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HomeMy WebLinkAboutRES 26-33 RESOLUTION NO. 26-33 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION POLICE DEPARTMENT TO ENTER AN INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY CHILD ABDUCTION RESPONSE TEAM. WHEREAS, the East Valley law enforcement agencies ("Agencies") desire to join together in a multi-jurisdictional effort for allocating resources to address missing/endangered children cases; and WHEREAS, the multi-agency effort will be known collectively as the Arizona Children Abduction Response Team ("AZCART") ; and WHEREAS, the undersigned agencies have the authority to enter into agreements for joint cooperation and assistance for this goal pursuant to A. R. S . §§ 11-951, et seq. and 13-3872; and WHEREAS, participation in AZCART will enhance mutual aid efforts in the form of law enforcement services and resources to respond to continuing, multi-jurisdictional criminal child abduction/endangerment activity; and WHEREAS, this agreement does not supersede or take the place of any other agreement entered into by the various members of the AZCART and those agreements shall remain in full force and effect . NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RESOLVE AS FOLLOWS: 1) The mayor is authorized to sign the agreement similar in form to Attachment A. 2) The police chief or his designee is authorized to take whatever steps are necessary to participate in AZCART. PASSED AND ADOPTED BY THE MAYOR AND CITY CO NC IL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OFu , 2026. SIGNED AND ATTESTED TO THIS L1 DAY OF jf5� 2026. WALTER "CHIP" WILSON Mayor RESOLUTION NO. 26-33 PAGE 1 OF 2 S ATTEST: ETTE MCKINNEY ity Clerk APPROVED AS TO FORM: ,�:*, 7- 2- 2-6 RICHARD J. STERN City Attorney RESOLUTION NO. 26-33 PAGE 2 OF 2 ATTACHMENT A S 1 INTERGOVERNMENTAL AGREEMENT 2 FOR THE CREATION OF AND PARTICIPATION IN THE 3 ARIZONA CHILD ABDUCTION RESPONSE TEAM 4 5 This Agreement is entered into by the "public agencies," as defined in A.R.S. § 11-951, that have 6 executed and recorded this Agreement in accordance with the law, and as set forth in Section 1 7 (each, a "Party," and collectively, the "Parties"). 8 9 1. PARTICIPATING PUBLIC AGENCIES. 10 11 A. The Parties to this Agreement are subject to change as additional public agencies 12 are invited to join,and as others withdraw. In either event, the State Coordinating Agency (defined 13 below) will distribute an updated Party list to all Parties. 14 15 B. Each Party shall provide a copy of its fully executed Agreement to the AZCART 16 State Coordinating Agency for distribution to every other Party. 17 18 2. PURPOSE. 19 20 A. The purpose of this Agreement is to establish the Arizona Child Abduction 21 Response Team (AZCART), the primary goal of which is to provide a pool of specialized 22 investigators available to dedicate intensive investigative,preventive,and general law enforcement 23 efforts, primarily focused on cases involving abducted and at-risk missing children. Parties may 24 request and render law enforcement assistance to each other to address serious violations of law, 25 including, but not limited to,the investigation,arrest,and prosecution of those involved in criminal 26 child kidnapping, abduction, false imprisonment, and similar or related violations (utilizing state 27 and federal law and prosecutions, and forfeitures, as appropriate), and the rescue of the abducted 28 child or children. 29 30 B. The geographical jurisdiction of each Party relative to one another makes it 31 beneficial to enter into this Agreement, enabling the exchange of mutual aid through law 32 enforcement services and resources, and facilitating responses to ongoing multi jurisdictional 33 criminal activities. 34 35 3. AUTHORITY. 36 37 A. The Parties are authorized and empowered to enter into this Agreement pursuant to 38 A.R.S. §§ 11-95 1 et seq. and 13-3872, and their respective governing authorities. 39 40 B. If any tribal community requests AZCART assistance, consideration should be 41 given to granting tribal peace officer authority to all assisting Parties for the duration of the 42 Activation (defined below) within the applicable tribal jurisdiction if and when required. 43 s 64829984 1 1 4. TERM. 2 3 A. I his Agreement shall become effective upon execution by the Parties and filing 4 with the appropriate County Recorder and shall remain in effect until June 30, 2030, unless 5 otherwise terminated by the terms of this Agreement or operation of law. Failure by one or more 6 Parties to execute this Agreement shall not invalidate it as to those Parties who did execute this 7 Agreement. Any Party may withdraw from this Agreement with or without cause by giving thirty 8 calendar days' written notice to the other Parties. 9 10 B. This Agreement may be administratively extended by each Party at the direction of I 1 their respective chief law enforcement officer and as authorized by their respective governing 12 bodies, on or before the termination date, for an additional five-year period by notifying the other 13 Parties in writing.Any Party which fails to do so by the termination date shall no longer be a Party 14 to the Agreement. 15 16 5. STEERING COMMITTEE; COORDINATING AGENCIES. 17 18 A. Steering Committee. 19 20 (1) A steering committee is hereby established, and each Party shall have the 21 right to appoint a representative to it (the "Steering Committee"). 22 23 (2) The Steering Committee is led by the current State Coordinating Agency 24 (defined below)and is tasked with meeting quarterly, either in person or virtually, at the discretion 25 of the State Coordinating Agency, to discuss AZCART-related issues, gather feedback on current 26 and past Activations, prepare quarterly training for Parties, and seek and select appropriate 27 agencies for rotation as Branch Coordinating Agencies. 28 29 (3) The Steering Committee shall select, subject to final approval of the Parties' 30 chief law enforcement officers, one lead coordinating agency (the "State Coordinating Agency"), 31 and two branch (Northern and Southern) coordinating agencies (respectively, the "Northern 32 Branch Coordinating Agency"and the"Southern Branch Coordinating Agency"), each selected on 33 a rotating basis for a term of at least one year, which shall correspond with the effective date of 34 this Agreement. 35 36 (4) If multiple Parties wish to become a Branch Coordinating Agency, the 37 Steering Committee shall determine the outcome by majority vote during its designated fourth 38 quarter meeting, with the current State Coordinating Agency serving as the tiebreaker if needed. 39 40 (5) If all replacement Branch Coordinating Agencies are not identified by the 41 fourth quarter meeting, the current Coordinating Agency may choose to stay in place on a month- 42 to-month basis until a replacement agency is found. 43 S 6482998,4 2 1 (6) 1f a Branch Coordinating Agency cannot be determined, then the Activation 2 responsibilities of that Branch will fall back under the State Coordinating Agency until a 3 replacement is found. 4 5 B. Coordinating Agencies; Coordinators. 6 7 (1) Each Coordinating Agency shall select and be led by its own individual 8 Coordinator selected from within the Coordinating Agency. 9 10 (2) If a Coordinator is unable to complete their term due to retirement, 11 resignation, change in primary assignment, promotion, or for any other reason, the Coordinating 12 Agency shall name a replacement Coordinator to fulfill the remainder of the year tenn. 13 14 (3) Coordinators are responsible for coordinating ongoing training, meetings, 15 or other necessary functions in support of AZCART's operational effectiveness. 16 17 (4) The State Coordinator is responsible for mediating any jurisdictional or 18 Activation disputes between the Parties during an Activation. if such mediation fails, the issue 19 shall be brought to the attention of the applicable AZCART chief law enforcement officers or their 20 designees for appropriate resolution. 21 22 C. State Coordinating_Agency. 23 24 (1) The State Coordinating Agency holds primary responsibility for U.S. 25 Department of Justice certification, compliance, and reporting, and for ensuring compliance with 26 intergovernmental agreements within Arizona. 27 28 (2) The State Coordinating Agency also holds primary responsibility for 29 Activations in Maricopa, Yuma, Pinal, La Paz, Gila, Graham, and Greenlee Counties; for handling 30 primary vetting of Activation requests to ensure criteria have been adequately met; and for 31 providing oversight and support to any Northern or Southern Branch Activations. 32 33 D. Branch Coordinating Agencies. 34 T ^ 35 (1) The Northern Branch Coordinating Agency falls under the responsibility 36 and oversight of the State Coordinating Agency and holds primary responsibility for coordinating 37 the response for Activations in Mohave, Coconino, Yavapai, Navajo, and Apache Counties. 38 39 (2) The Southern Branch Coordinating Agency falls under the responsibility 40 and oversight of the State Coordinating Agency and holds primary responsibility for coordinating 41 the response for Activations in Pima, Santa Cruz, and Cochise Counties. 42 6492998.4 3 1 6. ACTIVATION, PROCEDURES,AND RESOURCES. 2 3 A. Any Party or authorized representative may request AZCART "Activation." which 4 can include but is not limited to any of the following: 5 6 (1) A Limited Team (Hasty Team) callout for the purposes of consulting with 7 the primary jurisdiction. 8 9 (2) A branch-only callout for conducting a specific task. 10 11 (3) A Technical Team callout for cell tower analysis, foreign language 12 translation, dedicated forensic interviews, specialized equipment, etc. 13 14 (4) A Full Team callout for neighborhood and roadside canvassing, criminal 15 investigation assistance, lead management assistance, area searches, crime scene management 16 assistance, intelligence gathering, etc. 17 18 B. The Party or its authorized representative requesting Activation must contact the 19 Arizona Department of Public Safety Duty Office (602-223-2212) to connect with the State 20 Coordinator or their designee to vet the Activation request. 21 22 C. The criteria for an Activation include one or more of the following: confirmed or 23 suspected non-family child abduction; confirmed or suspected family or non-custodial parent 24 abduction involving endangerment circumstances; or any other at-risk missing child investigation 25 that requires an immediate response to protect the life or well-being of a child, as determined by 26 the AZCART State Coordinator or their designee. 27 28 (1) Endangerment circumstances are defined as situations in which a child's life 29 or well-being is perceived to be at risk due to violence or health conditions, or when the abducting 30 party poses a potential threat of violence or is expected to otherwise endanger the child. 31 32 (2) At-risk factors can include but are not limited to any of the following: 33 special needs due to a medical diagnosis or diagnosed behavioral condition; life-threatening health 34 issues; medication or drug dependence; being 13 years old or younger (at risk of exploitation); 35 signs consistent with sexual exploitation; or absence inconsistent with established patterns of 36 behavior without explanation. 37 38 D. The Party with legal jurisdiction over the incident or investigation will remain as 39 the lead agency for the duration of a particular Activation, with support from other Parties. 40 41 E. Each Party shall, to the best of its ability, designate at least one sworn law 42 enforcement officer to be available, along with supporting equipment such as vehicles, to support 43 an Activation. 44 S 64829984 4 I F. Each Party shall designate a primary representative to participate in Activations, 2 meetings, trainings, etc., and shall immediately inform the other Parties when such designations 3 change. If a primary representative is not available,or as the situation dictates,a Party may provide 4 officers not normally designated as representatives to support an Activation. 5 6 G. Each Party shall have the sole discretion to determine how many and how long any 7 of its personnel or resources will be assigned in support of an Activation. 8 9 7. COSTS AND REIMBURSEMENT. 10 11 Each Party is responsible for its own costs incurred in implementing this Agreement, including, 12 but not limited to,employee salaries, shift differentials,overtime compensation, benefits, vehicles. 13 and equipment. If any Party receives grant funds designated for the Arizona Child Abduction 14 Response Team, some or all of these expenses may be reimbursed to the Parties. Under no 15 circumstances shall any Party charge the other Parties any administrative fees for work performed 16 under this Agreement. 17 18 S. MISCELLANEOUS. 19 20 A. Independent Authority and Judgment. Nothing within this Agreement shall be 21 construed to limit the ability of the Parties to assist with or otherwise engage in law enforcement 22 activities outside this Agreement. Except as otherwise provided by law, in the performance of this 23 Agreement, the Parties act in their individual governmental capacities and not as agents, 24 employees, or partners of the other Parties. The employees, agents, or subcontractors, of one party 25 shall not be deemed or construed to be the employees, agents, or subcontractors of another Party. 26 At all times relevant to the performance of this Agreement, each Party shall maintain an 27 independent chain of command and exercise its own independent law enforcement judgement. 28 29 B. Non-Discrimination. Parties shall comply with all applicable provisions of state and 30 federal nondiscrimination laws and regulations, including, but not limited to, that all persons, 31 regardless of race, color, religion, sex, age, marital status, sexual orientation, gender identification 32 or expression, genetic characteristics, familial status, national origin or political affiliation, U.S. 33 military veteran status, or disability, shall have equal access to employment opportunities and all 34 other federal and state employment and educational opportunity laws, rules, and regulations, 35 including the Americans with Disabilities Act; provided however, tribal communities are subject 36 to 25 U.S.C. § 450e(c). No Party shall engage in any form of illegal discrimination. 37 38 C. Indemnification. To the extent permitted under applicable laws, each Party (as 39 "Indemnitor") agrees to defend, indemnify, and hold harmless the other Parties (as "Indemnitee") 40 from and against any and all claims, losses, liabilities, costs, or expenses (including reasonable 41 attorney's fees)(collectively,"Claims")arising out of bodily injury of any person(including death) 42 or property damage,but only to the extent that such Claims are caused by negligent act or omission 43 or other fault of the Indemnitor, its officers, officials, agents, employees, or contractors. Failure of 44 a Party to comply with the terms of this Agreement shall not provide the basis for any third-party 45 action against any of the Parties. s 6482998.4 5 1 2 D. Governing Law; Venue. This Agreement shall be governed by the laws of the State 3 of Arizona, and suit pertaining to this Agreement may be brought only in courts in Maricopa 4 County, Arizona, unless the subject matter of the dispute involves a tribal community, in which 5 case venue shall be in the Federal District Court for the State of Arizona. 6 7 E. Disputes. 8 9 (1) The Parties shall make every effort to resolve all disputes arising out of'or 10 relating to this Agreement through arbitration after exhausting applicable administrative review to 11 the extent required by law. 12 13 (2) If any legal action is brought by either Party to enforce any provision of this 14 Agreement, the prevailing Party may recover from the other Party reasonable attorneys' fees and 15 court costs in such amounts as allowed by the court. 16 17 F. Cancellation pursuant to A.R.S 38-511. The Parties reserve all rights that each 18 may have to cancel this Agreement pursuant to A.R.S. § 38-51 1. 19 20 G. Counterparts. This Agreement may be executed simultaneously or in counterparts, 21 each of which constitutes an original, but all of which together constitute one and the same 22 agreement. Neither a signature for every Party nor a signature line shall be required in each 23 counterpart except that on a counterpart being brought forward by a Party to its legislative body or 24 equivalent for approval, that particular counterpart shall have to be signed and executed in 25 accordance with that Party's practice. The signature pages from one or more counterparts may be 26 removed from such counterparts and attached to a single instrument so that the signatures of all 27 Parties may be physically attached to a single document. 28 29 H. Worker's Compensation. Pursuant to A.R.S. § 23-1022(D), for the purposes of' 30 worker's compensation coverage, an employee of a public agency who works under the 31 jurisdiction or control of or within the jurisdictional boundaries of another public agency pursuant 32 to a specific intergovernmental agreement or contract entered into between the public agencies 33 pursuant to A.R.S. § 11-952, is deemed to be an employee of both public agencies for the purposes 34 of this section. The primary employer shall be solely liable for the payment of workers* 35 compensation benefits for the purposes of this section. 36 37 I. Severability. In the event that any provision of this Agreement shall be held invalid 38 or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity 39 or enforceability of any other provision hereof. 40 41 J. Entire Agreement. This Agreement contains the entire understanding between the 42 Parties with respect to the subjects hereof and supersedes all prior negotiations and agreements. 43 This Agreement may be amended only by an instrument in writing and signed by all the 44 participating Parties. The waiver of any breach of this Agreement shall not be deemed to amend 64829984 6 I this Agreement and shall not constitute waiver of any other subsequent breach. Headings are for 2 convenience and shall not affect interpretation. 3 4 K. Recording. This Agreement shall be recorded with the appropriate County Recorder 5 as described above upon its execution, and a copy shall be forwarded to each Party. 6 7 L. E-Veri . To the extent applicable under A.R.S. § 41-4401, each Party warrants 8 compliance with all federal immigration laws and regulations that relate to their employees and 9 their compliance with the E-Verify requirements under A.R.S. § 23-214(A). Failure to comply with 10 such warranty shall be deemed a material breach of this Agreement and may result in the 11 termination of this Agreement. All Parties retain the legal right to inspect the papers of any 12 employee who works pursuant to this Agreement or any related subcontract to ensure compliance 13 with this warranty, and to conduct random verifications of the employment records of any other 14 Party to ensure compliance with this warranty. A Party will not be considered in material breach 15 of this Agreement if it establishes that it has complied with the employment verification provisions 16 prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the 17 E-Verify requirements prescribed by A.R.S. §23-214(A). The provisions of this section must be 18 included in any contract any Party enters into with any contractors or subcontractors who provide 19 services under this Agreement. 20 21 M. Notices. Any notice required to be given under this Agreement will be provided to 22 all Parties, with notice directed to each Party's chief law enforcement and chief legal officers. 23 24 N. Non-Appropriation. Every payment obligation of each of the Parties under this 25 Agreement is conditioned upon the availability of funds appropriated and allocated for the payment 26 of such obligation. If a Party's funds are not appropriated, allocated, and available, or if the 27 appropriation is changed by the legislature or other governing body, resulting in funds no longer 28 being available for the continuance of that Party's participation in this Agreement, that Party may 29 terminate its participation in this Agreement as of the end of the period for which funds are 30 available by providing written notice in advance to the Parties.No liability shall accrue to the Party 31 in question in the event this provision is exercised, and that Party shall not be obligated or liable 32 for any future payments or for any damages as a result of termination under this paragraph. 33 34 O. Compliance with Laws. Each Party shall comply with all laws, rules, and 35 regulations, as applicable, without limitation to those designated within this Agreement. 36 37 P. Provisions Required by Law. Each and every provision of law and any clause 38 required by law to be in this Agreement will be read and enforced as though it were included herein 39 and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, 40 then upon the application of a Party, this Agreement will promptly be physically amended to make 41 such insertion or correction. 42 43 (SIGNATURES FOLLOW) 44 64829984 S 7 I IN WITNESS WHEREOF, the Party named below has executed this Agreement on 2 3 4 5 Party 6 7 Signature 8 9 Name 10 l I Title 12 REVIEWED (Chief LEO): 13 14 15 Signature _ 16 _ 17 Name 18 19 Title 20 21 ATTESTED: 22 23 24 Signature 25 _ 26 Name Y 27 28 Title 29 30 In accordance with A.R.S. § 11-952, this Agreement has been reviewed by the undersigned who 31 determined that this Agreement is in appropriate form and is within the powers and authority of 32 the Party identified above, with no representation as to the power or authority of any other Party: 33 34 35 Signature 36 37 Name 38 39 Title 40 41 64829()x 4 s x IN WITNESS WHERPOF, the I'srt� named below his ezectitcd this Agreement on t -(DflLhi. T u roi n ' tii�n.: ►irk, 9 Varn� 10 11 1 i11e 12 REVIFWFD (Chiert.FA) 13j�� R�SulL1'I�vn 14 Z-J-- 5 Sibnature 16 Ali 17 Name 18 14 Title 20 21 ATI'FSI'E©: 22 23 24 Signature 23 - Nr - ,... 26 Name 27 28 Title try 30 In accordance with A R.S § 11-952, this Agreement has been reviewed by the undersigned who 31 deicnnined that this Agreement is in appropriate Ibrm and is within the powers and authonty of 33 the fart) identified aho%c, wiih no rcpre.cntation a. t) 11 a pw.44r c r atithoriiy of'any other Part 33 34 ..15 Signatnre 6 04C!{A" Ji)61 38 cm ArrY $-d'24 11) 1 ilk 40 41 k Augustine-Lou Hin From: Cindy Ewer Sent: Tuesday August 11 2026 7 24 AM To: Augustine Lou Hing Subject: FW [External] AZCART Attachments: Apache Junction AZCART pdf Sorry to bother again... Does this make sense to you? Cindy From: Patrtrk Beumler<pbeumler@paradisevaIIeyaz.gov> Sent: Monday, August 10, 2026 7:38 AM To:Cindy Ewer<cewer@apachejunctionaz.gov>; Jesse Frantz<jfrantz@apachejunctionaz.gov>; Kelly Ingram <Kingram@paradisevalleyaz gov> Cc:Thomas Parker <tparker@apachejunctionaz.gov>;Joshua Dupont<jdupont@apachejunctionaz.gov> Subject: RE. (External) AZCART Good morning Cindy, Thank you for sending the executed documents. I think there may be a slight misperception regarding the uncompleted signature block on the final page of the IGA. That block is not intended for an AZCART representative to sign. Rather, it is the signature block for the participating agency, with the Party identified above as Apache Junction Police Department, followed by the Mayor's signature, printed name, and title. The separate Attested section would typically be completed by the City Clerk. I would still recommend filling in the Party field as Apache Junction Police Department. For the Mayor and City Clerk sections, there are two options. You can have them complete the signature blocks on th IGA, or, if referencing the preceding Resolution is the preferred option, simply add a reference to the Resolution in those blocks, for example, "See Resolution No 26 33." The preceding Resolution already contains the Mayor's signature and expressly authorizes the Mayor to execute the IGA, and it also contains the City Clerk's attestation. From the AZCART side, there is nothing for AZCART to sign on the agreement. The IGA is the participating agencies' agreement to abide by its terms, and the executed agreement is then provided to the AZCART State Coordinating Agency for distribution to the other parties. So, my recommendation would be Apache Junction Police Department entered as the Party, with either the Mayor and City Clerk completing their respective blocks or, preferably if that were how Apache Junction woulcYlike to handle It, simply referencing Resolution No. 26-33 in those blocks to tie the existing signatures and attestation to the IGA. Thank you,