C-50-08-055-2-00 (AZAFIS).PDF

Maricopa County — Formal (2016-05-18)

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DPS CONTRACT NO, 200e- J'e>
ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
C -D55)
THIS AGREEMENT (Agreement) is made and entered into by 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 System (ACJIS), and the Arizona
Automated Fingerprint Identification System (AZAFIS), and functions as the ACJIS Control Terminal
Agency. Per authority of ARS §41-2204, the Director of the Arizona Department of Public Safety
serves as the System Manager of ACJIS 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 System Terminal
(FAST) Site by the AZAFIS Advisory Board and agrees (in addition to being
responsible for entering 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 agencies within the county
in which the FAST Site is located (except AZAFIS Remote Terminal [RT] Site
agencies or any other agency that opts to obtain AZAFIS services directly 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).
I. There shall be no charge to law enforcement agencies for AZAFIS services
provided by the AZAFIS Fast Site.
2. Each AZAFIS FAST Site shall execute an Intergovernmental Agreement
(IGA) with any law enforcement agency for which it provides AZAFIS
services. Each IGA shall be approved by the State AZAFIS System
Administrator prior to the effective date of the agreement.
OR
1E1 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
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
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.
1:14zAFISIAZAFIS USER AGREEMENT FORMSUIFIS MAsrER AGREEmENT FoRMAZAFIS USER AGREEMENT MASTER_042607.Doc ISSUE: 04/26/07
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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: (..% /c.,
I,
-C)
TITLE: , Arizona Department of Public Safety
BY: DATE: 71-10/0
Legal-Review
tkir y
y4c._
0IJ\—
(Printe Name)
USER AGENCY:
C
BY: DATE:
Joseph M. Arpaio
(Printed Name)
TITLE: Sheriff, Maricopa County
BY: DATE:
(Please See Attached)
USER Agency Legal Review
(Printed Name)
1:1AzAFISIAZAFIS USER AGREEMENT FORMSIAFIS MASTER AGREEMENT FoRmIAZAFIS USER AGREEMENT MASTER_042607.Doc ISSUE: 04/26/07
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Maricopa County Board of Speryisors
A6.6 % -(1a UN 18 2008
ACTING Chairma f the Board Date
ATTEST:
JUN 1 8 2008
ROVED AS TO FORM
Deputy Comyfy Attothey

ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
Arizona Administrative Register
Governor's Executive Orders/Proclamations
EXECUTIVE ORDERS, PROCLAMATIONS OF
GENERAL APPLICABILITY, AND STATEMENTS
ISSUED BY TM, GOVERNOR
PURSUANT TO AILS. § 4I-1013(B)(3)
The Administrative Procedure Act (APA) 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 filed by the Governor in grant-
ing a commutation, pardon orreprieve, 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
PROIIIBMON OF DISCRIMINATION IN STATE contractors and subcontractors for discriminating
CONTRACTS NONDISCRIMINA.TION IN against any employee or applicant for employment
because of race, age, color, religion, sex 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, Tone 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 1 - 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
contractor agrees as follows: operation of the religious organintion. This is
A. The Contractor will not discriminate against consistent with the provisions of the Civil Rights Act
any employee or applicant for employment of 1964(42 U.S.C. 2000e, et 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, P 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, apprenticeship. and The selection contractor for agrees training, to post including 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 commitments 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 a bona preferences fide occupational based upon religion D. The contractor will furnish all information and
qualification reasonably necessary to the operation of reports required by the contracting agency anti 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
ArizonaAdministrative Register
Governor's Executive Orders/Proclamations
the contracting agency and the Civil Rights Division Rights Division 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 breach of the contrlact and this efforts he has made to obtain such information.
contract may be cancelled, terminated or suspended in
whole or in part, and the contractor may be declared J.. The contracting agency or the Civil Rights
ineligible for future government contracts until said Division shall require that the bidder or prospector
contractor has 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
F.. The contractor will include the provisions of supporting information to the effect that the signer's
practices and policies do not discriminate on the
paragraphs A through E in every subcontractor grounds of race, color, religion, sex or national origin,
purchase order so that such provisions will be binding and that the signer either will affirmatively cooperate
upon each subcontractor or vendor.. The contractor will in the implementation of the policy and provisions of
take such action with respect in the subcontract or this order or that it consents and agrees that recruitment
purchase order as the contracting agency may direct as employment and the terms and conditions of
a means of enforcing such provisions, including employment under the proposed contract shall be in
sanctions for noncompliance; provided, however, that accordance with the purpose and provisions of this
in the event the contractor becomes involved in or is order. In the event that the union or the agency shall
threatened with litigation with a subcontractor or refuse to execute such a statement, the compliance
vender as a result of such direction by the contracting shall so certify and set forth what efforts have been
agency, the contractor may request the State of Arizona made to secure such a statement and such additional
to enter into such litigation to protect the interest of the factual material as the contracting agency or the Civil
Smre of Arizona. Rights Division may require.
G„ Each contractor having a contract containing the PART II - Enforcement
provisions prescribes in the section shall file and shall
cause each of his subcontractors to tile compliance A. Each contracting 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 securing 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 rules and regulations and orders of the
may prescribe. 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 furnish 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 under this in order. the performance They are further of the directed Division's to appoint functions or
Executive Order and in the event to submit on behalf of designate from among the agency personnel compliance
themselves and the proposed subcontractors officers. It shall be the duty of such officers to first seek
compliance reports prior to, or as an initial part of compliance with the objective of this order by conference,
negotiation of a contract conciliation, mediation or persuasion.
L Whenever the contractor or subcontractor has a B„ 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 or training for such workers, the the contractual provisions specified in this order have been
compliance report shall include such information from violated. Such investigations shall be conducted in
such labor unions or agency practices and policies accordance with the procedures establishment by the Civil
affecting compliance as the contracting agency or Civil
March 26, 1999 Page 887 Volume 5, Issue 1113
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ARIZONA AUTOIVIATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
USER AGREEMENT
Arizona Administrative Register
Governor's Executive Orders/Proclamations
Rights Division and the investigating agencies shall report part, of contracts terminated, may or be suspended conditioned absolutely, upon a program or continuation for flume
to the Civil Rights Division Division any action may receive taken and or compliance approved by the contracting agency or the Civil
recommended investigate or The cause Civil to Rights 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 specified in Part I of noncomplying established and will contractor curry out until personnel such and contractor employment has
this order, If the investigation is agency conducted that for agency the Civil shall policies in compliance with the provisions of -this order.
Rights Division by a contracting
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 before of' conference, proceedings shall conciliation, be instituted mediation under
instrumentalities to cause any labor union engaged in work this and persuasion order or before a contract shall be cancelled or
workers under government or providing contracts or supervising or tray agency apprenticeship referring 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 ptuposes. 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
further 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 EghL. and of the
rules, regulations or orders as the Civil Rights Division may Indepen*e of America ilaTe the of Two the United Hundred States and
issue or adopt, the Civil Rights Division or the appropriate Twenty Second
contracting agency may publish or cause to be published
the names of contractors or unions which it has concluded AI k..,ST:
have complied or have failed to comply with the provisions
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 413 Page 888 Mara 26, 1999
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