IGA Information Sharing for Law Enforcement

City of Chandler — Regular Meeting (2023-01-26)

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INTERGOVERNMENTAL AGREEMENT FOR THE SHARING OF LAW
ENFORCEMENT INFORMATION BETWEEN THE CITY OF CHANDLER TOWN
OF GILBERT, THE CITY OF MESA, THE CITY OF TEMPE, AND THE TOWN OF

QUEEN CREEK
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DO NOT REMOVE

THIS IS PART OF THE OFFICIAL DOCUMENT.

INTERGOVERNMENTAL AGREEMENT FOR THE SHARING OF LAW
ENFORCEMENT INFORMATION BETWEEN THE CITY OF CHANDLER
TOWN OF GILBERT, THE CITY OF MESA, THE CITY OF TEMPE, AND THE
TOWN OF QUEEN CREEK

THIS AGREEMENT (“Agreement”) is entered into as of the dates adopted by the
Parties below between the CITY OF CHANDLER, an Arizona municipal corporation
(“Chandler”), the TOWN OF GILBERT, an Arizona municipal corporation (“Gilbert”),
the CITY OF MESA, an Arizona municipal corporation (“Mesa”), the CITY OF TEMPE,
an Arizona municipal corporation (“Tempe”), and the TOWN OF QUEEN CREEK, an
Arizona municipal corporation (“Queen Creek”), collectively known herein as the
“Parties” and each individually as “Party.”

RECITALS

WHEREAS, the Parties are authorized pursuant to A.R.S. § 11-951, et. seg., and
the respective provisions of their Town/City charters, if any, and related code and

ordinances to enter into intergovernmental agreements to carry out public agency services;
and

WHEREAS, the Parties all perform the function of law enforcement within their
respective jurisdictions; and

WHEREAS, the Parties have acquired a law enforcement records management
system to maintain a multi-agency, multi-jurisdictional set of law enforcement applications

and associated databases for their Authorized Users; and

WHEREAS, the Parties will establish a no-cost Interface to provide Access to their
respective law enforcement records management system; and

WHEREAS, implementation of this Intergovernmental Agreement will
substantially further the public safety, health, and welfare.

NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth herein, the Parties agree as follows.

AGREEMENT

I. PURPOSE OF THE AGREEMENT:

The purpose of this Agreement is to define the terms and conditions under which
each Party will access and Use the RMS of the other Party.

IL.

DEFINITIONS:

The following is a definition of terms used herein:

A,

B.
C.

“Access” means the authority granted by each Party to the other Party’s Authorized
Users to review or receive information from their respective RMSs.

“Administration of criminal justice” means as defined by A.R.S. § 41-1750.

“Amendment” means a written document required to be signed by all Parties to the
Agreement, that in any way alters the terms, conditions, or provisions of the
Agreement.

“Authorized Use” means functions and capabilities that a User is assigned and able to
perform based on User ID and Password, as established by an RMS Administrator.

“Authorized User” means any User that has passed the authentication process of the
Party’s RMS and is authorized to Use the RMS’s functions and components based on
the permissions established by that User’s credentials (User ID and password,
fingerprints, etc.).

F. “Confidential Information” means any information contained within any Party’s RMS.

“Criminal History Record Information” and “Criminal History Record” means as
defined by A.R.S. § 41-1750.

“Criminal Justice Information” means as defined by A.R.S. § 41-1750.

“Days” shall mean calendar days, including weekdays, weekends, and holidays,
beginning at midnight and ending at midnight twenty-four hours later, unless otherwise
specified by the Agreement.

“Dissemination (Disseminate)” means as defined by A.R.S. § 41-1750.

“Documentation” means User manuals, and other written and electronic materials in
any form that describe the features or functions of the RMS including, but not limited
to, published specifications, technical manuals, training manuals, and operating
instructions.

“Equipment” means any hardware, machinery, device, tool, computer, computer
components, computer system or other high-technology equipment, including add-ons,
or peripherals of tangible form together with the necessary supplies for upkeep and
maintenance, and other apparatus necessary for the proper execution, installation and
acceptable completion of the RMS.

. “Interface” means a point of interaction between RMS components or the device or

code which enables such interaction; applicable to both Equipment and Software.

. “Intelligence and Investigative Information” means information compiled in an effort
to anticipate, prevent, or monitor possible criminal activity, or compiled in a course of
investigation of known or suspected crimes.

. “Material Breach” means any breach of this Agreement that (a) causes or may cause
substantial harm to the non-breaching party; or (b) substantially deprives the non-
breaching party of the benefit it reasonably expected under this Agreement.

. “Personal Computer (PC)” means computers that are capable of accessing RMS servers
via a CJIS compliant connection.

. “RMS” refers to the law enforcement records management system utilized by any

Party.

. “RMS Administrator” shall mean a specially trained Authorized User that is authorized
to perform RMS administrative functions.

- “RMS Contractor” shall mean the contractor of a Party that provides the respective
RMS for that Party.

. “RMS Manager” is the individual with designated named backups appointed by a Party
to manage and operate their respective RMS on a daily basis.

. “Use” means the authorized Access given to assign Users, permission levels, and
receive information from an RMS.

. “User” shall mean any person employed by or working on behalf of a Party, the Party’s
Bureaus and Divisions, Officers, Directors, and any person or entity authorized by that
Party to provide it with services requiring use of the RMS, and to use the Party’s
resources in whole or in part, in the course of assisting the Party.

. “User Board” shall mean the advisory body for the RMS that operates under the Master
Intergovernmental Agreement for the User Board of the City’s RMS (PSNET),

. “VMC” (Versaterm Message Controller) shall mean the Interface between the RMS
used by a Party as authorized by the RMS Contractor.

Duration, Renewal and Termination:

This Agreement shall become effective on November 1, 2022 and shall remain in

effect until December 31, 2032 unless otherwise amended. Any Party may withdraw from
this Agreement for any reason or no reason at all by giving 60 days written notice to each
Party and filing the notice with the Secretary of State. Withdrawal from this Agreement
by a Party shall not affect the terms of this Agreement as it pertains to the other Parties.
Each Party reserves the right to withdraw from this Agreement for possible conflicts of
interest in accordance with A.R.S. § 38-511. This Agreement shall automatically renew

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under the same terms and conditions, including any adopted amendments in effect at the
time of renewal.

IV. System Access:

Each Party will contract with the RMS Contractor and will purchase its own
license(s) necessary to Access the Party’s own RMS. The RMS Contractor will provide a
VMC to VMC Interface allowing each Parties’ RMS to share data. Each Party, by and
through their respective Chief of Police or their designee, shall determine, at its sole and
absolute discretion, what Confidential Information will be accessible by another Party
through the VMC to VMC Interface.

Vv. Parties’ Responsibilities:

Each Party is responsible for providing the RMS Contractor with VMC to VMC
Interface for Access to the Party’s RMS in exchange for Access to another Party’s RMS.

Each Party is responsible for providing procedures, instructions, and other
documents for its RMS to the other Parties regarding what data from its RMS will be
available for sharing. If any Party does not provide Access to its RMS to another Party,
there is no obligation of the other Party to provide access to its own RMS in reciprocation.

Each Party is responsible for ensuring that audit logs are maintained in their
respective RMS in accordance with Criminal Justice Information System (“CJIS”)
requirements.

Each Party warrants it has complied and shall comply with ail applicable laws,
ordinances, orders, decrees, labor standards, and regulations of its domicile and wherever
performance occurs in connection with the execution, delivery, and performance of this
Agreement.

Each Party acknowledges and agrees that its respective employees will only Access
another Party’s RMS for an Authorized Use. Permission to Access information in another
Party’s RMS other than for an Authorized Use is strictly prohibited and shall only occur if
prior permission is obtained in writing from the other Party.

Each Party acknowledges and agrees that its respective employees and
subcontractors will only Access the other Party’s RMS and information available in or
through that RMS as authorized in this Agreement. Permission to Access the RMS or
information available in or through the RMS other than as authorized in this Agreement
shall be obtained in writing from the Party that control’s the RMS before any such Access.

Each Party is responsible for providing its own Equipment, including PCs, and
other devices required by the Users of the RMS.

Each Party is responsible for providing secure network Access that meets CJIS
security requirements to its own RMS and for providing secure network connectivity to the
VMC Interface that meets CJIS security requirements.

