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INTERGOVERNMENTAL AGREEMENT
FOR THE EAST VALLEY CRITICAL INCIDENT RESPONSE TEAM
This Intergovernmental Agreement (“Agreement”) is entered into this day of
, 2024, by and between the City of Apache Junction (“Apache Junction”), City of
Chandler (“Chandler”), Town of Gilbert (“Gilbert”), City of Mesa (“Mesa”), Town of Paradise
Valley (“Paradise Valley”), Town of Queen Creek (“Queen Creek”), City of Scottsdale
(“Scottsdale”), and the City of Tempe (“Tempe”), all to be referred to herein individually as
“Party” and collectively as “Parties”.
A)
B)
C)
D)
E)
RECITALS:
The Parties are authorized to enter into this Agreement pursuant to Arizona Revised
Statutes (“A.R.S.”) §§ 11-951, ef seq. and 13-3872.
The Parties are located in geographical proximity to one another (“East Valley”)
and share similar public safety responsibilities with respect to criminally
investigating Critical Incidents.
A.R.S. § 41-1762 allows the creation and operation of a regional law enforcement
task force comprised of personnel from multiple police agencies in the East Valley
(“East Valley Critical Incident Response Team” or “EVCIRT”) to provide
mutual aid to perform the criminal investigation of critical force incidents, as
defined therein, which occur in the agencies’ jurisdictions (“Critical Force
Incident’).
The Parties desire to create a regional task force as prescribed in A.R.S. § 41-1762
to perform independent, consistent and thorough criminal investigations of Critical
Force Incidents and, at the written request of a Party’s Chief of Police, investigate
a criminal allegation against a peace officer employed by such Party.
The Parties desire to work in cooperation with one another by providing mutual aid
to further the public interests served by independent, consistent, and thorough
criminal investigations, pursuant to applicable laws, policies, and the terms of this
Agreement.
AGREEMENT:
NOW THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the Parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to create the EVCIRT for the criminal investigation of
Critical Force Incidents within the Parties’ jurisdictions pursuant to A.R.S. § 41-1762, and
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to create a framework for the operation of the EVCIRT.
LEADERSHIP GROUP
The Parties shall establish a working group consisting of one commander or assistant chief
designated by each Party (“Leadership Group”) to oversee the operations of the EVCIRT.
The Leadership Group, by majority vote, shall select a Chairperson of the Leadership
Group. The Chairperson shall designate a scribe, who may or may not be a member of the
Leadership Group, to take notes of ail meetings. The Leadership Group shall create policies
and procedures for the EVCIRT. The Leadership Group may create additional working
groups to help support the Leadership Group’s oversight of the EVCIRT. Any additional
group created by the Leadership Group shall be administered in accordance with the
EVCIRT’s policies and procedures.
AUTHORITY
The Parties shall be authorized to perform criminal investigations of Critical Force
Incidents within each Party’s jurisdiction in accordance with the EVCIRT’s policies and
procedures, Pursuant io A.R.S. § 13-3872, a peace officer acting within the jurisdiction of
another Party pursuant to this Agreement shall have full authority to act as a peace officer
to the same extent as if they were a duly appointed, qualified and acting peace officer of
such Party.
If any Native American tribe becomes a party to this Agreement requests EVCIRT
assistance, all assisting EVCIRT peace officers shall be granted tribal peace officer
authority as necessary within the applicable tribal jurisdiction.
TERM
This Agreement will become effective upon execution by the Parties hereto and shall
remain in effect until July 1, 2034, unless otherwise terminated or renewed as provided
herein. Failure by one (1) or more Parties to execute the Agreement shall not invalidate the
Agreement as to those Parties who did so execute. The term of this Agreement will
automatically renew for all Parties to the Agreement (unless a Party has withdrawn from
participation in the Agreement prior to the effective date of the renewal, pursuant to Section
6) under the same terms and conditions and automatically renew for a two (2) periods of
five (5) years, including any amendments in effect at the time of renewal.
WITHDRAWAL
Any Party may withdraw from this Agreement, with or without cause, by giving thirty (30)
calendar days written notice to the other Parties. Withdrawal from this Agreement by a
Party shall not affect the terms of this Agreement as it pertains to the other Parties. The
effect of a withdrawal on the EVCIRT, including any then-active Critical Force Incident
investigations involving the withdrawing Party, shall be set forth in the EVCIRT’s policies
and procedures.
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6. ADDITIONAL PARTIES
Upon invitation by the Leadership Group, a county, political subdivision of the State of
Arizona, or federally recognized Indian tribe may become a Party to this Agreement
through the approval of this Agreement by its governing body, in accordance with A.R.S.
