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DPS Contract No: __________________________
Page 1 of 7
INTERGOVERNMENTAL AGREEMENT
BETWEEN
ARIZONA DEPARTMENT OF PUBLIC SAFETY
AND
THE CITY OF EL MIRAGE POLICE DEPARMENT
This intergovernmental agreement (this “Agreement”) is entered into pursuant to Arizona
Revised Statutes (“A.R.S.”) § 11-952 by the Arizona Department of Public Safety and the City
of El Mirage, collectively known herein as the “parties”.
RECITALS
A. The State Farm Stadium in Glendale (the “Stadium”) is governed by A.R.S. § 5-801 et al, and
operates under the authority of the Arizona Sports and Tourism Authority, the owner of the
Stadium; and
B. The Arizona Sports and Tourism Authority delegated its authority for the operation and
maintenance of the Stadium to ASM Global, both of whom has an interest in ensuring the safety
and security of those attending events at the Stadium by ensuring proper traffic control and a
visible law enforcement presence during certain scheduled events at the Stadium; and
C. ASM GLOBAL has the need for qualified personnel to provide law enforcement and other
personnel services at the Stadium; and
D. The DPS has entered into an agreement with ASM GLOBAL pursuant to A.R.S. §41-1713(B)(3),
to provide law enforcement services at the Stadium; and
E. The City of El Mirage Police Department desires to assist DPS in providing law enforcement
security services to ASM GLOBAL for the Stadium by making available The City of El Mirage
Police Department officers in accordance with the terms set forth herein.
F. The parties desire to enter into this Agreement to cooperatively provide the necessary law
enforcement and security services.
AGREEMENT
Therefore, in consideration of the foregoing recitals, the covenants, promises, terms and conditions set
forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereby agree as follows:
1. Purpose and Intent - The purpose of this Agreement is to provide the means through which the
parties intend to provide professional law enforcement and security services to ASM GLOBAL
by maximizing cooperation, by integrating The City of El Mirage Police Department and DPS
assets, and by addressing issues including, command, control, personnel, planning and training.
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2. Supervision and Staffing
2.1
The City of El Mirage Police Department acknowledges that command and control for all
events worked for ASM GLOBAL pursuant to this Agreement (individually “Event” and
collectively “Events”) shall be the duty and responsibility of DPS.
2.2
In carrying out this responsibility, DPS will in good faith assign officers to work Events
in accordance with the procedures adopted in consultation with the Chiefs of Police for
all of the member agencies providing officers to Events.
2.3
The City of El Mirage Police Department Agrees and understands that entities other than
the State of Arizona and the DPS have input into the decisions regarding whether, and to
what extent, law enforcement will provide service for Events; however, DPS will provide
information regarding staffing decisions to The City of El Mirage Police Department as
soon as it becomes available.
3. Assigned Personnel
3.1
The City of El Mirage Police Department shall have the discretion to determine which
and how many of its officers will be allowed to apply for assignments at Events and how
many officers will be assigned to the Events (hereinafter referred to as “Assigned
Officers”).
a. All Assigned Officers will be required to enter into temporary employment contracts
with the State of Arizona.
b. The contract will outline the mutual responsibilities of the Assigned Officer and DPS
and will specify that the Assigned Officers are “at will” temporary employees of DPS
and that either party can terminate the contract, with or without cause at any time and
without notice.
3.2
While working an Event, the Assigned Officers must wear uniforms approved by DPS
and The City of El Mirage Police Department and the Assigned Officers may carry other
equipment authorized by The City of El Mirage Police Department.
3.3
When working an Event, DPS will make available to Assigned Officers forms and other
supplies that are necessary to work the Event.
3.4
Upon termination of this Agreement and conclusion of any assignments, all personal
property, assets, equipment, and supplies used by the parties and Assigned Officers in
performance of their responsibilities shall remain with or be returned to the owner of such
property.
3.5
Any inconsistency between DPS and The City of El Mirage Police Department rules or
regulations and all operational disputes will immediately be brought to the attention of
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the Director of DPS and will be fully and finally addressed and resolved by the DPS
Director in accordance with his or her determination of the best practices under the
circumstances. The Director may delegate this responsibility to a specific command
officer.
4. Compensation, Insurance and Reporting
4.1
The parties agree that during Events the Assigned Officers shall be temporary employees
of DPS for compensation purposes and not independent contractors; provided however,
that each such Assigned Officer will at all times also be deemed an employee of The City
of El Mirage Police Department and nothing in this Agreement is intended to contradict
or otherwise modify the provisions of A.R.S. § 23-1022 (D).
4.2
Each Assigned Officer who works an Event will be paid the specified hourly rate
determined by DPS based on current market conditions.
a.
Assigned Officers’ compensation shall be subject to all applicable federal and
state taxes, which shall be deducted prior to payment, and which shall be
evidenced by a W-2 statement issued by DPS to each Assigned Officer.
b.
Each officer’s home agency (primary employer) shall provide the workers’
compensation coverage for all Assigned Officers in such amounts and under the
same terms and conditions as other sworn, full-time employees.
c.
Except for liability coverage, Assigned Officers are not entitled to any other
employee benefits or compensation from DPS.
4.3
DPS shall make available to The City of El Mirage Police Department information about
the hours worked by Assigned Officers not later than seven days following each Event to
enable The City of El Mirage Police Department to properly monitor and regulate the
hours worked by all of their Assigned Officers.
4.4
Each party affirms that it has complied with the provisions of A.R.S. § 23-1022 (E) with
respect to activities addressed by the Agreement.
5.
Indemnification
5.1
Each party (as "indemnitor") agrees to indemnity, 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
DPS Contract No: __________________________
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indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the
indemnitor, its officers, agents, employees, or volunteers.
6.
Agreement
6.1
Any release of information to the media, other than a public records release, regarding an
Event or any activities under this Agreement will be coordinated by DPS in cooperation
with The City of El Mirage Police Department but, except as provided below, no
unilateral media releases will be distributed by The City of El Mirage Police Department
without the prior approval of DPS.
6.2
A copy of all public record and media releases regarding an Event or any activities under
this Agreement shall be forwarded to DPS prior to release; provided however, if an
incident is primarily focused upon or concerned with the actions of The City of El Mirage
Police Department’s Assigned Officer, The City of El Mirage Police Department will be
responsible for the release of information to the media relative to the incident.
6.3
The parties will not reveal any investigative information or operational procedures except
as required by law.
7.
Arizona POST Certification
7.1
Relative to its Assigned Officers, The City of El Mirage Police Department agrees that it
will be responsible to the Arizona Peace Officers Standards and Training Board
(“POST”) for complying with all requirements mandated by Arizona Administrative
Code Regulation R13-4-101 et seq.; including but not limited to, The City of El Mirage
Police Department’s responsibilities to POST for the hiring, fitness for duty, record-
keeping, training, and testing requirements imposed upon law enforcement agencies
employing police officers in Arizona.
7.2
DPS and The City of El Mirage Police Department agree to cooperate to ensure any
issues that arise relative to POST certification are resolved in a reasonable and efficient
manner.
8.
Execution, Duration and Renewal
8.1
This agreement will be effective immediately upon the approval of both parties’
governing bodies and shall remain in full force and effect until June 30, 2027.
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8.2
This Agreement may be executed in counterparts.
8.3
This Agreement may be renewed for successive additional one (1) year periods for up to
(5) years upon mutual consent of the parties.
9.
General Provisions
9.1
Entire Agreement. This Agreement embodies the entire understanding of the parties and
supersedes any other agreement of understanding between the parties relating to the
subject matter of this Agreement.
9.2
Severability. The provisions of this Agreement are severable to the extent that any
provision of application held to be invalid by a court of competent jurisdiction shall not
affect any other provision of application of the Agreement which may remain in effect
without the invalid provision of application.
9.3
Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Arizona.
9.4
Conflict of Interest. This Agreement may be canceled by any of the parties pursuant to
the provisions of A.R.S. § 38-511.
9.5
Termination. The City of El Mirage Police Department may, at any time, terminate this
Agreement by giving DPS not less than sixty (60) days prior written notice. DPS may at
any time terminate this Agreement by giving The City of El Mirage Police Department
not less than sixty (60) days prior written notice.
9.6
Dispute Resolution. In the event of any dispute regarding the terms or the interpretation
of this Agreement the parties’ command staff will consult with each other in an effort to
settle the dispute, in good faith. If the parties are unable to settle the dispute, either party
may terminate this Agreement. 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.
9.7
Waiver. The waiver of any breach of this Agreement shall not be deemed to amend this
Agreement and shall not constitute a waiver of any other subsequent breach.
9.8
Headings. Headings of this Agreement are for the convenience only and shall not affect
the interpretation of this Agreement.
DPS Contract No: __________________________
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9.9
Further Acts. Each party shall execute and deliver all such documents and perform all
such acts as reasonably necessary, from time to time, to carry out the matters
contemplated by this Agreement.
10.
E-Verify
10.1
The parties acknowledge that immigration laws require them to register and participate
with the E-Verify program (employment verification program administered by the United
States Department of Homeland Security and the Social Security Administration or any
successor program) as they both employ one or more employees in this state.
10.2
The parties warrant that they have registered with and participate with E-Verify.
10.3
If either party later determines that the other non-compliant party has not complied with
E-Verify, it will notify the noncompliant party by certified mail of the determination and
of the right to appeal the determination. The parties retain the legal right to inspect
the papers of any employee who works pursuant to this Agreement or any related
subcontract to ensure compliance with the warranty given above. Either party may
conduct a random verification of the employment records of the other party to ensure
compliance with this warranty.
10.4
Failure to comply shall be deemed a material breach of the Agreement that is subject to
penalties up to and including termination of the Agreement.
11.
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.
12.
Non-Discrimination
The parties must not discriminate against any employee or applicant for employment on the basis
of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity
or expression, genetic characteristics, familial status, U.S. Military Veteran status or any
disability.
DPS Contract No: __________________________
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{signatures appear on the following page}
ARIZONA DEPARTMENT OF PUBLIC SAFETY
CITY OF EL MIRAGE PD
_________________________________________
______________________________
Colonel Heston Silbert, Director
CERTIFICATION BY LEGAL COUNSEL
The foregoing Intergovernmental Agreement between DPS and The City of El Mirage Police
Department and is in proper form and is within the powers and authority of the DPS granted
under the laws of the State of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
__________________________________
___________________________________
State of Arizona
The City of El Mirage Police Department