HomeMy WebLinkAboutRES 13-29RESOLUTION NO. 13-29
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY GANG
AND CRIMINAL INFORMATION FUSION CENTER.
WHERAS,the East Valley Gang and Criminal Information law
enforcement information sharing program (the "Fusion Center")
was created to enhance law enforcement services related to the
collection,evaluation,analysis and dissemination of
intelligence regarding criminal street gangs and related
criminal incidents through the cooperative efforts of
participating entities; and
WHEREAS,in 2009,through an Intergovernmental Agreement
("IGA"), the Fusion Center was created with the following local
police agencies:Mesa,Tempe,Gilbert,Chandler and Scottsdale
(the "participating agencies"); and
WHEREAS,since 2009,as per the IGA,each participating
agency dedicated a law enforcement officer or a non -sworn
employee to the Fusion Center team on a full-time basis for a
minimum period of one year; and
WHEREAS,in 2009,the City of Apache Junction Police
Department was invited to join the Fusion Center and did so by
providing staff resources but did not join in the IGA; and
WHEREAS, it is the intention of the City of Apache Junction
Police Department to now finalize its legal relationship with
the Fusion Center by entering into an Intergovernmental
Agreement with the participating agencies; and
WHEREAS,pursuant to A.R.S.§11-952(A),public entities
may enter into intergovernmental agreements with other
municipalities and governmental entities for joint O r
cooperative activities; and
WHEREAS, a proposed amendment to the 2009 IGA set forth in
Attachment A has been developed to allow the City of Apache
Junction to formally join the Fusion Center.
RESOLUTION NO. 13-29
PAGE 1 OF 2
WHEREAS,to fully implement the City of Apache Junction's
authority in the Fusion center, the Coplink Information Sharing
System Memorandum of Understanding set forth in Attachment B
needs to be executed by the police chief.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1)The Council hereby approves, and the Mayor is authorized to
execute Amendment #1 to the East Valley Gang and Criminal
Information Center Intergovernmental Agreement ("Attachment
A"),and the Police Chief is authorized to execute the
Memorandum of Understanding regarding access to Mesa Police
Department's Law Enforcement Coplink Information Sharing
System ("Attachment B").
2)The Chief of Police is also authorized to participate in
and designate staff to fulfill all the duties of the Fusion
Center.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS lATH DAY OF JERI/, 2013.
SIGNED AND ATTESTED TO THISMTH DAY OF JULY , 2013.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-29
PAGE 2 OF 2
ATTACHMENT A
AMENDMENT #1 TO THE EAST VALLEY GANG AND CRIMINAL INFORMATION
FUSION CENTER INTERGOVERNMENTAL AGREEMENT
RECITALS
WHEREAS, the Members Agencies ("Parties") of the East Valley Gang and
Criminal Information Fusion Center ("Fusion Center") wish to amend the Fusion
Center Intergovernmental Agreement ("Agreement"); and
WHEREAS,the Parties are authorized and empowered to enter into this
Amendment pursuant to A.R.S. §§11-951 et seq.,A.R.S. §13-3872 and the respective
provisions of their City Charters, Tribal Constitutions or other governing authority;
NOW,THEREFORE,in consideration of the mutual covenants and promises
contained in this Agreement and other good and valuable consideration, the Parties agree
as follows:
TERMS
1.This Amendment shall be effective upon approval of the governing body or authority of
the Parties in conformance with A.R.S. §§11-951 et seq.and provision of an original
copy of each of the authorizing documents to the Mesa Police Department ("MPD").
2.The above recitals are incorporated by this reference.
3.All the original terms and clauses of the Agreement remain in effect except as modified
herein.
4.The following sections or provisions replace and supersede the following sections or
provisions of the Agreement as follows:
4.1 The introductory paragraph that begins with the words "This Agreement is
entered" and ends with the words "not filed with the Secretary of State" and Section
II., Authority, are replaced in their entirety by the following:
II. Parties, Manner of Execution and Authority
(A)This Agreement is entered into among the City of Mesa, on behalf of the
Mesa Police Department ("MPD"), other Parties to the Agreement which are those
public agencies who became Parties to the Agreement prior to Amendment #1 and
any additional public agencies as that term is defined in Arizona Revised Statutes §
11-951, that, after invitation by the MPD, comply with the provisions of A.R.S. §11-
952, and provide an original copy to MPD approved by the agency's governing body
or authority for those public agencies. Any additional public agencies shall become a
Party to this Agreement as of the date, MPD receives the authorizing document.
(B)This Agreement or any Amendments may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. Neither a signature for every party nor
a signature line shall be required in each counterpart except that on a counterpart
being brought forward by an agency to its legislative body or equivalent for approval,
that particular counterpart shall have to be signed and executed in accordance with
that jurisdiction's practice only by the particular agency seeking approval.
(C)The Parties are authorized and empowered to enter into this Agreement
pursuant to A.R.S. §§11-951 et seq.,A.R.S. §13-3872 and the respective provisions
of their City Charters, Tribal Constitutions or other governing authority.
(D)This Agreement supercedes any previous Agreement concerning the Fusion
Center whether filed or not filed with the Secretary of State.
4.2 Section III., Participation, is replaced in its entirety with the following:
Ill. Participation
(A)The Parties agree to assign a law enforcement officer or non -sworn employee
to the East Valley Gang and Criminal Information Fusion Center ("Fusion Center") on
a full-time basis for such assignments within the purposes of this Agreement. The
officer(s) or non -sworn personnel shall remain on assignment to the Fusion Center
for a minimum period of one (1) year unless otherwise agreed to by the Parties.
(B)During the period of assignment to the Fusion Center, assigned officer(s) and
non -sworn personnel shall maintain all benefits, rights and privileges available to
said officer(s) or non -sworn personnel as if they were assigned on a fulltime basis to
their parent agency. The assigned officer(s) or non -sworn personnel will abide by all
policies and applicable rules and regulations concerning the Fusion Center. All
Parties agree that all assigned personnel shall comply with Title 28 of the Code of
Federal Regulations, Part 23.
(C)Certain Parties to this Agreement may join as associate members upon
approval of the Fusion Center Executive Team.An associate member shall
participate by providing resources as it deems necessary and appropriate but does
not assign an employee on a full-time basis to the Fusion Center.
4.3 Section VII., Management of the East Valley Gang Information & Criminal
Information Fusion Center, is replaced in its entirety with the following:
VII. Management of the East Valley Gang Information
And Criminal Information Fusion Center
(A)The management of the day-to-day operation of the Fusion Center shall be
the responsibility of MPD.
(B)The promulgation of policy and oversight of the operation of the Fusion
Center shall be the responsibility of the Fusion Center Executive Team,the
members of which shall be the chief law enforcement officer for each original
participating agency, or designee.
(C)Additional agencies may be invited to join the Fusion Center. The Executive
Team may invite the chief law enforcement officer of a new participating agency to
be a member of the Executive Team.Chiefs of associate members to this
Agreement shall not be eligible to be members of the Executive Team.
(D)The Executive Team may determine that in order to enhance the mission and
effectiveness of the Fusion Center that there be connectivity and sharing of
information with other similar regional, state and/or federal Fusion Centers or other
law enforcement systems.
(E)Once a determination has been made pursuant to Subsection D above, the
Parties authorize the MPD Chief or designee to negotiate and enter into any
necessary agreements and/or documents to connect to and share information with
other similar state and/or federal Fusion Centers or other law enforcement systems
with the following conditions:
1.That any such agreements contain the necessary safeguards to insure
the integrity and security of information maintained at the East Valley
Gang Information and Criminal Information Fusion Center.
2.That no such agreement require the Parties to indemnify another
Fusion Center except that an agreement negotiated by the MPD Chief
or designee may include substantially similar indemnification language
found under Section IX of this Agreement.
3.That no such agreement shall require the Parties of this Agreement to
dedicate any funds in support of that agreement without the prior
written approval of the impacted Party.
4.That no term of any such agreement be in conflict with any provision of
this Agreement.
5.That the agreements be solely for the purpose of connecting to and
sharing information with other Fusion Centers or law enforcement
systems.
4.4 Section XIV.,Other Provisions,is hereby modified by deleting the last
paragraph of the section which starts with the words "This Agreement shall be" and
ends with the words "Chief of Police of the Mesa Police Department."
5.The following sections are added to the Agreement:
XVI. Compliance with the &VERIFY Program
(A)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).
(B)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.
(C)All of the Parties retain the legal right to inspect the papers of any employee
who works pursuant to this Agreement or any related subcontract to ensure
compliance with the warranty given above.
(D)Any Party may conduct a random verification of the employment records of
any other Party to ensure compliance with this warranty.
(E)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).
(F)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.
XVII. Prohibition of Doing Business with Sudan and Iran
27. Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, each Party certifies that it
does not have a scrutinized business operation, as defined in A.R.S. §§ 35-391
and 35-393, in either Sudan or Iran.
6.This Amendment may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
Neither a signature for every party nor a signature line shall be required in each counterpart
except that on a counterpart being brought forward by an agency to its legislative body or
equivalent for approval, that particular counterpart shall have to be signed and executed in
accordance with that jurisdiction's practice only by the particular agency seeking approval.
IN WITNESS WHEREOF, the Party named below has executed this Agreement on
CITY OF APACHE JUNCTION, ARIZONA, an Arizona
municipal corporation
By:John S. Insalaco
Its:Mayor
ATTEST:
By:
Kathy Connelly, City Clerk
APPROVED AS TO FORM:
City Attorney
Reviewed By:
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.
City of Apache Junction
By:
City Attorney
Date:
ATTACHMENT B
MEMORANDUM OF UNDERSTANDING BETWEEN THE MESA POLICE
DEPARTMENT AND THE APACHE JUNCTION POLICE DEPARTMENT REGARDING
ACCESS TO THE MESA POLICE DEPARTMENTS LAW ENFORCEMENT COPLINK
INFORMATION SHARING SYSTEM
The East Valley Gang & Criminal Information Fusion Center, located at the Mesa Police
Department (MPD) was created through and an Intergovernmental Agreement,No. 30735
Filed with the Secretary of State April 8, 2009. The purpose of this Agreement is to
enhance Maricopa County East Valley law enforcement services concerning the collection,
evaluation,analysis,dissemination of intelligence and intelligence products regarding
criminal street gangs and criminal related incidents through the cooperative efforts of
Member Agencies ("Parties") to the agreement.
In addition,the Members Agencies ("Parties") of the East Valley Gang and Criminal
Information Fusion Center amended the East Valley Gang and Criminal Information
Fusion Center Intergovernmental Agreement (Amendment #1, Contract Number
2009 -021 -COS -A1)to allow additional agencies to join as associate members
("Associate Parties") upon approval of the Fusion Center Executive Team.
In accordance and in compliance with the above referenced agreement,the Parties
and Associate Parties enter into this Memorandum of Understanding to outline their
responsibilities with respect to the use of the COPLINK information sharing system as
follows:
1.On July 1 of each year this agreement is in effect, the Parties and Associate Parties
will receive an invoice and pay MPD for the use of COPLINK.The Fee will be based
on the required hardware, software,and resources necessary to support the COPLINK
system.
2.MPD will calculate the fee June 1 of each year. The fee will be based on the
percentage of sworn officers at each Party Agency against the total number of sworn
officers across all Parties (Members and Associates).
3.MPD will calculate the cost based on a breakeven formula for hardware, software,
and resource services.
4.All participating agencies will report their total number of sworn officers in May.
5.The Agency shall mail the fee and a copy of the invoice to the Police Budget
Coordinator at the Mesa Police Department: P.O. Box 1466,
130 N. Robson, Mesa, Arizona 85201.
6.This agreement is effective when signed and is self -renewing upon the payment of
the required fee on or about July 1st of each year except that it is subject to any of
the cancellation provisions provided for in the underlying intergovernmental
agreement.
7.Both Parties and their employees are subject to the terms and conditions of
the underlying intergovernmental agreement.
IN WITNESS WHEREOF, the Party named below has executed this Agreement on
Chief of Police