Contract - Austin Regional Intelligence Center (ARIC) - 9/26/2024 DocuSign Envelope ID:9AAF6143-A2AO-4DDA-BFCB-7FOCAFAEFC3D
AMENDED AND RESTATED
INTERLOCAL AGREEMENT
FOR THE
AUSTIN REGIONAL INTELLIGENCE CENTER(ARIL)
This Amended and Restated Interlocal Agreement (the "Agreement') is made
and entered by and between the following parties:
City of Austin on behalf of its Police Department,
City of Austin on behalf of its Fire Department,
Austin Independent School District on behalf of its Police Department,
City of Georgetown on behalf of its Police Department,
Hays County through Hays County Sheriff's Office,
City of Pflugerville on behalf of its Police Department,
City of Round Rock on behalf of its Police Department,
City of San Marcos on behalf of its Police Department,
Travis County through Travis County Sheriffs Office,
University of Texas on behalf of its Police Department,
Williamson County through Williamson County Sheriffs Office,
Austin Community College on behalf of its Police Department,
Texas State University on behalf of its Police Department,
City of Cedar Park on behalf of its Police Department,
Pflugerville Independent School District on behalf of its Police Department,
City of Kyle on behalf of its Police Department,
City of Buda on behalf of its Police Department,
City of Sunset Valley on behalf of its Police Department,
City of Manor on behalf of its Police Department,
City of Lakeway on behalf of its Police Department,
City of Westlake Hills on behalf of its Police Department,
City of Bee Cave on behalf of its Police Department,
Hutto Independent School District on behalf of its Police Department,and
City of Elgin on behalf of its Police Department
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St. Edwards University on behalf of its Police Department
Concordia University on behalf of its Police Department
(Collectively referred to as the"Partner Agencies"or"Parties").
RECITALS
HISTORY OF THE ARIC
I. The Austin Regional Intelligence Center(ARIC) is a collaborative effort of public
safety agencies in the designated area of responsibility(ARIC Partner Agencies or
Partner Agencies). ARIC Partner Agencies work together to provide resources,
expertise, and information to the ARIC. The ARIC focuses on regional public
safety data analysis. The mission of the ARIC is to maximize the ability to detect,
prevent, apprehend, and respond to criminal and terrorist activity.
2. During the summer and fall of 2010, each of the ten original ARIC Partner
Agencies' governing bodies approved an Interlocal Cooperation Agreement
(authorized under chapter 791 of the Government Code) that established and
outlined the intent of the Partner Agencies to centralize efforts and co-locate
(Original Agreement). Further, the Original Agreement established a framework
for the organization of the ARIC. The Original Agreement set out a common
understanding of the policies and procedures that the ARIC currently follows in
providing criminal intelligence and coordination of law enforcement services to
the citizens in the Austin-Round Rock metropolitan area.
3. The Original Agreement assigns the primary responsibility for the operation of
the ARIC to the City of Austin through its Police Department(APD). Further,the
Original Agreement assigns the City of Austin, hereafter known as The City, as
the Fiscal Agent for grants provided in support of the ARIC, and requires that it
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provide office space, equipment, and supplies in order to carry out the
administrative operation of the ARIC.
4. During the fall and winter of 2012 and into 2013, the Partner Agencies entered
into a second Interlocal Cooperation Agreement that created a mechanism to fund
the technology and related systems necessary for the continued operations of the
Center(Sustainment Funding Agreement).
5. In 2017, the Partner Agencies amended the Original Agreement and the
Sustainment Funding Agreement to add additional Partner Agencies, and to
authorize the City of Austin to enter into separate collateral agreements, to be
known as Partner Equivalent Agency Agreements, as necessary, to allow certain
non-governmental agencies, to be known as Partner Equivalent Agencies, to
assume obligations and receive benefits equivalent to Partner Agencies. Each
Partner Equivalent Agency Agreement must include the same terms of
understanding contained in the Original Agreement and the Sustainment Funding
Agreement in substantially the same format as the Original Agreement and the
Sustainment Funding Agreement.
6. In 2022, the Partner Agencies amended the Original Agreement and Sustainment
Funding Agreement to include additional Partner Agencies.
7. This Amended and Restated Interlocal Agreement merges the Original Agreement
and Sustainment Funding Agreement and streamlines the administrative process
of approving new partner agencies.
NOW, THEREFORE, the Parties amend and restate the Original Agreement and
Sustainment Funding Agreement.
AGREEMENT
PART ONE
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Governance and Management
I. AUTHORITY AND LIMITATIONS TO APPLICABILITY
Authority for entering into this Agreement is found in the Interlocal Cooperation Act,
Texas Government Code Chapter 791. Additional authority is found in the Texas
Constitution and laws of the State of Texas. This Agreement is not intended, and should
not be construed, to create any right or benefit, substantive or procedural, enforceable at
law or otherwise by any third party against the Parties, the United States, or the officers,
employees,agents,or other associated personnel thereof.
lI. PURPOSE
This Agreement establishes and outlines the intent of the Partner Agencies to
centralize effort and co-locate. The intent of the ARIC is to be an all-crimes information
analysis center that uses a collaborative approach to identify,prevent,disrupt and respond
to criminal threats to the safety and security of the Austin-Round Rock metropolitan area.
Further, the Agreement establishes a framework for the organization of the ARIC
and to address crime-related issues that are common to the Partner Agencies. The
Agreement is to set out a common understanding of the policies and procedures that the
ARIC will follow, in providing criminal intelligence and coordination of law enforcement
service to the citizens in the Austin-Round Rock metropolitan area. Nothing in this
Agreement should be construed to supersede previous agreements entered into between
the Universities and the City or between the City and other agencies. The ARIC will not
operate to the exclusion of any existing intelligence programs of the Universities, Partner
Agencies, and other Partner Equivalent Agencies.
III. MISSION
The Mission of the ARIC is to provide a centralized, comprehensive, multiagency
criminal information and intelligence sharing network to enhance the operational
effectiveness and efficiency of the law enforcement agencies involved in order to better
protect the public. The ARIC provides real-time actionable criminal intelligence by
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utilizing technology to identify trends and patterns in criminal activity. The ARIC
facilitates the collection, integration, evaluation, analysis and dissemination of criminal
information and intelligence through established procedures for law enforcement and
homeland security.
IV. GOVERNANCE AND OVERSIGHT
Primary responsibility for the operation of the ARIC is assigned to the Austin Police
Department (APD). The Center's governance consists of an Executive Board,
Operational Management Team, Center Director, and Privacy Officer, each described
below.
A. The Executive Board shall be comprised of the heads of the five major
Law Enforcement entities in the Austin-Round Rock metropolitan area, or
their designee(s), and chaired by the APD police chief or designee. The
Executive Board shall meet as needed and as agreed upon by Board
members. This Board shall:
1. Resolve conflicts or disputes that might arise related to policy or
mission;
2. Establish protocol concerning the treatment of violations of this
Agreement;
3. Control the dissemination of any information produced by the ARIC
including specific alerts and bulletins to agencies inside and outside
the region;
4. Resolve disputes between Partner Agencies and Partner Equivalent
Agencies arising from the operation and activity of the ARIC;
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5. Review and update the ARIC Privacy Policy annually based upon
recommendations by the Privacy Policy Advisory Committee
(described below), and changes in applicable law;
6. Shall provide an annual report to Partner Agencies and Partner
Equivalent Agencies on the status and efficacy of the Privacy Policy
and ARIC based upon internal and external audits conducted and/or
coordinated by the ARIC Operational Management Team (described
below).
B. The APD police chief or designee will appoint a Center Director, who will
be responsible for the day to day operation of the Center. The Center
Director will establish needed procedures, practices, and protocols and
utilize advanced software and technology tools. The Center Director will
also develop physical security measures to ensure information and
intelligence are protected from unauthorized access, modification, theft or
sabotage, whether internal or external, or disasters or intrusions by natural
or human causes, and ensure that such information and intelligence is only
accessed by authorized personnel with the appropriate access and need to
know or right to know.
C. The ARIC Operational Management Team (Management Team) will be
responsible for: technology, use of ARIC information and intelligence
databases,conducting and/or coordinating internal and external audits, and
investigating misuse of the Center's data resources.
D. The ARIC shall have a trained Privacy Officer who is appointed by the
Center Director and who assists the Management Team in investigating
violations of this policy. The Privacy Officer shall receive and investigate
reports of alleged errors in information and intelligence, coordinate error
resolution under the Center's redress policy, serve as the liaison for the
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Information Sharing Environment, and coordinate with other fusion
centers in the State of Texas. The Privacy Officer shall coordinate with the
Center Director to ensure adherence to enforcement procedures, and that
such procedures are adequate. The Privacy Officer shall also review all
analytical products to ensure that they provide appropriate privacy, civil
rights, and civil liberties protections prior to dissemination or sharing by
the center. The Privacy Officer can be contacted through the public ARIC
website.
