PARADISE VALLEY AZAFIS AGREEMENT.PDF

ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
FAST Site
USER AGREEMENT
C-50-16-096-3-01
This Intergovernmental Agreement (IGA) is entered into by and between MARICOPA COUNTY, a political
subdivision of the State of Arizona administered by and through the SHERIFF'S OFFICE "MCSO" and the TOWN OF
PARADISE VALLEY "TOWN" by and through the PARADISE VALLEY POLICE DEPARTMENT "PVPD" collectively
referred to as the Parties. The Parties enter into this IGA for the use of the Arizona Automated Fingerprint
Identification System (AZAFIS) Full Access System Terminal (FAST) site at MCSO.
This IGA is a condition of MCSO's "ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS) USER
AGREEMENT," DPS Contract No. 2008-303 which is attached hereto for reference.
1. Purpose
MCSO has been designated as an AZAFIS FAST site by the AZAFIS Advisory Board and agrees (in addition to
being responsible for entering and searching its own agency's Ten Prints and Latent Prints through the
centralized AZAFIS databases at the Arizona Department of Public Safety) to process Ten Prints and Latent
Prints for all other law enforcement agencies within the County in which the FAST site is located (except
remote terminal site agencies) or any other agency that opts to obtain AZAFIS services directly from the
Arizona Department of Public Safety. The service is provided at no charge to PVPD.
2. Term and Termination
This IGA shall begin on September 1, 2016 and terminate upon thirty (30) days written notice to the other
party or in any case where MCSO would no longer be designated as an AZAFIS FAST site by the AZAFIS
Advisory Board.
3. Termination for Non Availability of Funds
This agreement is a non-financial agreement. However, if continuation of this Agreement beyond the initial
fiscal year is dependent on and subject to the appropriation and availability of funding for each Party in each
subsequent fiscal year, if sufficient funding is not made available to allow a Party to continue meeting its
contractual obligations under this Agreement, that Party shall so notify the other Parties and the notifying
Party may cancel this Agreement and have no further obligation to the other Parties. In the alternative, the
Parties may, by mutual written agreement, modify this Agreement to reduce the level of compensation,
services or other consideration provided. The Parties may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this Agreement. The Parties shall give written notice of the effective
date of any suspension, amendment, or termination under this Section, at least thirty (30) days in advance.
4. Relationship
Nothing in this Agreement shall be construed to establish an employment, agency, partnership, joint venture
or other relationship between the Parties. Neither party shall be liable or responsible for the acts, errors or
omissions of the other Party. Neither Party shall have authority to bind the other Party to any contract, debt or
liability. Neither Party shall be liable for the separate debts, liabilities, or obligations incurred by the other
Party, except as otherwise provided in this Agreement. Each Party shall be responsible for the management
and oversight of its own employees/staff.
5 The PVPD
5.1 Agrees and recognizes the use of information received is solely to establish the identity of
individuals using AZAFIS technology.
5.2 Understands that the MCSO as an AZAFIS FAST site must comply with all AZAFIS rules,
policies, and procedures regarding the security of the AZAFIS system.
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5.3 Agrees to assume full responsibility for the lawful use of any released information obtained as a
result of an AZAFIS transaction.
5.4 Will provide a contact person's (or persons') name, telephone number and/or pager/cellular
number who can be reached twenty-four hours a day, seven days a week for the purpose of
receiving the results of any Ten Print or Latent processing inquires.
5.5 Authorizes the MCSO to enter the originating agency identifier (ORI) in all fields where
specified by AZAFIS policies and procedures.
5.6. Will submit Ten Prints to the AFIS/Fingerprint Section electronically.
6. The MCSO:
6.1. The AFIS/Fingerprint Section is located at 111 S. 3rd Avenue, 4th Floor, Phoenix, Arizona
85003. The contact telephone number for the AFIS/Fingerprint Section is (602) 876-1047 and
(602) 876-1049 for AFIS/Fingerprint Section Manager and MCSO AZAFIS Site Manager.
6.2 Crime Lab Unit will only enter Latent Prints into the AZAFIS System and comply with the
AZAFIS IGA with the Arizona Department of Public Safety and AZAFIS policies and
procedures.
6.3 MCSO reserves the right to immediately suspend furnishing information covered by the terms of this IGA
if it appears that there has been misuse by the PVPD of any information provided to the PVPD. The MCSO
will resume furnishing such information upon receipt of satisfactory assurance that misuse of provided
information did not occur or that such misuse has been fully corrected or eliminated.
