IGA WITH AZTRACS.DOC

Maricopa County — Formal (2013-08-21)

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INTERGOVERNMENTAL SERVICE AGREEMENT
AzTraCS Use
Between
Arizona Department of Transportation
And
Maricopa County Sheriff’s Office
ADOT Contract Number: DT-ITG-2013-002
____________________________________________________________
THIS agreement (Agreement) is entered into between the Arizona Department of Transportation
(ADOT) and Maricopa County Sheriff’s office (AGENCY) for the purpose of outlining
responsibilities for the use of the software development toolkit, state standard data entry forms,
GIS incident location tool and associated data files, central-site database schema, XML
Electronic Incident Data Submission (EIDS) and all associated documentation / instructions
(collectively hereinafter referred to as Arizona Traffic and Criminal Software, or AzTraCS).
WHEREAS, the Traffic and Criminal Software (TraCS) development toolkit is licensed by the
Iowa Department of Transportation for ADOT to develop Arizona’s custom safety data collection
capabilities; which include crash, citation and other data entry forms (i.e., state standard data
entry forms) for the electronic capture by and transfer of data from law enforcement agencies to
ADOT and the courts. The licensing of TraCS is managed through the Governor’s Office of
Highway Safety and the Arizona Traffic Records Coordinating Committee (AzTRCC), a
multidisciplinary entity whose membership includes collectors, managers and users of traffic,
crash, public health and injury control data;
WHEREAS, it is the intention of ADOT to provide AzTraCS to any law enforcement agency in
Arizona free of charge, based on ADOT support staff availability and the AGENCY’s ability to
self-support;
WHEREAS, A.R.S. § 11-952 authorizes both parties to enter into this Intergovernmental
Agreement;
WHEREAS, A.R.S. § 28-410 authorizes ADOT to enter into an agreement for the maintenance
and support for computer software distributed to other agencies or political subdivisions of this
state; and
WHEREAS, upon mutual agreement, both parties agree to the terms and definitions described
below and on the following pages for the use of AzTraCS, in whole or in part.
THEREFORE, both parties agree as follows:
SECTION I. TERMS OF AGREEMENT
1. ADOT agrees to provide the current version of AzTraCS to the AGENCY at no cost to
the AGENCY.
2. This Agreement will become effective upon proper execution and will remain in effect for
the duration of the program, unless sooner terminated in accordance with the provisions
of this Agreement.
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3. This Agreement constitutes the entire agreement between the parties hereto with
respect to the subject matter hereof and shall supersede all previous negotiations,
comments and writings. It shall not be released, discharged, changed or modified
except by an instrument in writing signed by a duly authorized representative of each of
the parties.
4. Either party may terminate this Agreement for failure by the other to perform as
described herein. The termination process may begin no earlier than fifteen (15) days
after written notification of default to the non-performing party, during which fifteen (15)
day time period the non-performing party has the opportunity to cure its default (the
Fifteen Day Cure Period). After the Fifteen Day Cure Period and upon failure of the non-
performing party to cure its default, the other party may terminate the Agreement by
providing advance written notification of termination to the non-performing party. Thirty
(30) days after the date that the written notification of termination is mailed, the
Agreement shall be held as terminated unless the party commencing the termination
process withdraws, through a written withdrawal, its notification of termination prior to the
expiration of the thirty (30) day period. Both parties shall make a reasonable effort to
resolve the default or claim of default, prior to issuance of the termination notice.
5. Any Amendment to this Agreement shall be in writing and shall be signed by both
parties.
6. Pursuant to A.R.S. § 38-511, both parties may cancel this Agreement without penalty or
further obligation in the event any person significantly involved in initiating, negotiating,
securing, drafting or creating the Agreement on behalf of ADOT is or becomes at any
time while the Agreement or an extension or renewal of the Agreement is in effect an
employee of or a consultant to any party to this Agreement with respect to the subject
matter of the Agreement. The cancellation shall be effective when the AGENCY
receives written notice of the cancellation unless the notice specifies a later time. ADOT
may, by written notice to the AGENCY, immediately terminate this Agreement if ADOT
determines that employment or a gratuity was offered or given by AGENCY or any agent
or representative of AGENCY to any officer or employee of ADOT for the purpose of
influencing the securing of the Agreement, an amendment of the Agreement, or
favorable treatment concerning the Agreement, including the making of any
determination or decision regarding Agreement performance.
7. AGENCY shall comply with Executive Order 99-4, 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. AGENCY 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.
8. Both parties may cancel this Agreement without penalty or further obligation in the event
adequate funding is no longer available from the AzTRCC or a replacement source. The
cancellation shall be effective when AGENCY receives written notice of the cancellation
unless the notice specifies a later time.
9. In accordance with A.R.S. § 28-410, AGENCY shall not distribute, license, lease or sell,
in whole, or in part, AzTraCS to any other entity.
10. AGENCY agrees:
a. This Agreement is only for the use of AzTraCS by the AGENCY. The AGENCY
may allow use of AzTraCS by governmental units within its municipal structure,
however, AzTraCS will not be distributed beyond the AGENCY nor will any part
of AzTraCS be used with any other application software without prior written
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approval from ADOT. ADOT must be informed in writing of all instances of
assigning the use of AzTraCS to the AGENCY's governmental units.
b. To not alter the state provided form(s) and the AzTraCS database in any way
without express written approval from ADOT.
c. To direct change requests for state provided form enhancements or any
component of AzTraCS to ADOT.
d. To introduce custom system enhancements at the AGENCY level only.
e. To coordinate the use of AzTraCS with local courts.
f. To designate AGENCY contact(s) for: problem resolution, transmission issues,
training (“train-the-trainer”); and to make appropriate personnel available for
training.
g. To provide feedback to ADOT on request, including copies of all collected data
and other essential data files. This data will only be used by ADOT for research,
testing, debugging and development purposes, and will not be released to the
general public.
h. To use an ADOT approved GIS incident location tool to locate crashes, if GIS
meets the AGENCY needs.
i. To participate in the electronic transfer of data, via the XML Electronic Incident
Data Submission (EIDS) capabilities built into AzTraCS. This data will then be
transferred to ADOT, Administrative Office of the Courts (AOC), etc., for
processing.
j. To notify ADOT of any newly developed AGENCY forms and to share such forms
with ADOT upon request.
k. To deploy the GIS incident location tool and data file updates, as well as any new
AzTraCS software releases within sixty (60) days of receipt.
l. To supply, configure, administer and provide first-line support for all hardware
(such as laptops, server, barcode scanners, printers), central-site database and
secure network connectivity enabling the use of AzTraCS and/or XML EIDS.
m. To manage, support and ensure security is properly implemented within
AzTraCS.
n. To provide ADOT with a software viewer for any diagramming tool software
employed with AzTraCS.
o. To adhere to state data classification and handling policies and standards.
p. To maintain a current ADOT Data Access/Exchange Agreement.
11. ADOT agrees:
a. To review, prioritize and schedule change requests for inclusion in future
software releases. Change requests for state provided form enhancements or
any component of AzTraCS shall be directed by AGENCY to ADOT. Any
enhancement that requires funding will be the responsibility of the AGENCY to
obtain the necessary financing. If the enhancement benefits multiple agencies,
ADOT will assist in securing funding. No matter where funding comes from,
ADOT and/or its contractors will make all changes to AzTraCS. Once AzTraCS
begins statewide rollout, an AzTraCS steering committee, comprised of AzTraCS
user agency representatives, shall be formed to prioritize AzTraCS
enhancements, functionality requests, issues, etc.
b. To support the use of the AzTraCS system by offering one training session,
which will be held at an agreed upon site not to exceed two (2) days in length.
This will be an in-depth, technical training session, which should be attended by
members of the AGENCY staff designated to serve in the roles of system
administrators, trainers, installers and supporters.
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c. To provide limited telephone support to answer questions during the initial setup
of AzTraCS. The support is not to exceed three (3) hours per week Monday
through Friday and is limited to two (2) designated persons within the AGENCY.
d. To provide training and installation documentation, an AzTraCS User Guide, an
AzTraCS Technical Guide, and System Administration manual on a CD-ROM or
in other electronic format.
e. To provide programming development, enhancements, deployment and ongoing
support of AzTraCS.
f. To provide periodic updates of the electronic map data file used by the GIS
incident location tool.
g. To provide software releases, bug fixes and other updates on CD-ROM or in
other electronic format. One CD will be provided to the designated contact within
the AGENCY.
h. To support AzTraCS administrative requirements including funding for licensing,
marketing and other managerial support.
12. Both parties agree:
a. To maintain all parts of AzTraCS under their control. The portion of the system
“under Agency control” includes:
 The hardware and operating system associated with the in-vehicle equipment
 The hardware, database and operating system associated with the central-
site AzTraCS computer.
 Backup & restoration of all system and crash data.
“Maintenance” generally means support, upkeep, repair and periodic duplication
or “back-up” of records in order to safeguard the data. The AGENCY will take
reasonable measures to prevent or correct system trouble with any portion of the
system “under their control”. If the AGENCY determines any system trouble to
be under state control, it will notify and work with the proper state representative.
b. To develop a process for forms development by Arizona agencies.
c. Representatives on the AzTraCS steering committee shall only be from agencies
that have signed a like-kind or similar Interagency Service Agreement.
d. ADOT is the sole contractor and sole contact agency with Technology Enterprise
Group (TEG), an approved vendor of the Iowa TraCS development toolkit.
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SECTION II. AUTHORIZATION
IN WITNESS THEREOF, the parties hereto agree to carry out the terms of this Agreement.
Arizona Department of Transportation Maricopa County
Signature of Authorized Individual Andrew Kunasek, Chairman
Printed Name Printed Name
Chief Information Officer Chairman of the Maricopa County Board of
Supervisors
Title Title
Date of Signature Date of Signature
Attest: Attest:
Tamara Price Fran McCarroll
Printed Name Printed Name
Telecommunication Enterprise Business
Services Manager Clerk of the Board of Supervisors
Title Title
Date of Signature Date of Signature
APPROVED AS TO FORM
This day of , 2013
By:
Deputy Maricopa County Attorney
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POINTS of CONTACT
ADOT Primary: ADOT Secondary:
Tamara Price Sarah Shank
Telecommunications & Enterprise Telecommunications & Enterprise
Business Services Manager Business Services
206 S. 17th Ave, MD 119A 206 S. 17th Ave, MD 119A
Phoenix, AZ 85007 Phoenix, AZ 85007
Email Address: TPrice@azdot.gov Email Address: sshank@azdot.gov
Telephone: 602-712-7170 Telephone: 602-712-4587
FAX: 602-712-8105 FAX: 602-712-8105
Maricopa County Primary: Maricopa County Secondary:
Shelly Bunn, Deputy Chief Dave Davis
Maricopa County Sheriff’s Office Maricopa County Sheriff’s Office
Technology Bureau Business Applications Service Division
100 W. Washington, Suite 1900 Email: dave_davis@mcso@maricopa.gov
Phoenix, AZ 85003 Phone: 602.876.1819
Email: S_bunn@mcso.maricopa.gov FAX: 602.876.4056
Telephone: 602.262.4781/ 602.876.1819-office
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