HomeMy WebLinkAboutRES 18-36RESOLUTION NO. 18-36
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF
APACHE JUNCTION T O ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH ARIZONA BOARD O F REGENTS FOR AND O N
BEHALF OF ARIZONA STATE UNIVERSITY FOR LAW ENFORCEMENT
SERVICES.
WHEREAS, Arizona State University ("ASU")is located in the
cities of Phoenix,Tempe,Glendale,Mesa and Scottsdale and has
jurisdictional authority over and public safety interests in its
campuses; and
WHEREAS,ASU has the need for qualified personnel to
provide law enforcement security services for campus special
events; and
WHEREAS,the City of Apache Junction (the "City")desires
to participate in providing law enforcement security services to
ASU by making available certified law enforcement officers; and
WHEREAS,the Apache Junction Police Department ("AJPD")is
willing to assist ASU by allowing officers to provide necessary
law enforcement services; and
WHEREAS, AJPD officers will provide services in an off -duty
capacity and will be financially compensated by ASU; and
WHEREAS,pursuant t o A.R.S.§11-952(A),public entities
may enter into intergovernmental agreements with other
municipalities and governmental entities for joint o r
cooperative activities; and
WHEREAS,the City and ASU have crafted the legal
arrangement in the form of the attached intergovernmental
agreement which sets forth the terms and conditions of the
services requested.
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 form of the
intergovernmental agreement for law enforcement services to
Arizona State University, as set forth in Attachment A;and
RESOLUTION NO. 18-36
PAGE 1 OF 2
the police chief is hereby authorized to sign the agreement
on behalf of the City.
2)The police chief and/or his designee is authorized and
directed t o take all steps necessary to carry out the
purpose and intent of this resolution and to fulfill all
the duties required under the agreement.
PASSED AND ADOPTED BY THE MAYOR AND CITY 17CIL QF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS / 4 DAY OF ?e./ja4!2018.
•
SIGNED AND ATTESTED TO THIS /g/514 D A Y O F I n gi-- 2018.
ATTEST:
1 )
Z Vtatf:f;4'erL.7;)r--2_4e.Z_L-4 ----
KATHLEEN CONNELLY 64
City Clerk
APPROVED AS TO FORM:
t i 29 08.
RICHARD J. STERN
City Attorney
RESOLUTION NO. 18-36
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ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE ARIZONA BOARD OF REGENTS
FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY
AND THE CITY OF APACHE JUNCTION
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement")is entered into pursuant to
Arizona Revised Statutes ("A.R.S.")5 11-952 by the Arizona Board of Regents for and on behalf of Arizona
State University ("ASU")and the City of Apache Junction ("City"),an Arizona Municipal Corporation,
collectively known herein as the "Parties"or individually as a "Party."
RECITALS
A.ASU is located in the cities of Phoenix, Tempe, Glendale, Mesa and Scottsdale and has jurisdictional
authority over and public safety interests in the operation of all of its campuses.
B.ASU has the need for qualified personnel to provide law enforcement security services for campus
special events.
C.The City desires to provide law enforcement security services to ASU by making available police
department ("PD") officers in accordance with the terms set forth herein.
D.The Parties desire to enter into this Agreement to cooperatively provide the necessary law
enforcement and security services to ASU.
AGREEMENT
Therefore, in consideration of the foregoing recitals, the covenants, promises, terms and conditions
and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
Parties agree as follows:
1.Purpose and Intent. The purpose of this Agreement is to provide the means through which City
intends to provide professional law enforcement and security services to ASU by maximizing
cooperation, by integrating the City PD and ASU PD assets, and by addressing issues including
command, control, personnel, planning, and training.
2.Supervision and Staffing.
2.1 City acknowledges that command and control for all events worked for ASU pursuant to
this Agreement (individually "Event" and collectively "Events")shall be the duty and
responsibility of ASU PD.
9.9 In carrying out this responsibility, ASU PD will, in good faith, assign officers to work Events
in accordance with the procedures adopted herein.
9 .3 City agrees and understands that entities other than ASU and the ASU PD have input into
the decisions regarding whether, and to what extent, law enforcement will provide service
for Events; however, ASU will provide information regarding staffing decisions to City as
soon as it becomes available.
3.Assigned Personnel
3.1 City shall have the discretion to determine which and how many of its officers will be
allowed to apply for assignments at Events and how many officers will be assigned to the
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Events (hereinafter; referred to as "Assigned Officers").
a.All Assigned Officers will be required to enter into temporary employment
contracts with ASU.
b.The temporary employment contract will outline the mutual responsibilities of the
Assigned Officers, and ASU will specify that the Assigned Officers are "at will"
temporary employees of ASU and that either Party can terminate the temporary
employment contract, with or without cause, at any time, and without notice.
c.If possible, ASU will consult with City prior to terminating any Assigned
Officer.
3.2 While working an Event, the Assigned Officers must wear uniforms approved by City,
and the Assigned Officers may carry other equipment authorized by City.
3.3 When working an Event, ASU PD will make available to Assigned Officers any forms
and other supplies that are necessary to work the Event.
3.4 Upon termination of this Agreement and conclusion of any assignments, all personal
property, assets, equipment, and supplies used by the Parties and Assigned Officers in
performance of their responsibilities shall remain with or be returned to the owner of such
property.
3.5 Any inconsistency between ASU PD and City PD rules or regulations and all operational
disputes will immediately be brought to the attention of the ASU Police Chief and will be
fully and finally addressed and resolved by the ASU Police Chief in accordance with his
determination of the best practices under the circumstances. The ASU Police Chief may
delegate this responsibility to a specific command officer and City shall be provided notice
of this delegation.
4.Compensation, Insurance and Reporting
4.1 The Parties agree that during Events the Assigned Officers shall be temporary employees of
ASU for compensation purposes and not independent contractors; provided however, that
each such Assigned Officer will at all times also be deemed an employee of City and nothing
in this Agreement is intended to contradict or otherwise modify the provisions of A.R.S. §
23-1022(D).
4.2 ASU and ASU PD will provide compensation and insurance coverage for Assigned Officers
as set forth below:
a.Each Assigned Officer who works an event will be paid the negotiated special event
hourly rate.
b.Assigned Officers' compensation shall be subject to all applicable federal and state
taxes, which shall be deducted prior to payment, and which shall be evidenced by a
W-2 statement issued by ASU to each Assigned Officer.
c.Each Assigned Officer's home agency (primary employer) shall provide the
workers' compensation coverage in such amounts and under the same terms and
conditions as its other sworn, full-time employees.
d.ASU and ASU PD will provide liability coverage.
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e.Except for liability coverage, Assigned Officers are not entitled to any other
employee benefits or compensation from ASU.
4.3 ASU shall make available to the City information about the hours worked by Assigned
Officers not later than seven (7) calendar days following each Event to enable City to
properly monitor and regulate the hours worked by all of its Assigned Officers.
4.4 Each Party affirms that it has complied with the provisions of A.R.S.5 23-1022(E) with
respect to activities addressed by the Agreement.
5.Indemnification
5.1 To the extent permitted by law, ASU shall indemnify, defend, save and hold harmless the
City, its departments, agencies, boards, commissions, elected and appointed officers,
officials, agents, and employees (hereinafter, referred to as "Indemnitee")for, from and
against any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorney fees, and costs of claim processing, investigation and litigation) (hereinafter,
referred to as "Claims")for bodily injury or personal injury (including death), or loss or
damage to tangible or intangible property caused, or alleged to be caused, in whole or in part,
by the negligent acts or willful misconduct of the Assigned Officers.
5.2 ASU's indemnity includes any Claim or amount due arising out of the failure of such
Indemnitee to conform to any federal, state or local law, statute, ordinance, rule, regulation
or court decree.
5.3 It is agreed that ASU will be responsible for primary loss investigation, defense and
judgment costs where this indemnification is applicable.
5.4 ASU is a public institution and, as such, any indemnification, liability limitation or hold
harmless provision will be limited as required by Arizona law, including without limitation
Article 9, Sections 5 and 7 of the Arizona Constitution and A.R.S. §§ 35-154 and 41-621.
Therefore, notwithstanding any other provision of this Agreement, ASU's liability under any
claim for indemnification is limited to claims for property damage, personal injury, or death
to the extent caused by acts or omissions of ASU or its personnel including Assigned
Officers.
6.Media Releases and Relations
6.1 Any release of information to the media, other than a public records release, regarding an
Event or any activities under this Agreement will be coordinated by .ASU in cooperation
with City, however and except as provided below, no unilateral media releases will be
distributed by City without the prior approval of ASU.
6.2 A copy of all public record and media releases regarding an Event, or any activities under this
Agreement shall be fonvarded to ASU prior to release; provided however, if an incident is
primarily focused upon or concerned with the actions of Assigned Officer, City will be
responsible for the release of information to the media relative to the incident.
6.3 The Parties will not reveal any investigative information or operational procedures except as
required by law.
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7.Arizona POST certification
7.1 Relative to its Assigned Officers, City agrees that it will be responsible to the Arizona Peace
Officer's Standards and Training Board ("POST") for complying with all requirements
mandated by Arizona Administrative Code Regulation R13-4-101 et seq.,including but not
limited to, City's responsibilities to POST for the hiring, fitness for duty, record -keeping,
training, and testing requirements imposed upon law enforcement agencies employing police
officers in Arizona.