V. COLLECTION LIMITATION
A. The ARIC may only seek or retain information that was gathered in a fair and
lawful manner, wherein the source is reliable, and the content is valid or
limitations on confidence are identified and with the knowledge and consent
of the individual, if appropriate,and falls into the following categories:
1. Is suspicious activity that has a potential terrorism or criminal nexus and
constitutes a suspicious action report (SAR) or information sharing
environment-suspicious action report (ISE-SAR) information under the
Information Sharing Environment Functional Standard;or
2. Is relevant to the investigation and prosecution of suspected criminal,
including terrorist,activity,the justice system response, and the prevention
of crime or is useful in crime analysis or in the administration of justice
and public safety(including topical searches of open source information).
B. Within the Criminal Intelligence System, the ARIC shall collect and retain
information only where there is reasonable suspicion that a specific individual
or organization has committed a criminal offense or is involved in or is
planning criminal (including terrorism) conduct or activity that presents a
threat to any individual, the community, or the nation and the information is
relevant to the criminal(including terrorist)conduct or activity.
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C. This policy applies to information or intelligence that identifies any individual
or organization as a criminal subject. The ARIC will not seek,collect or retain
information about an individual or organization, and originating agencies will
not submit such information, solely based on religious, political, or social
views or activities; participation in a particular organization or event; or race,
ethnicity, citizenship, place of origin, age, disability, gender, or sexual
orientation. Further, these factors will not be considered as factors that create
suspicion, except if used as part of a specific suspect description.
D. Information obtained from or through the ARIC can only be used for lawful
purposes. A lawful purpose means the request for data is directly linked to a
law enforcement agency's active criminal investigation or is in response to
confirmed information that requires intervention to prevent a criminal act or
other threat to public safety. All information disseminated from the ARIC
related to criminal activity that identifies a criminal subject must be relevant
and useful in aiding an authorized and active criminal or background
investigation.
E. The ARIC incorporates the collection, assessment, retention/storage, security,
and sharing of SAR and ISE-SAR information into existing processes and
systems used to manage other crime related information to protect information
and intelligence, as well as privacy and civil liberties. All constitutional
protections and individual agency policies and procedures that apply to a law
enforcement officer's authority (e.g. to stop, detain, identify, search and frisk)
will be followed and upheld in the same measure when gathering SAR
information, whether or not the observed behavior is related to criminal
activity.
VI. COMPLIANCE WITH LAWS REGARDING PRIVACY, CIVIL RIGHTS,
AND CIVIL LIBERTIES
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A. Privacy Policy.
The information shared between the Parties will be handled in accordance with
Austin Regional Intelligence Center Privacy Policy (Privacy Policy) and the
"Criminal Intelligence Systems Operating Policies" 28 CFR Part 23, U.S.
Executive Order 12291.
All personnel who are authorized users of the ARIC will comply with the ARIC
Privacy Policy. The Privacy Policy shall apply to all information and intelligence
the Center gathers or collects, receives, maintains, stores, accesses, discloses, or
disseminates to Partner Agencies, Partner Equivalent Agencies(including federal
Information Sharing Environment participating centers and agencies), and
participating justice and public safety agencies, as well as to private entities, and
the general public.
B. Privacy Policy Advisory Committee.
1. The Privacy Policy Advisory Committee(Committee)shall review
the Privacy Policy annually to ensure safeguards and sanctions are
in place to protect personal information and shall advise the
Executive Board of the ARIC of its recommendations based upon
the purpose and mission statements of the ARIC.
2. The Committee shall annually select from its membership a chair
and any additional officers that the board finds appropriate. A
person may not serve as the chair for more than two consecutive
years. Upon selection of the chair and additional officers, the
Committee shall agree upon the meeting schedule and other
operational procedures.
3. The Committee shall include the following, as selected by the
governing bodies or their designees:
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a. a community advocate,as selected by the City of Austin;
b. a licensed attorney,as selected by Hays County;
C. an information privacy advocate, as selected by the City of
Round Rock;
d. a criminal justice expert, as selected by Travis County; and
e. a law enforcement expert, as selected by Williamson
County.
4, The Committee shall provide an annual report to the Partner and
Partner Equivalent Agencies that contains any proposed changes to
the Privacy Policy along with the results of any discussion and
review by the Executive Board regarding such changes.
5. The Committee shall comply with the Texas Government Code,
Chapter 551 (Open Meetings Act) to the extent not otherwise
required by Chapter 551 or other state or federal law or rule.
VII. DUTIES AND PERFORMANCE BY THE CITY
The City serves as the Fiscal Agent for the grants provided in support of the ARIC. The
City,as the Fiscal Agent, agrees to provide office space, equipment, and supplies to cant'
out the administrative operation of the ARIC. Sustainment funding for the ARIC will be
the responsibility of the Partner Agencies and Partner Equivalent Agencies as described
in Part Two of this Agreement, below. Additional equipment required by the Partner
Agencies and Partner Equivalent Agencies will be the responsibility of the Partner
Agencies and Partner Equivalent Agencies.
VIII. DUTIES AND PERFORMANCE OF ALL PARTNER AGENCIES AND
PARTNER EQUIVALENT AGENCIES
A. Specific control over an agency's resources and the continued dedication of
these resources to the ARIC shall be retained by the Partner Agencies and
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Partner Equivalent Agencies, which will be kept fully apprised of all
analytical developments by its respective subordinates, as appropriate security
clearances permit.
B. Each Partner Agency and Partner Equivalent Agency will be subject to the
personnel rules, regulations, laws and policies applicable to their respective
agencies. All Partner Agencies and Partner Equivalent Agencies will abide by
appropriate security agreements concerning the handling of classified and
sensitive material.
C. Partner Agencies and Partner Equivalent Agencies will adopt this Agreement
and corresponding policies, and such Agreement and policies will have the
same force and effect as the participating agencies' internal policies and
procedures.
D. Individual users of the ARIC's information and intelligence remain
responsible for the lawful and appropriate use of the information and
intelligence provided by the ARIC. Failure to abide by the restrictions and
use limitations for ARIC data may result in the suspension or termination of
individual user privileges, disciplinary sanctions imposed by the user's
employing agency, or criminal prosecution. Each individual user, Partner
Agency, and Partner Equivalent Agency participating in the ARIC is required
to abide by the Privacy Policy in providing information and intelligence to the
ARIC and in the access, use, security, and disclosure of information and
intelligence obtained by and through the Center.
E. Partner Agencies and Partner Equivalent Agencies will adopt and comply with
internal policies and procedures requiring the agency, its personnel,
contractors,and users to:
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I. Have and enforce policies for discovering and responding to violations of
agency policies and this Agreement, including taking appropriate action
when violations are found;
2. Make available to the public the agency's internal policies and procedures
regarding privacy,civil rights,and civil liberties;
3. Cooperate with periodic, random audits by representatives of the ARIC
and+or other designated individuals;and
4. Designate an individual within the participating agency to receive reports
of alleged errors in the information that originated from the participating
agency.
F. If a Partner Agency or Partner Equivalent Agency fails to comply with either
the provisions of this Agreement or internal policies, or fails to enforce
provisions in its local policies and procedures regarding proper collection,use,
retention, destruction, sharing, disclosure, or classification of information, as
determined by the Executive Board, the Board may:
1. Suspend or discontinue the offending agency's access to the ARIC,or
2. Offer to provide an independent review,evaluation,or technical assistance
to establish compliance.
IX. PERSONNEL
A. Modification of Personnel.
A Partner Agency or Partner Equivalent Agency wishing to modify its personnel
contribution to the ARIC shall give 60 days written notice to the Executive Board
of such modification.
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B. Personnel Rules and Discipline.
I. A complaint made against any Partner Agency or Partner Equivalent
Agency individual assigned to the ARIC,while acting within the scope
of their ARIC assignment, shall be reported to the Center Director.
The Director will immediately report such complaint to the respective
agency's direct supervisor of the individual. Such complaints shall be
investigated immediately by the Director and reported to the Executive
Board for review and possible removal from the ARIC.
2. An investigation of a complaint made against any personnel assigned
to the ARIC outside the scope of their ARIC assignment will be the
sole responsibility of the agency employing the individual.
Disciplinary action, if any, is the responsibility of the employing
agency. The Partner Agency or Partner Equivalent Agency shall
immediately notify the Center Director of any disciplinary action taken
to the extent possible by law or contract.
3. The Director reserves the right to remove any personnel from the
ARIC during the course of an investigation into a complaint of
personnel misconduct,
4. Each Partner Agency and Partner Equivalent Agency will be subject to
the personnel rules, regulations, laws and policies applicable to their
respective agencies. All Partner Agencies and Partner Equivalent
agencies will abide by appropriate security agreements concerning the
handling of classified and sensitive material.
5. Salaries and overtime of ARIC personnel will be paid by their
respective agencies.
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C. Training.
Each Partner Agency and Partner Equivalent Agency will require training for
certain individuals as detailed in the Training Matrix adopted by the Executive
Board.
X. DIRECTION OF ARIC AND RESOURCE CONTROL
Specific control over an agency's ARIC resources and the continued dedication of these
resources to the ARIC shall be retained by the Partner and Partner Equivalent Agencies.
The Partner Agencies and Partner Equivalent Agencies shall be kept fully apprised of all
analytical developments by their respective ARIC-based subordinates, as appropriate
security clearances permit. ARIC analysts will provide a requesting Partner Agency and
Partner Equivalent Agency with link analysis, database searches and coordination of
information between local, state, tribal, and federal agencies. The ARIC will also
provide Intelligence support to partners using a tiered approach based on the severity of
the crime or incident and its relative impact to the Austin-Round Rock metropolitan area.
XI. AUDITING
Consistent with this Agreement and the Privacy Policy, the ARIC Operational
Management Team shall establish both internal and external audit functions. The
external audit function process will be subject to review by the City of Austin Public
Safety Commission. The Commission shall report on its review to the Austin City
Council.
PART TWO
ARIC Funding
1. BUDGET
A. Proportional Cost Allocation.
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The annual Operating Costs shall be shared based on the participation levels of
each Partner Agency and Partner Equivalent Agency. Each Partner Agency or
Partner Equivalent Agency shall identify the number of sworn personnel, with the
exception of sworn personnel who identify as a County Jailer as defined in Texas
Occupations Code Section 1701.001, who are in positions to use the services of
the ARIC as described in this Agreement, as shown in Exhibit A ("Identified
Positions"). The formula for the participation level for each Partner Agency and
Partner Equivalent Agency is the approved Budget for Operating Costs divided by
the total number of Identified Positions in all Partner and Partner Equivalent
Agencies. This per Identified Position contribution is multiplied by the number
of Identified Positions in a Partner Agency and Partner Equivalent Agency. The
Partner Agencies and Partner Equivalent Agencies may modify the number of
Identified Positions as needed each Fiscal Year. Each Partner Agency and Partner
Equivalent Agency's Annual Assessment includes amounts that may be held in
reserve in anticipation of future hardware replacements. Costs that are incurred
to benefit only one individual Partner Agency or Partner Equivalent Agency shall
be paid only by the Partner Agency or Partner Equivalent Agency benefiting from
such ARIC enhancements.
B. Annual Budget.
The Director of the ARIC shall prepare an annual budget on a Fiscal Year basis
and submit this budget to the Operational Management Team. The Operational
Management Team shall review and adjust the Budget, as needed, and then
submit the Budget to the Executive Board. The Executive Board shall, no later
than March 1st of each year, recommend that each Partner Agency and Partner
Equivalent Agency approve the Budget and appropriate its Annual Assessment in
its budget for its next fiscal year.
C. Budgeted Expenditures.
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After the Budget has been approved and funded by the Partner and Partner
Equivalent Agencies, the City is authorized to incur costs in accordance with the
Budget. Any costs to be incurred in excess of the approved and funded Budget
require additional budget approval and funding by all of the Partner and Partner
Equivalent Agencies,or re-allocation of existing funds by the Executive Board.
D. Funding Transfers to City.
Once each Partner Agency and Partner Equivalent Agency appropriates its
Annual Assessment in its annual budgetary process, the City shall provide timely
and accurate invoices as described below (D.1.) to facilitate the transfer of funds
by each Partner Agency and Partner Equivalent Agency to the City. The City,the
Partner and Partner Equivalent Agencies shall each comply with the following
procedures to facilitate payment by the City to the ARIC vendors and contractors:
1. Invoice for Annual Assessment. At least 30 days prior to the
beginning of each Fiscal Year, the City shall send each Partner
Agency and Partner Equivalent Agency an invoice for its Annual
Assessment.
2. Approval of Invoice Amount. Each Partner and Partner Equivalent
Agency must notify the City in writing within 15 business days
after receipt of the invoice for the Annual Assessment if its
invoice does not correctly state its Annual Assessment.
3. Payment Instructions. The City must provide payment instructions
to each Partner and Partner Equivalent Agency for the transfer of
funds to the City.
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4. Partner Agency Funds. Each Partner Agency and Partner
Equivalent Agency must pay its Annual Assessment to the City no
later than 60 calendar days after receipt of the invoice.
11. ARIC FUND
A. The City shall establish a separate fund for the ARIC in its accounting
records ("ARIC Fund") that is dedicated to the administration of the
ARIC. All funds received from Partner Agencies and Partner Equivalent
Agencies and other ARIC revenues, including income earned from
investment of the ARIC Fund, shall be credited to the ARIC Fund. All
ARIC obligations shall be debited from the ARIC Fund. The records for
the ARIC Fund shall be maintained in compliance with generally accepted
accounting principles.
B. Investment Income. The ARIC Fund is invested by the City in the same
manner as the City invests its excess funds. Any income earned on the
funds invested from the ARIC Fund is credited to the ARIC Fund for the
benefit of the ARIC, unless otherwise required by law. Any income
earned in the current year will be retained and used to fund anticipated and
unanticipated costs in subsequent years, as approved by the Operational
Management Team and the Executive Board.
C. Quarterly Statements. Within 30 days after the end of each quarter, the
City must provide quarterly statements showing the credits to and debits
from the ARIC Fund, including any income earned, to each Partner
Agency and Partner Equivalent Agency. The quarterly statements must
include beginning and ending ARIC Fund balances. Statements for `year-
end' fund status must be provided as soon after year-end closeout as
possible but in no event more than 45 days after the end of the Fiscal Year.
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1). Payments. Subject to the availability of sufficient funds in the ARIC
Fund, the City shall pay ARIC contractors and vendors in compliance with
the Texas Prompt Payment Act.
E. Reports. The City shall provide each Partner Agency and Partner
Equivalent Agency with a monthly report comparing the Budget with the
actual expenses incurred in that month and in the current Fiscal Year to
date. This report will be provided during the Operational Management
Team's monthly meeting.
III. Funding.
The Partner Agencies and Partner Equivalent Agencies specifically acknowledge that
funding for each Partner Agency's and Partner Equivalent Agency's Annual Assessment
must go through that Partner Agency's or Partner Equivalent Agency's normal budgeting
process; and after approval by its governing body or other approval required by law, is
payable in compliance with section I. D.
IV. Failure to Appropriate or Partial Funding.
If any Partner Agency or Partner Equivalent Agency fails to appropriate its Annual
Assessment by the first day of the Fiscal Year for which the Operating Budget is
applicable ("Unfunded Party") or appropriates less than its Annual Assessment for any
year, or if any Partner Agency or Partner Equivalent Agency fails to pay all of its Annual
Assessment, ("Underfunding Party"), the other Partner Agencies and Partner Equivalent
Agencies, acting through the Executive Board, may take one or more of the following
actions:
A. Notice of Unfundine. Send the Unfunded Party a notice re-stating the amount
due. Each Partner Agency and Partner Equivalent Agency acknowledges that
its future right to participate in the ARIC is dependent upon fully paying its
Annual Assessment each year.
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B. Budget Revision. Amend the Operating Budget by reducing costs and/or
increasing the amounts paid by the other Partner Agencies and Partner
Equivalent Agencies if the Unfunded Party opts not to continue to participate.
C. Suspension of Representation. Remove the Unfunded Party from the
Operational Management Team and Executive Board, if applicable, and suspend
the voting rights for the Unfunded Party.
PART THREE
Definitions
A. Annual Assessment means the proportionate share of the Operating Costs
stated in the Budget by all Partner and Partner Equivalent Agencies
determined in accordance with that Partner or Partner Equivalent Agency's
participation level determined as described in PART TWO, I.A. and as
detailed on Exhibit A of that Fiscal Year's approved Budget.
B. Fiscal Year means the fiscal year adopted by the City. The Fiscal Year in
effect as of the execution of this Agreement commences on October I st of
each year and ends the following September 30th.
C. In o►-mation includes any data about people, organizations, events, incidents,
or objects, regardless of the medium in which it exists.
D. Intelli eg nce is the product of an analytical process that provides an integrated
perspective to disparate information about crime, crime trends, crime and
security threats,and conditions associated with criminality.
E. Law includes any applicable local, state, tribal, territorial, or federal statute,
ordinance, regulation,executive order, policy,or court rule, decision,or order,
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as construed by appropriate local, state, tribal,territorial,or federal officials or
agencies.
F. Need to Know is established when, as a result of jurisdictional, organizational,
or operational necessities, access to sensitive information or intelligence is
necessary for the conduct of an individual's official duties as part of an
organization that has a right to know the information in the performance of a
law enforcement, homeland security, or counter-terrorism activity, such as to
further an investigation or meet another law enforcement requirement.
G. Oyeratinje Costs are all costs associated with direct purchase of goods and
services, including but not limited to computer hardware, computer software,
and hardware and software maintenance and replacement. Operating Costs
also include technology enhancements necessary to improve the efficiency
and effectiveness of the ARIC.
H. Right to Know is established when, based on having legal authority or
responsibility, or pursuant to an authorized agreement, an agency or
organization is authorized to access sensitive information and intelligence in
the performance of a law enforcement, homeland security, or counter-
terrorism activity.
PART FOUR
General Provisions
1. Relationship of Parties and Liability.
Nothing in this Agreement shall be deemed to create an employment relationship
between the City and the other Parties. The Parties do not waive and do intend to assert
any available defenses and/or limitations on liability. No Party shall be considered to be
an agent of another Party. The City does not waive, modify, or alter to any extent
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whatsoever the availability of the defense of governmental (sovereign) immunity under the
laws of the State of Texas. The Partner Agencies acknowledge that none of the Parties have
waived their sovereign immunity by entering into this Agreement.
II. Amendments.
A. This Agreement may be modified only by a writing properly executed by each of
the Partner Agencies, with the exception of when adding new partner agencies
under II.B. Neither any representation or promise made after the execution of this
Agreement, nor any modification or amendment of this Agreement, shall be
binding on the Partner Agencies unless made in writing and properly executed by
each of the Partner Agencies.
B. This Agreement may be amended to include one or more additional new partner
agencies (Associate Partner Agencies). The Partner Agencies authorize the City
of Austin to enter into separate Associate Partner Agreements as necessary to
allow public agencies that are authorized to contract with each other under
Chapters 771 and 791 of the Government Code and that are not currently Partner
Agencies to assume obligations and receive benefits equivalent to Partner
Agencies (Associate Partner Agencies). A new Associate Partner Agency must
first be unanimously agreed upon by the Executive Board. The governing body of
each new Associate Partner Agency and the City of Austin City Council must
approve the Associate Partner Agreement. Such an agreement must include the
same terms of understanding contained in the ARIC Amended and Restated
Interlocal Agreement in substantially the same format, and Associate Partner
Agencies must agree to follow the ARIC Privacy Policy, as amended .
C. The City of Austin is authorized to enter into separate collateral agreements, as
necessary, to allow agencies that are not state agencies, local governments, or
other agencies that are authorized to contract with each other under Chapters 771
and 791 of the Government Code (non-governmental agencies) to assume
obligations and receive benefits equivalent to Partner Agencies (Partner
Equivalent Agencies). To qualify for consideration to become a Partner
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Equivalent Agency, a nongovernmental agency must utilize a full-service law
enforcement component that employs police officers licensed by the State of
Texas and vested with full law enforcement powers and responsibilities. Before
any non-governmental agency becomes a Partner Equivalent Agency, that non-
governmental agency must first be agreed upon by a majority of the Executive
Board, with approval by the Chair. Upon approval by the Executive Board and
Chair, the approved non-governmental agency is recommended to the City of
Austin City Council which must approve each agreement to create a Partner
Equivalent Agency before any approved non-governmental agency seeking to
become a Partner Equivalent Agency may be offered that agreement. Such an
agreement must include the same terms of understanding contained in the ARIC
Amended and Restated Interlocal Agreement in substantially the same format
(Partner Equivalent Agency Agreement). To complete the transaction, the
approved nongovernmental agency and the City of Austin must execute the
Partner Equivalent Agency Agreement. This Partner Equivalent Agency
Agreement may be modified or amended by the City and the Partner Equivalent
Agency only to replicate an amendment adopted by the Partner Agencies to the
Amended and Restated Interlocal Agreement, or to replicate an amendment to this
Agreement. The Partner Equivalent Agency and the City shall approve and
execute an amendment to this Partner Equivalent Agency Agreement when
necessary for it to remain substantially the same as the Amended and Restated
Interlocal Agreement.
III. Term of Agreement.
1. Effective Date. This Agreement shall commence on the date of execution by
the last Party to sign this Agreement. Once effective, the initial term of this
Agreement shall terminate on_ ,2025.
2. Renewal Term(s). Subject to continued funding, this Agreement shall renew
annually automatically, unless terminated as provided herein.
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3. Termination. A party to this Agreement may terminate its involvement in this
Agreement upon 60 days written notice to the other parties.
IV. Assignment.
A Party to this Agreement may not assign or transfer its interests or obligations
under this Agreement.
V. Complete Agreement.
This Agreement constitutes the entire Agreement and understanding between the Parties
and supersedes all previous agreements, understandings, discussions, or representations
concerning its subject matter.
VI. Severability.
If a court of competent jurisdiction determines that a term or provision of this Agreement
is void or unenforceable, the remainder of this Agreement remains effective to the extent
permitted by law.
VI1. Third Party Beneficiaries.
This Agreement is not intended, and should not be construed, to create any right or
benefit, substantive or procedural, enforceable at law or otherwise by any third party
against the Parties, the United States, or the officers, employees, agents, or other
associated personnel thereof.
VIII. Miscellaneous.
A. This Agreement is subject to the provisions of any agreement made
between the Parties to this Agreement and the United States Government
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relative to the expenditure of federal funds for the development of the
ARIC.
B. Each individual signing this Agreement on behalf of a Party warrants that
he or she is legally authorized to do so and that the Party is legally
authorized to perform the obligations undertaken.
C. Notice.
1. All notices sent pursuant to this Agreement shall be in writing and may
be hand delivered, or sent by registered or certified mail, postage
prepaid, return receipt requested.
2. When notices sent are hand delivered, notice shall be deemed effective
upon delivery. When notices are mailed by registered or certified
mail,notice shall be deemed effective three days after deposit in a U.S.
mailbox or at a U.S. post office.
3. Either Party may change its address for notice under this Agreement
by providing a notice of the change in compliance with this paragraph
to the other Party.
4. Notices sent to the Parties pursuant to this Agreement shall be
delivered or sent to:
AUSTIN POLICE DEPARTMENT
Austin Police Department
Chief's Office
715 E. 8`h Street
Austin,Texas 78701
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This Agreement is effective on , 2024.
CITY Og AUSTIN on behalf of its POLICE and FIRE DEPARTMENTS
By: Date:
Printed Name:
Title: Ayr A N A-
AUSTIN INDEPENDENT SCHOOL DISTRICT on behalf of its POLICE
DEPARTMENT
By: Date:
CITY OF GEORGETOWN on behalf of its POLICE DEPARTMENT
By: Date:
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HAYS COUNTY on behalf of the HAYS COUNTY SHERIFF'S OFFICE
By: Date:
CITY OF ROUND ROCK on behalf of its POLICE DEPARTMENT
� YA 4
By: Date: 9 1211&24—
T-
Cra,5 N1oc , Gil®r
CITY OF SAN MARCOS on behalf of its POLICE DEPARTMENT
By. Date:
TRAVIS COUNTY on behalf of the TRAVIS COUNTY SHERIFF'S OFFICE
DocuSigned by:
By: L�V, Date: 5/22/2024
C2131 D8291D47D_.
Travis County Judge Andy Brown
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UNIVERSITY OF TEXAS on behalf of its POLICE DEPARTMENT
By: Date:
WILLIAMSON COUNTY on behalf of WILLIAMSON COUNTY SHERIFF'S
OFFICE
By: Date:
CITY OF PFLUGERVILLE on behalf of its POLICE DEPARTMENT
By: _ Date:
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AUSTIN COMMUNITY COLLEGE on behalf of its POLICE DEPARTMENT
By: Date:
TEXAS STATE UNIVERSITY on behalf of its POLICE DEPARTMENT
By: Date:
CITY OF CEDAR PARK on behalf of its POLICE DEPARTMENT
By: Date:
PFLUGERVILLE INDEPENDENT SCHOOL DISTRICT on behalf of its POLICE
DEPARTMENT
By: Date:
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CITY OF KYLE on behalf of its POLICE DEPARTMENT
fly: Date:
CITY OF BUDA on behalf of its POLICE DEPARTMENT
By: Date:
CITY OF SUNSET VALLEY on behalf of its POLICE DEPARTMENT
By: Date:
CITY OF MANOR on behalf of its POLICE DEPARTMENT
By: Date:
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CITY OF LAKEWAY on behalf of its POLICE DEPARTMEMT
By: Date:
CITY OF WESTLAKE HILLS on behalf of its POLICE DEPARTMENT
By: _ Date:
CITY OF BEE CAVE on behalf of its POLICE DEPARTMENT
By: Date:
HUTTO INDEPENDENT SCHOOL DISTRICT on behalf of its POLICE
DEPARTMENT
By: Date:
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CITY OF ELGIN on behalf of its POLICE DEPARTMENT
By: Date:
St Edwards University on behalf of its POLICE DEPARTMENT
By: Date:
Concordia University on behalf of its POLICE DEPARTMENT
By: Date:
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EXHIBIT A
AUSTIN REGIONAL INTELLIGENCE CENTER PROPORTIONAL COST FOR
PARTNER AGENCIES
FISCAL YEAR_
Department Number of Sworn Contribution
City of Austin APD/AFD
Austin ISD PD
Georgetown PD
Hays County SO
Round Rock PD
San Marcos PD
Williamson County SO
Travis County SO
University of Texas PD
Pflugerville PD
Pflugerville ISD PD
Cedar Park PD
Texas State PD
Austin Community College
PD
Kyle PD
Buda PD
Sunset Valley PD
Manor PD
Lakeway PD
Westlake Hills PD
Hutto ISD PD
Bee Cave PD
Elgin PD
St. Edward's PD
Concordia PD
32