ADOT 22 09 EDS Agreement City of Glendale Human Resources 2022-9-28 FINAL
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E1
lectronic Data Services
15-0731 R03/19
edsgovernment@azdot.gov
Douglas A. Ducey, Governor
John S. Halikowski, Director
Eric R. Jorgensen, Division Director
Government Agency Electronic Data Access Agreement
On this ___ day of ___________, ______, the undersigned __________________________________,
dba ____________________________________________ whose principal Business address is
______________________________ (the “Agency”), hereby enters into this Agreement with the Arizona
Department of Transportation, Motor Vehicle Division, (the “Department), to access specified and authorized
electronic data from the Department, pursuant to the terms and conditions set forth in this Agreement. This
Agreement is made in accordance with the Federal Driver’s Privacy Protection Act (DPPA), 18 U.S.C. §§
2721-2725 and A.R.S. Title 28, Chapter 2, Article 5, and pursuant to the permissible use(s) allowed in A.R.S.
§ 28-455, upon the terms, provisions, conditions, and limitations as set forth herein.
1.0 Recitals
1.1.
This Agreement provides authorization for Agency to access the Department’s specified motor vehicle
records and related information pursuant to the federal and state privacy protection statutes set forth above, and
in accordance with the permissible uses specified in A.R.S. § 28-455. By entering into this Agreement, Agency
hereby requests and receives authorization to access the Department’s Motor Vehicles Records Request System to
retrieve motor vehicle records information, to consist of the following specific electronic data:
1.1.1. 39-month Uncertified Driver License Motor Vehicle Records;
1.1.2. 5-year Certified Driver License Motor Vehicle Records;
1.1.3. Certified Title & Registration Motor Vehicle Records;
1.1.4. Uncertified Title & Registration Motor Vehicle Records;
1.1.5. 39-month Uncertified Driver License Batch file;
1.1.6. 5-year Certified Driver License Batch file;
1.1.7. Title & Registration Batch file;
1.1.8. Enhanced Photo Radar Batch file;
1.1.9. Driver License Hybrid Batch;
1.1.10. Title & Registration Hybrid Batch.
1.2.
The parties mutually agree that the Department, which is a government agency of the State of Arizona,
collects, maintains, stores and disseminates this electronic data as a statutory function, and that the Department
is authorized by A.R.S. §§ 28-455(E) & (J) to disclose this motor vehicle records information for sale and release as
is necessary for the public health and safety. The Department conducts this function in its capacity as a
government agency, and not in any proprietary capacity.
1.3.
The Agency acknowledges that this Agreement is limited to the electronic data and information identified
herein and excludes access to the Department’s Driver License information segments electronically, in writing or
verbally.
1.4.
This Agreement establishes protocols for the capability to transmit and/or receive electronic batch file
information at the sole discretion of the Department and upon execution of a Batch Specification.
City of Glendale Human Resources & Risk Management
GEN-22-0008864-M
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September
2022
City of Glendale Human Resources & Risk Management
City of Glendale Human Resources & Risk Management
5850 W. Glendale Avenue, Glendale, AZ 85301
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1.5.
The parties further mutually agree that the Agency shall provide the Department with written notice no
later than the effective date of any other agreement or contract that the Agency executes with any private or
commercial company, corporation, partnership or firm; or with any government agency (such as a county or
municipal government, or other political subdivision, or any law enforcement agency), under which the Agency
will receive directly from such private or commercial company, corporation, partnership or firm, or government
agency, or indirectly from any other source, separate or independent access to any motor vehicle records or other
data or information of the Department listed in paragraphs 1.0 through 1.1.10.
1.6.
At any time in which the Agency contemplates or intends to enter into a separate contractual agreement
with any other recipient (whether such recipient is governmental, commercial or private) of motor vehicle
records from the Department listed in paragraphs 1.0 through 1.1.10., wherein the Agency would perform
services for that recipient entity with respect to, or in connection with, the information contained in such
records, the parties mutually intend and the Agency hereby agrees that it shall first, promptly and timely,
disclose to the Department its intention to enter into such agreement, and the Agency shall furnish to the
Department a copy thereof.
2.0.
Definitions
2.1.
“Agreement” means this written Agreement between the Department and the Agency, once executed by
all parties, along with all mutually agreed written and executed amendments, extensions, and addenda.
2.2.
"Authorized User" means an identified individual employed by, contracted by, acting on behalf of, or
representing the Agency to perform the activities authorized under this Agreement.
2.3.
“AZ.gov”, referred to herein as "the Portal," means the single entry point of access to MVD's web-based
application authorized under this Agreement.
2.4.
"Agency" means the party which has contracted with the Department and has executed this Agreement,
including the federal government or any federal department or agency, Indian tribes, this state, any other state, all
departments, agencies, boards, courts, commissions and councils of this state or any other state, counties or
county governments, elected county sheriffs, assessors, recorders, prosecutors, treasurers, school districts, fire
districts, cities, towns, villages, all municipal corporations, all municipal, justice and tribal courts, all municipal
elected officials, and any other political subdivisions of this state or any other state.
2.5.
"Connectivity" means acquired and maintained transmission of data from an electronic source to and from
the Department's servers, applications, and/or interfaces for performing the activities authorized under this
Agreement.
2.6.
"Contractor" means any vendor or contracted entity authorized by the Agency to implement work
resulting from this Agreement.
2.7.
"Data Access” Security Level" means the level of access privileges granted to the Agency's authorized users
to retrieve the Department’s electronic data based upon the Agency's stated eligibility for such data, as outlined in
Section 27 of this Agreement.
2.8.
"Database" means the varied points of connection to MVD's servers and applications under this
Agreement, as well as all data and other electronically stored information therein.
2.9.
“Department" means the Arizona Department of Transportation (ADOT), including the Motor Vehicle
Division (MVD).
2.10.
`"Electronic signature" means an electronic sound, symbol or process attached to or logically associated
with a document and executed or adopted by a person with the intent to sign the document (A.R.S. §28-440).
2.11.
"Electronic transfer of information" means electronic communications, transfer or receipt of any abstract,
affidavit, application or application content or information, copy, form, order, report, record or other information
prescribed in Arizona Revised Statutes Title 28, Chapter 2, Article 5.
2.12.
"Encrypted" means the scrambling of computerized information during or for transmission in order to
secure data by using special algorithms for transmission or other purposes.
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2.13.
“Hybrid Batch Query” means a query initiated by the Agency through the Motor Vehicle Records Request
System for Driver Records in which the query is customized by the Agency to deviate from the Standard Driver
License Batch Query and for which the Portal Provider will charge an additional convenience fee, as provided in
Section 9.1.1.4.
2.14.
"Motor Vehicle Record Request System,” "MVRRS" or “Portal” means the internet system used by the
Portal provider to facilitate the Agency's electronic access to the Department’s record information through the
AZ.gov Web Site.
2.15.
“Multiple Records Location” means additional locations where sensitive data will be stored and secured
other than the established business address.
2.16.
"MVD" means the Arizona Department of Transportation, Motor Vehicle Division.
2.17.
"Personal Information" is statutorily defined in A.R.S. § 28-440 and means information that identifies an
individual, including but not limited to an individual's photograph, social security number, driver license number,
identification number, name, address (exclusive of postal zip code), telephone number and medical or disability
information.
2.18.
"Portal" means the Arizona Department of Administration’s statewide digital government web application
that functions as an interactive information and transaction system for Arizona State agencies to access
government information and services over the Internet.
2.19.
"Portal Provider" means the Arizona Department of Administration and its contractors engaged in
providing for the transmission of the Department’s record information to its authorized electronic data access
customers using their assigned digital government web application.
2.20.
“Programming Charge” means the charge assessed by the Department’s private contractor (and collected
by the Department) who performs the initial setup of the Agency’s MVRRS Portal access and batch queries and
reporting, as well as performing any changes to such access, query and reporting.
2.21.
"Secure location" means an area chosen by the Agency and/or its authorized users to access MVD's
electronic data pursuant to this Agreement. This location does not necessarily need to be a segregated or
separately enclosed area within the Agency's place of business. However, precautionary and protective measures
shall be taken at all times to ensure that the computers used to access MVD's electronic data, database, server,
application or interface are accessible only to Agency personnel with assigned user Identifications and passwords.
Additionally, all authorized users must shield electronic data from the view of the public and any unauthorized
individuals, and shall not provide their logon ID (RACF) to any person or entity not authorized by this Agreement.
2.22.
"Security violation" means the loss of control, compromise, unauthorized disclosure, unauthorized
acquisition, unauthorized access, or any similar term referring to situations where persons other than authorized
users, and for an other than authorized purpose, have or receive access or potential access to sensitive personal
information in usable form, whether physical or electronic. The term encompasses both suspected and confirmed
violations involving sensitive and private information that raise a reasonable risk of harm. This term also includes
an unauthorized act or circumstance against any system or data contained with any MVD database, server,
application or interface that deviates from the confidentiality, integrity, or availability of Department records
pursuant to the Department’s applicable policies, procedures, the Driver Privacy Protection Act (DPPA) and the
applicable Arizona Revised Statutes (A.R.S.).
2.23.
“Standard Driver License Batch Query “means multiple driver license data that are retrieved collectively
from the Department’s database as a result of a single request. A batch file does not include retrieving one record
at a time from a single request.
2.24.
“Standard Title & Registration Batch Query ““means multiple title and registration data retrieved
collectively from the Department’s database as a result of a single request. A batch file does not include retrieving
one record at a time from a single request.
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3.0.
Records Access Requirements
3.1.
Unless the Agency provides notice as required in sections 1.5 and 1.6, the Agency understands that its
exclusive access to the Department’s records is pursuant to this Agreement and may be through the Portal
Provider’s MVRRS or another portal authorized by the Department under this Agreement.
3.2.
All authorized users shall also create and secure a password in the Portal to retrieve electronic records
based on the Agency's approved data access security level under the terms of this Agreement
3.3.
Upon execution of this Agreement between the Agency and the Department, the Agency’s authorized
users will be required to provide and use their Agency email addresses that are personally identifiable to them as
their assigned user identifications (User IDs) in the authorized Portal. Agency agrees to observe and comply with
the Department’s strict prohibition against portal access through the use of shared or group emails, shared or
group RACF logon IDs, or the use of an email or Portal User ID assigned to another person, inside or outside of the
Agency and the certified user to whom that User ID has been assigned.
4.0.
Data Privacy
4.1.
The Agency hereby undertakes a duty to protect the personal and private information of all individuals
and entities accessed, obtained, stored or captured during the electronic transfer of information using its
connectivity to the Department’s Portal, databases, servers, applications or interfaces, and the Agency hereby
agrees to maintain the security of the Department’s data and data environment.
4.2.
The Agency shall not use its electronic connectivity to the Department’s Portals, databases, servers,
applications or interfaces for any purpose other than the permissible use(s) authorized under this written
Agreement.
4.3.
The Department’s release of data, metadata, and other electronic information to the Agency, and the
Agency’s access, disclosure, re-disclosure, dissemination and storage of that information shall be in compliance
with Title 28, Chapter 2, Article 5 of the Arizona Revised Statutes, and with the Federal DPPA.
4.4.
It is the responsibility of the Agency, and any authorized user acting on the Agency’s behalf, to be
knowledgeable of all applicable laws and Department policies and procedures governing access to and use of the
Department’s Portal servers, applications, interfaces, security requirements, records, data and metadata. Upon
submitting its application to the Department for Portal access, the Agency was provided with the above
referenced Department policies and procedures, as well as the applicable law.
4.5.
The Department is not an agent of the Agency or its contractors, subcontractors or employees, and the
Department bears no responsibility or liability for the decisions or interpretations made by the Agency or its
officers, agents, employees, contractors and representatives concerning the duties undertaken by the Agency in
this Agreement.
4.6.
The Agency, its contractors, subcontractors, agents and employees shall implement and maintain
reasonable data security procedures, including taking any appropriate corrective action where warranted;
and protecting and safeguarding all electronic data accessed under this Agreement from unlawful use or anyone
who knowingly obtains, uses or otherwise discloses personal information from an MVD record for a use not
permitted under A.R.S. § 28-455 and 18 U.S.C. § 2721, and anyone requesting the disclosure of personal
information who misrepresents their identity or makes a false statement in connection thereto, with the
intent to obtain such information in a manner or for a purpose not authorized by law, is subject to civil and/
or criminal penalties. A violation of the DPPA or any other applicable federal or state law will cause the
immediate termination of this Agreement.
4.7.
If the Agency seeks access to a record or information contained therein from MVD for a reason other than
that specifically authorized by this Agreement, the Agency must submit a completed hard copy of the Motor
Vehicle Record Request form #46-4416 to the appropriate work unit under the Department.
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5.0.
Security
5.1.
The Agency shall provide access to the Department’s databases, servers, applications, interfaces, file
formats and connection protocols only to Agency personnel or contractors whose applications to become
authorized users have been approved by the Department and have been assigned a unique RACF logon ID. Logon
IDs shall never be used by any person other than the user to whom they were assigned by the Department.
5.2.
If at any time the Department believes that an authorized user is utilizing such access in an unauthorized
or unlawful manner, the Department reserves the right to immediately suspend or revoke that user’s electronic
access and/or to terminate the Agency’s authorization under this Agreement when circumstances warrant.
5.3.
The Agency shall comply with all Department policies, procedures and directives regarding security and
electronic access made available to the Agency by the Department during the course of this Agreement, including
any future amendments and/or addenda thereto. All Agency officials, managers, employees, contractors and/or
subcontractors authorized by the Agency to perform any activities authorized by this Agreement must abide by
the same security and access requirements as the Agency. Agency shall be responsible for monitoring such
compliance as to all such persons.
5.4.
Immediately upon request by the Department, the Agency must disclose in writing any existing or new
strategic alliances, partnerships, clients, contracting or subcontracting arrangements that the Agency has which
involve the processing, distribution and/or use of the Department’s electronic data acquired pursuant to this
Agreement.
5.5.
The Agency, its officials, agents, employees, contractors, subcontractors and representatives shall not
disclose, distribute or utilize personal information in any manner not expressly authorized under applicable laws.
5.6.
The Agency shall maintain in a secure manner all hard copy and electronic information accessed through
this Agreement. The Agency is required and agrees to encrypt the Department’s electronic data prior to, during,
and after the electronic transfer of information over external or public computer networks, such as the Internet
and the decryption of the Department’s electronic data will occur only in a secure environment.
5.7.
The Agency shall ensure that all computers and devices permanently or intermittently connected to the
Agency’s internal network or server must employ a pre-approved rule and/or privilege-based access control
system to uniquely identify and authenticate each authorized user. The Agency further agrees that, in its sole
judgment, the Department shall at any time review the access control system employed by the Agency to ensure
that its implementation will serve in a manner that adequately protects the Department’s electronic data from
unauthorized access, disclosure, re-disclosure and dissemination.
5.8.
The Agency must immediately and electronically report directly to the Electronic Data Services unit of the
Department all security and privacy breaches or other incidents where identity was not properly authenticated.
These and all incidents requiring possible corrective action shall similarly, and immediately, be reported by
the Agency following the Agency’s discovery of the potential or real security or privacy incident, at
edsgovernment@azdot.gov.
6.0.
Equipment/Software/Hardware
6.1.
The computer equipment, software and hardware used by the Agency shall be compatible with the
Department’s databases, servers, applications, interfaces, file formats and connection protocols and must remain
compatible.
7.0.
Agency Personnel
7.1.
The Agency shall notify the Department within 72 hours of any changes to its list of authorized users or
their security levels, including but not limited to: all changes to staffing resulting from work reassignments, new-
hires, resignations or terminations, all other separations from work, job transfers, or any other change in user
status or job assignment.
7.2.
The Agency shall also respond immediately to all Department inquiries concerning its list of authorized
users.
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8.0.
Location of Activities
8.1.
The building(s) and the area(s) within the building(s) designated by the Agency and/or its authorized users
under this Agreement to access the Department’s electronic records must be a secure location, as defined in
Section 2.20. Additionally, the Agency’s authorized users must shield the Department’s data from the view of the
public and any unauthorized users or other unauthorized persons or entities.
9.0.
Cost Recovery Charges
9.1. The Agency shall timely pay to the Department the Programming Charge referenced in section 2.20. The
Agency’s payment shall be received by the Department within 15 calendar days of invoicing in order to be
considered timely.
10.0.
Invoicing
10.1.
The Department will generate the Agency’s invoice for the cost recovery charges referenced in section 9.1.
and will transmit the invoice to the business contact designated by the Agency on its application or in
subsequent written correspondence received by the Department.
11.0.
Payment Terms
11.1.
The Agency shall make timely payment of all invoices transmitted by the Department, and all such
payments under this Agreement, shall be made by check drawn on the Agency’s U.S. bank account.
12.0.
Default
12.1.
Any of the following events shall constitute a material “event of default” by the Agency:
12.1.1. Failure of the Agency to timely pay the Department the Programming Charge referenced in
section 9.1. within thirty (30) calendar days of the date the Programming Charge is invoiced to the Agency.
In addition, the Department will not permit the Agency or its employees or contractors to access any
information covered by this Agreement until full payment of the Programming Charge is made.
12.1.2. Default or failure in the payment or performance of any other responsibility, liability, obligation,
covenant or material representation of Agency to Department contained in this Agreement, and the
continuance of such default for ten (10) calendar days after written notice to Agency, including but not
limited to the following:
12.1.2.1. Breach of any of the certifications, representations or business operating
requirements made by, imposed on or undertaken by Agency herein, including but not limited to:
12.1.2.2. incomplete, false or deceptive information included on the application submitted by
the Agency to the Department to obtain this Agreement;
12.1.2.3. failure to establish or maintain a secure physical and software data environment for
the handling of the records and data accessed under this Agreement;
12.1.2.4. failure of Agency management or employees to assure that all data access requests
made under this Agreement are made through an individualized email account for each Agency
user, rather than an Agency “group” or shared email address or “group” or shared logon ID;
12.1.2.5. failure to timely make any disclosures to the Department required under this
Agreement;
12.1.2.6. failure of the Agency to restrict its use of the Department’s Motor Vehicle Records to
the permissible use(s) allowed in A.R.S. § 28-455, or
12.1.2.7. other failure of the Agency to comply with the DPPA.
12.1.3. The parties mutually agree that, upon the occurrence of any or all of the material “events of
default” provided in this Agreement, the Department may, at its sole election, declare the Agency to be in
default under this Agreement, by providing the Agency with a written notice or declaration of default,
addressed to the designated Business Contact for the Agency.
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12.1.4. It shall not be necessary for the Department to resort to legal or judicial process to seek a court
order declaring the Agency’s default.
13.0.
Remedies after Default
13.1.
Upon a material “event of default” of the Agency, the Department shall have the right to exercise any one
or more of the following remedies, individually or cumulatively:
13.1.1. To declare the entire amount of unpaid Programming Charges and other obligations, if any,
hereunder immediately due and payable, without written notice or further written demand to the Agency
or its Registered Agent.
13.1.2. To sue for and recover all unpaid Programming Charges referenced in Section 9.1., along with
interest thereon at the legal rate and reasonable attorney fees, and all other payments and damages then
accrued or thereafter accruing.
13.1.3. To suspend, terminate, revoke, inactivate or declare delinquent the Agency’s MVRRS access, or
the access of any of the Agency’s officials, employees or contractors, which action(s) shall not deprive
Department of the right to receive all unpaid Programming Charges due and owing or to accelerate the
payment thereof.
13.1.4. To immediately terminate this Agreement and to be free of any further obligations under this
Agreement;
13.1.5. To pursue any remedy, or cumulative remedies, at law or in equity.
14.0.
Duration / Term
14.1.
This Agreement shall commence upon approval by the Motor Vehicle Division Director and execution by
both Parties, and shall thereafter continue in effect for a term of 12 months, unless previously revoked or
terminated as provided herein.
14.2.
There shall be no automatic renewals of this Agreement. Upon expiration of this 12-month initial
Agreement period, the parties may mutually agree to extend the Agreement term for up to an additional twelve
(12) months by entering into a new written Agreement or a “Joint Letter of Renewal.” This Agreement may be
renewed only upon the mutual, written Agreement of the Parties. In advance of renewal, the Department may
propose a similar or new form of Agreement to the Agency which includes all necessary terms and conditions,
including the form(s) of payment that are deemed acceptable at that time or will be deemed acceptable at a
future time.
15.0.
Termination Provisions
15.1.
Either Party may terminate this Agreement for cause or convenience upon thirty (30) calendar days prior
written notice to the other Party as provided in Section 16.0. The Department reserves the right to terminate this
Agreement at any time, without prior notice, if it determines that the public interest or safety so requires, and the
exercise of such right shall be without penalty and without recourse against the Department by the Agency or any
of its contractors or customers. This Agreement is also subject to termination by the Governor of Arizona pursuant
to A.R.S. §38-511.
15.2.
Except as otherwise directed by the Department, upon receipt of a notice of termination and to the extent
specified in such notice, the Agency shall:
15.2.1. Immediately cease all activities previously authorized under this Agreement, including but not
limited to submitting, requesting, accessing, receiving or retrieving any Department records and data
covered by this Agreement.
15.2.2. Submit no further requests or queries for any of the Department’s motor vehicle records or other
information under this Agreement;
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15.2.3. Ensure that its continued use of any records or motor vehicle information obtained prior to the
effective date of termination is restricted solely to the use(s) authorized by this Agreement and by
applicable law.
15.3.
In case of a violation by the Agency or an authorized user of a law or regulation that is substantially
related to this Agreement, the Department may, at its election, immediately terminate the Agreement.
16.0.
Contact Persons
16.1.
The Agency shall designate, in writing, on a form prescribed by the Department, a minimum of two
Business Contact persons, one of whom must be an officer or manager of the Agency, who shall possess, at a
minimum, the authority to communicate and respond on behalf of and to answer for the Agency with respect to
this Agreement.
16.1.1. The designated Business Contact persons shall approve, by their signature, all of the Agency’s
applications for individual user access under this Agreement.
16.1.2. The designated Business Contact persons shall monitor the use of individual email addresses for
each authorized user within the Agency.
16.1.3. The designated Business Contact persons shall maintain responsibility for retaining and securing
the records required under this Agreement, including but not limited to the Motor Vehicle Record Access
Log, the Multiple Records Location, and all other Agency records documenting problem resolution and
notification of procedural changes.
16.2.
The Agency shall assign a qualified information technology (IT) person who possesses, at minimum, the
knowledge and authority to communicate and respond on behalf of and to answer for the Agency with respect to
this Agreement, as provided in this section. The Agency’s designated IT person shall communicate and cooperate
with the Department’s designated IT team(s) and to accept responsibility for technical resolution and
troubleshooting of the following concerns:
16.2.1. connectivity methods and problems, including equipment problems;
16.2.2. abends on batch files;
16.2.3. erroneous and duplicate files;
16.2.4. file retrieval that does not match the requested batch;
16.2.5. requested credits for ‘No Record Found’ queries and duplicate or erroneous batches;
16.2.6. file format problems;
16.2.7. conforming any Agency changes of Internet Protocol (IP) and servers to the Department’s
requirements; and
16.2.8. maintaining compliance with the Department’s required standard technical operating procedures
affecting the receipt and delivery of the Department’s file formats.
16.3.
In connection with the above requirements, the Agency shall provide the Department with a written
statement of the Business Contact(s) and Information Technology Contact(s) identities, job titles and contact
information, as well as a brief written statement confirming the authority of that/those person(s) to perform all of
the duties required under this Agreement. The Department will provide the Agency with a form for the Scope of
Authority Letter.
