Loading...
HomeMy WebLinkAboutRES 11-42RESOLUTION NO. 11-42 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 WITH TOWN OF KEARNY FOR TRAINING PUBLIC SAFETY STAFF. WHEREAS, the Town of Kearny ("Town") and the City of Apache Junction ("City"), both municipal corporations, desire to enter into an Intergovernmental Agreement ("IGA")allowing participation in the training of Public Safety staff; and WHEREAS,the Mayor and Town Council of the Town of Kearnyauthorized this IGA with Resolution 11-684 on -August 15th, 2011; and, that both parties desire to effectuate the arrangement. 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 attached Intergovernmental Agreement Regarding the Training of Public Safety Staff; and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The Police Chief is authorized to implement the terms and conditions of the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 20TH DAY OF SEPTEMBER,2011. SIGNED AND ATTESTED TO THIS 20TH DAY OF SEPTEMBER,2011. p./,)4,44(c et...tee-co 1 MIN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 11-42 PAGE 1 OF 2 APPROVED AS TO FORM: < 0 .---9 20.il RICHARD J. STERN City Attorney RESOLUTION NO. 11-42 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF KEARNY AND THE CITY OF APACHE JUNCTION J This INT RGOVERNMENTAL AGREEMENT ("Agreement") is entered into this .06-41 -day of , 2011 by and between TOWN OF KEARNY, an Arizona municipal corporation ("Town")and the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"),hereinafter collectively referred to as the "Parties" or individually referred to as a "Party". RECITALS WHEREAS, the Parties are authorized by A.R.S. Sections 11-951,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, Town is in need of assistance from City with training public safety staff in order to implement various governmental functions and to insure compliance with all applicable rules and regulations; and WHEREAS, Town desires to provide City with Town police cadets for assignment in City's police department in order that the cadets experience an increased volume of diverse police calls and receive meaningful instruction and evaluation from a City -assigned Field Training officer; and WHEREAS, the Town and the City desire to enter into this intergovernmental agreement as authorized under A.R.S. §§ 11-951, et seq. AGREEMENT THEREFORE, for and in consideration of the mutual promises of the Parties hereto, it is agreed as follows: SECTION 1.Definitions (a)"Chief Law Enforcement Officer" means that person who is the department head with peace officer authority (i.e. Chief) or his duly authorized representative having the primary responsibility for law enforcement within the jurisdiction or territory, whether designated by appointment or election. (b)"Field Training" means the one-on-one personal attention a Town cadet receives from a City training officer with regard to law enforcement operational exposure. SECTION 2.Duration and Purpose Once executed, this agreement shall be in effect for five years.The agreement shall be automatically renewed for like periods, until terminated pursuant to Section 11. The purpose of this agreement is to obtain maximum efficiency in cooperative law enforcement operations, specifically Field Training activities, pursuant to the authorization herein granted by the Chief Law Enforcement Officer and governing body of each Party. SECTION 3.Control and Supervision A.As long as the governing bodies of the Town and City have made available and have appropriated funds accordingly, the City's Police Department ("AJPD") shall Field Train a Town police cadet for a four to twelve week period.City will provide operational supervision in the form of a qualified supervisor under the command of a qualified AJPD staff member. This supervision extends to all Field Training personnel for the purposes of daily operations and assignments.While undergoing Field Training with City, the Town cadet will work the assigned shift and shall wear the City's Public Safety Uniform. B.Each Party shall retain sole responsibility for its officer's personnel related issues including all disciplinary matters.In the event that any conflict develops between the Parties concerning command and control of Field Training personnel, the Town will be given both immediate telephonic and written notice of the conflict, and the officer's status as a Field Training member shall be immediately suspended until the Parties otherwise resolve the matter. C.Each Party shall have sole management discretion as to the officer recommended for participation in the Field Training.However,City's Chief Law Enforcement Officer may, at any time during the term of this Agreement decline, refuse, or revoke the participation of an individual officer's participation in the Field Training in his or her sole discretion. SECTION 4.Responsibility for Damages Each Party shall be responsible and liable for damages caused by its personnel during that Party's participation in the Field Training, and/or during the course of rendering mutual law enforcement assistance, and otherwise, as provided by law. SECTION 5.Insurance Each Party shall at all times provide and keep in full force and effect workers compensation and comprehensive liability insurance for itself,its law enforcement personnel, and other employees with limits of not less than $2,000,000.00 per occurrence or claim. If requested, each