HomeMy WebLinkAboutRES 24-19 RESOLUTION NO. 24-19
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 FOR PARTICIPATION IN THE EAST VALLEY
CRITICAL INCIDENT RESPONSE TEAM.
WHERAS, the East Valley Critical Incident Response Team
("EVCIRT") was created to operate a regional law enforcement
mutual aid task force for critical incidents comprised of
personnel from multiple police agencies in the East Valley; and
WHEREAS, this task force will perform independent,
consistent and thorough criminal investigations of critical
force incidents and investigate criminal allegations against
peace officers employed by participating agencies; and
WHEREAS, it is the intent of the City of Apache Junction
Police Department to cooperate with other east valley law
enforcement agencies in providing mutual aid to further the
public interest; and
WHEREAS, pursuant to A.R. S. §§ 11-952 (A) , 13-3872 and 41-
1762, a public entity may enter into an intergovernmental
agreement ("IGA") 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 council hereby approves, and the mayor is authorized to
execute, the EVCIRT IGA as set forth in Attachment A.
2) The chief of police is also authorized to participate in
and designate staff to fulfill all the duties of the
EVCIRT.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS ' DAY OF 2024 .Il
4,11
SIGNED AND ATTESTED TO THIS DAY OE' -,-'--) 2024 .
WALTER "CHIP" WILSON
Mayor
RESOLUTION NO. 24-19
PAGE 1 OF 2
ATTEST:
5
1
NNIFER PENT `� ' #'°,. 1.o
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-19
PACE 2 OF 2
ATTACHMENT
INTERGOVERNMENTAL AGREEMENT
FOR THE EAST VALLEY CRITICAL INCIDENT RE,SPONSE TEAM
This Intergoverrunental Agreement ("Agreement") is entered into this day of
-, 2024, by and between the City of Apache Junction("Apache Junction"), City of
Chandler("Chandler"), Town of Gilbert("Gilbert"), City of Mesa("Mesa"), Town of Paradise
Valley ("Paradise Valley"), Town of Queen Creek ("Queen Creek"), City of Scottsdale
("Scottsdale"),and the City of Tempe ("Tempe"), all to be referred to herein individually as
"Party"and collectively as"Parties".
RECITALS:
A) The Parties are authorized to enter into this Agreement pursuant to Arizona
Revised Statutes ("A.R.S.") §§ 11-95 1, et seq. and 1-3)-3 872.
B) The Parties are located in geographical proximity to one another("East Valley")
and share similar public safety responsibilities with respect to criminally
investigating Critical Incidents,
C) AR.S. § 41-1762 allows the creation and operation of a regional law enforcement
task force comprised of personnel from multiple police agencies in the East
Valley ("East Valley Critical Incident Response Team" or"EVCIRT") to
provide mutual aid to perform the criminal investigation of critical force
incidents, as defined therein,which occur in the agencies'jurisdictions ("Critical
Force Incident").
D) The Parties desire to create a regional task force as prescribed in A.R.S. § 41-
1762 to perform independent, consistent and thorough criminal investigations of
Critical Force Incidents and., at the written request of a Party's Chief of Police,
investigate a criminal allegation against a peace officer employed by such Party.
E) The Parties desire to work in cooperation with one another by providing mutual
aid to further the public interests served by independent, consistent, and thorough
criminal investigations, pursuant to applicable laws, policies, and the terms of this
Agreement.
AGREEMENT:
NOW THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the Parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to create the EVCIRT for the criminal investigation of
Critical Force Incidents within the Parties'jurisdictions pursuant to A.R.S. § 41-1762,
and to create a framework- for the operation of the EVCIRT.
2. LEADERSHIP GROUP
The Parties shall establish a working group consisting of one commander or assistant
chief designated by each Party ("Leadership Group") to oversee the operations of the
EVCIRT. The Leadership Group, by majority vote, shall select a Chairperson of the
Leadership Group. The Chairperson shall designate a scribe, who may or may not be a
member of the Leadership Group,to take notes of all meetings. The Leadership Group
shall create policies and procedures for the EVCIRT. 'The Leadership Group may create
additional working groups to help support the Leadership Group's oversight of the
EVCIRT. Any additional group created by the Leadership Group shall be administered in
accordance with the EVCIRT's policies and procedures.
3. AUTHORITY
The Parties shall be authorized to perforin criminal investigations of Critical Force
Incidents within each Party's jurisdiction in accordance with the EVCIRT's policies and
procedures. Pursuant to A.R.S. § 13-3 872, a peace officer acting within the jurisdiction of
another Party pursuant to this Agreement shall have full authority to act as a peace officer
to the same extent as if they were a duly appointed, qualified and acting peace officer of
such Party.
If any Native American tribe becomes a party to this Agreement requests EVCIRT
assistance, all assisting EVCIRT peace officers shall be granted tribal peace officer
authority as necessary within the applicable tribal jurisdiction.
4. TERM
This Agreement will become effective upon execution by the Parties hereto and shall
remain in effect until July 1, 2034, unless otherwise terminated or renewed as provided
herein. Failure by one (1) or more Parties to execute the Agreement shall not invalidate
the Agreement as to those Parties who did so execute. The term of this Agreement will
automatically renew for all Parties to the Agreement (unless a Party has withdrawn from
participation in the Agreement prior to the effective date of the renewal, pursuant to
Section 6) under the same terms and conditions and automatically renew for a two (2)
periods of five (5)years, including any amendments in effect at the time of renewal.
5. WITHDRAWAL
Any Party may withdraw from this Agreement, with or without cause, by giving thirty
(30) calendar days written notice to the other Parties. Withdrawal from this Agreement by
a Party shall not affect the terms of this Agreement as it pertains to the other Parties. The
effect of a withdrawal on the EVCIRT, including any then-active Critical Force Incident
investigations involving the withdrawing Party, shall be set forth, in the EVCIRT's
policies and procedures.
6. ADDITIONAL PARTIES
Upon invitation by the Leadership Group, a county, political subdivision of the State of
Arizona, or federally recognized Indian tribe may become a Party to this Agreement
through the approval of this Agreement by its governing body, in accordance with A.R.S.
§ 11-951 et seq., and in accordance with EVCIRT's policies and procedures. The addition
of any Party after this Agreement becomes effective shall not affect the terms of this
Agreement as it pertains to the other Parties.
7. COSTS AND REIMBURSEMENT
Each Party will be responsible for any and all associated costs incurred by their
respective agency in implementing this Agreement and the conduct of Critical Force
Incident investigations, including: employee salaries; shift differential pay; overtime
compensation; benefits; vehicles; and equipment. In no event will any Party charge or
demand payment from any other Party for work performed pursuant to this Agreement.
Notwithstanding any Party's law, policies, or procedures, the Leadership Group, through
the EVCIRT's policies and procedures, may grant Parties the permission to apply for
grant funds designated for or on behalf of the EVCIRT. The distribution of any grant
funds received for the EVciwr shall be controlled by the terms of the grant, if any, and
handled in accordance with the EVCIRT's policies and procedures, which may include
the reimbursement of costs related to the EVCIRT for a Party or the Parties.
8. DISPUTE RESOLUTION
In the event of any dispute, claim, question, or disagreement arising from or relating to
this Agreement or the breach thereof, the Parties will use reasonable efforts to settle the
dispute, claim, question, or disagreement. To this end, the Parties will consult and
negotiate with each other in good faith and, recognizing their mutual interests, attempt to
reach a just and equitable solution satisfactory to all Parties. The Patties acknowledge
that disputes arising from this Agreement may be subject to non-binding arbitration in
accordance with applicable state law and court rules.
9. INDEMNIFICATION
To the extent permitted by law, each Party (as "Indemnitor") agrees to indemnify
;
defend, and hold harmless the other Parties (as "Indemnitee"), its departments, agencies,
elected officials, officers, officials, agents, employees, or volunteers from and against any
and all third party claims, losses, liabilities, costs, or expenses (including reasonable
attorneys' fees, experts' fees, and court costs associated) (hereinafter collectively referred
to as a"Claim(s)") arising out of actions taken in the performance of this Agreement, to
the extent that such Claims are directly caused by the acts, omissions, negligence,
misconduct, or other fault of the Indentnitor, its departments, agencies, elected officials,
officers, officials, agents, employees, or volunteers. If a third-party Claim becomes
subject to the duty to indemnify, defend, and hold harmless set forth in this Section, then
the Indemnitee agrees to cooperate with the Indemnitor in the defense of the Claim, at the
Indemnitor's sole cost and expense,but only to the extent that such Claim is not related
to an independent Claim of the third-party against the Indemnitee that is not subject to
this Section. The terms and conditions of this Section 9 shall survive the expiration or
earlier termination of this Agreement,
10. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of Arizona without regard to any
conflict of laws principles. Any proceeding arising out of or relating to this Agreement or
any actions to interpret, enforce, or construe any provision of this Agreement will be
conducted in the Superior Court of the State of Arizona, in and for the County of
Maricopa. Each Party consents to such jurisdiction and waives any objection it may have
to venue or convenience of forum.
11. WAIVERS
The failure of any Party to insist in any one or more instances on performance of any of
the terms or conditions of this Agreement, or to exercise any or right privilege contained
Z1- 9
herein, shall not be considered as thereafter waiving such terms, conditions, rights, or
privileges, which shall remain in full force and effect.
12. NON-ASSIGNMENT
No Party shall assign its interest, rights, or obligations in this Agreement, in whole or in
part, without the prior written consent of the other Parties. No Party shall assign any
monies due or to become due to it, hereunder, without the prior written consent of the
other Parties.
B. ENTIRE AGREEMENT; AMENDMENTS; COUNTERPARTS
This Agreement, including the Recitals (which are incorporated into this Agreement by
this reference), represents the entire understanding between the Parties and supersedes all
prior negotiations, representations, or agreements, either expressed or implied, written or
oral. It is mutually understood and agreed that no modification or amendment of the
teams and conditions of this Agreement will be valid or binding upon the Parties, unless
made in writing and signed by the Parties. This Agreement may be executed in multiple
counterparts, each of which will be deemed an original, but all of which together shall
constitute one and the same instrument. Electronically transmitted and imaged copy
signatures will be fully binding and effective for all purposes.
14. RELATIONSHIP OF THE PARTIES
Each Party shall act in its individual capacity and not as an agent, employee, partner,joint
venture, associate, or any other representative capacity of the other Party. Each Party
shall be solely and entirely responsible for its acts or the acts of its agents and employees
during the performance of this Agreement. This Agreement shall not be construed to
imply authority to perform any tasks, or accept any responsibility, of any other Party not
expressly set forth herein. This Agreement shall be strictly construed against the creation
of a duty or responsibility,unless the intention to do so is clearly and unambiguously set
forth herein.No Party shall be liable for any debts, accounts, obligations, or other
liabilities, whatsoever, of any other Party, including the other Party's obligation to
withhold social security and income taxes for itself or any of its employees.
15. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement is intended to create duties or obligations to or rights in third
parties who are not a party to this Agreement, or affect the legal liability of any Party to
the Agreement by imposing any standard of care different from the standard of care
imposed by law.
16. SEVERAMLITY
If any part, term, or provision of this Agreement is held unenforceable or in conflict with
any law, the validity of the remaining portions and provisions hereof shall not be
affected.
17. CONFLICTS OF INTEREST
The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of
interest shall apply to this Agreement.
18. WORKERS' COMPENSATION
Pursuant to A.R.S. § 23-1022(D), only for the purposes of workers' compensation
coverage, employees of each Party covered by this Agreement shall be deemed to be an
employee of all Parties. The primary employer shall be solely liable for payment of
workers' compensation benefits. To the extent applicable by law, each Party shall comply
with the notice of A.R.S. § 23-1022(E).
19. NON-DISCRIMINATION
To the extent applicable by taw, the Parties agree to comply with A.[�.S. Title 41, Chapter
9 (Civil Rights), Arizona Executive Order 2009-09 and any other federal, state, or local
laws relating to equal opportunity and non-discrimination, including the Americans with
Disabilities Act. In the performance of this contract, no Party shall discriminate against
any employee, client, or any other individual on the basis of race, color, ethnicity,
national origin, age, disability, religion, sex, sexual orientation, gender identity, veteran's
status, marital status, familial status, or genetic information.
20. NOTICES
Al] official notices required or permitted under this Agreement to be given to a Party will
be in writing and will be given by personal delivery against receipt (including private
courier such as FedEx), or certified U.S. Mail,return receipt requested. All notices will
be sent to the addresses below or such other addresses as the Parties may specify in the
same manner. Notices will be deemed to have been given and received on the date of
actual receipt or on the date receipt was refused. Addresses are as follows:
For Mesa: Chief of Police
P.O. Box 1466
Mesa, Arizona 85211
With a copy to: Mesa City Attorney
20 E Main St
Mesa, Arizona 85201
For Gilbert: Chief of Police
75 E Civic Center Dr
Gilbert, Arizona 85296
With a copy to: Gilbert Public Safety Legal Advisor
75 E Civic Center Drive
Gilbert, Arizona 85296
For Chandler: Chief of Police
250 E Chicago St
Chandler, Arizona 85225
With a copy to. Chandler City Attorney
250 E Chicago St
Chandler, Arizona 85225
For Tempe: Chief of Police
120 E 5 Ih St
Tempe, Arizona 85281
With a copy to: Tempe City Attorney
21 E 6"' St
Tempe, Arizona 85281
For Scottsdale: Chief of Police
3700 N 75"' St
Scottsdale, Arizona 85251
With a copy to: Scottsdale City Attorney
3939 N Drinkwater Blvd
Scottsdale, Arizona 85251
For Queen Creek: Chief of Police
20727 Civic Pkwy
Queen Creek, Arizona 85142
With a copy to: Queen Creek Town Attorney
22358 S Ellsworth Rd
Queen Creek, Arizona 85142
For Paradise Valley: Chief of Police
6433 E Lincoln Dr
Paradise Valley, Arizona 85253
With a copy to: Paradise Valley Town Attorney
6401 E Lincoln Dr
Paradise Valley, Arizona 85253
For Apache Junction: Chief of Police
300 E. Superstition Blvd,
Apache Junction, Arizona 85119
With a copy to: Apache Junction City Attorney
300 E. Superstition Blvd.
Apache Junction, Arizona 85219
2t. APPLICABLE LAWS
Any provision required bylaw to be in this Agreement is part of this Agreement as if
Bally stated.
22, NO LIMITATION
Nothing within this Agreement shall be construed to limit the ability of the Parties to
provide, or as otherwise allowed for by law, assistance in any enforcement action as may
be lawfully requested by a law enforcement officer having jurisdiction over an incident,
crime, or matter under consideration.
(SIGNATURES ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives on the respective dates entered below.
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
By:
Mayor
ATTEST:
City Clerk
In accordance with A.R.S. § 11-952, this contract has been reviewed by the undersigned who
have determined that this contract is in appropriate form and within the powers and authority
granted to the aforementioned municipality, without any representation as to the power or
authority of any other Party.
Attorney
City of Apache Junction