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HomeMy WebLinkAboutRES 26-35 RESOLUTION NO. 26-35 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION POLICE DEPARTMENT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR THE ARIZONA VEHICLE THEFT TASK FORCE. WHEREAS, the Arizona Department of Public Safety ("DPS") , and the City of Apache Junction Police Department ("AJPD") desire to enter into an intergovernmental agreement ("IGA") allowing AJPD to participate in the Arizona Vehicle Theft Task Force ("VTTF") ; and WHEREAS, DPS needs one Arizona Peace Officer Standards and Training Board ("AZPOST") certified law enforcement officer from the AJPD on a full-time basis; and WHEREAS, AJPD is willing and able to dedicate an officer to VTTF; and WHEREAS, DPS agrees to reimburse AJPD monthly for seventy- five percent of payroll expenses and DPS will reimburse overtime compensation not to exceed twenty hours per month; 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; and WHEREAS, the AJPD and DPS have crafted the legal arrangement in the form of the attached IGA which sets forth the terms and conditions of the services . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The mayor is authorized to sign the intergovernmental agreement in a form consistent with Attachment A; 2) The police chief and/or his designee are authorized and directed to take all other necessary steps to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. RESOLUTION NO. 26-35 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR A�TD CITY COU CIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS `Af DAY OF �' 2026. SIGNED AND ATTESTED TO THIS DAY OF jf, 2026. WALTER "CHIP" WILSON Mayor ATTEST: C�� c ETTE MCKINNEY ity Clerk APPROVED AS TO FORM: -7-- q_26 RICHARD J. STERN City Attorney RESOLUTION NO. 26-35 PAGE 2 OF 2 ATTACHMENT A DPS CONTRACT NO. 2026-"3 INTERGOvER.NMENTAL AGREEMENT REGARDING ARIZONA VEHICLE THEFT TASK FORCE This Intergovernmental Agreement CIGA'"), which bevomes effective on the date last signed, is entered into between the State of Arizona through its Department of Public Safety ("DPS'7, and the Apache Junction Police Department,I."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. §41-1713 B.3;both parties are authorized and empowered to enter into this IGA pursuant to A.R.S. § I 1-952. In consideration of the mutual promises set forth herein,the parties to this Agreement agree to the following terns and conditions. I. PARTICIPATION The Agency agrees to assign one (I)AZ P.O.S.T. certified sworn law enforcement("officer")to the Arizona Vehicle Theft Task Force,("Task Force"),on a full-time basis, for such assignments within the purposes of this Agreement, as directed by DPS. Agency agrees the assigned officer shall be in compliance with DPS residency requirements. During the tern of the IGA, Agency and DPS agree that Agency shall continue to provide an officer with all employment-related benefits,rights,and privileges. The officer must abide by all of Agency's applicable rules and regulations and are subject to Agency's disciplinary process. In the event the officer is involved in a critical incident,as defined by DPS policy,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. It. DPS'S RESPONSIBILITIF-S Based upon the officer's completed DPS weekly time sheets, DPS will reimburse Agency on a monthly basis fur seventy-five(75°'0)percent of personal services and employee-related expenses that accrue during the term of the IGA (depending upon funding from the Arizona Automobile Theft Authority). Personal services and employee-related expenses are defused as gross pay,FICA taxes, health, dental, and life insurance, workers compensation, retirement, overtime, and sick, vacation, and personal leave. Vacation and sick leave that accrues but is not used will not be reimbursed. Overtime compensation will be for Task force-related activities only. DPS will reimburse all overtime compensation(based upon DPS rules, not to exceed 20 hours per month). The officer must perform a minimum of fatty(40)hours of Task Force-related work for DPS to reimburse for overtime in any given week. The twenty (20) hours of overtime per month may be exceeded without contacting Agency if DPS determines that additional funding is available,and the overtime is authorized by the respective district commander. All DPS approved trwiel expenses will be reimbursed directly to the officer by DPS under the employee travel reimbursement guidelines established by the Arizona Department of Administration. The amount reimbursed for travel expenses shall be for actual costs incurred during the effective dates of this 1GA. DPS agrees to assign a department vehicle to the Agency's officer. The off-seer is responsible for maintaining the assigned vehicle in accordance with DPS policy and shall utilize the DPS assigned vehicle for Task Force purposes only. The officer must meet the ADOA driver training requirements. Any other equipment assigned to officers for use during the assignment shall remain the property of the party that assigned the equipment. Ill. AGENCY'S RESPONSIBILITIES Prior to the officer commencing work at DPS, Agency shall fumish DPS with the information necessary for DPS to pay personal services and employee-related expenses as defined in paragraph 11. Agency will pay the remaining twenty-five (25%) percent of the personal services and employee-related expenses. DPS will not reimburse Agency for salary increases or changes to base salaries, unless Agency submits the changes to DPS at least sixty (60) days prior to the effective date of the change. IV. 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 shal` not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. V. IMMIGRATION All parties agree to comply with A.R.S. §§ 23-214 and 41-4401. VI. NONDISCRIMINATION All parties agree to comply with the non-discrimination provisions of the Governor's Executive Order 2023-01. Vll. INDEMNIFICATION Each party (as "indemnitor")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, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitur, its officers, agents, employees, or volunteers. VIII. 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 Agency's guidelines. if Agency does not have a drug free program,the Page?of 4 dp,d 2026 oif-tter will be requir d to submit to testing pursuant to the DRS, Drug tree Workplace ram Fach 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 Agency for officers who undergoes testing. Officers may be re loved from the Task Force for failure to comply with the program or failure to pass DPS drug screening requirements IX. RECORDKEEPING All records regarding the 10A,including time accounting logs, must be retained for five(5)years in compliance with A.K.S. §35-214. X. FEES Neither party may charge the other for administrative fees for any work:performed pursuant to the IGA. V. JURISDICTION Agency agrees to permit officers to work outside of their regular jurisdictional Kmadiries. XII. ARBITRATION In the event of a dispute under this IGA, the parties agree t,.� use arbitration to the extent required under A.R.S. §§ 12-15 18 and 12-133. XIIl. WORKER'S COMPENSATION BENEFITS Pursuant to A.R.S. § 23-1022 D., for the purposes of workers compensation cuverage, Agency .officers shall be deemed to be employees of DPS and Agency. Agency,as the primary employer, shall be solely liable fox' payment of workers compensation benefits and the processing of any claims occurring during the officer's assignment to the"task Force. XIV. LIMITATIONS This agreement in no way restricts either party from participating in similar activities with other public or privatc agencies, organizations, and individuals Nothing in this agreement shall he construed as limiting or expanding the statutory responsibilities of the parties XV. EFFECTIVE DATEMURATION The terms of ibis agreement shall become cf(cclive un the date last signed and shall remain in cflcct until June 30,2027. The IGA shall renew annually on July I of each year for a period not to exceed four(4) years. All prior agreeanents between DPS and Agency regarding Task Force participation are superseded as of the effective date of this IGA. XVI. CANCELLATION This 1GA is subject to cancellation for conflicts of interest pursuant h>A.K.S. § 38-51 1 XVIL TERMINATION Either party may terminate the IGA for convenience or cause upon thirty(30)days written notice to the other party. Upon termination, DPS shall pay all outstanding amounts up through the effective date of the termination. AJI property shall be rewnied to the owning party upon term inat icon. Afri12026 Page 3 oC4 XVIII. NOTICE Any notice required to be given under the IGA will be provided by mail to: Erik Axlund,Major Michael Pooley,Chief Arizona Department of Public Safety Apache Junction Police Department P. O.Box 6638 300 E.Superstition Boulevard Phoenix,Arizona 85005 Apache Junction, Arizona 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 both parties. If any portion of this Agreement is held to be invalid, the remaining provisions shall not be affected. The parties hereto have caused this IGA to be executed by the proper officers and officials. STATE OF ARIZONA AGENCY By. By: Jeffrey Glover, Colonel Michael Pooley Director Chief of Police Arizona Department of Public Safety Apache Junction Police Department Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM Assistant Attomey General City Attomey Page 4 of 4 Aprd 2026 Apache Junction Police Department Memorandum Date: July 8, 2026 To: Mayor Chip Wilson and the City Council From: Chief Michael Pooley Subject: Resolution No. 26-35 - Intergovernmental Agreement - Vehicle Theft Task Force ("VTTF") -------------------------------------------------------------------------------------------------------------------------- The City of Apache Junction Police Department is requesting authorization to enter into an intergovernmental agreement to dedicate one full-time AZPOST certified law enforcement officer to the state VTTF, which is a multi-agency task force led by the Arizona Department of Public Safety, focused on suppressing vehicle theft. Officers in VTTF provide criminal interactions, community safety and investigative support to the task force. VTTF will reimburse the city 75% of the payroll cost for the officer and 20 hours per month for overtime.