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ARIZONA DEPARTMENT OF PUBLIC SAFETY
2102 WEST ENCANTO BLVD. P.O. BOX 6638 PHOENIX, ARIZONA 85005-6638 (602) 223-2000
“Courteous Vigilance”
DOUGLAS A.DUCEY HESTON SILBERT
Governor Director
August 12, 2021
Chief Paul Marzocca
El Mirage Police Department
12401 West Cinnabar Avenue
El Mirage, Arizona 85335
RE: IGA #2021-064
Dear Chief Marzocca:
Attached for your review and approval are two (2) original Intergovernmental Agreements
between the Arizona Department of Public Safety, GIITEM, and the El Mirage Police Department.
The purpose of this IGA is to enhance law enforcement services concerning the criminal activities
of street gangs through the cooperative efforts of the parties. The El Mirage Police Department
agrees to assign one (1) AZPOST certified sworn officer on a full-time basis. The terms of this
agreement shall come effective on the date last signed and shall remain in effect until June 30,
2022. The IGA shall renew annually on July 1 of each year for a period not to exceed four years.
Please sign each of the agreements and return one copy in the enclosed envelope.
If we can be of assistance, you can contact my Chief of Staff for the Criminal Investigations
Division, Major Jennifer N. Borquez at (602) 223-2864 or email at jborquez@azdps.gov.
Sincerely,
Ore Cte
Deston Coleman, Jr., Lt. Colonel
Assistant Director
Criminal Investigations Division
/cjh
Enclosures (3)
DPS CONTRACT NO:* \- Clo U
INTERGOVERNMENTAL AGREEMENT
REGARDING
GANG & IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION
(GIITEM) STATE GANG TASK FORCE
This Intergovernmental Agreement ("IGA"), which becomes effective on the date last signed, is
entered into between the State of Arizona through its Department of Public Safety ("DPS"), and the E]
Mirage Police Department ("Agency").
The purpose of this Agreement is to enhance law enforcement services concerning the criminal
activities of street gangs through the cooperative efforts of the parties.
DPS is authorized 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.
In consideration of the mutual promises set forth herein, the parties to this Agreement agree to the
following terms and conditions.
I. PARTICIPATION
The Agency agrees to assign one (1) AZ P.O.S.T. certified sworn law enforcement (“officers”) to
DPS’s Gang & Immigration Intelligence Team Enforcement Mission, ("GIITEM") on a full-time
basis for the suppression of gang activity and enforcement of gang-related crimes, as directed by DPS.
The Agency agrees the assigned officer(s) shall be in compliance with DPS residency requirements.
During the term of the IGA, Agency and DPS agree that Agency shall continue to provide officers
with all employment-related benefits, rights, and privileges. The officers must abide by all of
Agency's applicable rules and regulations and are subject to Agency's disciplinary process.
Il. DPS'S RESPONSIBILITIES
Based upon the officers' completed DPS weekly time sheets, DPS will reimburse Agency on a
monthly basis for seventy-five (75%) percent of personal services and employee-related expenses that
accrue during the term of the IGA. Personal services and employee-related expenses aredefined
as gross pay, FICA taxes, health, dental, and life insurance, workers compensation, retirement,
overtime, and sick, vacation, and personal leave. Vacation and sick leave that accruesbut is not
used will not be reimbursed.
Overtime compensation will be for GITEM-related activities only. DPS will reimburse all overtime
compensation (based upon DPS rules, not to exceed 20 hours per month). An officer must perform a
minimum of 40 hours of GIITEM-related work for DPS to reimburse for overtime in any given week.
The 20 hours of overtime per month may be exceeded without contacting Agency if DPS determines
that additional funding is available, and the overtime is authorized by the respective district
commander.
All DPS-approved travel expenses will be reimbursed directly to the officers by DPS under the
employee travel reimbursement guidelines established by the Arizona Department of Administration.
The amount reimbursed for travel expenses shall be for actual costs incurred duringthe effective dates
of this IGA.
DPS agrees to assign a department vehicle to Agency officers. Officers are responsible for
maintaining the assigned vehicle in accordance with DPS policy and shall utilize the DPS assigned
vehicle for GIITEM purposes only. Officers must meet the ADOA driver training requirements.
Any other equipment assigned to officers for use during the assignment shall remain the property of
the party that assigned the equipment.
II. AGENCY'S RESPONSIBILITIES
Prior to the officer(s) commencing work at DPS/GITEM, Agency shall furnish DPS with the
information necessary for DPS to pay personal services and employee-related expenses as defined in
paragraph II. Agency will pay the remaining twenty-five (25%) percent of the personal services and
employee-related expenses. DPS will not reimburse Agency for salary increases or changes to base
salaries, unless Agency submits the changes to DPS at least 60 days prior to the effective date of the
change.
IV. IMMIGRATION
All parties agree to comply with A.R.S. §§ 23-214 and 41-4401.
V. NONDISCRIMINATION
All parties agree to comply with the non-discrimination provisions of the Governor's Executive Order
2009-09,
VI. 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.
VII. DRUG FREE WORKPLACE
Any officers assigned to GIITEM will be subject to random and/or for cause, drug and alcohol testing
in accordance with Agency's guidelines. If Agency does not have a drug free program, officers 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 Agency for officers who undergoes testing. Officers may be removed from GIITTEM
for failure to comply with the program or failure to pass DPS drugscreening requirements.
VIII. RECORDKEEPING
All records regarding the IGA, including time accounting logs, must be retained for five (5) years in
compliance with A.R.S. § 35-214.
IX. FEES
Neither party may charge the other for administrative fees for any work performed pursuant to the
IGA.
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April 2021
X. JURISDICTION
Agency agrees to permit officers to work outside of their regular jurisdictional boundaries.
XI. 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.
XII. WORKER'S COMPENSATION BENEFITS
Pursuant to A.R.S. § 23-1022 D., for the purposes of workers compensation coverage, Agency
officers shall be deemed to be employees of DPS and Agency. Agency, as the primary employer,
shall be solely liable for payment of workers compensation benefits and the processing of any claims
occurring during the officer's assignment to GIITEM.
XIII. 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.
XIV. EFFECTIVE DATE/DURATION
The terms of this agreement shall become effective on the date last signed and shall remain in effect
until June 30, 2022. The IGA shall renew annually on July | of each year for a period not to exceed
four (4) years. All prior agreements between DPS and Agency regarding GIITEM gang enforcement
participation are superseded as of the effective date of this IGA.
XV. 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.
XVI. CANCELLATION
This IGA is subject to cancellation for conflicts of interest pursuant to A.R.S. § 38-511.
XVII. 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 effective
date of the termination. All property shall be returned to the owning party upon termination.
XVIII. NOTICE
Any notice required to be given under the IGA will be provided by mail to:
GIITEM Commander Chief Paul Marzocca
Arizona Department of Public Safety El Mirage Police Department
P.O. Box 6638, Mail Drop 3700 12401 W. Cinnabar Avenue
Phoenix, AZ 85005 El Mirage, AZ 85335
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XIX. 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 OTHER AGENCY
By By.
Chief Paul Marzocca
Date: g / ‘0 Py Date:
APPROVED AS TO FORM APPROVED AS TO FORM
7 2h
Assistant Attorney General City/County Attorney
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