Agreement - WV Mobile Field Force Response Team

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 ef. 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.

Il. 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.

lil. 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 deployment.

IV. COSTS AND ANY REIMBURSEMENT

The Parties will be responsible for any and all associated costs accrued in implementing
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 administrative
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.

Vil. 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.

Vill. 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.

Xl. 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.

Xill. 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.

IN WITNESS WHEREOF, the Party named below has executed this Agreement on this

day of , 2021.
CITY OF GLENDALE, an Arizona municipal
corporation
By:
Kevin R. Phelps
City Manager
ATTEST:

Julie K. Bower
City Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

Reviewed By: Chrd LG, tyggt
Chris Briggs

Chief of Police

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:
Michael D. Bailey
City Attorney

Date: