee of a party to this agreement, who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of another party pursuant to this particuhu intergovernmental agreement for mutual aid in 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 AR.S. S23-1022(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 provisions of A.R.S. S23-1022(E) by posting the public notice required. A0009524,DOCI 5 :1" ,"~ .,~ 5 6 2 fJ ~- ::JJ 7' d~, 3 B. Except for the purposes of worker's compensation as noted in the preceding paragraph of this Article, each party shall 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 agreement. Each party shall have the right of contribution against the other parties with respect to tort liability judgments should multiple parties under this agreement be found liable. This right of contribution shall not apply to any settlement or demand and each party shall be solely responsible for its own acts or omissions and those of its officers and employees by reason of its operations under this agreement. This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this agreement liability insurance. The parties may fulfill their obligations by programs of self-insurance providing protection. C. 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 agreement. ARTICLE 9 HUMAN RELATIONS Each party will comply with human relations provisions of its respective code and Federal Affirmative Action guidelines required by this contract. ARTICLE 10 METHOD OF EXECUTION This agreement 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. ARTICLE 11 NOTICE Any notice given pursuant to this contract shall be in writing and shall be considered to have been given when actually received by the following addresses or their agents or employees: Tucson Chief of Police Tucson Police Department 270 S. Stone Avenue Tucson, Arizona 85701 Pima County Sheriff Pima County Sheriff s Department 1750 E. Benson Hwy. Tucson, Arizona 85714 Director, AZ Department of Public Safety P.O. Box 6638 Phoenix, Arizona 85005 A0009524.DOCI 6 I, I I , . 1 2~ i"'"' l,:~ I~:) ~(, ~~~~ C'" ~, II d!1\ South Tucson Chief of Police South Tucson Police Department P.O. Box 7307 South Tucson, Arizona 85725 Marana Chief of Police Marana Police Department 13291 N. Lon Adams Marana, Arizona 85653 Oro Valley Chief of Police Oro Valley Police Department 680 W. Calle Concordia Oro Valley, Arizona 85737 Chief of Police University of Arizona Police Department 1852 E. 1 st Street Tucson, Arizona 85721 IN WITNESS WHEREOF, the Chief Law Enforcement Officer or Chief Executive Officer of the parties hereto have severally given their respective consents authorized by A.R.S. S 13-3872 and the parties hereto have executed this agreement by and through their respective officers duly authorized. 1.. 2 c:~ ..) S' ~ I~f b '''''}' 4 5 A0009524 DOC! 7 CNA I.G.A. CONTRACT NO. 0277-05 CONSENTS BY CHIEF LAW ENFORCMENT OR EXECUTIVE OFFICERS ~tI- Tucson Chief of Police PARTIES TO THIS AGREEMENT ATTEST: By cj{JjllPJ J W City Clerk January 25. 2005 ~~T:::O~&icr~oration January 25. 2005 REVIEWED AND APPROVED AS TO FORM: Pursuant to A.R.S. 9 11-952, the attorneys for the Parties hereto have this !t_day of -:s-~ , 200Sdetennined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. k:U~ City of Tucson-Attorney NO~ 2. '19.:::LL_ Filed with the Secretary of State 9=d: l- Z~-CJ~ · r:L ~ ~,,'19 t!. .,'_. ',f'.'~ ,,$ "~ .~ ~"",!.~tkL&..L- Secretary of State By: V cJC> {AO009524. DOC/} 8 . , , . j" A'~lll ,~~ ~~ E~I 2 ISI! ft",." ~~~ ',;,r 4, ~', ...:1 " .- -- --- -F :-ARN' RODRIGUEZ;--RECORDER. ..' RECORDED BY: JAS DEPUTY RECORDER 8542 PE3 DOCKET:: .--.- _. ---.- -12562- PAGE: 5747 NO. OF PAGES: 8 SEQUENCE: 20051031021 OS/27/2005 AG 16:24 CCCLK TUCSON CITY CLERK 255 W ALAMEDA TUCSON AZ 85701 PICKUP AMOUNT PAID $ 8.50 - C;()!\JTr~1AC.r __' ~/-//-;:.. /3-'1/"7/. tJ501 AMENDMErH NO, JNTERGOVERNMENTAL AGREE FOR PTh1ACOUNTY/ruCSON METROPOLITAN COUN1ER N ": number mwst ao:sar on all Invoices, corres::::c::;r:::e and documents pertaining to this CSeJrmS_ALLIANCE CNA) . WHEREAS, the City of Tucson has r=ived a grant of federal funds from the Arizona Criminal Justice Commission in the total amount of $867,770 for administration of a multi-agency drug task force in the Tucson metropolitan area designated as the Pima CountyiTucson Metropolitan C.ounter Narcotics Alliance (hereinafter "CNAY', and WHEREAS, the Arizona Criminal Justice Commission may from time to time provide the City of Tucson with additional grants to implement such law enforcement projects, and .: .. WHEREAS, Pima County has received a grant of federal funds for eleven positions assigned to the Pima CountyiTucson Metropolitan Counter Narcotics Alliance, from the federal progrnm High Intensity Drug Trafficking Areas (hereinafter "HIDTA"), to further its primazy goal of significantly reducing unlawful narcotics activity in the Pima County metropolitan area, and .. . WHEREAS, the City of Tucson, Pi.ma County, the Town of Oro Valley, the Town ofMarana, the City of South Tucson, the Arizona Board of regents, and the State of Arizona, pursuant to ARS. S13-3872, and in accordance with the provisions of ARS. Title II, Chapt& 7, Article 3, and as authorized by appropriate action of the governing body for each party, desire to enter into this mutual aid agreement on behalf of their yarious law enforcement agencies with respect to such grants, and -,.'. '. ":;" , . '.~. . . WHEREAS, the City of Tucson is empowered by Tucson Charter (:'h..apter X, Secti~; 7, t~ ""'~lnt8in a Police Department for the purposes stated herein and is authorized to contract by Tucson Charter: Chapter XJ.;' Section 1, and . . .,-,. ... .'. ,.'.' --. .. .,.- ... ..' .,.... ," WHEREAS, the Sheriff of Pima County is empowered by ARS. S 11-441, et.seq. to maintain a Sheriff's Department far the purposes stated therein and the Connty Board of Supervisors is empowered by ARS S 11- 201 to enter into contracts on behaIf.of the County Sheriff s Departmen~ ~9: . lei WHEREAS, the Town of Oro Valley is empowered by ARS. Title9 to contract andby A,R-S. S9- 240(B)(12) to maintain the Oro Valley Police Department for the purpose stated therein, and ,..." . WHEREAS, the Town of Marana is empowered by ARS, Title 9 tocontnlctancI bY,AR.S. S9- 240(B)(12) to maintain a Police Department for the purposes stated therein, and WHEREAS, the City of South Tucson is empowered by Ais. Title 9 to co~;acf~d by AR.S. S 9- 240(B)(12) ta maintain the South Tucson Police Department for the purposes stated therein, and WHEREAS, the Arizona Board of Regents is empowered by A.RS~" 315-1627cF)'~~aintaID :the liniversity of A.c-izona Police Department for the purposes stated therein and by ARS. 315-1625 to enter into contracts on behalf .of the liniversity of .A.ri.zona Police Depa.rtment, and . -w~::E?~.~: the DeparrrLlenr ofrJblic ciery is empO~Tered. by ..~F__S. 941..17l2 to m:;ilnr::ri'L a TIar"concs enforcement and criminal invesrigarion division, and 1 EX B TO RESOLUTION NO. 20002 CITY OF TUCSON CONTRACT 'NO. 0277-05. 3. ~ ~ ... 19 5 7 4 '7 WHEREAS, implementation of this Intergovernmental Agreement will substantially further the public safety, health, and welfare: NOW, THEREFORE, me parties do hereby agree as follows: ARTICLE I DEFmITIONS A "Party" means each of the governmental entities that have executed this agreenlent B. "Chief Law Enforcement Officer" means that person who is a "department or agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory," as such phrase'is used in AR.S. 813-3871, whether designated by appointment or election. C. "CNA" means the PUna CountyfTucson Metropolitan C01111ter Narcotics Alliance. The governmental entities making up the CNA are me City of Tucson, Pima County, the Tovvn of Oro Valley, the Town of Marano., the City of South Tucson, the AriZona Board of Regents, the State of Arizona and the United States Government. ARTICLE 2 PURPOSE The primary goal of the CNA is that drug enforcement in the Pima County and Tucson metropolitan areas be conducted in a concerted effort, in order to max.imi.ze available resources. Enforcement will be addressed from the street level to the international level through cooperation of local, State, and Federal agencies, and Arizona HIDT A initiatives. TIlls Alliance will be an interrelated drug and anti-terrorism enforcement effort that shares resources and intelligence in the successful interdiction of illegal narcotics. r- ARTICLE 3 OBJECTIVES Program objectives include the following: 1. Reduce the rate of crime associated with drug trafficking and drug use. 2. Enact strategies that will serve to interdict the availability, shipment, and flow of illicit narcotics 'within and through the Pima CountyfTucson Metro service area 3. Employ investigative and enforcement strategies that target offenders, locations, and organizations involved in activities associated with illicit narcotics. 4. Use intelligence driven enforc..."Went to focus collaborative resourceS. "' \J.,~ork tov,rard reducing tile demand., pTe\"alen::e, and Ch1"OIDC use of illici! narcotics. . ,. 1 2 ~,., ,;/~ b 2 19 I; ~~:~~ll 4 ~~ ~,,"~1 ARTICLE 4 JURISDICTION The Chief Law Enforcement Officers of each of 1he parties hereto individually consent to 1he extension of peace authority into their jurisdiction or territory by the peace officers assigned to the CNA by the Chief Law Enforcement Officers of the other parties, in accordance with the provisions of AR.S. ~13-3872. Nothing in this agreement shall be construed as either limiting or extending the lawful jurisdiction of any of the parties, other 1han as expressly set forth herein. ARTICLE 5 PLA.N1\I1NG AND ADMINISTRATION A. Establishment of and Powers of Policy Board: 1. The CNA ",>ill be governed by a Policy Board having final authority for its operation. 2. The Policy Board shall establish policies to select cases to be investigated; allocate, focus, and manage project resources; and provide oversight of project investigations. 3. The Policy Board will disburse any forfeited funds or real property to members of the CNA or the County Attorney's Anti-Racketeering Fund pursuant to the prO\>isions of A.R.S. ~~13-2314 and 13-2315, with the exception of any forfeiture generated by the participating federal jurisdictions. 4. Forfeiture investigation and analysis will be conducted by the Financial Remedies & Property Management Units assigned to CNA and administered by the Tucson Police Department. 5. The Policy Board shall meet monthly beginning January 2004. The CNA Commander shall make quarterly reports to the Policy Board. 6. Minutes will be kept of all meetings, and members shall be notified of meetings. 7. A quorum of three-quarters of the Board ",>ill be sufficient to take Board action. B. MEMBERSHIP OF POLICY BOARD 1. Each member of the Policy Board shall have an equal vote. 2. The Policy Board ",ill consist of the chieflaw enforcement officer or, in the case of federal agencies, the head of the Tucson office, from the following agencies: Pima County Sheriff's Department, Tucson Police Department, Arizona Department of Public Safety, Federal Bureau of fuvestigation, Drug Enforcement Administration, and Customs and Immigration Enforcement. ~ .'., ,'1~, ~" ".1 1I~'" r.:l ..., ,~. 3. A single policy board member selected from among their ranks shall represent the remaining parties (participating jurisdictions) to this agreement on the policy board. Initially, the South Tucson Police Chief shall sen'e as the participatingjurisdi~tion representative. f.l S "'l~1 ,/ 4, 1~ 4_ The crief ofnc.er of eac111av;/ enforceInel~t ageTIcy~ 1112)' ctI_11)oint a designee to fin the c.hief.s position alL the Polic.)~ 3oarcl.. ..~ designee Inay ex.erc:ise. tl1e appOTIltTIlg cl-Liefs "'~'~Oti:lg rights. 3. 5. Both the policy board chairperson and vice-chairperson positions shall rotate among the sponsoring agencies. Initially, the chairperson shall be Tucson Drug Enforcement Admillistration Assistant Special Agent-in-Charge and the vice-chair shall be the Tucson Police Department Chief The terms of these positions shall not exceed one year. C. OPER.A.TIONAL COMM.A.ND Operational command of the CNA will initially be the responsibility of the Tucson Police DepartmenL The Tucson Police Department will assign a Police Captain to command the CNA. This individual will be responsible to the Policy Board for carrying out approved policy. CNA commanders will serve a term of three years, beginning with the Tucson Police Department, and may be appointed from the Tucson Police Department, Pima County Sheriffs Department or the Arizona Department of Public Safety. With the approval of the selected agency, the policy board w-ill select the agency that will provide the commander. D. PROJECT ADMINISTRATION AND REPORTING The Tucson Police Department shall assume responsibility for project administrative and financial matters, such as contract administration, accounting, equipment purchase, project evaluation, funding source reports, and submission of proposals for further funding. The Tucson Police Department shall establish requirements for the provision of documentation necessary to reimburse participating agencies for grant approved expenditures. All grant-funded expenditures must comply with current federal regulations and the grant contract with the Arizona Criminal Justice Commission. E. STAFF The CNA shall include staff from grant-funded and non-grant funded sources. Grant funded positions shall be allocated by the policy board to state or local agencies, with the perspective of en~uraging and maintaining a multi-jurisdictional staff Grant funded positions will not be allocated to federal agencies. Perso1lllel selected to fill grant-funded positions shall be chosen in accordance with federal affirmative action guidelines. Agencies providing grant funded employees agree to pay the salaries and :fringe benefits for said employees and submit documentation, as required by the Tucson Police Department, for reimbursement under the grant 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 of time if required by state or federal regulation. Agencies providing grant funded positions shall not use these positions to supplant currently budgeted positions. F. PROVISION OF EQUIPI\.1ENT AT GRANT TERMINATION Any equipment purchased with grant funds shall be disbursed in accordance with the federal guidelines at L.~e time the grant is telminated. The Policy Board may disbmse gram funded equipment to pfu-ricipating agencies~ if these. agencies provid.e tIle TU_CSOD_ Polie;e Deparrrllellt \~.ilh v\TItteil aSSUf311c.e. that said equipment \1\:111 be used irl L.1e crlli-llnal justice s)rstem and con.sistent ~ith tllose objeCDy-eS outluled TIl tile CN~1\. grant application. EqllipITlellt p!<:n.i.dec b)- p81Licipatlilg 4 L j" ~2 ;:" ~,,~~ It::' I"J ? !Illl.. ~~J 51 7 U'''' "~ lS:I agencies shall be returned to the agency supplying such equipment. ARTICLE 6 EFFECTIVE DATE AND TERM This agreement will become effective upon fue day a fully execUted agreement is filed in the Office of the Pima County Recorder pursuant to AR.S. ~ 11-952 and shall continue in force until December 31, 2004. In fue event fuat other grants are forthcoming or funds from other sources become available for . continuation, this agreement shall be renewed annually, not to exceed a period of five years. ARTICLE 7 TERMINATION This Agreement may be terminated at any time by mutual Wlltten consent or by any party terminating fue agreement as to such party by giving not less than sixty (60) days written notice to the other parties. In the event of such termination, each party shall retain possession of its separately owned equipment and property. Any party whose participation in the Agreement is terminated for any reason, prior to the expiration of the initial term or during extended terms as specified in ARTICLE 6 above, shall return any equipment purchased with grant funds to the Policy Board. This contract is subject to cancellation by the parties pursuant to AR.S. ~38-511. ARTICLE 8 LIMITATION OF LIABlLITY A For the purposes of workman's compensation, an employee of a party to this agreement, who works 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 in 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 ARS. ~23-1 022(D) and fue primary employer pa..-ty of such an employee shall be solely liable for payment of worker's compensation benefits for the purpose of this section. Each party hereiri shall comply with provisions of AR.S. ~3-l 022(E) by posting the public notice required. B. Except for fue purposes of worker's compensation as noted in fue preceding paragraph of this Article, each party shall 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 agreement Each party shall have the right of contribution against the other parties with respect to tort liability judgments should multiple parties under this agreement be found liable. TIris right of contribution shall not apply to any settlement or demand and each party shall be solely responsible for its own acts or omissions and those of its officers and employees by reason of its operations llllder this agreement This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this agreement liability insurance. The parties may ful:fill their obligations by programs of self-insurance providing protection. elTIplo:y'e-es incurred. as a result of ope:-arroIls under this ~~ I e-errreilt. ~, <I.. C:;' iEl V;:l 2: 61 5 1: ",I 3. c. Each pa."ty agr"'"ves to be solely responsible for 3..."'l)' expense resulTing :from industrial insurance by its 5 ARTICLE 9 HUMAN RELATIONS Each party will comply wi1h human relations provisions of its respective code and Federal Affirmative Action guidelines required by this contract. ARTICLE 10 METHOD OF EXEClITION This agreement may be executed in one or more identical counterparts each of which shall be deemed an original, but all of which taken toge1her shall constitute one agreement. ARTICLE 11 NOTICE Any notice given pursuant to this contract shall be in writing and shall be considered to have been given when actually received by 1he following addresses or 1heir agents or employees: Tucson Chief of Police Tucson Police Department 270 S. Stone Ave. Tucson, Arizona 85701 Pima County Sheriff Pima County Sheriff s Department 1750 E. Benson Hwy. Tucson, Arizona 85714 Director, AZ Department of Public Safety P.O. Box 6638 Phoenix, Arizona 85005 Sou1h Tucson Chief of Police South Tucson Police Department P.O. Box 7307 South Tucson, Arizona 85725 Marana Chief of Police Marana Police Department 13291 N. Lon Adams Marana, Arizona 85653 Oro Valley Chief of Police Ora Valley Police Depa.-rtment 680 W. Calle Concordia Ora Valley, Arizona 85737 3. ", ~'" IIhl"' ",,~ ,.. 8i ~'~~ IIlB~, ~:~, n"'I" .::'1 ';1" U:'" ,,:~ :2 6 ,! Chief of Police University of Ariwna Police Department 1852 E. 1st Street Tucson, Arizona 85721 IN WITNESS WHEREOF, the Chief Law Enforcement Officer or drief Executive Officer of the parties hereto have severally given their respective consents authorized by ARS. ~13-3872 and the parties hereto have executed 1his agreement by and through their respective officers duly authorized. J l. :2: ~. .,~ f:1 :2 ~~ s:r ..1 t"7 G~ ,,:1 3 CNA I.G.A CON1RACT NO. CONSENTS BY CHIEF LAW ENFORCEMENT OR EXECUTIVE OFFICERS ctP2-L ?n-P Pima County Sheriff PARTIES TO TIllS AGREEMENT ATTEST: County of Pima, a body politic on behalf of Pima County Sheriff BY~.~ Clerk of the Board ~~~ Chairman, Board of Supervisors MAY 11 2004 REVIEWED AND APPROVED AS TO FORM: Pursuant to AR.S. ~11-952, the attorneys for the Parties hereto have this I~ day of ~ ' 20~ determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. ~ Pima Attorney 8 NO. 27Q7Z Filed with the SecretarY 2f State :led: I -z ~ -~f.t:J .' Y~'.,R: ~ '5 6 2 m 5 7' 5 4 ... F. ANN RODRIGUEZ, RECORDER RECORDED BY: JAS DEPUTY RECORDER 8542 PE3 DOCKET: 12562 PAGE: 5755 NO. OF PAGES: 8 SEQUENCE: 20051031022 OS/27/2005 AG 16: 24 CCCLK TUCSON CITY CLERK 255 W ALAMEDA TUCSON AZ 85701 PICKUP AMOUNT PAID $ 8.50 INTERGOVERNMENTAL AGREEMENT FOR PIMA COUNTY/TUCSON METROPOLITAN COYNTERNARCOTICS ALLIANCE (CNA) WHEREAS, the City of Tucson has received a gTant of federal funds from the Arizona Criminal Justice Commission in the total amount of $867,770 for administration of a multi-agency drug task force in the Tucson metropolitan area designated as the Pima County/Tucson Metropolitan Counter Narcotics Alliance (hereinafter "CNA)", and WHEREAS, the Arizona Criminal Justice Commission may from time to time provide the City of Tucson with additional gTants to implement such law enforcement projects, and WHEREAS, Pima County has received a gTantof federal funds for eleven positions assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance, from the federal progTam High Intensity Drug Trafficking Areas (hereinafter "HIDTA"), to further its primary goal of significantly reducing unlawful narcotics activity in the Pima County metropolitan area, and WHEREAS, the City of Tucson, Pima County, the Town ofOro Valley, the Town of Marana, the City of South Tucson, the Arizona Board of regents, and the State of Arizona, pursuant to AR.S. 913-3872, 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 aid agTeement on behalf of their various law enforcement agencies with respect to such gTants, and WHEREAS, the City of Tucson is empowered by Tucson Charter Chapter X, Section 7, to maintain a Police Depaliment for the purposes stated herein and is authorized to contract by Tucson Charter Chapter XV, Section I, and WHEREAS, the Sheriff of Pima County is empowered by AR.S. 911-441, et.seq. to maintain a Sheriff's Department for the purposes stated therein and the County Board of Supervisors is empowered by ARS 911-201 to enter into contracts on behalf of the County Sheriffs Department, and WHEREAS, the Town of Oro Valley is empowered byAR.S. Title 9 to contract and by AR.S. 99- 240(B)(12) to maintain the Oro Valley Police Department for the purpose stated therein, and WHEREAS, the Town of Marana is empowered by A.R.S. Title 9 to contract and by AR.S. 99- 240(B)(12) to maintain a Police Department for the purposes stated therein, and WHEREAS, the City of South Tucson is empowered by AR.S. Title 9 to contract and by AR.S. 9 9- 240(B)(12) to maintain the South Tucson Police Department for the purposes stated therein, and WHEREAS, the Arizona Board of Regents is empowered by AR.S. 915-1627(F) to maintain the University of Arizona Police Department for the purposes stated therein and by A.R.S. 915-1625 to enter into contracts on behalf of the University of Arizona Police Department, and WHEREAS, the Department of Public safety is empowered by AR.S. 941-1712 to maintain a narcotics enforcement and criminal investigation division, and 1 ~x C- TO RESOLUTION NO. 2cx;(::iL 0277-05 CITY OF TUCSON CONTRACT NO. 1 2 5 6 :2 !lJ 5 7 c. ::J 5 WHEREAS, implementation of this Intergovernmental Agreement will substantially further the public safety, health, and welfare: NOW, THEREFORE, the parties do hereby agree as follows: ARTICLE I DEFINITIONS A. "Party" means each of the governmental entities that have executed this agreement. B. "Chief Law Enforcement Officer" means that person who is a "department or agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory," as such phrase is used in A.R.S. 913-3871, whether designated by appointment or election. C. "CNA" means the Pima County/Tucson Metropolitan Counter Narcotics Alliance. The governmental entities making up the CNA are the City of Tucson, Pima County, the Town of Ora Valley, the Town of Marana, the City of South Tucson, the Arizona Board of Regents, the State of Arizona and the United States Government. ARTICLE 2 PURPOSE The primary goal of the CNA is that drug enforcement in the Pima County and Tucson metropolitan areas be conducted in a concerted effort, in order to maximize available resources. Enforcerrient will be addressed fram the street level to the international level through cooperation of local, State, and Federal agencies, and Arizona HIDTA initiatives. This Alliance will be an interrelated drug and anti-terrorism enforcement effort that shares resources and intelligence in the successful interdiction of illegal narcotics. ARTICLE 3 OBJECTIVES Program objectives include the following: 1. Reduce the rate of crime associated with drug trafficking and drug use. 2. Enact strategies that will serve to interdict the availability, shipment, and flow of illicit narcotics within and through the Pima County/Tucson Metro service area. 3. Employ investigative and enforcement strategies that target offenders, locations, and organizations involved in activities associated with illicit narcotics. 4. Use intelligence driven enforcement to focus collaborative resources. 5. Work toward reducing the demand, prevalence, and chronic use of illicit narcotics. 