HomeMy WebLinkAboutRES 22-46 RESOLUTION NO. 22-46
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
GLENDALE STADIUM LAW ENFORCEMENT SUPPORT SERVICES
WHEREAS, Arizona Department of Public Safety ("DPS11) has
jurisdictional authority over and public safety interests in the
operation of the State Farm Stadium in Glendale, Arizona
("Stadium") ; and
WHEREAS, DPS has the need for qualified personnel to
provide law enforcement security support services for the
Stadium; and
WHEREAS, the City of Apache Junction ("City`) through
Apache Junction Police Department (`®AJPD®®) desires to provide
law enforcement security support services to DPS with available
AZPOST certified law enforcement officers; and
WHEREAS, AJPD officers will provide services in an off-duty
capacity and will be individually compensated by DPS; and
WHEREAS, pursuant to A. R. S. § 11®952 (A) , public entities
may eater into intergovernmental agreements with other
municipalities and governmental entities for joint or
cooperative activities; and
WHEREAS, DPS has 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 support
services to DPS, as set forth in Attachment A; and the city
police chief is hereby authorized to sign the agreement on
behalf of the City®
2) The city police chief/or his designee is authorized and
directed to take all and any other steps necessary to carry
RESOLUTION NO® 22-46
PAGE 1 OF 2
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 COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF �� ',, ,?&t , 2022
SIGNED AND ATTESTED TO THIS � DAY OF . - 2022.
c 1
TEAL ER HIP®' WILSON
Mayor
ATTEST®
ti,UE4IF ER NA
ty Cle
APPROVED AS TO FORM;
A", It 1q.2171
R. Joel STERN
City Attorney
RESOLUTION NO. 22-46
PAGE 2 OF 2
ATTACHMENT A
PS Contract o:
INTERGOVERNMENTAL AGREEMENT
SAFETYBETWEEN
ARIZONA DEPARTMENT OF PUBLIC
AND OF APACHE JUNCTION
This intergovernmental agreement(this "Agreement") is entered into pursuant to Arizona
Revised Statutes ("A. . .") § 11- 52 by the Arizona Department of Public Safety and the City
of Apache Junction("City"), collectively known herein as the"parties".
RECITALS
A. The State Farm Stadium in Glendale(the"Stadium")is governed by A.R.S. § 5-81 et at,and
operates under the authority of the Arizona Sports and Tourism Authority,the owner of the
Stadium; and
B. The Arizona Sports and Tourism Authority delegated its authority for the operation and
maintenance of the Stadium to Stadium Management Group(" G"),both of whom has an
interest in ensuring the safety and security of those attending events at the Stadium ensuring
proper traffic control and a visible law enforcement presence during certain scheduled events at
the Stadium;and
C. SMG has the need for qualified personnel to provide law enforcement and other personnel
services at the Stadium;and
D. The DPS has entered into an agreement with S G pursuant toA.R.S. § 1-1713( )(3),to provide
law enforcement services at the Stadium;and
E. The City's Police Department(" ")desires to assist DPS in providing law enforcement security
services to SMG for the Stadium by making available City PD officers in accordance with the
terms set forth herein.
F. The parties desire to enter into this Agreement to cooperatively provide the necessary law
enforcement and security services.
AGREEMENT
Therefore, in consideration of the foregoing recitals,the covenants,promises,terms and conditions set
forth herein,and other good and valuable consideration,the receipt and adequacy of which is hereby
acknowledged,the parties hereby agree as follows:
1. Purpose and Intent-The purpose of this Agreement is to provide the means through which the
parties intend to provide professional law enforcement and security services to SMG by
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PS Contract No:
maximizing cooperation,by integrating the City PD and DPS 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 SMG pursuant to
this Agreement(individually"Event"and collectively"Events")shall be the duty and
responsibility of DPS.
2.2 In carrying out this responsibility,DPS will in good faith assign officers to work Events
in accordance with the procedures adopted in consultation with the Chiefs of Police for
all of the member agencies providing officers to Events.
2.3 City agrees and understands that entities other than the State of Arizona and the DPS
have input into the decisions regarding e er,and to what extent,law enforcement will
provide service for vents;however,DPS 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
Events(hereinafter referred to as"Assigned Officers").
a. All Assigned Officers will be required to enter into temporary employment contracts
with the State of Arizona.
b. The contract will outline the mutual responsibilities of the Assigned rcer and DPS
and will specify that the Assigned icers are"at will"temporary ployees of DPS
and that either party can terminate the contract,with or without cause at any time and
without notice.
3.2 While working an Event,the Assigned Officers must wear uniforms approved by DPS
and City and the Assigned Officers may carry other equipment authorized by City.
3.3 When working an Event, DPS will make available to Assigned Officers 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 AssignedOfficers i
performance of their responsibilities shall remain with or be returned to the owner of such
property.
3.5 Any inconsistency between DPS and City rules or regulations and all operational disputes
will immediately be brought to the attention of the Director of DPS and will be fully and
finally addressed and resolved by the DPS Director in accordance with his or her
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DPS Contract o:
determination of the best practices under the circumstances. The Director may delegate
this responsibility to a specific command officer.
