IGA Information Sharing for Law Enforcement
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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 # 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 4 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. 10 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. 11 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 13 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 14 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 15 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 16 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 17 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 18 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 19