2 j, 2: I, ~l ,~"' ij~ bi '7 ~:~ 6 ARTICLE 4 JURISDICTION 'The Chief Law Enforcement Officers of each of the parties hereto individually consent to the extension of peace authority into their jurisdiction or tenitory by the peace officers assigned to the CNA by the Chief Law Enforcement Officers of the other parties, in accordance with the provisions of A.R.S. 913- 3872. Nothing in this agreement shall be construed as either limiting or extending the lawful jurisdiction of any of the parties, other than as expressly set forth herein. ARTICLE 5 PLANNING AND ADMINISTRATION A. Establishment of and Powers of Policy Board: 1. The CNA will be governed by a Policy Board having final authority for its operation. 2. The Policy Board shall establish policies to select cases to be investigated; allocate; focus, and manage project resources; and provide oversight of project investigations. 3. The Policy Board will disburse any forfeited funds or real property to members of the CNA or the County Attorney's Anti-Racketeering Fund pursuant to the provisions of A.R.S. 9913-2314 and 13-2315, with the exception of any forfeiture generated by the participating federal jurisdictions. . 4. Forfeiture investigation and analysis will be conducted by the Financial Remedies & Property Management Units assigned to CNA and administered by the Tucson Police Department. 5. The Policy Board shall meet monthly beginning January 2004. The CNA Commander shall make quarterly reports to the Policy Board. 6. Minutes will be kept of all meetings, and members shall be notified of meetings. 7. A quorum of three-quarters of the Board will be sufficient to take Board action. B. MEMBERSHIP OF POLICY BOARD 1. Each member of the Policy Board shall have an equal vote. 2. The Policy Board will consist of the chief law-enforcement officer or, in the case of federal agencies, the head of the Tucson office, from the following agencies: Pima County Sheriffs Department, Tucson Police Department, Arizona Department of Public Safety, Federal Bureau of Investigation, Drug Enforcement Administration, and Customs and Immigration Enforcement. 3. A single policy board member selected from among their ranks shall represent the remaining parties (participating jurisdictions) to this agreement on the policy board. Initially, the South Tucson Police Chief shall serve as the participating jurisdiction representative. 4. The chief officer of each law enforcement agency may appoint a designee to fill the chiefs position on the Policy Board. A designee may exercise the appointing chiefs voting rights. 3 j. ~! c' ...) 8 :2 ~j I'" .:1 '7P 5 7' 5. Both the policy board chairperson and vice-chairperson positions shall rotate among the sponsoring agencies. Initially, the chairperson shall be Tucson Drug Enforcement Administration Assistant Special Agent-in-Charge and the vice-chair shall be the Tucson Police'Department Chief. The tem1S of these positions shall not exceed one year. C. OPERATIONAL COMMAND Operational command of the CNA will initially be the responsibility of the Tucson Police Department. The Tucson Police Department will assign a Police Captain to command the CNA. This individual will be responsible to the Policy Board for carrying out approved policy. CNA conm1anders will serve a term of three years, beginning with the Tucson Police Department, and may be appointed from the Tucson Police Department, Pima County Sheriff s Department or the Arizona Department of Public Safety. With the approval of the selected agency, the policy board will select the agency that will provide the commander. D. PROJECT ADMINISTRATION AND REPORTING The Tucson Police Department shall assume responsibility for project administrative and financial matters, such as contract administration, accounting, equipment purchase, project evaluation, funding source reports, and submission of proposals for further funding. The Tucson Police Department shall establish requirements for the provision of documentation necessary to reimburse participating agencies for grant approved expenditures. All grant-funded expenditures must comply with current federal regulations and the grant contract with the Arizona Criminal Justice Commission. E. STAFF The CNA shall include stafffrom gi'ant-funded and non-grant funded sources. Grant funded positions shall be allocated by the policy board to state or local agencies, with the perspective of encouraging and maintaining a multi-jurisdictional staff. Grant funded positions will not be allocated to federal agencies. Personnel selected to fill grant-funded positions shall be chosen in accordance with federal affinnative action guidelines. Agencies providing grant funded employees agree to pay the salaries and fi-inge benefits for said employees and submit documentation, as required by the Tucson Police Department, for reimbursement under the grant. 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 of time if required by state or federal regulation, Agencies providing grant funded positions shall not use these positions to supplant currently budgeted positions. 1" ~'1 ~1~~, r.~I" "~ ~5 A"'~I .iI:, F. PROVISION OF EQUIPMENT AT GRANT TERMINATION (~~ a~'" .~ 1~'11 '"'" ,;)1 ~:~ Any equipment purchased with grant funds shall be disbursed in accordance with the federal guidelines at the time the grant is terminated. The Policy Board may disburse grant funded equipment to participating agencies, if these agencies provide the Tucson Police Department 4 with written assurance that said equipment will be used in the criminal justice system and consistent with those objectives outlined in the CNA grant application. Equipment provided by participating agencies shall be returned to the agency supplying such equipment. ARTICLE 6 EFFECTNE DATE AND TERM This agreement will become effective upon the day a fully executed agreement is filed in the Office of the Pima County Recorder pursuant to AR.S. 911-952 and shall continue in force until December 31, 2004. In the event that other grants are forthcoming or funds from other sources become available for continuation, this agreement shall be renewed annually, not to exceed a period of five years. ARTICLE 7 TERMINATION This Agreement may be terminated at any time. by mutual written consent or by any party terminating the agreement as to such party by giving not less than sixty (60) days written notice to the other parties. In the event of such termination, each party shall retain possession of its separately owned equipment and property. Any party whose participation in the Agreement is tern1inated for any reason, prior to the expiration of the initial term or during extended terms as specified in ARTICLE 6 above, shall return any equipment purchased with grant funds to the Policy Board. This contract is subject to cancellation by the parties pursuant to AR.S. 938-511. ARTICLE 8 LIMITATION OF LIABILITY A For the purposes of worlanan's compensation, an employee of a party to this agreement, who works 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 in 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 AR.S. 923- 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 provisions of AR.S. 923-1022(E) by posting the public notice required. B. Except for the purposes of worker's compensation as noted in the preceding paragraph of this A1iicle, each party shall 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 agreement. Each party shall have the right of contribution against the other parties with respect to tort liability judgments should multiple parties under this agreement be found liable. This right of contribution shall not apply to any settlement or demand and each party shall be solely responsible for its own acts or omissions and those of its officers and employees by reason of its operations under this agreement. This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this agreement liability insurance. The parties may fulfill their obligations by programs of self-insurance providing protection. t ~~: ,.. ~~ [:!~ ~~ r~ ~; "''''!III l r"~ 9 5 , , C. 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 agreement. ARTICLE 9 HUMAN RELATIONS Each party will comply with human relations provisions of its respective code and Federal Affirmative Action guidelines required by this contract. ARTICLE 10 METHOD OF EXECUTION This agreement 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. ARTICLE 11 NOTICE Any notice given pursuant to this contract shall be in writing and shall be considered to have been given when actually received by the following addresses or their agents or employees: Tucson Chief of Police Tucson Police Department 270 S. Stone Avenue Tucson, Arizona 85701 Pima County Sheriff Pima County Sheriffs Department 1750 E. Benson Hwy. Tucson, Arizona 85714 Director, AZ Department of Public Safety P.O. Box 6638 Phoenix, Arizona 85005 South Tucson Chief of Police South Tucson Police Department P.O. Box 7307 South Tucson, Arizona 85725 Marana Chief of Police Marana Police Department 13291 N. Lon Adams Marana, Arizona 85653 j, '" ~1~", ~I""I ,,:~ ',g',' 1 ~~ , '~ ~~., Ora Valley Chief of Police Oro Valley Police Department 680 W. Calle Concordia Oro Valley, Arizona 85737 ~J! "',' "~"I ',", "" n:~ o lSll 6 " Chief of Police University of Arizona Police Department 1852 E. 15t Street Tucson, Arizona 85721 IN WITNESS WHEREOF, the Chief Law Enforcement Officer or Chief Executive Officer of the parties hereto have severally given their respective consents authorized by A.R.S. S 13-3872 and the parties hereto have executed this agreement by and through their respective officers duly authorized. :1.. :~! ~.. ~~ ~::) 2 ~S'J r::' ,,;1 7 6 j. 7 CNA I.G.A. CONTRACT NO. CONSENTS BY CHIEF LAW ENFORCEMENT OR EXECUTIVE OFFICERS ~.] .} ~ Oro Valley ChiefOf olice PARTIES TO THIS AGREEMENT ATTEST: BY~/c;..~ To n Clerk TOWN OF ORO V ALLEY, municipal corporation BY~~ Mayor -- REVIEWED AND APPROVED AS TO FORM: ~ , Pursuant to A.R.S. S 11-952, the attorneys for the Parties hereto have this /9 day of ,/(/O V ' , 2004 determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. ~$ Town ofOro Valley Attorney ~!O. .2,Q,'"S _~ ..... ~~~~th tile Secretary...Qf ~ a~,itJl~' I',led: 1- '2""":) - · dY /J f',' .,_', ,._c ' ~~;~~.f/~,.'~<~(J!r{ -;7 -~ ',,--. .____,LL {/ SecretarY 0' State, By: 8 f, . , :1. ~",JII ~. U::i I~~~ ~j III ll'" ;=~ "'" E~" .d' r'; J,~ f F. ANN RODRIGUEZ, RECORDER .RECORDED BY: JAS DEPUTY RECORDER 8542 PE3 CCCLK TUCSON CITY CLERK 255 W ALAMEDA TUCSON AZ 8570J.. DOCKET: J..2562 PAGE: 5763 NO. OF PAGES: 8 SEQUENCE: 2005J..03J..023 OS/27/2005 AG J..6: 24 PICKUP AMOUNT PAID $ 8.50 INTERGOVERNMENTAL AGREEMTh 1 FOR PTh1A COUNTYITUCSON METROPOLITAN COUNTER NARCOTICS ALLLA...NCE (CNA) WHEREAS, the City of TUCSOD has received a grant offederal funds from the Arizona Criminal Justice Commission in the total amount of S867, 770 for adrninistrarion of a multi-agency drug task force in the Tucson metropolitan area designated as the Pima Countyffucson Metropolium COlIDter Narcotics Alliance (bereinafter "CNA)", and WHEREAS, the Arizona Criminal Justice Commission may from time to time prO\~de the City ofT ucson with additional grants to imPlement such law enforcement projects, and WHEREAS, Pima County has r=ived a grant of federal funds for eleven positions assigned to the Pima COUlJtylfUCSOD Metropolitan. Counter Narcotics Alliance, from the fed.ernl program High Intensity Drug Trafficking AreaS (hereinafter "HIDTA''), to :furtlIer its primary goal of significantly reducing unlawful narcotics actiYity in. the Pima COWlty metropolitan area, and ' WHEREAS, the City of Tucson, Pima COlmty, the Town of Oro Valley, the Town ofMarana; the City of South 'RIeson. the Arizona Board. of regents, and the State" of Aiizona, pursuant to AR.S. SI3-3872, and in accordance with the provisions of AR.S. Title II, Chapter 7, Article 3, and as authorized by appropriate aaion of the governing body for each party, desire to enter into this mutual aid agreement on behalf of their various law enforc=ient ag'encies with respect to such grants, and WHEREAS, the City'gf T~son is empowered by Tucson Chmer Chapter X. Section 7, to maintain a Police Department for the PUIJ'Oses stated herein and is authori=lto contract by Tucson Charter Chapter ),,"1, Section L and . WHEREAS, the Sheriff of Pima County is empowered by AR.S. 811441, etseq. to maintain a Sheriff's Department for the purposes stated therein and the County' Board of Supervisors is empowered by ARS SII- 20 I to enter into contracts on behalf of the COlIDty Sheriffs Department, and WHEREAS, the Town of Oro Valley is empowered by A..R.S. Title 9 to contract and by AR.S. g9- 240(BX12) to!Illlinmin the Ora Valley Police DepaI1lDent for the purpose stated therein, and WHEREAS, the Town of M~a is =powered by AR.S. Title 9 to contract and by ARS. S9- 240(BX12) to maintain a Police Department for the purposes stated. therein, and 'W"HEREAS, the City of South Tucson is empowered by ARS. Title 9 to contract and by A.R.S. S 9- 240(B)(12) to maintain the South Tucson Police Department for the purposes stated. therein, and \\'HERE..\S, the Arizona Board of Regents is =powered.- by AR.S. S15-1627(F) to maintain the T.JrJversity of Arizona Poli~ Department for the purpos.."'S S\3.ted therein and by AR.S. Sl5-162:' to enter into co::ltra=t> aD behalf of th~ lini\"e:-sir:' of Arizona Polic: Depa.~en!. and -\\ -t"':ERE.A..s~ me De'?':"'i..a.le:l! of rJ'bli.: .szf~:y is e::l?~\,.e:"e.:: by .~R..S. 341..1 :-I:: t~ :::ri.-:::6 :; ::s=~ri:s er-..ior~:il~7 and criw..i.r.a1 ~J\ -es:ig3ri or: a!\ iSl on~ a11d 1 EX \) TO RESOLUTION NO. 20::)(::>"2- CITY OF TUCSON CONTRACT NO. Q277-05 1 2 5 6 2 l!l 5 7 6 :3 WHEREAS, implementation of this Intergovernmental Agreement will subSUlntialJy further the pubric safety, health, and welfare; NOW, TIiEREFORE, the parties do hereby agree as folJows: ARTICLE I DEFINITIONS A. "PartyH means each of the governmental entities that have executed this agreement B. "Chief Law Enforcement Officer" means that person who is a "department or agency head \Vith peace officer jtrrisdictiOD, or his dilly authorized representative, having the primary responsibility for law enfor~ent within the jurisdiction or teoitory," as such phrase is used in AR.S. S13-3871, whether designated by appointment or election. C. "CNA" means the Pima Countylfucson Metropolitan C01D1rer Narcotics Alliance. The governmental entities making up the CNA are the City ofTucSoD, Pima County, the Town of Ora Valley, the Town of Mar3na, the City of South Tucson, the Arizona Board of Regents, the Stale of Arizona and the United . States Government ~ :..- . ARTICLE 2 PURPOSE. The primary goal of the CNA is that drug enforcement in the Pima Cotmly and Tucson metropolitan areas be conducted in a concerted effort, in order to rn.aximize available resources. Enforce.roent will be addressed from the street level to the intematioDallevel through cooperation of local. Sl3l:e, 3Ild Federal agencies, and Arizona HIDT A initiatives. This Alliance will be an int:e:rrelated drug and anti-terrorism enforcement effort that shares resour~ ~d intelligence in ~e succCssfu1 interdi~on of illegal narcotics. ARTICLE 3 OBJECTIVES Program objectives inc1ude1he following: 1. Reduce the rate of crime associated with drug trafficking and drug use. 2. Enact strategies that will serve to interdict the availability, shipment, and flow of illicit narcotics within and through 1he Pima Countyrrucson Metro service area 3. Employ investigative and enforcement str31egies that target offenders, locations, and organizations involved in activities associated with illicit narcotics. 4. Use intelligence driven enforc...-ment to focus collaborative resourc..."'S. - 5. \\-ork roward re.dllcmg tile demand pre\'alence. and chronic LL~ ofillicirnarcotics. 2 :l. "~I 11::1 ""') I~~ ~ ':i~ l~ .:'l "7 ~:ii li~l, ARTICLE 4 JURlSDICIlON The Chief Law Enforcement Officers of each of the parties hereto indivj dually consent to the extension of peace authority into their jurisdiction or territory by the peace officers assigned to the Cl\A by the Chief taw Enforcement Officers of the other parries, in accordance with the provisions of A.R.S. gI3-3872. Nothing in this agreement shaII be consrrued as eidler limiting or extending the lawful jurisdiction 0 f any of tbe parties, other than as ex-press]y set forth herein. ARTICLE 5 PL~WG AND ADMINISTRA nON A. Establishment of and Powers of Policy Board: I. The CNA ",rill be governed by a Policy Board having final authority for its operation. 2. The Policy Board shall establish policies to select cases to be investigated; allocate. focus. and manage project resources; and provide oversight of project investigations. 3. The Policy Board wiil disburse any forfeited funds or real property to n1embers of tbe-CNA or the ;.....Gounty AttQrney's Anti-lUicketeering Fund pursuant to-tbe provisions of A.RS. ~13-2314 and 13-13]5, with.tb~ exception of any forfeiture generated by the p~cipating federal jurisdictions. 4. Forfeiture investigation and analysis will be conducted by the Financial Remedies & Property Management Units assigned to CNA and administered by the Tucson Police Department 5. The Policy Board shall meet monthly beginning January 2004. The CNA Cormrumder shall make quarterly reports to the Policy Board. . 6. Minutes will be kept of all meetings. and members shall be notified of meetings. 7. A quorum of three -quarters of the Board will be sufficient to take Board action. B. MEMBERSHIP OF POLICY BOARD 1. Each member of the Policy Board shall have an equal vote. 2. The Policy Board will consist of the cb.ieflaw enforcement officer or. in the case of federal agencies, the head of the Tucson office, from the following agencies: Pima COUIlty Sheriffs Department, Tucson Police Department, Arizona Department of Public Safety, Federal Bmeau of Investigation., Drug Enforcement Administration., and ~ustoms and Immigration Enforcement ~" :2 !'~ ,~ ~.~I ~;I -" 3. A single policy board member selected from among tbe;r ranks shall represent the remaining parties (participating jurisdictions) to this agreement OD ~e policy board. Initially. the South Tucson Police Chief shall serve as the participating: }wisdi:::tion representative. l~~ 1:',' ~I !~ b 5 ..;- -nle chief ~ffice: of e::;;h Ie"'. enfo:-~erne;1L agency !:1ty appoL11 2 desig:nee f0 :1n :h~ .:bj~fs :'0siriQT: 0:1 t~e Poli.:y 3~27j. .~. de5iC1e~ C2\O exe:-::se ~i= G:JD0i..'1m~C ::hief ~ \.:::=~: ~!::'~5. .. .. - - .. .. - - .... 3 5. Both the policy board chairperson and vice-chairperson positions shall rotate amon!!. the sponsoring agencies, Initially, the chairperson shall be Tucson Drug Enforcement .~dministration Assistant Special Agent-in-Charge and the vice-chair shall be the Tucson Police Deparnnent Chief The terms of these positions shall not exceed one year. C. OPERATIONAL COMM.A.ND Operational command of the CNA will initially be the responsibility oftbe Tucson Police Department The Tucson Police Deparnnent will assign a Police Captain to command the CNA. Tbis individual wiIJ be responsible to the Policy Board for carrying out approved policy. . CNA commanders will serve a term of three years, beginning with the Tucson Police Department, and may be appointed from the Tucson Police Department, Pima County Sheriff s Department or the Arizona Department of Public Safety. With tl1e approval of the selected 3gency, the policy board will select the agency that will provid~ the commander. D. PROJECf ADMINISTRATION AND REPORTING The Tucson Police Dep~~t shall asswne responsibilitj for p~ojed: adrninistnUive and financial matters. such as contract administration, accounting. equipment pw:cbase, project eva1uatio~ funding j?}lIce r~~ and subnlission of prop?sa1s ~or finther furuling: . The TuCson Police Department sMIl establish requirements for the provision of documentation necessary to reimburse participating agencies for grant approved expenditures. All grant-funded expenditures must comply.with current fedei-al regulations and the grant contract with the Arizona Criminal Justice Commission. E. STAFF. The CNA shall include staff from grant-funded and non-grant funded sources. Grant funded positions shall be allocated by the policy board to state or local agencies, with the perspective of encourngiDg and maintaining a multi-jurisdictional staff.,. Grant funded positions will.not be allocated to federal agencies. Personnel selected to:fill grant-funded positions shall be chosen in accordance with federal affirmative action guidelines. Agencies providing graIlt funded employ~ agree to pay the. salaries and fringe benefits for said employees and submit documentarian, as required by the Tucson Police Department. for reimbursement tmder the grant 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 of time if required by state or federal regulation. Agencies providing grant funded positions shall not use these positions to supplant currently budgeted positions. f. PROVISION OF EQUIPIvfEr..:"T AT GRANT TERMINA nON ~ Any equipment purchased ~1th grant funds shall be disbursed in accordance with the fede,aJ ~uidelines at the tinle me !!ra,..,r is te~ninared. The ?~!j:;-\. Box-a m~v disbuz-se IT3.!it f~.,de~' - - ..- , ... .. ~ . ' .". - ;:) .. - - --- - - . .:-:. equIpmen.t fO pa.-uClp::....--mg. ag:nCles~ ::'7 r!Jes'e ag.en~.les prO\.iae tne .:. U:-S='!l 1 oa::e U~ r--":";' ~.;.!~';'H h a~~ ....:_ _ __ . - -:,.'l --.; - . '11" - ~:- -' - -. . -i:. - .~.. ~.. r....~ ~ .-l ~."'--;--..-- \\ .u.Le:1 as~t.L.-a:.J......e tha:" ~..... e",,! I.oU.pm.;:n" \~1" 0: u~e.... .lll ul; .....n....~..:i.J. ..f..!~:;'~"'- ~..\ S ...,...L; .:.:.i~ ......;...~~;:h'w:h ... ..' ..... r'" .. . ;:::' - - .;~ .: 1-. ,-~"",:.' _..: \'11tn tHese o:ue:r:\"es ounmea. :r~ rne "-'~"..~" g:-~r Z;J;J:l1C2.:Jon. .-q~!?~ie~i PolO' lUe~ L'} :-:~ i.J _lp.:.....:!:g t ~2~ l::i 6 ~,~ ,(,:" m 5 Pl 8 IEli 4 agencies sh.a11 be returned to the agency supplying such equipment. ARTICLE 6 EFFECITVE DA IE ANTI TERM This agreement will become effective upon the day a fully executed agreement is filed in the Office of the Pima Counly Recorder pursuant to A.R.S. ~11-952 and shall coritinue in force until December 31, 2004. In the event that other grants are forthcoming or funds from other sources become available for continuation, this agreement shall be renewed annually, Dot to exceed a period of five years. ARTICLE 7 TERMlNATION This Agreement may be terminated at any time by mutual written consent or by any party terminating the agreement as to such party by giving Dot less than sixty (60) days written notice to the other parties. In the event of such termination. each party shall retain possession of its separately owned equipment and property. Any party whose participation in the Agreement is terminated for any reason, prior to the expirarion of the initial term or during extended terms as specified in ARTICLE 6 above, sh.alI return any equipment purchased with grant fimds to the Policy Board. . ~ This con~ is subject to cancellation by the parties pursuant to ARS. ~38-5l ]. .~. ARTICLE 8 LIMITATION OF LIABILITY A For the purposes of workman's compensation, an employee of a party to this agreement, who works under the jurisdiction or control of: or who works within the jurisdictional boWldaDes of another partj-" pursuant to this particn1ar intergovernmental agreement for mutual aid in 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 ARS. S23-1 022(D) and the primary employer pany 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 provisions of A.R.S. ~3-l 022(E) by posting the public notice required. B. Except for the puzposes ofwotker's compenSation as noted in the preceding paragraph of this Article, each party sbal1 be solely responsible and liable for claims, demands or judgmc::nts (including costs,. expenses and attorney fees) resulting frOm personal injury to any person or damage to any property arising out ofits own employee's performance under this agreement Each party shall have the right of contribution against the other parties with respect to tort liability judgments should multiple parties under this agreement be found liable. This right of contribution shall not'a:ppl)' to any settlement or demand and each party shall be solely responsible for its O'A-n acts or omissions and those of its officers and employees by reason of its operations under this agreement This respoIlSlbility includes automobile liability. Each party represents that it shall maintain for the duration of this agreement liabili~ ~ce" The parries may fulfill their obligario~ by programs of self-insurance pro\.iding protection. 1 ril' ~J~~: r.~ Ir~~ '"'~ ~;,.. C ~ h b I" .. ~ .. ~ " -.' 1., . . !-2~ pa.:--r:r agroes to e so ely responsIble rar a:~' e:,.:?::~se resw:mg I;"0ITI L"1~US:::-;3.: ,;1s:;:a,"1:::e ~.y Its emplC':-ees in:;tL-red as a le.5ul~ of O?e:-a.ri.O!!3 tL"1d=:- 6;~ ~~e-~~r.. lSl 5 7 S '7 5 ARTICLE 9 HUMAN RELATIONS Each party will comply with hwnan relations pro\;sions of its respective code and Federal :\ffirmative Action guidelines required by this contract. ARTICLE 10 ME1BOD OF EXEClJTION This agreement may be executed in one or more identical COlmterparts each of which shall be deemed an originaL but all of which taken together shall constitute one agreement. ARTICLE 11 NOTICE AJJ.y notice given pursuant to this contract shall be in writing and shall be considered to have been given when actually received by the following addresses or their agents or employees: , Tucson Chief of Police Tucson Police Department 270 S. Stone Ave. Tucson, Arizona 85701 ~ :.-. . ~ County Sheriff Pima County Sheriff's Department 1750 E. Benson Hwy. Tucson, Arizona 85714 Director, AZ Department of Public Safety P.O. Box 6638 Phoenix, Arizona 85005 South Tucson Chief of Police S~lUth Tucson Police Department P.O. Box 7307 South Tucson, Arizona 85725 Marana Chief efPelice' . Marana Police Department 13291 N. Lon Adams Ma:ran.a, Arizona 85653 Ora Valley Chief of Police Oro Valley Police Department 680 W. Calle Concordia Oro Valley, Arizona 85737 - t ~~ ~.., T~~ f:l '''1' ,"!. ~ ,:;li "," 11:) :e-~ 6 Chief of Police University of A.rizona Poli~ Deparonenr 1852 E. JstStreet Tucson, Arizona 8572 i IN \VITNESS 'W'HEREOF, the Chief Law Enforceme:ot Officer or Chief Executive Officer of the parties herero have severally given their respective consents authorized by ARS. SB-3872 and the parties hereto bave executed this agreement by and through their respective officers duly authorized . :...... i,. 7 j, :2 C:" ,~l ~~ ';1:', "'", l$~ 11;:" ,..l 7 f;i !:J . ; CNALG.A. CONTRACT NO. CONSENTS BY CHIEF LAW ENFORCEMENT OR EXECUTIVE OFFICERS ~d Marana Chief of Police PARTIES TO THIS AGREEMENT ATTEST: TOWN OF MARANA ~ F May: U --- REVJEWED AND APPROVED AS TO FORM: ~ to ARS. !11-952, the attorneys fur the Parties hereto have this /~~ of ~ ' 1POl determined that the foregoing Agreement is in proper form, and is within the powers an authority granted under the laws of this State. ~,\,un"1fl. ~'_... OF M-4 ~ ..*~ '\-;.,\,'U"1t,~ f1~ ";;:0 ~ ~., ~ ::: ~ ~ cQRPORAri\. ':P ~ ... ~ ClC)O :. = - -SEAL- - ... ~ ;:: .... ~ ~ ~ ~ ~ ~ ~ ~ ~ "'1::'lIm'\\~ ~ ~ 'T/Z ~gl'~ ~/1.{lin\\\~ :1.. :.~ 5 Eii ~~ fjli ~"WI "~ "I 'j~ r.~ .,~~J s~. 12 By: " F. ANN RODRIGUEZ, RECORDER RECORDED BY: JAS DEPUTY RECORDER 8542 PE3 DOCKET: 12562 PAGE: 5771 NO. OF PAGES: 8 SEQUENCE: 20051031024 OS/27/2005 AG 16:24 CCCLK TUCSON CITY CLERK 255 W ALAMEDA TUCSON AZ 85701 PICKUP AMOUNT PAID $ 8.50 INTERGOVERJ"\l1JENTAL AGREEMENT FOR PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) WHEREAS, the City of Tucson has received a grant offederal funds from the Arizona Criminal Justice Commission in the total amount of $867,770 for administration of a multi-agency drug task force in the Tucson metropolitan area designated as the Pima County/Tucson Metropolitan Counter Narcotics Alliance (hereinafter "CNA)", and WHEREAS, the i~'izona Criminal Justice Commission may from time to time provide the City of Tucson with additional grants to implement such law enforcement projects, and \VHEREAS, Pima County has received a grant of federal funds for eleven positions assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance, from the federal program High Intensity Drug Trafficking Areas (hereinafter "HIDTA"), to further its primary goal of significantly reducing unlawful narcotics activity in the Pima County metropolitan area, and WHEREAS, the City of Tucson, Pima County, the Tovm ofOro Valley, the Town of Maran a, the City of South Tucson, the Arizona Board of regents, and the State of Arizona, pursuant to AR.S. 913-3872, 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 aid agreement on behalf of their various law enforcement agencies with respect to such grants, and " WHEREAS, the City of Tucson is empowered by Tucson Charter Chapter X, Section 7, to maintain a Police Department for the purposes stated herein and is authorized to contract by Tucson Charter Chapter XV, Section I, and WHEREAS, the Sheriff of Pima County is empowered by A.R.S. 911-441, et.seq. to maintain a" Sheriff's Department for the purposes stated therein an"d the County Board of Supervisors is empowered by ARS 911-201 to enter into contracts on behalf of the County Sheriffs Department; and WHEREAS, the To'NIl of Oro Va1ley is empowered by A.R.S. Title 9 to contract and by AR.S. 99- 240(B)(12) to maintain the Oro Va1ley Police Department for the purpose stated therein, and WHEREAS, the To'NIl of Marana is empowered by AR.S. Title 9 to contract and by AR.S. 99- 240(B)(12) to maintain a Police Department for the purposes stated therein, and WHEREAS, the City of South Tucson is empowered by AR.S. Title 9 to contract and by A.R.S. S 9- 240(B)(12) to maintain the South Tucson Police Department for the purposes stated therein, and WHEREAS, the Arizona Board of Regents is empowered by AR.S. 915-1627(F) to maintain the University of ..ouizona Police Department for the purposes stated therein and by AR.S. 915-1625 to enter into contracts on behalf of the University of ,tv-izona Police Department, and WHEREAS, the Department of Public safety is empowered by AR.S. 941-1712 to maintain a narcotics enforcement and criminal investigation division, and 1 EX ~ TO RESOLUTION NO:2CC02.. 0277-05 CITY OF TUCSON CONTRACT NO. 1 :2 5 8 2 iii 1:' :l 7 7 1. WHEREAS, implementation of this Intergovernmental Agreement will substantially further the public safety, health, and welfare: NOW, THEREFORE, the parties do hereby agree as fonows: ARTICLE I DEFINITIONS A. "Party" means each of the governmental entities that have executed this agreement. B. "Chief Law Enforcement Officer" means that person who is a "department or agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory," as such phrase is used in A.R.S. 913-3871, whether designated by appointment or election. C. "CNA" means the Pima County/Tucson Metropolitan Counter Narcotics Alliance. The governmental entities making up the CNA are the City of Tucson, Pima County, the Town of Oro Valley, the Town of Marana, the City of South Tucson, the Arizona Board of Regents, the State of Arizona and the United States Government. ARTICLE 2 PURPOSE The primary goal of the CNA is that drug enforcement in the Pima County and Tucson metropolitan areas be conducted in a concerted effort, in order to maximize available resources. Enforcement will be addressed from the street level to the international1evel through cooperation of local, State, and Federal agencies, and Arizona HIDT A initiatives. This Alliance will be an interrelated drug and anti-terrorism enforcement effort that shares resources and intelligence in the successful"interdiction of illegal narcotics. ARTICLE 3 OBJECTIVES Program objectives include the following: 1. Reduce the rate of crime associated with drug trafficking and drug use. 2. Enact strategies that will serve to interdict the availability, shipment, and flow of illicit narcotics within and through the Pima County/Tucson Metro service area. 3. Employ investigative and enforcement strategies that target offenders, locations, and organizations involved in activities associated with illicit narcotics. 4. Use intelligence driven enforcement to focus collaborative resources. 5. Work toward reducing the demand, prevalence, and chronic use of illicit narcotics. . 2 ~ .d~ !2 _b - ~ - II'II~ ~~"" ~~ a"" ,;;:31 7 '7 :2 . \ .,' ARTICLE 4 JURISDICTION The Chief Law Enforcement Officers of each of the parties hereto individually consent to the extension of peace authority into their jurisdiction or territory by the peace officers assigned to the CNA by the Chief Law Enforcement Officers of the other parties, in accordance with the provisions of AR.S. 913- 3872. Nothing in this agreement shall be consTIlJed as either limiting or extending the lawful jurisdiction of any of the parties, other than as expressly set forth herein. ARTICLE 5 PLANNING AND ADMINISTRATION A. Establishment of and Powers of Policy Board: 1. The CNA will be governed by a Policy Board having final authority for its operation. 2. The Policy Boa1'd shall establish policies to select cases to be investigated; allocate, focus, and manage project resources; and provide oversight of project investigations. 3. The Policy Board will disburse any forfeited funds or real property to members of the CNA or the County Attorney's Anti-Racketeering Fund pursuant to the provisions of A.R.S. 9913-2314 and 13-2315, with the exception of any forfeiture generated by the participating federal j urisdi cti ons. 4. Forfeiture investigation and analysis will be conducted by the Financial Remedies & Property Management Units assigned to CNA and administered by the Tucson Police Department. 5. The Policy Board shall meet monthly beginning January 2004. The CNA Commander shall make quarterly reports to the Policy Board. 6. Minutes will be kept of all meetings, and members shall be notified of meetings. 7. A quorum of three-quarters of the Board will be sufficient to take Board action. B. MEMBERSHIP OF POLICY BOARD 1. Each member of the Policy Board shall have an equal vote. 2. The Policy Board will consist of the chief law enforcement officer or, in the case of federal agencies, the head of the Tucson office, from the following agencies: Pima County Sheriffs Department, Tucson Police Department, Arizona Department of Public Safety, Federal Bureau of Investigation, Drug Enforcement Administration, and Customs and Immigration Enforcement. 3. A single policy board member selected from among their ranks shall represent the remaining parties (participating jurisdictions) to this agreement on the policy board. Initially, the South Tucson Police Chief shall serve as the participating jurisdiction representative. 4. The chief offker of each law enforcement agency may appoint a designee to fill the chief's position on the Policy Board. A designee may exercise the appointing chief s voting rights. 3 1- :2 5 _ ~Ei . - 2 r.~~ 5 ....' '"7' J 5. Both the policy board chairperson and vice-chairperson positions shall rotate among the sponsoring agencies. Initially, the chairperson shall be Tucson Drug Enforcement Administration Assistant Special Agent-in-Charge and the vice-chair shall be the Tucson Police Department Chief. The terms of these positions shall not exceed one year. c. OPERATIONAL COMMAND Operational command of the CNA will initially be the responsibility of the Tucson Police Department. The Tucson Police Department will assign a Police Captain to command the CNA. This individual will be responsible to the Policy Board for carrying out approved policy. CNA commanders will serve a term of three years, beginning with the Tucson Police Department, and may be appointed from the Tucson Police Department, Pima County Sheriff s Department or the Arizona Department of Public Safety. With the approval of the selected agency, the pol~cy board will select the agency that will provide the commander. D. PROJECT ADMINISTRATION AND REPORTING The Tucson Police Department shall assume responsibility for project administrative and financial matters, such as contract administration, accounting, equipment purchase,. project evaluation, funding source reports, and submission of proposals for further funding. The Tucson Police Department'shall establish requirements for the provision of documentation necessary to reimburse participating agencies for grant approved expenditures. All grant-funded expenditures must comply with current federal regulations and the grant contract with the Arizona Criminal Justice Commission. E. ST AFF The CNA shall include staff from grant-funded and non-grant funded sources. Grant funded positions shall be allocated by the policy board to state or local agencies, with the perspective of encouraging and maintaining a multi-jurisdictional staff. Grant funded positions win not be allocated to federal agencies. Personnel selected to fill grant-funded pos1tlOns shall be chosen in accordance with federal affinnative action guidelines. Agencies providing grant funded employees agree to pay the salaries and fringe benefits for said employees and submit do,cumentation, as required by the Tucson Police Department, for reimbursement under the grant. 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 of time if required by state or federal regulation. Agencies providing grant funded positions shall not use these positions to supplant currently budgeted positions. 1 :2 is --~6 2~ Any equipment purchased with grant funds shall be disbursed in accordance with the federal guidelines at the time the grant is terminated. The Policy Board may disburse grant funded equipment to participating agencies, if these agencies provide the Tucson Police Department ijl. ~.~ ") '7' "'1 4 F. PROVISION OF EQUIPMENT AT GRANT TERMINATION 4 with written assurance that said equipment will be used in the criminal justice system and consistent with those obj ectives outlined in the CNA grant application. Equipment provided by participating agencies shall be returned to the agency supplying such equipment-. ARTICLE 6 EFFECTNE DATE AND TERM This agreement will become effective upon the day a fully executed agreement is filed in the Office of the Pima County Recorder pursuant to A.R.S. 911-952 and shall continue in force until December 31, 2004. In the event that other grants are forthcoming or funds from other sources become available for continuation, this agreement shall be renewed annually, not to exceed a period of five years. ARTICLE 7 TERMINATION This Agreement may be terminated at any time by mutual written consent or by any party tenninating the 'agreement as to such party by giving not less than sixty (60) days written notice to the other parties. In the event of such termination, each party shall retain possession of its separately owned equipment and property. Any party whose participation in the Agreement is terminated for any reason, prior to the expiration of the initial tern1 or during extended terms as specified in ARTICLE 6 above, shall return any equipment purchased with grant funds to the Policy Board. This contract is subject to cancellation by the parties pursuant to AR.S. 938-511. ARTICLE 8 LIMITATION OF LIABILITY A. For the purposes of workman's compensation, an employee ofa party to this agreement, who works 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 in 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. 923- 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 co,mply with provisions of A.R.S. S23-1022(E) by posting the public notice required. B. Except for the purposes of worker's compensation as noted in the preceding paragraph of this Article, each party shall 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 agreement. Each party shall have the right of contribution against the other parties with respect to tort liability judgments should multiple parties under this agreement be found liable. This right of contribution shall not apply to any settlement or demand and each party shall be solely responsible for its own acts or omissions and those of its officers and employees by reason of its operations under this agreement. This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this agreement liability insurance. The parties may fulfill their obligations by programs of self-insurance providing protection. 5 1, :2 1:"" '''' - ~; -.' :2 m ~ "7 '5 C. 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 agreement. ARTICLE 9 HUMAN RELATIONS Each party will comply with human relations provisions of its respective code and Federal Affirmative Action guidelines required by this contract. ARTICLE 10 METHOD OF EXECUTION This agreement may be executed in one or more identical counterparts each of which sha1l be deemed an original, but all of which taken together shan constitute one agreement. ARTICLE 11 NOTICE Any notice given pursuant to this contract sha1l be in writing and shall be considered to have been given when actually received by the following addresses or their agents or employees: Tucson Chief of Police Tucson Police Department 270 S. Stone Avenue Tucson, Arizona 85701 Pima County Sheriff Pima County Sheriff s Department 1750 E. Benson Hwy. Tucson, Arizona 85714 Director, AZ Department of Public Safety P.O. Box 6638 Phoenix, Arizona 85005 South Tucson Chief of Police South Tucson Police Department P.O. Box 7307 South Tucson, Arizona 85725 Marana Chief of Police Marana Police Department 13291 N. Lon Adams Marana, Arizona 85653 Oro Valley Chief of Police Oro Valley Police Department 680 W. Calle Concordia Oro Valley, Arizona 85737 6 . lit "-~ ,t", r::i Ji ---2 ISJ f:i 111 ',~ E) , hereto have severally given their respective consents authorized by A.R.S. 913-3872 and the parties hereto have executed this agreement by and through their respective officers duly authorized. 7 :l I'"J ,l.. D"'lI'I ,,:1 _ .-6 . - :2 ~ 7 '1 '7" .: CNA I.G.A. CONTRACT NO. CONSENTS BY CffiEF LAW ENFORCEMENT OR EXECUTIVE OFFICERS :=;~* Ohd If South Tucson Chief of Police ATrEST: ~lrj'u LW.~w ~ Ci lerk REVIEWED AND APPROVED AS TO FORM: - Pursuant to A.R.S. ~11-952, the attorneys for the Parties hereto have this..J...!!L.- day of AfRU , 200f determined that the foregoing Agreement is in proper form., and is within the powers and authority granted under the laws of this State. ~ ~~ I!'.~' I!;~ ~~ NO. 27q7~ Filed with the Secret~ of State ~.ai.~. :i.e.d: /- 25... ..- ~ d ~,/) (,,~,(!/ . .... .. ,:21,l~'qj Secretary of 'tate ~\:~ ~ ~:) 1"11 J '7 E~ . 11 By: ------F:-ANN-RODRIGUEZ-;-RECO~ER------.-- ---------nOCKET :- 12562--- ... RECORDED BY: JAS PAGE: 5779 DEPUTY RECORDER NO. OF PAGES: 9 8542 PE3 SEQUENCE: 20051031025 OS/27/2005 16:24 CCCLK TUCSON CITY CLERK 255 W ALAMEDA TUCSON AZ 85701 PICKUP AG AMOUNT PAID $ 9.00 ll\TTERGOVERN1v1ENTAL AGREffi.JENT FOR Pfi1A COUNTYIWCSON .METROPOLITAN COUN1ER NARCOTICS ALLL.<\NCE (CNA) ""'HEREAS, the City of Tucson has received a grant of federal funds from the luizona Criminal Justice Commission in the total amOlmt of $867,770 for administration of a multi-agency drug task force in the Tucson metropolitan area designated as the Pima Countyffucson Metropolitan Counter Narcotics Alliance (hereinafter. "CNAr, and WHEREAS, ,the luizona Criminal Justice Commission may from time to time provide the City of Tucson ~~th additional grants to implement such lav,' enforcement projects, and WHEREAS, Pima County has received a grant of federal funds for eleven positions assigned to the Pima Countyffucson Metropolitan Counter Narcotics Alliance, from the federal program High. Intensity Drug Trafficking Areas (hereinafter "HIDTA"), to further its primary goal of ,significantly reducing unlawful narcotics activity in the Pima County metropolitan area, and - WHEREAS, tile City of Tucson, Pima County, the Town of Oro Valley, the Town ofM..arana, the City of South Tucson, the Arizona Board of regents, and the State of Arizona, pursuant to A.RS. gI3-3872, and in acCordance wjththe provisions of ARS. Title 11, Chapter 7, Article 3, and asanthorlzed by appropriate action of the. governing body for each party, desire to enter into this mutual aid agreement on behalf of their various l~w enforcement agencies mth respect to such grants, and . . . WHEREAS, fue City of Tucson is empowered by Tucson Cha:I+..er Chapter X, Section-7;:tomllin~in a. Police Department forfue purposes stated herein and is authorized to contract by Tucson Charter Chapter XV, . Section 1, and the Town of Marana is empowered by ARS. Title 9 to contract an4 by ARS. g9- to ~tain a Police Department for the purposes stated therein, and 1 WHEREAS, the City of South Tucson is empowered by ARS. Title 9 to contract and by ARS.g 9- to ~tain the South Tucson Police Department for th.e purposes stated therein, and WHEREAS, the Arizona Board of Regents is empowered by A.RS. gI5-1627(F) to maintain the . of Arizona Police Department for the purposes stated therein and by AR.S. gJ 5-1625 to enter into on behalf of the Universit). of _~zona Police Depa.'1ment and -\~1-iER..E_~..s~t..1.e D~a.... w-u..i..U of Pu.Pli~ .safety is e:n?o":,~-:;:'ei by .';'.F_.S. 341", 171: leI ITP-T7"!IaiIl z. :l3!":.~:rcics-<. and ~al in,restigatioil di,ision~ 3.J."1d EX ~ TO RESOLUTION NO. "'2000"2- CITY OF TUCSON CONTRACT NO.o277-OS ~ r WHEREAS, implementation of this Intergovernmental Agreement vrill SIlbstantially further the public safety, health, and welfare: NOW, TIffiREFORE, the parties do hereby agree as follows: ARTICLE I . DEFINITIONS A "Party" means each of the governmental entities that have executed this agreement B. "Chief Law Enforcement Officer" means that person who is a "department or agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory," as sUch phrase is used in AR.S. g13-3871, whether designated by appointment or election. C. !ICNA" means the Pima Countyrrucson Metropolitan Counter Narcotics Alliance. The governmental entities making up the CNA are the City of Tucson, Pima County, the Towri of Ora Valley, the Town of Marana, the City of South Tucson, the Arizona Board of Regents, the State of Arizona and the United States Government ARTICLE 2 PURPOSE _ The primary goal of the CNA is that drug enforcement in the Pima County and Tucson metropolitan areas be -. . cOnducted in a concerted effort, in order to maximize available resources. Enforcement will be addressed from _ tl1estreet level to the illtemationallevel through cooperation of local, State, and Federal agencies, and Arizona H;JDTA initiatives.. This Alli~ce will be an interrelated drug and anti-terrorism enforcement effort that shares resources and intelligence in the SIlCcessful interdiction of illegal narcotics. - ARTICLE 3 OBJECTIVES objectives mc1ude the following: Reduce the rate of crinie associated with drug trnfficking and drug use. Enact strategies t1uit vrill serve to interdict the availability, shipment, and flow of illicit narcotics within arid through the Pima Countyrrucson Metro service area Employ investigative and enforcement strategies that target offender~, locations, and organizations involved in activities associated with illicit narcotics. ~ I ~J ..- r; ; Use intelligence driven enforcement to focus collaborative resources. ,Vork toward redncillg the demand, preyalence. and CDSOniC use of 11licit narcotics. 2 ARTICLE 4 JURISDICTION The Chief Law Enforcement Officers of each of 1he parties hereto illdividually consent'to 1he eh1:ension of peace au1hority into 1heir jurisdiction or territory by 1he peace officers assigned to 1he CNA by the Chief . Law Enforcement Officers of 1he o1her parties, ill accordance with the provisions of AR.S. ~13-3872. Notlring ill this agreement shall be construed as either limiting or extendIDg 1he lawful jurisdiction of any of 1he parties, other than as expressly set forth herem ARTICLE 5 PLANt-IlNG AND ADMINISTRATION A. Establishment of and Powers of Policy Board: 1. The CNA ,,,ill be governed by a Policy Board having final au1hority for its operation. 2. The Policy Board shall establish policies to select cases to be investigated; allocate, focus, and manage project resources; and provide oversight of project investigations. 3. The Policy Board will disburse any forfeited funds or real property to members of 1he CNA or the CoUnty Attorney's Anti-Racketeering Fund pursuant to the provisions ofA.R.S. ~~13-23l4 and 13-2315, with 1heexception of any forfeiture generated by 1he participating federal jurisdictions. Forfeitureillvestigation and analysis will be conducted by the Fillancial-Remedies & Property Management Units assigned t~ CNA and administered by the Tucso:Q Police Department. The Policy Board shall meet monthly beginning January 2004. The CNA Commander shall make qp.arterly reports to the Policy Board. Minutes will be kept of all meetings, and members shall be notified of meetings. . . o A quorum. ofthree'::quarters of the Board Vlrill be Sufficient to take Board action. MEMBERSHIP OF POLICY BOARD . Each member of the Policy Board shall have an equal vote. The Policy Board will consist of the chief law enforcement officer or, in the case offederal agencies, the head of the Tucson office, from the following agencies: Pima County Sheriffs Department, Tucson Police Department, Arizona Department of Public Safety, Federal Bureau of Investigation., Drug Enforcement Administration., and Customs and Immigration Enforcement. l " f . '0 A single policy board member selected from arpong their ranks shall represent the remaining parties (participating jurisdictions) to this agreement on the policy board. Initially, the South . Jucson Polic~ Chief shall serve as the participating jurisdiction representative. I .". The -c:bj.efofficer.Qf each lav\r enforce:l11el1tagency 1118)' appoint 8 designee to fill the cltief s positionon_tq.e Polic.y Board. ..~. desigp..ee, Ina)~ ex.e.r:.ise the a.~}?::l7";lti:lg chief ~ '\!OtTIlg rights. 3 5. Both the policy board chairperson and vice-chairperson positions shall rotate among the sponsoring agencies. Initially, the chairperson shall be Tucson Drug Enforcement Administration Assistant Special Agent-in-Charge and the vice-chair shall be the Tucson Police Department Chief. The terms of these positions shall not exceed one year. . C. OPERATIONAL COMMAND Operational command of the CNA will initially be the responsibility of the Tucson Police Department. The Tucson Police Department will assign a Police Captain to corinnand the CNA This individual will be responsible to the Policy Board for canying out approved po~cy. CNA commanders will serve a tenn of three years, beginning with the Tucson Police Department, and may be appointed from the TucsonP6lice Department, Pima County Sheriff's Department or the Arizona Department of Public Safety. With the approval of the selected agency, the policy board will select the agency that will provide the commander. D. PROJECT ADMINISTRATION AND REPORTING The Tucson Police Department shall assume responsibility for project administrative and financial matters, such as contract administration, accounting, eqUipment purchase, project evaluation, funding source reports, and submission of proposals for further funding. The Tucson Police Department shall establish requin~ments for the provision of documentation necessary to reimburse participating agencies for grant approved. expenditures. . All . grant-funded expenditures must comply with current federal regulations and the graJ:!.t contract with the Arizona Criminal Justice Commission. . E. STAFF' ..TheCNA shall include staff from grant-funded and nori-grant funded sources. Grant funded positions shallbe allocated by the policy board to state or local agencies, with the perspective of encouraging and maintaining a multi-jurisdictional staff. Grant funded positions will not be allocated to federal agencies. Personnel selected to fill grant-funded positions shall be chosen in accordance with federal affirmative action guidelines. Agencies providing grant funded employees agree to pay the salaries and fringe benefits for said employees and submit documentatioJ?, as required by th,.e Tucson Police Department, for reimbursement under the grant. Agencies receiving grant funds agree to preserve and make all salary and fringe. ,benefit records for a period of. five (5) years from the date pf final '.payment, or for a longer period of time if required by state or federaliegulation. Agencies providing grant funded positions shall not use these positions to supplant Currently budgeted positions. PROVISION OF EQUIPlvfENT AT GRANT TERMINATION ~~ ,. ~ ~ . " I Any equipment purchased with g:I:ant funds shall be disbursed in accordance with the 'federal ... guidelines at the time the crant is te11umated. The Policy Board may disbul"se grant funded ...... . _ r'; ,01 -- equipment to pac ,~cipating agencies, ifthese, Rsencies pwvide t'le Tucson Police Dep~-tment with v,.ri~eI1assuran.:e triat ssid equipment v{ill be used in the c.riminal justice system and c.onsistent 'iJiith those objectiyes omlilled i,' rhe Cl\/'..gram applica:ion. Equipmer~t pwyided by pa..'LiciparLllg 4 agencies shall be returned to the agency supplying such equipment. ARTICLE 6 EFFECTIVE DATE ANTI TERM This agreement will become effective upon 1he day a fully executed agreement is filed in the Office of the Pima CmID:ty Recorder pursuant to AR.S. ~ 11-952 and shall continue in force 1m.til December 31; 2004. In the event that other grantS' are forthcoming or funds from other sources become available for continuation,1his agreement shall be renewed annually, not to exceed. a period of five years. ARTICLE 7 TERMINATION This Agreement may be terminated at any time by mutual wri.tten consent or by any party terminating the agreement as to such party by giving not less than siA1:y (60) days written notice to the other parties. In the event of such temrination, each party shall retain possession of itS separately owned equipment and property. Any party 'whose participation in the Agreement is terminated for any reason., prior to the expiration of the initial term or during extended terms as specified in ARTICLE 6 above, shall return any equipment purchased wi1h grant funds to the Policy Board This contract is subject to cancellation by the parties pursuant to AR.S. ~38-5Il. . . ARTICLE 8 LIMITATION OF LIABllXIY For the purposes of workrrum's compensation., an employee of a Pa:rtY to this agreement, who works under the jurisdiction ()r control of, or who -works within the jurisdictional boundaries of another party pursuant to this particular intergovernmental agreement for mutual aid in law enforcement, shp11 be deemed to be an employee of the party who is the employee's primary employer and of the party under whose juli.sdiction and control the employee is then working as provided in AR.S. S23-1022(D) and the primaxy 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 \\rith provisions 0.f1 AR.S. ~23-1022(E) by posting the public notice required . Except for 1he purposes of worker's compensation as noted in the preceding paragraph of this Article, each party shall be solely responsible and liable for claims, demands or judgments (including costs, . and attorney fees) resulting from personal injury to any person or damage to any property of its. own employee's performance under this agreement Each party shall have the right of against the other parties with respect tQ tort liability judgments should multiple parties this agreement be found liable. This right of contri.bution shall not apply to any settlement or and each party shall be solely responsible for its own acts or omissions and those of its officers employees by reason of its operations under this agreement. This responsibility includes ailtomobile liability. Each party represents that it shall maintain for the duration of this agreement liability inSurance. The parties may fulfill their obligations by programs of self-insurance providing protection. Eac...~ pa..'1y agrees to. be solely responsible fm- aIlY expellSe resulting from industria] insura.'1ce by its eruoiO'vees incurred- as a res:llt of o~erz:io:Is under this as-e5.Tle:IL ... . - .. .... I ..~. ~. 7 ~ ::; ...; ~ ARTICLE 9 HUMAN RELATIONS Each party will comply with human relations provisions of its respective code and Federal Affirmative Action guidelines required by this contract. . ARTICLE 10 METHOD OF EXECUTION This agreement 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. ARTICLE 11 NOTICE Any notice given pursuant to this contract shall be in writing and shall-be considered to pave been given when actually received by the following addresses or their agentS or employees: Tucson Chief of Police Tucson Police Department 270 S. Stone Ave. Tucson., Arizona 85701 Pima County Sheriff Pima County Sheriff s Department 1750 E. BensonHwy. Tucson, Arizona 85714, Director, AZ Department of Public Safety P.O. Box 6638 Phoenix, Arizona 85005 South Tucson Chief of Police South Tucson Police Department. .. P.O. Box 7307 South Tucson., Arizona 85725 Marana Chief of Police Marana Police Department 13291 N. Lon Adams Marana, Arizona 85653 bro Valley Chief afPalice Ora Valley Police Department 680 W. Calle Concordia Oro Valley, Arizona 85737 ~ '- J!'! ~ 6 Chief of Police University of Arizona Police Department 1852 E. 1st Street Tucson, Arizona 85721 IN WITNESS Vv'HEREOF, the Chief Law Enforcement Officer or Chief Executive Officer of the parties hereto have severally given theirre~tive consents authorized by ARS. g13-3872 and the parties hereto have executed this agreement by and through their respective officers dilly authorized. i I ; 7 ) \ (',,'-1 " CNA I.G.A. CONTRACT NO. CONSENTS BY CHIEF LAW ENFORCEMENT OR EXECUTNE OFFICERS PARTIES TO THIS AGREEMENT Irma Alvarado-Sipp Contra cts'. Ad m in istratc r REVIEWED AND APPROVED AS TO FORM: See A~d~ina-hon AITEST: ARIZONA BOARD OF REGENTS ON BEHALF OF UNNERSITY OF ARIZONA. By . '. Pursuant to A.R.S. ~11-952, the attorneys for the Parties hereto have this _ day of , 2003 determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. , Counsel, Arizona Board of Regents 14 . ; '" ....~!, .~ m ..~ "j~ el t!."', Qi _, I , AGENCY NAME: EFFECTIVE DATE: TERMINATION DATE: AMOUNT: . '. ~- PURPOSE: INTERGOVERNMENTAL AGREEMENT DETERMHJATION STATE 'OF'ARIZONA,CITYOF TUCSON, PIMA' COUNTY, TOWN OF ORO VALLEY, TOWN OF MARANA AND THE CITY OF SOUTH TUCSON Effective upon the day a fully executed agreement is filed in the Office of the Pima County Recorder May be terminated by mutual written consent or by any party terminating the agreement as to such party by giving not less than sixty (60) days written notice to the other parties None for drug enforcement in pima County and Tucson metropolitan areas to be conducted in order to maximize available' resources ITY COLLEGE/DEPARTMENT: Police Department (UAPD) The undersigned has determin~~.that the foregoing agreement s in proper_form and is within the powers and authority under the laws of the State of Arizona to the Board tlr4 this :&2..>. .'. . 2.-,C;7 f.I ..........'......'.......I'...............i..:.....I....e............d...............-.......w...............i....t..I1....,.t..."esecreta~ State .,........;.>....!.'.leZL;~~ >- '.- . Secre ry of State ,..,,- ';'C' ._. --. .:': . " . day of morrh , 2004. Joel Sideman, Counsel Arizona Board of Regents G~ By ~A' -, Thomas M.~hO~SO i I ~ I F. ANN RODRIGUEZ, RECORDER RECORDED BY: JAS DEPUTY RECORDER 8542 PE3 DOCKET: 12562 PAGE: 5788 NO. OF PAGES: 11 SEQUENCE: 20051031026 OS/27/2005 AG 16: 24 CCCLK TUCSON CITY CLERK 255 W ALAMEDA TUCSON AZ 85701 PICKUP AMOUNT PAID $ 10.00 DFS CONTRACT NO. ~(){)l/ - ce.! INTERGOVERNMENTAL AGREEMENT FOR PIMA COUNTY !TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) WHEREAS, the City of Tucson has received a grant of federal funds from the Arizona Criminal Justice Commission in the total amount of $867,770 for administration of a multi-agency drug task force in the Tucson metropolitan area designated as "Pima Countyrrucson Metro Counter Narootics Alliance (CNA)", and WHEREAS, the Arizona Criminal Justice Commission may from time to time provide the City of Tucson with additional grants to implement such law enforcement projects, and WHEREAS, Pima County has received a grant of federal funds for eleven positions assigned to the Pima Countyrrucson Metropolitan Counter Narcotics Alliance, from the High Intensity Drug Trafficking Areas (HIDTA), to further its primary goal of significantly reducing unlawful narcotics activity in the Pima County metropolitan area, and WHEREAS, the City of Tucson, Pima County, the Town of Oro Valley, the Town of Marana, the City of 1. :2 ~ ~! South Tucson, the Arizona Board of regents, the State of Arizona, pursuant to Arizona Revised Statutes (A.RS.) 19 5 7 8 8 Section 13-3872, and in accordance with the provisions of A.RS. 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 aid agreement on behalf of their various law enforcement agencies with respect to such grants, and WHEREAS, the City of Tucson is empowered by Tucson Charter Chapter X, SectiOD. 7, to maintain a Police Department for the purposes stated herein and is authorized to contract by Tucson Charter Chapter XV, Section I, and EX C; TO RESOLUTION NO. z.coc'?- 0277-05 CITY OF TUCSON CONTRACT NO._ WHEREAS, the Sheriff of Pima County is empowered by AR.S. Section 11-441, et.seq. to maintain a Sheriff's Department for the purposes stated therein and the County Board of Supervisors is empowered by ARS Section 11-201 to enter into contracts on behalf of the County Sheriff's Department, and WHEREAS, the Town of Oro Valley is empowered by Title 9 AR.S. to contract and by AR.S. Section 9- 240.12 to maintain the Oro Valley Police Department for the purpose stated therein, and WHEREAS, the Town of Marana is empowered by Title 9 AR.S. to contract and by AR.S. Section 9- 240(B) (12) to maintain a Police Department for the purposes stated therein, and WHEREAS, the City of South Tucson is empowered by Title 9 AR.S. to contract and by AR.S. Section 9- 240 (12) to maintain the South Tucson Police Department for the purposes stated therein, and WHEREAS, the Arizona Board of Regents is empowered by AR.S. Section 15-1627.F to maintain the University of Arizona Police Departm~nt for the purposes stated therein and AR.S. Section 15-1625 empowers the Arizona Board of Regents to enter into contracts on behalf of the University of Arizona Police Department, and WHEREAS, the Department of Public safety is empowered by AR.S. Section 41-1711 et. Seq. to maintain a narcotics enforcement and criminal investigation division, and WHEREAS, implementation of this Intergovernmental Agreement will substantially further the public safety, health, and welfare: NOW, THEREFORE, the parties do hereby agree as follows: 7. l' 1 "1; II~'" I~" ""'~ I!:I~, ~:~ 2: ~~;~ ~'!!'! h~~ "~I f::t !:~ ARTICLE I DEFINITIONS A. "Party" means each of the governmental entities that have executed this agreement. B. "Chief Law Enforcement Officer" means that person who is a "department or agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory", as such phrase is used in A.R.S. Section 13-3871 whether designated by appointment or election. C. "CNA" means the Pima County!Tucson Metropolitan Counter Narcotics Alliance. The governmental entities making up the CNA are the City of Tucson, Pima County Sheriff's Department, the Town of Oro Valley, the Town of Marana, the City of South Tucson, the Arizona Board of Regents, the State of Arizona and the United States Government. ARTICLE 2 PURPOSE The primary goal of the CNA is for drug enforcement in the Pima County and Tucson Metropolitan areas to be conducted in a concerted effort in order to maximize the available resources. The enforcement issues will be addressed from the Street Level to the International Level through cooperation of Local, State, and Federal agencies, and Arizona HIDTA Initiatives. This Alliance will be an interrelated drug and anti-terrorism enforcement effort that shares resources and intelligence in the successful interdiction of illegal narcotics. ARTICLE 3 OBJECTIVES Program objectives include the following: 1. Reduce the rate of crime associated with drug trafficking and drug use. 2. Enact strategies that will serve to interdict the availability, shipment, and flow of illicit narcotics within and through the Pima County!Tucson Metro service area. 3. Employ investigative and enforcement strategies that target offenders, locations, and organizations involved in activities associated with illicit narcotics. 4. Use intelligence driven enforcement to focus our collaborative resources. 5. Work toward reducing the demand, prevalence, and chronic use of illicit narcotics. 1 2 5 61 :2 ~ .::~ 7 q m 6 ::; ARTICLE 4 JURISDICTION 'The respective Chief Law Enforcement Officers of each of the piuiies hereto individually consent that the authority of peace officers and employees assigned to the CNA by the Chief Law Enforcement Officers of the other parties shall be extended into the jurisdiction or territory of such Chief Law Enforcement Officer, in accordance with the provisions of A.R.S. Section 13-3872. Nothing in this agreement shall be construed as either limiting or extending the lawful jurisdiction of any of the parties, other than as expressly set forth herein. ARTICLE 5 PL~G AND ADMINISTRATION POLICY BOARD A. Powers of Policy Board: 1. The CNA will be governed by a Policy Board having final authority for its operation. 2. The Policy Board shall establish policies to: select cases to be investigated, allocate, focus, and manage project resources; and provide oversight of project investigations. 3. The Policy Board will disburse any forfeited funds or real property to members of CNA or the County Attorney's Anti-Racketeering Fund pursuant to the provisions of A.R.S. Section 13-2314 and 13- 4315, with the following exception: Any forfeiture generated by the participating federal jurisdictions. Forfeiture investigation and analysis will be conducted by the Financial Remedies & Property Management Units assigned to CNA and administered by TPD pursuant to the IGA between the City of Tucson and Pima County. 4. The Policy Board shall meet monthly beginning January 2004. The CNA Commander shall make quarterly reports. 5. Minutes will be kept of all meetings, and members shall be notified of meetings. 6. A quorum of three -quarters of the Board will be sufficient to vote on policy matters. ~ 4 .. ::1- ..'~ ~"' 1~~, le:ll ~;~ r~! ~~I .~~1! ~::! r...~1 1, B. Membership of Policy Board 1. Each member of the Policy Board shall have an equal vote. 2. The chief executive officer of each sponsoring agency participating in the CNA shall be a member of the Policy Board. (pima County Sheriff's Department, Tucson Police Department, Arizona Department of Public Safety, and the Tucson Offices of the Federal Bureau ofInvestigation, Drug Enforcement Administration, and the Bureau of Customs and Immigration Enforcement). .3. A single policy board member selected from among their ranks shall represent the remaining . jurisdictions. On January 01, 2004. South Tucson Police Chief shall serve as the participating jurisdiction representative. 4. The chief officer of each law enforcement agency may appoint a designee to fill his or her position on the Policy Board. 5. The policy board chairperson shall be a rotating position among the sponsoring agencies as will be the vice-chair position. As of January 01,2004 the opening chairs will be Tucson DEA ASAC, Chairman, and the Tucson Police Department Chief, vice-chair. Chairperson terms shall not exceed 1 year. 6. Any designee shall have the same voting rights as the chief officer. C. OPERATIONAL COMMAND Operational command of the CNA will initially be the responsibility of the Tucson Police Department. The Tucson Police Department will assign a Police Captain to command the CNA. This individual will be responsible to the Policy Board for carrying out approved policy. CNA commanders will serve a term of three years and may be appointed from the Tucson Police Department, Pima County Sheriff's Department or the Arizona Department of Public Safety at the option of the policy board. D. PROJECT ADMINISTRATION AND REPORTING The Tucson Police Department shall assume responsibility for project administrative and financial matters, such as contract administration, accounting, equipment purchase, project evaluation, funding source reports, and submission of proposals for further funding. The Tucson Police Department shall establish requirements for the provision of documentation necessary ~i.. 2: n"'" "") 6 2 to reimburse participating agencies for grant approved expenditures. All grant-funded expenditures must comply with federal regulations as specified in OMB M7100.1C. and the grant contract with the Arizona Criminal Justice Commission. ~ l""" ,., '''7 9 '"'~ J.. :1 E. STAFF The CNA shall include staff from grant-funded and non-grant funded sources. Grant funded positions shall be allocated by the policy board with the perspective of encouraging and maintaining a multi- jurisdictional staff, with the e4xception of funding federal members. Personnel selected to fill grant-funded positions shall be chosen in accordance with Federal Affirmative Action Guidelines. Agencies providing grant funded employees agree to pay the salaries and fringe benefits for said employees and submit documentation, as required by the Tucson Police Department, for reimbursement under the grant. 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. Agencies providing grant funded positions shall not use these positions to supplant currently budgeted positions. F. PROVISION OF EQUIPMENT Any equipment purchased with grant funds shall be disbursed in accordance with the federal guidelines established in OMB M7100.1 C at the time the grant is terminated. The Policy Board may disburse grant funded equipment to participating agencies, if these agencies provide the Tucson Police Department with written assurance that said equipment will be used in the Criminal Justice System and consistent with those objectives outlined in the CNA grant application. Equipment provided by participating agencies shall be returned to the agency supplying such equipment. ARTICLE 6 EFFECTIVE DATE AND TERM This agreement will become effective upon the day a fully executed agreement is filed in the Office of the Pima County Recorder pursuant to A.RS. 11-952 and shall continue in force until December 31, 2004. In the event that other grants are forthcoming or funds from other sources become available for continuation, this agreement shall be automatically renewed for additional periods. () " ~. ~ f.j. Ii::;.:. ,".~I :2 6'11 ~:~ I~~' SI '~W !Inl;lt ARTICLE 7 TERMINATION This Agreement may be terminated at any time by mutual written consent or by any party terminating the agreement as to such party by giving not less than 60 days written notice to the other parties. In the event of such. termination, each party shall retain possession of its separately owned equipment and property. Any party whose participation in the Agreement is terminated for any reason, prior to the expiration of the initial term or during extended terms as specified in ARTICLE 6 above, shall return any equipment purchased with grant funds to the Policy Board. This contract is subject to cancellation by the parties pursuant to A.R.S. Section 38-511. ARTICLE 8 LIMITATION OF LIABILITY A For the purposes of workman's compensation, an employee of a party to this agreement, who works 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 in law enforcement, shall be deemed to be an employee of the party who is his primary employer and of the party under whose jurisdiction and control he is then working as provided in ARS. Section 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 provisions of ARS. Section 23 -1 022(E) by posting the publi,c notice required. 1.- ."~ .I~';' 5 15 ? <II., ~ ;;~ ~;r 9 1.1, 7 B. Except for the purposes of worker's compensation as noted in the preceding paragraph of this Article, each party shall 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 agreement. Each party shall have the right of contribution against the other parties with respect to tort liability judgments should both parties under this agreement be found liable. This right of contribution shall not apply to any settlement or demand and each party shall be solely responsible for its own acts or omissions and those of its officers and employees by reason of its operations under this agreement. This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this agreement liability insurance. The parties may fulfill their obligations by programs of self-insurance providing protection. 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 agreement. ARTICLE 9 HUMAN RELATIONS Each party will comply with human relations provisions of its respective code and Federal Affirmative Action guidelines required by this contract. R ~ "7 :t 2 ~~' ,,,,,I ~.,", I,") ~2 III ~:~; t~i'l ~ ~~I ARTICLE 10 NOTICE Any notice given pursuant to this contract shall be in writing and shall be considered to have been given when actually received by the following addresses or their agents or employees: Tucson Chief of Police Tucson Police Department P.O. Box 1071 Tucson, Arizona 85702-1071 Pima County Sheriff Pima County Sheriff's Department 1750 E. Benson Hwy. Tucson, Arizona 85714 Director, AZ Department of Public Safety P.O. Box 6638 Phoenix, Arizona 85005 South Tucson Chief of Police South Tucson Police Department P.O. Box 7307 South Tucson, Arizona 85725 Marana Chief of Police Marana Police Department 12775 North Sanders Marana, Arizona 85653 Oro Valley Chief of Police Oro Valley Police Department 680 W. Calle Concordia Oro Valley, Arizona 85737 Chief of Police University of Arizona Police Department 1200 E. Ft. Lowell Tucson, Arizona 85721 IN WITNESS WHEREOF, the Chief Law Enforcement Officer or Chief Executive Officer of the parties hereto j" :;i ms 6 :2 have severally given their respective consents authorized by ARS. Section 13-3872m and the parties hereto have executed this agreement by and through their respective officers duly authorized. m 5 7 ~l I!:~I" ~, 9 oj " CNA LG.A. CONTRACT NO. lllEF LAW ENFORCEMENT OR EXECUTIVE OFFICERS Director, Department of Public Safety PARTIES TO TIllS AGREEMENT STATE OF ARIZONA :!" ~':~ ~'" C'" ~::~: b ~2 ~~ n:;::" I~~:~ 'iI' I!~ ~~II ,/ 10 " OFFICE OF THE ATTORNEY GENERAL STATE OF ARIZONA CIVIL DIVISION TRANSPORTATION SECTION WRITER'S DJRECTUNE: 602.542..8855 TERRY GODDARD ATTORNEY GENERAL INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. KR04-0122TRN (E5324033), an Agreement between public agencies, has been reviewed pursuant to A.R.S. 9 11-952, as amended, by the Undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. DATED: December 6, 2004 TERRY GODDARD Attorney General 1 2 r," ",1 6; ~~ KG:mjf Attachment 880161 NO. -Z 7'177 Filed with the Secreta.ry of State 'led: 1- ~ e:;..()UJ ,(, .. './ ~;~t. secre~ary of SI Ie . By: _ ~ ~ m 51 7 lJ~J ~~ . J