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HomeMy WebLinkAboutRES 09-65RESOLUTION NO.09-65 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 FOR PARTICIPATION IN THE EAST VALLEY DOMESTIC VIOLENCE FATALITY REVIEW TEAM. WHEREAS,the following public agencies are interested in forming a review team (the "Team")to examine fatalities involving domestic violence:the cities of Apache Junction, Chandler,Mesa,Scottsdale,Tempe;the Town of Gilbert;and Arizona State University; and WHEREAS,the parties have crafted a written agreement in the form of an intergovernmental agreement which sets forth the conditions for such arrangement; and WHEREAS,the City of Apache Junction has long supported efforts to prevent and reduce domestic violence; and WHEREAS,domestic violence is a pattern of behavior that includes the use of or threat of violence and intimidation for the purpose of gaining power and control over another person; and WHEREAS,there has been a statistical rise in deaths associated with domestic violence in Arizona; and WHEREAS,domestic violence accounts for over 50% of female homicides in the USA; and WHEREAS,examination of incidents can assess how law enforcement,court systems, and social services can be improved to help prevent such incidents; and WHEREAS,the East Valley Association of Police Chiefs will staff and coordinate the Team activities; and WHEREAS,the City Council finds that consideration of the public safety,health and general welfare of potential domestic violence victims warrants the formation and participation in the Team; and WHEREAS,pursuant to A.R.S.§11-952(A),public entities may enter into intergovernmental agreements with other RESOLUTION NO.09-65 PAGE 1 OF 2 municipalities and governmental entities for joint or cooperative activities; and WHEREAS,the parties may pursuant to A.R.S.§ 41-198 form the Team for the purposes referenced above. 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 Attachment A,the Intergovernmental Agreement for the formation and participation in the East Valley Domestic Violence Fatality Review Team; 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)days after full execution by all Parties. 3.The Chief of Police is authorized to participate as a Team leader to carry out the duties of the Team and purpose of the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS __16THDAY OF MARCH,2010, and SIGNED AND ATTESTED TO THIS .16IEL DAY OF MARCH , 2010. 1,24ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO.09-65 PAGE 2 OF 2 1 S. I SALACO ATTACHMENT A INTERGOVERNMENTAL AGREEMENT REGARDING THE CREATION AND PARTICIPATION IN THE EAST VALLEY DOMESTIC VIOLENCE FATALITY REVIEW TEAM This Agreement is entered into pursuant to A.R.S. §§11-951 et seq.and A.R.S. §41-198 among the City of Apache Junction, Arizona State University, the City of Chandler, the Town of Gilbert, the City of Mesa, the City of Tempe and the City of Scottsdale.The aforementioned agencies shall herein after be known collectively as the East Valley Agencies (EVA) and any other public agencies, as that term is defined in A.R.S. § 11-951, which after invitation by the Review Team Co -Chairpersons (Co -Chairs) in concurrence with the EVA chiefs, comply with the provisions of A.R.S. §§11-951 et seq.and files an authorizing document with the Secretary of State and County Recorder in the County in which the agency is located in that references this Agreement and meets the requirements of the statutes.A public agency shall become a Party to this Agreement as of the date that agency files with the Secretary of State.All members to this Agreement shall be collectively known as the Parties. I. PURPOSE The purpose of this Agreement is to create and operate an East Valley Domestic Violence Fatality Review Team (Review Team) pursuant to A.R.S. §41-198. The Review Team shall from time to time as needed examine incidents of domestic violence related fatalities to better understand the dynamics of these fatalities within the jurisdictions of the member agencies.The Review Team shall report to the Office of the Attorney General its findings of any case reviewed and recommendations as to how incidents of 'domestic violence related fatalities may be prevented and how systems designed to deal with domestic violence may be improved. II. AUTHORITY The Parties are authorized and empowered to enter into this Agreement pursuant to A.R.S. §§11- 951 et seg.,A.R.S. §41-198, the respective provisions of their City Charters or other governing statute or authority. III. CHAIRPERSONS, CONDUCT OF MEETINGS AND ASSIGNMENT OF TEAM MEMBERS A. Two Co -Chairpersons will be selected by the chief law enforcement officers (chiefs) of the EVA agencies on a rotating basis for a term of one year, which shall correspond with the effective date of the Agreement. At their sole discretion, the EVA chiefs may select a chief or designee of a new participating agency to be a Co -Chair.The Co -Chairs of the Review team must be chiefs of Parties to this Agreement, or their designees.Selected designees must be members of an EVA law enforcement agency.In the event that a Co -Chair is unable to complete his or her term due to resignation from his or her agency or for any other reason, the EVA chiefs shall appoint a replacement. B.The Co -Chairs will be responsible for the promulgation of policy and oversight for the conduct of the Review Team.The Co -Chairs shall call meetings as necessary and be responsible for submitting any report prescribed by A.R.S. §41-198.The Co -Chairs shall be responsible for the conduct and agenda of any Review Team meetings.The Co -Chairs may decide between themselves whether both or only one of them need be present at any particular meeting. C. The Co -Chairs may appoint any number of members to the Review Team as needed.These members may include but are not limited to types of representatives listed in A.R.S. §41-198(G). Nothing in this Agreement shall be construed to require the Co -Chairs to select members pursuant to A.R.S. §41-198(G).All Review Team members shall serve at the pleasure of the Co- Chairs and may be asked to serve either for a single case review or additional case reviews as determined by the Co -Chairs. IV.COMPLIANCE WITH A.R.S. §41-198, CONFIDENTIALITY REQUIREMENTS AND RETURN OF RECORDS The Review Team, all Parties to this Agreement and all persons selected to serve as members of the Review Team shall comply with the requirements of A.R.S. §41-198.Each person serving on the Review Team shall sign an affidavit indicating that they have read and understand the requirements of the statute.These requirements include but are not limited to the following: A.All information and records acquired by a review team are confidential and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding or disciplinary action. Information that is otherwise available from other sources is not immune from subpoena, discovery or introduction into evidence through those sources solely because they were presented to or reviewed by a review team.A person who violates the confidentiality requirements of this section is guilty of a class 2 misdemeanor. B.A member of a review team or any person who presents information to a review team shall not be questioned in any civil or criminal proceeding or disciplinary action regarding the information presented. This subsection does not prevent a person from testifying regarding information obtained independently of the review team or as to public information. C.When a review team concludes a fatality review, it shall return all information and records concerning the victim and the family to the agency that provided the information or, if directed by that agency, it shall destroy that information. V.SPECIAL REQUIREMENTS FOR MEETINGS Pursuant to A.R.S. §41-198(F), Review Team meetings are closed to the public and are not subject to Title 38, Chapter 3, Article 3.1 if the Review Team is reviewing a domestic violence fatality case.All other Review Team meetings are open to the public. VI. COSTS AND ANY REIMBURSEMENT The Parties will be responsible for any associated costs incurred by their respective agencies. If any Party receives grant funds designated for the Review Team, some or all of these expenses may be reimbursed to the Parties. In no event shall any Party charge other Parties for any administrative fees for any work performed pursuant to this Agreement. VII. 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 Executive Order 75-5, as modified by Executive Order 99-4, 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 federal and state employment and educational opportunity laws, rules and regulations,including the Americans with Disabilities Act; provided however, an Indian Community is subject to 25 U.S.C.§ 450e(c).No Party shall engage in any form of illegal discrimination. VIII. INDEMNIFICATION To the extent permitted by law, each Party does hereby covenant and agree to indemnify, defend, and hold harmless the other Party,their elected officials,appointees,officers,employees, contractees,and agents from and against any and all suits,actions,legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which, are the result of any act or omission of the Party, it officers, employees, contractees, agents, and anyone acting under its direction or control, whether intentional or negligent, in connection with or incident to this Agreement.Failure of a Party to comply with the terms of this Agreement shall not provide the basis of any third party action against any of the Parties. IX. GOVERNING LAW The laws of the State of Arizona shall govern this Agreement.Venue will be in the Maricopa County Superior Court unless the subject matter of the