DPS CONTRACT # MEM.ORANDUM OF UNDERSTANDING REGARDING MCSO FACIAL RECOGNITION PROGRAM USE OF DPS Sl~X OFFENDER REGISTRATION DATA 1llis Mcmorandwn of Understanding (MOU) is entered into between the State of Arizona through its Arizona Department of Public Safety, hereinafter referred to as DPS, and Maricopa County through the Maricopa County Sheriffs Office, solely in its capacity at the Arizona Counter Terrorism Infonnation Center (ACTIC), hereinafter referred to as "Agency". PURPOSE The Agency and DPS agree to allow the downloading and storage of sex offender registration data from the DPS Sex Offender Compliance Team. Such data will be accessible by Agency personnel participating in the DPS Arizona Counter Terrorism Information Center (ACTIC) for purposes of active criminal investigations. The parties shall discuss and coordinate data exchange on a regular basis. The coordination, dissemination) and use of sex offender registration data for active crin1inalinvestigation purposes are recognized as state responsibilities. AllTHORlTY DPS is authorized and empowered to enter into this !GA pursuant to ARS § 41-1713. Both parties are authorized and empowered to enter into this IGA pursuant lo AlZS § l l952. Now, in consideration of the mutual promises set forth herein, the parties to this Agreement hereby agree to the following terms and conditions: PROVISIONS DPS agrees to provide the Agency's ACTIC based l'acial Recognition Unit dovmloads of Sex Offender registration data: all digital photo images of individuals; their file name and date of image; Sex Offender Registration number; and date of birth on a regular hasis to be determined by the parties. Parties understand and agree that while DPS has the final exclusive right to control access and dissemination of Sexual Offender registrntion data, DPS will act as the central state repository of this data for purposes of this agreement under the authority of AR.S. §411750. Sexual Offender registration data obtained pursuant to this agreement shall be used for purposes of active criminal investigations and shall not be further disseminated without written approval of DPS. It is nnderstood that DPS may share Sexual Offender registration data with other law enforcement agencies through the ACTIC to further the purposes of the ACTIC as established by and in accordance with the intergovcmmental agreements signed by DPS with participating federal, state, and local law enforcement agencies. Page 1 of 4 Maricopa County GeorgetownCPT 015195 FRT DPS CONTRACT ii /<.00 "/ - lt.f 'L DPS shall have the right, a( its own discretion, lo modify U1estorage and organiwtion of Sexual Offender registration data at DPS facilities and at the ACTIC for its own purposes and for fulfilling the purposes of ACT!C. Nothing in this agreement shall be construed to relieve either party of any obligation or responsibility imposed upon it by law. If any provision of11Jis agreement is beld invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired. The failure of any party to exercise any right provided for by this agreement shall not be deemed a waiver of any right provided by this agreement. FINANCING Each party to Uus Agreement shall bear its own costs and expenses for tbe duration of th.ls agreen1entjincluding personnel costs. ln no event sha!l either pmiy charge the other for any administrative fees l<:lrany work performed pursum1t to this Agreement. This Agreement shall be subject to available funding, and nothing in this Agreement shall bind any party to expenditures excess of funds appropriated and authorized for purposes outlined in 1J1isAgreement. en INDEMNlFICA TION Each party (as "Indernnitor") agrees to indemnify, defend, and hold harm.less the other party (as "Indcmiutee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fres) (hereinafter referred to as "Claims") arising out of bodily injury of any person (including dea1J1)or property damage, but only to the extent such Claims which result in vicarious/de1ivativc liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the lndemnitor, its officers, agents, employees, or volunteers. NONDISCRIMINATION All parties agree to comply with the non-discrin1ination provisions of the Governor's Executive Order 75-5 and 99-04. RECORD KEEPING All records regarding this Agreement must be retained for five (5) years in compliance with A.R.S. §35-214, entitled Inspection and Andit of Contract Provisions. AUDIT The ACT!C shall conduct quarterly audits to ensure compliance with the provisions outlined in this agreement. Page 2 of4 Maricopa County GeorgetownCPT 015196 FRT DPS CONTRACT# ;;_ao°I - li/9 ARBITRATION Each party agrees to abide by A.R.S. § 12-1518, State and Political Subdivisions; Use of Arbitration. DURATION This agreement may be amended or changed only by a written agreement by the parties. All notices required or permitted to be given by one party to another under this agreement shall be sufilcient if sent to another party at the respective addresses set forth below or to such other address as the party to receive the notice has designated to the other parties. Any notice required to be given under thts Agreement will be provided by marl to: DPS Commander of DPS Intelligence Bureau Arizona Counter Tcnorism Center P 0. Box 6638 - MD 3900 Phoenix, Arizona 85005-6638 Maricopa County Sherifi"s Office (MCSO) Joseph M. Arpaio Maricopa County Sheriff 100 W. Washington, Suite 1900 Phoenix, ATizona 85003 TERMINATION/CANCELLATION This agreement may be temunated by any party al any time on written notice to the other parties not less than thi1ty (30) days in advance of the termination date. All parties arc hereby put on notice that this contrnct is subject to cancellation by the Governor for conflicts of interest, pursuant to A.R.S. §38-511. This agreement constitutes the entire agreement between the parties. All prior agreements, representations, statements, and negotiations are hereby suspended. P-age3 of 4 Maricopa County GeorgetownCPT 015197 FRT ,+cf_]- Jf/) DPS CONTRACT# IN WITNESS WHEREOF, THE PARTJES HEREBY SUBSCRJBE THEIR State o~rizon- a 1--i ..-By: , 4tt,,((L7-n"' __ ~ _____ -r Roger Vanderpool, _ Director Arizona Department of Public Safety J Date: __lo v& { o_"'i_------~---- 8 v-------'i'YW---c-1'4-t,;..-4~-c:__'c.J JoseP. rpaio, Mari opa County Sheriff's Office Date: Approved as to Forn1: ~, -----~ __ L__---:,~6~-~--______ Assistant Attorney General Dale: /D (z.:olo -~----- Page 4 of 4 Maricopa County GeorgetownCPT 015198 FRT /(/J/t,1 / I