DPS STATE GANG TASK FORCE 2014-099 IGA TF.PDF

A. G. CONTRACT NO. P001- 2D1y - (Jo 1..2~:.2. nPs coNTRAcT No: d...OlLf -0'19
INTERGOVERNMENTAL AGREEMENT
REGARDING
GANG & IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION
(GIITEM) STATE GANG TASK FORCE
This Intergovernmental Agreement ('IGA') is entered into between the State of Arizona through its
Department of Public Safety, hereinafter referred to as "DPS" and the Maricopa County Sheriffs
Office, hereinafter referred to as "Agency".
The purpose of this Agreement shall be to enhance law enforcement services concerning the
criminal activities of street gangs, through the cooperative efforts of the parties to this I GA.
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. The
Agency is authorized and empowered pursuant to _____ _
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) Detention Officer, herein referred to as "officer", to DPS and
its Gang & Immigration Intelligence Team Enforcement Mission, hereinafter referred to as
"GIITEM," 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, rights, and privileges available to said officer as if they were assigned on a full-time basis
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 to enter into a Memorandum of Understanding (MOU) with the DPS relative to
the connection and operation of the Arizona GangNet system.
II. REIMBURSEMENT
DPS agrees to reimburse the Agency on a monthly basis (based upon DPS weekly time sheets
completed 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 workman's compensation and social security at
established rates, vacation and sick leave taken while working GIITEM. 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 GIITEM related work in order for DPS to reimburse for overtime
in any given week.
Overtime compensation will be for GIITEM 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 funding 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 personnel costs, including shift pay, will be based on a standard forty (40) hour work

Intergovernmental Agreement - GIITEM
DPS Contract No. ~(U -o9'j
Arizona Department of Public Safety/Maricopa County Sheriffs Office
week, with the understanding the forty ( 40) hour work week may be altered to address the needs of
DPS as it relates to an on-going investigation or special assignment request dictated by the needs of
a requesting city, county, or entity.
Prior to the officer reporting to GIITEM, the Agency agrees to furnish DPS with the following
information: officer's annual, bi-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 of this IGA.
DPS agrees to assign a department vehicle to the 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 GIITEM 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 "indemnitor") 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 to the indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, agents, employees, or
volunteers.
VI. DRUG FREE WORKPLACE
Any officer assigned to GIITEM 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 GIITEM for failure to comply with the program or for
failure to pass DPS drug screening requirements.
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Intergovernmental Agreement - GIITEM
DPS Contract No. ;;?.o{l( -09 C(
Arizona Department of Public Safety/Maricopa County Sheriffs Office
VII. 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.
XI. 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 IGA 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.
XII. 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 1st through June 30th, and shall renew annually
on July 1st 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 IGA.
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
damages as a result of termination under this paragraph.
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Intergovernmental Agreement - GIITEM
DPS Contract No. ;;?ot 4 .....o9 '1
Arizona Department of Public Safety/Maricopa County Sheriffs Office
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. Upon termination, DPS shall pay all outstanding amounts up through 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:
GIITEM Commander Sheriff Joseph M. Arpaio
Arizona Department of Public Safety Maricopa County Sheriffs Office
P. 0. Box 6638, Mail Drop 3700 550 West Jackson
Phoenix, Arizona 85005-6638 Phoenix, Arizona 85003
XVII. 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 both 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 IGA to be executed by the proper officers and officials.
STATE OF ARIZONA
BY:
rol.Robert C. Halliday,
Arizona Department
0¥Y
DATE:
Assistant Attorney General
MARICOPA COUNTY SHERIFF'S OFFICE
BY: -------------------------------- DATE: ____________ __
Joseph M. Arpaio, Sheriff
MARICOPA COUNTY BOARD OF SUPERVISORS APPROVED AS TO FORM:
Denny Barney, Chairman
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