Agreement

DPS Contract #

AGREEMENT REGARDING
FENTANYL PROSECUTION, DIVERSION AND TESTING

This Agreement is entered into between the State of Arizona through the Department of Public
Safety, hereinafter referred to as “DPS”, and the City of Chandler through the Chandler Police
Department, hereinafter referred to as “CPD”.

The purpose of this Agreement shall be to enhance law enforcement services concerning
criminal activities associated with the investigation, testing, and prosecution or diversion of
crimes involving A.R.S. §13-3408 through the cooperative efforts of the parties to this
Agreement.

DPS is authorized and empowered to enter into this Agreement pursuant to A.R.S. §41-1713 B.3.
Both parties are authorized and empowered to enter into this Agreement pursuant to A.R.S. §11-
952.

Now, in consideration of the mutual promises set forth herein, the parties to this Agreement
hereby agree to the following terms and conditions:

I. PARTICIPATION

This agreement provides Fiscal Year 2024 (July 1, 2023, through June 30, 2024) Fentanyl
Prosecution, Diversion and Testing funding up to $152,527 for the purchase of four (4) handheld
drug analyzers for the use of testing for fentanyl.

Quarterly, the CPD will report statistical activity and progress for agreed upon performance
measures (see attached Addendum #1), Additionally, ongoing information exchange and
intelligence sharing will occur between CPD and DPS.

Il. REIMBURSEMENT
DPS agrees to reimburse CPD for the purchase of four (4) handheld drug analyzers at a cost of
up to $152,527 to be used for the testing and identification of fentanyl.

Evidence of expenditures shall be provided by June 30 or as soon as practicable, for the fiscal
year just ended. Quarterly statistical reports shall be provided on the same schedule as the
expenditure information.

IH. NON-AVAILABILITY OF FUNDS

Every payment obligation of the State 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, this Agreement may be terminated by the
State at the end of the period for which funds are available. No liability shall accrue to the State
in the event this provision is exercised, and the State shall not be obligated or liable for any
future payments or for any damages because of termination under this paragraph.

IV. NON-DISCRIMINATION

The Parties shall comply with Executive Order 2023-001, which mandates that all persons,
regardless of race, color, religion, sex, age national origin or political affiliation, shall have equal
access to employment opportunities, and all other applicable State and Federal employment laws,

Agreement — Fentanyl Prosecution, Diversion and Testing
Arizona Department of Public Safety/AGENCY/ DPS Contract #.

rules, and regulations, including the Americans with Disabilities Act. The Parties shall take
affirmative action to ensure that applicants for employment and employees are not discriminated
against due to race, creed, color, religion, sex, national origin or disability.

V. 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 indemmitor, its officers, agents, employees, or
volunteers.

VI. RECORDKEEPING
All records regarding the Agreement, including officers’ time accounting logs, must be retained

for five (5) years in compliance with A.R.S. §35-214, entitled Inspection and Audit of Contract
Provisions.

Vil. FEES
In no event shall either party charge the other for any administrative fees for any work performed
pursuant to the Agreement.

VII. ARBITRATION

The parties to this agreement agree to resolve all disputes arising out of or relating to this
agreement through arbitration, after exhausting applicable administrative review, to the extent
required by A.R.S. § 12-1518 except as may be required by other applicable statutes.

IX. EFFECTIVE DATE/DURATION

The terms of this agreement shall become effective upon the date the last signature is obtained,
shall be retroactive to July 1, 2023, and shall expire on June 30, 2024. If funds are not allocated
to support this agreement, DPS will provide written notice to CPD notifying them of termination
of funding and cancellation of the Agreement.

X. CANCELLATION
All parties are hereby put on notice that this Agreement is subject to cancellation by the
Governor for conflicts of interest pursuant to A.R.S. §38-511.

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Agreement — Fentanyl Prosecution, Diversion and Testing
Arizona Department of Public Safety/AGENCY/ DPS Contract #

XI. TERMINATION

Either party may terminate the Agreement for convenience or cause upon thirty (30) days written
notice to the other party. Upon termination, DPS shail pay all outstanding amounts up through
the time upon which the termination becomes effective. All property shall be returned to the
owning party upon termination.

Any notice required to be given under the Agreement will be provided by mail to:

Phil L. Case, Budget Officer Bryan Chapman, Chief of Police
Arizona Department of Public Safety Chandler Police Department

P. O. Box 6638, Mail Drop 1330 250 E. Chicago St.

Phoenix, Arizona 85005-6638 Chandler, AZ 85225

XI. 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 Agreement to be executed by the proper officers and
officials.

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Agreement — Fentanyl Prosecution, Diversion and Testing
Arizona Department of Public Safety/AGENCY/ DPS Contract #

STATE OF ARIZONA

By: Date:
Jeffrey Glover, Colonel
Director

CITY OF CHANDLER

By: Date:
Mayor

ATTEST:

By: Date:
City Clerk

APPROVED AS TO FORM:

City Attorney EP W

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Agreement — Fentanyl Prosecution, Diversion and Testing
Arizona Department of Public Safety’AGENCY/ DPS Contract #

(ADDENDUM #1)
PERFORMANCE MEASURES
CHANDLER POLICE DEPARTMENT
FENTANYL PROSECUTION, DIVERSION AND TESTING

The quarterly statistics required by section II are:

STATISTICS Fiscal Year- | Prior Quarter | Current
to-Date Quarter

Currency ($’s)

Prohibited Possessors (#)

Fentanyl (ibs.)

Unknown/Other Drugs (Lbs.)

Seized Weapons (#)

Stolen Vehicles (#)

Felony Arrests (#)

Misdemeanor Arrests (#)

The above statistics shall pertain to work produced by the resources provided by this
Agreement.

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