Each Party is responsible for ensuring that its respective network infrastructure and
workstations with Access to the other Party’s RMS comply with the most current CJIS
security policy including, but not limited to, the physical security of workstations that are
able to Access the other Party’s RMS, access control, identification and authentication,
information flow enforcement, and system and information integrity.

Each Party is responsible for resolving any problems uncovered as a result of an
audit.

Each Party reserves the right to request and receive within a reasonable time period,
verification of the other Party’s compliance with CJIS security policy.

Each Party is responsible for ensuring that its Users granted Authorized Use of the
other Party’s RMS comply with the appropriate CJIS security requirements.

VI. Confidentiality:

The Parties shall treat as confidential any Confidential Information that has been
made known or available to them or that was received, learned, heard or observed, or to
which the Parties had access to the same extent the Parties would treat Confidential
Information in their own RMS. The Parties shall use Confidential Information exclusively
for the Party’s benefit and in furtherance of this Agreement. Except as may be expressly
authorized in writing by the Parties, in no event shall the Parties publish, use, discuss,
cause, or permit to be disclosed to any other person such Confidential Information. The
Parties shall (1) limit disclosure of the Confidential Information to those directors, officers,
employees and agents of the Parties who need to know the Confidential Information, (2)
exercise reasonable care with respect to the Confidential Information, at least to the same
degree of care as the Parties employ with respect to protecting its own proprietary and
Confidential Information, and (3) return immediately to the Party who provided the
information, upon its request, all materials containing Confidential Information in
whatever form, that are in the Party’s possession or custody or under its control. The
Parties are expressly restricted from and shall not use Confidential intellectual property of
the Parties without that Party’s prior written consent.

Each Party acknowledges that it is subject to the Arizona Public Records Law(s)
and Federal law. Third persons may claim that the Confidential Information may be, by
virtue of its possession by a Party, a public record and subject to disclosure. The Party
receiving a public records request agrees, consistent with the Arizona Public Records
Law(s), not to disclose any information that exists solely in another Party’s RMS; however,
a Party’s commitment to maintain information confidential under this Agreement are all
subject to the constraints of Arizona and Federal laws. Within the limits and discretion

allowed by those laws, the Parties will maintain the confidentiality of another Party’s
Confidential Information.

The Parties acknowledge and agree that the Parties own their own data in the RMS.
RMS data can only be disclosed by the agency that entered it. In the event of a public
record request for RMS data which belongs to another Party, the Party or receiving Party
shall inform both the requestor and the appropriate Party that it is not the custodian of
record for the requested data and identify the Party that may be able to comply with the
public record request.

VII. —— Limits on Dissemination:

Each Party’s Dissemination of Criminal Justice Information available in or through
each RMS shall! follow current Criminal Justice Information Security policies and
procedures and other applicable state and/or federal laws.

VIII. Information Control and Responsibility:

Each Party will provide the other with a list of its respective Users and devices that
are permitted Access to its RMS on an annual basis. Each Party shail verify the list and
report any discrepancies within 60 Days. Each Party shall update the list of Authorized
Users and devices to its respective RMS Administrators in a timely manner.

IX. Equitable Remedies:

Each Party acknowledges that unauthorized disclosure of Confidential Information
or misuse of a computer system or network used to Access the other Party’s RMS will
result in irreparable harm to the other Party. In the event of any dispute, claim, question,
or disagreement arising from or relating to this Agreement or the breach thereof, and prior
to any seeking of equitable relief, the affected Parties hereto will use their reasonable
efforts to settle the dispute, claim, question, or disagreement. To this effect, they will
consult and negotiate with each other in good faith and, recognizing their mutual interests,
attempt to reach a just and equitable solution satisfactory to all affected Parties. The Parties
acknowledge that disputes arising from this Agreement may be subject to non-binding
arbitration in accordance with applicable state law and court rules. In the event of a breach
or threatened breach of this Agreement, and after reasonable consult and negotiation, the
affected Party may obtain equitable relief prohibiting the breach, in addition to any other
appropriate legal or equitable relief. The Parties agree to waive any punitive, indirect, and
consequential damages.

X. Security:

Physical Security — Each Party is responsible for maintaining the physical security
of all devices that are authorized to Access the other Party’s RMS, as well as any printed
output (if authorized) or RMS Documentation which might permit unauthorized Access to,
or Use of the RMS.

On-Line Security — Each RMS contains procedures and tools to ensure that only
authorized Users and devices can Access the information available in or through the Party’s
RMS. The Parties’ Users will be required to enter their own assigned User IDs and
passwords before gaining Access to the RMS, RMS functions, and RMS data.

Each Party is responsibie for issuing unique individual RMS User IDs and
passwords to its own Users. Each Party acknowledges and agrees that its employees will
not share User IDs and passwords.

Personnel Security — Any individuals that are provided Access to the RMS by a
Party shall comply with that Party’s hiring and training standards, and shall use the RMS
according to that Party’s policies, procedures, and guidelines.

Each Party acknowledges and agrees to comply with applicable CJIS security
policy, including, but not limited to, verifying identification, performing a state of
residency and national fingerprint-based record check prior to Access in the RMS for all
personnel who have direct access to Criminal Justice Information through the Party’s RMS
and for that Party’s employees or contractors who have direct responsibility to configure
and maintain computer systems and networks with direct Access to Criminal Justice
Information through the Party’s RMS. If applicable, a Party shall deny or terminate Access
and deny issuing or revoke a RMS User ID and password if, upon investigation, the Party’s
employee requesting or currently Using a RMS User ID and password is found to be in
violation of current CJIS policy.

Each Party acknowledges and agrees to notify the affected Party immediately to
deactivate the RMS User ID and password of any person who is no longer an Authorized
User.

Each Party shall provide immediate written notification to the RMS Manager of
any security breach that does or may affect the RMS. Parties shall provide written
notification to the RMS Manager of any incident relating to RMS integrity such as a
computer virus or unauthorized RMS queries.

A Party may suspend the other Party’s Access to its RMS in accordance with
Section XIV if the other Party fails to comply with the minimum CJI security policy
requirements as provided in this Agreement until such failures are corrected to the Party’s
satisfaction.

XI. Proprietary Rights:
All trademarks, service marks, patents, copyrights, trade secrets, and other

proprietary rights in or related to each Party are and will remain the exclusive property of
that Party.

XH. Payment:

Except as provided in further in this section, there is no payment associated with
this Agreement. The data shall be shared between the Parties through a no-cost VMC
Interface Accessed through each Party’s respective RMS.

Additional services and/or RMS functions provided by the Parties that are not
routinely provided to other Parties under this Agreement shall be added via Amendment
and may add a cost to this Agreement.

XI. = Audits:

A Party, either directly or through a designated representative, may conduct
performance audits directly related to this Agreement in accordance with generally
accepted accounting principles. Copies of applicable records shall be made available at no
cost to the Party requesting the records.

XIV. Violations of this Agreement:

In the event of violation of the provisions of this Agreement or violation of the CJIS
security policy by a Party, each of the non-violating Parties shall have the authority to
immediately restrict or prohibit Access to its RMS to any person or Party until a resolution
of the problem occurs to the satisfaction of the restricting or prohibiting Party. The Party
that violated this Agreement or the CJIS security policy shall be notified, in writing, of
such action and given thirty (30) days to cure the violation before Access is restricted or
prohibited.

XV. Agreement to Hold Harmless:

Each Party shall indemnify, defend, and hold harmless the other Parties and any of
its departments, agencies, officers, or employees from any and all claims, demands, suits,
actions, proceedings, loss, cost, and damages of every kind and description, including
reasonable attorneys’ fees and/or litigation expenses (collectively referred to in this
paragraph as the “Claims”), which may be brought or made against or incurred by such
Party on account of loss of or damage to any property or for injuries to or death of any
person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged
act, omission, professional error, fault, mistake, or negligence of the indemnifying Party,
its employees, officers, directors, agents, representatives, or contractors (or their
employees, agents, or representatives) in connection with or incident to the performance of
this Agreement. The indemnifying Party’s obligations under this paragraph shall not
extend to any Claims to the extent caused by the negligence of the other Parties. Each
Party’s obligations under this paragraph shall survive the termination of this Agreement.

XVI.

Notices:

All notices, requests for payment, or other correspondence between the Parties
regarding this Agreement shall be in writing and mailed or delivered to the respective
Parties as follows:

If to Chandler:

If to Gilbert:

If to Mesa:

If to Tempe:

If to Queen Creek:

XVI.

executed by the Parties.