§ 11-951 et seq., and in accordance with EVCIRT’s policies and procedures. The addition
of any Party after this Agreement becomes effective shall not affect the terms of this
Agreement as it pertains to the other Parties.
7. COSTS AND REIMBURSEMENT
Each Party will be responsible for any and all associated costs incurred by their respective
agency in implementing this Agreement and the conduct of Critical Force Incident
investigations, including: employee salaries; shift differential pay; overtime compensation;
benefits; vehicles; and equipment. In no event will any Party charge or demand payment
from any other Party for work performed pursuant to this Agreement. Notwithstanding any
Party’s law, policies, or procedures, the Leadership Group, through the EVCIRT’s policies
and procedures, may grant Parties the permission to apply for grant funds designated for
or on behalf of the EVCIRT. The distribution of any grant funds received for the EVCIRT
shall be controlled by the terms of the grant, if any, and handled in accordance with the
EVCIRT’s policies and procedures, which may include the reimbursement of costs related
to the EVCIRT for a Party or the Parties.
8. DISPUTE RESOLUTION
In the event of any dispute, claim, question, or disagreement arising from or relating to this
Agreement or the breach thereof, the Parties will use reasonable efforts to settle the dispute,
claim, question, or disagreement. To this end, the Parties will consult and negotiate with
each other in good faith and, recognizing their mutual interests, attempt to reach a just and
equitable solution satisfactory to all Parties. The Parties acknowledge that disputes arising
from this Agreement may be subject to non-binding arbitration in accordance with
applicable state law and court rules.
9. INDEMNIFICATION
To the extent permitted by law, each Party (as “Indemnitor’) agrees to indemnify, defend,
and hold harmless the other Parties (as “Indemnitee”), its departments, agencies, elected
officials, officers, officials, agents, employees, or volunteers from and against any and all
third party claims, losses, liabilities, costs, or expenses (including reasonable attorneys’
fees, experts’ fees, and court costs associated) (hereinafter collectively referred to as a
“Claim(s)”) arising out of actions taken in the performance of this Agreement, to the extent
that such Claims are directly caused by the acts, omissions, negligence, misconduct, or
other fault of the Indemnitor, its departments, agencies, elected officials, officers, officials,
agents, employees, or volunteers. If a third-party Claim becomes subject to the duty to
indemnify, defend, and hold harmless set forth in this Section, then the Indemnitee agrees
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10.
11.
12.
13.
14.
to cooperate with the Indemnitor in the defense of the Claim, at the Indemnitor’s sole cost
and expense, but only to the extent that such Claim is not related to an independent Claim
of the third-party against the Indemnitee that is not subject to this Section. The terms and
conditions of this Section 9 shall survive the expiration or earlier termination of this
Agreement.
GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of Arizona without regard to any
conflict of laws principles. Any proceeding arising out of or relating to this Agreement or
any actions to interpret, enforce, or construe any provision of this Agreement will be
conducted in the Superior Court of the State of Arizona, in and for the County of Maricopa.
Each Party consents to such jurisdiction and waives any objection it may have to venue or
convenience of forum.
WAIVERS
The failure of any Party to insist in any one or more instances on performance of any of
the terms or conditions of this Agreement, or to exercise any right or privilege contained
herein, shall not be considered as thereafter waiving such terms, conditions, rights, or
privileges, which shall remain in full force and effect.
NON-ASSIGNMENT
No Party shall assign its interest, rights, or obligations in this Agreement, in whole or in
part, without the prior written consent of the other Parties. No Party shall assign any monies
due or to become due to it, hereunder, without the prior written consent of the other Parties.
ENTIRE AGREEMENT; AMENDMENTS; COUNTERPARTS
This Agreement, including the Recitals (which are incorporated into this Agreement by
this reference), represents the entire understanding between the Parties and supersedes all
prior negotiations, representations, or agreements, either expressed or implied, written or
oral. It is mutually understood and agreed that no modification or amendment of the terms
and conditions of this Agreement will be valid or binding upon the Parties, unless made in
writing and signed by the Parties. This Agreement may be executed in multiple
counterparts, each of which will be deemed an original, but all of which together shall
constitute one and the same instrument. Electronically transmitted and imaged copy
signatures will be fully binding and effective for all purposes.
RELATIONSHIP OF THE PARTIES
Each Party shall act in its individual capacity and not as an agent, employee, partner, joint
venture, associate, or any other representative capacity of the other Party. Each Party shall
be solely and entirely responsible for its acts or the acts of its agents and employees during
the performance of this Agreement. This Agreement shall not be construed to imply
authority to perform any tasks, or accept any responsibility, of any other Party not expressly
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15.
16.
17.
18.
19.
20.
set forth herein. This Agreement shall be strictly construed against the creation of a duty
or responsibility, unless the intention to do so is clearly and unambiguously set forth herein.
No Party shall be liable for any debts, accounts, obligations, or other liabilities, whatsoever,
of any other Party, including the other Party’s obligation to withhold social security and
income taxes for itself or any of its employees.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement is intended to create duties or obligations to or rights in third
parties who are not a party to this Agreement, or affect the legal liability of any Party to
the Agreement by imposing any standard of care different from the standard of care
imposed by law.
SEVERABILITY
If any part, term, or provision of this Agreement is held unenforceable or in conflict with
any law, the validity of the remaining portions and provisions hereof shall not be affected.
CONFLICTS OF INTEREST
The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of
interest shall apply to this Agreement.
WORKERS’ COMPENSATION
Pursuant to A.R.S. § 23-1022(D), only for the purposes of workers’ compensation
coverage, employees of each Party covered by this Agreement shall be deemed to be an
employee of all Parties. The primary employer shall be solely liable for payment of
workers’ compensation benefits. To the extent applicable by law, each Party shall comply
with the notice of A.R.S. § 23-1022(E).
NON-DISCRIMINATION
To the extent applicable by law, the Parties agree to comply with A.R.S. Title 41, Chapter
9 (Civil Rights), Arizona Executive Order 2009-09 and any other federal, state, or local
laws relating to equal opportunity and non-discrimination, including the Americans with
Disabilities Act. In the performance of this contract, no Party shall discriminate against any
employee, client, or any other individual on the basis of race, color, ethnicity, national
origin, age, disability, religion, sex, sexual orientation, gender identity, veteran's status,
marital status, familial status, or genetic information.
NOTICES
All official notices required or permitted under this Agreement to be given to a Party will
be in writing and will be given by personal delivery against receipt (including private
courier such as FedEx), or certified U.S. Mail, return receipt requested. All notices will be
sent to the addresses below or such other addresses as the Parties may specify in the same
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manner. Notices will be deemed to have been given and received on the date of actual
receipt or on the date receipt was refused. Addresses are as follows:
For Mesa:
For Gilbert:
For Chandler:
For Tempe:
For Scottsdale:
For Queen Creek:
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Chief of Police
P.O. Box 1466
Mesa, Arizona 85211
With a copy to:
Chief of Police
75 E Civie Center Dr
Gilbert, Arizona 85296
With a copy to:
Chief of Police
250 E Chicago St
Chandler, Arizona 85225
With a copy to:
Chief of Police
120 E 5" st
Tempe, Arizona 85281
With a copy to:
Chief of Police
3700 N 75" St
Scottsdale, Arizona 85251
With a copy to:
Chief of Police
20727 Civic Pkwy
Queen Creek, Arizona 85142
Mesa City Attorney
20 E Main St
Mesa, Arizona 85201
Gilbert Public Safety Legal Advisor
75 E Civic Center Drive
Gilbert, Arizona 85296
Chandler City Attorney
250 E Chicago St
Chandler, Arizona 85225
Tempe City Attorney
21 E 6" st
Tempe, Arizona 85281
Scottsdale City Attorney
3939 N Drinkwater Blvd
Scottsdale, Arizona 85251
For Paradise Valley:
For Apache Junction:
With a copy to: Queen Creek Town Attorney
22358 S Ellsworth Rd
Queen Creek, Arizona 85142
Chief of Police
6433 E Lincoln Dr
Paradise Valley, Arizona 85253
With a copy to: Paradise Valley Town Attorney
6401 E Lincoln Dr
Paradise Valley, Arizona 85253
Chief of Police
1001 N Idaho Rd
Apache Junction, Arizona 85119
With a copy to: Apache Junction City Attorney
1001 N Idaho Rd
Apache Junction, Arizona 85219
21. APPLICABLE LAWS
Any provision required by law to be in this Agreement is part of this Agreement as if fully
stated.
22. NO LIMITATION
Nothing within this Agreement shall be construed to limit the ability of the Parties to
provide, or as otherwise allowed for by law, 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.
(SIGNATURES ON THE FOLLOWING PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their duly authorized representatives on the respective dates entered below.
CITY OF CHANDLER, an Arizona municipal corporation
By:
Mayor
ATTEST:
City Clerk
In accordance with A.R.S. § 11-952, this contract has been reviewed by the undersigned who have
determined that this contract is in appropriate form and within the powers and authority granted to
the aforementioned municipality, without any representation as to the power or authority of any
other Party.
City Attorney Ep Ww
City of Chandler
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