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HomeMy WebLinkAboutResolution 2003-113 MOU with tucson to share law enforcement information through coplink softwareMARANA RESOLUTION NO. 2003-113 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING (INTERGOVERNMENTAL AGREEMENT) WITH THE CITY OF TUCSON TO SHARE LAW ENFORCEMENT INFORMATION THROUGH THE JOINT USE OF COPLINK SOFTWARE. WHEREAS, the Police Departments of the Town of Marana and the City of Tucson have each acquired licenses to operate COPLINK computer software, to facilitate the coordination and sharing of law enforcement information; and WHEREAS, it is necessary and prudent for the Town of Marana and the City of Tucson to enter into a formal agreement setting forth the terms for sharing their law enforcement information with one another and with other law enforcement agencies that link into the City of Tucson COPLINK law enforcement information node; and WHEREAS, the cooperation and coordination of law enforcement agencies' information will significantly promote the public health, safety and welfare by facilitating the swift apprehension of criminal offenders. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, approving and authorizing the Mayor to execute a memorandum of understanding (intergovernmental agreement) with the City of Tucson for sharing law enforcement information, in the form presented to the Mayor and Council concurrently with this Resolution, and authorizing the Town Manager and the Police Chief to execute any and all further documentation and undertake all other tasks required to carry out the terms, obligations and objectives of the memorandum of understanding. PASSED AND ADOPTED by the Mayor and Council of the Towm of Marana, Arizona, this 7th day of October, 2003. Mayor BO]~YISLrrrON, JR. MEMORANDUM OF UNDERSTANDING BETWEEN TOWN OF MARANA AND CITY OF TUCSON FOR SHARING LAW ENFORCEMENT INFORMATION This Memorandum of Understanding for Sharing Law Enforcement Information, (hereinafter called "MOU"), is made and entered into by and between the Town of Marana, a municipal corporation duly organized and existing under the laws of the State of Arizona, located at 13251 N. Lon Adams Road, Marana, Arizona, (hereinafter called "MARANA"), and the City of Tucson, a municipal corporation duly organized and existing under the laws of the State of Arizona, located at 103 E. Alameda Street, Tucson, Arizona, (hereinafter called "TUCSON"). The parties are sometimes referred to jointly herein as "AGENCIES" and individually as "AGENCY." RECITALS: AGENCIES desire to share law enforcement information owned by each AGENCY under the conditions set forth in this MOU. Bo AGENCIES desire to facilitate the sharing of law enforcement information owned by AGENCIES other than MARANA and TUCSON for which AGENCIES have been allowed custodial status by agreements with these Agencies, (hereinafter called "MEMBER AGENCIES") AGREEMENT: IT IS HEREBY AGREED, by and between the parties as follows: 1.0 Definitions: 1.1 Licensed Software: Shall refer to and mean all computer programs and supporting Agreement between MARANA and Knowledge Computing Corporation. 1.2 COPLINK: Shall refer to and mean the CONNECT and DETECT application modules and any other application modules licensed to AGENCIES by Knowledge Computing Corporation as part of the COPLINK system. 1.3 Member: Agency: Shall refer to and mean any law enforcement, public safety, or criminal justice agency that has entered into agreement with MARANA and/or TUCSON to share law enforcement information using COPLINK. TOWN OF MARANA/C~TY OF TUCSON COPLINK MOU PAGE 2 OF 4 1.4 1.5 Knowled,qe Computing Corporation: An Arizona corporation with its principal place of business at 6601 E. Grant Road, Suite 201, Tucson AZ. 85715 and the owner and developer of COPLINK. Data Repository: Shall refer to the web servers, database servers, and backend databases maintained by MARANA and TUCSON to facilitate the sharing of law enforcement information between MARANA and TUCSON and other MEMBER AGENCIES. 2.0 Effective Date and Term of MOU 2.1 Effective Date: The effective date of the MOU shall be the date first written above. 2.2 Term: The term of this MOU shall commence upon the Effective Date, and shall continue until either AGENCY provides (30) days prior written notice to the other AGENCY of its intent to terminate the other AGENCY'S access to its records (law enforcement information). 