Intergovernmental Agreement with the City of El Mirage

INTERGOVERNMENTAL AGREEMENT
FOR PARTICIPATION ON THE GLENDALE POLICE DEPARTMENT
SPECIAL WEAPONS AND TACTICS (SWAT) TEAM

This Intergovernmental Agreement (“Agreement’ or “|GA”) is entered into by and between
the municipal corporations of the City of Glendale and the City of El Mirage 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”.

|. RECITALS

WHEREAS, the Parties are authorized and empowered by A.R.S. Sections 11-951 et.
seq. and A.R.S. Section 13-3872, 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, itis the desire of the Parties and Agencies to work together for mutual benefit
of the public; 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:

It. PURPOSE

The purpose of this Agreement is to allow members of the El Mirage Police
Department to participate as Special Weapons and Tactics (SWAT) Team Operators
with the Glendale Police Department SWAT Team. This includes participation in all
activations and training.

I. ACTIVATION, DEPLOYMENT, AND RESOURCES
The Glendale Police Department SWAT Team consists of (23) Glendale Police Officers

and (1) El Mirage Police Officer, along with (4) Glendale Police Sergeants. The SWAT
Team (“Members”) report to the Glendale Police Department Emergency Response Unit

Lieutenant (“Leader”). The Leader shall be responsible for the deployment of the SWAT
Team to respond to high-risk operations, that include, but are not limited to, Hostage
Rescue, Barricaded Suspects, Search Warrants, Mega Events (with security needs), and
other operations where deterrence, high-risk mitigation, or quick reaction force is
necessary. All Members are required to respond, based on the normal operating
standards, to support the Leader's activation of the SWAT Team to accomplish the
designated operation. The Leader may delegate certain tasks to members based on the
operational needs.

Either Agency to the Agreement may request activation or deployment of the SWAT
Team. It shall be the responsibility of the Agency requesting activation to contact the
assigned Leader, or the designated on-call SWAT Sergeant, via the assigned cellular
phones.

The Agency that has jurisdiction over the incident or investigation will retain overall
incident command. However, the SWAT Leader has the responsibility for making the final
approval when implementing tactical plans, using specific equipment/resources, and
whether the request for activation meets the standards for deployment.

The SWAT Leader and the designated SWAT Sergeants are responsible for planning and
scheduling monthly/annual training. The SWAT Members are responsible for attending
the training as it is scheduled.

lV. 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, specialty pay, overtime compensation,
benefits, vehicles, medical requirements, equipment (individual, operational, training),
etc. In no event shall any Party charge the other for any fee for any work performed
pursuant to this Agreement.

Vv. 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.

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. 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 §38-611

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. 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.

Xl. 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 shail 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 SWAT
Team 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.

XI. 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.
Xl. NOTICES

Any notice required to be given under this Agreement will be provided to all Parties to this
Agreement.

[SIGNATURES ON FOLLOWING PAGE]

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

Lb dayof_ Aease , 2024.

ATTEST:

Ahaton Antes

City Clerk

APPROVED AS TO FORM:

CUBR aw Kar
Justin Pierce ~~) ,
City Attorney

Reviewed By: fick [Mess/ocoa

CITY OF EL MIRAGE, an Arizona
municipal corporation

By.
tystayches
City Manager

Paul Marzocca
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: ALE L Cor
ustin Pierce

City Attorney

Date: 4/I6 [24

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

day of , 2024.
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: Ch: Kitepsie
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: