Agreement - IGA for AZCART

—
CSCUOUAANDMNAWN Ee

PRR HWWWWWWWWWWNNNNNNNNNNKR RR eee eee
WNKTDOAANDNMNAWNKF DOWAINDNBWNHKEKOCOMINIAMAWNHH

INTERGOVERNMENTAL AGREEMENT
FOR PARTICIPATION IN THE ARIZONA CHILD ABDUCTION RESPONSE TEAM

This Agreement is entered into pursuant to A.R.S. §§11-951, et seq., and A.R.S. §13-3872 by
and among any and all Cities, Towns Agencies and other entities that have signed, recorded and
entered into this agreement.

The aforementioned entities shall hereinafter be known collectively as the Arizona Child
Abduction Response Team (AZCART). Any other public agencies, as that term is defined in
A.R.S. § 11-951, which after invitation by AZCART, comply with the provisions of A.R.S.
§§11-951 et seq. and subsequently signs this Agreement shall become Parties to this Agreement.
As new agencies are invited and agree to sign this agreement, AZCART will be sure to update
and distribute its list of member agencies. Each AZCART agency shall provide a copy of its
fully executed agreement to every other member agency. In addition to the above, all subsequent
parties to this Agreement will be included in any collective reference to and will also be
collectively known as, or referred to as, one of the “Parties” hereto.

I. PURPOSE AND INTENT OF AGREEMENT

The purpose of this Agreement is to create an Arizona Child Abduction Response Team
(AZCART). The primary goal of the Arizona Child Abduction Response Team is to provide a
pool of specialized investigators, who are available to focus dedicated and intensive
investigative, preventative, and general law enforcement efforts, primarily concerning cases
involving abducted or at-risk missing children. AZCART and other Arizona law enforcement
agencies may request and render law enforcement assistance to/from other AZCART agencies in
dealing with serious violations of law including, but not limited to: the investigation, arrest, and
prosecution of those involved in criminal child kidnapping, abduction, false imprisonment, and
similar or related violations (utilizing state and federal law and prosecutions, as appropriate); the
rescue of the abducted child or children; and the seizure and forfeiture of assets of those engaged
in child abduction or otherwise supporting such activity, utilizing applicable state and federal
forfeiture laws, as may be appropriate).

Additionally, the location of each Party’s jurisdiction in relation to each other makes it
advantageous to enter into this Agreement, in order to receive and extend mutual aid in the form
of law enforcement services and resources, to respond to continuing, multi-jurisdictional
criminal activity such as that described above.

II. AUTHORITY TO ENTER INTO THIS AGREEMENT
A. The Parties are authorized and empowered to enter into this Agreement pursuant to A.R.S.

§§11-951 er seq., A.R.S. §13-3872 and the respective provisions of their City Charters, Tribal
Constitution, or other governing statute or authority.

8325904v1 2020-XXX-COS Page | of 8 IGA CART 06-01-20

44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
2B
74
75
16
77
78
79
80
81
82
83
84
85
86
87
88

If any Native American community requests AZCART assistance, consideration should be given
for granting all assisting AZCART team members tribal peace officer authority for the duration
of the AZCART activation within the applicable tribal jurisdiction if and when required.

Ill. CART ACTIVATION, PROCEDURES AND RESOURCES

A. Any Party to the Agreement or authorized representative of any Arizona law enforcement
agency may request activation of AZCART. An activation can include but is not limited to: a
Limited Team (Hasty Team) call out for the purposes of consulting with the primary jurisdiction
or a branch-only call out for conducting a specific task, a Technical Team call out for cell tower
analysis, foreign language translation, dedicated forensic interviews, specialized equipment, etc.,
or a Full Team call out for neighborhood and roadside canvassing, criminal investigation
assistance, lead management assistance, area searches, crime scene management assistance,
intelligence gathering, etc..

It shall be the responsibility of the Party or authorized representative requesting activation to
contact the designated Google Voice number of 480-442-2784 to be put in touch with the
AZCART State Coordinator or designee for vetting of the request for activation.

The criteria for an AZCART activation include one or more of the following: a confirmed or
suspected non-family child abduction, a confirmed or suspected family or non-custodial parent
abduction with endangerment circumstances, and/or any other at-risk missing child investigation
requiring immediate response in order to protect the life or well-being of a child as determined
by the AZCART State Coordinator or designee.

Endangerment circumstances are defined as: when a child’s life or well-being is perceived to be
at risk due to violence or health conditions and/or if the abducting party has the potential for
violence or is expected to otherwise endanger the child. At-risk factors can include but are not
limited to: child is deemed special needs due to a medical diagnosis or diagnosed behavioral
condition, child has a life-threatening health condition, child is medicine/drug dependent, child is
13 years of age or younger therefore at risk of exploitation, signs are present consistent with
sexual exploitation, or child is absent in a way inconsistent with established patterns of behavior
without explanation, etc.

B. The Agency that has legal jurisdiction over the incident or investigation will remain as the
lead agency during the duration of a particular AZCART activation with support from AZCART
agencies.

C. One lead AZCART State Coordinating Agency led by a AZCART State Coordinator as well
as two branch (Northern and Southern) coordinating agencies each led by a AZCART Branch
Coordinator will be selected by the AZCART Steering Committee members subject to final
approval of chief law enforcement officers (chiefs) of the AZCART agencies selected on a
rotating basis for a term of at least one year, which shall correspond with the effective date of the
Agreement. The individual State or applicable Branch Coordinator will be selected by that
coordinating agency. In the event that a State or Branch AZCART Coordinator is unable to

8325904v1 2020-XXX-COS Page 2 of 8 IGA CART 06-01-20

89

90

91

92

93

94

95

96

97

98

99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133

complete his or her term due to retirement, resignation from his or her agency, change in primary
assignment, promotion, or for any other reason, the coordinating agency should name a
replacement coordinator from within their agency to fulfil the remainder of the year term.

D. The AZCART State Coordinating Agency will have primary responsibility over maintaining
U.S. Department of Justice certification, compliance, and reporting, as well as maintaining IGA
compliance within Arizona. The State Coordinating Agency will handle primary vetting of
AZCART activation requests to ensure criteria have been adequately met. The State
Coordinating Agency will have primary responsibility for AZCART activations in Maricopa,
Yuma, Pinal, La Paz, Gila, Graham and Greenlee Counties. The AZCART State Coordinating
Agency will provide oversight and support to any Northern or Southern AZCART Branch
activation. The AZCART Northern Branch Coordinating Agency falls under the responsibility
and oversight of the State Coordinating Agency and will have primary responsibility over
coordinating the response for AZCART activations in Mohave, Coconino, Yavapai, Navajo and
Apache Counties. The AZCART Southern Branch Coordinating Agency falls under the
responsibility and oversight of the State Coordinating Agency and will have primary
responsibility over the response for AZCART activations in Pima, Santa Cruz and Cochise
Counties.

E. The AZCART State and Branch Coordinators or designees will be responsible for
coordinating on-going training, meetings or other necessary supporting functions in support of
the operational effectiveness of AZCART. The AZCART State Coordinator shall be responsible
for mediating any jurisdictional or AZCART activation disputes between the Parties during an
AZCART activation. In the event such mediation fails, the issue shall be brought to the attention
of the applicable AZCART Chiefs and/or Sheriffs or their designees for appropriate resolution.

F. Each Party shall, to the best of its ability, designate at least one sworn law enforcement officer
available along with supporting equipment such as vehicles in support of any AZCART
activation. Each Party shall designate a primary AZCART member to participate in activations,
meetings, trainings, etc. Each Party shall immediately inform other AZCART agencies when
such designations change. In the event a primary CART member is not available or as the
situation dictates, an AZCART agency may provide officers not normally designated as
AZCART members in support of an AZCART activation.

G. Each Party shall have the sole discretion to determine how many and/or how long any of its
personnel or resources shall be assigned in support of an AZCART activation.

H. Each Party shall have the ability to have representation on the AZCART Steering Committee.
The AZCART Steering Committee shall be run by the current State Coordinating Agency and is
responsible for meeting quarterly either in person or virtually at the discretion of the State
Coordinating Agency. AZCART Steering Committee meetings shall serve the purpose of
discussing AZCART related matters, soliciting feedback on current and past AZCART
activations, preparing quarterly training for AZCART membership as well as soliciting and
selecting suitable agencies for rotation as State or Branch Coordinating Agencies. In the event
multiple agencies desire to be the State or Branch Coordinating Agency a majority vote of the

8325904v1 2020-XXX-COS Page 3 of 8 IGA CART 06-01-20

134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178

AZCART Steering Committee at the designated 4" quarterly meeting shall make the
determination with the vote of the current AZCART State Agency acting as a tiebreaker if
needed. In the event not all replacement coordinating agencies are identified by the 4" quarterly
meeting, the current State or Branch Coordinating Agency will have the option of remaining in
place on a month-to-month basis until a replacement agency is found. If a Branch Coordinating
Agency cannot be determined, then those activation responsibilities will fall back under the State
Coordinating Agency until a replacement is found.

IV. COSTS AND ANY REIMBURSEMENT

The Parties will be responsible for any and all associated costs accrued in implementing this
Agreement that are incurred by their respective agencies, to include, but are not limited to,
employee salary, shift differential pay, overtime compensation, benefits, vehicles, equipment,
etc. If any Party receives grant funds designated for the Arizona Child Abduction Response
Team, some or all of these expenses may be reimbursed to the Parties. In no event shall any
Party charge other Parties for any administrative fees for any work performed pursuant to this
Agreement.

V. NON-DISCRIMINATION

The Parties to this Agreement shall comply with all applicable provisions of state and federal
non-discrimination laws and regulations including, but not limited to, that all persons, regardless
of race, color, religion, sex, age, marital status, sexual orientation,, gender identification or
expression, genetic characteristics, familial status, national origin or political affiliation, U.S.
military veteran status or disability, shall have equal access to employment opportunities and all
other federal and state employment and educational opportunity laws, rules and regulations,
including the Americans with Disabilities Act; provided however, an Indian Community is
subject to 25 U.S.C. § 450e(c). No Party shall engage in any form of illegal discrimination.

VI. INDEMNIFICATION

Each Party agrees that it will be responsible for any liability or loss that may be incurred as a
result of any claim, demand, cost or judgement made against that party to the extent arising from
any negligent, reckless or intentional act or omission by any of that party’s employees, agents, or
servants in connection with work or responsibilities performed pursuant to this Agreement.

To the extent permitted by law, each Party does hereby covenants and agrees, to the extent
permitted by law, to indemnify, defend, and hold harmless the other Party, their elected officials,
appointees, officers, employees, contractors, and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands or damages of any kind or nature
relating to this Agreement which, are the result of any act or omission of the Party, its officers,
employees, contractors, agents, and anyone acting under its direction or control, whether
intentional or negligent, in connection with or incident to this Agreement. Failure of a Party to
comply with the terms of this Agreement shall not provide the basis of any third-party action
against any of the Parties.

8325904v1 2020-XXX-COS Page 4 of 8 IGA CART 06-01-20

179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223

VII. DISPUTES/GOVERNING LA WJURISDICTION/VENUE

All parties to this Agreement shall make every effort to resolve conflicts with the parties involved.
If settlement is not obtained, then parties may submit a grievance to litigation. The laws of the
State of Arizona shall govern this Agreement. If a dispute arises under this agreement, which
cannot be resolved by the Parties, it shall be resolved by litigation. Jurisdiction will be in the
State of Arizona. venue will be in the Maricopa County Superior Court, unless the subject matter
of the dispute involves an Indian Community, then venue shall be in the Federal District Court
for the State of Arizona. In the event of any litigation or arbitration arising out of this
Agreement, the substantially prevailing Party in such litigation or arbitration shall be entitled to
recover its reasonable attorney’s fees, expert witness fees and other reasonable costs of litigation.

VII. DURATION AND CANCELLATION OF AGREEMENT

A. This Agreement shall become effective upon execution by the Parties hereto and filing with
the appropriate County Recorder and shall remain in effect until June 30, 2030, unless otherwise
terminated by the terms of this Agreement or operation of law. Failure by one or more Parties to
execute the Agreement shall not invalidate the Agreement as to those Parties who did so. Any
Party may withdraw from this Agreement with or without cause by giving thirty calendar days’
written notice to the other Parties to the Agreement.

B. This Agreement may be administratively extended by each Party at the direction of the
applicable legislative body with the recommendation of the chief law enforcement officer for
each Party on or before the Termination date for a period of an additional five years by notifying
the other Parties in writing. Any Party which fails to do so by the termination date listed above
shall no longer be a Party to the Agreement.

IX. CANCELLATION PROVISIONS PURSUANT TO A.R.S §38-511

The Parties reserve all rights that each may have to cancel this Agreement for possible conflicts
of interest under A.R.S. § 38-511, as amended.

X. MULTIPLE COUNTERPARTS

This Agreement 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 a Party to its legislative body or equivalent for approval,
that particular counterpart shall have to be signed and executed in accordance with that Party’s
practice. The signature pages from one or more counterparts may be removed from such
counterparts and such signature pages all attached to a single instrument so that the signatures of
all Parties may be physically attached to a single document.

8325904v1 2020-XXX-COS Page 5 of 8 IGA CART 06-01-20

224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268

XI. WORKER’S COMPENSATION

Pursuant to A.R.S. §23-1022(D), for the purposes of worker’s compensation coverage,

an employee of a public agency, as defined in section 11-951, who works under the jurisdiction
or control of or within the jurisdictional boundaries of another public agency pursuant to a
specific intergovernmental agreement or contract entered into between the public agencies as
provided in section 11-952, is deemed to be an employee of both public agencies for the
purposes of this section. The primary employer shall be solely liable for the payment of workers’
compensation benefits for the purposes of this section.

XII. OTHER PROVISIONS

A. In the event that any provision of this Agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not affect the validity or enforceability of
any other provision hereof.

B. This Agreement contains the entire understanding between the Parties with respect to the
subjects hereof and supersedes all prior negotiations and agreements. This Agreement may be
amended only by an instrument in writing and signed by all the participating Parties. The waiver
of any breach of this Agreement shall not be deemed to amend this Agreement and shall not
constitute waiver of any other subsequent breach. Headings are for convenience and shall not
affect interpretation.

C. This Agreement shall be recorded with the appropriate County Recorder as described above
upon its execution and a copy shall be forwarded to each Party.

D. Nothing within this Agreement shall be construed to limit the ability of participating Arizona
Child Abduction Response Team members to individually and outside of this Agreement, or as
otherwise allowed for by law, provide, such assistance in any enforcement action as may be
lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or
matter under consideration.

XIII. COMPLIANCE WITH E-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.

8325904v1 2020-XXX-COS Page 6 of 8 IGA CART 06-01-20

269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313

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.

XIV. NOTICES

Any notice required to be given under this Agreement will be provided to all Parties to this
Agreement. Each party to this agreement shall receive notice to the Chief of Police and to City
or Town Attorneys for that jurisdiction.

IN WITNESS WHEREOF, the Party named below has executed this Agreement on the of
» 20__

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin Phelps, City Manager

ATTEST:

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

Michael D. Bailey. City Attorney

Reviewed By: CA
Chris Briggs, Chief*of Police

City of Glendale, Arizona Police Department

8325904v 1 2020-XXX-COS Page 7 of 8 IGA CART 06-01-20

314 INTERGOVERNMENTAL AGREEMENT DETERMINATION

315

316 In accordance with A.R.S. §11-952, this Agreement has been reviewed by the
317 undersigned who determined that this Agreement is in appropriate form and is within the powers
318 and authority of the respective parties.

319

320 City of Glendale, Arizona

321

322 ~—i By:
323 Michael D. Bailey, City Attorney
324

325 Date:

8325904v1 2020-XXX-COS Page 8 of 8 IGA CART 06-01-20