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HomeMy WebLinkAboutRES 08-03RESOLUTION NO. 08-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF MESA REGARDING COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS AMONG PUBLIC AGENCIES WITHIN THE STATE OF ARIZONA. WHEREAS,the City of Mesa ("Mesa")and the City of Apache Junction ("Apache Junction"),each an Arizona municipal corporation, desire to enter into an Intergovernmental Agreement ("IGA")allowing Apache Junction to obtain law enforcement training from Mesa for police officers and police officer recruits; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement and will expand the scope of the existing agreement entered into with Mesa in 2006; and WHEREAS,pursuant to A.R.S.§ 11-952(A),public entities may enter into Intergovernmental Agreements for joint or cooperative action. 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 with Mesa regarding cooperative law enforcement training operations among public agencies within the State of Arizona and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2.Staff shall record such document in the Pinal County Recorder's office within sixty (60)calendar days after full execution by both entities. RESOLUTION NO. 08-03 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF FEBRUARY,2008. SIGNED AND ATTESTED TO THIS 19TH DAY OF,FEBRUARY,2008. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO..08-03 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT REGARDING COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS AMONG PUBLIC AGENCIES WITHIN THE STATE OF ARIZONA This INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into this day of , 2008 by and between THE CITY VF MESA (the "Host Agency") and the CITY OF APACHE JUNCTION (the "Non -Host Agency") (collectively the "Parties"). Any public agency, as that term is defined in Arizona Revised Statutes § 11-951, that complies with the provisions of A.R.S. §11-952, and files a document with the Secretary of State that references this agreement and meets the requirements of the statute, shall be a Party to this agreement as of the date of that agency's filing with the Secretary of State. RECITALS WHEREAS, the Parties are authorized by A.R.S. Section 11-952 et seq.to enter into agreements for the joint exercise of any power common to the contracting parties as to governmental functions necessary to the public health, safety and welfare, and the proprietary functions of such public agencies; and WHEREAS, The Non -Host Agency is seeking miscellaneous training services that The Host Agency is willing to provide for police recruits and police officers to be conducted at The Host Agency's training academy and at other training facilities. AGREEMENT NOW, THEREFORE, the parties agree as follows: I.Purpose of Agreement The Parties desire to enter into this agreement for the purpose of facilitating the training of Non -Host Agency Police Officer Recruits and Police Officers by The Host Agency's Police Department representatives for any and all law enforcement activities.Such training may include, but is not limited to, recruit and in-service academy training and specialty schools for both sworn and civilian personnel. II. Authority The Parties are authorized and empowered to enter into this Agreement pursuant to A.R.S. §§11-951, 952, A.R.S. §13-3872 and the respective provisions of their City Charters, Tribal Constitutions or other governing authority. III. Definitions a.Host Agency: The Party sponsoring or conducting the training. b.Non -Host Agency: The Party that has sent employees to training at a Host Agency. c.Partnering Non -Host Agency:A public body that is not a signature party to this Intergovernmental Agreement, but who has entered a substantially similar agreement with the Host Agency. d.Training Attendee:An employee of the Host Agency, Non -Host Agency or Partnering Non -Host Agency who is or has attended training at the Host Agency. IV.Duration and Termination This Agreement shall begin on the 1st day of January, 2008, or shall become effective on the date either it is filed with the Secretary of State as required by A.R.S. § 11-952(G), whichever occurs later. The agreement shall terminate on the 1st day of January, 2015. This Agreement may be terminated by either Party, with or without cause, upon thirty (30) days' written notice to the other Party. Said notice must be sent by certified mail to the person and address designated below to receive notice on behalf of each party.Notwithstanding the foregoing, if the Host Agency terminates this Agreement, such termination, unless for cause, shall not affect the continued participation of any training attendee currently attending a training program. V. Fees for Training The Parties shall agree upon a reasonable fee that the Non -Host Agency shall pay to the Host Agency for training that falls within this agreement.In establishing the fee, the Parties may consider the nature and duration of the training; the additional expenses associated with participation by the Non -Host Agency; non -monetary contributions by the Non -Host Agency in facilities,personnel or equipment,the participation and monetary and non -monetary contributions of Participating Non -Host Agencies, and; the experience, value and goodwill inherent in the Parties training together.The Chief of Police of the Host Agency has the discretion to waive fees, in whole or in part, for the Non -Host agency when it is in the best interest of the Host agency. If seats are made available to Non -Host Agency Police Officer Recruits in any Host Agency Police Department general training or Academy training classes, The Non -Host Agency shall pay The Host Agency a fee for such services. That fee shall be an amount set by The Host Agency but shall be a reasonable fee consistent with prevailing amounts charged by other municipalities and agencies that provide similar training services. The fee is nonrefundable and is an amount deemed by The Host Agency to be sufficient to cover the expenses associated with each Non -Host Agency recruit/officer's participation.The Non -Host Agency shall pay the fees for any officer enrolled in the class prior to the first day of class. VI. Availability of Training 2 Nothing in this agreement requires the Parties to host training or to provide training slots in any particular training class to a Non -Host Agency. VII.Training Records The Host Agency will provide original training records for training attendees upon the completion of any training,completion of the Academy or termination of the training attendee's participation in the Academy or other training. The Host Agency will maintain records of lesson plans, class rosters, and other documentation common to the class as a whole when the law, law enforcement standards or best practices dictate the preservation of such information. VIII.Equipment and Assistance With Training The Host Agency shall provide information to the Non -Host Agency that specifies the equipment and materials that the Non -Host Agency must provide to its training attendees in order for the training attendee to participate in the training program.The Non -Host Agency agrees to provide such equipment to its training attendee(s) as a condition of participation in the training program. Upon reasonable request,the Non -Host Agency agrees to provide instructors or administrative assistance to the Host Agency.When the Non -Host agency has facilities such as a driving track, firearm range, etc. that can facilitate a specific training, the Non -Host agency agrees to allow the Host agency to incorporate such facilities into the training when feasible and in the best interest of all Parties. The use of such facilities should be considered an offset, in whole or in part, for the fees assessed in Paragraph V. IX.Discipline and Academic Requirements The Host Agency reserves the right, in its sole discretion, to decide whether the training attendees are maintaining the minimum requirements necessary to continue in the training. The Host Agency also retains the right, in its sole discretion, to remove a training attendee from a training program for academic, ethical, disciplinary or performance standards applicable to training attendees. Training attendees shall be treated in the same manner for purposes of training, academics, ethics and discipline.Should the need arise for an Internal Affairs investigation of the actions of a training attendee(s),the training attendee's agency will conduct the investigation of its employee(s). The Host Agency will have the sole authority over (1) the curriculum and content of instruction, (2) the training schedule and hours, (3) decisions about whether training attendees 3 should remain in the training, and (4) the implementation and execution of policies and procedures applicable to the training program. The Parties understand that in certain training programs, the curriculum will consist of the standard Host Agency training.Although some facilitation of cross -training on Non -Host Agency materials may occur when feasible, training programs based heavily on policy and procedure shall focus on the policies and procedures of the Host Agency. The Host Agency will maintain communication with the Non -Host Agency on issues such as academics, physical fitness, discipline, Arizona POST requirements or others concerns that impact employees' ability to successfully complete the training program.The Host Agency will consult with the Non -Host Agency if/when an employee of the Non -Host Agency is in danger of being separated from a training program for performance issues. X.Employment Status and Compensation of Law Enforcement Officers The Parties shall each provide worker's compensation insurance, salary, benefits, weapons, ammunition and uniforms for their respective employees. Except as otherwise provided by law,specifically A.R.S.§23-1022(D),in the performance of this Agreement both Parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint ventures, or associates of each other.The employees, agents, or subcontractors of one Party shall not be deemed or construed to be the employees or agents of the other Party. XI. Worker's Compensation/ Posting Pursuant to A.R.S. § 23-1022 (D), for the purposes of worker's compensation coverage, all training attendees participating in a training program covered by this agreement shall be deemed to be an employee of all agencies.The primary employer shall be solely liable for payment of worker's compensation benefits or liable for any damages owed to an employee who has opted out of worker's compensation coverage. Any Agency sending a training attendee to a training program covered by this agreement agrees to provide any posting and notice to the employees as required A.R.S. §23- 1022(E) or otherwise provided by law. XII.Nondiscrimination The Parties to this Agreement shall comply with all applicable provisions of state and federal non-discrimination laws and regulations including, but not limited to, State Executive Order No. 99-A, which mandates that all persons, regardless of race, religion, sex, age, national origin or political affiliation shall have equal access to employment opportunities and all other 4 federal and state employment and educational opportunity laws,rules and regulations, including the Americans with Disabilities Act.No Party shall engage in any form of illegal discrimination with respect to applications for employment or student status or employees or students. XIII.Agreement To Hold Harmless To the extent allowed by law, the Non -Host Agency shall indemnify, defend and hold harmless the Host Agency, and its respective governing bodies, officers, agents and employees, for, from and against any and all claims, demands, suits, costs (including reasonable attorneys' fees and costs of litigation),liabilities,expenses or damages resulting from any injuries sustained by a Non -Host Agency training attendee and for any damages caused by the negligence or intentional acts of the Non -Host Agency training attendee, as a result of, or related to, training provided under this Agreement. XIV.Participating Non -Host Agencies The Host agency agrees to either execute a same or similar agreement with any Participating Non -Host Agency or to indicate in advertising materials for the training that entities that are not a party to this agreement are permitted to attend the training. XV. Entire Agreement This Agreement contains the entire understanding of the Parties hereto.There are no representations or other provisions other than those contained herein, and any amendment or modification of this Agreement shall be made only in writing and signed by the parties to this Agreement. XVI. Invalidity of Part of the Agreement The Parties agree that should any part of this Agreement be held to be invalid or void, the remainder of the Agreement shall remain in full force and effect and shall be binding upon the Parties. XVII. Governing law and Dispute Resolution The laws of the State of Arizona shall govern this Agreement. This Agreement shall incorporate by reference all laws governing the intergovernmental agency agreements and mandatory contract provisions of state agencies required by statute or executive order. Venue for disputes among the Parties to this agreement will be in the Maricopa County Superior Court of the State of Arizona, unless otherwise agreed upon by the impacted parties.Federal or Tribal Agencies impacted by a dispute may move the dispute to Federal District Court for the State of Arizona. 5 To the extent required by law, the parties agree to abide by the arbitration provision in A.R.S. §12-1518. XVIII. Dispute Resolution If there is a dispute that is subject to the mandatory arbitration provisions of A.R.S. Section 12-133, the parties shall submit the matter to binding arbitration in compliance with A.R.S. Section 12-1518. XIX. Conflict of Interest The Parties acknowledge that this Agreement is subject to cancellation provisions pursuant to A.R.S. § 38-511, as amended, the provisions of which are incorporated herein and made a part hereof. XX.Notices All notices,requests for payment,or other correspondence between the Parties regarding this Agreement shall be mailed or delivered to the respective Parties at the public address listed for the senior law enforcement official for that public agency. XXI. Contract Administrator The Parties agree to designate a Contract Administrator for this agreement and to notify other parties of the contact information for the designee. XXII. Record Retention To the extent required by law, the parties agree to abide by the record retention provisions of A.R.S. §§ 35-214 and 35-215. 6 IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on the date written below. CITY OF APACHE JUNCTION:CITY OF MESA: Dated:Dated: By:By: George Hoffman City Manager Chris Brady City Manager ATTEST:ATTEST: Kathleen Connelly City Clerk City of Apache Junction Linda Crocker City Clerk City of Mesa In accordance with A.R.S. § 11-952, this contract has been reviewed by the undersigned who has determined that this contract is in appropriate form and within the powers and authority granted to each respective public body. This day of ,2008.This day of 2008. Joel Stern Debbie Spinner City Attorney City Attorney City of Apache Junction City of Mesa 7