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Home My WebLink AboutRES 23-35 RESOLUTION NO. 23 3 RESOLUTION OF THE MAYOR AND CITY COUNCIL THE CITY OF APACHE JONCTTON, ARTZONA, AUTHORIZING THE CITY O AP ACHE JUNCTION, ARIZONA TO ENTER F INTERGOVERNMENTAL AGREEMENT -WITH'H THE CITY OF PHOENIX, ARIZONA, FOR 'H ARIZONA INTER E ' CRIMES AGAINST CHILDREN TASK FORCE. )SEES, the City of Apache urictlor.r (, Apache Junction") through its police department and the City of Phoenix through its police department desire to enter into an intergovernmental agreement ("IGA") allowing receipt eipt of funds from the United States Department of Justice, Office f Juvenile Justiceand Delinquency Prevention ("DOS"") supporting the Arizona Internet Crimes Against Children Task Force "IC ") ; and WHEREAS, the grant is funded by the Arizona Attorney General' s Office for the purposes of administering and operating an IC AC Task Force in Arizona; and WHEREAS, through this I , City will be known as an "affiliated agency" and WHEREAS,S, IC:AC and affiliated d - agencies desire to work together as a network of state and local law enforcement investigative units to investigateand prosecute cases images depicting the sexual exploitation of minors and the sexual: assault and abuse of children facilitated ' y technology; ology; and WHEREAS, pursuant to A:E. S. §§ 11 5 ) cities may enter into intergovernmental agreements with each other for joint or cooperative activities; and WHEREAS, the parties have crafted the attached IGA which formalizes the arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION RIZ ,, AS FOLLOWS: 1.) The mayor and city Council hereby approve the attached form of the IGA between Apache Junction and Phoenix and the mayor is hereby authorized to sign the agreement. RESOLUTION NO, 23-35 PAGE 1 OF 2 city manager may delegate the city police chief take any and all actions necessary a the purpose this resolution. PASSED AND ADOPTED BY THE MAYOR AN CITE" COUNCIL OF THE CITY A HE JUNCTION, ARIZONA, THIS AY , 2023. . SIGNED AND ATTESTED TO THIS � � DAY Off" , , W-W11 2023, Mayor ATTEST: ENNIFE DNA City Clerk_ APPROVED AS TO FORM:�* //- 7-,4?9 RI CHARD . STERN City Attorney RESOLUTION NO. -2 PAGE 2 Off' ATTACHMENT o_ ARIZONA INTERNET CRIMES AGAINST CHILDREN TASK FORCE Intergovernmental Agreement Between Phoenix Police (Primary Arizona ICAC Task Force Lead Agency and Apache Junction Police THIS Intergovernmental Agreement (1 " is entered into between the City of Phoenix, ri , through the Phoenix Police " "Primary Grantee*), and the City of Apache Junction,Arizona, through the Apache Junction_ Police rat('Affiliate Agency" , 1. RECITALS 1.1 Whereas public agencies are authorizedn r to enterinto Intergovernmental agreements for the provisionservices r for joint or cooperative act ry pursuant to Arizonais t totes .) §11-952. The City of Phoenix is also authorizedred pursuant to Chapter 2. Section 2 i , of the Charter of the Cityf Phoenix. 1.2 Wher ss the Phoenix Police t I ArizonaInternet Crimes Against Children Task Force ("ICAC Task r " Lead Agency, is the recipient f the United fits Department of Justice C J" , Office of Juvenile Justice Delinquency Prevention t" J " grant regarding Int rn t Crimes Against Children "I " , The Task Force-utilizes the grant,and fundingfrom the Arizona Attorney General's Office, for the purposef administering and operati ICAC Task Force i -Arizona. PPD is the ri grantee for the ICAC Task r , Agencies lit through this IGA ares""Affiliate Agencies". 12 Whereas t Task Force agrees to work withthe affiliates to goalssupport and advance the the Internet Crimes Against Children TaskForce, J initiative. Phoenix PD J ICAC Task Force may be ableto providefinancial assistance to the Affiliateenvy, on a reimbursablebasis, through various funding scar 1.4 Wher the ini t rs the ICAC Task ForceProgram,which is national network of state I law enforcement investigative units, The national ICAC programassists state local law enforcement agencies in the 1434,w development of an effectiveresponse to casesinvolving images depictingthe sexual exploitation of minors and the sexual assault and abuse of children facilitated y technology. a in large to the technological s t f these cases,the ICAC Task ur Program r ofes a multi-jurisdictional, multi-agency approach to investigating and prosecuting ICAC cases. I 's goals are t increase the investigations and prosecutionsf Internet crimes against children offenses, increase u li awareness and prevention of ICAC offenses, 1;5 Whereas the national li ti s for ICACs are t : (1) Increase the investigative capabilities, including effecti s efficiency, of law enforcement officers in the t ti , investigation qualifying offenses and the r h siuh ofoffenders', (2) Increase the r of l a li i (state and r l offenses beingros cut (3) Create a multi-agency task forces to ICAC offenses'. (4) Enhance the nationwideresponse to ICAC offenses; and (5) Develop and deliver ICAC public awareness and prevention programs, NOW, " , in considerationf the mutual promises set forth herein, the parties hereby agree to the following r s and conditions: 2.1 The purpose f this IGA is to providefunding for the lit o y, on reimbursable basis,to support their efforts to investigate, pro cut , and deter the possession, production, and distributionf unlawful images depictingthe sexual exploitation f minors and the utilization of the Internet it r s sexual victims. .2 The purposef this IGA is to memorializeparties' agreement to work together t ist the ICAC Taskors in its efforts to investigate, prosecute, h deterss ssi h, production, and distributionf unlawful images depicting the sexual exploitation of minors and the utilization of the Internet to seek childrens sexual victims. 23 Additionally, this I defines the responsibilities of the Affiliateit the ICAC TaskForce, RESPONSIBILITIES 31 Affiliated ICAC Task r s may include investigators, supervisors, o prosecutors "ri a local, state, and federallaw enforcement agencies who provide sist subject to availability, 3.2 Affiliated ICAC Task s should identify and investigate individuals who exploit children for sexual ss through the use f technology and/or who obtain, distribute, nd/or produce childBrno 3.3 Affiliated ICAC Task Forces should focused on presenting evidence criminal activity to prosecutors, which then leads to the successful r s ion of individuals who have committedcoercion/enticement or unlawfuli s nss. 3A Affiliated ICAC TaskForces may,subject to availability, sponsor community education efforts regarding the prevention of Internet crimes against children provide training to other state n local law enforcement officials, 3.5 Affili tTask Forces may, subject to availability- (1) Conduct undercover ICAC investigations,- and Conduct reactive investigations for which venuelies within the agency'sj ris i { )$ including investigations of unlawful i depicting,the sexual it ti nt of minors, CyberTip referrals from National Center of Missing and ExploitedChildren ) Internet Service r i r and law enforcement referrals, other ICAC-related investigations, th r sources. 16 The AffiliatedICAC Task ill ensue t: Only sworn law enforcement personnel will conduct undercover ICAC investigations', h investigator involved withri r r operations has received ICAC training pri to initiating investigations; and ) ICAC investigations shall Iso be governed by the national ICAC pro r ,s Standard r tier Procedures. Where17 investigations reveal that the safety of a childis at risk, it is of paramount importance that the safety well-being f the child clearly outweigh any consideration beingi to the continued investigation. 3.8 ICAC TaskForces have a substantial r of mattersto investigate which requires ri it tiara of these- rs, The Affiliateracy agrees to use the guidelines in the ICAC StandardOperating rote ores to prioritizecases 3.9 An additi rr I secondary role of the tit envy is to educate, s time and resources it, both childrenn rats regarding lidangers, and empower them withinformation so they may visit the Internet in safety, Task force personnel may conducteducation and prevention programs to foster awareness and provide practical, relevant i to the unity about Internet hil safety issues. DURATION 4.1 ThisIGA shall be i the datef the last signatureof the executing parties and will supersede ray pre-existing agreements between the Affiliate racy and the Arizona ICAC Task Force. This IGA will remain in effect 3 U1W� for five years afterth IGA becomes effective, unless the r tis tenninated in writingit h thirty y notice. 4.2 Viol ti f the ICAC StandardOperating rocs ores is considered a material f this agreement and causefor cancellation of Affiliate Agency's affiliation with the Arizona ICAC TaskForce. Upon discovering a violation notifying the ili t _ Agency, the Primary Party may cancel the contract and rescind y funding r this agreement. V. GENERAL PROVISIONS 5.1 Conflict of Interest. is Agreement is subject to cancellationpursuant t the provisions of . - t t ;2 Immigration law compliancerr ri . As required . , 1, each party hereby rr is its compliance with all federal immigration laws and regulations that relate to its employees and A,R.S. § 23-214(A). y further warrants" t after hiringemployee, it verifies the employment eligibility f the employeethrough the - ri r r . If either party uses any subcontractors in performance of the IGA, subcontractors shall rr t their compliance it It federal immigration l tires that relate to its employees and A.R.$. - 1subcontractors shall further warrant that after hiring an employee, such subcontractor verifies l y rat eligibility of the employee through the ri r r . A breachi my shall b deemed a material r h of the IGA, subject t _penalties t ; and including, termination, shall not be deemed in material breach if it and/or its subcontractors establish compliancewith the employment verification provisions of Sections 274A and 274Bf the federalImmigration ti l t and the E-Verily requirements t i in A.R,S. t . Each party retains the legal right to inspect the papers of the other party and/orits subcontractorengaged in performance of this IGA to ensurethat the other party and/or its subcontractor s complying withwarranty, y inspection ill be conducted r reasonable notice t reasonable times. If state law is amended, the parties _ y modify this paragraph consistent with state law. 53 Communication between statelocal rn rat agencies and federal immigration auth riti s; compliance. As required y 1373, each party herebys that, notwithstanding any other provision of federal, state, or local law, it will not prohibit, or in any way restrict, any government entity or official sendingto, or receiving from, federal immigration auth riincluding US Immigration and Cusi s Enforcement ICE), US Customs and Border Protection ( ,or US CitizenshipImmigration Ser is s t I , information regarding the citizenship rimmigration status, lawful or unlawful, of anyindividual. 5.4 Indemnification. To h t permitted by law, each party will indemnify and save the other party harmless, n l i ny of theparties' departments, agencies,officers,employees,elected officials or agents,from i st all loss„ expense, r l i any t v i icaused activity, r .event arising out of the performance or non-performance the indemnitying party of anyf the provisionsf this l Each party, in all instances, shall be indemnified st all liability, losses, and damages f any nature for, or on account of, any injuries or death of r ohs r damages t r destructionf arising r in any twith the performance or non-performance of this IGA by the other party, except such injury r damage as shall have been occasionedy the negligence f that other party. The damages incurred y the other party, their department, agencies, officers, Icy sp elected officers, or agents shall include in the event of any action, court costs, expenses for litigation and reasonable attorn ys'fees, The parties are responsible an liable for the actsomissions f their own officers, ts, or employees in connection €t the performancef their official duties under this I This agreement does not relieve eith r agency of its official duties and shall not b construed as limiting i _ the statutory responsibilities of the parties. 5,5 Binding t.All terms, r vi ions, and conditions hereof shall be binding upon and inure to the benefit of all parties hereto and their respective heirs, personal representatives, successors, and assigns, 5.6 Severability. In the by term r provision of this IGA is held to be invalid or unenforceable, the validityf the other provisions shall not be affected, and the IGA shall be construedn f r s if it did not contain the particular term r provision that is deemed to be invalid r unenforceable. 57 Governing law, This IGA will be governedthe laws of the State of Arizona, as to interpretation and performance. 5.8 Modification. This IGA may be modifiedonly by mutual written agreement f the parties. PROVISIONSV1. SPECIAL Goals61 for cases prosecuted. Various CountyAttorneys' Offices throughout the State of Arizona have successfully prosecuted many cases investigated bthe ICAC Task Forceits affiliated agencies. Cases investigated by the ICAC Task Force y be prosecutedin Federal State Court. The affiliatedy agrees that the criteria for determining whether to prosecute particular violation in state r federal court will be determineda can the forum i which t greatest overall t to t publicill achieved. The partiesagree that the greatest overall fit to the publicvictims ill be achieved in the forum in which the purposes of punishment will be accomplished 8 4'l _ ,& to the greatest possible extent. The parties agree that the s in ICAC cases should, to the greatest possible extent: (f) Reflect the seriousness of the offense; Promote respect f r the I ( Provide just punishment for the offense; Affordu t deterrence to criminal conduct; Protect the public from further crimes of the defendant; and provide defendant ith needed educational or vocational training, medi t care, or other correctional treatment in the most effective n r. Given these Is and the research regarding the typical hands-on histories s convict s on-line predators and childors r by offenders, incarceration is a desiredoutcome in ICAC cases. 22 Reporting statistics. The Affiliatey will provide monthly reports to the Phoenix Task Force in the r s i format,no later than t s after the end of the precedingmonth. It statistics r not provided by the deadline, y funding ill be suspendedtil the reporting requirement is met. 6.3 Training. The affiliatedracy may make investigators avait r applicable specialized training pr i through ti na ICAC program other appropriate training pr r s. Media. Media outreach on cases should be coordinatedit the prosecutor to whomthe case has been, or will be, referred in order urcompliance with applicable r rules, Ail lawful efforts will be made to protect ongoing undercover operations ia publication. Member agencies will refrain unnecessarily releasing oi ire investigative techniques ri ongoing undercover identities, including screen s5 age or sex of undercover s, unless authorized y public record law,or when the information is revealed pursuant to lawful discovery or at trial. 6,5 Confidentiality. It is understood t any confidential information i i to investigations of ICAC will be held in the strictest confidence, and will only be shared it rtii tip ICAC Task Force members or other law enforcement agencies where necessary, or s otherwise r i federal law &6 Text messaging l' driving, Pursuant to Executiver 13513,"Federal Leadership in t Messaging WhileDriving," 74 Fed, Reg, 51225 (October 1, 200 , the Department encourages recipients and su recipients adopt and enforce li i s banning employees from text messagingitdriving any vehicle duringcourse of performing funded by this IGA, and t establish lace safety policies and conduct education, awareness, and other outreach to decreasecrashes caused by distracted drivers. i 132022 67 Data protection,All data, regardless of form, including originals, images and reproductions, r y; obtained by, or transmitted to affiliates i connection with this agreement is to be kept confidential. Except as specifically provided in this IGA, the affiliaten i s shall not disclose datagenerated in the performanceof the service to any third rs n without the prior written consent of all affiliate agencies, unless required y l Personal identifying information, financial account information, restricted information, whether electronic format or hard copy, must be secured protected t all times to avoidunauthorized ss. At a minimum, affiliate agencies must encrypt andfor password protect electronic files. This includes data saved to laptop t rs, computerized devices or removable storage s. Unless contrary to law, which includes Arizona Stater t nti statutes, when personal identifying information, financial accunt information r restricted information, regardless f its format, is no longer ss ,the information u be redacted, y r secured u h appropriate andsecure the s that ensure the information nn be viewed, accessed r reconstructed. n the event that data collected r obtained by the affiliateagencies in connection with this IGA is believed to have been compromised, affiliate agenciesshall notify all other agencies in writingwithin ten business days. Affiliate n i s agree that the requirements of this section shall incorporated into all relevant subcontractor/subconsultant agreements entered into affiliate agencies. A violation f this tin may result in immediate r in i n f the IGA The bli bons of affiliate agenciesr this section ll survive the termination f this agreement, 6.8 Consistency, No local agreement can be inconsistent with any provision herein r impair achievement of any provisionherein. 69 Return of Proceeds of Sale or Auction.Affiliate agenciesrprohibited from retaining the proceeds from the sale r auction of any equipment purchased funding pr vi sd pursuant to this IGA. In the event that an affiliate agency sells or auctions y equipment purchased within r ipursuant to this IGA, the affiliate agency shall return the proceeds from l r auction of equipment to the City of Phoenix, The i f Phoenix shall remit the proceeds returned to the original funding source. The i f Phoenix shall have the authority to audit the records of an affiliate agency as shall be deemed proper to ensure_that the proceeds from the saler auction of any equipment purchased withfunding provided pursuant to this IGA have drat for and returnedpursuant t is section. 6.10 ili t Agency must abide by all federal, state, and local r ht regulations, 11 A 102-' IN l F, the parties rater into thisAgreement- City iArizona Junction,Arizona ArizonaAn i t Corporation An ArizonaiCorporation (Primary (Affiliate) Michael i (Authorized Signature Interim olioChief Phoenix olive Department Printed Name, 'Title Date Date ATTEST- ATTEST City Clem Date City Clerk Date APPROVED AS TO FORK APPROVED AS TO FORM- Signature Date Signature Date (Printed (Printed amen Acting City Attorney City Attorney ated 1$3 2022 INTERGOVERNMENTAL AGREEMENT DETERMI TI In accordanceit requirements of 11- 5 each f the undersigned orseys Ackn I d : 1 that they have reviewed IGA behalfon f their respective clients; to as to their respective clientsonly, each afforney has determinedthis IGA is in proper form is within powerst onty granted under the f the Statef Arizona. City of Phoenix (Primaryrantee) City of Apache Junction lit Signature Date Signature Date (Printed ( rimed Acting i tt r y City Attorney