dispute involves an Indian Community, then venue shall be in the Federal District Court for the State of Arizona.In the event of any litigation or arbitration arising out of this Agreement, the substantially prevailing Party in such litigation or arbitration shall be entitled to recover its reasonable attorney fees, expert witness fees and other costs of litigation. X.DURATION AND CANCELLATION OF AGREEMENT A. This Agreement shall become effective upon execution by the Parties hereto and filing with the Secretary of State and shall remain in effect until July 1, 2015, unless otherwise terminated by the terms of this Agreement or operation of law. Failure by one or more Parties to execute the Agreement shall not invalidate the Agreement as to those Parties who 'did so.Any Party may withdraw from this Agreement with or without cause by giving thirty calendar days written notice to a Co -Chair and other Parties to the Agreement. B.This Agreement may be administratively extended by each Party at the direction of the chief law enforcement officer for each Party on or before the Termination date for a period of an additional five years by notifying a Co -Chair in writing. Any Party which fails to do so by the termination date listed above shall no longer be a Party to the Agreement. XI. CANCELLATION PROVISIONS PURSUANT TO A.R.S §38-511 The Parties reserve all rights that each may have to cancel this Agreement for possible conflicts of interest under A.R.S. § 38-511, as amended. XII. MULTIPLE COUNTERPARTS This Agreement 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 a Party to its legislative body or equivalent for approval, that particular counterpart shall have to be signed and executed in accordance with that Party's practice.The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. XIII. OTHER PROVISIONS A. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision hereof. B.This Agreement contains the entire understanding between the Parties with respect to the subjects hereof and supersedes all prior negotiations and agreements. This Agreement may be amended only by an instrument in writing and signed by all the participating Parties. The waiver of any breach of this Agreement shall not be deemed to amend this Agreement and shall not constitute waiver of any other subsequent breach.Headings are for convenience and shall not affect interpretation. C. This Agreement shall be recorded with the Secretary of State pursuant to A.R.S. § 11-952(G) upon its execution and an original bearing the stamp of the Secretary shall be forwarded to the current Chairpersons of the Review Team with a copy to each Party. D. Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, each Party certifies that it does not have a scrutinized business operation, as defined in A.R.S. §§ 35-391 and 35-393, in either Sudan or Iran. XIV COMPLIANCE WITH E -VERIFY PROGRAM A. To the extent provisions of A.R.S. §41-4401 are applicable, all Parties warrant to each Party that they will comply with all Federal Immigration laws and regulations that relate to their employees and that each now complies with the E -Verify Program under A.R.S. §23-214(A). B.A breach of this warranty will be considered a material breach of this Agreement and may subject the breaching party to penalties up to and including termination of this Agreement. C.All of the Parties retain the legal right to inspect the papers of any employee who works pursuant to this Agreement or any related subcontract to ensure compliance with the warranty given above. D. Any Party may conduct a random verification of the employment records of any other Party to ensure compliance with this warranty. E. A Party will not be considered in material breach of this Agreement if it establishes that it has complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the E -Verify requirements prescribed by A.R.S. §23-214(A). F. The provisions of this Article must be included in any contract either Party enters into with any and all of its contractors or subcontractors who provide services under this Agreement. XV. NOTICES Any notice required to be given under this Agreement will be provided to the current Co -Chairs with a copy to all Parties to this Agreement.The Co -Chairs or designees shall compile a list of each Party's address, phone number and contact person and distribute said list to each member to this Agreement. IN WITNESS WHEREOF, the Party named below has executed this Agreement on CITY OF APACHE JUNCTION,an Arizona municipal corporation By: John S. Insalaco, Mayor ATTEST: Kathy Connelly, City Clerk APPROVED AS TO FORM: R. Joel Stern, City Attorney Reviewed By:- Jerald Monahan, Chief of Police INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with A.R.S.§11-952,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 Apache Junction By: R. Joel Stern, City Attorney Date: