FOR SIGNATURE MOU WITH MCAO VERSION II.PDF
Extracted text (via pymupdf)
8098 characters
Memorandum of Understanding: Quality Assurance Review of Genetic Genealogy - 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE MARICOPA COUNTY ATTORNEY’S OFFICE AND IDAHO STATE POLICE FORENSIC SERVICES SUBJECT: Quality Assurance Review of Genetic Genealogy This Memorandum of Understanding (“MOU”) is entered into this ____ day __________, 2024, by and between the Maricopa County Attorney’s Office (“MCAO”) and Idaho State Police Forensic Services (“ISPFS”) (herein, “the Parties”). This document is not meant to be contractual in nature nor to be legally binding; it is a statement of cooperation between MCAO and ISPFS for the purposes set forth herein. BACKGROUD AND AUTHORITY The ISPFS Sexual Assault Kit Initiative (“SAKI”) Unit and the MCAO SAKI Unit conduct and assist in investigations of cold case felonies in their respective jurisdictions. Forensic investigative genetic genealogy (“FIGG”) is utilized by ISPFS’s SAKI Unit and MCAO’s SAKI Unit as an investigative tool and both agencies employ a forensic genealogist(s). The Parties would mutually benefit from a quality assurance review of the work of their respective genealogists by their peers to ensure their work is accurate and of the highest quality. ISPFS represents that it has authority to enter into this MOU pursuant to Idaho Code section 67- 2326 (Joint Action by Public Agencies). MCAO represents that it has authority to enter into this MOU pursuant to the laws of the state of Arizona. Based on the foregoing, the Parties agree to assist one another and cooperate as follows: TERMS OF AGREEMENT 1. Request for Peer Review. Upon request, the Parties shall assign their respective genealogists to engage in a quality assurance peer review of one another’s work on specific cases. The party requesting review (“requesting party”) shall submit a compiled report consisting of an analysis of a subject's DNA matches, the resulting most common ancestors (“MRCAs”) with connections to the Subject and DNA matches used to identify the MRCAs, along with genealogical records to support the connections and findings of identity with regard to the Subject, to the party providing the review (“reviewing party”). 2. Response. The reviewing party’s genealogist shall assess the report from the requesting party, including its conclusion as to the identity of the Subject and whether the supporting records and documentation are sufficient to support said conclusion. The reviewing genealogist shall provide feedback to the requesting party as to the result of the assessment. The reviewing Memorandum of Understanding: Quality Assurance Review of Genetic Genealogy - 2 party shall prioritize the review and complete it in as expeditious a manner as possible, with the understanding that unforeseen and uncontrollable circumstances may affect the timeliness of completion. 3. Confidentiality. All materials transferred between the parties pursuant to a request for peer review or a response and report regarding the same, shall be completely confidential and shall not be disclosed except as set forth in this MOU. The Parties will take all necessary steps to keep such information confidential, including the names, addresses and other personal information of any persons identified as the result of a genealogical search by the requesting agency or reviewing agency, and all such information may be released only as required by law or pursuant to a court order. 4. Disposal of Reports and Records Following Resolution of Case. When the criminal case for which assistance was requested is fully resolved, the requesting party shall inform the reviewing party. Upon such notice, the reviewing party shall promptly delete and destroy the report, including records and documentation of any type related to it in the reviewing party’s possession. 5. Costs: Each party shall compensate their own genealogists for all work performed in conducting a peer review for the other party under this MOU. All other costs related to a request for a peer review under this MOU, including costs for transmitting documents and other materials between the Parties and expenses related to travel for depositions or court appearances shall be borne by the requesting party. 6. Defense and Indemnification. The Parties shall be responsible only for the acts, omissions or negligence of their own officers, employees, or agents. Each party will defend its own employees against any claims that arise solely from wrongful acts, omissions or negligence of their own employees or officials, agents, and volunteers during performance of this MOU, but do not assume responsibility for the acts, omissions or negligence of the officials, employees, agents, and volunteers of the other parties to this MOU. Each party shall promptly notify the other of any claim arising under this MOU and shall cooperate fully with the defendant party or its representatives in the defense of such claim. 7. Nonwaiver of Defense or Immunity. Nothing in this MOU or the Parties’ actions pursuant to it shall be construed to waive any defense or immunity of either of the Parties or their employees or agents that would otherwise apply. 8. Restrictions and Warranties Regarding Public Benefits. The Parties agree that this MOU is subject to 8 U.S.C. §§ 1611 and 1621 (aliens who are ineligible for federal, state or local benefits) and to any applicable Arizona and Idaho laws which prohibit persons who are not lawfully with in the United States, including vendors or service providers and their subcontractors who perform services at a site outside the United States, from receiving a state Memorandum of Understanding: Quality Assurance Review of Genetic Genealogy - 3 or federal benefit, including receipt of state or federal funds by way of contract, grant or otherwise. The parties warrant that they do not knowingly hire or engage any illegal aliens or persons not authorized to work in the United States and that they take steps to verify that they do not hire or engage any such illegal aliens or persons. 9. Duration; Termination. This MOU shall be effective upon the date of the last authorized signature hereto. Either party may terminate this MOU, with or without cause, at any time upon thirty (30) calendar days’ notice to the other party, or upon notice that grant funding or appropriations by either party’s governing fiscal body has been denied or is insufficient for that party to carry out this Agreement. 10. Entirety of Agreement; Modification. This MOU, consisting of 3 pages, including signature page, represents he entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, written or oral. This MOU and any terms therein may be modified only with the express written consent of the Parties. I CERTIFY THAT I AM AN AUTHORIZED REPRESENTATIVE OF THE AGENCY INDICATED AND THAT I HAVE ACTUAL AUTHORITY TO EXECUTE THIS MOU ON MY AGENCY’S BEHALF. FOR IDAHO STATE POLICE FORENSIC SERVICES: _____________________________________ ___________________________ Signature Date _____________________________________ Printed Name _____________________________________ Title Continued on Next Page SIGN Memorandum of Understanding: Quality Assurance Review of Genetic Genealogy - 4 FOR MARICOPA COUNTY ATTORNEY’S OFFICE: _____________________________________ ___________________________ Rachel H. Mitchell Date Maricopa County Attorney _____________________________________ ___________________________ Thomas Galvin DATE Chairman, Maricopa County Board of Supervisors _____________________________________ ___________________________ Legal Counsel Date Attest: ______________________________________ ___________________________ Clerk of the Maricopa County Board of Supervisors Date SIGN SIGN SIGN SIGN