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HomeMy WebLinkAboutResolution 2009-154 Data Access/Exchange Agreement with ADOTMARANA RESOLUTION N0.2009-154 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A DATA ACCESS/EXCHANGE AGREEMENT BETWEEN THE TOWN OF MAIZANA AND THE ARIZONA DEPARTMENT' OF TRANSPORTATION MOTOR VEHICLE DIVISION REGARDING ACCESS TO THE ACCIDENT LOCATION INFORMA- TION AND SURVEILLANCE SYSTEM (ALISS) DATABASE WHEREAS the Town of Marana and the Arizona Department of Transportation Motor Vehi- cle Division desire to enter into a Data Access/Exchange agreement for the purpose of a more effi- cient exchange of crash records and crash data; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the Data Access/Exchange agreement be- tweenthe Town of Marana and the Arizona Department of Transportation Motor Vehicle Division, attached to and incorporated by this reference in this resolution as Exhibit A, and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and obj ectives of the data access/exchange agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of September, 2009. Jocelyn ronson, Town Clerk ~ooo~6a~4.~oci} ~~ Mayo Ed Honea APPROVED AS TO FORM: -~ ..~ ' ~;: Frank Cassidy, Town Attorney' ~~ ~. , /a00T Janice K. Brewer Governor John S. Halikowski Interim Director DATA ACCESS /EXCHANGE AGREEMENT Date: Name of Department: Doing Business As Business Address Mailing Address Telephone Number: Arizona Department of Transportation Motor Vehicle Division 1801 West Jefferson Street Phoenix, Arizona 85007 September 15, 2009 Town of Marana Town of Marana 11555 W. Civic Center Drive Mailing Address (520) 382-2000 Stacy K. Stanton Division Director Town of Marana (AGENCY) hereby requests authorization for connectivity to the Arizona Department of Transportation's (ADOT) (check all that apply): ® ALISS Database to submit electronic crash records. ® ALISS Database to access and retrieve crash data. ® Safety Data Mart to query, analyze and retrieve crash data. This Database Access Agreement complies with GITA Statewide Standard P740-5741, Standard 4.7.3, which states "All Budget Units shall establish a written Data Exchange Agreement with exchange entities/organizations. The agreement shall convey the purpose of the exchange, usage and non- disclosure of personal information, the classification and degree of sensitivity of the data, the application system, data-set name, frequency, media, data-elements, security schemes, and final repository, as well as contact information." The AGENCY'S specific access capabilities are further described in the attached Addendum, which shall be considered a part of this Agreement between AGENCY and ADOT. AGENCY understands and agrees that it shall only access the ALISS database(s) in accordance with the terms and conditions set forth herein. If at any time ADOT believes AGENCY is using such access inappropriately, ADOT reserves the right to immediately terminate this Agreement and all corresponding access. Definitions "ADOT" means the Arizona Department of Transportation. "ALISS" means the Accident Location, Identification and Surveillance System. Version 2.0 "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. "AGENCY" means Town of Marana. "Encrypt" means to scramble computerized information to secure data by using special algorithms for transmission or other purposes. "Personal Information" means information that identifies an individual, including 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. Any disapproval of location by ADOT must be based on reasonable cause. 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 ALISS Database and/or Safety Data Mart 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. Version 2.0 2 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. 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 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. 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. Version 2.0 All notices or demands upon either party shall be in writing and an original shall be delivered in person, or sent by mail addressed as follows: To ADOT at: Motor Vehicle Division Traffic Records Section ATTN: John Riemer 206 S. 17th Ave, Mail Drop 064R Phoenix, AZ 85007-3233 To AGENCY at: Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Contact: Rick Brown Fax: 520.382.2069 Records AGENCY shall retain all books, papers, records, electronic data, and accounting records kept manually or electronically relating to this Agreement for a period of three (3) years, or such greater or lesser time as may be required by state law, rule, or the ADOT Records Retention Schedule. Such records shall be subject to inspection and audit by authorized representatives of ADOT (or by any law enforcement agency) at all times during the term of the Agreement. All records existing at the time of completion or termination of this Agreement shall also be retained for a period of three years and shall be subject to inspection and audit by authorized representatives of ADOT (or by any law enforcement agency) during that three year period. It is further agreed that ownership of all records relating to this Agreement resides with ADOT. 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 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 accept any modification of the Agreement for reasonable cause, if set forth in writing and deemed necessary by ADOT. 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 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. Version 2.0 Termination Either party may terminate this Agreement for convenience or cause upon thirty (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 MVD all electronic data stored on any electronic storage devices and shall immediately return all other data and information received in connection herewith to ADOT. This Agreement is subject to cancellation by the Governor pursuant to A.R.S. §38-511, or by ADOT for cause and without prior notice if the public interest so requires. Waiver/SeverabilitV 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 Assistant Division Director, Executive Services Group and execution by both parties, and shall thereafter continue in effect for a term of three (3) years, unless previously terminated or canceled as provided herein. Upon expiration of this three-year period, the parties may mutually agree to extend the term of the Agreement for another three (or fewer) years by entering into a "Joint Letter of Renewal." Liabili 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 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. C'ertificatinn On behalf of AGENCY identified below, I hereby request approval of this Agreement. I certify 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. I further certify that I have the authority to execute this Agreement on behalf of AGENCY. I understand that AGENCY must abide by the provisions of this Agreement if approved by the Assistant Division Director, Executive Services Group and executed by both parties. Version 2.0 Town of Marana Signature `T~..y~i- . ~. ~, Name Printed ~~~-~'1.,.~. Title a- «-coq Date For ADOT USE ONLY ~ ~ ~„ Received this date ~ ~ '~ ~ 1 ~ ~ Signed ~~-v~~ ~il Version 2.0 AUTHORIZATION On behalf of the Arizona Department of Transportation, the authorization requested by Town of Marana pursuant to this Agreement (including the attached Addendum) is hereby approved. DATED THIS ~ DAY OF ~ , 20~. Motor Vehicle Division/Executive Services Group Assistant Divi~ibn Dire Arizona Department of Version 2.0 Vehicle Division/Executive Services Group 7 AGREEMENT ADDENDUM THIS ADDENDUM is made and entered into pursuant to A.R.S. §§28-401 et seq. and §28-450, and with GITA Statewide Standard P740-5741, Standard 4.7.3, as part of the foregoing Data Access / Exchange Agreement between the Arizona Department of Transportation (ADOT) and the Town of Marana (AGENCY). I. ADOT <grants/el~x~> AGENCY authorization to access its ALISS 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 <~e/does not grant> AGENCY authorization to access its ALISS 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/~~ AGENCY authorization to access its Safety Data Mart 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: Motor Vehicle Divi ' n/Executive Services Group own of Marana Signature Signatur George Delgado ~ ~,.ry~i , ~ o„,~,y~Q,~, Name Printed Name Printed Assistant Division Director ~,~ co ~.~1;~ Title Title / R-1~ Date ~k~ Version 2.0 8