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HomeMy WebLinkAboutResolution 2007-199 IGA between marana police department and pima community collegeMARANA RESOLUTION NO. 2007-199 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE EXE- CUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN MPD AND THE PIMA COMMUNITY COLLEGE DISTRICT WHEREAS the Pima Community College District (PCC) and the Marana Police Department (MPD) desire to enter into an agreement for the implementation and administration of a joint educa- tion program; and WHEREAS MPD created the Citizen's Police Academy for people who live, work, or attend school in Marana, giving them the opportunity to get to know their Police Department and furthering MPI)s goal to "Further our Partnership with the Community"; and WHEREAS it will increase the public interest and attract additional applicants to the Citi- zen's Police Academy if citizens are able to eam college credit for their participation; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this 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 Pima Community College District, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Chief of Police and his staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obli- gations, and objectives of the intergovemmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 20TH day of November, 2007. zd? Mayor id Honea AT-TEST: elyn c,?ronson, Town Clerk APPROV-M A§s3q FORM: Cedric,Aay, Senior Assistant Town Attomey (00006877.DOCI) 'ot OF S. ills o Willi i I CIH 11105107 b3.r.%j6tL 11W I/W ACT INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA 1-atappe"r ?n &V Miloices, AND PIMA COUNTY COMMUNITY COLLEGE DISTRICT THIS AGREEMENT is made by and between TOWN OF MARANA, (hereinafter called "AGENCY") and PIMA COUNTY COMMUNITY COLLEGE DISTRICT (hereinafter called the "COLLEGE"): WITNESSETH: WHEREAS, the COLLEGE, through its Governing Board, is empowered and authorized to contract, employ faculty and staff, and provide educational courses and/or programs pursuant to A.R.S. § 15-1444, and WHEREAS, it would further the public interest if this educational opportunity is provided to AGENCY to enroll designated students for college level courses, and WHEREAS, AGENCY and the COLLEGE desire to enter into an Agreement for the implementation and administration of an educational program; NOW, THEREFORE, in consideration of the mutual covenants contained herein, AGENCY and the COLLEGE do hereby agree as follows: ARTICLE 1. PURPOSE The purpose of this Agreement is to establish the framework within which the COLLEGE may operate educational programs for the benefit of individuals identified by the AGENCY and set out the understanding of both parties as to their mutual responsibilities and rights regarding these programs. The attached Addenda No. 1, which is hereby incorporated into this Agreement by this reference, describes the programs to be offered. The COLLEGE and the AGENCY may add other programs to this Agreement by mutually agreeing upon and approving Addenda that outline specific, programmatic scope of work and financial considerations. ARTICLE 11. SCOPE OF WORK Relevant scopes of work are detailed in attached Addenda. ARTICLE 111. FINANCIAL CONSIDERATIONS A. COLLEGE Tuition and Fees 1. The COLLEGE shall assess tuition and fees at the current official rate per semester for each participant who successfully enrolls in the courses under this Agreement. 2. Students enrolled under this Agreement shall be responsible for the payment of all required tuition and fees in amounts set by the COLLEGE Board of Governors. Provisions for tuition payments/Program Cost for students may be made by AGENCY as a part of this Agreement. 3. Refunds of tuition and fees/Program Cost shall be in accordance with the refund policy approved by the COLLEGE Board of Governors for the fiscal year(s) in which this Agreement is in effect. 4. Additional financial considerations applicable to individual programs are specified in the attached Addenda. Agreement Rev October 26, 2004, Finance and Administrative Services ARTICLE IV. STANDARD PROVISIONS A. The COLLEGE will provide curriculum and instructional design, with the advice and input of AGENCY for training of selected individuals identified by AGENCY. All curriculum and instruction is under the control of the COLLEGE. The COLLEGE retains the right to select, evaluate, and remove any instructor from the program at the will of the COLLEGE. B. The COLLEGE will provide administrative support for all educational activities required to implement the terms of this Agreement, including but not limited to supervision, coordination and direction to all appropriate instructional staff, faculty and instructional aides. C. Each party shall retain complete control and jurisdiction over such programs of its own that are outside of this Agreement, and nothing in the execution of this Agreement or in its performance shall be construed to establish a joint venture of the parties hereto. D. The parties to this Agreement agree that they will not discriminate against any employee or applicant due to race, color, religion, sex, or national origin, and in this regard they will comply with all applicable federal and state employment laws, rules and regulations, including the Americans with Disabilities Act. E. The AGENCY acknowledges the COLLEGE's responsibility to comply with the Family Educational Rights and Privacy Act and will cooperate with the COLLEGE to ensure joint activities under this Agreement do not conflict with said responsibility. Any non-directory student information shared as part of this Agreement will serve an explicit educational purpose. This Agreement requires that recording be effected with the Pima County Recorder or Secretary of State, as applicable. The COLLEGE is authorized to enter into Agreement pursuant to provisions of A.R.S. § 11-951 et seq/ and A.R.S. §15-1444; the AGENCY is authorized to extend into this Intergovernmental Agreement pursuant to provisions of A.R.S. §11-951 et. seq. G. The term of this Agreement shall commence on the 15th day of January, 2007and shall expire on the 31st day of December, 2011. Thereafter the Agreement may be extended for four additional one-year periods by written approval of both parties, and subject to the provisions of Section H., below. Either party may at any time cancel this Agreement or renewal thereof, with or without cause, by giving thirty (30) days advance written notice to the other party which shall commence on the date of mailing of the written notice by certified mail or personal delivery. Thereafter, this Agreement shall become null and void except for the portion or portions of payment herein agreed upon for which expenses have been necessarily incurred in the performance of this Agreement. H. The continuation and renewal of this Agreement shall be subject to approval by the COLLEGE Governing Board and subject to the appropriation and receipt of sufficient funds by the COLLEGE to administer and support the program. In the event sufficient funds are not available or appropriated at any time, the COLLEGE may cancel the Agreement by delivering written notice to AGENCY according to the termination provisions of Section E., above. 1. Upon termination of this Agreement, equipment furnished or purchased by the COLLEGE for the program shall be retained by the COLLEGE, and equipment furnished or purchased by AGENCY shall be retained by AGENCY. This Agreement shall be subject to and interpreted under the laws of the State of Arizona. Any controversy or claim arising out of or relating to this Agreement, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to arbitration, to be held in Pima County, Arizona, in accordance with the Uniform Arbitration Act, A.R.S. § 12-1501 et seq. The arbitrator shall be selected by mutual agreement of the parties; if none, then by striking from a list provided by an organization such as the American Arbitration Association. In the event either party institutes arbitration under this Agreement, the party prevailing in any such arbitration shall be entitled, in addition to all other relief, to reasonable attorneys' fees relating Agreement Rev October 26, 2004, Finance and Administrative Services to such arbitration. The non-prevailing party shall be responsible for all costs of the arbitration, including but not limited to, the arbitration fees, court reporter fees, etc. The decision of the arbitrator shall be final and binding upon the parties. K. AGENCY agrees to indemnify and hold harmless the COLLEGE from all injuries to persons or property caused by acts or omissions of AGENCY arising out of AGENCY's activities under this Agreement. The COLLEGE agrees to indemnify and hold harmless AGENCY from all injuries to persons or property caused by acts or omissions of the COLLEGE arising out of the COLLEGE's activities under this Agreement. In the event of concurrent liability, the parties shall have the right of contribution from each other. L. Notwithstanding the provisions of Articles Il and 111, students, instructors, and COLLEGE staff participating in this program shall not be considered as employees of AGENCY, and agents or employees of AGENCY shall not be considered employees of the COLLEGE. Accordingly, employees of one party shall not be entitled to employee benefits normally provided to bona fide employees of the other party. Nothing in this Agreement or its performance except as provided in A.R.S. § 23-1022.1) shall be construed to result in any person being the officer, agent, employee, or servant of either party when such person, absent this Agreement and the performance thereof, would not in law have such status. M. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides in pertinent part: The state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. N. "Materials" shall mean recorded information, regardless of form or medium in which recorded. The COLLEGE shall retain the right to an irrevocable, worldwide, royalty-free, non-exclusive license to reproduce and use for its purposes, including distribution within the COLLEGE and distribution outside of the COLLEGE, the materials developed by the COLLEGE under the terms of this Agreement. This shall not apply to materials developed by AGENCY or its contractors. 0. This document contains the entire Agreement between the parties and may not be modified, amended, altered or extended except through a written amendment by the parties. Agreement Rev October 26, 2004, Finance and Administrative Services IN WITNESS WHEREOF, the parties have executed this Agreement on this LC day of PIMA COUNTY COMMUNITY COLLEGE DISTRICT Signature Dat Chancellor Contact: John Gillis (520) 206-6350 (Phone #) TOWN OF MARANA Signatu., Date Mayor AGENCY Mailing Address: Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Contact: R44t??i (520) 382-2000 IM OM &-A- (Phone #) REVIEWED AND APPROVED AS TO FORM Pursuant to A.R.S. § 11-952.13, the attorney for each of the parties has determined that the foregoing Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party which such attorney represents. I AW'-- / U /1/() ? COLLEGE Leg?IZ-o-u-?s-'el Date '--?d'(jaylounsel Date Agreement Rev October 26, 2004, Finance and Administrative Services 141% PIMA COUNTY COMMUNITY COLLEGE DISTRICT And TOWN OF MARANA POLICE DEPARTMENT Addendum No. 1: Community Campus - Law Enforcement/Community Development Program SCOPE OF WORK A. The AGENCY and the COLLEGE will leverage resources to provide credit courses mutually agreed upon by the COLLEGE and the AGENCY in Law Enforcement/Community Development and/or support courses for the credential programs in those areas. Classes will be offered either in an academy format, which will consist of a series of courses designed to enable a cohort of students to obtain necessary certifications or credentials, or on an individual basis as requested by the AGENCY. B. The COLLEGE shall: 1. Work with the AGENCY to develop and schedule courses to meet AGENCY's educational needs. The COLLEGE will also evaluate courses to ensure adherence to COLLEGE educational and training standards. 2. Certify, contract with and supervise faculty/instructors that provide instruction under this Agreement. The COLLEGE may remove any instructor from the program with or without cause or notice and without the right of the employee to grieve or appeal. 3. Provide support services to COLLEGE students, including: a. Assistance with application and registration process; b. Assessment testing; c. Academic advising; d. Financial aid advising and counseling; e. Transcript evaluation and graduation checks, if applicable. 4. Provide program coordination and a liaison to the AGENCY to facilitate the delivery of the goods and/or services described under this Agreement. C. AGENCY shall: 1. Provide a liaison who will work with the COLLEGE liaison to facilitate efficient program delivery. 2. Provide instructional facilities that suit program needs and permit COLLEGE site visits to ensure facilities are satisfactory. 3. Provide a qualified instructor with expertise in the appropriate subject matter. AGENCY will participate in COLLEGE faculty evaluation processes. 4. Comply with the standards of the adopted COLLEGE curriculum for the program provided under this Agreement. 5. Utilize the grading system approved for use by the relevant program at the COLLEGE, and provide final grades according to the COLLEGE timeline. 6. Provide student course records in accordance with the COLLEGE guidelines. #C2005124B 0 7. Adhere to the COLLEGE "Adjunct Faculty Guidebook" and "The Student's Rights and Responsibilities" for all persons performing or receiving services under this Agreement. FINANCIAL CONSIDERATIONS 1. In recognition of each party's contribution to programs under this Addendum, the COLLEGE shall invoice the AGENCY for tuition and fees, and the AGENCY shall invoice the COLLEGE an amount to cover the AGENCY's cost of instruction up to but not to exceed the total tuition and fee amount. 2. Each party shall invoice the other on a semi-annual basis on June 30 and December 31. Payment is due within thirty (30) days of invoice date. CONTACT INFORMATION COLLEGE Contact: David Rodenkirch Contact Phone: 520.206.7818 All payments will be mailed to: Bursar, Pima Community College 4905 E. Broadway Blvd. Tucson, AZ 85709-1225 AGENCY Contact: Richard Vidaurri Contact Phone: 520.382-2000 All invoices will be mailed to: Town of Marana Police Department 11555 W. Civic Center Drive Bldg. B Marana, AZ 85653 APPROVALS (only required for Addenda not incorporated into original Agreement) COLLEGE Signature Date Title AGENCY Signature Date Title #C2005124B