6.4 Will comply with the set standards for response time, records entry and system availability as
specified in the AZAFIS Policy and Procedures Manual.
6.5 Will not be responsible for errors generated by faulty source data from PVPD.
7. Indemnification
TOWN shall indemnify, defend, save and hold harmless the County and MCSO, County's departments, boards,
commissions, and the County's and MCSO's officers, officials, agents, and employees (hereinafter referred to
as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorneys' fees, and costs of claim processing, investigation and litigation)(hereinafter
referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or
intangible property caused, or alleged to be caused in whole or in part, by the negligent or willful acts or
omissions of PVPD or any of its owners, officers, directors, agents, employees or subcontractors. This
indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or
arising out of the failure of PVPD to conform to any federal, state or local, law, statute, ordinance, rule,
regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances,
except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by TOWN from and against any and all claims. It is agreed that TOWN will be responsible for
primary loss investigation, defense and judgment costs where this indemnification is applicable. In
consideration of this agreement, TOWN agrees to waive all rights of subrogation against the County and
MCSO, the officers, officials, agents, and employees thereof for losses arising under this agreement.
8. Conflict of Interest
Pursuant to A.R.S. §38-511, a party may cancel this Agreement without penalty or further obligation within
three years after execution of the contract, if any person significantly involved in initiating, negotiating,
securing, drafting or creating the contract on behalf of that party is at any time while the Agreement or any
extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any
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extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any
capacity or consultant to any other party of the Agreement with respect to the subject matter of the
Agreement. Additionally, pursuant to A.R.S § 38-511 the party cancelling this Agreement may recoup any fee
or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on its behalf from any other party to the contract arising as the result of the Agreement.
9. Notices
All notices required under this IGA shall be deemed to have been fully given when made in wiring and
delivered by: (i) personal delivery; (ii) deposit in the United States mail, postage prepaid, certified mail, return
receipt requested; or (iii) overnight courier service, and addressed as follows:
MCSO: PVPD:
Maricopa County Sheriff's Office Paradise Valley Police Department
Chief of Administration Chief Peter Wingert
550 W Jackson Street, 5th Floor 6433 E Lincoln Drive
Phoenix, AZ 85003 Paradise Valley, AZ 85253
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement effective as of the date set forth above.
TOWN OF PARADISE VALLEY MARICOPA COUNTY
Mayor Date Clint Hickman, Chairman Date
Maricopa County Board of Supervisors
ATTEST: ATTEST:
Date Fran McCarroll, Date
Town Clerk Clerk of the Board
APPROVED AS TO FORM APPROVED AS TO FORM
Date Deputy County Attorney Date
Legal Counsel
PARADISE VALLEY POLICE DEPARTMENT
Chief Peter Wingert Date
Paradise Valley Police Department
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DPS CONTRACT O. ruemwace!..1,,,..rPr.I
ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
0-a)- (Ds -055-,)-co
THIS AGREEMENT (Agreement) is made and entered into b y the ARIZONA
DEPARTMENT OF PUBLIC SAFETY, hereinafter referred to as "DPS" and the MARICOPA
COUNTY SHERIFF'S OFFICE, hereinafter referred to as "USER AGENCY". DPS, under the
authority of ARS §41-2205, ARS §41-1750, ARS §41-1751, and ARS §41-2413, operates the Central
State Repository for the Arizona Criminal Justice Information S ystem (ACJIS), and the Arizona
Automated Fingerprint Identification S ystem (AZAFIS), and functions as the ACES Control Terminal
Agency. Per authority of ARS §41-2204, the Director of the Arizona Department of Public Safet y
serves as the System Manager of ACES and AZAFIS.
USER AGENCY is:
E A criminal justice agency as defined in 28CFR20.3(g), and ARS §41-1701, and
ARS §41-1750,
AND
A criminal justice agency designated as an AZAFIS Full Access S ystem Terminal
(FAST) Site by the AZAFIS Advisory Board and a grees (in addition to being
responsible for enterin g and searching its own agency's tenprints, latent prints, and
palm prints through the centralized AZAFIS databases at DPS) to process tenprints,
latent prints, and palm prints for all other law enforcement a gencies within the county
in which the FAST Site is located (except AZAFIS Remote Terminal [RTJ Site
agencies or any other agency that opts to obtain AZAFIS services directl y from DPS).
DPS will provide to the AZAFIS FAST Site the AZAFIS equipment, software and
associated system maintenance, network capability necessary to• provide AZAFIS
FAST Site services, and staff reimbursement (as described in Section F below).
1. There shall be no charge to law enforcement a gencies for AZAFIS services
provided by the AZAFIS Fast Site.
2. Each AZAFIS FAST Site shall execute an Intergovernmental A greement
(IGA) with any law enforcement agency for which it provides AZAFIS
services. Each IGA shall be approved b y the State AZAFIS System
Administrator prior to the effective date of the a greement.
OR
A criminal justice agency that is designated as an AZAFIS Remote Terminal (RT)
Site acquires its own fully compatible AZAFIS equipment and software that meets the
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ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
AZAFIS System Manager's acceptance requirements and is directly interconnected to
the central site AZAFIS computers at DPS. An AZAFIS RT Site is responsible for
entering and searching only its own agency's tenprints, latent prints, and palm prints
through the centralized AZAFIS databases at DPS. An AZAFIS RT Site has the same
tenprint, latent print, and palm print processing capabilities as a FAST Site except an
RT Site:
1. Is required to pay all costs associated with AZAFIS processing at the RT Site.
2. Can recover actual operating costs from any law enforcement agency for
which it elects to provide AZAFIS. services. Charges shall not exceed the
actual cost of providing the services. Each AZAFIS RT Site shall execute an
Intergovernmental Agreement (IGA) with any law enforcement agency for
which it elects to provide AZAFIS services. Each IGA shall be approved by
the State AZAFIS System Administrator prior to the effective date of the
agreement.
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ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
shall grant AZAFIS access authorization to those employees who have a current
AZAFIS Terminal Operator Certification.
3. Secondary Dissemination. USER AGENCY agrees to assume full responsibility for
the lawful use of any released information obtained as a result of an AZAFIS
transaction.
D. Audits/Inspections.
1. USER AGENCY hereby agrees to make its reports available to DPS for the purpose
of conducting periodic audits of USER AGENCY's compliance with all laws and
regulations regarding the use of the AZAFIS network and processing and use of
information furnished to USER AGENCY under the terms of this Agreement. In
order to facilitate such audits, USER AGENCY agrees to keep such records as DPS
may direct from time to time. In addition, USER AGENCY will cooperate with
directives issued by the AZAFIS System Manager and the State AZAFIS System
Administrator to assure reliability of data, fingerprint, and palm print images.
2. Each AZAFIS FAST Site agency shall provide quarterly workload reports to the State
AZAFIS System Administrator, detailing the AZAFIS services provided to its FAST
Site clients. The quarterly FAST Site workload reports shall include the volume and
types of transactions and other services conducted during the reporting period for each
FAST Site client, including time required to provide the reported services. Quarterly
FAST Site workload reports shall be submitted to the State AZAFIS System
Administrator no later than the fifteenth (15 th) of the month following the end of each
quarter.
3. All terminal agencies having direct access to the Arizona Automated Fingerprint
Identification System agree, as a condition of participation, to permit an inspection
team from the AZAFIS Advisory Board and/or a team from DPS to conduct necessary
site security compliance inspections to insure that required physical, personnel,
computer, and communications safeguards are functioning properly.
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ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
4. All books, accounts, reports, files and other records relating to this Agreement shall be
subject at all reasonable times to inspection and audit by the State for five (5) years
after completion of this Agreement.
E. Standards for Response Time. Agencies interfaced with the DPS AZAFIS host computers
agree to comply with set standards for response time, records entry, and system availability as
specified in the AZAFIS Policies and Procedures Manual.
1. AZAFIS FAST Sites shall insure that all work processed on behalf of client sites is
given the same priority as it own AZAFIS work.
F. Staffing. DPS will provide funding to each AZAFIS FAST Site each year in an amount that
is equivalent to the salary and associated employee related expenditures (ERE) of one (1)
mid-range DPS Fingerprint Technician.
1. This reimbursement will be reviewed from time to time in conjunction with AZAFIS
FAST Site quarterly workload reports by the AZAFIS Advisory Board. Following its
review, the AZAFIS Advisory Board will provide recommendations to the State
AZAFIS System Manager concerning the level of FAST Site reimbursements. Any
changes to the reimbursement level will be incorporated as attachments to this
Agreement.
G. Sanctions.
1. Cancellation. Either DPS or USER AGENCY may cancel this Agreement upon
ninety (90) days notice to the other party in writing. "All parties are herby put on
notice that this Agreement is subject to cancellation by the Governor for conflicts of
interest, pursuant to ARS §38-511, the contents of which are hereby incorporated by
reference."
2. Suspension of Service. In addition to the penalties provided by law, DPS reserves the
right to immediately suspend furnishing information covered by the terms of this
Agreement to USER AGENCY when any terms of this Agreement are violated or
reasonably appear to be violated. DPS shall resume furnishing such information upon
receipt of satisfactory assurance that such violations did not occur or that such
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ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
violations have been fully corrected or eliminated. In the event that USER AGENCY
challenges the ruling of DPS regarding violation(s) or audit results, the AZAFIS
Advisory Board shall adjudicate the matter.
3. Indemnification. To the extent permitted by law, USER AGENCY hereby agrees to
indemnify and save harmless DPS, its Director and employees, and the FBI, its
Director and employees, from and against any and all claims, demands, suits, and
proceedings by others and against all liability to others of the use or misuse by the
USER AGENCY of any information provided to USER AGENCY pursuant to this
Agreement.
4. Arbitration. This Agreement is subject to arbitration, but only to the extent required
by ARS §12-1518.
H. Non-Discrimination. USER AGENCY hereby agrees that USER AGENCY will comply with
the non-discrimination requirements of Executive Order 99-4 (attached), or as subsequently
updated.
Executory Clause. It is understood by and between the parties hereto that DPS is obligated to
provide services described in Section A above to USER AGENCY only to the extent that
public funds are made available to DPS for that purpose. DPS shall incur no liability on
account thereof beyond the money made available for such purpose.
J. Construction. This Agreement shall be liberally construed to apply to both manual and
automated information systems for criminal justice purposes wherever and whenever possible.
K. Dissemination.
1. As to all dissemination of Federal Criminal History Record Information, the terms of
such contract shall be superseded by applicable Federal Regulations governing the
release of such information.
2. As to all dissemination of Arizona Criminal History Record Information and other
criminal justice information, the terms of such contract shall be governed by
ARS §41-1750.
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ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
3. USER AGENCY hereby agrees that DPS may use or disseminate information
concerning USER AGENCY transactions on the AZAFIS and ACJIS networks to
provide assistance with active criminal investigations or criminal intelligence
investigations when such assistance is specifically requested by the investigating
agency.
4. USER AGENCY hereby agrees that DPS may generate, use, or disseminate statistical
reports based upon data contributed or transactions conducted by USER AGENCY on
the Arizona Automated Fingerprint Identification System and/or the AZAFIS
network.
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ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
DPS and USER AGENCY hereby agree to exchange AZAFIS identification information and
AZAFIS-quality fingerprint images and palm print images as available in the State of Arizona Central
State Fingerprint Repository and/or via the AZAFIS network, subject to the following terms and
conditions:
TERMS AND CONDITIONS
A. Information: In accordance with federal and state regulations, DPS agrees to provide USER
AGENCY access to the Arizona Automated Fingerprint Identification System to the extent
allowed by the AZAFIS procedures and policies approved by the AZAFIS Advisory Board
and the AZAFIS System Manager.
B. Rules: The exchange of all identification information, fingerprint images, and palm print
images covered by the terms of this Agreement shall be in strict compliance with all federal
and state laws; with all rules, procedures, and policies adopted by the AZAFIS Advisory
Board and the AZAFIS System Manager. USER AGENCY has the burden of giving notice of
the requirements of all rules, procedures, and policies to its employees and the other agencies
or individuals to whom USER AGENCY might disseminate information derived pursuant to
this Agreement.
C. Privacy and Security.
1. Purpose. USER AGENCY hereby agrees that the use of information received under
the terms of this Agreement is to establish the identity of individuals using the science
of fingerprint and palm print identification methodology, electronic mug photo
technology, and AZAFIS technology.
2. AZAFIS Site Administrator. USER AGENCY shall appoint an AZAFIS Site
Administrator who shall serve as the USER AGENCY's representative on the
AZAFIS Operational Procedures Committee, and who shall be the primary contact
person within the USER AGENCY regarding AZAFIS matters. USER AGENCY
shall allow its designated AZAFIS Site Administrator sufficient time to perform all
necessary duties related to AZAFIS responsibilities. The designated AZAFIS Site
Administrator shall be responsible for ensuring compliance with Section B above, and
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ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
L. This Agreement shall be construed in accordance with the laws of the State of Arizona.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
the proper officers and officials.
ARIZONA DEPARTMENT OF PUBLIC SAFETY
BY: DATE:
TITLE: , Arizona Department of Public Safety
BY: DATE:
Legal-Review
I
( e.
(Printe ame)
USER AGENCY:
BY: DATE:
Joseph M. Arpaio
(Printed Name)
TITLE: Sheriff, Maricopa County
BY: DATE:
(Please See Attached)
USER Agency Legal Review
(Printed Name)
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Maricopa County Board of Spervisors
UN 1 8 2008
ACTING ChairmaA L\ f the Board -) Date
ATTEST:
JUN 1 8 2008
ClerIVOT the Board Date
D AS TO FORM
(//' 77'/a
Deputy Coupy Atto .ey()

ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZATIS)
USER AGREEMENT
Arizona A.dministralive Register
Governor's Executive Orders/Proclamations
• EXECUTIVE ORDERS, PROCLAMATIONS OF
GENERAL A1'PLICAI3ILITY, .AND STATEMENTS
ISSUED BY TliE GOVERNOR
PURSUANT TO A.R.S. § 4I-1013(B)(3)
The Administrative Procedure Act (API,.) requires the full-text publication of' all Executive Orders and Proclamations of Gen-
eral Applicability issued by the Governor. In addition, the Register shall include each statement tiled by the Governor in inant-
lug a commutation, pardon or teptieve, or stay or suspension of execution where a sentence of death is imposed.
EXECUTIVE ORDER 99-4 requirements of Title 41, chapter 9, article 4, Arizona
Amending 75-5 • Revised Statutes
Executive Order No. 75-5 prohibits all government
PROHIBITION OP DISCRIMINATION IN STATE contractors and subcontractors for discriminating
CONTRACTS NONDISCRIMINATION IN against any employee or applicant for employment
because of race, age, color, religion, sox or national
EMPLOYMENT BY GOVERNMENT origin. Executive Order No. 75-5 further requires all
CONTRACTORS AND SUBCONTRACTORS government contractors and subcontractors to take
affirmative action to insure that applicants are
I, Jane Dee Hull, under and by virtue of the authority vested employed and employees are treated during
in me as Governor of the State of Arizona by the employment without regard to their race, age, color,
Constitution and Statutes of the State of Arizona do order religion, sex or national origin.
and direct Arizona's Civil Rights Act, Title 41, chapter 9, article
PART I - Non-discrimination in employment by 4, does not apply to religious organizations with
government contractors and subcontractors, resPect to the employment of individuals of a particular
All government contracting agencies shall include religion to perform work connected with the activities
in every government contract hereinafter entered into the of the employer. It also provides that religious
following provisions: organizations may provide employment preferences
based upon religion when dealing with a bona fide
During the performance of this contract, the occupational qualification reasonable necessary to the
contactor agrees as follows: operation of the religious organi7ation. This is
A. The Contractor will not discriminate againct consistent with the provisions of the Civil Rights Act
any employee or applicant for employment of 1964(42 U.S.C. 2000e, at seq.). In addition, in the
because of race, age, color, religion, sex or Personal Responsibility and Work Opportunity
national origin. The contractor will take Reconciliation Act, FL. 104-193, Congress provided
affirmative action to insure that applicants are that religious organizations are eligible for the receipt
employed and that employees are treated during of federal funds on the same basis as other private
employment without regard to their race, age, organizations.
color, religion, sex or national origin. Such action B. The contractor will in all solicitations or
shall include but not be limited to the following; advertisement for employees placed by or on behalf of
employment, upgrading, demotion or transfer, the contractor state that all qualified applicants will
recruitment or recruitment advertising, lay-off or receive consideration for employment without regard
termination, rates of pay or other forms of of race, age, color, religion, sex or national origin.
compensation, and selection for training, including
apprenticeship, The contractor agrees to post in C. The contractor will send to each labor union or
conspicuous places available to employees and representative of workers with which he has a
applicants for employment notices to be provided collective bargaining agreement or other contract or
by the contracting officer setting forth the understanding a notice to be provided by the agency
provisions of this non-discrimination clause. contracting officer advising the labor union or
workers' representative of the contractor's
A continued Executive Order No. 75-5 is hereby conunitments under the Executive Order and shall post
amended to permit government contractors and copies of the notice in conspicuous places available to
subcontractors that are religious organizations to employees and applicants for employment.
when provide dealing employment with aborts preferences fide occupational based upon religion D. The contractor will furnish all information and
qualification reasonably accessary to the operation of reports required by the contracting agency and will
the religious organization, in accordance with the permit access to his books, records, and accounts by
Volume 5, Issue #13 Page 886 March 26, 1999
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ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
ArizonaAdmittistrative Register
Governor's Executive Orders/Proclamations
the contracting agency and the Civil Rights Division Rights Divisiou may prescribe; provided that, to the
for purposes of investigation to ascertain compliance extent such information is within the exclusive
with such rules, regulations and orders. possession of a labor union or an agency referring
E In the event of the contractor's noncompliance workers training and or providing such labor or union supervising or agency apprenticeship shall refuse or to
with the non-discrimination clauses of the contract or furnish such information to the contractor, the
with any such rules, regulations or orders of the contractor shall so certify the contracting agency as
Arizona Civil Rights Division said noncompliance will part of its compliance report and shall set forth what
be considered a material broach of the contract and this efforts he has made to obtain such information,
contract may be cancelled, terminated or suspended in
whole or in pan, and the contractor may be declared The contracting agency or the Civil Rights
ineligible for future government contracts until said Division shall require that the bidder or prospector
contractorhas been found to be in compliance with the contractor or subcontractor shall submit as part of his
provisions of this order and the rules and regulations of compliance report a statement in writing signed by an
the Arizona Civil Rights Division, and such sanctions authorized officer or agent on behalf of any labor union
may be imposed and remedies invoked as provided in or any agency referring workers or providing or
Part II of this order, and the rules and regulations of the supervising apprenticeship or other training with which
Arizona Civil Rights Division. the bidder or prospective contractor deals with
Po The contractor will include the provisions of supporting information to the effect that the signer's
paragraphs A through E in every subcontractor practices and policies do not discriminate on the
purchase order so that such provisions will be binding grounds °free% color, religion, sex or national origin,
upon each subcontractor or vendor. The contractor will and that the signer either will affirmatively cooperate
take such action with respect in the subcontract or in the implementation of the policy and provisions of
purchase order as the contracting agency may direct as this order or that it consents and agreasthat recruitment
a means of enforcing such provisions, including employment and the terms and conditions of
sanctions for noncompliance; provided, however, that employment underthe proposed contract shall be in
in the event the contractor becomes involved in or is accordance with the purpose and ptovisimis of this
threatened with litigation with a subcontractor or order. In the event that the union or the agency shall
vender as a result of such direction by the contracting refuse to execute such a statement, the compliance
agency, the contmctormay request the State ofArizona shall so certify and set forth what efforts have been
to enter into such litigation to protect the interest of the made to secure such a statement and such additional
State of Arizona. • factual material as the contracting agency or the Civil
Rights Division may require.
G., Each connector having a contract containing the PART II - Enforcement
provisions prescribes in the section shall file and shall
cause each of his subcontractors to file compliance A. Each contacting agency shall be primarily
reports with the contracting agency or the Civil Rights responsible for obtaining compliance with this Executive
Division, as may be directed. Compliance reports shall Order with respect to contracts entered into by such agency
be filed within such times and shall contain such or its contractors,. All contracting agencies shall comply
information as the practices, policies, programs and with the rules of the Civil Rights Division in discharging
employment policies, programs and employment their primary responsibility for seeming compliance with
statistics of the contractor and each subcontract and the provisions of contracts and otherwise with the terms of
shall be in form as the Arizona Civil Rights Division this order and the rule,s and regulations and orders of the
may preseribe. Civil Rights Division issued pursuant to this order They
H. Bidders or prospective contractors or are directed to cooperate with the Civil Rights Division and
subcontractors shall be required to state whether they to finnish the Division such information and assistance as it
have participated in any previous contract subject to may require in the performance and assistance as it may
the provisions of this order or any preceding similar require in the performance of the Division's functions
Executive Order and in the event to submit on behalf of under this order, They are further directed to appoint or
themselves and the proposed subcontractors designate from among the agency personnel compliance
compliance reports prior to, or as an initial part of officers. It shall be the duty of such officers to that seek
negotiation of a contract compliance with the objective of this order by conference,
conciliation, mediation or persuasion.
L Whenever the contractor or subcontractor has a E The Civil Rights Division may investigate the
collective bargaining agreement or other contract or employment practices of any government contractor or
understanding with a labor union or an agency subcontractor of initiate such investigation by the
referring workers or providing or supervising appropriate contracting agency or determine whether or not
apprenticeship compliance report or training shall include for such such workers, information the from • the contractual provisions specified in this order have been
such labor unions or agency practices and policies violated. Such investigations shall be conducted in
affecting compliance as the contracting agency or Civil accordance with the procedures establishment by the Civil
March 26, 1999 Page 887 Volume 5, Issue #13
1:1AzAFISIAZAFIS USER AGREEMENT FORMSIAF1S MAsTER AaREEmENT FoRmIAZAFIS USER AGREEMENT MASTER042607.Doc ISSUE: 04/26/07
Approved as to form by: Assistant Attorney General Lisa Maxie-Mullins, April 26, 2007 State Legal:
- 1 0 -

ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
Arizona Administrative Register
Governor's Executive OrclersfProciamations
Rights Division and the investigating agencies shall report part, terminated, or suspended absolutely, or continuation
to the Civil Rights Division any action taken or of contracts may be conditioned upon a program for future
recommended. The Civil Rights Division may receive and compliance approved by the contracting agency or the Civil
investigate or cause to be investigated complaints by Rights Division; provided that any contracting agency shall
employees or prospective employees of a government refrain from entering into further contracts, extensions or
contractor or subcontractor which allege discrimination other modifications of existing contracts with any
contrary to the contractual provisions sgecified in Part 1 of noncomplying contractor until such contractor has
this order. If the investigation is conducted for the Civil established and will catty out personnel and employment
Rights Division by a contracting agency that agency shall policies In compliance with the provisions of this order.
report to the Civil Rights Division what action has been 2. Under rules and regulations prescribed by
taken or its recommended with regard to such complaint ' the Civil Rights Division, each contracting agency shall
C. The Civil Rights Division shall use its best efforts make reasonable efforts within a reasonable time limitation
directly and through contracting agencies, other interested to secure compliance with the contract provisions of this
state and local agencies, contractors and all other available order by methods of conference, conciliation, mediation
instrumentalities to cause any labor union engaged in work and persuasion before proceedings shall be instituted under
under government connects or any agency referring this order or before a contract shall be cancelled or
workers or providing or supervising apprenticeship or terminated in whole or in part under this order for failure of
training for or in the course of such work or cooperate in the a contractor or subcontractor to comply with the contract
implementation of the purposes of this order. provisions of this order,.
D. The Civil Rights Division or any agency, officer G. This Executive Order shall become effective
or employee in the executive branch of the government within (60) days of its issuance
designated by rule, regulation or order of the Civil Rights IN WITNESS WHEREOF, I
Division may hold such hearings, public or private as the have hereunto set my hand and
Division may deem advisable for compliance, enforcement caused to be affixed the Great Seal
of educational purposes. The Civil Rights Division may of the State of Arizona,
hold or cause to be held hearings in accordance with rules
and regulations issued by the Civil Rights Division prior to Jane Dee Hull
Imposing, ordering or recommending the imposition of
penalties and sanctions under this order. Governor
E. No order for debarment of any contractor form DONE at the Capitol in Phoenix
farther government contracts under this order shall be made on this Twenty-Ninth day of
without affording the contractor an opportunity for a January in the Year of Our Lord
hearing. One Thousand Nine Hundred and
F. Sanctions and Penalties. In accordance with such Ninety E4. 1. * and of the
rules, regulations or orders as the CIVil Rights Division may Indepen rirTe e of the United States
issue or adopt, the Civil Rights Division or the appropriate of America the Two Hundred and
contracting agency may publish or cause to be published Twenty Second,
the names of contractors or unions which it has concluded
have complied or have failed to comply with the provisions ATTEST;
of this order and with the rules, regulations and orders of Betsey Bayless
the Civil Rights Division. Secretary of State
1. Contracts may be cancelled in whole or in
Volume 5, Issue #I3 Page 888 Mtwch 26, 1999
PlAzAFISIAZAFIS USER AGREEMENT FORMSIAFIS MASTER AGREEMENT FoRAilAZAFIS USER AGREEMENT MASTER_042607.Doc ISSUE: 04/26/07
Approved as to form by: Assistant Attorney General Lisa Maxie-Mullins, April 26, 2007 State Legal: