REV SIGNED MDRC.PDF

AGREEMENT BETWEEN MDRC AND
MARICOPA COUNTY
ON BEHALF OF THE SHERIFF’S OFFICE
FOR JAIL INMATE BOOKING AND RELEASE
DATA SHARING
I. Purpose
The purpose of this agreement is to set forth the terms and conditions under which Maricopa County,
through the Maricopa County Sheriff’s Office (MCSO), will share jail inmate booking and release
data with MDRC, a nonprofit, nonpartisan research organization.
II. Basis for This Agreement
The underlying basis for this agreement is federal grant HHS-2016-ACF-OCSE-FD-1172, the
Procedural Justice-Informed Alternatives to Contempt (PJAC) Demonstration, which was awarded
to the Arizona Department of Economic Security (ADES), Division of Child Support Services by
the Office of Child Support Enforcement. The grant is being implemented in Maricopa County,
Arizona. Under the scope of this grant, ADES supplies MDRC—the third-party evaluator of the
PJAC Demonstration awarded as part of a companion federal grant, under the oversight of the
Georgia Division of Child Support Services—with information necessary to evaluate the results of
the project, pursuant to Section 1115(C)(5)(A) of the Social Security Act.
The purpose of the PJAC Demonstration is to test the efficacy of incorporating procedural justice
principles into child support practices as a cost-effective alternative to civil contempt. The project
seeks to understand interactions between child support enforcement and the jails, as noncustodial
parents held in contempt of court may be jailed for their noncompliance with their child support
order. MCSO will share jail booking and release data for PJAC Demonstration sample members in
support of the federal evaluation of the Demonstration’s effectiveness.
III. Responsibilities of the Parties
Responsibilities of the parties are described below.
A. At two points in time—first, upon the execution of this agreement and second, in October
2021:
(1) MDRC will securely transfer a file of identifying information (e.g. name, date of birth,
social security number) about the individuals participating in the PJAC Demonstration
(the “Match File”) to MCSO. The Match File will also include the date the individual
was enrolled into the study.
To ensure that data files are transferred securely, MDRC uses a secure file transfer site
that is easy to use and does not require MCSO to make any purchase or install any
software. MDRC will email instructions on setting up a secure account to data contacts at
MCSO, enabling those contacts to log on to the site and upload data files as needed. It
may also be possible to use another secure platform for the data transfer (such as one that
MCSO already uses to transfer data) so long as it meets the project’s security
requirements.
1

At all times, MDRC will provide a Secure file transfer site to deliver the data files and
store the data received with role-based access permissions/need to know in a secured
environment.
(2) Within 30 days of receiving the Match File, MCSO will match the individuals contained
in it to their agency jail records and, to the extent such data are available within MCSO’s
records, MCSO will securely transfer a return file to MDRC with the following data
elements added to the Match File, from the date of the individual’s enrollment into the
PJAC Demonstration through to the present for all jail stays. Based on the dates of study
enrollment and requisite follow-up period, MCSO will provide all relevant data from
February 2018 through September 2021.
• Admission dates
• Admission reason (new sentence, parole violation, other)
• Admission charge information (e.g. charge class, degree, type, and description)
• Admission identifier (used to track different jail bookings)
• Discharge dates
• Reason for discharge (e.g. discharged to state facility, bail paid, conditional
discharge)
• Identifiers needed to link to the sample of defendants (e.g. name, DOB)
IV. Duration & Modification
A. This agreement shall be effective as of January 1, 2021 through October 31, 2022. Any
modification or amendment of this agreement must be in writing and agreed to by both
parties. No agent, employee or other representative of either party is empowered to alter any
of the terms of the agreement, unless amended in writing and signed by the authorized
representative of the respective parties.
B. Either party shall give written notice to the other party of any non-material alteration that
affects the provisions of this agreement. Non-material alterations that do not require a written
amendment are as follows:
(1) Change of telephone number;
(2) Change in authorized signatory; and/or
(3) Change in the name and/or address of the person to whom notices are to be
sent.
C. Notwithstanding the foregoing, in the event of a change in applicable federal law or
regulation that requires changes to the terms and conditions of this agreement, either party
may unilaterally make such modification or amendment by giving advance written notice to
the other party. The receiving party will have 30 calendar days from the date it receives such
notice to contact the other party if it desires to terminate this agreement in light of the
modification or amendment.
V. Extension
A. This agreement may be extended through a mutual written amendment and signature by all
authorized representatives of the respective parties.
2

VI. Termination of the Agreement
A. This agreement may be terminated by mutual agreement of the parties at any time during the
term of this agreement.
B. Each party shall have the right to terminate this agreement by written notice served via
personal delivery or by certified mail, return receipt requested, to the other party at least
ninety (90) days prior to the effective date of said termination.
VII. APPLICABLE LAW
A. This agreement shall be governed and interpreted by the laws of the State of Arizona. The
materials and services supplied under this agreement shall comply with all applicable Federal,
State, and local laws, and both parties shall maintain all necessary licenses and permit
requirements.
VIII. AUDIT
A. MDRC shall retain all data, books and other records (“records”) relating to this agreement for
a period of one (1) year after the completion of the agreement All records, as reasonably
respected, shall be subject to inspection and audit by MSCO at reasonable times.
IX. CONFLICT OF INTEREST
A. Either party may within three years after execution terminate the agreement, without penalty
or further obligation, if any person significantly involved in initiating, negotiating, securing,
drafting or creating the agreement on behalf of either party, at any time while the agreement
is in effect, becomes an employee or agent of any other party to the agreement in any capacity
or a consultant to any other party to the agreement with respect to the matter of the
agreement.
X. E-VERIFY
A. MDRC warrants compliance with all Federal immigration laws and regulations relating to
employees and warrants its compliance with A.R.S. § 23-214, Subsection A.
XI. FEDERAL IMMIGRATION AND NATIONALITY ACT
A. By entering into the agreement, MDRC warrants compliance with the Federal Immigration
and Nationality Act (FINA) and all other Federal immigration laws and regulations related to
the immigration status of its employees. This warranty shall remain in effect through the
term of the agreement. MDRC and its subcontractors shall also maintain Employment
Eligibility Verification forms (I-9) as required by the U.S. Department of Labor’s
Immigration and Control Act, for all employees performing work under the Agreement. I-9
forms are available for download at USCIS.GOV.
XII. INDEMNIFICATION
Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party
(as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses
(including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising
out of bodily injury of any person (including death) or property damage, but only to the extent
that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by
3

the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers,
officials, agents, employees, or volunteers.
XIII. MANNER OF FINANCING
A. This is a non-financial agreement. Each party shall bear its own costs and expenses incurred
in connection with the performance of such party’s duties and obligations hereunder.
XIV. NON-DISCRIMINATION
A. Each party shall comply with all other applicable Federal and State laws, rules, and
regulations, including the Americans with Disabilities Act.
XV. OFFSHORE PERFORMANCE OF WORK PROHIBITED
A. Due to security and identity protection concerns, direct services under this agreement shall be
performed within the borders of the United States. Unless specifically stated otherwise in the
specifications, this definition does not apply to indirect or 'overhead' services, redundant back-
up services or services that are incidental to the performance of the Agreement. This provision
applies to work performed by subcontractors at all tiers.
XVI. NOTICES
A. The contacts for this agreement are listed below. Either party may update as needed, by
providing written notification to the appropriate contact.
MDRC MCSO
Jesús Amadeo James Prindiville, Chief Financial
Senior Vice President Officer 550 W Jackson Street
MDRC Phoenix, AZ 85003
200 Vesey Street, 23rd Floor 602-876-1614
New York, NY 10281 j_prindiville@mcso.maricopa.gov
Robert Brooks, Commander
MCSO Technology Bureau
550 W Jackson Street
Phoenix, AZ 85003
602-876-0054
XVII. AUTHORIZED SIGNATURE
The signatories below warrant and represent that they have the competent authority on behalf of their
respective entities to enter into the obligations set forth in this agreement.
Electronic Signature Acknowledgement: The signatories may sign this document electronically
by using an approved electronic signature process. Each signatory electronically signing this
document agrees that his/her electronic signature has the same legal validity and effect as his/her
handwritten signature on the document, and that it has the same meaning as his/her handwritten
signature.
4

FOR AND ON BEHALF OF MDRC: MARICOPA COUNTY on behalf of
MCSO
2/5/21
Jesús Amadeo Date Jack Sellers Date
Senior Vice President Chairman, Board of Supervisors
Jesús M. Amadeo
Attest:
Printed Name
Acting Date
Clerk of the Board
Paul Penzone, Sheriff Date
Approved as to form:
Digitally signed by Davina Bressler
Davina Bressler DN: Division, cn=Davina email=bressled@mcao.maricopa.gov, Bressler, o=MCAO, ou=Civil
c=US
Date: 2021.02.08 10:59:59 -07'00'
Deputy County Attorney Date
5