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Home My WebLink AboutRES 26-09 RESOLUTION NO. 26-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RETROACTIVELY AUTHORIZING THE CITY OF APACHE JUNCTION, ARIZONA ("CITY") THROUGH ITS POLICE DEPARTMENT ("AJPD") TO ENTER AN INTERGOVERNMENTAL AGREEMENT ("IGA") WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY ("DPS") FOR LOCAL BORDER SUPPORT ("LBS") . WHEREAS, in 2025, approximately $136, 000 became available from DPS for LBS to cover overtime expenses for deterring, apprehending, prosecuting and detaining individuals charged with drug trafficking, human smuggling, illegal immigration and other border-related criminal activity occurring within the City; and WHEREAS, pursuant to A.R. S. § 41-1713 (B) (3) and A.R.S. § 11-952, both DPS and City are authorized and empowered to enter into this Agreement; and WHEREAS, AJPD Chief Pooley executed the IGA on December 18, 2025 (as fully set forth in Attachment A) to reserve the funding; and WHEREAS, to legitimize the execution of the IGA, staff recommends council retroactively authorize the execution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The mayor and city council hereby retroactively authorize the City take advantage of the DPS funding by entering this IGA. 2) The mayor and city council hereby further retroactively authorize the police chief or his designee to sign the IGA and to take all actions necessary to effectuate the purpose of the IGA. 3) The mayor and city council also acknowledge that by approving as to form this resolution, the city attorney also retroactively approves the IGA as to form. RESOLUTION NO. 26-09 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS �41 DAY OF , 2026. SIGNED AND ATTESTED TO THIS DAY OF r� � 2026. WALTER "CHI " WILSON Mayor ATTEST: X ETTE MCKINNEY C ty Clerk APPROVED AS TO FORM: 64- 3 'to• 26 RICHARD J. STERN City Attorney RESOLUTION NO. 26-09 PAGE 2 OF 2 ATTACHMENT A DPS Contract: 202"15 AGREEMENT REGARDING LOCAL BORDER SUPPORT This agreement is entered into between the State of Arizona through its Department of Public Safety,hereinafter referred to as"DPS"and the Apache Junction Police Department,hereinafter referred to as"AJPD." DPS is authorized and empowered to enter into this Agreement pursuant to A.R.S. §41- 17 t 3(B)(3). Both parties arc authorized and empowered to enter into the Agreement pursuant to A.R.S.§ l 1-952. In consideration of the mutual promises set forth herein, the parties to this Agreement hereby agree to the following conditions. [. PAR'l'[CIPATION The purpose of the Agreement shall be to enhanco law enforcement services to deter, apprehend,prosecute and detain individuals charged with drug trafficking, human struggling,illegal immigration and other border-related crimes within the city of Apache Junction,through cooperative efforts of DPS and the AJPD-Local Border Support, hereinafter referred to as"LBS." Additionally,ongoing information exchange and intelligence sharing will occur between DPS and AJPD. H. DISBURSMENT AND REPORTING DPS agrees to disburse LBS funding as requested in the Local Border Support application at a total of S 135,949.44. V>eY DescM tlon Haunt Salary/ERE overtime for(8)Deputies S 13S,949.44 At the close of the agreement's performance period,a summary and evidence of expenditures shall be prepared and submitted to DPS.The end of program summary report shall be received electronically no later than the last business day of the month immediately following the month in which all grant funds are exhausted or June 30, 2027,whichever is earlier.Expenditures must align with the approved budget and be incurred within the performmnec period. Ill. IMMIGRATION DPS and AJPD agree to comply with A.R.S. 9§23-214 and 41-4401. IV. YON-DISCRIMINATION DPS and AJPD agree to comply with the non-discrimination provisions of the Governor's Executive Order 2023-001 Page 1 of 3 DPS Contract:2026-315 V. INDEMNIFICATION DPS and AJPD(as"Indemnitorl agree to indemnify,defend,and hold harmless the other party(as"Indemnitee")from and againgt any and all claims,losses,liability,oosts,or cKpenses(including reasonable attomcy's fees,hereinafter collectively referred to as "claims")arising out of bodily injury(including death)of any person or pq=W damam but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitwg are causal by the act,omission,negligeuoe,miscostduet,or other flint of the Indemnitor,its offncers,agents,employees,or volunteers. VI. RECORDItE "G All records regarding the Aft,including time accounting logs,mast be retained for five(5)years in compliance with A.M. §35-214. VIL FEFS In no event shall DPS or AJPD charge the other for any administrative fees for any work performed purstirarrt to the Agreement. VIE JURISDICTION AJPD agrees to pecmit its staff to wosir outside of their regular jurisdictional boundaries IX. ARWIVATION In the event of a dispute under this Agreement,the parties agree to use arbitration to the extent required anderA.M. §§ 12-1518 and§§ 12-133. X. MUTATIONS This Agreement in no way restricts,DPS or AJPD from participating in similar actinides with other public or private agenciea,organization,and iadvidnals.Nothing in this agreement shall be construed as limiting or oqundiug statutory responsibilities of the parties. XI, EFFECTM DATEMURATION The terms of this agreement shall become effcdive an lily 1,2025,and shall remain in effa;t until June 30,2027.All equipment must be received and filly paid for by June 30, 2027.Any fluids uneacpended will be de-obligated and returned to DPS. ML AVAILABILPrY OF FUNDS Evmy payment obligation of DPS under this Agmenent is candhkkned upon the availability of funds appropriated or allocated ft the payment of such obligation.If funds are not allocated and available for die continuance of the Ag<owmat,the Agreement may be teaninated by DPS at the end of the period for which fiends are available.No liability shall ac=e to DPS is the event this provision is exercised,and DPS shall not be obligated or liable for any tlrtara payments or for any damages as a result of termination under this paragraph. XIIL CANCELLATION This Agreement is subject to cancellation for conflicts of interest under A.R.S.§38-511. X1V. 'TERMINATION DPS and AJPD may taurainate the Agreement for conveniewe or cause upon thirty(30)days written notice to the other party.Upon termination,DPS shall pay all outstanding amounts up Page 2 of 3 DP$Contract:2025-315 through the time upon which the termination becomes effective.All property purchased by a party pummt to that parry's respective duties pursuant to this Agreement shall be returned to the purchasing party upon termination of this Ag�reernent for any reason. Any notice required to be given under the Agreement will be provided by mail to: Milne Dodd,Budget Officer Mic imel Pooley,Chief of Police Arizona Department of Public Safety Apache Junction Police Department P.O.Box 6639, Mail Drop 1330 300 E Superstition Blvd Phoenix,AZ 85005-6638 Apache Junction,AZ 85119 XV. VALIDITY This document contains the entire Agreement between the parties and may not be modified, amended,altered or extended except through a written amendment signed by all parties.If any portion of this Agreement is held to be invalid,the remaining provision shall not be affected. The parties hereto have caused this Agreement to be executed by the proper officers and officials. STATE OF ARIZONA BY: DATE: fa Jeffrey D. ver, irector Arizona Mpartment of Public Safety A.PACHE JUNCTTO POLICE DEPARTAUM Y: Jt B4 ` DATE: /�•/�i?A. _ Midmel Pootey,Chkf of Police BY: DATE: Name,position - BY: DATE: Page 3of3 Apache Junction Police Department Memorandum Date: March 5, 2026 To: Mayor Chip Wilson From: Chief Michael Pooley Subject: Resolution 26-09 — Retroactive authorization for City to enter into IGA between AZ DPS and City in acceptance of overtime expenses for local border support. In 2025, overtime funding in the amount of $136,000 became available from the Arizona Department of Public Safety ("DPS") for local border support relating to deterring, apprehending, prosecuting and detaining individuals charged with drug trafficking, human smuggling, illegal immigration and other border-related criminal activity within the City. To reserve this extraordinary funding opportunity, on December 18, 2025, 1 as police chief, signed the IGA and now seek retroactive authorization. Participation in this agreement strengthens Apache Junction Police Department's ("AJPD") ability to combat organized criminal activity that impacts the City. It provides additional resources, coordination, and intelligence-sharing opportunities with DPS, enhancing overall effectiveness in fighting crime and maintaining public safety. This funding for overtime will provide significant professional development benefits for AJPD sworn personnel. Officers will gain valuable experience working alongside other law enforcement agencies throughout the Valley during unique regional and large- scale events. These assignments include real-time crowd management training, participation in coordinated operational deployments and the development of strong professional relationships with partnering agencies.