HomeMy WebLinkAboutRES 11-11RESOLUTION NO. 11-11
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 ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR
PARTICIPATION IN THE ARIZONA VEHICLE THEFT TASK FORCE.
WHEREAS,the Arizona'Department of Public Safety,a
political Subdivision of the State .of Arizona ("DPS")and the
City of Apache Junction,an Arizona municipal corporation
("City"),desire to enter into an Intergovernmental Agreement
("IGA")allowing City .to participate in the Arizona Vehicle
Theft Task Force ("task force"); and
WHEREAS, the task force is comprised of city, county, state
and federal law enforcement agencies working together to
identify,apprehend,and prosecute individuals and criminal
organizations who commit theft of motor vehicles and related
crimes; and
WHEREAS,City's participation in this multi -agency task
force will benefit the City by focusing proactive vehicle theft
enforcement and deterrence efforts in the City; and
WHEREAS, the parties have crafted a written agreement which
sets forth the conditions for such arrangement; and
WHEREAS,pursuant to A.R.S.§11-952(A),public entities
may enter into intergovernmental agreements with other
municipalities and governmental entities for joint or
cooperative activities.
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 Regarding Arizona Vehicle Task Force;and the
Police Chief 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.
RESOLUTION NO. 11-11
PAGE 1 OF 2
3.The Chief of Police is authorized to designate an officer
to carry out the duties under and purpose of the agreement.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 1111._ DAY OF APRIL ,2011.
SIGNED AND ATTESTED TO THIS 5TH DAY OF
(JAHN S. INSALACO
`Playor
APRIL , 2011.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-11
PAGE 2 OF 2
A. G. CONTRACT NO. P001-./01I DPS CONTRACT NO..24 (1 - e
INTERGOVERNMENTAL AGREEMENT
REGARDING
ARIZONA VEHICLE THEFT TASK FORCE
Recitals
A. This Intergovernmental Agreement ("IGA") is entered into between the State of Arizona,
through its Department of Public Safety, hereinafter referred to as "DPS", and the City of
Apache Junction, an Arizona municipal corporation, hereinafter referred to as "Agency."
B.The purpose of this Agreement is to enhance law enforcement services concerning vehicle theft
through the cooperative efforts of the parties to this Agreement.
C. DPS is authorized and empowered to enter into this IGA pursuant to A.R.S. § 41-1713 B.3; both
parties are authorized and empowered to enter into this IGA pursuant to A.R.S. § 11-952.
Agreement
Now, in consideration of the mutual promises set forth herein, the parties hereby agree to the
following terms and conditions:
I. Participation
The Agency agrees to assign one (1) P.O.S.T. certified sworn law enforcement officer, herein
referred to as "officer", to the Arizona Vehicle Theft Task Force on a full-time basis, for such
assignments within the purposes of this contract, as directed by DPS.During this assignment,
DPS and the Agency agree to allow the officer to maintain all benefits, rights and privileges
available -to the officer as if the officer were assigned on a full-time basis to the Agency.The
officer must abide by all of the applicable rules and regulations of the Agency and is subject to
the Agency's disciplinary process.In the event the officer is involved in a critical incident, as
defined by DPS policy, the Agency agrees to cooperate with, and participate in, any investigation
and/or critical incident review conducted by DPS for the purpose of evaluating the policies and
procedures utilized by the Task Force.
IL Reimbursement
DPS agrees to reimburse the Agency on a quarterly basis, for 75% of the salary of the assigned
police officer and 100%of pre -authorized Task Force related overtime hours per month
(depending upon funding by the Arizona Automobile Theft Authority), based on DPS weekly
time accounting summary.The Agency agrees to provide to DPS the following information: the
officer's annual and hourly rate of pay, the officer's hourly overtime rate of pay and associated
ERE (employee related expenses) costs. DPS is not obligated to reimburse the Agency for salary
raises or modifications to base salaries unless the Agency notifies DPS at least ninety (90)
calendar days prior to the effective date of such modification.All approved travel expenses will
be reimbursed directly to the officer by DPS under the employee travel reimbursement
guidelines established by the Arizona Department of Administration.DPS shall assign and
maintain a vehicle which will be provided in accordance with DPS vehicle policy to the Agency
the Agency officer anigned to the Task Force. The maintenance and use of the DPS vehicle will
be in conformance and compliance with all DPS rules and regulations.
III. Availability of Funds
Every payment obligation of DPS under this agreement is conditioned upon the availability of
funds appropriated or allocated for the payment of such obligation. If funds are not allocated and
available for the continuance of the agreement, the agreement may be terminated by DPS at the
end of the period for which funds are available.No liability shall accrue to DPS in the event this
provision is exercised, and DPS shall not be obligated or liable for any future payments or for
any damages as a result of termination under this paragraph.
IV. Nondiscrimination
All parties agree to comply with the non-discrimination provisions of the Governor's Executive
Order 99-4.
V. Indemnification
Each party (as Indemnitor') agrees to indemnify, defend, and hold harmless the other party from
and against any and all claims,losses,liability,costs,or expenses,including reasonable
attorney's fees, arising out of the bodily injury of any person or property damage, but only to the
extent that such claims are caused by the act, omission, negligence, misconduct, or other fault of
the indemnitor, its officers, agents, or employees.
VI.Drug Free Workplace
Any officer assigned to the task force will be subject to random and/or for cause drug and
alcohol testing in accordance with the Agency's guidelines and the DPS Drug Free Workplace
Program guidelines.Each assigned officer shall be subject to the responsibilities of and shall
retain all rights as provided for in the DPS Drug Free Workplace Program Manual, DPS Form
Number DPS 932-02056.DPS shall not charge any fee or cost to the Agency for any assigned
officer who undergoes testing.Officer may be removed from the task force for failure to comply
with the Agency's guidelines/drug screening requirement or for his/her failure to comply with
DPS program/drug screening requirements.
VII.Immigration Compliance
All parties agree to comply with all applicable federal immigration laws and regulations of the
G'overnor's Executive Order 2005-30.
VIII. Termination
Either party may terminate this Agreement for convenience or cause with thirty (30) calendar
days written notice to the other party.Upon termination, DPS shall pay the Agency all
outstanding amounts up through the time at which the termination becomes effective.All
property shall be returned to the owning party upon termination.
Page 2 of 4
February 2011
Any notice required to be given under this Agreement will be provided by mail to:
Brian W. Wilcox, Major
Arizona Department of Public Safety
P.O. Box 6638
Phoenix, Arizona 85005
IX. Cancellation
Jerald Monahan, Chief
Apache Junction Police Department
300 East Superstition Blvd.
Apache Junction, AZ 85119
All parties are hereby put on notice that this contract is subject to cancellation for conflicts of
interest, pursuant to A.R.S. § 38-511.
X. Recordkeeping
All records regarding this Agreement, including officer's time accounting logs, must be retained
for five (5) years after completion of this Agreement, in compliance with A.R.S. § 35-214.
XI. Fees
Neither party may charge the other for any administrative fees for work performed pursuant to
this Agreement.
XII. Jurisdiction
DPS gives prior consent to extend law enforcement authority of the participating Agency to the
jurisdiction of DPS, pursuant to A.R.S. § 13-3871.The Agency agrees to permit their officer to
work outside of their regular jurisdictional boundaries, as any peace officer can in the State of
Arizona.
XIII. Limitations
This agreement does not relieve either agency of its official duties and shall not be construed as
limiting or expanding the statutory responsibilities of the parties.
XIV. Arbitration
In the event of a dispute under this IGA, the parties agree to use arbitration to the extent required
under A.R.S. §§ 12-1518 and 12-1 3 3.
XV. Effective Date/Duration
This Agreement shall become effective upon the execution of two (2) originals by the parties.
This Agreement shall be for a term of one (1) year after the Agreement becomes effective, but
shall automatically renew itself on July V'of each year if DPS sends out a written notice of
funding availability to the Agency within thirty (30) calendar days prior to the end of each year.
All prior agreements regarding the task force are canceled as of the effective date of this
agreement.
Page 3 of 4
February 2011
XVI.Worker's Compensation Benefits
Pursuant to A.R.S. §23-1022 D, for the purposes of worker's compensation coverage, all
employees covered by this Agreement shall be deemed to be an employee of both agencies. The
primary employer shall be solely liable for payment of worker's compensation benefits.
IN WITNESS WHEREOF, THE PARTIES HEREBY subscribe their names this day of
,201 I.
State of Arizona
By:
Robert C. Halliday,
Arizona Department
City of Apache Junction
Foia By:
cavr
ic Safety
Date:Z.cdt%Date:
Jerald Monahan,Chief
Apache Junction Police Department
Approved as to Form:Approved as to Form:
Assistant Attorney General
r
City Attorney
Date Date
Page 4 of 4
February 201 1
TOM HORNE
ATTORNEY GENERAL
„4„.,
OFFICE OF THE ATTORNEY GENERAL
CIVIL DIVISION / TRANSPORTATION SECTION
Brian D. Schneider
Assistant Attorney General
Direct No.: 602-542-8863
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
A.G. Contract No. P001-2011-000634 (DPS 2011-012), an Agreement between public
agencies, i.e., Arizona Department of Public Safety, Vehicle Theft Task Force and Apache
Junction Police Department, has been reviewed pursuant to A.R.S. § 11-952, as amended, by the
undersigned Assistant Attorney General, who has determined that it is in the proper form and is
within the powers and authority granted to the State of Arizona.
No opinion is expressed as to the authority of the remaining Parties, other than the State
or its agencies, to enter into said Agreement.
DATE ,2011.
TOM HORNE
Attorney General
BRIAN D. SCHNEIDER
Assistant Attorney General
BDS:ln:1654597
Attachment
1275 West Washington, Phoenix, Arizona 85007-2926 •Phone 602-542-1680 •FAX 602 -542-3696 •
www.azag.gov