2026.06.04 IGA GIITEM.PDF

DPS CONTRACT NO: __ 2026-027

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
Tempe 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

Agency agrees to assign one (1) AZPOST certified sworn law enforcement ("officer") 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 officers 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 are
defined 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 accrues
but is not used will not be reimbursed.

Overtime compensation will be for GIITEM-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 during
the 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.

Ill. AGENCY'S RESPONSIBILITIES

Prior to the officer(s) commencing work at DPS/GIITEM, 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 2023-01.

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 GIITEM for failure to comply with the program or failure to pass DPS drug
screening requirements.

VIH. 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.

Page 2 of 4
April 2026

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, 2027. The IGA shall renew annually on July 1 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.

XVII. NOTICE
Any notice required to be given under the IGA will be provided by mail to:

GIITEM Commander Chief of Police
Arizona Department of Public Safety 120 East 5th Street
P.O. Box 6638, Mail Drop 3700 Tempe, AZ 85281

Phoenix, AZ 85005

Page 3 of 4
April 2026

IX. 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.

Chief Kenneth McCoy

Date: 4 LOA 6 Date:
APPROVED AS TO FORM APPROVED AS TO FORM
Assistant Attorney General City/County Attorney

Page 4 of 4

April 2026

ARIZONA DEPARTMENT OF PUBLIC SAFETY

INTEROFFICE MEMORANDUM

DATE: April 9, 2026

TO: Lt. Colonel Deston Coleman, Jr., Deputy Director

FROM: Lt. Colonel Jason Leonard, Assistant Director, Criminal Investigations Division Y
SUBJECT: DPS CONTRACT NO 2026-027

FOR: LJ Action [J Decision XX] Information XX] Signature

Attached for your review and signature is an Intergovernmental Agreement (IGA) between the
Arizona Department of Public Safety (AZDPS) and the Tempe Police Department. The purpose
of this IGA is the Tempe Police Department agrees to assign one AZPOST certified sworn
officer to AZDPS GIITEM on a full-time basis.

Once reviewed and signed, please return to Ms. Maria Masquat in the Criminal Investigations
Division for further processing.