10.25.21 MCSO PARTNER AGENCY MOU (REVISED).PDF
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DPS Contract No.____________
MEMORANDUM OF UNDERSTANDING BETWEEN
THE ARIZONA DEPARTMENT OF PUBLIC SAFETY AND
MARICOPA COUNTY ON BEHALF OF THE MARICOPA COUNTY SHERIFF’S
OFFICE
This Memorandum of Understanding (MOU) between the Arizona Department of Public Safety
(DPS) and MARICOPA COUNTY on Behalf of the Maricopa County Sheriff's Office (MCSO),
collectively the "parties," is for MCSO's participation in the Arizona Law Enforcement Rapid
DNA Program as a partner site.
1. PURPOSE AND AUTHORITY
a. The purpose of this MOU is to establish a Rapid DNA partner site ("partner site")
at MCSO and to document the agreed responsibilities and functions of the parties.
b. DPS is authorized to enter into this agreement pursuant to A.R.S. § 41-1713.
Maricopa County, on behalf of the MCSO, is authorized to enter into this
agreement pursuant to A.R.S. § 11-251 et seq.
2. TERM AND TERMINATION
a. The Initial Term of this agreement is one year from the last date of signature on
the last page of this MOU unless the Partner Agency Site successfully completes
an annual audit by the AZDPS Rapid DNA Program Manager.
b. If MCSO successfully completes the audit and any adjustments and/or
remediation required as a result of the audit, this MOU will automatically renew
for one-year terms every year for a total of five (5) successive years, not including
the Initial Term.
c. If MCSO does not successfully complete the audit and comply with DPS’s
recommendations within thirty (30) days, this agreement shall immediately
expire.
d. Either party may terminate the agreement upon thirty days' (30) written notice to
the other party. The party desiring to terminate this MOU will provide such
written notification to the other party at least thirty (30) days prior to termination.
Such notice will be the subject of immediate consultation by the parties to decide
upon the appropriate course of action.
e. DPS may terminate this agreement immediately, with or without notice to MCSO
if DPS determines that the Partner Agency Site or its Rapid DNA Operators are
not meeting program requirements as outlined in the Law Enforcement Rapid
DNA Program and Quality Manuals or if the DPS local, standalone database is
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being used by the Partner Agency Site for purposes outside of the scope of the
Law Enforcement Rapid DNA Program.
f. Amendments to this agreement shall be made in writing and signed by both
parties.
3. PARTIES' RESPONSIBILITIES
a. DPS's responsibilities:
i. DPS will provide MCSO with current copies of the DPS Law
Enforcement Rapid DNA Program Manual and the DPS Law Enforcement
Rapid DNA Quality Manual.
ii. DPS will provide technical support through the Rapid DNA Coordinator
or other DPS personnel to ensure the successful operation and
maintenance of the Partner Agency Site.
iii. DPS will provide training for Rapid DNA Operators for the Partner
Agency Site.
iv. DPS will provide recertification training for MCSO to ensure the
continued certification of the Rapid DNA Operators for the Partner
Agency Site.
v. DPS will provide timely annual audits including timely notification of
audit to the Partner Agency Site to ensure that quality standards are being
met.
vi. DPS will perform validation of Rapid DNA instrumentation as applicable.
b. MCSO's responsibilities:
i. MCSO will maintain the Partner Agency Site in accordance with the
program requirements including, but not limited to, cleanliness, security,
proper reagent storage, and basic instrumentation maintenance.
ii. MCSO will equip the Partner Agency Site with Rapid DNA
instrumentation and consumables.
iii. MCSO will provide personnel for DPS to train as Rapid DNA Operators.
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iv. MCSO will comply with all applicable program requirements for staffing,
reporting, certifications, etc. as outlined in the Law Enforcement Rapid
DNA Program and Quality Manuals
v. MCSO will provide run data to DPS for program tracking purposes and
additional metrics.
vi. MCSO will allow DPS access for the required annual audit of the Partner
Agency Site and provide any required responses and/or remediation as a
result of the audit within thirty (30) calendar days of the completion of the
audit.
4. MUTUAL 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 the negligent performance of this MOU, 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.
5. INDEPENDENT CONTRACTORS
This MOU is not intended to constitute, create, give rise to, or otherwise recognize a joint
venture agreement, partnership or other formal business association or organization of any
kind, and the rights and obligations of the parties shall be only those expressly set forth in
this MOU.
Parties acknowledge that under this MOU no employee or participant of the DPS is to be
considered a County employee and no employee or participant of MCSO is considered a
DPS employee, and that no rights of the other party’s merit, retirement, or personnel rules
shall accrue to such individual. Each party shall have total responsibility for all salaries,
wages, bonuses, retirement, withholdings, workman's compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning its respective individuals and shall save and hold
the other party harmless with respect thereto.
6. E-VERIFY
Each party to this MOU warrants compliance with the Immigration and Nationality Act
(INA using E-verify) and all other federal immigration laws and regulations related to the
immigration status of its employees and A.R.S. § 23-214(A). Each party shall obtain
statements from its subcontractors certifying compliance and shall furnish the statements
to the other party upon request. These warranties shall remain in effect through the term of
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this MOU. Each party and its subcontractors shall also maintain Employment Eligibility
Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986,
as amended from time to time, for all employees performing work under this Agreement
and verify employee compliance using the E-verify system and shall keep a record of the
verification for the duration of the employee’s employment or at least three years,
whichever is longer. I-9 forms are available for download at USCIS.GOV. Each party
retains the legal right to inspect contractor and subcontractor employee documents
performing work under this Agreement to verify compliance with this Agreement. Each
party and its subcontractors shall be given reasonable notice of the other party’s intent to
inspect and shall make the documents available at the time and date specified. Should either
party find that the other party or any of its subcontractors are not in compliance; such non-
compliance may be considered a material breach of this Agreement and may pursue any
and all remedies allowed by law. Nothing set out herein shall make any subcontractor an
agent or employee of either party.
7. NON-DISCRIMINATION
Each party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal, State, and Local government’s whether
specifically referenced herein. The Parties agree that there will be no discrimination as to
race, sex, religion, color, age, creed, or national origin in regard to obligations, work, and
services performed under the terms of any contract ensuing from this engagement. The
Parties will comply with the Executive Order No. 11246, entitled “Equal Employment
Opportunity”, and as amended by Executive Order No. 11375, as supplemented by the
Department of Labor Regulations (41 CFR, Part 60).
8. GENERAL TERMS AND CONDITIONS
a. Arbitration. The parties 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. The laws of the State of Arizona shall govern the construction and interpretation
of this Agreement. The Parties agree that the venue for any claim arising out of
any or in any way related to this Agreement shall be Maricopa County, Arizona.
c. Conflict of interest. This agreement is subject to cancellation pursuant to A.R.S.
§ 38-511.
d. The Parties agree that each Party is responsible for safely maintaining the
integrity and confidentiality of the other Party’s Data received or under its control
as a result of the Agreement. Each Party will immediately notify the other Party
upon discovery of a breach of the Data and will work cooperatively with the other
Party to terminate, minimize, and resolve the breach.
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e. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute the same instrument.
Faxed, copied, electronic and scanned signatures are acceptable as original
signatures.
This MOU will be effective on the date last signed below.
ARIZONA DEPARTMENT OF
PUBLIC SAFETY
By____________________________
Colonel Heston Silbert, Director
Date:_____________________
MARICOPA COUNTY
SHERIFF'S OFFICE
By____________________________
Paul Penzone, Sheriff
Date:_____________________
MARICOPA COUNTY BOARD OF
SUPERVISORS
__________________________________
Jack Sellers, Chairman Date
Attest:
__________________________________
Clerk of the Board Date
Approved as to form:
___________________________________
Deputy County Attorney Date