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HomeMy WebLinkAboutRES 14-38RESOLUTION NO. 14-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AMENDMENT #2 TO THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER INTERGOVERNMENTAL AGREEMENT. WHEREAS,in 2009,the East Valley Gang and Criminal Information law enforcement information sharing program (the "Fusion Center")was originally created (through an Intergovernmental Agreement ("IGA") between Mesa, Tempe, Gilbert, Chandler and Scottsdale,("participating agencies")) 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, since that time each participating agency dedicated a law enforcement officer or a non -sworn employee to the Fusion Center 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 officially join in the IGA; and WHEREAS, on July 16, 2013, the City Council passed and adopted Resolution 13-29 authorizing the City to officially join the Fusion Center under the terms of the 2009 IGA and with added terms set forth in Amendment #1 to the IGA as adopted by the participating agencies; and WHEREAS,on April 30,2014,Amendment #2 was created and adopted by the City of Mesa which added/replaced/modified the 2009 IGA and Amendment #1; and WHEREAS,on July 31,2014,the City of Mesa drafted and adopted a third amendment to the IGA terms (mistakenly labeled as Amendment #2) which was intended to replace the original April 30, 2014 version of Amendment #2; and WHEREAS, this new amendment adds new language to Section IV, Reimbursement and Section VII Management of East Valley Gang Information and Criminal Information Fusion Center and also establishes in Section X, Fees, Expenditures and Operating Costs, RESOLUTION NO. 14-38 PAGE 1 OF 2 the amount each participating agency is to contribute toward the operating costs of the Fusion Center annually; and WHEREAS, the City of Apache Junction's share of the cost is $10,000.00 for Fiscal Year 2014/2015 and for all subsequent fiscal years; 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 or cooperative activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1)The Council finds that it is in the best interest of the City and its residents to continue agency participation in the Fusion Center activities, including financial contribution. 2)The Council hereby approves, and the Mayor is authorized to execute, the most recent version of what has been labeled as Amendment #2 t o Intergovernmental Agreement Regarding Participation i n the East Valley Gang and Criminal Information Fusion Center, set forth in "Attachment A". PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS ....4/61r DAY OF am46KI.,,2014. SIGNED AND ATTESTED TO THIS DAY OF al,7714E4-2014. ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 6-1 RICHARD J. STERN City Attorney S. INSALACO RESOLUTION NO. 14-38 PAGE 2 of 2 ATTACHMENT A mesasaz Police Department AMENDMENT #2 TO INTERGOVERNMENTAL AGREEMENT REGARDING PARTICIPATION IN THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER 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 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, and all terms and clauses set forth in Amendment #1, remain in effect except as modified herein. 4. The following language is added to Sections IV. and VII of the Agreement as follows: IV. Reimbursement Registration fees related to Fusion Center approved training will be paid for by MPD. Associated travel costs will be paid for by each individual party and adjusted for within the subsequent years annual funding. VII. Management of the East Valley Gang Information & Criminal Information Fusion Center (F) Issues related to finances, funding, or operating expenditures shall bereferred to the Fusion Center Finance Committee for discussion and recommendation before being brought before the Executive Committee. Prior to bringing forth any 1 recommendations to the Executive Committee,each individual member of the Fusion Center Finance Committee shall be responsible for reviewing those recommendations with their agency's legal advisor. 5.Section V. of the Agreement, is replaced, superseded, and amended in its entirety as follows: V. Duties of MPD MPD agrees to provide officer(s)and non -sworn personnel with workspace and connectivity to the Fusion Center network and databases. MPD will also provide technical assistance to officer(s) and non -sworn personnel in establishing connectivity to the Parties respective systems and provide stand-alone computers to facilitate state and local access. MPD will provide workstation and office furniture for use of officer(s) and non -sworn personnel. MPD will maintain responsibility for maintenance of the facility and is responsible for the lease on the facility, which includes utility costs. 6.Section X. Fees shall be retitled Fees, Expenditures and Operating Costs and is replaced, superseded and amended in its entirety as follows: X. Fees, Expenditures and Operating Costs Each Party to the Agreement will provide ten thousand dollars ($10,000.00) in funding (less any travel related adjustments as referenced in Section IV. above) to the City of Mesa in exchange for MPD managing and operating the Fusion Center, including all financial transactions and fiduciary responsibilities. Payments shall begin in fiscal year 2014/2015 and for subsequent fiscal years until a different amount is agreed upon by the Parties through an amendment to this Agreement. Associate Parties to the Agreement may be assessed funding based on individual agreements between the MPD and those Associate Parties. Operating expenditures may include association memberships, cellular telephone services, computers,consumables,imaging,intemet access,office supplies, photocopy services, software, subscriptions to internet based services, travel and training. Operating expenditures does not include facility related charges such as utilities or the cost of the member agency's assigned personnel working at the Fusion Center. Assets of the Fusion Center acquired through expenditures of the Parties, belong to those Parties based on a pro -rata share. MPD shall be responsible for tracking and identifying which assets were acquired solely by MPD or with funds from the Parties. In the event of dissolution of the Fusion Center, the Executive Board in consultation with the MPD will determine distribution of Fusion Center assets. 2 If the level of service changes or the costs of operating the Fusion Center increase, the Parties may renegotiate funding obligations. Increased funding for subsequent years will be determined each January following review and evaluation of operating costs associated with MPD operating the Fusion Center. Any such financial adjustments shall be set forth as an amendment to this Agreement otherwise the amounts specified above shall be paid to MPD on an annual basis. MPD will invoice the Parties for services on or about July 1st of every year. MPD agrees that funds collected by MPD from the Parties will be used exclusively for the operation of the Fusion Center, including any surplus or carry -forward funding from previous years. The Parties agree to maintain and furnish to each other records and documents pertaining to the services provided under this Agreement as may be required by Federal, State or local laws, rules, or regulations. Any of the Parties may request an independent audit related to the services provided under this Agreement with thirty (30) days written notice to MPD. If the audit indicates that fees or billable items have been charged incorrectly, the appropriate corrections or adjustments will be made. The cost of any such audit shall be the responsibility of the Party requesting the audit and the Executive Committee shall be responsible for selecting an independent auditor to perform any such audit. 7. The following Section XVIII. Public Records is added to the agreement as follows: XVIII. Public Records MPD shall preserve all records related to the services provided under this Agreement consistent with Arizona's records retention laws. Any records in possession of the Fusion Center may be subject to disclosure in response to a public records request or to a subpoena or other judicial process. In the event MPD receives a public records request for such documents or information, prior to disclosure, the MPD will notify the affected Agency(s) of the request and allow such Agency(s) five (5) business days to file in the Maricopa Superior Court any objection to disclosure of the requested records. Otherwise, the public record will be disclosed as required by law. Any Agency objecting to a public records request or filing an objection thereto shall indemnify and hold harmless the City of Mesa and its Police Department,its employees, officers, agents, or elected officials from and against any award of attorneys' fees,costs,expenses, damages and/or double damages ordered by the court against City of Mesa and its Police Department following adjudication of an adverse ruling on the objection. 3 Nothing in this paragraph shall be construed against the withholding of information or reports that are otherwise made confidential or restricted from release as required by law. 8. 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 MES an_Arizonain_unicipal corporation ATTEST: DeeAnn Mickelsen City Clerk APPROVED AS TO FORM: bbi pinner City Atforney By: Jacqueline Ganier Assistant City Attorney Reviewed By: Frank L. MtIstead Chief of Police istopher Brady, City Manager 4-0.4.- L_An3 4 INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with A.R.S. §1-952, 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 Mesa By g 7 D b.itpinner C Att rney By: Jacqueline Gainer Assistant City Attorney Dated: 5 CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its:Mayor ATTEST: By: Kathleen Connelly, City Clerk INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with A.R.S. § 1-952, 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: Richard J. Stern, City Attorney Date: