MOU AZ ATTORNEY GENERAL AZ LINK C-50-17-005-3-00.PDF

AZLink
MEMORANDUM OF UNDERSTANDING
between
MARICOPA COUNTY
on behalf of
Maricopa County Sheriff’s Office
and
ARIZONA ATTORNEY GENERAL’S OFFICE
on behalf of the
Criminal Division
FOR SHARING LAW ENFORCMENT INFORMATION
This Memorandum of Understanding (“MOU”) is made and entered into this 01 day of July,
2016, by and between Maricopa County, on behalf of Chief Law Enforcement Officer, Joseph
Arpaio, and 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 Arizona Attorney
General’s Office on behalf of its Criminal Division (“AZAG”), 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
with the AZLink Eastern Arizona Region 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
the purpose of developing regional programs, insuring compliance of standards, policies,
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procedures and security. The Committee oversees the AZLink regional law enforcement
information sharing program across the state.
The AZLink Governance Committee also works with federal agencies and other states on
developing information sharing programs and creating standard MOUs. Each AZLink 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 Regions work with their 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 regions.
Each region connects local client agencies to the RLES. Through the RLES, client agencies
have access to information from other client agencies.
This agreement adds the AZAG as a Client Agency in the AZLink Arizona Region RLES have
access to information from other client agencies participating in the AZLink program.
ARTICLE II. DEFINITIONS
A. “Client agencies” are law enforcement agencies participating in AZLink who are read
only. Federal and non-Arizona state agencies may also be considered client agencies.
B. “Contributing agencies” are agencies participating in the AZLink data sharing effort that
contribute data and have access to AZLink RLES.
C. “Regional agency” in this MOU refers to the AZLink Arizona Region. The MCSO is the
Administering Agency for the AZLink Arizona Region. Mesa Police Department for the
Eastern 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. “Owning Agency” in this MOU will be defined as the agency that controls he information
generated by their 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 shall continue in force until
either agency provides sixty (60) 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 sixty (60) 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 contract within three (3) years after its execution without penalty or
further obligation if any person significantly involved in initiating, negotiating, securing, drafting
or creating the contract on behalf of the state, its political subdivisions, or any of the
departments or agencies of either is, at any time while the contract or any extension of contract
is in effect, an employee or agent of any other party to the contract in any capacity or a
consultant to any other party of the contract with respect to the subject matter of the
contract. 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 into 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 any Criminal History Record information as defined in A.R.S. § 41-1750 and
28 C.F.R. 20.3 including in the law enforcement information from the system.
C. Client and regional agencies 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 the regional agencies 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
systems.
E. If at any time any client agency violates the requirements of this MOU in regards 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 sixty (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 shared
data system 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’ notice to the
offending agency of the initial dispute. 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 system
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 participating 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 participating 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 client 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 client agency receive a challenge
to or reasonable question about the accuracy of client agency information, the client 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 participating agencies acknowledge that information, including analytical products
derived therefrom, may not be used as a basis for action or disseminated for any other
purpose or in any other manner outside the agency that accessed the information, unless
that agency first obtains the express permission given in writing from the owning 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 owning agency.
When information is summarized or otherwise documented, the AZLink regional or client
agency will document the owning agency.
I. All participating 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 be 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 considered to 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
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agencies. The insurance requirements are available from the Arizona Department of Risk
Management.
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 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 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 are in compliance with 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 contract that is subject to penalties up to and including termination of the contract;
(3) The parties mutually retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the contract 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
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(4) That nothing herein shall make any contractor or subcontractor an agent or employee of
either of the contracting governmental entities.
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 as long as 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 contract shall be in writing and shall be considered to have
been given when actually received by the following addressees or their agents or employees:
for Maricopa County: for Arizona Attorney General’s Office:
Captain Timothy Palmer Arizona Attorney General’s Office
Criminal Intel and Counter Terrorism Criminal Division
c/o Criminal Intelligence and 1275 W Washington
Investigations Bureau Phoenix, AZ 85007
550 W Jackson Street 5th Floor
Phoenix, AZ 85003
IN WITNESS WHEREOF, the chief law enforcement officer and chief executive officer of the
parties hereto have given their respective consents authorized by A.R.S. §13-3872 and the
parties hereto have executed this MOU by and through their respective officers duly authorized.
Arizona Attorney General’s Office Maricopa County Board of Supervisors
_________________________ _________ _________________________ _________
Signature Date Clint Hickman, Chairman Date
Chairman of the Board
ATTEST: ATTEST:
_________________________ _________ _________________________ _________
Signature Date Fran McCarroll, Date
Clerk of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
_________________________ _________ _________________________ _________
Attorney Date Deputy County Attorney Date
_________________________ _________ _________________________ _________
Chief Paul Ahler Date Sheriff Joseph M. Arpaio Date
Arizona Attorney General’s Office Maricopa County Sheriff’s Office
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