Amendments:

Chief of Police

Chandler Police Department
250 E. Chicago Street
Chandler, Arizona 85225

Chief of Police

Gilbert Police Department
75 E. Civic Center Drive
Gilbert, Arizona 85296

Chief of Police

Mesa Police Department
130 N. Robson

Mesa, Arizona 85201

Chief of Police

Tempe Police Department
120 E. Fifth Street
Tempe, Arizona 85281

Chief of Police

Queen Creek Police Department
20727 Civic Parkway

Queen Creek, Arizona 85142

Except as a section or subsection may otherwise specifically provide, limit, or
prohibit, the Parties may amend this Agreement at any time only by written Amendment

Any changes to the provisions of this Agreement shall be in the form of an
Amendment. No provision of this Agreement may be amended unless such Amendment
is approved as to form by the Parties’ legal counsel and executed in writing by authorized
representatives of the Parties, If the requirements for Amendment of this Agreement as
described in this section are not satisfied in full, then such Amendments automatically will
be deemed null, void, invalid, non-binding, and of no legal force or effect.

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XVHI. ‘Interpretation:

The terms and conditions of this Agreement shall be liberally construed in
accordance with the general purposes of this Agreement and according to Arizona law.
This Agreement shall be construed according to the laws of the State of Arizona without
reference to its conflict of law provisions.

XIX. Force Majeure:

In the event that a Party is unable to perform any of its obligations under this
Agreement (or in the event of loss of Use) due to natural disaster, actions, or decrees of
governmental bodies or communications line failure not the fault of the affected Party
(hereinafter referred to as a “Force Majeure Event”), the Party who has been so affected
shall immediately give notice to the other Party and shall do everything possible to resume
performance.

If the period of nonperformance exceeds fifteen (15) calendar days from the receipt
of notice of the Force Majeure Event, a Party whose ability to perform has not been so
affected may, by giving written notice in accordance with Section III, withdraw from the
Agreement.

XX. Other Duties Imposed by Law:

Nothing in this Agreement shall be construed as relieving the Parties of any
obligation or responsibility imposed on it by law.

XXIL = Waiver of Terms and Conditions:

The failure of either Party to insist in any one or more instances on performance of
any of the terms or conditions of this Agreement, or to exercise any right or privilege
contained herein, shall not be considered as thereafter waiving such terms, conditions,
rights, or privileges, and they shall remain in full force and effect.

XXII. Conflict of Interest:

The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of
interest shall apply to this Agreement.

XXIII. Compliance with Laws and Policies:

The Parties shall comply with all federal, state, local laws, rules, regulations,
standards, and Executive Orders, without limitation to those designated within. this
Agreement. The laws and regulations of the State of Arizona shall govern the rights of the
Parties, the performance of this Agreement, and any disputes hereunder. Furthermore, the
Parties agree to abide by each Party’s policies to the extent appropriate and required or
permitted by law.

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XXIV. Employment Status and Compensation of Law Enforcement Officers:

Except as otherwise provided by law, specifically A.R.S. § 23-1022(D)(f
applicable), in the performance of this Agreement, each Party hereto will be acting in its
individual governmental capacity and not as an agent, employee, partner, joint venture, or
associate of the other and that no employees of a Party will be working under the
jurisdiction and control of any other Party pursuant to this Agreement. The employees,
agents, or subcontractors of each Party shall not be deemed or construed to be the
employees or agents of any other Party.

XXV. Workers’ Compensation/Posting:

Pursuant to A.R.S. § 23-1022(D), for the purposes of workers’ compensation
coverage, the Parties agree to provide any posting and notice to the employees, as required
A.R.S. § 23-1022(E) or otherwise provided by law.

XXVIL Compliance with Civil Rights:

The Parties to this Agreement agree to comply with A.R.S. Title 41, Chapter 9
(Civil Rights), Arizona Executive Orders 75-5 and 99-4, and any other federal or state laws
relating to equal opportunity and non-discrimination, including the Americans with
Disabilities Act. No Party shall engage in any form of illegal discrimination with respect
to applications for employment or student status or employees.

XXVIII. Compliance with the E-VERIFY Program:

To the extent provisions of A.R.S. § 41-4401 are applicable, each Party warrants to
the other 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.RS. § 23-214(A).

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.

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.

Either Party may conduct a random verification of the employment records of the
other Party to ensure compliance with this warranty.

