DPS IGA 2013-187 DLO PROGRAM.PDF

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A. G. CONTRACT NO.poo1-.iL. I') - LL3(;~;L.1 DPS CONTRACT NO: ;tOI'?>- I ~7
INTERGOVERNMENTAL AGREEMENT
REGARDING
STATE GANG TASK FORCE
DETENTION LIAISON OFFICER (DLO) PROGRAM
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 and human smuggling organizations through the cooperative
efforts of the parties to this 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. 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 on
a full-time basis to perform the duties of Detention Liaison Officer (DLO) as delineated in
Addendum "A" and for such assignments within the purposes of this IGA, as directed by DPS.
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 is subject to its disciplinary process.
The Agency also agrees to enter into a Memorandum of Understanding (MOU) with the Arizona
Department of Public Safety 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 for the State
Gang Task Force, hereinafter referred to as "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 is not
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Intergovernmental Agreement - GIITEM Detention Liaison Officer Program
DPS Contract No.
Arizona Department of Public Safety / Maricopa County Sheriff's Office
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 the following
assumptions: a standard forty (40) hour work week scheduled according to the needs of the
Agency, with the understanding the forty (40) hour work week may be altered to address the
needs ofDPS as related to an on-going investigation, special assignment or training.
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 only for the period of the IGA. DPS will not issue a vehicle to the officer.
III. IMMIGRATION
Pursuant to the Governor's Executive Order 2005-30, the parties agree to comply with all
applicable federal immigration laws and regulations.
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. The officer may be removed from GIITEM for failure to comply
with the program or for failure to pass DPS drug screening requirements.
VII. RECORDKEEPING
All records regarding the IGA, including the 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.
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Intergovernmental Agreement - GIITEM Detention Liaison Officer Program
DPS Contract No.
Arizona Department of Public Safety / Maricopa County Sheriffs Office
VIII. FEES
In no event shall either party charge the other for any administrative fees for any work performed
pursuant to the lOA.
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 lOA, 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 lOA 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
OIITEM.
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 DATEIDURATION
The terms of this agreement shall become effective upon the date the last signature is obtained.
The duration of this lOA shall be the fiscal year, July I" 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 lOA.
All prior agreements between DPS and the Agency regarding the OIITEM DLO Program
participation are cancelled as of the effective date of this lOA.
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.
xv. CANCELLATION
All parties are hereby put on notice that this lOA is subject to cancellation by the Oovernor for
conflicts of interest pursuant to A.R.S. §38-511.
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Intergovernmental Agreement - GIITEM Detention Liaison Officer Program
DPS Contract No.
Arizona Department of Public Safety / Maricopa County Sheriffs Office
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 Arpaio
Arizona Department of Public Safety Maricopa County Sheriff s Office
P. O. Box 6638, Mail Drop 3700 100 West Washington, Suite 1900
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
APPROVED AS TO FORM:
f2:dL= DATE: __1~c~)_~~h_3 __
Assistant Attorney General
FF'S OFFICE
DATE: 2 ..."1-''"
Joseph Arpaio, Sheriff
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DPS Contract No: 2013-187
MARICOPA COUNTY
Denny Barney, Chairman Date
Maricopa County Board of Supervisors
ATTEST:
Fran McCarroll Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM
This __ day of , 2014
By: _
Deputy Maricopa County Attorney
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DPS CONTRACT NO:
Addendum "A"
GANG & IMMIGRATION INTELLIGENCE TEAM
ENFORCEMENT MISSION
September 25,2007
DETENTION LIAISON OFFICER PROGRAM
Introduction:
The Detention Liaison Officer (DLO) Program is an intelligence component of the Gang & Immigration
Intelligence Team Enforcement Mission (G.lI.T.E.M.). Detention liaison officers (DLOs) are detention
officers from various sheriffs' and corrections departments, assigned to G.II.T.E.M., who remain at, and
perform gang intelligence duties in, jails and prisons. DLOs collect and report intelligence information
regarding human smuggling organizations, security threat groups, and criminal street gangs. DLOs
serve as intelligence resources for city, county and state law enforcement. G.II.T.E.M. reimburses
participating agencies for 75% of the DLO salary and employee related expenses.
Background:
During the 2006 legislative session, the State Gang Task Force, commonly and once referred to as the
Gang Intelligence Team Enforcement Mission (G.I.T.E.M.), was modified and tasked with an
immigration enforcement and border security component. The change resulted in the addition of a
second "I" (for immigration) in the acronym. Significant funding was appropriated to expand the new
G.II.T.E.M. with 100 new Department of Public Safety (DPS) officer positions, 50 of which are
dedicated to gang enforcement and the remaining 50 devoted to immigration enforcement and border
security.
With the renewed focus on gang and immigration enforcement, intelligence needs quickly surfaced. The
previous gang database once used by G.I.T.E.M. and other agencies around the state had outlived its
effectiveness and was sub-standard to current technologies. Recognizing the need for modernization,
the DPS purchased an enterprise license with hardware and software for a state-of-the-art, intelligence
database called GangNet. GangNet is a web-based technology used to house statewide gang intelligence
records. The exceptional value of the new system is that all local, state, and tribal agencies in Arizona
may access the system for free by completing training and a Memorandum of Understanding (MOU)
with DPS. No new hardware or software is required to enable access to GangNet. Connection to the
system is accomplished through the use of web-enabled personal computers and passwords. Measures
are underway to complete GangNet connectivity with California's gang intelligence system called
CalGang, which houses more than 200,000 gang records.
Having a new repository for gang intelligence records though, is different than having gang records.
Intelligence collection and documentation is the critical component for any intelligence records system.
Leveraging the collection component through use of multiple collection sources provides the means to
adequately and timely populate the repository. Not only must intelligence personnel submit their
products to such a database, but other reporting sources must be recruited to contribute. Training and
directing all gang enforcement officers to collect and report gang intelligence are only the first steps of a
comprehensive process. Additional resources commonly untapped in the overall intelligence strategy
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include patrol officers, detectives, corrections, detention, and probation personnel. Garnering a variety
of reporting assets throughout the multiple criminaljustice disciplines, and documenting the intelligence
in a single repository available to all agencies statewide, provides the most effective means for
developing enforcement strategies.
Detention Liaison Officer Program:
The DLO Program leverages intelligence capabilities by including detention and corrections officers in
the collection and reporting process. Sheriffs departments and correctional facilities already perform
inmate classification duties to prevent violence and other problems in their facilities. The DLO Program
aims to incorporate the information collected during such routine duties to complement efforts by
officers on the streets. The intelligence documented serves to inform agencies statewide, well beyond
localjurisdictional boundaries.
G.II.T.E.M. offers to sheriffs departments and other correctional facilities, including tribal, the
opportunity to participate in the DLO Program. To engage in the program, the participating agency
must complete an Intergovernmental Agreement (lGA) with the Department of Public Safety.
Additionally, the participating agency must agree, through a MOU, to utilize GangNet. G.II.T.E.M. will
provide reimbursement to participating agencies for 75% of the assigned employees' salaries and
benefits.
Personnel assigned to the DLO Program continue to work at their agencies' detention facilities, but are
assigned to collecting, documenting, and reporting criminal gang and human smuggling related
intelligence. The intelligence collected by the DLO is entered into GangNet by the participating agency
or the DLO. The DLO will then provide statistical reporting to the DLO Supervisor on a weekly and
monthly basis. Because the position of a DLO is critical to gang intelligence, DLOs should not be
assigned normal detention or correctional officer duties as their peers.
G.II.T.E.M. provides training to the DLOs through a basic 40-hour course of instruction, as well as
quarterly training seminars and meetings. DLOs will also need to participate and attend in statewide
gang intelligence meetings, which typically occur on a monthly basis in order to stay current on gang
trends and activities within and outside of the state of Arizona. G.II.T.E.M. pays for all DLO travel
related costs, including hotel, meals, and mileage. DLOs are monitored by their own agencies'
commanders; however, in matters related to the DLO Program, DLOs also receive program related
direction and supervision from an appointed G.II.T.E.M. supervisor, who actually oversees the DLO
assigned to them.
G.II.T.E.M. will provide to the DLOs equipment and necessary materials in order for the DLO to
accomplish their duties. DLOs will be responsible for the equipment and necessary materials assigned
to them and all such items shall be returned to G.II.T.E.M. in the event the IGA is terminated.
DLO RESPONSIBILITIES:
• Interview incarcerated gang members and illegal immigrants to develop intelligence about their
criminal organizations.
• Conduct intelligence debriefings of gang members being released from prison/jail.
• Notify the local G.II.T.E.M. squad(s) regarding gang member releases in their geographic area.
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• Interview incarcerated illegal immigrants to determine illegal conveyances into the United States
and any information regarding human or contraband smuggling operations.
• Review inmate mail, phone calls, visitor logs, and notes written/drawn by known incarcerated
gang members.
• Interview inmates for general criminal intelligence.
• Provide training to fellow detention officers regarding inmate gang intelligence collection.
• Establish a facility list of known gangs, gang leadership, number of gang members, and types of
criminal activities both inside and outside of incarceration.
• Complete and/or enter GMIC cards for entry into GangNet and RISS Gang.
• Prepare intelligence reports and statistic documentation on a weekly and monthly basis to the
DLO Sergeant.
• Attend quarterly DLO intelligence and training meetings; as well as attend local weekly and state
monthly gang intelligence meetings throughout the state.
• Respond to and complete requests from local area gang task force squads reference information
related to incarcerated gang members and gangs.
AGENCY RESPONSIBILITES:
• The Sheriffs' departments and correctional facilities (county, state, tribal,federal) agree to allow
the assigned DLO for their agency to do their DLO duties free of being assigned normal
detention or correctional officer duties.
• Agree to allow the assigned DLO to attend basis and advanced training, as well as monthly and
quarterly gang intelligence meetings in order to remain current on gang trends and intelligence.
• Agree to provide a work area within the facility free of distraction and one that will provide the
tools, equipment and materials necessary to accomplish DLO duties and responsibilities.
FUNDING:
GJLT.E.M. is funded by annual legislative appropriation. The DLO Program and commitments to
reimburse participating agencies are delineated in the IGA and are offered for only 12 months per
agreement. Acceptance into the program is subject to the availability of funds.
To participate in the DLO Program, interested agencies should contact GJLT.E.M. directly by calling
(602) 223-2329.
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