Party shall furnish the other Party with certificates of insurance coverage or proof provided by its risk management officer. During the duration of this Agreement, no Party may cancel the insurance policies. SECTION 6.Liability and Indemnification 2 Town agrees to indemnify, defend and hold harmless City 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 as a result of the Field Training activities. SECTION 7.Equipment & Uniform AJPD will provide a workstation and necessary materials to complete office -based tasks, including a computer and desk telephone for Field Training members. Town shall provide its assigned personnel with all other tactical equipment necessary for carrying out law enforcement operations,including weapons,ballistic vests and other protective equipment as determined by the Field Training supervisor and Town shall pay for City- issued uniforms. SECTION 8.Reports All investigative and intelligence reports generated as a result of each Party's participation in Field Training shall be maintained for electronic and hard copy storage and/or dissemination at AJPD.Reports may be made available to Town upon written request to and approval from the Field Training supervisor.All administrative reports generated, such as training records, time sheets, etc., shall be distributed to Town. Necessary forms or documentation shall be provided to the Field Training supervisor, or designee, during Town's participation in Field Training. SECTION 9.Finances Town shall pay City the additional FTO supplemental personnel costs associated with the Field Training operations at the rate of $1.35 per hour for each hour a Field Training officer spends Field Training Town employees. Town shall send such payments to City within thirty (30) calendar days from billing date of invoices sent by City. Each Party shall secure and provide to/for payment of any agreed upon costs and expenses necessary to perform Field Training, as permissible within each Party's budget. If permitted by the terms of any grant funding, such amounts may be utilized to finance the Parties' participation in Field Training. 3 SECTION 10.Anti -Racketeering Fund Asset Sharing At least annually, the Parties will meet with the AJPD Chief Law Enforcement Officer or designee to determine the nature and amount of funds and/or assets obtained through investigations generated by Field Training. At that time, the Police Chiefs of each Party will establish an equitable asset -sharing plan for the funds or assets, utilizing statutory or regulatory anti -racketeering asset expenditure requirements.Available funds or assets shall be first allocated to Field Training requirements.Remaining funds or assets either may be retained in the Anti -Racketeering Fund for future law enforcement use by agreement of the Police Chiefs of each Party participating Field Training agencies. SECTION 11.Termination Either Party may terminate this Agreement at any time by providing sixty (60) calendar days' written notice of termination to the other Party.In the event of such termination, each Party shall retain possession of its separately owned equipment and property.All equipment purchased with Field Training funds, including grants or Anti- Racketeering funds,shall be retained by AJPD.In the event that Field Training is dissolved, remaining funds or assets shall be distributed to Town by agreement of the Police Chiefs of each Party. Periodic and/or temporary withdrawal of any Party's assigned officers shall not operate as a termination unless the formal, written notice of termination is served as set forth above. SECTION 12.Employment Status and Worker's Compensation The Parties shall each provide worker's compensation insurance, salary, and benefits 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. 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. Town agrees to provide any posting and notice to the employees as required A.R.S. § 23-1022(E) or otherwise provided by law. SECTION 13.Nondiscrimination The Parties 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 federal and state employment and educational opportunity laws,rules and regulations, including the Americans with Disabilities Act.No Party shall engage in any 4 form of illegal discrimination with respect to applications for employment or student status or employees or students. SECTION 14.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. SECTION 15.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. SECTION 16.Governing Law and Venue 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 Pinal County Superior Court of the State of Arizona, unless otherwise agreed upon by the impacted parties and each party waives the right to change venue to any other county. SECTION 17.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. SECTION 18.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. SECTION 19.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. 5 IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on the date written below. PARTIES TO THIS INTERGOVERNMENTAL AGREEMENT Date TOWN OF KEARNY By< a l y • Debra Sommers, Mayor ATTEST: Town Clerk j_k_b e Date CITY of APACHE JUNCTIO By:(11, John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk 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. tis -)tir• This 15 day of , 2011.This LC.day of AU ,2011. 671? eTheh R. Cooper Town Attorney 6 R. JeI Stern City Attorney