7.2 ASU and City agree to cooperate to ensure any issues that arise relative to POST
certification are resolved in a reasonable and efficient manner.
8.Execution, Duration and Renewal
8.1 This Agreement will be effective immediately upon the approval and execution (as described
herein) by the Parties and shall remain in full force and effect until June 30, 2021.
8.2 This Agreement may be executed in counterparts and is effective as of the date of the last
signature.
8.3 This Agreement may be renewed for successive additional three (3) year periods upon
mutual consent of the Parties.The City's Chief of Police with the concurrence of the
City's Attorney is granted the authority to approve such renewals.
9.General Provisions
9.1 Entire Agreement.This Agreement embodies the entire understanding of the Parties and
supersedes any other agreement or understanding between the Parties relating to the subject
matter of this Agreement.
9.2 Severability.The provisions of this Agreement are severable to the extent that any provision
or application held to be invalid by a court of competent jurisdiction shall not affect any
other provision or application of the Agreement which may remain in effect without the
invalid provision or application.
9.3 Governing Law.This Agreement shall be governed by and construed in accordance with the
laws of the State of Arizona.
9.4 Conflict of Interest.This Agreement may be canceled by any of the Parties pursuant to the
provisions of A.R.S. § 38-511.
9.5 Termination.City may, at any time, terminate this Agreement by giving ASU not less than
sixty (60) calendar days prior written notice. ASU may at any time terminate this Agreement
by giving City not less than sixty (60) calendar days prior written notice ("Notice").As
applicable, Notice shall be provided to the respective Police Chief for City or ASU and the
Notice shall reference this Agreement.Notwithstanding the foregoing, either Party may
terminate this Agreement at any time in the event of non -appropriation of funds.
9.6 Dispute Resolution.In the event of any dispute regarding the terms or the interpretation of
this Agreement the Parties Command Staff will consult with each other, in good faith, in an
effort to settle the dispute. If the Parties are unable to settle the dispute, either Party may
terminate this Agreement.As required by A.R.S. § 12-1518, the Parties agree to make use of
arbitration in disputes that are subject to mandatory arbitration pursuant to A.R.S. §, 12-133.
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9.7 Waiver.The waiver of any breach of this Agreement shall not be deemed to amend this
Agreement and shall not constitute a waiver of any other subsequent breach, or any of
the rights under this Agreement.
9.8 Headings.Headings of this Agreement are for convenience only and shall not affect the
interpretation of this Agreement.
9.9 Further Acts.Each Party shall execute and deliver all such documents and perform all such
acts as reasonably necessary, from time to time, to carry out the matters contemplated by
this Agreement.
10.E -Verify
10.1 The Parties acknowledge that immigration laws require them to register and participate with
the E -Verify program (employment verification program administered by the United States
Department of Homeland Security and the Social Security Administration or any successor
program) as both Parties employ one or more employees in this state.
10.2 The Parties warrant that they have registered with and participate with E -Verify.
10.3 If either Party later determines that the other Party has not complied with E -Verify, it will
notify the non -compliant Party by certified mail of the determination and of the right to
appeal the determination. 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. Either Party may conduct a random verification of
the employment records of the other Party to ensure compliance with this warranty.
10.4 Failure to comply shall be deemed a material breach of the Agreement that is subject to
any applicable penalties up to and including termination of the Agreement.
11.Non- Discrimination
The Parties must not discriminate against any employee or applicant for employment on the
basis of race, color, religion, sex, national origin, age, marital status, sexual orientation,
gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status, or any disability. The Parties will comply with all applicable state and federal laws,
rules, regulations, and executive orders governing equal employment opportunity,
immigration, and nondiscrimination, including the Americans with Disabilities Act.
[Signatures appear on the following paged
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THE ARIZONA BOARD OF REGENTS FOR
AND ON BEHALF OF ARIZONA STATE
UNIVERSITY AND THE ARIZONA STATE
UNIVERSITY POLICE DEPARTMENT
By:
Name:
Title: Chief of Police
Date:
CERTIFICATION BY ASU LEGAL COUNSEL
The foregoing Intergovernmental Agreement between the Arizona Board of Regents for and on behalf of
Arizona State University and the City of Apache Junction's Police Department is in proper form and is within
the powers and authority of the Arizona Board of Regents granted under the laws of the State of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
Benjamin W. Larson, Associate General Counsel
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CITY OF APACHEJUNCTION
Thomas,E. Kelly, Chief of Police
DATE:
CERTIFICATION BY CITY LEGAL COUNSEL
The foregoing..Intergovernmental.Agreement between the Arizona Board of Regents for and on behalf of
Arizona State University and the City of Apache Junction is in properiorm and is within the powers and
authority of the City of Apache Junction granted under the laws of the State of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
R. Joel Stern, Apache Junction City Attorney DATE
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