ICAC IGA MARICOPA COUNTY SHERIFFS OFFICE - FULLY EXECUTED.PDF

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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
Maricopa County Sheriff's Office

THIS Intergovernmental Agreement (“IGA”) is entered into between the City of
Phoenix, Arizona, through the Phoenix Police Department (“PPD” or “Primary
Grantee”), and the County of Maricopa, Arizona, through the Maricopa County
Sheriff's Office (“Affiliate Agency”).

|. RECITALS

1.1. Whereas public agencies are authorized and empowered to enter into
intergovernmental agreements for the provision of services or for 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.

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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 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:

Il. 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.

Ill. 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.

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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.

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 I!CAC-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 Anadditional 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.

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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
Affiliate Agency and the Arizona ICAC Task Force. This IGA will remain in effect 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.

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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, 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.

This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership or other formal business
association or organization of any kind, and the right and obligations of the Parties
shall be only those expressly set forth in this Agreement.

Parties acknowledge that under this IGA no employee or participant of the PPD is to
be considered a County employee, and that no rights of County merit, County
retirement, or County personnel rules shall accrue to such individual. Parties
acknowledge that under this IGA no employee or participant of the Maricopa County
Sheriff's Office is to be considered a PPD employee, and that no rights of PPD merit,
PPD retirement, or PPD personnel rules shall accrue to such individual. The
respective employers shall have total responsibility for all salaries, wages, bonuses,
retirement, withholdings, workman's compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes
and premiums appurtenant thereto concerning such individuals and shall save and
hold the other party harmless with respect thereto.

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.

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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 Attomeys' 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 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

(8) 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.

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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.

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.

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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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CITY CLERK BEPT.

C-So-22-1349-K-0O

IN WITNESS WHEREOF, the parties enter into this Agreement:

Maricopa County, A Political

City of Phoenix, Arizona
An Arizona Municipal Corporation Subdivision of the State of Arizona
(Primary Grantee) (Affiliate)

Paul Penzone

Sheriff
Maricopa County Sheriff's Office

Interim Police Chief
Phoenix Police Department

st c
ie BLO GC _ ver 06 2022
= Bill Gates Date
Chairman
NX Maricopa County Board of Supervisors
ey
Sarresr: ATTEST:
Weel (2 -2L-pie- | auch dy APR 0 6 2022
City’Clerk 1 Date Juahita Garza — Date
Clerk of the Board

APPROVED AS TO FORM: APPROVED AS TO FORM:

wae Date Signature Date

Doe Lect [le Davina Bressler

(Printed Name) (Printed Name)
City Attorney Deputy County 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) Maricopa County (Affiliate)
; A) i, (6) Z Dag Basler —_ Mar 30, 2022
Signature Date Signature Date
or ce lace lle Davina Bressler
(Printed Name) (Printed Name)
City Attorney Deputy County Attorney

Lh OW ZZ 330 wee
bead yuato ALI

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