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HomeMy WebLinkAbout2014 10.06 City Council Work Session Agenda re�cf�� City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall ` Agenda 300 E.Superstition Blvd. \ - g Apache Junction,AZ \Ri_ZONr 85119 - City Council Work Session apachejunctionaz.gov Ph:(480)982-8002 Monday, October 6,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 14-472 Annual board and commission interviews for the Board of Adjustment, Library Board of Trustees, Parks and Recreation Commission and the Planning and Zoning Commission. The positions to be filled for all of these boards and commissions have terms of office which expire on October 31, 2014 with a new term expiring on October 31, 2017. There is one exception as Don Breiland is resigning from the Library Board as of October 31, 2014 with the remainder of his term expiring on October 31, 2016. This item gives the council the opportunity to interview all applicants interested in these boards. Appointments for these boards are on the agenda for the regular meeting of October 7, 2014. Discussion and interviews. Sponsors: Kathy Connelly Attachments: 2014 b&c appts.1st half interviews 2. 14-482 Presentation and discussion on wayfinding signage to the Veterans Memorial Park. Presentation and discussion. Sponsors: Dave Waldron Attachments: Wayfinding 1 Wayfinding 2 3. 14-465 Presentation and discussion on Resolution No. 14-38, authorizing the city to enter into Amendment#2 to the East Valley Gang and Criminal Information Fusion Center Intergovernmental Agreement to enhance law enforcement services related to the collection, evaluation, analysis and dissemination of intelligence regarding criminal street gangs and related criminal incidents. Presentation and discussion. Sponsors: Thomas Kelly Attachments: Staff Memo-Fusion Center Resolution No 14-38 Fusion Center Amendment 2 City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Work Session Agenda October 6,2014 4. 14-467 Presentation and discussion on Resolution No. 14-37, authorizing the city to enter into an Intergovernmental Agreement with Arizona Department of Public Safety for participation in the Arizona Vehicle Task Force. Presentation and discussion. Sponsors: Thomas Kelly Attachments: DPS IGA Resolution No 14-37 DPS IGA 5. 14-485 Recently, the mayor has participated in U.S. Senate Hearings on Indian Gaming in Glendale. In September the City of Glendale approved a development project with the Tohono O'odham Nation, where approximately$25 million will be paid to Glendale over 20 years. The project includes a casino, hotel, convention center with retail businesses and restaurants located near the University of Phoenix Stadium (101 N and Northern Avenue). The mayor is interested for full council discussion on whether the city as a public entity should be on record with other cities and towns as well as multiple Indian Tribes opposing the project and supporting congressional blocking of the project. Presentation and discussion. Sponsors: John Insalaco D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7:00a—6:00p, excluding holidays, from the City Clerk's office located at: 300 East Superstition Boulevard,Apache Junction,AZ If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. City of Apache Junction,Arizona Page 2 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 14-472 Sponsor: Kathy Connelly Agenda Date: 10/6/2014 Index: In Control: City Council Work Session Annual board and commission interviews for the Board of Adjustment, Library Board of Trustees, Parks and Recreation Commission and the Planning and Zoning Commission. The positions to be filled for all of these boards and commissions have terms of office which expire on October 31, 2014 with a new term expiring on October 31, 2017. There is one exception as Don Breiland is resigning from the Library Board as of October 31, 2014 with the remainder of his term expiring on October 31, 2016. This item gives the council the opportunity to interview all applicants interested in these boards. Appointments for these boards are on the agenda for the regular meeting of October 7, 2014. Discussion and interviews. City of Apache Junction,Arizona Page 1 Printed on 611512026 SEPTEMBER 8, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR OCTOBER 6, 2014 (BOARD/COMMISSION INTERVIEWS) The positions to be filled for all of these boards and commissions have terms of office which expire on October 31, 2014, with the new term expiring on October 31, 2017, with one exception. Don Breiland is resigning from the library board effective October 31, 2014, leaving a vacancy to be filled with a term expiring October 31, 2016. Most individuals whose terms are expiring have indicated a desire to be reappointed. The following list includes (a) current board/commission members who have expressed interest in being reappointed, (b) previously interviewed applicants who have expressed interest in being appointed to a city board or commission and (c) any new applicants. Letters were sent to all of the above listed applicants to attend the interview session. Copies of the talent bank applications have been given to council in an accompanying notebook. If an applicant for reappointment/appointment is currently on another board/commission, it is so noted under "Additional Comments" in each section of the notebook. Please contact me if you have any questions. Board of Adjustment (Three positions) Reappointments New Applicant Andrew Whiteneck Ed Barker John Booth Chester Burgess Todd Cousins R.E. Eck, Jr. Bobby James Rudolph Tameron Library Board (Three positions) Reappointments New Applicants Robert Mayo Ed Barker Randy Mullen John Booth Judy Borey Harvey Clark Willie Howard Douglas Mercer Parks and Recreation Commission (Two positions) Reappointments New Applicants Jesse Gage Ed Barker Jeff Struble Todd Cousins R.E. Eck, Jr. Marit Runyon George Samara Planning and Zoning Commission (Three positions) Reappointments New Applicants Luciano Buzzin Ed Barker Peter Heck Chester Burgess Pat Richmond Harvey Clark Michael Frank Jesse Gage Willie Howard Bobby James Randal Prosser Rudolph Tameron City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. '+PizoN►' File ID: 14-482 Sponsor: Dave Waldron Agenda Date: 10/6/2014 Index: In Control: City Council Work Session Presentation and discussion on wayfinding signage to the Veterans Memorial Park. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 t TV T IT Ya t }< le Tr ITT f aY �x try AP 7 ,ay..-..•a � �k '-•Vv � v ..`�i '.}? r i fs` �� � �«.a: .$ t� < �'. �, -) c " ' F' R, n r 7 +q.. 1, .� r J r r .✓ram' • ,F e.[ TI ?•sv } 5. °ra i ti. �. 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'+'Piz File ID: 14-465 Sponsor: Thomas Kelly Agenda Date: 10/6/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-38, authorizing the city to enter into Amendment#2 to the East Valley Gang and Criminal Information Fusion Center Intergovernmental Agreement to enhance law enforcement services related to the collection, evaluation, analysis and dissemination of intelligence regarding criminal street gangs and related criminal incidents. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 O�PpA NF�y Apache Junction Police Department POLICE U z Memorandum �[VTI gAfZ0 DATE: September 17, 2014 TO: Honorable Mayor and Member the City Council FROM: Thomas E. Kelly, Chief of P lice SUBJECT: Resolution No. 14-38: A end nt No. 2 to the East Valley Gang and Criminal I formation Fusion Center IGA In July 2013 City Council approved the first (original) Intergovernmental Agreement (IGA) with the East Valley Gang and Criminal Information Fusion Center (Fusion Center), located at Mesa Police Department (MPD). This IGA served to enhance law enforcement services related to the collection, evaluation, analysis and dissemination of intelligence regarding criminal street gangs and related criminal incidents amongst the participating East Valley law enforcement agencies. Although not entering into the original IGA until 2013, the City of Apache Junction Police Department had been providing staff resources to the Fusion Center since its inception in 2009. Entering into an IGA, however, established the official participation of the City of Apache Junction Police Department in a centralized information sharing system with other East Valley law enforcement agencies to include Mesa, Chandler, Gilbert, Salt River, Scottsdale and Tempe. The collaboration of participating agencies provides pertinent cross jurisdictional information to and from these agencies, aiding to the safe immediate apprehension of criminal suspect(s). The Apache Junction Police Department continues to be an active member of the Fusion Center and therefore recommends continued participation and your consideration of Amendment No. 2 of the IGA which sets forth established terms and procedures regarding the individual agency financial obligations ($10,000 per year). Staff will present the amended IGA at the 10/06/14 City Council Work Session, anticipating this item to be placed on the consent agenda for consideration and action at the 10/21/14 City Council Meeting. RESOLUTION NO. 14-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AMENDMENT #2 TO THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER INTERGOVERNMENTAL AGREEMENT. WHEREAS, in 2009, the East Valley Gang and Criminal Information law enforcement information sharing program (the "Fusion Center") was originally created (through an Intergovernmental Agreement ("IGA") between Mesa, Tempe, Gilbert, Chandler and Scottsdale, ("participating agencies") ) to enhance law enforcement services related to the collection, evaluation, analysis and dissemination of intelligence regarding criminal street gangs and related criminal incidents through the cooperative efforts of participating entities; and WHEREAS, since that time each participating agency dedicated a law enforcement officer or a non-sworn employee to the Fusion Center on a full-time basis for a minimum period of one year; and WHEREAS, in 2009, the City of Apache Junction Police Department was invited to join the Fusion Center and did so by providing staff resources but did not officially join in the IGA; and WHEREAS, on July 16, 2013, the City Council passed and adopted Resolution 13-29 authorizing the City to officially join the Fusion Center under the terms of the 2009 IGA and with added terms set forth in Amendment #1 to the IGA as adopted by the participating agencies; and WHEREAS, on April 30, 2014, Amendment #2 was created and adopted by the City of Mesa which added/replaced/modified the 2009 IGA and Amendment #1; and WHEREAS, on July 31, 2014, the City of Mesa drafted and adopted a third amendment to the IGA terms (mistakenly labeled as Amendment #2) which was intended to replace the original April 30, 2014 version of Amendment #2; and WHEREAS, this new amendment adds new language to Section IV, Reimbursement and Section VII Management of East Valley Gang Information and Criminal Information Fusion Center and also establishes in Section X, Fees, Expenditures and Operating Costs, RESOLUTION NO. 14-38 PAGE 1 OF 2 the amount each participating agency is to contribute toward the operating costs of the Fusion Center annually; and WHEREAS, the City of Apache Junction' s share of the cost is $10, 000 . 00 for Fiscal Year 2014/2015 and for all subsequent fiscal years; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Council finds that it is in the best interest of the City and its residents to continue agency participation in the Fusion Center activities, including financial contribution. 2) The Council hereby approves, and the Mayor is authorized to execute, the most recent version of what has been labeled as Amendment #2 to Intergovernmental Agreement Regarding Participation in the East Valley Gang and Criminal Information Fusion Center, set forth in "Attachment A" . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-38 PAGE 2 of 2 ATTACHMENT A mesa-az Police Department AMENDMENT#2 TO INTERGOVERNMENTAL AGREEMENT REGARDING PARTICIPATION IN THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER RECITALS Whereas, the Members Agencies ("Parties") of the East Valley Gang and Criminal Information Fusion Center ("Fusion Center") wish to amend the Fusion Center Intergovernmental Agreement("Agreement"); and Whereas, the Parties are authorized and empowered to enter into this Amendment pursuant to A.R.S. §§ 11-951 et seq, A.R.S. §13-3872 and the respective provisions of their City Charters, Tribal Constitutions or other governing authority; NOW, THEREFORE, in consideration of mutual covenants and promises contained in this Agreement and other good and valuable consideration, the Parties agree as follows: TERMS 1. This Amendment shall be effective upon approval of the governing body or authority of the Parties in conformance with A.R.S. §11-951, et seq. and provision of an original copy of each of the authorizing documents to the Mesa Police Department ("MPD"). 2. The above recitals are incorporated by this reference. 3. All the original terms and clauses of the Agreement, and all terms and clauses set forth in Amendment #1, remain in effect except as modified herein. 4. The following language is added to Sections IV. and VI of the Agreement as follows: IV. Reimbursement Registration fees related to Fusion Center approved training will be paid for by MPD. Associated travel costs will be paid for by each individual party and adjusted for within the subsequent years annual funding. VII. Management of the East Valley Gang Information &Criminal Information Fusion Center (F) Issues related to finances, funding, or operating expenditures shall be referred to the Fusion Center Finance Committee for discussion and recommendation before being brought before the Executive Committee. Prior to bringing forth any 1 recommendations to the Executive Committee, each individual member of the Fusion Center Finance Committee shall be responsible for reviewing those recommendations with their agency's legal advisor. 5. Section V. of the Agreement, is replaced, superseded, and amended in its entirety as follows: V. Duties of MPD MPD agrees to provide officer(s) and non-sworn personnel with workspace and connectivity to the Fusion Center network and databases. MPD will also provide technical assistance to officer(s) and non-sworn personnel in establishing connectivity to the Parties respective systems and provide stand-alone computers to facilitate state and local access. MPD will provide workstation and office furniture for use of officer(s) and non-sworn personnel. MPD will maintain responsibility for maintenance of the facility and is responsible for the lease on the facility, which includes utility costs. 6. Section X. Fees shall be retitled Fees, Expenditures and Operating Costs and is replaced, superseded and amended in its entirety as follows: X. Fees, Expenditures and Operating Costs Each Party to the Agreement will provide ten thousand dollars ($10,000.00) in funding (less any travel related adjustments as referenced in Section IV. above)to the City of Mesa in exchange for MPD managing and operating the Fusion Center, including all financial transactions and fiduciary responsibilities. Payments shall begin in fiscal year 2014/2015 and for subsequent fiscal years until a different amount is agreed upon by the Parties through an amendment to this Agreement. Associate Parties to the Agreement may be assessed funding based on individual agreements between the MPD and those Associate Parties. Operating expenditures may include association memberships, cellular telephone services, computers, consumables, imaging, internet access, office supplies, photocopy services, software, subscriptions to internet based services, travel and training. Operating expenditures does not include facility related charges such as utilities or the cost of the member agency's assigned personnel working at the Fusion Center. Assets of the Fusion Center acquired through expenditures of the Parties, belong to those Parties based on a pro-rata share. MPD shall be responsible for tracking and identifying which assets were acquired solely by MPD or with funds from the Parties. In the event of dissolution of the Fusion Center, the Executive Board in consultation with the MPD will determine distribution of Fusion Center assets. 2 If the level of service changes or the costs of operating the Fusion Center increase, the Parties may renegotiate funding obligations. Increased funding for subsequent years will be determined each January following review and evaluation of operating costs associated with MPD operating the Fusion Center. Any such financial adjustments shall be set forth as an amendment to this Agreement otherwise the amounts specified above shall be paid to MPD on an annual basis. MPD will invoice the Parties for services on or about July 15t of every year. MPD agrees that funds collected by MPD from the Parties will be used exclusively for the operation of the Fusion Center, including any surplus or carry-forward funding from previous years. The Parties agree to maintain and furnish to each other records and documents pertaining to the services provided under this Agreement as may be required by Federal, State or local laws, rules, or regulations. Any of the Parties may request an independent audit related to the services provided under this Agreement with thirty (30) days written notice to MPD. If the audit indicates that fees or billable items have been charged incorrectly, the appropriate corrections or adjustments will be made. The cost of any such audit shall be the responsibility of the Party requesting the audit and the Executive Committee shall be responsible for selecting an independent auditor to perform any such audit. 7. The following Section XVIII. Public Records is added to the agreement as follows: XVIII. Public Records MPD shall preserve all records related to the services provided under this Agreement consistent with Arizona's records retention laws. Any records in possession of the Fusion Center may be subject to disclosure in response to a public records request or to a subpoena or other judicial process. In the event MPD receives a public records request for such documents or information, prior to disclosure, the MPD will notify the affected Agency(s) of the request and allow such Agency(s) five (5) business days to file in the Maricopa Superior Court any objection to disclosure of the requested records. Otherwise, the public record will be disclosed as required by law. Any Agency objecting to a public records request or filing an objection thereto shall indemnify and hold harmless the City of Mesa and its Police Department, its employees, officers, agents, or elected officials from and against any award of attorneys' fees, costs, expenses, damages and/or double damages ordered by the court against City of Mesa and its Police Department following adjudication of an adverse ruling on the objection. 3 Nothing in this paragraph shall be construed against the withholding of information or reports that are otherwise made confidential or restricted from release as required by law. 8. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Neither a signature for every party nor a signature line shall be required in each counterpart except that on a counterpart being brought forward by an agency to its legislative body or equivalent for approval, that particular counterpart shall have to be signed and executed in accordance with that jurisdiction's practice only by the particular agency seeking approval. IN WITNESS WHEREOF, the Party named below has executed this Agreement on CITY OF MESA unicipal corporation Ch istopher Brady, City Manager ATTEST: CITY p� DeeAnn Mickelsen Gp RPQ City Clerk DEN APPROVED AS TO FORM: bbi pinner City Atforney By: Jacqueline Ganier Assistant City Attorney I nn Reviewed By: Frank L. M(stead Chief of Police 4 INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with A.R.S. §1-952, this Agreement has been reviewed by the undersigned who determined that this Agreement is in appropriate form and is within the powers and authority of the respective parties. City of Mesa By D bie inner C y Att rney By: Jacqueline Gainer Assistant City Attorney Dated: 5 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. '+'Piz File ID: 14-467 Sponsor: Thomas Kelly Agenda Date: 10/6/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-37, authorizing the city to enter into an Intergovernmental Agreement with Arizona Department of Public Safety for participation in the Arizona Vehicle Task Force. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 pOLICp Apache junction Police Department °I Memorandum DATE:September 17,2014 TO:Honorable Mayor and Members1 he ity Council FROM:Thomas E.Kelly,Chief of Po SUBJECT:IGA with the Arizona Depart en f ublic Safety In April 2011 City Council approved the first Intergovernmental Agreement(IGA)with Arizona Department of Public Safety(DIPS)for the Apache Junction Police Department's(AJPD) participation in the Arizona Vehicle Theft Task Force.This task force serves to enhance law enforcement services concerning vehicle theft through cooperative efforts of participating agencies.As stated on the Arizona DPS website: The Arizona Vehicle Theft Task Force(AVTTF),also known as RATTLER(Regional Auto Theft Team Law Enforcement Response),was established in January 1997 to provide statewide expertise in the investigation of property crimes involving stolen vehicles, related components and insurance fraud.The task force is comprised of city,county, state and federal law enforcement agencies participating in a concerted effort to identify, apprehend,and prosecute individuals and criminal organizations that profit from the theft of motor vehicles and related crimes.The AVTTF also provides subject matter expertise, training and investigative support to law enforcement agencies targeting vehicle theft and related crimes. Since entering into the initial IGA with Arizona DPS,the AJPD continues to be an active member of the AVTTF,joining participating agencies from Glendale,Chandler,Yuma,Coolidge and a myriad of others.As a result of this invaluable partnership,staff recommends consideration of a second IGA allowing the AJPD to continue partnership in the AVTTF. Staff will present the above referenced IGA at the 10/06/14 City Council Work Session, anticipating this item to be placed on the consent agenda for consideration and action at the 10/21/14 City Council Meeting. RESOLUTION NO . 14 - 37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR PARTICIPATION IN THE ARIZONA VEHICLE THEFT TASK FORCE . WHEREAS , the Arizona Department of Public Safety , a political subdivision of the State of Arizona ( " DPS " ) and the City of Apache Junction , an Arizona municipal corporation ( " City" ) , desire to enter into a second Intergovernmental Agreement ( " IGA" ) allowing City to participate in the Arizona Vehicle Theft Task Force ( " Task Force " ) ; and WHEREAS , the Task Force is comprised of city , county , state and federal law enforcement agencies working together to identify , apprehend , and prosecute individuals and criminal organizations who commit theft of motor vehicles and related crimes ; and WHEREAS , on April 5 , 2011 , the City Council passed Resolution No . 11 - 11 , which authorized the initial IGA allowing the City to participate in the Task Force ; and WHEREAS , City ' s continuing participation in this multi - agency Task Force will benefit the City by focusing proactive vehicle theft enforcement and deterrence efforts in the City ; and WHEREAS , the attached IGA sets forth the revised provisions which are now standardized terms in DPS IGAs ; and WHEREAS , pursuant to A . R . S . § 11 - 952 ( A ) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities . 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 approve the Intergovernmental Agreement Regarding Arizona Vehicle Task Force and the Police Chief is hereby authorized to sign the attached agreement set forth in Exhibit A on behalf of the City . RESOLUTION NO . 14 - 37 PAGE 1 OF 2 2 . City staff shall record such document in the Pinal County Recorder ' s office within sixty ( 60 ) days after full execution by all Parties . 3 . The Chief of Police is authorized to designate an officer to carry out the duties under and purpose of the agreement . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THIS DAY OF 2014 , SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM : RICHARD J . STERN City Attorney RESOLUTION NO . 14 - 37 PAGE 2 OF 2 Attachment A A. G. COWRACT W. P001 ® ® ,� r �� ' " DPS CONTRACT NO. 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 City of Apache Junction Police Department, hereinafter referred to as "Agency." The purpose of this Agreement is to enhance law enforcement services concerning vehicle theft through the cooperative efforts of the parties to this Agreement. DPS is authorized and empowered to enter into this IGA pursuant to A.R. S . § 41 - 1711 B. both parties are authorized and empowered to enter into this IGA pursuant to A.R. S . § 11 -952. Now, in consideration of the mutual promises set forth herein, the parties hereby agree to the following terms and conditions : I. 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, 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 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 DPS for the purpose of evaluating the policies and procedures utilized by the Task Force. H. Reimbursement 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 DPS weekly time accounting summary. The Agency agrees to provide to 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. DPS is not obligated to reimburse the Agency for salary raises or modifications to base salaries unless the Agency notifies DPS at least ninety (90) calendar days prior to the effective date of such modification. All approved travel expenses will be reimbursed directly to the officer by DPS under the employee travel reimbursement guidelines established by the Arizona Department of Administration. DPS shall assign and maintain a vehicle which will be provided in accordance with 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. III. Availability of Funds Every payment obligation of DPS under this agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of the agreement, the agreement may be terminated by DPS at the end of the period for which funds are available. No liability shall accrue to DPS in the event this provision is exercised, and DPS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. IV. Nondiscrimination All parties agree to comply with the non-discrimination provisions of the Governor' s Executive Order 2009-09. V. Indemnification Each party (as `indemnitor') agrees to indemnify, defend, and hold harmless the other party from and against any and all claims, losses, liability, costs, or expenses, including reasonable attorney' s fees, arising out of the bodily injury of any person or property damage, but only to the extent that such claims are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, agents, or employees. VI. 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. Officer 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. VII. Immigration Compliance All parties agree to comply with all applicable federal immigration laws and regulations of the Governor' s Executive Order A.R. S . § § 23 -214 and 41 -4401 . VTII. 'Termination Either party may terminate this Agreement for convenience or cause with thirty (30) calendar days written notice to the other party. Upon termination, DPS shall pay the Agency all outstanding amounts up through the time at which the termination 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 : Page 2 of 4 June 2014 Daniel Lugo, Major Thomas E. Kelly, Chief Arizona Department of Public Safety Apache Junction Police Department P. O. Box 6638 300 E. Superstition Blvd. Phoenix, Arizona 85005 Apache Junction, AZ 85119 IX. 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 . X. 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. XI. Fees Neither party may charge the other for any administrative fees for work performed pursuant to this Agreement. XII. Jurisdiction DPS gives prior consent to extend law enforcement authority of the participating Agency to the jurisdiction of DPS, pursuant to A.R. S . § 13 -3871 . The Agency agrees to permit their officer to work outside of their regular jurisdictional boundaries, as any peace officer can in the State of Arizona. XIII. Limitations This agreement does not relieve either agency of its official duties and shall not be construed as limiting or expanding the statutory responsibilities of the parties. XIV. 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 . XV. Effective Date/Duration This Agreement shall become effective upon the execution of two (2) originals by the parties. This Agreement shall be for a term of one ( 1 ) year after the Agreement becomes effective, but shall automatically renew itself on July 1st of each year if DPS sends out a written notice of funding availability to the Agency within thirty (30) calendar 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. Page 3 of 4 June 2014 XVTf 1170 • <ey' s Compensation Benneffits Pursuant to 23 - 1022 D, for the imposes of worker' s col-113eaasatiapn coverage, all eraxployces covered by this Agr'eenaent shall be deemed to be an employee of both agencies . The primary elniplayer shall be solely liable for payaaaent of nNoa'ken'' s coMpennsationn hen efuts . IN y371TTvTESS �7V OEFEOF, T]HTE PART.➢ ES ]L➢7ChZ1F.BY subscribe thCiT names Vb.is day of ) 2014 . State of Arizona Agency By , _ By: 0bioft �C Balhd } 511cc of Thomas R ][belly, Cbief Arizona Departnueait of prnfaflic Slhfety Apache Junction Police Department Date : Date : Approved as to ii onA- n : !`approved as to Forn -A : Assistant AtiuJr , ,y Geancral Date Date Page 4 of <S Tune 201II O�11eY cyn,F . tA PO� �RtZON� „� THOMAS C. HORNE ®� � 0 � � ®� �0"8 � ATTORNEY�� GENERAL Brian D. Schneider Assistant Attorney General ATTORNEY GENERAL CIVIL DIVISION / TRANSPORTATION SECTION Direct No. : 602-542-8863 INTERGOVERNMENTAL AGREEMENT dDETERMINATIO10 A.G. Contract No . P001 -2014-002377 (DPS 2014-141), an Agreement between public agencies, Arizona Department of Public Safety and the , City of Apache Junction Police Department, 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 2014. THOMAS C. HORNE Attorney General BRIAN IT SeRNEIDER Assistant Attorney General 1275 West Washington, Phoenix, Arizona 85007-2926 ® Phone 602-542- 1680 ® Fax 602 -542-3646 www.azag.gov City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. 'Piz File ID: 14-485 Sponsor: John Insalaco Agenda Date: 10/6/2014 Index: In Control: City Council Work Session Recently, the mayor has participated in U.S. Senate Hearings on Indian Gaming in Glendale. In September the City of Glendale approved a development project with the Tohono O'odham Nation, where approximately$25 million will be paid to Glendale over 20 years. The project includes a casino, hotel, convention center with retail businesses and restaurants located near the University of Phoenix Stadium (101 N and Northern Avenue). The mayor is interested for full council discussion on whether the city as a public entity should be on record with other cities and towns as well as multiple Indian Tribes opposing the project and supporting congressional blocking of the project. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026