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MARICOPA COUNTY TREASURER’S OFFICE
DataTrace
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING dated as of the last signature below (the “Effective Date”) is
entered into by and between Maricopa County, through the Maricopa County Treasurer's Office (the
“TREASURER”) with its principal place of business located at 301 West Jefferson Street, Phoenix, AZ 85003,
and DataTrace with its principal place of business located at 30005 Ladyface Ct, Suite 200 Agoura Hills, CA
91301, who have signed this MEMORANDUM OF UNDERSTANDING (“MOU”):
WHEREAS:
1. The TREASURER receives all monies of the county, and other monies directed by law to be paid to
the county treasurer, including monies received to pay property taxes, and keeps an account of
the receipt and expenditure of the monies of the county.
2. DATATRACE is a company providing Real Property and Title information services and products.
3. Arizona law permits the TREASURER to charge fees for providing public records to those who
request access to such records for a commercial purpose.
4. The parties to this MOU wish to provide access to certain TREASURER records to DATATRACE in
exchange for DATATRACE providing TREASURER with corrected title information related to
Maricopa County parcel accounts.
NOW, THEREFORE, the parties agree as follows:
A. The TREASURER will provide on an annual basis CD001 "Tax Extension Master” (“DATA”) to
DATATRACE.
B. In exchange for TREASURER providing the DATA to DATATRACE at no cost, DATATRACE will provide
TREASURER’s designated employees with corrected title information related to Maricopa County
parcel accounts for internal research purposes only.
C. Enhancement/Alteration/Reproduction. DATATRACE may enhance or otherwise alter DATA to
make use of such DATA in its sole discretion.
D. No Warranty. The TREASURER does not warrant the accuracy of any DATA provided pursuant to
this MOU. DATATRACE acknowledges the information may be subject to transcription or
transmission errors. Accordingly, the information is provided by TREASURER on an "as is” basis
with no warranty. Likewise, DATATRACE does not warrant the accuracy or completeness of its title
plants or image library for the County of Maricopa, and TREASURER acknowledges that the
information may be subject to transcription or transmission errors. Accordingly, the information
is provided by DATATRACE on an "as is” basis with no warranty.
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E. Customer Issues. DATATRACE is solely responsible for fielding, managing, and remedying all
inquiries, concerns, or issues from DATATRACE’s customers, or any person or entity inquiring or
acting on their behalf, whether written, verbal, or otherwise, including but not limited to, issues
related to customer service, technical support, data discrepancies, estimate property values,
consumer privacy, or the use or transmission of data that may be considered personally
identifiable information. The foregoing shall not be construed to limit DATATRACE from
communicating directly with the TREASURER to report data issues or submit reasonable questions
related to real property data or issues related to the data format, shipment media, or delivery in
connection with the delivery of information. With respect to maintenance or outages within the
TREASURER systems, the TREASURER will provide reasonable advance notice to DATATRACE of
scheduled maintenance outages and alerts that would affect the delivery of information to
DATATRACE.
F. Primary Contact. Each party shall designate persons within its organization to whom the Parties
can make requests pursuant to the MOU and shall name and provide information on such persons
as provided on the signature page of this MOU.
G. Term. The term of this MOU shall commence on the Effective Date and shall continue until the last
day of the eleventh calendar month following the month of the Effective Date, unless terminated
as otherwise provided in this MOU (the “Term”). The MOU shall automatically renew for additional
twelve-month periods unless either Party notifies the other Party in writing, at least 60 days prior
to the last day of the Term, of its intention to terminate.
H. MOU Coordinator. The Project Manager of the DATATRACE shall serve as the coordinator of this
MOU ("MOU Coordinator") in terms of maintaining fully-executed copies of this MOU, organizing
meetings of the Parties to discuss the implementation, modification, and extension of this MOU,
and providing general information to Parties regarding this MOU.
I. Default/Breach. In the event a Party defaults on or otherwise breaches its obligations under this
MOU, the Party that suffers from such default/breach shall have no legal claim against the
defaulting Party whatsoever.
J. Amendment. This Agreement may be amended as to the scope of information or materials
exchanged, or otherwise, only upon signed agreement of the Parties.
K. Conflict of Interest. Pursuant to the provisions of Arizona Revised Statutes (“A.R.S.”) § 38-511,
either Party may cancel this Agreement without penalty or obligation, if any person significantly
involved in the initiating, negotiating, securing, drafting, or creating this Agreement on behalf of
the terminating Party is at any time while the Agreement or any extension thereof is in effect, an
employee of the other Party to the Agreement in any capacity with respect to the subject matter
of this Agreement.
L. Nondiscrimination. The Parties agree to comply with all applicable state and federal laws, rules,
regulations, and executive orders governing equal employment opportunity, immigration, and
nondiscrimination.
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M. Immigration; E-Verify. To the extent applicable under A.R.S. § 41-4401, the Parties warrant
compliance, on behalf of themselves and all subcontractors, with all federal immigration laws and
regulations relating to their employees, and compliance with the E-Verify requirements under
A.R.S. § 23-214(A). Any Party’s breach of the abovementioned warranty shall be deemed a material
breach of this Agreement and the nonbreaching Party may terminate this Agreement. The Parties
retain the legal right to inspect the papers of any other Party to ensure that the Party is complying
with the abovementioned warranty under this Agreement.
N. Certification re Forced Labor of Ethnic Uyghurs. DATATRACE certifies pursuant to A.R.S. § 35-394
that it does not currently, and agrees for the duration of this MOU that it will not use (a) the forced
labor of ethnic Uyghurs in the People’s Republic of China, (b) any goods or services produced by
the forced labor of ethnic Uyghurs in the People’s Republic of China, or (c) any contractors,
subcontractors or suppliers that use the forced labor or any goods or services produced by the
forced labor of ethnic Uyghurs in the People’s Republic of China.
O. Venue; Choice of Law. The proper venue for any proceeding arising from this Agreement shall be
Maricopa County, Arizona. This Agreement shall be construed in accordance with and be governed
by the laws of the State of Arizona.
P. Headings. Sections and other headings contained in this Agreement are for reference purposes
only and shall not affect in any way the meaning or interpretation of this Agreement.
Q. Contacts. For purposes of providing information and communication, the Parties to this
Agreement are as follows:
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Agency:
Contact:
Title
Address:
Telephone No.:
Email Address:
Agency:
Contact:
Title
Address:
Telephone No.:
Email Address:
Maricopa County Treasurer’s Office
Richard M. Challoner
Manager, Business Operations
301 West Jefferson Street, Room 100 Phoenix, AZ 85003
602-506-3413
richard.challoner@maricopa.gov
DataTrace
Brian Miranda
30005 Ladyface Ct, Suite 200 Agoura Hills, CA 91301
714-250-8493
bmiranda@firstam.com