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HomeMy WebLinkAboutRES 19-32 RESOLUTION NO. 19-32 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION POLICE; DEPARTMENT ("AJPD") TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY ("DPS") FOR GANG & IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION ("GIITEM") STATE GANG TASK FORCE WHEREAS, the Gang & Immigration Intelligence Team Enforcement Mission ("GIITEM") State Gang Task Force is under the authority of the Arizona Department of Public Safety ("DPS"') ; and WHEREAS, DPS is in need of one Arizona Peace Officer Standards and Training Board ("AZ POST") certified law enforcement officer from. the City of Apache Junction ("AJPD®') to join GIITEM, on a full-time basis; and. WHEREAS, AJPD is willing to assist DPS by allowing an officer join GIITEM for necessary .law enforcement services; and. WHEREAS, DPS agrees to reimburse AJPD on a monthly basis for seventy-five percent of payroll expenses and DPS will reimburse overtime compensation not to exceed eight hours per month; 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; and WHEREAS, the City and DPS 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, as set forth in Attachment A; and the police chief is hereby authorized to sign the agreement on behalf of the City® RESOLUTION NO. 19-32 PAGE 1 OF 2 2) The police chief and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreements PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL CE THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF � ,� � , 2019 SIGNED AND ATTESTED TO THIS y * DAY CE 2019 ........ �.. ... JE S 4 Mayor ATTEST : JE V DER P A City Clerk ` APPROVED AS TO FORM — 4i$7) ZAP -, RICHARD J. STERN City Attorney RESOLUTION NO. 19-32 PACE 2 OF 2 ATTACHMENT A DPS CONTRACT NO: INTERGOVERNMENTAL ACRE,EMENT REGARDING GANG & IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION (GITTEM) STATE GANG TASK FORCE This Inter governinental Agreement ('I GA') is entered into between the State of Arizona through its Department of Public Safety, hereinafter referred to as "DPS" and the Apache Junction Police Department,hereinafter referred to as "Agency". The purpose of this Agreement shall be toenhance law enforcement services concerning the criminal activities of street gangs, through the cooperative efforts of the parties tothis IGA. 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. Now, in consideration of the mutual promises set forth herein,the parties to this Agreement hereby agree to the following terms and conditions: I. PARTICIPATION The Agency agrees to assign one (1) A .S.T. certified sworn law enforcement officer, herein referred to as "officer", to DPS and its Gang & Inunigration Intelligence Team Enforcement Mission, hereinafter referred to as "GHTEM," on a full-time basis for such assignments within the purposes of this IGA, as directed by DPS. The Agency agrees the assigned officer shall be in compliance with DPS residency requirements, During this period of assignment, the Agency and DPS agree to allow said officer to maintain all benefits, ri-hts, and privileges available to said officer as if they were assigned on a full-time basis 0 to the Agency. The assigned officer must abide by all of the applicable rules and regulations of the Agency and are subject to its disciplinary process, The Agency agrees toenter into a Memorandum of Understanding (MOU) with the DPS relative to the connection and operation of the Arizona an et system. I® REIMBURSEMENT DPS a-rees to reimburse the Agency on a monthly basis (based upon DPS weekly time sheets cone lets by the officer) for seventy-five (75%) percent of payroll expenses of the officer related to this assignment, including salary, shift pay, benefits (which accrue during the term of the IGA) and employee-related expenses to include employer's worknian's compensation and social security at established rates, vacation and sick leave taken while working GHTEM. DPS will reimburse all overtime compensation (based upon DPS rules, not to exceed eight (8) hours per month). There must be a minimum of 40 hours GHTEM related work in order for DPS to reimburse for overtime in any given week. Overtime compensation will be for GHTEM related activities only. The limitation of overtime to eight (8) hours per month may be exceeded without contacting the Agency if DPS determines that additional in in is available. Monthly vacation or sick leave which accrues, but not used by the officer, will not be reimbursed. The Agency will pay twenty-five (25%) percent of payroll related expenses. All persorinel costs, including shift pay, will be based on a standard forty (40) hour work week, with the understanding the forty (40) hour work week may be altered to address the needs of Intergovernmental Agreement-GIITEM IMPS Contract No, Arizona Department Of Public Safety/Apache Junction Police Department DPS as it relates to an on-going investigation orspecial assigrunent request dictated by the needs of a requesting city, county, or entity. Prior to the officer reporting to GHTEM, the Agency agrees to furnish DPS with the following information: officer's annual, i-weekly and hourly rates of base pay and fringe benefits, as well as, the overtime rate based upon the assumption outlined above. DPS is not obligated to reimburse the Agency for salary raises or modifications to base salaries, unless the Agency submits such modification to DPS at least 60 days prior to the effective date of such modification. All approved travel expenses will be reimbursed directly to the officer by DPS under employee travel reimbursement guidelines established by the Arizona Department of Administration. The amount reimbursed for the aforementioned expenditures shall be for actual costs incurred during the effective dates oft is IGA. DPS agrees to assign a department vehicle tote Agency's officer. The officer is responsible for maintaining the assigned vehicle in accordance with DPS policy and will utilize the DPS assigned vehicle for GHTEM purposes only. The officer must meet the ADOA Driver's Training Requirements, III. IMMIGRATION All parties agree to comply with A.R.S, §§23-214 and 41-4401. IV. NONDISCRIMINATION All parties agree to comply with the non-discrimination provisions of the Governor's Executive Order 2009-09. V. INDEMNIFICATION Each party (as "in derrinitor") agrees to indemnify, defend, and hold harmless the other party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability tote indemnitee, are caused by the act, emission, negligence, misconduct, or other fault of the indemnitor, its officers, agents, employees, or volunteers. VL DRUG FREE WORKPLACE Any officer assigned to GHTEM will be subject to random and/or for cause, drug and alcohol testing in accordance with his/her Agency's guidelines. If the Agency does not have a drug free program, the officer will be required to submit to testing pursuant to the DPS Drug Free Workplace Program. 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. Officers may be removed from GI ITEM for failure to comply with the program or for failure to pass DPS drug screening requirements. Page 2 of 4 October 2019 Intergovernmental Agreement®GHTEM DPS Contract No. Arizona Department of Public Safety/Apache Junction Police Department VIL RECORDKEEPING All records regarding the IGA, including officer's time accounting logs,must be retained for five (5) years in compliance with A.R.S. §35-214, Entitled Inspection and Audit of Contract Provisions. VIII. FEES In no event shall either party charge the other for any administrative fees for any work performed pursuant to the IGA. IX JURISDICTION The Agency agrees to permit their officer to work outside of their regular jurisdictional boundaries. X 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 12-133. ® WORKER'S COMPENSATION BENEFITS Pursuant to A.R.S. §23-1022 D., for the purposes of Worker's Compensation coverage, the Agency officer covered by the I shall be deemed to be an employee of both agencies. The Agency, as the primary employer, shall be solely liable for payment of Worker's Compensation Benefits and the processing of any potential claims occurring during the officer's assignment to GIITEM. XIL LIMITATIONS This agreement in no way restricts either party from participating in similar activities with other public or private agencies, organizations, and individuals. Nothing in this agreement shall be construed as limiting or expanding the statutory responsibilities of the parties. XIII. EFFECTIVE DATE/DURATION The terms of this agreement shall become effective upon the date the last signature is obtained. The duration of this IGA shall be the fiscal year,July IS`through June 30"', and shall renew annually on July 1" for a period of time not to exceed five (5) years. Annual renewal shall be contingent upon legislative allocated budget approval for the applicable fiscal year. If funds are not allocated to support this agreement, DPS will provide written notice to the Agency notifying them of termination of funding and cancellation of the IGA. All prior agreements between DPS and the Agency regarding GIITEM gang enforcement participation are cancelled as of the effective date of this A. XIV. 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 darna-es as a result of termination under this paragraph, Page 3 of 4 OclOber 2019 Intergovernmental Agreement-GlITEM DPS Contract No, Arizona Department of Public Safety/Apache Junction Police Department XV. CANCELLATION All parties are hereby put on notice that this IGA is subject to cancellation by the Governor for conflicts of interest pursuant to A.R.S, §38-511. XVI. TERMINATION Either party may terminate the IGA for convenience or cause upon thirty (30) days written notice to the other party, on termination, DPS shall pay all outstanding amounts up fluough the time upon which the termination becomes effective. All property shall be returned to the owning party upon termination. Any notice required to be given under the IGA will be provided by mail to: Major William Beck, GI EM Commander Chief Thomas E, Kelly Arizona Department of Public Safety Apache Junction Police Department R 0. Box 6638, Mail Drop 3700 1001 N. Ida ho Road Phoenix, Arizona 8500596638 Apache Junction,AZ 85119 XVIL VALIDITY This document contains the entire agreement between the parties and may not be modified, amended, altered or extended except through a written amendment signed by of parties. If any portion of this agreement is held to be invalid, the remaining provisions shall not be affected. The parties hereto have caused this I to be executed by the proper officers and officials. STATE OF ARIZONA BY: DATE: Colonel Frank L. Milstead, Director Alizona Department of Public Safety APPROVED AS TO FORM: DATE: Assistant Attorney General APACHE JUNCTION POLICE DEPARTMENT BY: DATE: Thomas E. Kelly, Chief Page 4 of 4 October 2019