Agreement - MOU with MCAPD
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Page 1 of 5 Maricopa County Adult Probation Department Memorandum of Understanding for Data Exchange This Memorandum of Understanding (“MOU”) is between the MARICOPA COUNTY ADULT PROBATION DEPARTMENT (“MCAPD”) at 620 W. Jackson Street, Phoenix, Arizona 85003, and the City of Glendale, an Arizona municipal corporation acting through the Glendale Police Department (“GPD”), 6835 N. 57th Drive, Glendale, Arizona 85301. 1. Purpose. This MOU is intended to allow the exchange of probation data and law enforcement data between MCAPD and GPD to enhance public safety in Maricopa County and the City of Glendale. 2. Effective Date. This MOU will become effective once fully executed by the parties. 3. Process to obtain data. a. Prior to any exchange of data, MCAPD requires a formal request in writing from the requesting agency listing the following: i. Contact information for a single project leader for the agency. ii. Contact information for a single technical leader for the agency. iii. How the agency will use the requested probation data. iv. The agency’s willingness to participate in meeting concerning data exchanges (if need be.) b. MCAPD will provide each participating criminal agency with data file(s) containing data of its probation population. Generally, the data file(s) are updated on a daily basis as part of a data dump. MCAPD does not provide incremental data. c. Data is/will be posted on a secured file transfer protocol (SFTP) site in standard text (.txt) files. MCAPD is unable to fulfill any custom build data requests and provides the same data to all participating agencies. d. GPD is advised of the following regarding the data: i. Although a termination date may be listed in the case record, it does not necessarily reflect the actual termination date of that individual from probation termination. The termination date, as listed, is only a projected/calculated field. Page 2 of 5 ii. Much of the data provided is dynamic and can be changed. Although, MCAPD takes measures to ensure that its data is accurate, there are occasions when the data may not have been updated. Prior to taking any action, the information garnered from these records must be verified via a phone call to MCAPD. e. The SFTP address, login, and password will be delivered to the Technical Leader. f. A Data Dictionary is posted on the SFTP site for help understanding the data layout of the files. 4. Reciprocity. MCAPD will only provide data to those agencies willing to allow access by MCAPD to their data. In most cases, if plausible, MCAPD would be interested in data listing contact that a police agency has with individuals on probation (i.e., arrests, field interrogations, departmental reports, etc.) Also, MCAPD would be interested in incident information from a police agency listing the crime in its jurisdiction. And, shape files of the police agency’s beats or precincts. Such data shall only be provided as authorized by law. 5. Restrictions and terms for use of MCAPD data. a. The information provided pursuant to this MOU is solely for legitimate criminal justice use by the parties. Secondary dissemination to other agencies and individuals is prohibited. This restriction includes probation data on crime maps that may be released to the public if allowed by public records laws. b. GPD agrees to comply with all current laws, rules and policies governing the confidentiality of any data provided by the MCAPD. c. GPD will not use or resell data for the purpose of commercial solicitation of any individual named in the data. d. GPD will not publish or re-disseminate the data for the purpose of unrestricted access on the Internet with the personal identifiers set forth in Rule 123(j)(4), Rules of the Supreme Court of Arizona. e. GPD will not publish or re-disseminate the data for the purpose of unrestricted access on the Internet with the personal identifiers set forth in Rule 123(j)(4), Rules of the Supreme Court of Arizona. f. GPD agrees that the MCAPD may audit its compliance with the terms and conditions of the dissemination agreement and it will cooperate fully with any law enforcement investigation concerning the use of the data by GPD or any of its subscribers. Page 3 of 5 g. GPD agrees to provide its users only the most recent data obtained from the MCAPD. h. Upon notice from the MCAPD, GPD agrees to remove from its files within two business days any data that has been amended, corrected, sealed, or otherwise restricted and notify its subscribers to do the same. The notice from the MCAPD shall identify the cases that are to be corrected, removed, or otherwise restricted. 6. 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. 7. Termination. MCAPD may immediately terminate the dissemination agreement at any time if, in the MCAPD sole discretion, the data is used improperly. In addition, this MOU may be terminated by either Party with or without cause, upon thirty (30) day written notice to the other Party. If not terminated before this date or extended by mutual agreement of the parties, this MOU shall terminate on April 25, 2027. 8. Insurance. GPD, as a public agency, is exempted from the minimum commercial general liability insurance requirement. 9. Cancellation. This MOU is subject to cancellation provisions pursuant to A.R.S § 38-511. MCAPD may cancel this MOU, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating this MOU on behalf of MCAPD is, at any time while this MOU or any extension is in effect, an employee or agent of GPD with respect to the subject matter of this Agreement. 10. None of the provisions of the MOU may be waived, changed or altered except in writing signed by both parties. 11. No payment is due from MCAPD under the Agreement. 12. Pursuant to A.R.S. §§ 35-214 and 35-215, GPD shall retain all data, books and other records (“records”) relating to this MOU for a period of five years after completion of the MOU. All records shall be subject to inspection and audit by the State of Arizona at reasonable times. Upon request, GPD shall produce the original of any or all such records. Page 4 of 5 13. GPD 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. GPD 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. 14. Compliance requirements for A.R.S. § 41-4401—immigration laws and E-Verify requirement. a. GPD 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, 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 breech of the MOU and GPD may be subject to penalties up to and including termination of the MOU. 15. This MOU shall be construed in accordance the laws of the State of Arizona. 16. 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. 17. Non-Availability of Funds. Every payment obligation of the State under this MOU is conditioned upon the availability of funds appropriated or 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 the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 18. This MOU contains the entire understanding of the parties. There are no representations or other provisions other than those contained herein, and any amendment or modification of this MOU shall be made only in writing and signed by the parties to this MOU. 19. Counterparts. The parties may execute this Contract in two or more counterparts, each of which shall be deemed an original and together which shall constitute one and the same document. 20. Project lead. GPD designates the following individual as the project lead: Page 5 of 5 Name: Cori Miller Title: Police Research/Mgmt Analyst Email address: cmiller1@glendaleaz.com 21. Technical Lead. GPD designates the following individual as the technical lead: Name: Katherine McClellan Title: Supervisor, Business Systems Email address: kmcclellan@glendaleaz.com 22. Notices. Changes to the project or technical leads must be submitted in writing. If to MCAPD: Maricopa County Adult Probation Department Attn: Randy Tirado 620 W. Jackson Street, Suite 3098 Phoenix, Arizona 85053 If to GPD: Glendale Police Department Attn: Chief of Police 6835 N. 57th Drive Glendale, Arizona 85301 Maricopa County Adult Probation City of Glendale, an Arizona Department municipal corporation By: By: Name: Michael Cimino _ Name: __ Kevin R. Phelps________ Title: Chief Probation Officer Title: ___City Manager___________ Date: Date: ATTEST: APPROVED AS TO FORM: ______________________________ ________________________________ Julie K. Bower, City Clerk (SEAL) Michael D. Bailey, City Attorney