Loading...
HomeMy WebLinkAboutResolution 2007-168 amendments to the existing IGA with the DPS for the arizona vehicle theft task forceMARANA RESOLUTION NO. 2007-168 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING AMEND- MENTS TO THE EXISTING INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR THE ARIZONA VEHICLE THEFT TASK FORCE. WHEREAS the Town of Marana authorized the Marana Police Department in November of 2003, to enter into an intergovernmental agreement with the State of Arizona, through its Depart- ment of Public Safety, related to participation in the Arizona Vehicle Theft Task Force; and WHEREAS the Marana Police Department is continuing to participate in the task force; and WHEREAS the Arizona Department of Public Safety has initiated revisions to certain lan- guage in the agreement based upon advice it received from the Arizona Attorney General's Office relating to: Section III. Nondiscrimination, Section V. Drug Free Workplace and Section XI. Arbitra- tion; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to revise the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement between the Town of Marana and the State of Arizona, Department of Public Safety, attached to and incorporated by this reference in this resolution as Ex- hibit A is hereby approved, and the Chief of Police is hereby authorized to execute it for and on be- half of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Counci o t Town of Marana, Arizona, this 2nd day of October, 2007. Nfay4r Ed lionea ATTEST: lyn C. nson, Town Clerk Ao OF. I #10 ,g gf-ZOR P ORA TiF '-'a' SEAL J-2 14 N '01 *N tOO006222.DOCI) TOFORM: /I- Fr ,afik Cosidy, Town CIH 09118107 DPS CONTRACT NO. 2007-221 P0012007001510-4 INTERGOVERNMENTAL AGREEMENT REGARDING ARIZONA VEHICLE THEFT TASK FORCE This Intergovernmental Agreement ("IGA") is entered into between the State of Arizona, through its Department of Public Safety, hereinafter referred to as "DPS", and the Marana Police Department, hereinafter refer-red to as "Agency." The purpose of this Agreement is to enhance law enforcement services conceniing vehicle theft through the cooperative efforts of the parties to this Agreement. The DPS is authorized and empowered to enter into this IGA pursuant to A.R.S. § 41-1713 B.3; both parties are authorized and empowered to enter into this IGA pursuant to A.R.S. § 11-952. The Agency is authorized and empowered pursuant to Now, in consideration of the mutual promises set forth herein, the parties hereby agree to the following terms and conditions: 1. Participation The Agency agrees to assign one (1) P.O.S.T. certified sworn law enforcement officer, herein referred to as officer, to the Arizona Vehicle Theft Task Force on a full-time basis, for such assignments within the purposes of this contract, as directed by DPS. During this assignment, the DPS and the Agency agree to allow the officer to maintain all benefits, rights and privileges available to the officer as if the officer were assigned on a full-time basis to the Agency. The assigned officer must abide by all of the applicable rules and regulations of the Agency and is subject to the Agency's disciplinary process. In the event the officer is involved in a critical incident, as defined by DPS policy, the Agency agrees to cooperate with, and participate in, any investigation and/or critical incident review conducted by the DPS for the purpose of evaluating the policies and procedures utilized by the Task Force. 11. Reimbursement The DPS agrees to reimburse the Agency on a quarterly basis, for 75% of the salary of the assigned police officer and 100% of pre-authorized Task Force related overtime hours per month (depending upon funding by the Arizona Automobile Theft Authority), based on the DPS weekly time accounting summary. The Agency agrees to provide to the DPS the following information: the officer's annual and hourly rate of pay, the officer's hourly overtime rate of pay and associated ERE (employee related expenses) costs. The DPS is not obligated to reimburse the Agency for salary raises or modifications to base salaries unless the Agency notifies the DPS at least 90 days prior to the effective date of such modification. All approved travel expenses will be reimbursed directly to the officer by the DPS under the employee travel reimbursement guidelines established by the Arizona Department of Administration. The DPS shall assign and maintain a vehicle which will be provided in accordance with the DPS vehicle policy to the Agency officer assigned to the Task Force. The maintenance and use of the DPS vehicle will be in conformance and compliance with all DPS rules and