Extracted text (via ocr_local)
14337 characters
INTERGOVERNMENTAL AGREEMENT BETWEEN ARIZONA DEPARTMENT OF ECONOMIC SECURITY AND MARICOPA COUNTY ON BEHALF OF THE SHERIFF’s OFFICE FOR JAIL INMATE AND FLEEING FELON MATCH PROCESS DATA SHARING C-50-20-S 1-3-0 I Purpose The purpose of this agreement is to automate the Jail Inmate and Fleeing Felon match process by setting forth the terms and conditions under which Maricopa County, through the Maricopa County Sheriff's Office (MCSO), will share certain data quarterly with the Arizona Department of Economic Security (ADES) /Division of Benefits & Medical Eligibility (DBME) — Family Assistance Administration (FAA) for Jail Inmate Booking and release data. MCSO will share data quarterly with ADES/DBME - FAA for fleeing felons with an outstanding warrant. This is a non-financial agreement. II. Legal Authority The basis for this Inter-Governmental Agreement (IGA) is Electronic Code of Federal Regulations Title 7, subtitle B, Chapter II, Subchapter C, Part 273, Subpart D, 7 CFR § 273.11(n) and Food and Nutrition Act of 2008, 7 U.S.C. § 2015(k). An individual determined to be a fleeing felon shall be an ineligible household member under this section. To establish that an individual is a fleeing felon, the State agency must verify that there is an outstanding felony warrant. 7 CFR § 273.1 1(n)(1)(i)(A). An individual determined to be a fleeing felon shall be an ineligible household member. 7 CFR 273.11(n). MCSO and ADES are authorized to share personal identifying information of suspected fleeing felons pursuant to 7 CFR § 273.2(b)4(ii); Food and Nutrition Act of 2008, 7 U.S.C. § 2020(e)(8)(E)()(D. III. Responsibilities of the Parties. Responsibilities of the Parties are established in Exhibit A ARIZONA DEPARTMENT OF ECONOMIC SECURITY Data Sharing Request/Agreement (J-119 DSA (7-17) attached to this Agreement and incorporated here by reference to be used as a reference and guide in the implementation of this Agreement. They are summarized below. A. Ona quarterly basis, MCSO will: (1) Provide ADES with Personal identifiable information for Inmates being booked and released from Maricopa County Jails and Fleeing Felons with outstanding warrants. (2) Provide ADES with the following data elements related to the identity of the confined individuals, if available: a) Social Security Number b) Individual’s Last Name, First Name, Middle Name c) Date of Birth d) Gender e) Record creation date f) Report from date g) Report thru date h) Court sentence start date i) Booking date (3) Method of Delivery - Drop the data via a secure File Transfer Protocol (FTP) location under MCSO and provide access to (ADES) /DBME-FAA to obtain the data. A Portable Document Format (PDF) file will contain the dataelements listed above. (4) Timing and Scope of Reports - Submit the 3 monthly files each quarter in the month following the quarter. The files will be named YYYY-MM-mmm Data where YYYY will be the year, MM the 01-12 for the month, and mmm shall be Jan-Dec with the “Data” appended to the abbreviated 3 characters of the month as shown on the image below. In April, the January thru March files should be sent via FTP. In July, the April thru June files would be sent to ADES. ~ Frank Data-2018 > 2019 + [4+] [ Search 2019 P| =&-y G @ * Name . Date modified Type Size -) _)2019-0anData 2/2/20191:14 AM TXT File 8,214 KB f LL) 2019-02FebData 3/2/2019 12:37 AM TXT File 7,704 kB | 2019-03MarData 4/2/20191238 AM TXT File 7,907 KB _ 2019-04AprData 5/2/201912:43 AM TXT File 8,191 KB \ 2019-05MayData 6/2/20191240 AM TXT File 8,372 KB J 2019-06JunData 7/2/2019 12:39 AM TXT File 8,178 KB L) 2019-07Ju1Data 8/2/2019 12:41 AM TXT File 8,580 KB 2019-08 AugData 9/2/20191243AM TXT File 8,528 KB J 2019-09SeptData 10/2/2019 12:42 AM TXT File 8,491 KB : ailable (5) MCSO will not be engaging subtractors. B. ADES will: qd) Provide a Secure-FTP site to deliver the data files. (2) Store the data received in a Structured Query Language (SQL) server database with role-based access per missions/need to know in a secured environment. (3) Control and maintain MCSO data provided under the ADES data retention policy and Agency regulations Duration & Modification A.This agreement shall be effective as of September 1, 2020 through August 31, 2023. Any 2 VII. VIII. IX. modification or amendment of this agreement must be in writing and agreed to by both parties. No agent, employee or other representative of either Party is empowered to alter any of the terms of the agreement, unless amended in writing and signed by the authorized representative of the respective Parties. B.Either party shall give written notice to the other party of any non-material alteration that affects the provisions of this agreement. Non-material alterations that do not require a written amendment are as follows: (1) Change of telephone number; (2) Change in authorized signatory; and/or (3) Change in the name and/or address of the person to whom notices are to be sent. C. Notwithstanding the foregoing, in the event of a change in applicable federal law or regulation that requires changes to the terms and conditions of this agreement, ADES may unilaterally make such modification or amendment by giving advance written notice to the MCSO. MCSO will have 30 calendar days from the date it receives such notice to contact ADES if it desires to terminate this agreement in light of the modification or amendment. Extension A. This agreement may be extended through a mutual written amendment and signature by all authorized representatives of the respective Parties. Termination of the Agreement A. This agreement may be terminated by mutual agreement of the parties at any time during the term of this agreement. B. Each Party shall have the right to terminate this agreement by written notice served via personal delivery or by certified mail, return receipt requested, to the other party at least ninety (90) days prior to the effective date of said termination. APPLICABLE LAW A. This agreement shall be governed and interpreted by the laws of the State of Arizona. The materials and services supplied under this agreement shall comply with all applicable Federal, State and local laws, and the MCSO shall maintain all applicable licenses and permit requirements. ARBITRATION A. 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(B) and 12-133, except as may be required by other applicable statutes. AUDIT A. In accordance with A.R.S. § 35-214, the MCSO shall retain and shall contractually require each subcontractor to retain all data, books and other records (“records”) relating to this agreement for a period of five (5) years after the completion of the agreement except if subject to Health Insurance Portability & Accountability Act which is six (6) years from the 3 date of final payment. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, MCSO shall produce the original of any or all such records. X. = CONFLICT OF INTEREST A. In accordance with A.R.S. § 38-511, either party may within three years after execution terminate the agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the agreement on behalf of either party, at any time while the agreement is in effect, becomes an employee or agent of any other party to the Agreement in any capacity or a consultant to any other party to the agreement with respect to the matter of the agreement. XI. DATA SHARING AGREEMENT A. When determined by ADES that sharing of confidential data will occur with the Maricopa County Sheriff's Office, the Maricopa County Sheriff's Office shall complete ADES Data Sharing Request Agreement and submit the completed Agreement to ADES Program Designated Staff prior to any work commencing or data shared. A separate Data Sharing Request Agreement shall be required between the Maricopa county Sheriff’s Office and each ADES Program sharing confidential data. XII. E-VERIFY A. In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with A.R.S. § 23-214, Subsection A. XIII. FEDERAL IMMIGRATION AND NATIONALITY ACT A. By entering into the agreement, the MCSO warrants compliance with the Federal Immigration and Nationality Act. (FINA) and all other Federal immigration laws and regulations related to the immigration status of its employees. The MCSO shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the agreement. The MCSO and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor’s Immigration and Control Act, for all employees performing work under the Agreement. 1-9 forms are available for download at USCIS.GOV. B. The State may request verification of compliance for any MCSO or subcontractor performing work under the agreement. Should the State suspect or find that the MCSO or any of its subcontractors are not in compliance, the State may pursue any and all remedies allowed by law, including, but not limited to suspension of work, termination of the agreement for default, and suspension and/or debarment of the MCSO. All costs necessary to verify compliance are the responsibility of the MCSO. XIV. INDEMNIFICATION A. Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses 4 (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. The State of Arizona, Department of Economic Security is self-insured per A.R.S. 41-621. XV. Manner of Financing A. This is a non-financial agreement. Each Party shall bear its own costs and expenses incurred in connection with the performance of such Party’s duties and obligations hereunder. XVI. NON-AVAILABILITY OF FUNDS A. In accordance with A.R.S. § 35-154, every payment obligation of the State under the agreement is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this agreement, this agreement 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. XVII. NON-DISCRIMINATION A. The Contractor shall comply with State Executive Order No. 2009-09 and all other applicable Federal and State laws, rules, and regulations, including the Americans with Disabilities Act. XVIII. OFFSHORE PERFORMANCE OF WoRK PROHIBITED A. Due to security and identity protection concerns, direct services under this agreement shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or ‘overhead! services, redundant back-up services or services that are incidental to the performance of the Agreement. This provision applies to work performed by subcontractors at all tiers. XIX. Notices A. The contacts for this agreement are listed below. Either party may update as needed, by providing written notification to the appropriate contact. ADES MCSO Bryan Crawford, ADES-Department of Technology Services 3443 N Central 2 Floor Phoenix, AZ 85012 602-774-8904 bcrawfor@azdes.gov James Prindiville, Chief Financial Officer 550 W Jackson Street Phoenix, AZ 85003 602-876-1614 j_prindiville@mcso.maricopa.gov (@.-S0-A0-SI- 3-ol EBT/BA Manager Robert Brooks, Commander Krnest Baca, Arizona Department of Economic | MCSO ‘Technology Bureau Security —- DBME. 550 W Jackson Strect 8620 N ggnd Ave 3311 Phoenix, AZ 85003 Phoenix, AZ 85012 602-876-0054 602-255-4205 ebaca@azdes.pov XX. Authorized Signature The signatorics below warrant and represent that they have the competent authority on behalf of their respective entities to enter into the obligations set forth in this agreement. Klectronic Signature Acknowledgement: The signatories may sign this document electronically by using an approved electronic signature process. Each signatory electronically signing this document agrees that his/her electronic signature has the same leyal validity and effect as his/her handwritten signature on the document, and that it has the same meaning as his/her handwritten signature. FOR AND ON BEHALF OF THE ARIZONA MARICOPA COUNTY: DEPARTMENT Of ECONOMIC SECURITY: -_ y , p, “at 4 h, WO eh grit DES Chéef Procurement Date 7 Clint Hickman Date Officer : Chairman, Board of Supervisors . ha r k My VDE IZ Attest: Printed Name Fran McCarroll Date Clerk of the B Paul Penzone, Sheriff Date / IN ACCORDANCE WITH A.RS. § 11-952, THIS AGREEMENT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY. ARIZONA ATTORNEY GENERAL'S OFFICE APPROVED AS TO FORM B | Di en-Davns reso MCAG, ov=C Davina Bressler owsion emaienressiedemcse marcopa gov, BY bm x Lit + BY. Date 20200826 15276-0700 ASSISTANT ATTORNEY GENERAL DEPUTY COUNTY ATTORNEY DATE: B-/S -2u>» DATE: