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1801 W. Jefferson St.
Phoenix, AZ 85007
DATA ACCESS / EXCHANGE AGREEMENT
ADOT File No:
25-0011390-I
Date:
Name of Agency:
City of Chandler
Doing Business As:
Chandler Police Department
Business Address:
250 E Chicago Street
Chandler, AZ 85225
Mailing Address:
Mail Stop 303M, PO Box 4008
Chandler, AZ 85244-4008
Telephone Number:
480.782.4000
Chandler Police Department (AGENCY) hereby requests authorization for connectivity to the Arizona
Department of Transportation’s (ADOT or State) (check all that apply):
CRIS Database to submit electronic crash records.
CRIS Database to access and retrieve crash data.
ACIS to query, analyze and retrieve crash data.
ADOT is authorized to enter into this Agreement pursuant to Arizona Revised Statutes (“A.R.S.”) § 28-363.
Chandler Police Department (AGENCY) is authorized to enter into this Agreement pursuant to A.R.S.
§ 48-572.
The AGENCY (as defined below) hereby requests authorization for connectivity to the CRIS Database
and/or ACIS of the Arizona Department of Transportation. The AGENCY’s specific access capabilities are
set forth and further described in the attached Addendum, which shall be considered a part of this
Agreement between the AGENCY and ADOT.
The AGENCY understands and agrees that it shall only access the CRIS Database and/or the ACIS in
accordance with the terms and conditions set forth herein. If at any time ADOT believes the AGENCY is
using such access in an unauthorized or unlawful manner, ADOT reserves the right, in its sole discretion, to
immediately terminate this Agreement.
This Agreement complies with GITA Statewide Standard P740-S741, Standard 4.7.3.
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Definitions
“ACIS” means the Arizona Crash Information System.
“ADOT” means the Arizona Department of Transportation.
“AGENCY” means the Chandler Police Department.
“Agreement” means this Data Access Exchange Agreement.
“Authorized individuals” means those persons who are employed or contracted by AGENCY to perform the
activities authorized hereunder.
“Connectivity” means to make and/or maintain a computer connection with ADOT for the purpose of
performing the activities authorized under this Agreement.
“CRIS” means the Crash Records Information System.
“Encrypt” means to scramble computerized information to secure data by using special algorithms for
transmission or other purposes.
“Parties” means ADOT and the AGENCY, collectively.
“Party” means ADOT or the AGENCY, as the case may be.
“Personal Information” means information that identifies an individual, including without limitation an
individual's name, photograph, social security number, driver license number, physical description, race,
ethnic origin, sexual orientation, income, blood type, DNA code, fingerprints, marital status, religion, home
address, home telephone number, education, financial matters, and medical or employment history readily
identifiable to a specific individual but does not include information on vehicular accidents, driving
violations, and driver's status.
“RACF” means Resource Access Control Facility, which is a software security product that protects
information by controlling access to it.
“Secure location” means an area designated specifically for authorized individuals to access ADOT’s
database(s) and to which all unauthorized individuals shall be prohibited from entering.
“Sensitive Information” means any state information either in detail or aggregate that may be prejudicial or
harmful to the state and its citizens.
Location of Activities
AGENCY may conduct authorized activities only at those locations which have been pre-approved by ADOT
such as their place of business that adheres to the other guidelines outlined in this Agreement. ADOT
reserves the right, in its sole discretion, to disapprove of location.
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Equipment
AGENCY shall obtain computer equipment and software that is compatible with the information systems
and connectivity requirements of ADOT, and which will allow access only to the specific database(s) listed
in the Addendum to this Agreement.
Data Security
AGENCY shall provide a secure location for all computer equipment used to access ADOT’s database(s).
AGENCY shall provide access to ADOT’s CRIS Database and/or ACIS only to AGENCY personnel or
contractors who are authorized individuals, and to no one else. If at any time ADOT believes that an
authorized individual is using such access inappropriately, ADOT reserves the right to immediately
terminate that individual’s database access and/or to terminate AGENCY authorization under this
Agreement.
AGENCY shall comply with all ADOT policies, procedures and directives regarding security and database
access, including any future amendments thereto. All subcontractors utilized to perform the activities
authorized by this Agreement must abide by the same security and access requirements as AGENCY.
AGENCY must disclose and obtain ADOT approval of any existing and/or contemplated strategic alliances,
partnerships, Intergovernmental Agreements or subcontracting arrangements that AGENCY has or will
enter into which involve the processing and/or use of ADOT data acquired pursuant to this Agreement.
Except as required by court order of A.R.S. §§ 39-121 through 39-129, AGENCY, its officers, agents,
employees, contractors and representatives shall not, without the prior written approval of ADOT, disclose,
distribute, or utilize in any manner not expressly authorized under this Agreement, any personal or
sensitive information which is connected or otherwise associated with or accessed pursuant to this
Agreement, either during the term of this Agreement or subsequent to any termination of this Agreement.
AGENCY shall maintain all hard copy information and electronic data related to this Agreement in a secure
location at all times.
Data Privacy
AGENCY shall not utilize its computer connections with ADOT for any purpose other than the purpose(s)
specified in the Addendum to this Agreement.
Network Security
AGENCY understands and agrees that any and all personal or sensitive information that it stores or
transmits over external or public computer networks, such as the Internet, must be encrypted.
AGENCY computers that are permanently or intermittently connected to internal computer networks must
have an ADOT approved, password-based, access control system in order to access ADOT’s database(s).
This requirement applies to computers with direct connections to data centers, as well as AGENCY “wide
area network.” Regardless of the network connections, all AGENCY computers which are used to access
ADOT information must employ approved, password-based, access control systems.
All in-bound connections to AGENCY computers from external networks must also be protected. All access
control systems must utilize user-identifications (i.e. RACF ID’s) and passwords unique to each user, as well
as user-privilege restriction mechanisms. Password sharing is prohibited.
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Non-exclusivity
This Agreement shall not preclude ADOT from entering into the same or similar Agreement with other
public or private entities, including those performing identical or similar functions as AGENCY.
Notification
AGENCY shall assign a contact person for problem resolution and notification of procedural changes.
AGENCY shall advise ADOT within two business days of any change in its designated contact person. All
notices or demands upon either Party shall be in writing and an original shall be delivered electronically, in
person, or sent by mail, addressed as follows:
To ADOT at:
ADOT Crash Records Section
Custodian of State Crash Records
1615 W. Jackson Street, Mail Drop 064R
Phoenix, AZ 85007
Fax: 602.712.3488
AZCrashFacts@azdot.gov
To AGENCY at:
Chandler Police Department
ATTN: Melissa Deanda
250 E Chicago Street
Chandler, AZ 85225
480.782.4103
melissa.deanda@chandleraz.gov
Records
The AGENCY shall maintain a log or register of all ADOT records it requests and all ADOT records it obtains
by virtue of the access provided herein. The AGENCY shall retain this log or register either manually or
electronically for a period of five years after the date of request and receipt of the records. All other books,
papers, records, data, and accounting records relating to this Agreement (“Records”) shall be maintained by
AGENCY for a period of five years, or such greater or lesser time as may be required by federal or state law,
rule, or the ADOT Records Retention Schedule. The Records shall be subject to inspection and audit by
ADOT for five years after termination or completion of this Agreement. The Records shall be produced at
the offices designated by ADOT.
It is further agreed that ownership of all records relating to this Agreement resides exclusively with ADOT,
except for data retrieved pursuant to this Agreement.
Compliance
AGENCY shall comply with all of the terms set forth in this Agreement, together with all applicable state
statutes, rules, and regulations. AGENCY shall also comply with all relevant ADOT policies, procedures and
directives that ADOT provides to AGENCY throughout the course of this Agreement. All AGENCY
subcontractors are held to the same compliance standards, and any failure to comply on the part of the
subcontractor will be deemed a failure on the part of AGENCY.
Non-compliance
If AGENCY fails to comply with the terms of this Agreement, or with any applicable law, rule or regulation,
ADOT reserves the right to take any remedial action that it deems necessary and appropriate, including
without limitation the suspension, cancellation, revocation, or termination of this Agreement. In case of a
violation of law, the Agreement shall immediately terminate.
Amendment and Modification of Agreement
AGENCY shall review and approve in writing any modification of the Agreement. Upon the amendment of
any applicable law, rule or regulation, the Agreement shall automatically be modified to reflect such
amendment. Any modification of the Agreement shall be incorporated herein and shall be subject to all
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other provisions of this Agreement. AGENCY may submit a written request to ADOT if there are any
changes it desires be made to the Agreement, and such a request shall be approved or denied at ADOT’s
sole discretion.
Termination
Either Party may terminate this Agreement for convenience or cause upon 30 days prior written notice to
the other Party. Upon any termination of this Agreement, AGENCY shall, at ADOT’s request, remove and
deliver to ADOT all electronic data stored on any electronic storage devices and shall immediately return
all other data and information received in connection herewith to ADOT.
Waiver/Severability
AGENCY agrees that a waiver of any provision of this Agreement shall not act as a waiver of any other
provision of this Agreement. If a provision of this Agreement is for any reason declared invalid, illegal, or
unenforceable, that declaration shall not affect the remainder of the provisions of the Agreement.
Duration
This Agreement shall commence upon approval by the Division Director and execution by both Parties, and
shall thereafter continue in effect for a term of five years, unless previously terminated or canceled as
provided herein. Prior to expiration of this five year period, the Parties may mutually agree to extend the
term of the Agreement for three, five-year extensions by entering into an amendment to this Agreement.
Liability
The AGENCY shall indemnify, defend, and hold harmless the State, any of its departments, agencies,
officers or employees (collectively referred to in this paragraph as the “State”) from any and all claims,
demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including
reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the
“Claims”), which may be brought or made against or incurred by the State on account of loss of or damage
to any property or for injuries to or death of any person, to the extent caused by, arising out of, or
contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of
the AGENCY, its employees, officers, directors, agents, representatives, or contractors, their employees,
agents, or representatives in connection with or incident to the performance of this Agreement. The
AGENCY’s obligations under this paragraph shall not extend to any Claims to the extent caused by the
negligence of the State, except the obligation shall apply to any negligence of the AGENCY which may be
legally imputed to the State by virtue of this Agreement or the State’s ownership of the databases. The
AGENCY‘s obligations under this paragraph shall survive the termination of this Agreement.
Limitation of Liability
ADOT (a) makes no warranty, express or implied, with respect to information provided under this
Agreement, including but not limited to, implied warranties of merchantability and fitness for any
particular use; (b) assumes no liability for any direct, indirect, or consequential damages arising from any
use of any part of this Agreement; (c) assumes no liability for any errors or omissions within the Data
Access Exchange. Parties hereby waive, relinquish, and release the State of Arizona and ADOT from any
claim for damage or injury arising from any use of the Data Access Exchange or any information derived
from it.
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Mandatory Provisions for Arizona State Agencies
None of the provisions of the Agreement may be waived, changed or altered except with the mutual written
consent of both Parties.
Except as permitted by law and provided by this Agreement, ADOT is not authorized to indemnify the
AGENCY.
The AGENCY acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
This Agreement shall be governed by and construed in accordance with Arizona laws.
This Agreement may be canceled in accordance with A.R.S. § 38-511.
This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law
101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR
Parts 35 and 36. The Parties to this Agreement shall comply with Executive Order Number 2009-09, as
amended by Executive Order 2023-01, issued by the Governor of the State of Arizona and incorporated in
this Agreement by reference regarding “Non-Discrimination.”
Non-Availability of Funds: Every payment obligation of ADOT under this Agreement is conditioned upon
the availability of funds allocated for the 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.
In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by
arbitration if required by A.R.S. § 12-1518.
The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §§ 35-393.01
and 35-394.
The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended.
Joint Venturer – Except as otherwise provided by law, in the performance of duties and activities under this
Agreement, the Parties hereto will be acting in their individual governmental capacities and not as agents,
employees, partners, joint ventures, or associates of each other. The officers, employees, agents, or
subcontractors of one Party shall not be deemed or construed to be the employees or agents of the other
Party. Each Party shall remain responsible for the supervision of their respective staff and students and
shall maintain adequate insurance coverage as required by law.
AGENCY assigns to ADOT any claim for overcharges resulting from antitrust violations to the extent that
such violations concern materials or services supplied by third parties to AGENCY toward fulfillment of this
Agreement.
The Parties may execute this Agreement in two or more counterparts, each of which shall be deemed an
original and together which shall constitute one and the same document.
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Certification
On behalf of AGENCY identified below, the undersigned hereby request approval of this Agreement. The
undersigned certifies that all of the information set forth herein by AGENCY is true and accurate, and that
any records or information obtained from ADOT’s database(s) and system(s) pursuant to this Agreement
will be used solely for the purpose(s) specified in the Addendum to this Agreement, and for no other
purposes. The undersigned further certifies that the undersigned have the authority to execute this
Agreement on behalf of AGENCY. The undersigned understands that the AGENCY must abide by the
provisions of this Agreement if approved by the Division Director and executed by both Parties.
CHANDLER POLICE DEPARTMENT
By _____________________________________ on __________
BRYAN CHAPMAN Date
Chief of Police
ATTEST:
By _____________________________________ on __________
KEVIN HARTKE Date
Mayor
By _____________________________________ on __________
DANA DELONG Date
City Clerk
By _____________________________________ on __________
KELLY SCHWAB Date
City Attorney
FOR ADOT USE ONLY
Received by _____________________________________ on __________
DAVID PORTER Date
AzTraCS Program Coordinator
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AUTHORIZATION
On behalf of the Arizona Department of Transportation, the authorization requested by the Chandler
Police Department pursuant to this Agreement (including the attached Addendum) is hereby approved.
ARIZONA DEPARTMENT OF TRANSPORTATION
Project Delivery and Operations
By _____________________________________ on __________
AUDRA MERRICK, PE Date
Division Director
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AGREEMENT ADDENDUM
THIS ADDENDUM is made and entered into pursuant to A.R.S. §§28-401 et seq. and with GITA Statewide
Standard P740-S741, Standard 4.7.3, as part of the foregoing Data Access / Exchange Agreement between
the Arizona Department of Transportation (ADOT) and the Chandler Police Department (AGENCY).
Subject to ADOT’s right to terminate as set forth in this Agreement:
I.
ADOT <grants/does not grant> AGENCY authorization to access its CRIS Database via approved direct
program-to-program interactions over an approved persistent connection and to thereby submit
electronic crash records information contained in such databases according to the terms and
conditions stated in this Agreement. Electronic crash records shall be submitted no more than once
per day.
II.
ADOT <grants/does not grant> AGENCY authorization to access its CRIS Database via an approved
secure gateway and with two-factor authentication to retrieve pertinent crash records data including
vehicle information according to the terms and conditions stated in this Agreement.
III.
ADOT <grants/does not grant> AGENCY authorization to access its ACIS via an approved secure
gateway and with user identifications and passwords unique to each user to run queries and retrieve
crash data strictly for the purposes of safety analysis and in accordance with the terms and conditions
stated in this Agreement. Data query and retrieval may be done on an as-needed basis.
The foregoing Agreement and Addendum are mutually agreed to:
CHANDLER POLICE DEPARTMENT
By _____________________________________ on __________
BRYAN CHAPMAN Date
Chief of Police
ATTEST:
By _____________________________________ on __________
KEVIN HARTKE Date
Mayor
By _____________________________________ on __________
DANA DELONG Date
City Clerk
By _____________________________________ on __________
KELLY SCHWAB Date
City Attorney
ARIZONA DEPARTMENT OF TRANSPORTATION
Project Delivery and Operations
By _____________________________________ on __________
AUDRA MERRICK, PE Date
Division Director