MOU GIS SUPPORT SERVICES 911 PROGRAM FINALIZED.DOCX
Extracted text (via pymupdf)
19978 characters
1 Arizona 9-1-1 Program Memorandum of Understanding (MOU) Sharing of Geographical Information Systems (GIS) Data for Next Generation 9-1-1 For Assistance: If you have questions about this MOU, please contact: Greg Denton, 9-1-1 Administrator greg.denton@azdoa.gov Brooke Serpa, 9-1-1 Geospatial Coordinator brooke.serpa@azdoa.gov 2 Table of Contents Section 1: Purpose 3 Section 2: Definitions 3 Section 3: Scope 5 Section 4: Obligations of the Parties 5 Section 5: Governance 5 Section 6: Policy 6 Section 7: Term; Amendments 6 Section 8: Commitment 6 Section 9: Arbitration 7 Section 10: Availability of Funds 7 Section 12: Force Majeure 7 Section 13: Confidentiality and Data Privacy 8 Section 14: Termination for Default 9 Section 15: Signatures 9 3 ARIZONA DEPARTMENT OF ADMINISTRATION ARIZONA 9-1-1 PROGRAM MEMORANDUM OF UNDERSTANDING FOR SHARING OF GEOGRAPHICAL INFORMATION SYSTEMS (GIS) DATA AND TRAINING AND LEARNING OPPORTUNITIES This Memorandum of Understanding (MOU) between the Arizona 9-1-1 Program (Program) managed by the Arizona Department of Administration (ADOA) and Maricopa County (County). This MOU outlines the roles, responsibilities, and expectations of the parties in relation to the sharing of GIS data by the Maricopa County Recorder’s Office (Recorder) for use by Program in support of Next Generation (NG) 9-1-1 in the State of Arizona and in relation to the training and learning opportunities provided by the Program to benefit the Recorder. WHEREAS, the parties recognize the importance of the Recorder sharing GIS data for use by the Program and ADOA for the benefit of communities in the State of Arizona in order to improve the efficiency and effectiveness of emergency response; and WHEREAS, ADOA has the authority to enter into this MOU in order to achieve this purpose pursuant to A.R.S. 18-104 A 15; WHEREAS, the Program and ADOA acknowledge that Recorder does not manage a 911 system, that GIS data provided by Recorder under this MOU was not created to be used and is not used by the Recorder for efficient and effective emergency responses, that County and Recorder should not be held liable for the Program’s or ADOA’s use of GIS data provided by Recorder under this MOU, and that the Program and ADOA are solely liable for their use of GIS data provided by Recorder under this MOU. NOW THEREFORE, the parties agree to enter into this MOU in order clarify responsibilities for the Recorder’s sharing of GIS data in support of NG911 Systems for communities in Arizona and to clarify responsibilities for the Program’s provision of training and learning opportunities for the Recorder. The parties agree to the terms and conditions contained in this MOU as follows: Section 1: Purpose The purpose of this MOU is to establish a relationship between the Program within the ADOA and the Recorder to which this MOU applies. This MOU is designed to clarify the GIS data to be shared by Recorder with the Program or ADOA and to identify the Program’s or ADOA use of that GIS data for the benefit of communities in the State of Arizona. The GIS data to be shared by Recorder will include: - Accurate and up-to-date geospatial data layers - GIS data including site structure address points and RCLs Section 2: Definitions Definitions used in this document are listed below. Some of the technical definitions may have been taken from the NENA Knowledge Base Glossary - National Emergency Number Association in effect at the time of this MOU. 4 ⎻Automatic Location Information (ALI) is the automatic display at the PSAP of the caller’s telephone number, the address/location of the telephone and supplementary emergency services information of the location from which a call originates. ⎻ Geographic Information System (GIS) is a system for capturing, storing, displaying, analyzing, and managing data and associated attributes which are spatially referenced. ⎻ Master Street Address Guide (MSAG) is a database of street names and house number ranges within their associated communities defining Emergency Service Zones (ESZs) and their associated Emergency Service Numbers (ESNs) to enable proper routing of 9‑1‑1 calls. ⎻ National Emergency Number Association (NENA) is referred to as The 9-1-1 Association, which is fully dedicated to the continued improvement and modernization of the 9-1-1 emergency communication system. NENA's approach includes research, standards development, training, education, certification, outreach, and advocacy through communication with stakeholders. As an ANSI-accredited Standards Developer, NENA works with 9-1-1 professionals, public policy leaders, emergency services and telecommunications industry partners, like-minded public safety associations, and more. Current NENA activities center on awareness, documentation, and implementation for Next Generation 9-1-1 (NG9-1-1) and international three-digit emergency communication systems. NENA's worldwide members join with the emergency response community in striving to protect human life, preserve property, and maintain the security of all communities. ⎻ Next Generation 9-1-1 (NG9-1-1) is an IP-based system comprised of hardware, software, data, and operational policies and procedures that: (A) provides standardized interfaces from emergency call and message services to support emergency communications; (B) processes all types of emergency calls, including voice, data, and multimedia information; (C) acquires and integrates additional emergency call data useful to call routing and handling; (D) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities; (E) supports data or video communications needs for coordinated incident response and management. ⎻ Public Safety Answering Point (PSAP) is a physical or virtual entity where 9‑1‑1 calls are delivered by the 9-1-1 Service Provider. ⎻ RCL (Road Centerlines) is a GIS feature that represents a centerline of a roadway. Each RCL segment has a beginning point, end point and consequently a direction of flow from beginning to end. A RCL typically has street number range information (High and Low) attributed to each segment in order to facilitate geocoding. ⎻ Site Structure Address Point is any city-style address that includes a house number and a street name that provides the unique location of a building or property. 5 Section 3: Scope 3.0 The Recorder will share with the Program and/or ADOA the following GIS data: 3.01 Site Structure Address Points. 3.02 Road Centerlines. 3.03 1Spatial: using 1Spatial’s reporting solution 1Data Gateway to show data quality, quantity, and time when data was last submitted to the Program for synchronization into the Spatial Interface (SI) at least quarterly. The following data layers will be shared although additional data layers may be requested in support of the statewide initiative. ●Road Centerlines ●Site Structure Address Points Section 4: Obligations of the Parties 4.01 First, the Recorder, on behalf of the County, shall carry out the activities outlined in Section 3 (Scope). The Recorder will also collaborate with the Program and State contracted vendors, and participate in training or technical assistance to advance the Recorder’s capabilities. 4.02 Second, the Program will provide GIS support to Recorder as necessary and appropriate, subject to staffing and funding limitations prioritized based on the criticality of need as determined by the Program and at their sole discretion. 4.02.01 The support will include identified specific projects or activities to improve or maintain the Recorder’s GIS capabilities, based upon evidence or documentation to support the need. 4.03 The Recorder, on behalf of the County, and the Program will each designate a primary point of contact for coordinating and communicating regarding the activities outlined in this MOU. Section 5: Governance 5.0 A.R.S. 41-704 authorizes the Arizona Department of Administration to administer the emergency telecommunication services revolving fund. The substantive laws and rules of Arizona (without reference to any choice of law principles) shall govern the interpretation, validity, performance, and enforcement of this MOU. 5.01 The Program oversees the NG9-1-1 GIS system in Arizona. 5.02 The Program has the authority to develop and maintain the NG9-1-1 GIS system. 5.03 The Program will maintain the NG9-1-1 GIS system, including networks, equipment, techniques, and licenses. 6 Section 6: Policy 6.0 It is agreed and understood by the parties that: 6.01 The Program will develop practices, procedures, methods, and standards for the Program about the NG9-1-1 GIS system. 6.02 The Program will determine the authorized use of the NG9-1-1 GIS system and network by state law and the rules and regulations established by the Program. 6.03 The parties shall comply with State Executive Orders No. 2023-01, 2009-09, and any and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act. 6.04 Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511, the parties may cancel this Agreement without penalty or further obligation within three years after execution of the Agreement, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of a party is at any time, while the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of the Agreement with respect to the subject matter of the Agreement. Additionally, pursuant to A.R.S. § 38-511, a party may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of that party from any other party to the Agreement arising as the result of the Agreement. Section 7: Term; Amendments 7.01 Term: This Agreement will commence on July 1, 2024 and terminate on June 30, 2025 unless otherwise extended or renewed. This agreement expires at the end of its term unless the parties mutually agree in writing to an extension or renewal. 7.02 Extension: A request for an extension must be received by the Program sixty (60) days before the end of the term of the MOU. The parties may mutually agree in writing to an extension to further the goals and objectives of the relationship and determine the length of any such extension. 7.03 Renewal: This MOU may be renewed at the beginning of each state fiscal year upon mutual agreement of both parties in writing. 7.04 Updates: The Program and the Recorder, on behalf of the County, may initiate updates or changes to this MOU as needed. Updates or changes to this MOU will be made in writing and must be agreed upon by both parties. Section 8: Commitment This MOU is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this MOU and no other understanding either oral or in writing shall be binding. The provisions of this MOU are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the MOU. The parties shall not assign any right nor delegate any duty under this MOU without the prior written approval of the other party. The parties shall not unreasonably withhold approval. 7 Section 9: 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 (A.R.S. Title 41). Section 10: Availability of Funds 10.01 Availability of Funds for the Next State or County Fiscal Year. Funds may not presently be available for performance under this MOU beyond the current State Fiscal Year or beyond the current County Fiscal Year. No legal liability on the part of the either party for any payment may arise under this MOU beyond the current State Fiscal Year or beyond the current County Fiscal Year until funds are made available for performance of this MOU. 10.02 Availability of Funds for the Current State or County Fiscal Year. Should the State Legislature enter back into session and reduce the appropriations for any reason or should the County Board of Supervisors reduce the appropriations for any reason and the related services are not funded, the State or County may take any of the following actions: 10.02.1. Cancel the MOU; or 10.02.2. Cancel the MOU and re-acquire the services in another manner. Section 11: 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. Notwithstanding any other provision in this MOU to the contrary, the Program and ADOA agree to indemnify, defend, and hold harmless the County and the Recorder 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 Program’s or ADOA’s use of GIS data shared by the Recorder under this MOU. Section 12: Force Majeure Neither party shall be liable to the other nor deemed in default under this MOU if and to the extent that such party’s performance of this MOU is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, lockouts, injunctions-intervention-acts, failures or refusals to act by government authority, and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. 8 Section 13: Confidentiality and Data Privacy 13.01 This Section 13 applies to the extent the subject of this MOU includes handling of any (1) State’s or County’s proprietary and sensitive data or (2) confidential or access-restricted information obtained from State or County or from others at State’s or County’s behest. 13.02 Data Protection and Confidentiality of Information. The parties warrant that each will establish and maintain procedures and controls acceptable to the other party for ensuring that State’s or County’s proprietary and sensitive data is protected from unauthorized access and information obtained from State, County or others in performance of their duties is not mishandled, misused, or inappropriately released or disclosed. For purposes of this paragraph, all data created in any way related to this MOU, provided to one party by the other party, or prepared by others for State or County are proprietary to State or County respectively, and all information by those same avenues is State’s or County’s confidential information. To comply with the foregoing warrant: 13.02.01 Each party shall provide the other party with a copy of its Disaster Recovery Plan upon request. The Disaster Recovery Plan shall outline the party's actions, with timelines, in the event of a natural disaster, cyber-attack or loss of ability to operate and perform services under this MOU. 13.02.02 Each party shall: (a) notify the other party immediately of any unauthorized access or inappropriate disclosures, whether stemming from an external data breach, internal data breach, system failure, or procedural lapse within twenty-four (24) hours of a data breach, by sending an email to the other party (for State to Arizona Department of Homeland Security at AZSOC@azdohs.gov), reporting the incident that occurred; (b) cooperate with the other party to identify the source or cause and respond to each unauthorized access or inappropriate disclosure; and (c) notify the other party promptly of any security threat that could result in unauthorized access or inappropriate disclosures; and 13.02.03 The parties shall not: (a) release any such data or allow it to be released or divulge any such information to anyone other than its employees or officers as needed for each person’s individual performance of his or her duties under the MOU, unless the other party has agreed otherwise in advance and in writing; or (b) respond to any requests it receives from a third party for such data or information, and instead route all such requests to the other party’s designated representative. 13.03 Personally Identifiable Information. Without limiting the generality of the above, each party warrants that it will protect any personally identifiable information (“PII”) belonging to the other party’s employees or other contractors or members of the general public that it receives from the other party or otherwise acquires in its performance under the MOU. For purposes of this paragraph: 13.03.01 PII has the meaning given in the Office of Management and Budget (OMB) Memorandum M-17-12 Preparing for and Responding to a Breach of Personally Identifiable Information, January 3, 2017; and 13.03.02 “protect” means taking measures to safeguard personally identifiable information and prevent its data breach that are functionally equivalent to those called for in that OMB Memorandum and elaborated on in the General Services Administration (GSA) Directive CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information. 9 NOTE (1): For convenience of reference only, the OMB memorandum is available at: https://dpcld.defense.gov/Privacy/Authorities-and-Guidance/ NOTE (2): For convenience of reference only, the GSA directive is available at: https://www.gsa.gov/directive/gsa-rules-of-behavior-for-handling-personally-identifiable-information -(pii)- Section 14: Termination for Default 14.01. Each party may terminate the MOU in whole or in part due to the failure of the other party to comply with any term or condition of the MOU, or to make satisfactory progress in performing the MOU. The terminating party shall provide written notice of the termination and the reasons for it to the other party. Upon termination under this paragraph, all documents, data, and reports prepared by the non-terminating party under the MOU shall become the property of and be delivered to the terminating party on demand. 14.02. The terminating party may, upon termination of this MOU, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this MOU. 14.03 The non-terminating party shall continue to perform, in accordance with the requirements of the MOU, up to the date of termination, as directed in the termination notice. Section 15: Signatures All finalized attachments should be included for each party to review before signing. There should be the corresponding number of original copies of the MOU to sign as there are parties, for each party to have a signed original for their official government record. 15.01 This MOU is executed in duplicate originals. State of Arizona 9-1-1 Program Maricopa County By: By: Printed Name: Printed Name: Title: Title: Date: Date: