1. AGMT DPS and YPD Local Border Support

DPS Contract: 2025-353
AGREEMENT REGARDING
LOCAL BORDER SUPPORT
This agreement is entered into between the State of Arizona through its Department of Public
Safety, hereinafter referred to as “DPS” and the City of Yuma through the Yuma Police
Department, hereinafter referred to as “YPD”.
DPS is authorized and empowered to enter into this Agreement pursuant to A.R.S. §
41-1713(B)(3). Both parties are authorized and empowered to enter into the Agreement
pursuant to A.R.S. § 11-952.
In consideration of the mutual promises set forth herein, the parties to this Agreement hereby
agree to the following conditions.
I. PARTICIPATION
The purpose of the Agreement shall be to enhance law enforcement services to deter,
apprehend, prosecute and detain individuals charged with drug trafficking, human
smuggling, illegal immigration and other border-related crimes within the City of Yuma,
through cooperative efforts of DPS and the YPD - Local Border Support, hereinafter referred
to as “LBS.”
Additionally, ongoing information exchange and intelligence sharing will occur between
DPS and YPD.
II. DISBURSMENT AND REPORTING
DPS agrees to disburse LBS funding as requested in the Local Border Support application at
a total of $971,723.75.
At the close of the agreement’s performance period, a summary and evidence of expenditures
shall be prepared and submitted to DPS. The end of program summary report shall be
received electronically no later than the last business day of the month immediately
following the month in which all grant funds are exhausted or June 30, 2027, whichever is
earlier. Expenditures must align with the approved budget and be incurred within the
performance period.
III. IMMIGRATION
DPS and YPD agree to comply with A.R.S. §§23-214 and 41-4401.
IV. NON-DISCRIMINATION
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DPS Contract: 2025-353
DPS and YPD agree to comply with the non-discrimination provisions of the Governor’s
Executive Order 2023-001.
V. INDEMNIFICATION
DPS and YPD (as “Indemnitor”) agree 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 (including death) of any person or property damage,
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.
VI. RECORDKEEPING
All records regarding the Agreement, including time accounting logs, must be retained for
five (5) years in compliance with A.R.S. § 35-214.
VII. FEES
In no event shall DPS or YPD charge the other for any administrative fees for any work
performed pursuant to the Agreement.
VIII. JURISDICTION
YPD agrees to permit its staff to work outside of their regular jurisdictional boundaries.
IX. ARBITRATION
In the event of a dispute under this Agreement, the parties agree to use arbitration to the
extent required under A.R.S. §§ 12-1518 and §§ 12-133.
X. LIMITATIONS
This Agreement in no way restricts DPS or YPD from participating in similar activities with
other public or private agencies, organization, and individuals. Nothing in this agreement
shall be construed as limiting or expanding statutory responsibilities of the parties.
XI. EFFECTIVE DATE/DURATION
The terms of this agreement shall become effective on July 1, 2025, and shall remain in
effect until June 30, 2027. All equipment must be received and fully paid for by June 30,
2027. Any funds unexpended will be de-obligated and returned to DPS.
XII. 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.
XIII. CANCELLATION
This Agreement is subject to cancellation for conflicts of interest under A.R.S. § 38-511.
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DPS Contract: 2025-353
XIV. TERMINATION
DPS and YPD may terminate the Agreement for convenience or cause upon thirty (30) days
written notice to the other party. Upon termination, DPS shall pay all outstanding amounts up
through the time upon which the termination becomes effective. All property purchased by a
party pursuant to that party’s respective duties pursuant to this Agreement shall be returned to
the purchasing party upon termination of this Agreement for any reason.
Any notice required to be given under the Agreement will be provided by mail to:
Mike Dodd, Budget Officer Thomas Garrity, Chief of Police
Arizona Department of Public Safety Yuma Police Department
P.O. Box 6638, Mail Drop 1330 1500 S 1st Avenue
Phoenix, AZ 85005-6638 Yuma, AZ 85364
XV. 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 all parties. If
any portion of this Agreement is held to be invalid, the remaining provision shall not be
affected.
The parties hereto have caused this Agreement to be executed by the proper officers and
officials.
STATE OF ARIZONA
BY: __________________________________ DATE: _____________________
Jeffrey D. Glover, Director
Arizona Department of Public Safety
CITY OF YUMA
BY: __________________________________ DATE: _____________________
John D. Simonton, City Administrator
ATTEST
DATE: _____________________
BY: __________________________________
Lynda Bushong, City Clerk
APPROVED AS TO FORM
DATE: _____________________
BY: __________________________________
Richard W. Files, City Attorney
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