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HomeMy WebLinkAboutRES 07-26RESOLUTION NO. 07-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERMENTAL AGREEMENT WITH MEMBERS OF THE PINAL COUNTY LAW ENFORCEMENT ASSOCIATION TO ALLOW FOR COOPERATION IN PROVIDING RECIPROCAL MUTUAL AID. WHEREAS,the City of Apache Junction,an Arizona municipal Corporation ("City") is empowered by A.R.S. § 11- 952 to enter into intergovernmental agreements with other municipalities and government entities for joint or cooperative activities; and • WHEREAS,City desires to enter into an intergovernmental mutual aid agreement for interagency assistance in order to expand the law enforcement resources available in emergency situations occurring within City's corporate limits; and WHEREAS,the agreement was approved by the Pinal County Law Enforcement Association ("PCLEA")Board on June 19,2007 and is in the process of being adopted by represented municipalities and other government agencies who are members of PCLEA. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1. That the City,evidenced by the Mayor's and Police Chief's signatures,is authorized to enter into an intergovernmental mutual aid agreement with represented government agencies in PCLEA to provide for increased law enforcement resources during emergency situations. 2. That the Police Chief is authorized to take whatever steps are necessary to carry out the obligations as set forth in an appropriately worded intergovernmental mutual aid agreement as approved as to form by the City Attorney. RESOLUTION NO. 07-26 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 7TH DAY OF Anou ,2007. SIGNED AND ATTESTED TO THIS .7TH DAY OF , 2007. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney RESOLUTION NO. 07-26 PAGE 2 OF 2 PINAL COUNTY LAW ENFORCEMENT ASSOCIATION MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT FOR INTERAGENCY ASSISTANCE is made and entered into this day of , 2007, by and between the Arizona Department of Public Safety, City of Apache Junction Police Department, City of Casa Grande Police Department, Central Arizona College Police Department, City of Coolidge Police Department, City of Eloy Police Department, Town of Florence Police Department, Town of Kearny Police Department, Town of Mammoth Police Department, City of Maricopa Police Department, Pinal County Adult Probation, Pinal County Attorney's Office, Pinal County Office of Emergency Management, Pinal County Sheriff's Office, and Town of Superior Police Department, collectively referred to as the "Agencies" pursuant to A.R.S. § 13-3872. WHEREAS, law enforcement agencies have the responsibility of protecting lives and property, and keeping the peace; and WHEREAS, the undersigned Agencies recognize the fact that individual agencies have a finite amount of resources and wish to enter into this reciprocal Mutual Aid Agreement ("Agreement")for cooperation in providing law enforcement services during emergency situations; and WHEREAS, the extra -jurisdictional sharing of resources and capabilities is the most efficient and effective use of law enforcement resources to protect life and property in the event of such emergency; and WHEREAS,it is the goal of each undersigned Agency to strengthen its response to emergency situations by effectuating this Agreement in order that persons and property may be protected and the peace maintained. NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Law Enforcement Mutual Aid Agreement, each signatory party hereto covenants and agrees as follows: 1.As used herein,"emergency situation"means an event,expected or unexpected, involving shortages of time and resources; that places life, property or the environment, in danger; that requires response beyond routine incident response resources. 2.The Agencies acknowledge that in the event of an emergency,the Agencies may choose to furnish such personnel,equipment,facilities,or services as are available, provided that such actions would not unreasonably diminish its intra-agency capacity to provide basic public safety services to their local residents. 3.Emergency assistance provided will be in the form of resources such as equipment, supplies and personnel and/or the direct provision of services. 4.The Incident Commander or officer in charge at the scene of an emergency, is authorized to request assistance from another party if confronted with an emergency situation wherein the Requesting Agency has need for equipment and/or personnel in excess of that available.Such requests for assistance shall, if possible, specify the number of law enforcement officers or request a specific unit(s) and type of equipment required and shall further specify where and to whom such officers are to report and where and to whom the equipment should be delivered. 5.Requests for Emergency Assistance shall be made to the designated contact person(s)provided by the Agencies.Each Agency shall provide the names, addresses and phone numbers of its staff who have the authority to commit personnel and/or equipment to any mobilization effort.In the event the emergency impacts a large geographical area that activates either Federal or State emergency laws, this Agreement shall remain in effect until or unless this Agreement conflicts with such Federal and State laws. 6.In the event of mobilization under this agreement, the requesting Agency shall take charge and command of the operation, unless the requesting Agency specifically requests that a different law enforcement agency fulfill this responsibility, or unless the scope of the problem is multi -jurisdictional.This shall include directing the assignment of all personnel and equipment, provided that the responding personnel and equipment shall be under the immediate supervision of the officer in charge of the responding Agency.The assignment of duties to officers of assisting Agencies shall be made by the supervising officer of the requesting Agency unless that responsibility is delegated to a different law enforcement Agency as indicated above provided,however,that at all times officers shall adhere to the policies and procedures of their own department and shall only be required to respond to lawful orders. 7.Each signatory agency should develop and maintain a current plan for mobilization of its personnel and other resources in order to effectively provide mutual aid to the other Agencies in the event of an emergency without depleting resources necessary within responding Agency's jurisdiction. 8.Upon receipt of a request for assistance, the authorized personnel of the party receiving the request shall immediately determine if equipment and personnel are available to respond to the requesting Agency and dispatch such equipment and/or personnel to the scene of the emergency with proper operating instructions.In the event the needed equipment and personnel are not available upon request, that Agency shall immediately advise the requesting Agency that it is NOT available to respond. 2 9.The requesting Agency shall have the responsibility of establishing a command post and notifying all responding Agencies at the earliest possible time of its location.The requesting Agency shall establish a command post in such a manner as to provide an area suitable for the staging and directing of resources. To facilitate the utilization of mutual aid, common frequencies will be used when possible.Agencies are urged, whenever possible, to establish and maintain adequate tactical or operational sub -nets sharing allocated frequencies with neighboring agencies on a restricted basis for mutual aid use. 10.The personnel and equipment of the responding Agency shall be released from service and returned to the responding Agency by the supervising officer in charge of the operations as soon as conditions warrant. 11.Each party to this Agreement agrees to be responsible for and assume liability for its own wrongful and negligent acts or omissions,including the negligence attributed to that party's command decisions, or those of its officers, agents, or employees to the fullest extent allowed by law, and agrees to save and hold every other party to this agreement and said parties, officers, agents, and employees harmless from such liability and to waive any liability legal claims that parties to this agreement might have against each other or anyone of them for liability arising out of the performance or non-performance of any act under this agreement.However, in any lawsuit brought against any other parties to this Agreement or as against their officers,agents,or employees by persons or entities not signatory to this agreement, then none of them shall be limited in their legal rights to request apportionment of any judgment rendered against them, and none of them shall be limited in their rights as provided under the laws of the State of Arizona,except that no Agency waives any immunities from liability resulting from its expenditure and participation in Mutual Aid activities for public purposes and governmental acts under this Agreement.Each Agency shall participate jointly in the defense of any and all such claims arising from the Agency's participation in this Agreement to the extent permitted by law in order that claims not be settled by one Agency to the detriment of another. 12.Each party agrees to be adequately self -insured or maintain adequate insurance coverage for its own equipment and personnel. 13.Each Agency shall only be responsible for the actions of its own employees and shall insure,its own employees for false arrest,assault and battery, false imprisonment or detention, malicious prosecution, libel or slander, wrongful entry or eviction or other invasion of rights of private occupancy and/or wrongful death, bodily injury, property damage and comprehensive liability. All pensions, relief, disability, workers' compensation, life and health insurance, and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdiction,shall extend to the services they perform under this Agreement outside their respective jurisdictions.Each party agrees that provisions of these benefits shall remain the responsibility of the 3 employing party even though injury may occur while the officer is under the direction of another Agency which is not the employer of the injured officer at the time of such injury. 14.This Agreement is not intended to replace, but rather to enhance those Inter -local Agreements previously executed by the Agencies to provide backup law enforcement services. 15.All Agencies participating in this Agreement will make press releases only through the primarily responsible Agency, or jointly, if Agencies have concurrent jurisdiction. 16.The transportation of prisoners will be coordinated by the supervising officer in charge of the incident. 17.In the event that State,Federal or other outside reimbursement is or becomes available and the terms of such reimbursement allow, those funds shall be distributed to all participating Agencies based upon their degree of participation and expenses incurred.Each agency shall be responsible for any repairs and/or damages done to their own vehicles as a result of its response pursuant to this Agreement. 18.Any Agency may withdraw from this agreement when a period of thirty (30) days has elapsed after notification is made by registered letter to all other Agencies to their normal business address. Withdrawal or non -execution of this Agreement by anyone Agency shall not affect the continued efficacy of the Agreement with regard to remaining Agencies. 19.The parties may amend, modify, or supplement this Agreement only by written agreement of the parties. 20.This Agreement contains the complete understanding of the parties regarding the subject matter of this agreement. 21.This Agreement shall take effect by and between two (2) or more Agencies upon approval by those Agencies' governing bodies as provided below, pursuant to A.R.S. § 13-3872, by providing an original signed Agreement and the list of "authorized personnel" to be contacted for assistance, to each Agency listed herein. This Agreement shall take effect as to those Agencies on the latter of the dates in which the original Agreement and list are received by other Agency(ies). IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by: 4 Roger Vanderpool, Director Date Arizona Department of Public Safety Janet Napolitano, Governor Date State of Arizona Attest: Arizona Secretary of State Date APPROVED AS TO LEGAL FORM: Assistant Attorney General Date Glenn Walp, Chief of Police Date City of Apache Junction Police Department !oti/J4 ttz-_,cet7 n Insalaco,-Mayor Date ity of Apache Junction Attest: City Clerk APPROVED AS TO LEGAL FORM: (17 1 Date 1' R. Joel Stern, Apache Junction City Attorney Date Robert Huddleston, Chief of Police Date City of Casa Grande Police Department Robert M. Jackson, Mayor Date City of Casa Grande Attest: City Clerk Date APPROVED AS TO LEGAL FORM: Brett Wallace, Casa Grade City Attorney Date Luis Martinez, Chief of Police Date Central Arizona College Police Department Chairman, Central Arizona College Date District Governing Board Attest: Clerk of the Board Date APPROVED AS TO LEGAL FORM: District Attorney Date James Palmer, Chief of Police Date City of Coolidge Police Department Thomas R. Shope, Mayor Date City of Coolidge Attest: City Clerk Date APPROVED AS TO LEGAL FORM: Coolidge City Attorney Date Bill Pitman, Chief of Police City of Eloy Police Department Date Byron Jackson, Mayor Date City of Eloy Attest: City Clerk Date APPROVED AS TO LEGAL FORM: Eloy City Attorney Date Robert Ingulli, Chief of Police Town of Florence Police Department Date Tom Rankin, Mayor Date Town of Florence Attest: Town Clerk Date APPROVED AS TO LEGAL FORM: James P. Mannato, Florence Town Attorney Date Joseph Martinez, Chief of Police Date Town of Kearny Police Department Debra Sommers, Mayor Date Town of Kearny Attest: Town Clerk Date APPROVED AS TO LEGAL FORM: Steve Cooper, Kearny Town Attorney Date Neal Mu!lard, Chief of Police Date Town of Mammoth Police Department James Williams, Mayor Date Town of Mammoth Attest: Town Clerk Date APPROVED AS TO LEGAL FORM: Mammoth Town Attorney Date Patrick Melvin, Chief of Police City of Maricopa Police Department Date Date Kelly Anderson, Mayor Date City of Maricopa Attest: City Clerk Date APPROVED AS TO LEGAL FORM: Denis Fitzgibbons, Maricopa City Attorney Date Todd Zweig, Chief Probation Officer Date Pinal County Adult Probation Pete Weaver, Director Date Pinal County Emergency Management Chris Vasquez, Sheriff Date Pinal County Sheriffs Office James P. Walsh, Pinal County Attorney Date Lionel Ruiz, Chairman of the Board Date Pinal County Board of Supervisors Attest: Clerk of the Board Date APPROVEDAS TO LEGALFORM: Deputy County Attorney Date Pinal County Attorney's Office Lou Digirolamo, Chief of Police Date Town of Superior Police Department Michael 0. Hing, Mayor Date Town of Superior Attest: Town Clerk Date APPROVEDAS TO LEGALFORM: Superior Town Attorney Date