3.0 Data Access and Security Requirements 3.1 Data Access: Access to AGENCIES' law enforcement information will be provided utilizing the TCP/IP communications protocol over a network segment maintained by the Arizona Department of Public Safety or any other secure network configuration that is mutually acceptable to the AGENCIES. AGENCIES further agree to make the law enforcement information residing in the COPLINK data repositories hosted by the AGENCIES available on a 24-hour a day, 7 days a week basis with downtime limited to those hours required for any necessary system maintenance activities. AGENCIES agree to inform each other and MEMBER AGENCIES in advance, whenever possible, of scheduled system downtimes. 3.2 Data Sharing: COPLINK data hosted by MARANA or by TUCSON will be shared with MEMBER AGENCIES that have entered into agreements with MARANA or TUCSON. MARANA and Tucson agree not to facilitate information sharing between AGENCIES and/or MEMBER AGENCIES that have not entered into agreements allowing such sharing. Data sharing between COPLINK nodes and their member agencies will be will be subject to the same agreements herein. 3.3 Security Requirements: AGENCIES agree to enforce and maintain security requirements for COPLINK systems and networks as specified in the Technical Requirements Section of the Federal Bureau of Investigation's Criminal Justice Information Systems Security Policy. Exceptions to the above policy shall not be implemented by either AGENCY without the approval of the other AGENCY. AGENCIES further agree that the law enforcement information hosted in the COPLINK data repositories shall be used for law enforcement purposes only, and that only law enforcement agency employees that have been subject to background screening will be allowed access to the COPLINK system. Background screenings must be fingerprint-based including checks of both the state and national criminal TOWN OF MARANA/C~TY OF TUCSON COPLINK MOU PAGE 3 OF 4 history repositories. If a felony conviction of any kind is found, access to COPLINK shall not be granted. 4.0 Information Ownership, Constraints on Release and Accuracy: 4.1 Ownership and Release Constraints: AGENCIES and MEMBER AGENCIES shall maintain ownership of all of their information at all times. Any requests for access to information hosted in COPLINK Data Repositories that is not authorized under current agreements between the requestor and the owner(s) of the information, will be referred to the owner(s) of the information being requested. Information shall not be made available to any unauthorized requestor without the approval of its owner or owners. AGENCIES agree that the restriction established by this provision may not apply when responding to orders of the Court. 4.2 Information Accuracy: AGENCIES agree that the law enforcement data maintained in the COPLINK data repositories consists of information that may or may not be accurate. To the extent permitted by law, AGENCIES agree to hold information owners' blameless for any harm that may arise due to the inaccuracy of any information they have submitted. 5.0 Miscellaneous: 5.1 To the extent this MOU constitutes a contract for services or a joint exercise of powers common to MARANA and TUCSON, it shall be considered an intergovernmental agreement executed under the authority of A.R.S. § 11 952. 5.2 Upon execution by the AGENCIES, this MOU shall be filed with the Office of the Pima County Recorder, in conformance with A.R.S. § 11-952(G). 5.3 This MOU is subject to A.R.S. § 38 511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the AGENCIES hereto have executed this MOU as of the last date set forth below their respective signatures, which shall be the effective date of this MOU. MARANA: THE TOWN OF MARANA, an Arizona municipal corporation TUCSON: THE CITY OF TUCSON, an Arizona municipal corporation By: Bobby Sutton, Jr., Mayor By: Robert Walkup, Mayor Date: Date: TOWN OF MARANAJCITY OF TUCSON COPLINK MOU PAGE 4 OF 4 ATTEST: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO CONTENT: Kathleen S. Detrick, City Clerk APPROVED AS TO CONTENT: Richard Vidaurri, Police Chief Richard Miranda, Police Chief ATTORNEY CERTIFICATION The undersigned attorneys for the Town of Marana and the City of Tucson have determined, each as to their respective client only, that this MOU is in proper form and is within the powers and authority granted under Arizona law to the Town of Marana and the City of Tucson. Frank Cassidy, Town Attorney Michael D. House, City Attorney