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HomeMy WebLinkAboutResolution 91-018 IGA with oro valley relating to police communications servicesRESOLUTION NO. 91-18 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY I~ELATING TO THE POLICE COMMUNICATIONS SERVICES AGREEMENT. WHEREAS, the Town of Mararia and Town of Oro Valley have hereto- fore entered into an agreement to provide for Police Communica- tions Services and wish to revise and continue said services through a new agreement; and WHEREAS, the parties thereto wish to enter into a new cooperative Intergovernmental Agreement as attached'hereto for providing for ~olice communications services; and WHEREAS, such agreement is authorized pursuant to A.R.S. Section 11-952, 9t seq. and is hereby determined to be in furtherance of the public health, safety and welfare of the citizens of the Town; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AS FOLLOWS: 1. That the Intergovernmental Agreement between the Town of Mararia and the Town of Oro Valley is hereby approved. 2. The the Mayor of the Town of Mararia and necessary administra- tive officials are hereby directed and authorized to take all necessary steps related to the execution of said agreement. PASSED AND ADOPTED by the Mayor and Town Council of Marana, Arizona this 21st day of May, 1991. the Town of MAYOR ATTEST: Wr DOCKET: RECORDED BY: CLC PAGE: DEPUTY RECORDER NO. OF PAGES: RD19 SEQUENCE: 1 0 W TOWN OF ORO VALLEY AG 11000 N LA CANADA DR05 ENVELOPE ORO VALLEY AZ 85737 TOTAL C INTERGOVERNMENTAL AGREEMENT FOR PROVIDING POLICE COMMUNICATIONS SERVICES J 9093 600 11 91095616 08/01/91 08: 59: 00 $ 14. 00 This Intergovernmental Agreement entered into pursuant to Title 11, Chapter 7, Article 3, Arizona Revised Statutes, by and between: The TOWN OF ORO VALLEY, a municipal corporation and a political subdivision of the State of Arizona, 11OVII, hereinafter sometimes referred to as and The TOWN OF MARANA, a municipal corporation and a political subdivision of the State of Arizona, hereinafter sometimes referred to as "Maranall. W I T N E S S E T H: WHEREAS, OV and Marana, pursuant to A.R.S. § 9-240, operate police departments which require Police Communications Services, and WHEREAS, OV and Marana desire to enter into an agreement setting forth the terms and conditions of the operation and funding of said Police Communications Services, NOW, THEREFORE, OV and Marana, pursuant to A.R.S. § 11-951, et L! sea., and in consideration of the covenants and conditions hereinafter stated, and the faithful performance thereof, do mutually agree as follows: SECTION I F, PURPOSE The purpose of this agreement is to establish a Police Communications Center located in the Town of Oro Valley furnishing dispatching and related communications services to Marana by use of facilities operated by OV. SECTION II TERM The period of this agreement shall be for three (3) years subject to annual budgetary appropriations; however, either party may terminate this agreement by giving ninety (90) days written notice to the other party. At the end of three years, the agreement shall be automatically renewed and shall remain in full force and effect for another three (3) year period of time unless notice of intent 9093 600 to terminate has been given by one party ninety (90) days prior to the date of the agreement expiration. SECTION III OBLIGATIONS OF MARANA A. To agree to participate in the cost of future equipment acquisitions during the term of this contract in proportion to the financial terms set forth in Section X, subject to approval of the Marana Town Council or approval of the duly authorized administrative official of the Town of Marana. B. To assist in the cost of installing and maintaining any future equipment acquired during the period of this agreement, subject to approval of the Marana Town Council or approval of the duly authorized administrative official of the Town of Marana. C. To assist in the cost of maintaining the equipment used in the telecommunications system listed in Exhibit A attached hereto in proper working order during the period of this agreement; provided however that future maintenance costs shall be subject to the approval of the Marana Town Council or approval of the duly authorized administrative official of the Town of Marana. D. otherwise to integrate all necessary operational procedures relating to police communications of Marana into the communications procedures of the Oro Valley Police Communications Unit. E. To pay the costs of phone lines linking the Communications Center with the Town of Marana and all charges relating to said phone lines. F. Pay one-half (1/2) of the initial equipment costs, as set forth in Exhibit A attached hereto and to pay one-third (1/3) of the actual operating costs of the Oro Valley Police Communications Center (estimated in Exhibit A for fiscal year 1991/1992 attached hereto). G. To assist in the future operating costs, in proportion to financial terms set forth in Section X, subject to approval of the Marana Town Council or approval of the duly authorized administrative official of the Town of Marana. H. Future increases in equipment costs or operating costs shall be reviewed and shall be subject to budgetary approval by the respective councils. Equipment and/or operating costs which may be approved due to administrative purchasing procedures, 2 9093 .601 shall be approved by the duly authorized administrative officials of each of the respective parties. I. Town of Marana shall train, supervise, and shall be responsible for compliance with the attached warrants procedure which is attached and incorporated into this agreement as Exhibit B. All warrants shall be entered, removed and processed by the Town of Marana in compliance with this procedure. SECTION I OBLIGATIONS OF ORO VALLEY A. To establish a Police Communications Services Center providing police communications for joint use by the Towns of Marana and OV. B. To permit Marana access to the OV Police Communications Unit for all necessary telephone equipment installations or additions or changes thereto as shall be necessary; C. To train communications personnel; D. To provide the aforesaid Police Communications Services each day of this agreement, twenty-four (24) hours per day; E. To give Marana sufficient advance notice of any necessary changes in equipment, procedures, or both so as to permit Marana a reasonable opportunity to conform; F. To provide funding as indicated in Exhibit A attached hereto, for equipment and operations and to provide for future equipment and operating costs during the term of this agreement in proportion to the financial terms as outlined in Section X subject to approval of the Oro Valley Town Council or approval of the duly authorized administrative official of the Town of Oro Valley. SECTION V STATUS OF CONTRACTING PARTIES Oro Valley and Xarana agree: A. That employees of OV shall not become employees of Marana by virtue of this agreement. B. That employees of Marana shall not become employees of OV by virtue of this agreement; 3 9093 602 C. That the OVPD Communications & Operations Manual is only to illustrate the services which OV shall provide to Marana; nothing in the OVPD Communications & Operations Manual shall be interpreted to suggest or imply any authority on the part of Marana to supervise the employees of OV; likewise, nothing in the OVPD Communications & Operations Manual shall be interpreted to suggest or imply any authority on the part of OV to supervise employees of Marana. Each party shall be responsible for training, supervising and for the operations of their respective employees, officers and agents. Neither party, by virtue of this agreement assumes any responsibility or liability for acts or omissions of any agent, employee, or officer of the other party. SECTION VI SYSTEM AUTHORITY The operations of dispatch personnel shall be under the authority of Oro Valley. The OVPD Communications & Operations Manual shall be reviewed and approved by the duly authorized police administrative personnel of the Town of Marana. It shall be the responsibility of the Town of Marana to train its officers, agents and employees regarding the OVPD Communications & operations Manual. It shall be the responsibility of OV to train its officers, agents and employees regarding the OVPD Communications & Operations Manual. SECTION VII INDEMNIFICATION OV and Marana agree to indemnify and hold harmless each other and any of their agents or employees from any and all liability to or claim by third persons which are caused by or attributed solely to the other party or that party's agents or employees. The parties further mutually agree they will pay for any costs, attorney's fees or any expenses whatsoever, which shall be incurred as a result of any such claim, whether or not legal action har been f iled as a result of third-party claims caused by or attributed solely to them, or their agents, officers or employees. SECTION VIII INSURANCE Marana agrees to provide OV with evidence of comprehensive liability insurance in the amount of $1,000,000.00 per occurrence and $1,500,000.00 aggregate. Each party shall be required to keep and maintain the required coverages for all obligations assumed pursuant to this agreement. 4 9093 603 SECTIONIX LIMITATION OF LIABILITY In no event will the parties to this agreement be liable for any consequential damages or other costs or expenses resulting from any act or omission of the other party or its agents or employees under this agreement, except as set forth pursuant to Section VII herein. Oro Valley shall be responsible for supervision and training of dispatching personnel. Each party shall be responsible, to the extent that liability is based upon compliance with the mutually approved OVPD Communications & Operations Manual, for any negligent acts or omissions of their respective employees or agents to the extent that liability is based upon compliance with the mutually approved Operations Manual. The Town of Marana shall be responsible for supervising and training of court personnel and all other Marana employees, officers and agents involved in the arrest warrant procedure. Each agency shall be responsible for the training, supervision and other operations of its respective employees, agents and officers. Nothing in this agreement shall be construed to create a duty or responsibility for the training, supervision and operations on the part of the Town of Oro Valley with respect to the employees, agents or officers of the Town of Marana, nor shall this agreement be construed to create any responsibility or duty on the part of the Town of Marana for the training, supervision and other operations of employees, agents and officers of the Town of OV. SECTION X FINANCIAL TERMS A. Eguipment Funding. The parties agree that Marana will pay Oro Valley one-half (1/2) of the cost of the joint use equipment to be used by the Communications Unit and one-third (1/3) of the operating cost of the Communications Unit as set forth in Exhibit A. B. Marana will pay OV its share of the equipment cost, as set forth in Exhibit A, when billed by OV for that amount. Marana will continue to pay OV its share of the operating cost set forth in Exhibit A on a quarterly basis, continuing on July 1, 1991, October 1, 1991, January 1, 1992, and April 1, 1992. Payments for future operating and equipment costs will be paid on a quarterly basis thereafter. C. Marana shall pay to OV during the term of this Agreement the amount of $5.00 per warrant for each warrant submitted by the Town of Marana Municipal Court to the Oro Valley Police Department for entry into the ACJIS computer system, subject 5 9093 604 to annual budgetary appropriations and restrictions. Marana will pay OV the per warrant charge set forth in this paragraph when billed by Oro Valley on a quarterly basis commencing on July 1, 1991 and continuing on October 1, 1991, January 1, 1992 and April 1, 1992 and continuing on a quarterly basis thereafter. D. The Town of Oro Valley, as part of the consideration for this Intergovernmental Agreement shall give to the Town of Marana that certain Council dais which was utilized by the Town of Oro Valley at 10900 North Stallard Place. SECTION XX LEGAL JURISDICTION Nothing in this agreement shall be construed as either limiting or extending the legal jurisdiction of either OV or Marana. SECTION XII ADDITIONAL TERMS A. The parties agree that the frequency or frequencies utilized by the Oro Valley Communications Center and the respective police departments shall be restricted to law enforcement purposes only and may not be utilized for non-law enforcement purposes without express agreement between the parties. B. No other agency or agencies shall be permitted to utilize the OVPD Communications Center or to participate in this agreement without the express consent of the parties hereto. C. Any grant money received by the parties to fund the operations of the Oro Valley Police Communications Unit or to purchase any additional equipment for the Oro Valley Police Communications Unit shall be credited equally to each party hereunder. D. The parties hereto shall retain joint ownership of any and all personal property listed in Exhibit A to the Intergovernmental Agreement by and between the parties, each party owning an undivided one-half ownership interest there. Furthermore, the parties shall retain ownership of any after acquired personal property in proportion to their respective contribution for the purchase of same. 6 9093 605 SECTION XIII EFFECTIVE DATE This agreement shall become effective and operational on July 1, 1991. SECTI-QNXIV RECORDING This agreement shall not take effect until it has been filed with the Pima County Recorder pursuant to A.R.S. § 11-952(F). IN WITNESS WHEREOF the parties, by their respective officers duly authorized, have executed this agreement. TOWN OF ORO VALLEY TOWN OF MARANA APPROVED AS TO FORM: Towr4::?Ktfbrney Dated: 9-/ZZ/ APP VED AS TO FORM: f Town Attorney Dated: 2 7 9093 606 mayor mayor "EXHIBIT All EQUIPMENT & OPERATIONAL COST (1991/1992 ESTIMATED COSTS) TOWN OF ORO VALLEY COMMUNICATION CENTER EQUIPMENT COST MARANA ORO VALLEY TOTAL Radio Equipment: Communication Tapes 2000.00 2000.00 4000.00 OPERATIONAL COST 1991/92 Site Rental & 24 hr. Maintenance 1284.00 2568.00 3852.00 Supplies (Estimates) 750.00 1500.00 2250.00 Dispatchers Salaries 45167.00 86534.00 129502.00 Dispatchers Overtime (Est.) 4316.00 8632.00 12948.00 Dispatchers Benefits 10791.00 21583.00 32375.00 Hot Line S.O. & D.P.S. 445.00 892.00 1337.00 9093 607 "EXHIBIT B'' x 1 a 1 A A x D a '''! TI: CKIEF mc.41-: FROM: RE- =CS Z02:37307E CCQA7:i-: D07E; Pori! so. 199'? 7vlS 1S AN oPDA7H ON 7vH WARRAN- ORECK.RE4 7: BZ cGLi3WED: P. wPIRAN7 ;9CIEPTS0 AZArll An! 91?.E 11 wT-&&mE0,* 1. HANDWA:TTHN iNFORTA710N 7?Z 3NLO HANDWRI77EN :NFORMATICN CN 7-E WARRAN7 71 BE ThE UATE PNE EI&Np7jRE OF 7KE :SSQIN?l rpGIE-RA-H. TTpEwR:77EN AL? L7,ER InFORMpTlON CN T?E FACE OF THE "PARPN7 lE -Z EE --0EsA:7TE?- DEFENDAN7'O 5AME, COEI N!76?4 PEINCY, D"YS:CPL :DENTIFIERS, SSN, CCUR7. PJAGE DATE. ACIFESS. DR:wER1 LICENEE. E-A7F OF BOND AMOUNT ?IF ANV), POS= S040 11LUNT AND IDEN717:CATION :N"1RVA-::N 1:0 USE OF CORRECTION ZLj:D CWHITH-GU-) WILL NC- BE PaRmIfTED. ANY OF THIS INFORMATION ?ANDWR:T-E" 11'' THE USE OF CORRECTION FLUID WILL BE CAUSE F:R T-E WPRRPN7 BEING RWORNE2 TO THE RESPaIT:4E MAGISTRATE COURT. B. EATRADITION RA01US L102TS 1. T913 INFORMATION WILL BE ELPPLIED TO TsE WARRANTS OFFICER KHA7 PERSON DESIGNATED 8" V",-- TOWN OF ORO VALLEY CHIEF OF POLICE) AND BE APPROVED BY THE RESPECTIvE MAS0.07RATE CGUR- wy:? POLICE DEPARTMENT CHIEF. C. PHYSICAL :DENTIFIERS 1. REQUIRED TOR COMPUTER ENTRY ARE; SEX, RACEI 006i M&Tj WGY, PNO HNIR COLOR. ANY WARRPNT WITHOUT THIS !NPORMAT:ON WILL BE CAUSE FCR 7nE WARRANT BEING RE7URNED TO THE RESTECTiVE MAGIS7RATE COURT. 9093 608 LER7!TlK/:CLQ7 iLq_ - - A- "72MPED -CE?-!T:ED:' A. AL. :&SOSO WHRRANTS qRE IL I= 0,H AV5 nl.E -mi :OAR ' GE;L AFFIXE! *_?_L TPE ORON7 Q? WARRAN7, A WPHRANT A:THOUT THESE Kin VE CAUSE ;1?? 1-S ?E_?RN 7Q FWE XESPECTIuE MAGIETRA-1 1ALA'_ =ATICN A. Q "C_:-C3PY SF 7nE CIT071CM :&SLED -3 Tka TEF?QP&7 w:L? BE QLACED ON TmE AEVERSE A:UE LF wwlAAN_. LISCREZP41:E3 RET-=EN TnE 11TINLANT N&WnL Q& 7,E FROA- SIDE OF 7,E WW? QWX? A0 1 -ME jjjs?. NPIED :N THE 117P_:CN A!.. ±E :AL42 ODR 7,E IE:?Q AH7wRNED Tw T-E RESA±:j:.w xww:57XH-E ljw? aupspE? 7"E G0mMwNITP7:ONE CPERATOR WILL A=WEI?E THE AP:?w"Q!w7E WPRRAb_ ILA% !NF0RMQ-ICN FAAY T-E RE20EC-:vE MqG:S7RA7E COUR- 0:4 Tow0HONE. 7H:S jNjjRy?7j0& w?L, :NGIUDE T"4 03UL2"10?: Un-2. ":YE. ORISINA71ms COLR-, ODUR7 CLERK, DETINUHm, DATE Z- AAARAnT W, DATE IP APARAN7, :AER0109 10. -m! AESIE07:41 MAGISTRATE CCURT w:ii THEN !?mEL:A%.Y F3LLTW-uP TP:S NQ-171CA710N wET4 wAIT7EN COPY 09 THE WARRAN? QUPZH SEN- 71 Tv=- xPRAPN71 200:IER. EN L:EU OF THIS AqTCH3nRE LF FACSIMILE MPCHINE 1FPX) IS AVAI.APLE, 7,-- XESPAZ7lvE MAGISTiA-S CQURT WILw FOA 74E wPRA?N ULASH INFORMATION TO 7HE COTMUNICA7ZONS D.V:SION WL Wl-L ;h=N XN?I.AIELV ;=.Ey4U%d frl AmSPG&7:VE MAGISTRATE COURT TO CONFIRM RECEIVING TmE QUPSi--i iNFORmA71CN. THE CGXMLN!QA710Ns QPEAPTST W:L! THE.,, PUL. THE RESPEl::,E WARRAN7 -2LQ=l, HND W-EAR ;"-i WPRAPNT TR2M 7-E ZOMPLTER. 6, ACT14E SPARAN7 :S7 A. TSE RESPECT14E MAGIS-RATE ODUAT WILL PROVIDE THE WARRANTS OFFICER WI-H A CURRENT WPRRANTS LIST ON THE FIRST DAY OF EACH MONTH. TH:S LIST W:LL BE VYPEwRITTEN, AND ALPHABETICAL LlE7ING THE DEFENDANTS NAME, WARRANT NLMBER, DOB, AND DATE OF ISSUANCE. THE HEADING WILL LIST THE NAME OF THE YAGIS-RATE CZuRT AmD THE DATE TOO L.81 AA:= GENERATED. 9093 609 7. WARRHM AUllf Lin— A. THE WARRAWS 0F?:0ER WIL! AUDIT 7-1E MAIN7A:VE::) WARRAMS WWTHLf. ME RISUL-E OF TKIE POW- a- BE PROKDED TD T-E RESTEC71M MAG:STRHTE CCLR7 LP!,t,, COMPLET:CN EACH MGNT?. 6. PUME A. IT WI?L BE TSE RESPEL71?c- MA&M-RWE CZUR-.:-? RESPONS:B:LITY -0 PORGE A WARRAN7 WHE% :- -''- REQUIRED AND NOTIFY THE WARRAN7a 041MER CS -713 ACTION, 9093 610