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ARIZONA INTERNET CRIMES AGAINST CHILDREN
TASK FORCE
Intergovernmental Agreement
Between
Phoenix Police Department (Primary Grantee) /
Arizona ICAC Task Force Lead Agency
and
El Mirage Police Department
THIS Intergovernmental Agreement (“IGA”) is entered into between the City of
Phoenix, Arizona, through the Phoenix Police Department (“PPD” or “Primary
Grantee”), and the City of El Mirage, Arizona, through the El Mirage Police
Department (“Affiliate Agency”).
I. RECITALS
1.1
Whereas public agencies are authorized and empowered to enter into
intergovernmental agreements for the provision of services or for joint or
cooperative action pursuant to Arizona Revised Statutes (A.R.S.) §11-952. The
City of Phoenix is also authorized and empowered pursuant to Chapter 2, Section
2 (i), of the Charter of the City of Phoenix.
1.2
Whereas the Phoenix Police Department / Arizona Internet Crimes Against
Children Task Force (“ICAC Task Force”) Lead Agency, is the recipient of the
United States Department of Justice (“DOJ”), Office of Juvenile Justice and
Delinquency Prevention (“OJJDP”) grant regarding Internet Crimes Against
Children (“ICAC”). The Task Force utilizes the grant, and funding from the Arizona
Attorney General’s Office, for the purpose of administering and operating an ICAC
Task Force in Arizona. PPD is the primary grantee for the ICAC Task Force.
Agencies affiliated through this IGA are known as “Affiliate Agencies”.
1.3
Whereas the PPD / ICAC Task Force agrees to work with the affiliates to
support and advance the goals of the Internet Crimes Against Children Task Force,
a DOJ initiative. Phoenix PD / ICAC Task Force may be able to provide financial
assistance to the Affiliate Agency, on a reimbursable basis, through various
funding sources.
1.4
Whereas the OJJDP administers the ICAC Task Force Program, which is a
national network of state and local law enforcement investigative units. The
national ICAC program assists state and local law enforcement agencies in the
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development of an effective response to cases involving images depicting the
sexual exploitation of minors and the sexual assault and abuse of children
facilitated by technology. Due in large part to the technological aspects of these
cases, the ICAC Task Force Program promotes a multi-jurisdictional, multi-agency
approach to investigating and prosecuting ICAC cases. ICAC’s goals are to
increase the investigations and prosecutions of Internet crimes against children
offenses, and to increase public awareness and prevention of ICAC offenses.
1.5
Whereas the national policy objectives for ICACs are to:
(1) Increase the investigative capabilities, including effectiveness and
efficiency, of law enforcement officers in the detection, investigation of
qualifying offenses and the apprehension of offenders;
(2) Increase the number of ICAC-qualifying (state and federal) offenses
being prosecuted;
(3) Create a multi-agency task force response to ICAC offenses;
(4) Enhance the nationwide response to ICAC offenses; and
(5) Develop and deliver ICAC public awareness and prevention programs.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
parties hereby agree to the following terms and conditions:
II. PURPOSE
2.1
The purpose of this IGA is to provide funding for the Affiliate Agency, on a
reimbursable basis, to support their efforts to investigate, prosecute, and deter the
possession, production, and distribution of unlawful images depicting the sexual
exploitation of minors and the utilization of the Internet to seek children as sexual
victims.
2.2
The purpose of this IGA is to memorialize parties’ agreement to work
together to assist the ICAC Task Force in its efforts to investigate, prosecute, and
deter the possession, production, and distribution of unlawful images depicting the
sexual exploitation of minors and the utilization of the Internet to seek children as
sexual victims.
2.3
Additionally, this IGA defines the responsibilities of the Affiliate Agency with
the ICAC Task Force.
III. RESPONSIBILITIES
3.1
Affiliated ICAC Task Forces may include investigators, supervisors, or
prosecutors from various local, state, and federal law enforcement agencies who
provide assistance, subject to availability.
3.2
Affiliated ICAC Task Forces should identify and investigate individuals who
exploit children for sexual purposes through the use of technology and/or who
obtain, distribute, and/or produce child pornography.
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3.3
Affiliated ICAC Task Forces should be focused on presenting evidence of
criminal activity to prosecutors, which then leads to the successful prosecution of
individuals who have committed coercion/enticement or unlawful image offenses.
3.4
Affiliated ICAC Task Forces may, subject to availability, sponsor community
education efforts regarding the prevention of Internet crimes against children and
provide ICAC training to other state and local law enforcement officials.
3.5
Affiliated ICAC Task Forces may, subject to availability:
(1) Conduct undercover ICAC investigations; and
(2) Conduct reactive investigations for which venue lies within the
agency’s jurisdiction(s), including investigations of unlawful images
depicting the sexual exploitation of minors, CyberTip referrals from the
National Center of Missing and Exploited Children (NCMEC), Internet
Service Provider and law enforcement referrals, other ICAC-related
investigations, and other sources.
3.6
The Affiliated ICAC Task Force will ensure that:
(1) Only sworn law enforcement personnel will conduct undercover ICAC
investigations;
(2) Each investigator involved with undercover operations has received
ICAC training prior to initiating investigations; and
(3) ICAC investigations shall also be governed by the national ICAC
program’s Standard Operating Procedures (Attachment A).
3.7
Where investigations reveal that the safety of a child is at risk, it is of
paramount importance that the safety and well-being of the child clearly outweigh
any consideration being given to the continued investigation.
3.8
ICAC Task Forces have a substantial number of matters to investigate
which requires prioritization of these matters. The Affiliate Agency agrees to use
the guidelines in the ICAC Standard Operating Procedures (Attachment A) to
prioritize cases.
3.9
An additional secondary role of the Affiliate Agency is to educate, as time
and resources permit, both children and parents regarding online dangers, and
empower them with information so they may visit the Internet in safety. Task force
personnel may conduct education and prevention programs to foster awareness
and provide practical, relevant guidance to the community about Internet child
safety issues.
IV. DURATION AND TERMINATION
4.1
This IGA shall become effective upon the date of the last signature of the
executing parties and will supersede any pre-existing agreements between the
City of El Mirage and the Arizona ICAC Task Force. This IGA will remain in effect
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for five (5) years after the IGA becomes effective, unless the agreement is
terminated in writing by either party upon thirty (30) day notice.
4.2
Violation of the ICAC Standard Operating Procedures (Attachment A) is
considered a material breach of this agreement and cause for cancellation of
Affiliate Agency’s affiliation with the Arizona ICAC Task Force. Upon discovering
a violation and notifying the Affiliate Agency, the Primary Party may cancel the
contract and rescind any funding under this agreement.
V. GENERAL PROVISIONS
5.1
Conflict of Interest. This Agreement is subject to cancellation pursuant to
the provisions of A.R.S. § 38-511.
5.2
Immigration law compliance and warranty. As required by A.R.S. § 41-
4401, each party hereby warrants its compliance with all federal immigration laws
and regulations that relate to its employees and A.R.S. § 23-214(A). Each party
further warrants that after hiring an employee, it verifies the employment eligibility
of the employee through the E-Verify program. If either party uses any
subcontractors in performance of the IGA, subcontractors shall warrant their
compliance with all federal immigration laws and regulations that relate to its
employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that
after hiring an employee, such subcontractor verifies the employment eligibility of
the employee through the E-Verify program. A breach of this warranty shall be
deemed a material breach of the IGA, subject to penalties up to, and including,
termination. A party shall not be deemed in material breach if it and/or its
subcontractors establish compliance with the employment verification provisions
of Sections 274A and 274B of the federal Immigration and Nationality Act and the
E-Verify requirements contained in A.R.S. § 23-214(A). Each party retains the
legal right to inspect the papers of the other party and/or its subcontractor engaged
in performance of this IGA to ensure that the other party and/or its subcontractor
is complying with the warranty. Any inspection will be conducted after reasonable
notice and at reasonable times. If state law is amended, the parties may modify
this paragraph consistent with state law.
5.3
Communication between state and local government agencies and federal
immigration authorities; compliance. As required by 8 U.S.C. § 1373, each party
hereby agrees 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 from
sending to, or receiving from, federal immigration authorities, including US
Immigration and Customs Enforcement (ICE), US Customs and Border Protection
(CBP), or US Citizenship and Immigration Services (USCIS), information regarding
the citizenship or immigration status, lawful or unlawful, of any individual.
5.4
Indemnification. To the extent permitted by law, each party will indemnify
and save the other party harmless, including any of the parties’ departments,
agencies, officers, employees, elected officials or agents, from and against all loss,
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expense, damage or claim of any nature whatsoever which is caused by any
activity, condition or event arising out of the performance or non-performance by
the indemnifying party of any of the provisions of this IGA.
Each party, in all instances, shall be indemnified against all liability, losses, and
damages of any nature for, or on account of, any injuries or death of persons or
damages to or destruction of property arising out of or in any way connected with
the performance or non-performance of this IGA by the other party, except such
injury or damage as shall have been occasioned by the negligence of that other
party. The damages incurred by the other party, their department, agencies,
officers, employees, elected officers, or agents shall include in the event of any
action, court costs, expenses for litigation and reasonable attorneys’ fees.
The parties are responsible and liable for the acts and omissions of their own
officers, agents, or employees in connection with the performance of their official
duties under this IGA.
This agreement does not relieve either agency of its official duties and shall not be
construed as limiting or expanding the statutory responsibilities of the parties.
5.5
Binding effect. All terms, provisions, 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 event any term or provision of this IGA is held to be
invalid or unenforceable, the validity of the other provisions shall not be affected,
and the IGA shall be construed and enforced as if it did not contain the particular
term or provision that is deemed to be invalid or unenforceable.
5.7
Governing law. This IGA will be governed by the laws of the State of
Arizona, both as to interpretation and performance.
5.8
Modification. This IGA may be modified only by mutual written agreement
of the parties.
VI. SPECIAL PROVISIONS
6.1
Goals for cases prosecuted. Various County Attorneys’ Offices throughout
the State of Arizona have successfully prosecuted many cases investigated by the
ICAC Task Force and its affiliated agencies. Cases investigated by the ICAC Task
Force may be prosecuted in Federal or State Court.
The affiliated agency agrees that the criteria for determining whether to prosecute
a particular violation in state or federal court will be determined based upon the
forum in which the greatest overall benefit to the public will be achieved. The
parties agree that the greatest overall benefit to the public and victims will be
achieved in the forum in which the purposes of punishment will be accomplished
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to the greatest possible extent. The parties agree that the sentences in ICAC
cases should, to the greatest possible extent:
(1) Reflect the seriousness of the offense;
(2) Promote respect for the law;
(3) Provide just punishment for the offense;
(4) Afford adequate deterrence to criminal conduct;
(5) Protect the public from further crimes of the defendant; and
(6) To provide the defendant with needed educational or vocational
training, medical care, or other correctional treatment in the most
effective manner.
Given these goals and the research regarding the typical hands-on offense
histories of those convicted as on-line predators and child pornography offenders,
incarceration is a desired outcome in ICAC cases.
6.2
Reporting statistics. The Affiliate Agency will provide monthly reports to the
Phoenix PD / ICAC Task Force in the prescribed format, no later than ten (10) days
after the end of the preceding month. If statistics are not provided by the deadline,
any funding will be suspended until the reporting requirement is met.
6.3
Training. The affiliated agency may make investigators available for
applicable specialized training provided through the national ICAC program and
other appropriate training programs.
6.4
Media. Media outreach on cases should be coordinated with the prosecutor
to whom the case has been, or will be, referred in order to ensure compliance with
applicable bar rules. All lawful efforts will be made to protect ongoing undercover
operations from media publication. Member agencies will refrain from
unnecessarily releasing ongoing investigative techniques and ongoing undercover
identities, including screen names, age or sex of undercover personas, unless
authorized and mandated by public record law, or when the information is revealed
pursuant to lawful discovery or at trial.
6.5
Confidentiality. It is understood that any confidential information pertaining
to investigations of ICAC will be held in the strictest confidence, and will only be
shared with participating ICAC Task Force members or other law enforcement
agencies where necessary, or as otherwise permitted by federal and/or state law.
6.6
Text messaging while driving. Pursuant to Executive Order 13513, “Federal
Leadership on Reducing Text Messaging While Driving,” 74 Fed. Reg. 51225
(October 1, 2009), the Department encourages recipients and sub recipients to
adopt and enforce policies banning employees from text messaging while driving
any vehicle during the course of performing work funded by this IGA, and to
establish workplace safety policies and conduct education, awareness, and other
outreach to decrease crashes caused by distracted drivers.
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6.7
Data protection. All data, regardless of form, including originals, images and
reproductions, prepared by, obtained by, or transmitted to affiliate agencies in
connection with this agreement is to be kept confidential. Except as specifically
provided in this IGA, the affiliate agencies shall not disclose data generated in the
performance of the service to any third person without the prior written consent of
all affiliate agencies, unless required by law.
Personal identifying information, financial account information, or restricted
information, whether electronic format or hard copy, must be secured and
protected at all times to avoid unauthorized access. At a minimum, affiliate
agencies must encrypt and/or password protect electronic files. This includes data
saved to laptop computers, computerized devices or removable storage devices.
Unless contrary to law, which includes Arizona State Records Retention statutes,
when personal identifying information, financial account information or restricted
information, regardless of its format, is no longer necessary, the information must
be redacted, destroyed or secured through appropriate and secure methods that
ensure the information cannot be viewed, accessed or reconstructed.
In the event that data collected or obtained by the affiliate agencies in connection
with this IGA is believed to have been compromised, affiliate agencies shall notify
all other agencies in writing within ten (10) business days.
Affiliate agencies agree that the requirements of this section shall be incorporated
into all relevant subcontractor/subconsultant agreements entered into by the
affiliate agencies. A violation of this section may result in immediate termination
of the IGA.
The obligations of affiliate agencies under this section shall survive the termination
of this agreement.
6.8
Consistency. No local agreement can be inconsistent with any provision
herein or impair achievement of any provision herein.
6.9
Return of Proceeds of Sale or Auction. Affiliate agencies are prohibited from
retaining the proceeds from the sale or auction of any equipment purchased with
funding provided pursuant to this IGA. In the event that an affiliate agency sells or
auctions any equipment purchased with funding provided pursuant to this IGA, the
affiliate agency shall return the proceeds from the sale or auction of equipment to
the City of Phoenix. The City of Phoenix shall remit the proceeds returned to the
original funding source. The City of 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 sale or auction of any equipment purchased with funding
provided pursuant to this IGA have been accounted for and returned pursuant to
this section.
6.10 Affiliate Agency must abide by all federal, state, and local grant regulations.
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IN WITNESS WHEREOF, the parties enter into this Agreement:
City of Phoenix, Arizona
City of El Mirage, Arizona
An Arizona Municipal Corporation
An Arizona Municipal Corporation
(Primary Grantee)
(Affiliate)
__________________________
__________________________
Jeri L. Williams
(Authorized Signature)
Police Chief
Phoenix Police Department
__________________________
Printed Name, Title
__________________________
__________________________
Date
Date
ATTEST:
ATTEST:
_____________________
______________________
City Clerk
City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
_____________________
_____________________
Acting City Attorney
City Attorney
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INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with the requirements of A.R.S. § 11-952 (D), each of the
undersigned attorneys Acknowledge: (1) that they have reviewed the above IGA
on behalf of their respective clients; and, (2) that, as to their respective clients only,
each attorney has determined that this IGA is in proper form and is within the
powers and authority granted under the laws of the State of Arizona.
City of Phoenix (Primary Grantee)
City of El Mirage (Affiliate)
_____________________
______________________
Sandra Hunter, Asst. Chief Counsel
Signature
______________________
Printed Name, Title
_____________________
______________________
Date
Date