AZAFIS PARADISE VALLEY.PDF

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ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
FAST Site
USER AGREEMENT
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 May 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.
5.3 Agrees to assume full responsibility for the lawful use of any released information obtained as a
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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 lndemnitee, 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
capacity or consultant to any other party of the Agreement with respect to the subject matter of the
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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 Sheriffs Office Paradise Valley Police Department
Chief of Administration Chief John Bennett
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, 59 1t..p Date
Town Clerk Clerk of the Board
APPROVED AS TO FORM APPROVED AS TO FORM
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Date Deputy County Attorney Date
Legal Counsel
PARADISE VALLEY POLICE DEPARTMENT
Chief John Bennett Date
Paradise Valley Police Department
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