regulations. DPS CONTRACT NO. 2007-221 P0012007001510-4 111. Nondiscrimination All parties agree to comply with the non-discrimination provisions of the Governor's Executive Order 99-4. IV. Indemnification Each party (as 'indem-nitor') agrees to indemnify, defend, and hold harmless the other party (as 'indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of any person (including death) or property damage and any other claims (including, but not limited to, claims of derivative or vicarious liability), which are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor. V. Drug Free Workplace Any officer assigned to the task force will be subject to random and/or for cause drug and alcohol testing in accordance with the Agency's guidelines and the DPS Drug Free Workplace Program guidelines. Each assigned officer shall be subject to the responsibilities of and shall retain all rights as provided for in the DPS Drug Free Workplace Program Manual, DPS Form Number DPS 932-02056. DPS shall not charge any fee or cost to the Agency for any assigned officer who undergoes testing. Officers may be removed from the task force for failure to comply with the Agency's guidelines/drug screening requirement or for his/her failure to comply with DPS program/drug screening requirements. VI. Termination Either party may terminate this Agreement for convenience or cause with thirty (30) days written notice to the other party. Upon termination, DPS shall pay the Agency all outstanding amounts up through the time at which the tennination becomes effective. All property shall be returned to the owning party upon termination. Any notice required to be given under this Agreement will be provided by mail to: Sam Fragala, Commander Richard Vidaurri, Chief Arizona Department of Public Safety Marana Police Department P. 0. Box 6638 11555 W. Civic Center Dr., Bldg. B Phoenix, Arizona 85005 Marana, AZ 85653 VIL Cancellation All parties are hereby put on notice that this contract is subject to cancellation for conflicts of interest, pursuant to A.R.S. § 38-511. DPS CONTRACT NO. 2007-221 P0012007001510-4 V111. Recordkeeping All records regarding this Agreement, including officer's time accounting logs, must be retained for five (5) years after completion of this Agreement, in compliance with A.R.S. § 35-214, entitled Inspection and Audit of Contract Provisions. IX. Fees Neither party may charge the other for any administrative fees for work performed pursuant to this Agreement. X. Jurisdiction The Agency agrees to permit their officer to work outside of their regular jurisdictional boundaries. X1. Arbitration In the event of a dispute under this IGA, the parties agree to use arbitration to the extent required under A.R.S. §§ 12-1518 and 12-133. X11. Effective Date/Duration This Agreement shall become effective upon the execution of two (2) originals by the parties, and upon one (1) original being filed with the Arizona Secretary of State. This Agreement shall be for a term of one (1) year after the Agreement becomes effective, but shall automatically renew itself on July I't of each year if the DPS sends out a written notice of ftmding availability to the Agency within thirty (30) days prior to the end of each year. All prior agreements regarding the task force are canceled as of the effective date of this agreement. DPS CONTRACT NO. 2007-221 P0012007001510-4 X111. Worker's Compensation Benefits Pursuant to A.R.S. § 23-1022 D, for the purposes of worker's compensation coverage, all employees covered by this Agreement shall be deemed to be an employee of both agencies. The primary employer shall be solely liable for payment of worker's compensation benefits. IN WITNESS WHEREOF, THE PARTIES HEREBY subscribe their names this day of ,2007. State of Arizona By: Z1Z d4v?o-?? By: R ger Vanderpool, Oirect "Richard Vidaurri, Chief- Arizona Department of Public Safety Marana Police Department Date: 1 /13 -0 ? ? Date: Z Approved as to Form: see Q-ttacmd poe-momncluyy-? Assistant Attorney General Date Approved as to Form: Ig aen c y4O c 5il'al - q,o 8 -0-? - Date OFFICE OF THE ATTORNEY GENERAL CIVIL DIVISION TEPRY GODDA1W TRANSPORTATION SECTION Attorney General STATE OF AwzONA Telephone: 602.542.1680 INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. P0012007001510-4 (DIPS #2007-221), an agreement between public agencies, has been reviewed pursuant to A.R.S. § 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. Date: July 12, 2007. Terry Goddard ATTORNEY GENERAL Lisa Maxie-Mullins Assistant Attorney General Transportation Section LMM:cla 26398.4 1275 West Washington, Phoenix, Arizona 85007-2997 - Phone 602-542-1680 - Fax 602 -542-3646