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INTERGOVERNMENTAL AGREEMENT
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FOR PARTICIPATION IN THE ARIZONA CHILD ABDUCTION RESPONSE TEAM
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This Agreement is entered into pursuant to A.R.S. §§11-951, et seq., and A.R.S. §13-3872 by
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and among any and all Cities, Towns Agencies and other entities that have signed, recorded and
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entered into this agreement.
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The aforementioned entities shall hereinafter be known collectively as the Arizona Child
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Abduction Response Team (AZCART). Any other public agencies, as that term is defined in
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A.R.S. § 11-951, which after invitation by AZCART, comply with the provisions of A.R.S.
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§§11-951 et seq. and subsequently signs this Agreement shall become Parties to this Agreement.
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As new agencies are invited and agree to sign this agreement, AZCART will be sure to update
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and distribute its list of member agencies. Each AZCART agency shall provide a copy of its
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fully executed agreement to every other member agency. In addition to the above, all subsequent
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parties to this Agreement will be included in any collective reference to and will also be
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collectively known as, or referred to as, one of the “Parties” hereto.
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I. PURPOSE AND INTENT OF AGREEMENT
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The purpose of this Agreement is to create an Arizona Child Abduction Response Team
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(AZCART). The primary goal of the Arizona Child Abduction Response Team is to provide a
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pool of specialized investigators, who are available to focus dedicated and intensive
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investigative, preventative, and general law enforcement efforts, primarily concerning cases
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involving abducted or at-risk missing children. AZCART and other Arizona law enforcement
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agencies may request and render law enforcement assistance to/from other AZCART agencies in
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dealing with serious violations of law including, but not limited to: the investigation, arrest, and
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prosecution of those involved in criminal child kidnapping, abduction, false imprisonment, and
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similar or related violations (utilizing state and federal law and prosecutions, as appropriate); the
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rescue of the abducted child or children; and the seizure and forfeiture of assets of those engaged
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in child abduction or otherwise supporting such activity, utilizing applicable state and federal
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forfeiture laws, as may be appropriate).
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Additionally, the location of each Party’s jurisdiction in relation to each other makes it
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advantageous to enter into this Agreement, in order to receive and extend mutual aid in the form
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of law enforcement services and resources, to respond to continuing, multi-jurisdictional
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criminal activity such as that described above.
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II. AUTHORITY TO ENTER INTO THIS AGREEMENT
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A. The Parties are authorized and empowered to enter into this Agreement pursuant to A.R.S.
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§§11-951 et seq., A.R.S. §13-3872 and the respective provisions of their City Charters, Tribal
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Constitution, or other governing statute or authority.
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If any Native American community requests AZCART assistance, consideration should be given
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for granting all assisting AZCART team members tribal peace officer authority for the duration
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of the AZCART activation within the applicable tribal jurisdiction if and when required.
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III. CART ACTIVATION, PROCEDURES AND RESOURCES
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A. Any Party to the Agreement or authorized representative of any Arizona law enforcement
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agency may request activation of AZCART. An activation can include but is not limited to: a
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Limited Team (Hasty Team) call out for the purposes of consulting with the primary jurisdiction
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or a branch-only call out for conducting a specific task, a Technical Team call out for cell tower
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analysis, foreign language translation, dedicated forensic interviews, specialized equipment, etc.,
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or a Full Team call out for neighborhood and roadside canvassing, criminal investigation
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assistance, lead management assistance, area searches, crime scene management assistance,
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intelligence gathering, etc..
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It shall be the responsibility of the Party or authorized representative requesting activation to
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contact the designated Google Voice number of 480-442-2784 to be put in touch with the
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AZCART State Coordinator or designee for vetting of the request for activation.
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The criteria for an AZCART activation include one or more of the following: a confirmed or
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suspected non-family child abduction, a confirmed or suspected family or non-custodial parent
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abduction with endangerment circumstances, and/or any other at-risk missing child investigation
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requiring immediate response in order to protect the life or well-being of a child as determined
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by the AZCART State Coordinator or designee.
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Endangerment circumstances are defined as: when a child’s life or well-being is perceived to be
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at risk due to violence or health conditions and/or if the abducting party has the potential for
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violence or is expected to otherwise endanger the child. At-risk factors can include but are not
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limited to: child is deemed special needs due to a medical diagnosis or diagnosed behavioral
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condition, child has a life-threatening health condition, child is medicine/drug dependent, child is
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13 years of age or younger therefore at risk of exploitation, signs are present consistent with
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sexual exploitation, or child is absent in a way inconsistent with established patterns of behavior
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without explanation, etc.
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B. The Agency that has legal jurisdiction over the incident or investigation will remain as the
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lead agency during the duration of a particular AZCART activation with support from AZCART
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agencies.
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C. One lead AZCART State Coordinating Agency led by a AZCART State Coordinator as well
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as two branch (Northern and Southern) coordinating agencies each led by a AZCART Branch
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Coordinator will be selected by the AZCART Steering Committee members subject to final
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approval of chief law enforcement officers (chiefs) of the AZCART agencies selected on a
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rotating basis for a term of at least one year, which shall correspond with the effective date of the
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Agreement. The individual State or applicable Branch Coordinator will be selected by that
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coordinating agency. In the event that a State or Branch AZCART Coordinator is unable to
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complete his or her term due to retirement, resignation from his or her agency, change in primary
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assignment, promotion, or for any other reason, the coordinating agency should name a
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replacement coordinator from within their agency to fulfil the remainder of the year term.
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D. The AZCART State Coordinating Agency will have primary responsibility over maintaining
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U.S. Department of Justice certification, compliance, and reporting, as well as maintaining IGA
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compliance within Arizona. The State Coordinating Agency will handle primary vetting of
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AZCART activation requests to ensure criteria have been adequately met. The State
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Coordinating Agency will have primary responsibility for AZCART activations in Maricopa,
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Yuma, Pinal, La Paz, Gila, Graham and Greenlee Counties. The AZCART State Coordinating
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Agency will provide oversight and support to any Northern or Southern AZCART Branch
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activation. The AZCART Northern Branch Coordinating Agency falls under the responsibility
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and oversight of the State Coordinating Agency and will have primary responsibility over
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coordinating the response for AZCART activations in Mohave, Coconino, Yavapai, Navajo and
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Apache Counties. The AZCART Southern Branch Coordinating Agency falls under the
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responsibility and oversight of the State Coordinating Agency and will have primary
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responsibility over the response for AZCART activations in Pima, Santa Cruz and Cochise
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Counties.
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E. The AZCART State and Branch Coordinators or designees will be responsible for
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coordinating on-going training, meetings or other necessary supporting functions in support of
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the operational effectiveness of AZCART. The AZCART State Coordinator shall be responsible
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for mediating any jurisdictional or AZCART activation disputes between the Parties during an
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AZCART activation. In the event such mediation fails, the issue shall be brought to the attention
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of the applicable AZCART Chiefs and/or Sheriffs or their designees for appropriate resolution.
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F. Each Party shall, to the best of its ability, designate at least one sworn law enforcement
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officer available along with supporting equipment such as vehicles in support of any AZCART
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activation. Each Party shall designate a primary AZCART member to participate in activations,
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meetings, trainings, etc. Each Party shall immediately inform other AZCART agencies when
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such designations change. In the event a primary CART member is not available or as the
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situation dictates, an AZCART agency may provide officers not normally designated as
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AZCART members in support of an AZCART activation.
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G. Each Party shall have the sole discretion to determine how many and/or how long any of its
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personnel or resources shall be assigned in support of an AZCART activation.
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H. Each Party shall have the ability to have representation on the AZCART Steering Committee.
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The AZCART Steering Committee shall be run by the current State Coordinating Agency and is
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responsible for meeting quarterly either in person or virtually at the discretion of the State
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Coordinating Agency. AZCART Steering Committee meetings shall serve the purpose of
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discussing AZCART related matters, soliciting feedback on current and past AZCART
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activations, preparing quarterly training for AZCART membership as well as soliciting and
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selecting suitable agencies for rotation as State or Branch Coordinating Agencies. In the event
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multiple agencies desire to be the State or Branch Coordinating Agency a majority vote of the
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AZCART Steering Committee at the designated 4th quarterly meeting shall make the
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determination with the vote of the current AZCART State Agency acting as a tiebreaker if
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needed. In the event not all replacement coordinating agencies are identified by the 4th quarterly
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meeting, the current State or Branch Coordinating Agency will have the option of remaining in
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place on a month-to-month basis until a replacement agency is found. If a Branch Coordinating
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Agency cannot be determined, then those activation responsibilities will fall back under the State
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Coordinating Agency until a replacement is found.
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IV. COSTS AND ANY REIMBURSEMENT
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The Parties will be responsible for any and all associated costs accrued in implementing this
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Agreement that are incurred by their respective agencies, to include, but are not limited to,
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employee salary, shift differential pay, overtime compensation, benefits, vehicles, equipment,
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etc. If any Party receives grant funds designated for the Arizona Child Abduction Response
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Team, some or all of these expenses may be reimbursed to the Parties. In no event shall any
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Party charge other Parties for any administrative fees for any work performed pursuant to this
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Agreement.
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V. NON-DISCRIMINATION
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The Parties to this Agreement shall comply with all applicable provisions of state and federal
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non-discrimination laws and regulations including, but not limited to, that all persons, regardless
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of race, color, religion, sex, age, marital status, sexual orientation,, gender identification or
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expression, genetic characteristics, familial status, national origin or political affiliation, U.S.
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military veteran status or disability, shall have equal access to employment opportunities and all
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other federal and state employment and educational opportunity laws, rules and regulations,
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including the Americans with Disabilities Act; provided however, an Indian Community is
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subject to 25 U.S.C. § 450e(c). No Party shall engage in any form of illegal discrimination.
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VI. INDEMNIFICATION
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Each Party agrees that it will be responsible for any liability or loss that may be incurred as a
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result of any claim, demand, cost or judgement made against that party to the extent arising from
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any negligent, reckless or intentional act or omission by any of that party’s employees, agents, or
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servants in connection with work or responsibilities performed pursuant to this Agreement.
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To the extent permitted by law, each Party does hereby covenants and agrees, to the extent
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permitted by law, to indemnify, defend, and hold harmless the other Party, their elected officials,
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appointees, officers, employees, contractees, and agents from and against any and all suits,
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actions, legal or administrative proceedings, claims, demands or damages of any kind or nature
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relating to this Agreement which, are the result of any act or omission of the Party, its officers,
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employees, contractees, agents, and anyone acting under its direction or control, whether
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intentional or negligent, in connection with or incident to this Agreement. Failure of a Party to
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comply with the terms of this Agreement shall not provide the basis of any third-party action
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against any of the Parties.
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VII. DISPUTES/GOVERNING LAWJURISDICTION/VENUE
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All parties to this Agreement shall make every effort to resolve conflicts with the parties involved.
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If settlement is not obtained, then parties may submit a grievance to litigation. The laws of the
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State of Arizona shall govern this Agreement. If a dispute arises under this agreement, which
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cannot be resolved by the Parties, it shall be resolved by litigation. Jurisdiction will be in the
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State of Arizona. Venue will be in the Maricopa County Superior Court, unless the subject
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matter of the dispute involves an Indian Community, then venue shall be in the Federal District
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Court for the State of Arizona. In the event of any litigation or arbitration arising out of this
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Agreement, the substantially prevailing Party in such litigation or arbitration shall be entitled to
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recover its reasonable attorney’s fees, expert witness fees and other reasonable costs of litigation.
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VIII. DURATION AND CANCELLATION OF AGREEMENT
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A. This Agreement shall become effective upon execution by the Parties hereto and filing with
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the appropriate County Recorder and shall remain in effect until June 30, 2030, unless otherwise
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terminated by the terms of this Agreement or operation of law. Failure by one or more Parties to
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execute the Agreement shall not invalidate the Agreement as to those Parties who did so. Any
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Party may withdraw from this Agreement with or without cause by giving thirty calendar days’
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written notice to the other Parties to the Agreement.
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B. This Agreement may be administratively extended by each Party at the direction of the
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applicable legislative body with the recommendation of the chief law enforcement officer for
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each Party on or before the Termination date for a period of an additional five years by notifying
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the other Parties in writing. Any Party which fails to do so by the termination date listed above
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shall no longer be a Party to the Agreement.
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IX. CANCELLATION PROVISIONS PURSUANT TO A.R.S §38-511
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The Parties reserve all rights that each may have to cancel this Agreement for possible conflicts
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of interest under A.R.S. § 38-511, as amended.
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X. MULTIPLE COUNTERPARTS
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This Agreement may be executed in multiple counterparts, each of which shall be deemed an
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original, but all of which together shall constitute one and the same instrument. Neither a
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signature for every Party nor a signature line shall be required in each counterpart except that on
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a counterpart being brought forward by a Party to its legislative body or equivalent for approval,
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that particular counterpart shall have to be signed and executed in accordance with that Party’s
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practice. The signature pages from one or more counterparts may be removed from such
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counterparts and such signature pages all attached to a single instrument so that the signatures of
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all Parties may be physically attached to a single document.
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XI. WORKER’S COMPENSATION
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Pursuant to A.R.S. §23-1022(D), for the purposes of worker’s compensation coverage,
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an employee of a public agency, as defined in section 11-951, who works under the jurisdiction
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or control of or within the jurisdictional boundaries of another public agency pursuant to a
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specific intergovernmental agreement or contract entered into between the public agencies as
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provided in section 11-952, is deemed to be an employee of both public agencies for the
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purposes of this section. The primary employer shall be solely liable for the payment of workers'
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compensation benefits for the purposes of this section.
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XII. OTHER PROVISIONS
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A. In the event that any provision of this Agreement shall be held invalid or unenforceable by
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any court of competent jurisdiction, such holding shall not affect the validity or enforceability of
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any other provision hereof.
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B. This Agreement contains the entire understanding between the Parties with respect to the
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subjects hereof and supersedes all prior negotiations and agreements. This Agreement may be
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amended only by an instrument in writing and signed by all the participating Parties. The waiver
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of any breach of this Agreement shall not be deemed to amend this Agreement and shall not
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constitute waiver of any other subsequent breach. Headings are for convenience and shall not
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affect interpretation.
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C. This Agreement shall be recorded with the appropriate County Recorder as described above
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upon its execution and a copy shall be forwarded to each Party.
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D. Nothing within this Agreement shall be construed to limit the ability of participating Arizona
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Child Abduction Response Team members to individually and outside of this Agreement, or as
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otherwise allowed for by law, provide, such assistance in any enforcement action as may be
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lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or
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matter under consideration.
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XIII. COMPLIANCE WITH E-VERIFY PROGRAM
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A. To the extent provisions of A.R.S. §41-4401 are applicable, all Parties warrant to each Party
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that they will comply with all Federal Immigration laws and regulations that relate to their
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employees and that each now complies with the E-Verify Program under A.R.S. §23-214(A).
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B. A breach of this warranty will be considered a material breach of this Agreement and may
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subject the breaching party to penalties up to and including termination of this Agreement.
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C. All of the Parties retain the legal right to inspect the papers of any employee who works
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pursuant to this Agreement or any related subcontract to ensure compliance with the warranty
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given above.
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D. Any Party may conduct a random verification of the employment records of any other Party
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to ensure compliance with this warranty.
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E. A Party will not be considered in material breach of this Agreement if it establishes that it has
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complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b)
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of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by
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A.R.S. §23-214(A).
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F. The provisions of this Article must be included in any contract either Party enters into with
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any and all of its contractors or subcontractors who provide services under this Agreement.
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XIV. NOTICES
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Any notice required to be given under this Agreement will be provided to all Parties to this
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Agreement. Each party to this agreement shall receive notice to the Chief of Police and to City
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or Town Attorneys for that jurisdiction.
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IN WITNESS WHEREOF, the Party named below has executed this Agreement on
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___________.
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(City of El Mirage)
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By:
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(Alexis Hermosillo)
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(Mayor)
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ATTEST:
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(Sharon Antes)
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(City Clerk)
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APPROVED AS TO FORM:
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_________________________
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INTERGOVERNMENTAL AGREEMENT DETERMINATION
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In accordance with A.R.S. §11-952, this Agreement has been reviewed by the
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undersigned who determined that this Agreement is in appropriate form and is within the powers
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and authority of the respective parties.
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(City of El Mirage)
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By:
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(Insert Reviewing Attorney’s Name)
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(Insert Title)
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Date:
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