IGA for WV Mobile Field Force

City of El Mirage — Regular Meeting (2021-06-15)

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INTERGOVERNMENTAL AGREEMENT 
FOR THE CREATION AND PARTICIPATION IN THE 
WEST VALLEY MOBILE FIELD FORCE RESPONSE TEAM 
 
 
This Intergovernmental Agreement (“Agreement” or “IGA”) is entered into by and between  
the municipal corporations of the City of Avondale, the City of Buckeye, the City of El Mirage, 
the City of Glendale, the City of Goodyear, the City of Peoria, the City of Surprise, the City of 
Tolleson, and the Town of Wickenburg, for and on behalf of their respective police 
departments or law enforcement agencies. Throughout this IGA the municipal corporations 
listed may be referred to as a “Party” and may be referred collectively as “Parties”. The law 
enforcement agency of the Parties will be referred to as “Agency” or “Agencies”.   
 
I. 
RECITALS 
 
WHEREAS, the Parties are authorized and empowered by A.R.S. Sections 11-951 et. seq. 
and A.R.S. Section 13-3872, and in some instances by city charter provision, to enter into 
agreements for the joint exercise of governmental powers and law enforcement mutual aid; 
and 
 
WHEREAS, agreements for mutual assistance and intergovernmental cooperation in public 
safety areas have existed between municipalities and governmental jurisdictions; and 
 
WHEREAS, it is the desire of the Parties and Agencies to work together for mutual benefit of 
the public; and 
 
WHEREAS, it is the desire of the Parties and Agencies to work together and coordinate 
response to incidents of civil disturbance, public demonstrations, volatile situations of large 
or intermediate scale, or any event involving large crowds; and  
 
WHEREAS, the locations of each Party’s jurisdiction and their proximity to each other makes 
it advantageous to enter into this IGA in order to receive and extend mutual aid in the form 
of law enforcement services and resources to adequately respond to continuing, multi -
jurisdictional criminal activity.  
 
NOW THEREFORE, in consideration of the mutual promises, inducements, covenants, 
agreements, conditions and other good and valuable consideration, the receipt and 
sufficiency of which is acknowledged, the Parties agree as follows: 
  
For purposes of this IGA, the Agencies of the aforementioned Parties shall hereinafter be 
known collectively as the West Valley Mobile Field Force Response Team (MFFRT). Each 
West Valley MFFRT agency shall provide a copy of its fully executed IGA to every other 
member agency. If any Native American Tribal Government becomes a party to this IGA 
and requests MFFRT assistance, all assisting MFFRT team members shall be granted tribal 
peace officer authority for the duration of the MFFRT activation within the applicable tribal

jurisdiction. 
 
II. 
PURPOSE 
 
The purpose of this Agreement is to create the West Valley Mobile Field Force Response 
Team (“MFFRT”). The primary goal of the MFFRT is to provide a pool of specialized 
officers available, upon request, to assist in responding to volatile situations, incidents of 
civil disturbance, public demonstrations or events involving large crowds.  
 
III. 
ACTIVATION, PROCEDURES AND RESOURCES 
 
Each Agency director shall appoint a MFFRT Leader (“Leader”) as well as an Alternate for 
that Agency who shall be no less than the rank of commander or equivalent, and no less than 
four (4) sworn officers to be MFFRT Members (“Members”). Each Leader shall be responsible 
for all training, coordination and deployment of members from the same Agency, as well as 
coordination of training and deployment with each other Agency. Leaders are also 
responsible for mediating any disagreements between the Agencies during a MFFRT 
deployment. Each Agency shall notify every other Agency of the name and contact 
information of that Agency’s Leader and Alternate, as well as when that designation or 
information changes.   
 
Any Agency to the Agreement may request activation or deployment of MFFRT. It shall 
be the responsibility of the Agency requesting activation to contact assigned Leaders via 
the law enforcement communications center of each Agency. 
 
The Agency that has jurisdiction over the incident or investigation will remain as the lead 
agency for the duration of a particular MFFRT deployment with support from MFFRT 
agencies. 
 
Each Agency, if resources are available, shall make at least one sworn law enforcement 
officer available along with supporting equipment such as vehicles in support of any 
MFFRT deployment. In the event a MFFRT Member is not available or as the situation 
dictates, a MFFRT agency may provide other sworn officers not designated as MFFRT 
Members in support of a MFFRT deployment. 
 
Each Agency shall have the sole discretion to determine how many or how long any of 
its personnel or resources shall be assigned in support of a MFFRT deployme nt . 
 
IV. 
COSTS AND ANY REIMBURSEMENT 
 
The Parties will be responsible for any and all associated costs accrued in implementi ng 
this Agreement that are incurred by their respective agencies to include but are not 
limited to employee salary, shift differential pay, overtime compensation, benefits, 
vehicles, equipment, etc. If any Party receives grant funds designated for the West Valley 
Mobile Field Force Response Team, some or all of these expenses may be reimbursed

to the Parties. In no event shall any Party charge other Parties tor any administrati ve 
fees for any work performed pursuant to this Agreement. 
 
V. 
NONDISCRIMINATION 
 
The Parties to this Agreement shall comply with all applicable provisions of state and 
federal non-discrimination laws and regulations which mandates that all persons, 
regardless of race, religion, sex, age, national origin or political affiliation shall have equal 
access to employment opportunities and all other federal and state employment and 
educational opportunity laws, rules and regulations, including the Americans with 
Disabilities Act; provided however, an Indian Community is subject to 25 U.S.C. § 
450e(c). No Party shall engage in any form of illegal discrimination. 
 
VI. 
INDEMNIFICATION 
 
Each Party (as "Indemnitor") agrees to defend, indemnify, 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, 
officials, agents, employees, or volunteers. 
 
VII. 
GOVERNING LAW 
 
The laws of the State of Arizona shall govern this Agreement. Venue will be in the 
Maricopa County Superior Court unless the subject matter of the dispute involves an 
Indian Community, then venue shall be in the Federal District Court for the State of 
Arizona. In the event of any litigation or arbitration arising out of this Agreement, the 
substantially prevailing Party in such litigation or arbitration shall be entitled to recover 
its reasonable attorney fees, expert witness fees and other costs of litigation. 
 
VIII. 
EFFECTIVE DATE, DURATION AND CANCELLATION OF AGREEMENT 
 
This Agreement shall become effective upon execution by the Parties hereto and shall 
remain in effect until July 1, 2026, unless otherwise terminated by the terms of this 
Agreement or operation of law. Failure by one or more Parties to execute the Agreement 
shall not invalidate the Agreement as to those Parties who did so. Any Party may 
withdraw from this Agreement with or without cause by giving thirty (30) calendar days 
written notice to the other Parties to the Agreement. 
 
 
IX. 
CANCELLATION PROVISIONS PURSUANT TO A.R.S §38-511

The Parties reserve all rights that each may have to cancel this Agreement for possible 
conflicts of interest under A.R.S. § 38-511, as amended. 
 
X. 
MULTIPLE COUNTERPARTS 
 
This Agreement may be executed in multiple counterparts, each of which shall be 
deemed an original, but all of which together shall constitute one and the same 
instrument. Neither a signature for every Party nor a signature line shall be required in 
each counterpart except that on a counterpart being brought forward by a Party to its 
legislative body or equivalent for approval, that particular counterpart shall have to be 
signed and executed in accordance with that Party's practice. The signature pages from 
one or more counterparts may be removed from such counterparts and such signature 
pages all attached to a single instrument so that the signatures of all Parties may be 
physically attached to a single document. 
 
XI. 
WORKER'S COMPENSATION 
 
Pursuant to A.R.S. §23-1022(D), tor the purposes of worker's compensation coverage, 
all employees of each Party covered by this Agreement shall be deemed to be an 
employee of all Parties. The parent agency shall be solely liable for payment of worker's 
compensation benefits. In addition, any volunteer of a Party that is involved in the 
execution of training, events or activities pursuant to this Agreement shall be considered 
an employee of that Party pursuant to A.R.S. §23-901.06 and entitled to benefits 
pursuant to A.R.S. Title 23, Chapter 6 Worker’s Compensation. 
 
XII. 
OTHER PROVISIONS 
 
In the event that any provision of this Agreement shall be held invalid or unenforceable 
by any court of competent jurisdiction, such holding shall not affect the validity or 
enforceability of any other provision hereof. 
 
This Agreement contains the entire understanding between the Parties with respect to 
the subjects hereof and supersedes all prior negotiations and agreements. This 
Agreement may be amended only by an instrument in writing and signed by all the 
participating Parties. The waiver of any breach of this Agreement shall not be deemed 
to amend this Agreement and shall not constitute waiver of any other subsequent breach. 
Headings are for convenience and shall not affect interpretation. 
 
Each party agrees to comply with A.R.S. 35-393 et seq. if applicable.  
 
Nothing within this Agreement shall be construed to limit the ability of participating MFFRT 
members to provide or as otherwise allowed for by law, such 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.

The Parties expressly agree that this IGA is neither intended by any of its provisions to create 
any right of the public or any member thereof as a third party beneficiary, nor authorize 
anyone not a Party to this IGA to maintain a suit for personal injuries or property damage 
pursuant to the terms or provisions of this IGA. 
 
Neither this IGA, nor any of its rights and obligations, may be transferred of assigned by any 
Party, without the consent of all Parties.  
 
No term or provision in this IGA is intended to create a partnership, joint venture or agency 
arrangement between the Parties.  
 
XIII. COMPLIANCE WITH E-VERIFY PROGRAM 
 
To the extent provisions of A.R.S. §41-4401 are applicable, all Parties warrant to each Party 
that they will comply with all Federal Immigration laws and regulations that relate to their 
employees and that each now complies with the E-Verify Program under 
A.R.S. §23-214(A). 
 
A breach of this warranty will be considered a material breach of this Agreement and may 
subject the breaching party to penalties up to and including termination of this Agreement. 
 
All of the Parties retain the legal right to inspect the documentation of any employee who 
works pursuant to this Agreement or any related subcontract to ensure compliance with the 
warranty given above. 
 
Any Party may conduct a random verification of the employment records of any other Party 
to ensure compliance with this warranty. 
 
A Party will not be considered in material breach of this Agreement if it establishes that it has 
complied with the employment verification provisions prescribed by 8 USCA §1324(a) and 
(b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed 
by A.R.S. §23-214(A}. 
 
The provisions of this Article must be included in any contract either Party enters into with 
any and all of its contractors or subcontractors who provide services under this Agreement. 
 
XIV. 
NOTICES 
 
Any notice required to be given under this Agreement will be provided to all Parties to this 
Agreement. The West Valley MFFRT Leaders shall compile a list of each Party's contact 
person, address, and phone number and distribute said list to each member to this 
Agreement.

6 
 
 
IN WITNESS WHEREOF, the Party named below has executed this Agreement on 
___________. 
 
 
 
 
 
CITY 
OF 
___________, 
an 
Arizona 
municipal corporation 
 
 
 
By:  
 
 
 
 
 
 
 
 
NAME 
 
 
 
Mayor 
ATTEST: 
 
_________________________ 
NAME 
City Clerk 
 
APPROVED AS TO FORM: 
 
_________________________ 
NAME 
City Attorney 
 
 
Reviewed By: 
 
 
 
 
 
 
 
 
NAME 
Chief of Police

7 
 
INTERGOVERNMENTAL AGREEMENT DETERMINATION 
 
In accordance with A.R.S. §11-952, this Agreement has been reviewed by the 
undersigned who determined that this Agreement is in appropriate form and is within the 
powers and authority of the respective parties. 
 
 
By:  
 
 
 
 
 
 
      NAME 
      City Attorney 
      
 
 
 
 
 
Date: