AZTRACS IGA - MARICOPA COUNTY RV.PDF

ADOT
Intermodal Transportation Janice K. Brewer, Governor
John S. Halikowski, Director
Jennifer Toth, State Engineer
Robert Samour, Senior Deputy State Engineer, Operations
Dallas Hammit, Senior Deputy State Engineer, Development
DATA ACCESS / EXCHANGE AGREEMENT
ADOT File No.: JPA/IGA 13-0002434-1
Date:
(Last date of Execution)
Narne of Department: Maricopa County Sheriff's Office
Doing Business As: Maricopa County Sheriff s Office
Business Address: 550 W. Jackson Avenue
Phoenix, Arizona 85003
Mailing Address: Sarne
Telephone Number: (602) 876-1819
Maricopa County Sheriff's Office (AGENCY) hereby requests authorization for connectivity to
the Arizona Department of Transportation's (ADOT) (check all that apply):
lID ALISS Database to submit electronic crash records.
o ALISS Database to access and retrieve crash data.
lID oSafety Data Mart to query, analyze and retrieve crash data.
Maricopa County Sheriff's Office (AGENCY) is authorized to enter into this Agreement
pursuant to §48.572
The AGENCY (as defined below) hereby requests authorization for connectivity to the ALISS
Database and/or AIDW Safety Data Mart of the Arizona Department of Transportation, Intermodal
Transportation Division (lTD). The AGENCY's specific access capabilities are set forth and
further described in the attached Addendum, which shall be considered a part of this Agreement
between the AGENCY and ADOT.
The AGENCY understands and agrees that it shall only access the ALISS Database and/or the
AIDW Safety Data Mart in accordance with the terms and conditions set forth herein. If at any
time ADOT believes the AGENCY is using such access in an unauthorized or unlawful manner,
ADOT reserves the right, in its sole discretion, to immediately terminate this Agreement.This
Database Access Agreement complies with GITA Statewide Standard P740-S741, Standard 4.7.3.

Definitions
"ADOT" means the Arizona Department of Transportation.
"ALISS" means the Accident Location, Identification and Surveillance System.
"Authorized individuals" means those persons who are employed or contracted by AGENCY to
perform the activities authorized hereunder.
"Connectivity" means to make and/or maintain a computer connection with ADOT for the purpose
of performing the activities authorized under this agreement.
"AGENCY" means Maricopa County Sheriff's Office
"Encrypt" means to scramble computerized information to secure data by using special algorithms
for transmission or other purposes.
"Personal Information" means information that identifies an individual, including without
limitation an individual's name, photograph, social security number, driver license number,
physical description, race, ethnic origin, sexual orientation, income, blood type, DNA code,
fingerprints, marital status, religion, home address, home telephone number, education, financial
matters, and medical or employment history readily identifiable to a specific individual but does
not include information on vehicular accidents, driving violations, and driver's status.
"RACF" means Resource Access Control Facility, which is a software security product that
protects information by controlling access to it.
"Secure location" means an area designated specifically for authorized individuals to access
ADOT's database(s) and to which all unauthorized individuals shall be prohibited from entering.
"Sensitive Information" means any state information either in detail or aggregate that may be
prejudicial or harmful to the state and its citizens.
Location of Activities
AGENCY may conduct authorized activities only at those locations which have been pre-approved
by ADOT such as their place of business that adheres to the other guidelines outlined in this
Agreement. ADOT reserves the right, in its sole discretion, to disapprove of location.
Equipment
AGENCY shall obtain computer equipment and software that is compatible with the information
systems and connectivity requirements of ADOT, and which will allow access only to the specific
database(s) listed in the Addendum to this Agreement.
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Data Security
AGENCY shall provide a secure location for all computer equipment used to access ADOT's
database(s).
AGENCY shall provide access to ADOT's ALISS Database and/or Safety Data Mart only to
AGENCY personnel or contractors who are authorized individuals, and to no one else. If at any
time ADOT believes that an authorized individual is using such access inappropriately, ADOT
reserves the right to immediately terminate that individual's database access and/or to terminate
AGENCY authorization under this Agreement.
AGENCY shall comply with all ADOT policies, procedures and directives regarding security and
database access, including any future amendments thereto. All subcontractors utilized to perform
the activities authorized by this Agreement must abide by the same security and access
requirements as AGENCY.
AGENCY must disclose and obtain ADOT approval of any existing and/or contemplated strategic
alliances, partnerships, Intergovernmental Agreements or subcontracting arrangements that
AGENCY has or will enter into which involve the processing and/or use of ADOT data acquired
pursuant to this Agreement.
AGENCY, its officers, agents, employees, contractors and representatives shall not, without the
prior written approval of ADOT, disclose, distribute, or utilize in any manner not expressly
authorized under this Agreement, any personal or sensitive information which is connected or
otherwise associated with or accessed pursuant to this Agreement, either during the term of this
Agreement or subsequent to any termination of this Agreement.
AGENCY shall maintain all hard copy information and electronic data related to this Agreement in
a secure location at all times.
Data Privacy
AGENCY shall not utilize its computer connections with ADOT for any purpose other than the
purpose(s) specified in the Addendum to this Agreement.
Network Security
AGENCY understands and agrees that any and all personal or sensitive information that it stores
or transmits over external or public computer networks, such as the Internet, must be encrypted.
AGENCY computers that are permanently or intermittently connected to internal computer
networks must have an ADOT approved, password-based, access control system in order to access
ADOT's database(s). This requirement applies to computers with direct connections to data
centers, as well as AGENCY "wide area network." Regardless of the network connections, all
AGENCY computers which are used to access ADOT information must employ approved,
password-based, access control systems.
All in-bound connections to AGENCY computers from external networks must also be protected.
All access control systems must utilize user-identifications (i.e. RACF ID's) and passwords unique
to each user, as well as user-privilege restriction mechanisms. Password sharing is prohibited.
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Non-exclusivity
This Agreement shall not preclude ADOT from entering into the same or similar Agreement with
other public or private entities, including those performing identical or similar functions as
AGENCY.
Notification
AGENCY shall assign a contact person for problem resolution and notification of procedural
changes. AGENCY shall advise ADOT within two business days of any change in its designated
contact person. All notices or demands upon either party shall be in writing and an original shall
be delivered in person, or sent by mail addressed as follows:
To ADOT at: To AGENCY at:
Intermodal Transportation Division Maricopa County Sheriff's
Traffic Records Section 550 West Jackson Avenue
ATTN: John Riemer Phoenix, Arizona 85003
206 S. 1ih Ave, Mail Drop 064R Contact: Shelly Bunn
Phoenix, AZ 85007-3233 Phone (602) 876-1819
S_bunn@mcso.maricopa.gov
Records
The AGENCY shall maintain a log or register of all ADOT records it requests and all ADOT
records it obtains by virtue of the access provided herein. The AGENCY shall retain this log or
register either manually or electronically for a period of five years after the date of request and
receipt of the records. All other books, papers, records, data, and accounting records relating to
this Agreement ("Records") shall be maintained by AGENCY for a period of five (5) years, or
such greater or lesser time as may be required by federal or state law, rule, or the ADOT Records
Retention Schedule. The Records shall be subject to inspection and audit by ADOT for five years
after termination or completion of this Agreement. The Records shall be produced at the offices
designated by ADOT.
It is further agreed that ownership of all records relating to this Agreement resides exclusively with
ADOT, except for data retrieved pursuant to this Agreement.
Compliance
AGENCY shall comply with all of the terms set forth in this Agreement, together with all
applicable state statutes, rules, and regulations. AGENCY shall also comply with all relevant
ADOT policies, procedures and directives that ADOT provides to AGENCY throughout the
course of this Agreement. All AGENCY subcontractors are held to the same compliance
standards, and any failure to comply on the part of the subcontractor will be deemed a failure on
the part of AGENCY.
Non-compliance
If AGENCY fails to comply with the terms of this Agreement, or with any applicable law, rule or
regulation, ADOT reserves the right to take any remedial action that it deems necessary and
appropriate, including without limitation the suspension, cancellation, revocation, or termination of
this Agreement. In case of a violation of law, the Agreement shall immediately terminate.
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Amendment and Modification of Agreement
AGENCY shall review and approve in writing any modification of the Agreement. Upon the
amendment of any applicable law, rule or regulation, the Agreement shall automatically be
modified to reflect such amendment. Any modification of the Agreement shall be incorporated
herein and shall be subject to all other provisions of this Agreement. AGENCY may submit a
written request to ADOT if there are any changes it desires be made to the Agreement, and such a
request shall be approved or denied at ADOT's sole discretion.
Termination
Either party may terminate this Agreement for convenience or cause upon thirty (30) days prior
written notice to the other party. Upon any termination of this Agreement, AGENCY shall, at
ADOT's request, remove and deliver to lTD all electronic data stored on any electronic storage
devices and shall immediately return all other data and information received in connection
herewith to ADOT.
This Agreement is subject to cancellation by the Governor pursuant to A.R.S. §38-511. The state,
its political subdivisions or any department or agency of either may, within three years after its
execution, cancel any contract, without penalty or further obligation, made by the state, its political
subdivisions, or any of the departments or agencies of either 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 of
any extension of the 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. The cancellation under this section by any department or agency of the state or its
political subdivisions shall be effective when written notice from such party is received by all
other parties to the contract unless the notice specifies a later time.
Waiver/Severability
AGENCY agrees that a waiver of any provision of this Agreement shall not act as a waiver of any
other provision of this Agreement. If a provision of this Agreement is for any reason declared
invalid, illegal, or unenforceable, that declaration shall not affect the remainder of the provisions
of the Agreement.
Duration
This Agreement shall commence upon approval by the Assistant Division Director, Executive
Services Group and execution by both parties, and shall thereafter continue in effect for a term of
five (5) years, unless previously terminated or canceled as provided herein. Upon expiration of
this five-year period, the parties may mutually agree to extend the term of the Agreement for
another three (or fewer) years by entering into a "Joint Letter of Renewal."
Liability
ADOT assumes no financial obligation or liability under this Agreement. The AGENCY assumes
full responsibility for any liability which arises out of this Agreement. Any damages arising from
carrying out or resulting from, in any respect, the terms of this Agreement or any modification
thereof shall be the liability of the AGENCY and that to the extent permitted by law, the
AGENCY hereby agrees to indemnify, defend and otherwise save and hold harmless the State of
Arizona and ADOT, and any of their departments, agencies, officers or employees from any and
all losses and associated costs and/or damage incurred by any of the above and from any other
damage to any person or property whatsoever, which is caused by any activity, condition,
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misrepresentation, directives, instruction or event ansmg out of the performance or non
performance of any provisions of this Agreement by the State of Arizona or ADOT, or any of their
departments, agencies, officers and employees, or their independent contractors, the AGENCY,
any of its agents, officers and employees, or its independent contractors. Costs incurred by the
State of Arizona or ADOT, any of their departments, agencies, officers or employees shall include
in the event of any action, court costs, and expenses of litigation and attorneys' fees.
Certification
On behalf of AGENCY identified below, I hereby request approval of this Agreement. I certify
that all of the information set forth herein by AGENCY is true and accurate, and that any records
or information obtained from ADOT's database(s) and system(s) pursuant to this Agreement will
be used solely for the purpose(s) specified in the Addendum to this Agreement, and for no other
purposes. I further certify that I have the authority to execute this Agreement on behalf of
AGENCY. I understand that AGENCY must abide by the provisions of this Agreement if
approved by the Assistant Division Director, Executive Services Group and executed by both
parties.
Mandatory Provisions for Arizona State Agencies
None of the provisions of the Agreement may be waived, changed of altered except in writing
signed by both parties.
Notwithstanding any provision of the Agreement to the contrary, ADOT is not authorized to
indemnify the AGENCY.
Every payment obligation of the ADOT under this Agreement 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 Agreement, this Agreement may be terminated by ADOT or any other
agency of the State of Arizona at the end of the period for which funds are available. No liability
shall accrue to ADOT or any other agency of the State of Arizona in the event this provision is
exercised, and neither ADOT 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.
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 American 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.
Compliance requirement for A.R.S. 41-4401 - immigration laws and E-Verify requirement.
• The AGENCY warrants compliance with all Federal immigration laws and regulations
relating to employees and warrants its compliance with Section A.R.S. 23-214, Subsection
A. (That subsection reads: "After December 31, 2007, every employer, after hiring an
employee, shall verify the employment eligibility of the employee through the E-Verify
program.)
• A breach of a warranty regarding compliance with immigration laws and regulations shall
be deemed a material breech of the contract and the AGENCY may be subject to penalties
up to and including termination of the Agreement.
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• ADOT retains the legal right to inspect the papers of any employee who works on the
Agreement to ensure that the AGENCY or subcontractor is complying with the above-
mentioned warranty.
Joint Venturer - Except as otherwise provided by law, in the performance of duties and activities
under this Agreement, the parties hereto will be acting in their individual governmental capacities
and not as agents, employees, partners, joint ventures, or associates of each other. The officers,
employees, agents, or subcontractors of one party shall not be deemed or construed to be the
employees or agents of the other party. Each party shall remain responsible for the supervision of
their respective staff and students and shall maintain adequate insurance coverage as required by
law.
AGENCY assigns to ADOT any claim for overcharges resulting form antitrust violations to the
extent that such violations concern materials or services supplied by third parties to AGENCY
toward fulfillment of this Agreement.
This Agreement shall be construed in accordance to the laws of the State of Arizona.
The parties to this Agreement agree to resolve all disputes arising out of or relating to this
Agreement 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 parties may execute this Agreement in two or more counterparts, each of which shall be
deemed an original and together which shall constitute one and the same document.
Maricopa County Sheriff's Office Attest
Signature Signature
Andrew Kunasek, Chairman
Fran McCarroll
Name Printed Name Printed
Chairman of the Maricopa County
Board of Supervisors Clerk of the Board of Supervisors
Title Title
Date Date of Signature
Approved as to form:
This day of , 2013
By: ~--~~~--=_--~---
Deputy Maricopa County Attorney
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POINTS OF CONTACT
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
550 W. Jackson Avenue Email: dave_davis@mcso@maricopa.gov
Phoenix. Arizona 85003 Phone: 602.876.1819
Email Address: S bunn@mcso.maricopa.gov Fax: 602.876.4056
Telephone: 602.262.4781/602.876.1819-office
For ADOT USE ONLY
Received this date . Signed _
AUTHORIZATION
On behalf of the Arizona Department of Transportation, the authorization requested by Maricopa
County Sheriff's Office pursuant to this Agreement (including the attached Addendum) is hereby
approved.
DATED THIS ----- DAY OF , 20__
Intermodal Transportation Division / Traffic Engineering
Dallas Hammit, P.E
Senior Deputy State Engineer, Intermodal Transportation Division
Arizona Department of Transportation
AGREEMENT ADDENDUM
THIS ADDENDUM is made and entered into pursuant to A.R.S. §§28-401 et seq. and with GITA
Statewide Standard P740-S741, Standard 4.7.3, as part of the foregoing Data Access / Exchange
Agreement between the Arizona Department of Transportation (ADOT) and the Maricopa
County Sheriff's Office (AGENCY).
Subject to ADOT's right to terminate as set forth in this Agreement:
I. ADOT <grants/does flot grant> AGENCY authorization to access its ALISS Database via
approved direct program-to-program interactions over an approved persistent connection
and to thereby submit electronic crash records information contained in such databases
according to the terms and conditions stated in this Agreement. Electronic crash records
shall be submitted no more than once per day.
II. ADOT <grams/does not grant> AGENCY authorization to access its ALISS Database via
an approved secure gateway and with two-factor authentication to retrieve pertinent crash
records data including vehicle information according to the terms and conditions stated in
this agreement.
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III. ADOT <grants/does not grant> AGENCY authorization to access its Safety Data Mart via
an approved secure gateway and with user identifications and passwords unique to each
user to run queries and retrieve crash data strictly for the purposes of safety analysis and in
accordance with the terms and conditions stated in this agreement. Data query and retrieval
may be done on an as-needed basis.
The foregoing Agreement and Addendum are mutually agreed to:
Intermodal Transportation Division /Traffic Engineering Maricopa County Sheriff's Office
Signature Signature
Dallas Hammit , P.E.
Name Printed Name Printed
Senior Deputy State Engineer
Title Title
Date Date
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