4. Compensation,Insurance and Reporting
.1 The parties agree that during Events the Assigned Officers shall be temporary e ployees
of DPS 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 ( ).
.2 Each Assigned Officer who works an Event will be paid the specified hourly rate
determined y DPS based on current market conditions.
a. 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 -2 statement issued by DPS to each Assigned rcer.
. Each officer's home agency(primary employer)shall provide the workers'
compensation coverage for all Assigned cers in suchamounts and under the
same terms and conditions as other sworn,full-time employees.
C. Except for liability coverage,Assigned Officers are not entitled to any other
employee benefits or compensation from DPS.
4.3 DPS shall make available to the City information about the hours worked by Assigned
Officers not later than seven days following each Event to enable City to properly
monitor and regulate the hours worked by all of their Assigned rcers.
4.4 Each party affirms that it has complied with the provisions of A.R.S. §23-122(E)with
respect to activities addressed by the Agreement.
5. Indemnification
5.1 Each party(as"indemnitor")agrees to indemnity,defend,and hold harmless the other
party( "inde ite ")from and against any and all claims,losses,liability,costs,or
expenses(including reasonable atto ey's fees)(hereinafter collectively referred to as
"claims")arising out of bodily injury of any person(including death)or property age,
but only to the extent that such claims which result in vicarious/derivative liability to the
indemnitee,are caused by the act,omission,negligence,misconduct,or other fault of the
indemnitor,its officers,agents,employees,or volunteers.
6. Agreement
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6.1 Any release of information to the media,other than a public records release,regarding a
Event or any activities under this Agreement will be coordinated by DPS in cooperation
with City but,except as provided below,no unilateral media releases will be distributed
y City without the prior approval of DPS.
6.2 A copy of all public record and media releases regarding an Event or any activities under
this Agreement shall be forwarded to DPS prior to release;provided however, if an
incident is primarily focused upon or concerned with the actions of City's 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.
7. Arizona POST Certifleation
7.1 Relative to its Assigned icers,City agrees that it will be responsible to the Arizona
Peace Officers Standards and Training Board("POST")for complying with all
requirements mandated by Arizona Administrative Code Regulation R 13-4-11 et seq.®
including but not limited to,City's responsibilities to POST for the Wring,fitness for
duty,record-keeping,training,and testing requirements unposed upon law enforcement
agencies employing police officers in Arizona.
7.2 DPS 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
.l This agreement will be effective immediately upon the approval of both parties'
governing bodies and shall remain in full force and effect until June 3 ,2027.
8.2 This Agreement may be executed in counterparts.
8.3 This Agreement may be renewed for successive additional one(1)year periods for up to
(5)years upon mutual consent of the parties.
9. General Provisions
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PS Contract No:
9.1 Entire A Bement° This Agreement embodies the entire understanding of the parties and
supersedes any other agreement of understanding between the parties relating to the
subject matter of this Agreement.
9.2 Severahili1y. The provisions of this Agreement are severable to the extent that any
provision of application held to be invalid by a court of competent jurisdiction shall not
affect any other provision of application of the Agreement which may remain in effect
without the invalid provision of application.
9.3 Governin2 Law.This Agreement shall be governed y and construed 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 DIPS not less
than sixty(60)days prior written notice, DPS may at any time terminate this Agreement
by giving City not less than sixty(6 )days prior written notice.
9.6 Dis ute 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 an effort to
settle the dispute,in good faith. if the parties are unable to settle the dispute,either party
may terminate this Agreement. In the event of a dispute under this I A,the parties agree
to use arbitration to the extent required under A.R.S. §§ 12-1518 and 1 -1 3,
.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.
9.8 edinas. Headings of this Agreement are for the convenience only and shall not affect
the interpretation of this Agreement.
.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.
1 - erif
10.1 The parties acknowledge that immigration laws require them to register and participate
with the -Verify program(employment verification program administered by the United
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S Contract o:
States Department of Homeland Security and the Social Security Administration or any
successor program)as they both employ one or more employees in this state.
1 .2 The parties warrant that they have registered with and participate with -Verify.
10.3 If either party later determines that the other non-compliant party has not complied with
-Verify,it will notify the noncompliant party by certified mail of the ete ination and
of the right to appeal the determination. The parties retain the legal right to inspect
the papers of any employee who works pursuant tot is Agreement or any related
subcontract to ensure compliance with the warrantyiv ve. 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
penalties up to and including termination of the Agreement.
11. Availability s
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 t 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.
12. Non-Discriminati
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,US.Military Veteran status or any
disability.
signatures appear on the following page}
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PS Contract No:
ARIZONA DEPARTMENT OF PUBLIC SAFETY CITY OF APACHE JUNCTION
Colonel Heston Silbert,Director Michael Pooley,Chief of Police
CERTIFICATION
The foregoing Intergovernmental Agreement between DPS and City of Apache Junction and is
in proper form and is within the powers and authorityof the DPS grantedunder the laws of the
State of Arizona.
APPROVED AUTHORITY:
State of Arizona R.Joel Ste
Apache Junction City Attorney
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