MOU_JWI_ICJIS_TSA FINAL 3.25.19.PDF

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TRANSPORTATION SECURITY ADMINISTRATION
AND
MARICOPA COUNTY, ARIZONA
1. PARTIES AND PURPOSE
1.1 Parties. This Memorandum of Understanding (MOU or Agreement) is hereby entered into by and
between the Transportation Security Administration (TSA) and Maricopa County, a political
subdivision of the State of Arizona, hereinafter jointly referred to as the “Parties” and individually
as a “Party.”
1.2 Purpose. The purpose this MOU is to set forth the terms by which Maricopa County will
provide TSA with a copy of the Justice Web Interface (JWI) Application to facilitate TSA’s access
to criminal history information.
2. AUTHORITY
This MOU is authorized by the Aviation and Transportation Security Act, P.L. 107-71, § 101,
codified at 49 U.S.C. §§ 106(l) and (m) and 49 U.S.C. § 114(m), and the Arizona Revised Statute
§ 11-952. No funds are obligated by either party by entering into this MOU.
3. BACKGROUND
Maricopa County has developed the source code for the JWI Application, consisting of a browser
application used for data entry, server application, reporting module and database schema.
Maricopa County developed the JWI Application in conjunction with Pragmatica Consulting to
enable Maricopa County agencies to interface with the criminal justice information network.
Maricopa County owns the JWI Application.
The JWI Application may be of beneficial use by TSA. TSA has requested a copy of the JWI
Application from Maricopa County for its intended use of accessing criminal history information.
Maricopa County has authorized, free of charge, the use of the JWI Application to federal, state
and local governments through agreements to permit use and establish liability and warranty
limitations.
4. SERVICES AND RESPONSIBILITIES
In consideration of the obligations set forth in this MOU, Maricopa County and TSA hereby agree
to the following:
4.1 Ownership and Permitted Use of JWI Application
a) The Parties agree that Maricopa County retains ownership of the JWI Application, including
all source data, and will provide an unlimited seat license of the JWI Application to TSA
for use under this MOU. It is expressly understood that this MOU does not convey to TSA

any rights, title or interest in the JWI Application. Maricopa County retains all rights, title,
and interest to the JWI Application and source data.
b) TSA may use and modify the JWI Application, but TSA may not sell, transfer or convey
the JWI Application, in its original configuration or as modified by TSA, to any other party,
private or governmental, without prior express written permission of Maricopa County.
c) TSA shall, to the extent practicable, identify Maricopa County as the owner of the JWI
application in any publication or presentation that involves the use of the JWI application.
d) If TSA makes any changes, additions or enhancements to the JWI Application, TSA shall
provide a copy thereof to Maricopa County at no charge and shall provide Maricopa
County with the same rights in any derivative work as granted to TSA.
4.2 Duties of Maricopa County
a) Maricopa County acknowledges and attests that it owns the JWI Application and source data
associate therewith that it has the right, as owner, to transfer a copy of the JWI Application
to TSA as provided herein.
b) Maricopa County shall transfer the licensed copies of the JWI Application to TSA at no
charge.
c) Maricopa County shall provide TSA with a copy of the JWI Application within 15 days of
the effective date of this MOU.
d) Maricopa County may provide copies of the revised JWI Application as updates are
completed and deemed necessary by Maricopa County.
5. ACKNOWLEDGEMENTS
a) TSA acknowledges and agrees that the copy of the JWI APPLICATION IS SUPPLIED “AS
IS.” MARICOPA COUNTY DISCLAIMS ANY IMPLIED WARRANTY OF NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE FOR THE SOFTWARE OR ANY PORTIONS THEREOF FURNISHED
HEREUNDER.
b) Nothing in this MOU shall require Maricopa County, as a result of the transfer of the
copy of the JWI Application, to advertise, or to acknowledge publicly, the acceptability
or suitability of the JWI Application for TSA, or any current or future recipient of the
Application.
c) By entering this Agreement TSA acknowledges that Maricopa County is the author and
owner of the source code for JWI.

6. MOU ADMINISTRATION
6.1 Term and Termination. The terms of this MOU will become effective on the date of the
last signature to this MOU (the Effective Date) and remain in effect for five (5) years unless modified,
terminated, or extended by mutual agreement of the parties. This Agreement may be terminated
for any reason, by any Party by giving (30) days advance written notification of termination to the
other party. The terms of this Agreement, may be modified with the consent of both Parties.
6.2 Modification. This agreement may be modified upon the mutual written consent of the
parties. Such changes or amendments shall be signed the original signatories of this MOU or their
designees.
7. MANAGEMENT POINTS OF CONTACT
All notices required or permitted under this MOU shall be submitted through certified mail with
return receipt to the respective parties at the addresses set forth below.
NOTICES TO MARICOPA NOTICES TO TSA:
COUNTY:
CIO CIO
Office of Enterprise Technology Transportation Security Administration
(OET) Office of Information Technology (OIT)
301 S. 4th Avenue, Suite 200 701 South 12th Street
Phoenix, AZ 85003 Arlington, VA 20598
Phone:(602) 372-2007 Phone: (571) 227-3805
ICJIS Director
620 W. Jackson, Suite 2065
Phoenix, Arizona 85003
Phone: (602) 506-5053
8. RESOURCES AND FUNDING
Except as provided in this document, this MOU is not an obligation or commitment of funds, nor
a basis for the transfer of funds, but rather is a basic statement of the understanding between the
Parties of the matters described herein. Unless otherwise agreed in writing, each Party shall bear
its own costs in relation to this MOU. Expenditures by each Party will be subject to its
budgetary processes and to the availability of funds and resources pursuant to applicable laws,
regulations, and policies. The Parties expressly acknowledge that the language in this MOU in
no way implies that funds will be made available for such expenditures.
9. GENERAL PROVISIONS
9.1 Nothing in this MOU is intended to conflict with current law, regulation or the directives

of the TSA or Maricopa County, AZ. If a term of this MOU is inconsistent with such authority,
then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain
in full force and effect.
9.2 This MOU in no way restricts either Party from participating in similar activities or
arrangements with other public or private agencies, organizations, or individuals.
9.3 This MOU describes in general terms the basis upon which the Parties intend to cooperate.
This MOU does not intend to create any rights, privileges, or benefits, substantive or procedural,
enforceable by any individual or organization against the United States; its department, agencies,
or other entities; its officers or employees; or any other person.
Each Party and signatory below represents and warrants that each has the right, power, and
authority to enter into this MOU and to perform all of their respective obligations under this
MOU.
Maricopa County Transportation Security Administration
Chairman, Board of Supervisors Assistant Administrator,
Intelligence and Analysis
By: _______________________\_______ By: ________________________\_______
Date Date
Attest:
Clerk of the Board
By: _______________________\_______
Date
Approved as to Form:
Deputy County Attorney Executive Director of Vetting,
Intelligence and Analysis
By: _______________________\_______ By: ________________________\_______
Date Date