MOU PHOENIX AZLINK_2018_AGREEMENTFINAL.PDF

AZLink
MEMORANDUM OF UNDERSTANDING
between
MARICOPA COUNTY
on behalf of
Maricopa County Sheriff’s Office
and
CITY OF PHOENIX
on behalf of
Phoenix Police Department
FOR SHARING LAW ENFORCEMENT INFORMATION
This Memorandum of Understanding (“MOU”) is made and entered into by and between
Maricopa County, the Maricopa County Sheriff’s Office (“MCSO”), a law enforcement agency
duly organized and existing under the laws of the State of Arizona, and the City of Phoenix on
behalf of its Police Department (“PPD”), organized and existing under the laws of the State of
Arizona.
NOW, THEREFORE, the parties do hereby agree as follows:
ARTICLE I. PURPOSE
The purpose of this MOU is to enhance the effectiveness of law enforcement by increasing
information sharing related to crime and criminal activities. The objective of the collaborative
relationship described in this MOU is to facilitate sharing of regional law enforcement
information among federal, state, local, and tribal law enforcement partners. Through this
relationship, the parties intend to capture the cumulative knowledge of regional law enforcement
agencies at all levels in a systematic and ongoing manner to maximize the benefits of
information gathering and analysis needed to respond to criminal threats, to support law
enforcement activities, and to enhance public safety and enforce protection of the Nation’s
critical infrastructure in Arizona.
The MCSO has assisted in the design and implementation of a program known as AZLink.
AZLink is a consortium of law enforcement agencies that have agreed to a method of sharing
law enforcement and probation information that permits electronic access to confidential law
enforcement information.
The MCSO represents the AZLink Arizona Region (known as the Regional Agency) and works
to implement standard information sharing practices, policies, procedures, and security. The
MCSO is also working with law enforcement agencies in northern, central, and southern Arizona
(known as “Client Agencies”) to connect these agencies into the AZLink program.
The MCSO is part of the Governance Committee that includes Client Agencies as members for
developing regional programs, insuring compliance of standards, policies, procedures and
security. MCSO oversees the AZLink regional law enforcement information sharing program
across the state.
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The AZLink Arizona Region also works with federal agencies and other states on developing
information sharing programs and creating standard MOUs. The AZLink Arizona Region, under
the authority of the representative regional law enforcement officer and by action of their
respective legislative or other governing body, has binding authority to execute MOUs. The
AZLink Arizona Region works with its Client Agencies to ensure compliance with federal and
state MOUs.
Regional Law Enforcement Systems (known as RLES) have been developed and are being
implemented throughout Arizona. These systems are centrally managed by the AZLink Arizona
Region. Each region connects local Client Agencies to the RLES. Through the RLES, Client
Agencies have access to information from other Client Agencies.
This MOU adds the PPD as a Contributing Agency in the AZLink Arizona Region RLES, to
share law enforcement information administered by the MCSO and to have access to
information from other Client Agencies participating in the AZLink program.
ARTICLE II. DEFINITIONS
A. “Client Agency” is a law enforcement agency participating in AZLink who is read only.
Federal and non-Arizona state agencies may also be considered a Client Agency.
B. “Contributing Agency” is a law enforcement agency participating in the AZLink data
sharing effort that contributes data and has access to AZLink RLES.
C. “Regional Agency” in this MOU refers to the AZLink Arizona Region. The MCSO is the
system administrator for the AZLink Arizona Region.
D. “RLES” means the Regional Law Enforcement Systems that will be used for sharing law
enforcement information across regions, across states, and with federal agencies.
E. “Originating Agency” is the agency that controls the information generated by its law
enforcement department.
F. “background screening” means a background investigation that is fingerprint-based,
including checks of both the state and national criminal history repositories.
ARTICLE III. EFFECTIVE DATE AND TERM
This MOU will become effective upon the day it is fully executed and if executed in counterparts,
the effective date is the date of the last signature. This MOU shall continue in force until June
30, 2020 or until either agency provides thirty (30) days prior written notice to the other agency
of its intent to terminate the other agency’s access to its records through the methods provided
in this MOU. Either party may cancel this MOU at any time for any reason upon thirty (30) days’
notice to the other party.
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ARTICLE IV. CANCELLATION
Pursuant to A.R.S. § 38-511, the state, its political subdivisions, or any department or agency of
either, may cancel this MOU after its execution without penalty or further obligation if any person
significantly involved in initiating, negotiating, securing, drafting or creating the MOU on behalf
of the state, its political subdivisions, or any of the departments or agencies of either is, at any
time while the MOU or any extension of MOU is in effect, an employee or agent of any other
party to the MOU in any capacity or a consultant to any other party of the MOU with respect to
the subject matter of the MOU. Cancellation of the MOU shall be effective upon written notice
as provided in A.R.S. § 38-511.
ARTICLE V. DATA ACCESS AND SECURITY REQUIREMENTS
A. Access to other Client 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 Client Agencies and that meets state and federal security requirements.
The law enforcement information shall be available on a 24 hours per day, 7 days per week
basis, with downtime limited to those hours required for any necessary system maintenance
activities. Agencies agree to inform each other in advance, whenever possible, of
scheduled system downtimes.
B. Data will be shared with member agencies that have entered an MOU with a Regional
Agency. No Client or Regional Agency will share information gained through this system
with an agency that is not a Client Agency, except by permission of the agency originating
the information. Client and Regional Agencies shall ensure that only those authorized by law
have access to Criminal History Record information as defined in A.R.S. § 41-1750 and 28
C.F.R. 20.3, including law enforcement information from the system.
C. Client and Regional Agency agree to enforce and maintain security requirements and
networks as specified in the Technical Requirements Section of the Federal Bureau of
Investigation’s Criminal Justice Information Systems Security Policy, and Regional Agency
MOUs and agreements with federal and state agencies. Exceptions to the above policy
shall not be implemented by any Client Agency without the approval of the Regional Agency
and the AZLink Governance Committee.
D. Client and Regional Agency acknowledge that the law enforcement information hosted by
the RLES shall be used for law enforcement purposes only, and that only law enforcement
agency employees that have passed a background screening and any required certification,
such as Terminal Operator Certification (TOC), will be allowed access to the RLES.
E. If at any time any Client Agency violates the requirements of this MOU in regard to sharing
of information, the Regional Agency connecting that Client Agency may disconnect the
Client Agency. Except in the case of a critical emergency, access shall not be terminated by
a Regional Agency until the offending Client Agency has been provided with 60-days written
notice of the violation and the opportunity to correct the violation.
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F. If at any time any Client Agency believes that another agency is allowing unauthorized
access to or use of the Client Agency’s data, the Client Agency may withdraw from the
RLES with a 30-day written notice
G. All disputes concerning access shall be first communicated to an offending agency and then
settled by consensus among the agencies of the region within 30 days after notice to the
offending agency has been provided. In the absence of consensus, the data sharing link of
the offending agency shall be terminated with a 30-day written notice.
ARTICLE VI. INFORMATION OWNERSHIP, RELEASE, AND ACCURACY
A. Client and Regional Agencies retain control of all information they provide through the RLES
at all times. Any request for access to information hosted by the RLES that is not authorized
under current MOUs will be referred to the agency originating the information being
requested. Except as required by law, information shall not be made available to any
unauthorized requestor without the approval of the Originating Agency.
B. Agencies acknowledge that the law enforcement data provided by the RLES consists of
information that may or may not be accurate. To the extent permitted by law, agencies
agree to hold the Originating Agency blameless for any harm that may arise due to the
inaccuracy of any information they have submitted.
C. All Contributing Agencies have the sole responsibility to ensure that information it makes
available to the agencies via the RLES was not obtained and is not being maintained in
violation of any federal, state, or local law applicable to the obtaining component. In
addition, all Contributing Agencies have the sole responsibility and accountability for
ensuring compliance with all laws, regulations, policies, and procedures applicable to the
posting of its information for access via the RLES.
D. Each Contributing Agency has the duty, sole responsibility, and accountability to make
reasonable efforts to ensure the accuracy upon entry, and continuing accuracy thereafter, of
information that it contributes to an AZLink Regional Agency. Should a Contributing Agency
receive a challenge to, or reasonable question about the accuracy of its information, the
Contributing Agency will notify the AZLink Regional Agency and the AZLink Governance
Committee in writing as soon as is practicable.
E. AZLink regional information may be accessed and used by agencies for official criminal law
enforcement, probation, and national security purposes only. All agencies will protect
information from disclosure to the greatest extent possible consistent with the Freedom of
Information Act, the Privacy Act of 1974, any other applicable laws and applicable
compulsory processes (such as a court order). All agencies will notify the AZLink Regional
Agency immediately upon becoming aware of any lawsuit, proceeding, or information
demand brought in state or federal court seeking access to agency information, in either
verbatim or derivative form.
F. Access is trackable and reportable through the information system. The Regional Agency
will ensure that Client Agencies restrict access to information obtained under the terms of
this MOU to only those authorized supervisors, law enforcement officers, probation and
surveillance officers, intelligence research specialists, employees, agents, representatives,
task force members, contractors/subcontractors, or consultants who require access to the
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information described in this MOU to perform their official duties. There shall be no access
of unauthorized personnel to the information contained in or accessible through the RLES.
G. To the extent that the RLES contains information covered by the Bank Secrecy Act (31
U.S.C. § 5311 et. seq.), each participating Regional and Client Agency will sign a separate
MOU acknowledging that they will not further disseminate such information to any party
without prior written authorization from Immigration and Customs Enforcement (ICE). ICE
will provide each agency a standard MOU containing this acknowledgment. The failure of
any agency to sign the MOU will result in all Bank Secrecy Act information being removed
from the RLES.
H. All agencies acknowledge that information, including analytical products derived therefrom,
may not be used as a basis for action or disseminated for any purpose or in any manner
outside the agency that accessed the information, unless that agency first obtains the
express permission given in writing from the Originating Agency. Specifically included within
this prohibition is any inclusion of information in an official investigative or case file, or any
use of information in the preparation of judicial processes such as affidavits, warrants, or
subpoenas. Agency users of information may not print or electronically retain information
without obtaining permission from the Originating Agency. When information is summarized
or otherwise documented, the AZLink Regional or Client Agency will document the
permission granted by the Originating Agency.
I. All agencies are responsible for ensuring that their supervisors, law enforcement officers,
probation and surveillance officers, intelligence research specialists, employees, agents,
representatives, task force members, contractors/subcontractors, or consultants with
access to the information are properly advised of the rules governing the handling of data,
including specialized handling necessary for data on citizens and lawful permanent
residents of the United States and are fully apprised of the terms and conditions of this
MOU.
J. When alerted to any attempts to gain inappropriate access to data, Client Agencies shall
report such events in a timely manner to the AZLink Regional Agency. Reporting such
events should be done as soon as reasonably practicable, and in any case, not later than 24
hours after the Client Agency becomes aware of any breach of privacy or security.
ARTICLE VII. FINANCIAL CONSIDERATIONS
A. Each Regional and Client Agency is responsible for the cost of acquiring and maintaining
the necessary hardware and licensed software to participate in the AZLink system. Nothing
included in this MOU requires any agency to fund the activities of any other agency.
B. Regional and Client Agencies may individually or collectively apply for grant funding. Any
joint grant funding which may result from such applications will be outside of this MOU.
Such monies shall in no way be controlled by or fall under the jurisdiction of this MOU.
ARTICLE VIII. INSURANCE
No insurance is required for any government agencies. Any contractor performing duties under
this MOU must comply with the insurance requirements for contracts with Arizona State
agencies. The insurance requirements are available from the Arizona Department of Risk
Management.
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ARTICLE IX. INDEMNIFICATION
Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as
"Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorneys’ 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 the act,
omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents,
employees, or volunteers.
In addition, the parties shall cause its contractor(s) and subcontractors, if any, to indemnify,
defend, save and hold harmless the State of Arizona, any jurisdiction or agency issuing any
permits for any work arising out of this MOU, and their respective directors, officers, officials,
agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all
claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees,
and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”)
for bodily injury or personal injury (including death), or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of the parties’ contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount arising out of or
recovered under the Workers’ Compensation Law or arising out of the failure of such contractor
to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree.
It is the specific intention of the parties that the Indemnitee shall, in all instances, except for
Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by such contractor from and against any and all claims. It is agreed that such
contractor will be responsible for primary loss investigation, defense and judgment costs where
this indemnification is applicable.
ARTICLE X. E-VERIFICATION OF EMPLOYEES
The parties mutually warrant that they follow A.R.S. § 41-4401 and further acknowledge that:
(1) They and their subcontractors, if any, warrant their compliance with A.R.S. § 41-4401
and all federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214, subsection A, and shall keep a record of the
verification for the duration of the employee’s employment or at least three years,
whichever is longer;
(2) A breach of a warranty under subsection (1) above shall be deemed a material breach
of the MOU that is subject to penalties up to and including termination of the MOU;
(3) The parties mutually retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the MOU to ensure that the contractor or
subcontractor is complying with the warranty provided under subsection (1) above and
that the contractor agrees to make all papers and employment records of said
employees(s) available during normal working hours in order to facilitate such an
inspection; and
(4) That nothing herein shall make any contractor or subcontractor an agent or employee of
any of the governmental entities that are parties to this MOU.
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ARTICLE XI. REQUIRED TERMS FOR ACCESS TO PROBATION RECORDS
Client and Regional Agencies must agree to the terms listed in the Arizona Code of Judicial
Administration section 1-606.
ARTICLE XII. NON-DISCRIMINATION
Both parties shall comply with Executive Order 2009-9, which mandates that all persons,
regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal
access to employment opportunities, and all other applicable state and Federal employment
laws, rules, and regulations, including the Americans with Disabilities Act. Both parties shall
take affirmative action to ensure that applicants for employment and employees are not
discriminated against due to race, creed, color, religion, sex, national origin or disability.
ARTICLE XIII. APPLICABLE LAW; LEGAL OBLIGATIONS
This MOU shall be construed in accordance with the laws of the State of Arizona. This MOU
does not relieve either party of any obligation or responsibility imposed upon it by law.
ARTICLE XIV. ARBITRATION
Except for processes for handling of disputes that are addressed elsewhere in this MOU, the
parties to this MOU agree to resolve other disputes arising out of or relating to this MOU through
arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. §
12-1518 except as may be required by other applicable statutes. The resolution may result in
termination of the MOU.
ARTICLE XV. WAIVER AND MODIFICATION
None of the provisions of the MOU may be waived, changed or altered except in writing signed
by both parties.
ARTICLE XVI. AVAILABILITY OF FUNDS
Every payment obligation of either party under this MOU is conditioned upon the availability of
funds allocated for the payment of such obligation. If funds are not allocated and available for
the continuance of this MOU, this MOU may be terminated by either party or any other agency
of the State of Arizona at the end of the period for which funds are available. No legal liability on
the part of either party or any other agency of the State of Arizona for any payment may arise
under this MOU until and only if funds are made available for performance of this MOU. If the
necessary funds are not made available, then that party shall provide written notice to the other
party and may cancel this MOU without further obligation. No liability shall accrue to either party
or any other agency of the State of Arizona in the event this provision is exercised, and neither
party nor any other agency of the State of Arizona shall be obligated or liable for any future
payments or for any damages as a result of termination under this paragraph, including
payments or damages for purchases or subcontracts entered into in anticipation of funding.
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ARTICLE XVII. METHOD OF EXECUTION
This MOU 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 MOU.
ARTICLE XVIII. NOTICE
Any notice given pursuant to this MOU shall be in writing and shall be considered to have been
given when received by the following addressees or their agents or employees:
for Maricopa County: for City of Phoenix:
Captain George Acritelli Jesse W. Cooper
Criminal Intel and Counter Terrorism Strategic Information Bureau
c/o Criminal Intelligence and Phoenix Police Department
Investigations Bureau 620 W Washington Street
550 W Jackson Street 5th Floor Phoenix, AZ 85003
Phoenix, AZ 85003
[Signatures on following page, this section left blank intentionally.]
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MOU City of Phoenix and Maricopa County
IN WITNESS WHEREOF, this MOU is effective as of the date of the last signature. Further, in
signing the MOU the signatories below affirm and attest that they are authorized to execute this
MOU on behalf of their respective party.
Maricopa County Board of Supervisors
By:______________________ _________
Steve Chucri Date
Chairman of the Board
ATTEST:
_________________________ _________
Fran McCarroll, Date
Clerk of the Board
City of Phoenix Police Department Maricopa County Sheriff’s Office
By: ______________________ _________ BY: _____________________ _________
Jeri Williams Date Paul Penzone Date
Chief Maricopa County Sheriff
APPROVED AS TO FORM: APPROVED AS TO FORM:
_________________________ _________ _________________________ _________
Acting City Attorney Date Deputy County Attorney Date
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