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Home My WebLink AboutRES 09-58RESOLUTION NO. 09-58 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR REIMBURSEMENT O F OVERTIME AND EMPLOYMENT RELATED EXPENSES INCURRED DUE TO PINAL COUNTY LOCAL LAW ENFORCEMENT AGENCY PARTICIPATION IN THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY CONTRACT NO. 2010-410-024 FOR THE HIGH VISIBILITY IMPAIRED DRIVING ENFORCEMENT PROGRAM. WHEREAS,last year the Pinal County Board of Supervisors ("PCBS")approved Pinal County's participation in a Governor's Office of Highway Safety ("GOHS")contract for the High Visibility Impaired Driving Enforcement Program ("HVIDEP")by approving and signing Contract No.2008-410-003 in the total amount of $65,000.00; and WHEREAS,the City desires to participate again in the task force program of which funding was extended to the PCBS through acceptance of the HVIDEP State Contract No. 2010-410-024; and WHEREAS, GOHS Contract No. 2010-410-024, administered by the Pinal County Sheriff's Office,prescribes the scope, terms and duration of the program and is limited to reimbursement of overtime and employment related expenses incurred by local law enforcement agencies in the total amount of $97,500.00 to be incurred through September 30, 2010; and WHEREAS,the City and Pinal County are each authorized to participate in this Agreement pursuant to A.R.S. § 11-952. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I: The City of Apache Junction hereby approves the Intergovernmental Agreement with Pinal County to allow the City to be reimbursed for overtime and employee related expenses incurred by its police officers while participating in the County's DUI enforcement program under the terms of GOHS Contract No. 2010-410-024. RESOLUTION NO. 09-58 PAGE 1 OF 2 SECTION II: The Mayor is authorized to execute the Intergovernmental Agreement as set forth in Attachment I. SECTION III: City staff is authorized to take any and all steps necessary to carry out the purpose and intent of the agreement referenced herein. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 2ND DAY OF FEBRUARY , 2010. SIGNED AND ATTESTED TO THIS 2ND ATTEST: / ; KATHLEEN CONNELLY . City Clerk APPROVED AS TO FORM: 2 12 so1co R. JOEL STERN City Attorney RESOLUTION NO. 09-58 PAGE 2 OF 2 DAY OF FEBRUARY J,OHN S. INSALACO Mayor , 2010. ATTACHMENT I INTERGOVERNMENTAL AGREEMENT REGARDING REIMBURSEMENT OF OVERTIME AND EMPLOYMENT RELATED EXPENSES INCURRED DUE TO PINAL COUNTY LOCAL LAW ENFORCEMENT AGENCY PARTICIPATION IN THE 2010-410-024 GOVERNOR'S OFFICE OF HIGHWAY SAFETY CONTRACT FOR THE HIGH VISIBILITY IMPAIRED DRIVING ENFORCEMENT PROGRAM RECITALS WHEREAS, on November 20, 2009, the Pinal County Board of Supervisors approved Pinal County's participation in the Governor's Office of Highway Safety ("GOHS") Contract for the High Visibility Impaired Driving Enforcement Program ("HVIDEP") by approving and signing Contract Number 2010-410-024 in the total amount of $97,500.00; and WHEREAS, said contract is intended to fund the reimbursement of overtime and Employee Related Expenses ("ERE") incurred by'local law enforcement agencies participating in the GOHS Contract for the HVIDEP; and WHEREAS, GOHS Contract Number 2010-410-024, administered by the Pinal County Sheriff's Office, prescribes the scope, terms and duration of the program and is limited to reimbursement of overtime and ERE incurred by local law enforcement agencies in the total amount of $97,500.00 ; and WHEREAS, the local law enforcement agencies in Pinal County are willing to participate in this Pinal County DUI enforcement program under the terms of GOHS Contract Number 2010-410-024. AGREEMENT The participating local governments agree as follows: 1.Each party is authorized to participate in this Agreement pursuant to A.R.S. § 11-952. 2.Each party has read and agrees to the terms of GOHS Contract Number 2010-410-024, the terms of which are incorporated by reference into this Agreement. 3.This Agreement shall terminate on September 30, 2010, or as soon thereafter as GOHS completes reimbursement of eligible expenditures for ERE incurred by participating local law enforcement agencies. 4.Each party shall complete and submit the reports and forms required by GOHS Contract Number 2010-410-024 and the Pinal County Sheriff's Office designee for program compliance. 1 5.Each Party shall at all times provide and keep in full force and effect Arizona Workers Compensation Insurance as required by law.Each party shall provide the other with insurance certificates or proof of participation in a Risk and Retention Insurance Pool. No party shall allow its coverage to change, be cancelled, nor fail to renew without giving the other party at least thirty (30) calendar days' advance written notice. 6.For the purpose of workers' compensation, an employee of any party to this agreement, who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of any other party pursuant to this Agreement shall be deemed to be an employee of the party who is his primary employer and of the party under whose jurisdiction and control he is then working as provided in A.R.S. § 23-1022(D).The primary employer party of such an employee shall be solely liable for payment of workers' compensation benefits for the purpose of this section. Each party herein shall comply with the provisions of A.R.S. § 23-1022(E) by posting the public notice required by that section. 7.In addition to any insurance coverage required by this Agreement, each party agrees that it will be solely responsible for and will assume sole liability for its officer's acts or omissions of any kind, while performing any service or activity under this Agreement.In the event that a claim is made against any party for acts or omissions of any of its employees or officers, it is the intent of the parties to cooperate fully in the defense of said claim or claims and to cause their insurers to do likewise, to the extent practicable. 8.To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party or parties (as indemnitee) from and against all claims, losses, liability, costs, or expenses (including reasonable attorneys fees) arising out of bodily injury or death of any person or any property damage, but only to the extent that such claims which result in vicarious, derivative or other form of liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor or its employees or officers assigned to this DUI enforcement program. 9.No party is required to participate in each HVIDEP detail, and each party may assign officers or deputies to scheduled details as manpower and funding permit. 10. A party may terminate its participation in this the memorandum of understanding by giving the Pinal County Sheriff's Office thirty (30) calendar days' written notice of termination. below. The foregoing is approved by the governing body of the local government as evidenced 2 Date Pinal County by: Date Municipality by: Chairman,John S. Insalaco, Mayor Pinal County Board of Supervisors City of Apache Junction Attest:Attest: Clerk Kathleen Connelly, City Clerk COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Jim Walsh, Pinal County Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, Apache Junction City Attorney Date 3