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).

The provisions of this Section are required by A.R.S. § 41-4401 to be included in
any contract either Party enters into with any and all of its contractors or subcontractors
who provide services under this Agreement.

XXVIII. No Joint Venture:

It is not intended by this Agreement to, and nothing contained in this Agreement
shall, be construed to create any partnership, joint venture, or employment relationship
between the Parties or create any employer-employee relationship between the Parties’
employees. Neither Party shall be liable for any debts, accounts, obligations, or other
liabilities whatsoever of the other Party, including, but without limitation, the other Party's
obligation to withhold Social Security and income taxes for itself or any of its employees.

XXIX. No Third-Party Beneficiaries:

Nothing in this Agreement is intended to create duties or obligations to or rights in
third parties not Parties to this Agreement or affect the legal liability of either Party to the
Agreement by imposing any standard of care different from the standard of care imposed
by law.

XXX. Non-Assignment:
Neither Party shall assign its interest in this Agreement, either in whole or in part.
XXXII. Severability:

Ifany part, term, or provision of this Agreement shall be held illegal, unenforceable,
or in conflict with any law, the validity of the remaining portions and provisions hereof
shall not be affected.

XXXII. Survival:

All obligations relating to confidentiality, indemnification, publicity,
representations and warranties, and proprietary rights as stated in this Agreement shall
survive the termination or expiration of this Agreement.

XXXII. Governing Law, Dispute Resolution, and Jurisdiction:
The laws of the State of Arizona shall govern this Agreement. Venue will be in the

Maricopa County Superior Court. In the event of any litigation or arbitration arising out
of this Agreement, the substantially prevailing Party in such litigation or arbitration shall

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be entitled to recover its reasonable attorneys’ fees, expert witness fees, and other costs of
litigation.

XXXIV. Method of Execution:

This agreement may be executed in one or more identical counterparts each of
which shall be deemed an original, but all of which taken together shall constitute one
agreement.

XXXV. = Entire Agreement:
This Agreement represents the entire agreement between the Parties and supersedes
all prior negotiations, representations, or agreements, either expressed or implied, written,
or oral. It is mutually understood and agreed that no alteration or variation of the terms

and conditions of this Agreement shall be valid unless made in writing and signed by the
Parties.

SIGNATURES ON FOLLOWING PAGES

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CITY OF CHANDLER

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of this
day of » 2022:

, Mayor

ATTEST:

, City Clerk

APPROVED AS TO FORM: The undersigned attorney acknowledges that they have reviewed
the above agreement on behalf of Chandler, and has determined that this Agreement is in proper
form and is within the powers and authority granted to Chandler under the laws of the State of
Arizona.

, City Attorney gu

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TOWN OF GILBERT

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of this
day of , 2022:

Brigette Peterson, Mayor

ATTEST:

Chaveli Herrera, Town Clerk

APPROVED AS TO FORM: The undersigned attorney acknowledges that they have reviewed.
the above agreement on behalf of Gilbert, and has determined that this Agreement is in proper
form and is within the powers and authority granted to Gilbert under the laws of the State of
Arizona.

Chris Payne, Town Attorney

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CITY OF MESA

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of this
day of , 2022:

, Mayor

ATTEST:

, City Clerk

APPROVED AS TO FORM: The undersigned attorney acknowledges that they have reviewed
the above agreement on behalf of Mesa, and has determined that this Agreement is in proper
form and is within the powers and authority granted to Mesa under the laws of the State of
Arizona.

, City Attorney

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CITY OF TEMPE

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of this
day of , 2022:

, Mayor

ATTEST:

, City Clerk

APPROVED AS TO FORM: The undersigned attorney acknowledges that they have reviewed
the above agreement on behalf of Tempe, and has determined that this Agreement is in proper
form and is within the powers and authority granted to Tempe under the laws of the State of
Arizona.

, City Attorney

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TOWN OF QUEEN CREEK

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of this
day of , 2022:

, Mayor

ATTEST:

, Town Clerk

APPROVED AS TO FORM: The undersigned attorney acknowledges that they have reviewed
the above agreement on behalf of Queen Creek, and has determined that this Agreement is in
proper form and is within the powers and authority granted to Queen Creek under the laws of
the State of Arizona.

, Town Attorney

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