5.27.15 - MOU BETWEEN MCSO SUPERIOR COURT..PDF

Memorandum of Understanding
Between
Superior Court of Arizona, in and for the County of Maricopa
and
Maricopa County by and through the Maricopa County Sheriff’s Office
for Use of Facilities and Fingerprinting Services
WHEREAS, the State of Arizona has established an automated fingerprint identification system
pursuant to its authority under A.R.S. §§41-1750 and 41-2411, for the purpose of retaining
fingerprint files to be used by the Department of Public Safety and other authorized criminal
justice automated fingerprint identification sites to make fingerprint identifications for criminal
justice and noncriminal justice purposes specifically permitted pursuant to law.
WHEREAS, Maricopa County Sheriff’s Office (“MCSO”) has been designated a FAST site by
the AZAFIS Advisory Board and a law enforcement agency designated by the AZAFIS
Advisory Board that, in addition to being responsible for entering and searching its own agency's
tenprints and latent prints against the centralized AZAFIS databases at the Arizona Department
of Public Safety, is also required to process tenprints and latents for all other law enforcement
agencies within the county in which the FAST site agency is located. Electronic submission of
tenprints provides immediate updates to a person’s computerized criminal record. MCSO is also
authorized to operate a LiveScan Interface (ALI) site which allows MCSO to capture arrestees'
fingerprints with the installed devices and then transmit them electronically to an AFIS
workstation at the Central Site, a FAST site, or an RT site for automated searching and
subsequent electronic filing; eliminating the need to mail arrest fingerprint cards. The network
provides a means for electronically submitting and transmitting other information such as:
mugshots, palm prints, motor vehicle driver license photos and latent prints into the AZAFIS
system,
WHEREAS, the Superior Court of Arizona, in and for the County of Maricopa, hereinafter
referred to as “Court” is responsible for submitting dispositions of all charges the Central State
Repository pursuant to A.A.C. R13-1-104 and Rule 37 of the Arizona Rules of Criminal
Procedure,
THEREFORE, the parties hereby enter into this Memorandum of Understanding, hereinafter
referred to as “MOU.”
1. PURPOSE
The purpose of this MOU is to facilitate MCSO’s use of space in the South Court Tower, located
at 175 W. Madison St., Phoenix, AZ for MCSO to perform fingerprinting and identification
services and to allow the Court access to those services to facilitate the Court’s reporting of
dispositions pursuant to Arizona statutes and rules.
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2. TERM
The term of this MOU is from January 1, 2015 until January 1, 2025. This MOU shall be
effective upon execution by all parties and continue until termination according to the terms of
this agreement.
3. TERMINATION
This MOU shall terminate upon the agreement of the parties, or as directed by the terms of the
MOU. This MOU is subject to early termination by all parties for any reason upon 30 days
written notice.
4. AMENDMENT
This MOU may be amended by mutual written agreement signed by all parties.
5. DUTIES OF SUPERIOR COURT
A. Office space will be provided to MCSO at 175 W. Madison St., Phoenix, AZ, the
specific space and schedule to be agreed upon by MCSO and the Presiding Judge or
designee, for MCSO staff to provide fingerprinting and identification services. Should a
dispute occur as to the space available or its use, the Presiding Judge shall make the final
decision as to the space and its use, provided however, that the facilities provided shall
enable MCSO to comply with all federal state security measures relating to the collection,
storage, dissemination and access of criminal justice and criminal history information as
more fully set forth in statutes and AAC R13-1-201
B. The office space will be available to MCSO during the hours of 8:00 AM to 5:00 PM on
Court business days. Any after-hours, weekend, or holiday use of the space shall require
the approval of the Presiding Judge or designee.
C. The Court may provide keys or badge access (depending on the restrictive measures to
the space provide) to MCSO employees for the space provided. MCSO employees shall
be responsible for the keys. Any MCSO employee provided a key under this MOU shall
be required to sign for the key, shall not make any copies of the key, and shall be
responsible for the costs associated with a lost or misplaced key. Any MCSO employee
who loses or misplaces a key shall immediately notify the Criminal Court Administrator
or designee of the lost key. Upon the termination, dismissal, and or transfer of any
MCSO employee who has received a key under this MOU, the MCSO employee shall
immediately return the key to the Criminal Court Administrator or designee.
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D. Both the Court and County at all times retains the right of access and right to inspect the
entire property at 175 W. Madison St., Phoenix, AZ regardless of whether the space is
being used by MCSO. Access shall be made available at a reasonable time upon
reasonable notice but shall not violate security measures imposed by state or federal law
or prescribed by A.A.C. R13-1-201.
E. The Court retains the right to refuse access to 175 W. Madison St., Phoenix, AZ to any
individual at any time, regardless of whether the individual is an employee, volunteer or
contractor of MCSO.
F. The Court retains the responsibility for all business operations associated with the
building. The Court nor the County shall charge MCSO any fees for the use of the
facilities.
6. DUTIES OF MCSO
A. MCSO shall use the space provided by the Court to provide fingerprinting and
identification services and report Court dispositions to the centralized AZAFIS databases.
B. MCSO will provide staff necessary to provide the services as agreed upon with the Court.
C. MCSO is responsible to supervise and train its staff in accordance with all applicable
state and federal law and rules.
D. MCSO will provide its own computers, printers, scanners, peripheral equipment, and
supplies, in addition to any technical assistance necessary for the setup, maintenance, and
use of any electronic equipment.
E. MCSO employees will abide by the policies and procedures of the Court when using the
space provide pursuant to this MOU, including but not limited to security policies. The
security policies shall comport with federal and state law and security measures imposed
by AACR13-1-201.
F. MCSO has the responsibility for paying all personnel and equipment expense associated
with the provision of fingerprinting and identification services.
G. Upon termination of the lease, MCSO shall retain ownership of its computers, printers,
scanners, peripheral equipment, and supplies.
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7. 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 the act,
omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents,
employees, or volunteers.
8. INSURANCE REQUIREMENTS FOR GOVERNMENTAL PARTIES TO MOU
None.
9. INSURANCE REQUIREMENTS FOR ANY CONTRACTORS USED BY A PARTY
TO THE MOU
Although the MOU does not anticipate the use of contractors, if MCSO uses any contractors in
the space provided by the Court, the contractor shall have minimum insurance required the
Arizona Department of Administration, Risk Management Division. The minimum insurance
requirements are available online at https://staterisk.az.gov.
10. AUDIT OF RECORDS
Pursuant to A.R.S. §§ 35-214 and 35-215, all parties shall retain all data, books and other
records (“records”) relating to this MOU for a period of five years after completion of the
Agreement. All records shall be subject to inspection and audit by the State of Arizona at
reasonable times. Upon request, all parties shall produce the original of any or all such records.
11. CANCELLATION FOR CONFLICT OF INTEREST
The requirements of A.R.S. § 38-511 apply to this MOU. All parties may cancel this MOU,
without penalty or further obligation, if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of any party is, at any time
while this MOU or any extension is in effect, an employee or agent of the other party with
respect to the subject matter of this MOU.
12. NON-DISCRIMINATION
All 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. All 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.
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13. COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401—IMMIGRATION LAWS
AND E-VERIFY REQUIREMENT
A. All parties warrant compliance with all Federal immigration laws and regulations relating
to employees and warrant its compliance with Section A.R.S. § 23-214, Subsection A,
which reads: “After December 31, 2007, every employer, after hiring an employee, shall
verify the employment eligibility of the employee through the E-Verify program.”
B. A breach of a warranty regarding compliance with immigration laws and regulations shall
be deemed a material breach of the contract and the other parties may be subject to
penalties up to and including termination of the MOU.
C. All parties retain the legal right to inspect the papers of any employee who works on the
MOU to ensure that the other party or any contractor or subcontractor is complying with
the warranty under paragraph 11(a).
14. APPLICABLE LAW
This MOU shall be construed in accordance the laws of the State of Arizona.
15. LEGAL OBLIGATIONS
This MOU does not relieve any party of any obligation or responsibility imposed upon it by law.
16. ARBITRATION
The parties to this MOU agree to resolve all 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.
17. WAIVER AND MODIFICATION
None of the provisions of the MOU may be waived, changed or altered except in writing signed
by all parties.
18. AVAILABILITY OF FUNDS
Each party is responsible for its own costs incurred in complying with this MOU. 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
parties and may cancel this MOU without further obligation. No liability shall accrue to either
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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.
19. WAIVER OF CONFLICT.
The parties to this agreement have chosen attorneys for the purpose of reviewing this MOU.
Counsel for MCSO are attorneys employed by the Civil Services Division of the Maricopa
County Attorney’s Office (Civil Services Division). The Court employs staff counsel for the
purpose of reviewing MOUs and providing advice. By their signature below, MCSO and the
Court acknowledge that they are aware that their respective counsel will represent each as to the
material issues as stated in this MOU, and each party expressly waives any conflict created
thereby..
20. NOTICES
All notices, claims, request, and demands under this MOU are to be in writing and served in
person or via certified (return receipt requested) United States mail, postage prepaid, addressed
as follows:
If to the Court: Superior Court in Maricopa County
201 W. Jefferson
Phoenix, Arizona 85003
Attn: Court Administrator
If to MCSO: Maricopa County Sheriff’s Office
Deputy Chief Jack MacIntyre
Support Services Bureau 2
550 W. Jackson Street
Phoenix, AZ 85003
or at such other address as shall be indicated in writing by each party. Service by certified mail
will be deemed to occur on the postmark date borne by the return receipt.
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In witness whereof, the parties hereto have executed this MOU on the date written below:
____________________________ _______________________________
Honorable Norman J. Davis Steve Chucri, Chairman
Presiding Judge Maricopa County Board of Supervisor’s
Superior Court of Arizona
____________________________ _______________________________
Date Date
Attested to by:
________________________________
Fran McCarroll, Date
Clerk of the Board
________________________________
Joseph Arpaio, Date
Maricopa County Sheriff
APPROVED AS TO FORM:
________________________________
Deputy County Attorney Date
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