16.4.
The Agency shall notify the Department in writing within two business days of any change in its designated
Business Contact(s) or Information Technology Contact(s) and/or their scope of authority.
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17.0.
Notification Provisions
17.1.
All required notices or notifications to the Department may be delivered by email, by fax, or by U.S. mail,
postage prepaid, and addressed as follows:
Motor Vehicle Division
Division Operation Support Services
Electronic Data Services
P.O. Box 2100, Mail Drop 502M
Phoenix, AZ 85001
Phone: 602-712-7235
Fax: 602-712-3145
Email: edsgovernment@azdot.gov
18.0.
Audit/Inspection
18.1.
The Agency understands and agrees that all records required under this Agreement shall be subject to
audit and inspection by authorized representatives of the Department or by any law enforcement agency at all
times during the term of this Agreement, and for a period of five (5) years thereafter.
18.2.
If the Department determines that an on-site audit or inspection of the Agency is necessary, the
Department may require the Agency to pay for the auditors’ travel expenses and per diem in an amount
equal to the Arizona Department of Administration (ADOA) reimbursement rates for travel and per diem as
authorized by A.R.S. Title 38, Chapter 4, Article 2 and Sections II-D of the Arizona Accounting Manual prepared by
ADOA.
18.3.
At the Department’s sole discretion, the Agency shall be required to retain a pre-approved
independent professional organization to audit or assess the adequacy of the Agency’s information
technology security procedures, including the methods and practices employed in the processing and use of
the Department’s data.
18.4.
Upon such assessment, a written report of the results of each audit or assessment shall be provided to
the Department within thirty (30) calendar days of its completion. The Agency shall have an audit or
assessment performed based on a frequency specified by Department and shall not, without the express written
approval of the Department, discontinue or modify this schedule. The Agency shall also pay any and all costs
associated with such audits or assessments.
18.5.
If any deficiencies are identified as a result of an audit report or assessment under this section, the
Agency agrees that it will promptly take any and all corrective measures necessary to resolve such
deficiencies. Within thirty (30) calendar days of the issuance of the audit report or assessment, the Agency
shall also provide the Department with a written corrective action plan which, in the Department’s sole
judgment, adequately describes the steps the Agency has taken (or will take) in order to fully resolve each and
every deficiency identified in an audit.
18.6.
The Department reserves the right to immediately revoke the Agency’s system and data access
privileges and terminate this Agreement in its entirety if the Agency fails to allow or fully cooperate in an audit.
19.0.
Compliance
19.1.
The Agency shall comply with all of the requirements, terms and conditions set forth in this Agreement,
together with all applicable federal and state statutes and regulations. The Agency shall also comply with all
relevant Department policies, procedures and directives made available to the Agency by the Department during
the course of this Agreement. Those policies include but are not limited to the restrictions against any
authorized user knowingly accessing or modifying any data or records pertaining to themselves, spouses or
other family members, as well as co-workers.
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19.2.
All Agency officials, managers and employees, contractors, subcontractors, vendors and users authorized
by the Department shall immediately report to the Department all security and privacy Incidents requiring
possible corrective action immediately following the discovery of the potential or real security and privacy
incident.
19.3.
A security and/or privacy incident shall be defined as any event potentially or actually having an adverse
effect on the security, integrity or access to the Portal, the usernames or passwords used to access the Portal,
and/or the data made available to the Agency under this Agreement, such incidents occurring either before,
during or after the Agency or its authorized users extract or access any data under this Agreement.
19.4.
All Agency officials, managers, employees, contractors, subcontractors, vendors and users authorized by
the Department shall be held to the same compliance standards, and a failure by any such persons to adhere to or
comply with all requirements and provisions of this Agreement will be deemed a failure on the part of the Agency.
19.5.
If the Agency fails to comply as provided above, the Department reserves the right to take any corrective
action that it deems necessary and appropriate, including, but not limited to, the suspension or revocation of the
Agency’s or any user’s account privileges, or termination of this Agreement in its entirety.
19.6. The Agency, its officials, contractors, subcontractors, vendors, authorized users, as well as any users enabled
by the Agency but not unauthorized by the Department, shall bear the cost of all claims, judgments, legal fees,
attorney fees, and associated customer and citizen notifications and remediation costs because of a security
and/or privacy incident or other loss of data that is directly attributable to the Agency’s performance, conduct,
misconduct or nonfeasance under this Agreement. The Department reserves the right to participate in and/or to
defend claims against the Agency related to services and deliverables associated with this Agreement, but
undertakes no obligation, commitment or promise to do so.
19.7.
The Agency shall implement and maintain reasonable procedures, including taking any appropriate
corrective action, to protect and safeguard from unlawful use or re-disclosure of all personal information as
defined by A.R.S. §§ 28-440 and 44-7501 or their successor sections. The Agency shall immediately notify the
Department of any security breach, hack, inadvertent release of data or other similar incident in accordance with
the terms of this Agreement.
19.8.
If officers, employees or contractors of the Agency fail to secure, or if they release or disseminate
personal information or other data which results in a breach of privacy, identity theft or other compensable loss to
one or more victims, the Department may require the Agency to facilitate, participate in and/or pay for
appropriate victim notification and restitution.
19.9.
Nothing in this section or in this Agreement shall be construed to require the Department to monitor or
police the Agency’s secondary dissemination of motor vehicle records, information or any other data accessed
under this Agreement.
20.0.
Liability
The Agency agrees that it shall be solely responsible and liable for any and all claims, losses, demands or
judgments, including, but not limited to, costs, investigation, expenses and attorney’s or witness fees, arising
out of the bodily injury or death of any person or damage to tangible or intangible property, reputation or
privacy incurred in connection with this Agreement and resulting from any act, negligent or intentional,
omission or misconduct by the Agency, its officers, agents, affiliates, employees, contractors, sub-contractors
or representatives.
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21.0. Indemnity
To the fullest extent permitted by law, the Agency shall indemnify, defend, save and hold harmless the State of
Arizona, the Department and its 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, attorney 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 the Agency or
any of its owners, officers, directors, agents, employees or subcontractors. This indemnity requirement includes
any claim or amount arising out of, or recovered under, any Workers’ Compensation Law or arising out of the
failure of the Agency or any of its subcontractors to conform to any federal, state or local law, ordinance, rule, 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 the Agency from
and against any and all claims. It is agreed that the Agency will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable. In consideration of the execution of this
Authorization Agreement, the Agency agrees to waive all rights of subrogation against the State of Arizona, the
Department and its officers, officials, agents and employees for losses arising from the work performed by the
Agency for, and under this authorization from, the State of Arizona.
This indemnity clause shall not apply if the Agency or its sub-contractor(s) is/are an agency, board, commission or
university of the State of Arizona.
22.0. Limitation of Liability
The Arizona Department of Transportation (a) makes no warranty, express or implied, with respect to information
provided under this Agreement, including but not limited to, implied warranties of merchantability and fitness for
any particular use; (b) assumes no liability for any direct, indirect, or consequential damages arising from any use
of any part of this Agreement; and (c) assumes no liability for any errors or omissions within the Data Center
related to the Electronic Data Access Agreement. Parties herby waive, relinquish, and release the State of Arizona
and the Arizona Department of Transportation from any liability or claim for damage or injury arising from any use
of the Electronic Data Access Agreement or any information derived from it.
Without limiting in any way the scope and breadth of the foregoing, the parties acknowledge that the Data Center
related to the Electronic Data Access Agreement may contain inaccuracies and that the Arizona Department of
Transportation, which provides this information, does not guarantee the accuracy of this information.
23.0. Applicable Law
This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of
Arizona. Any action, suit, claim or dispute arising under or related to this Agreement, which the parties are unable
to resolve informally, shall be brought only in the state or federal courts of Arizona.
24.0. Amendment and Modification
The Agency shall accept any amendment or modification of the Agreement proposed by the Department for
reasonable cause, when set forth in writing and deemed necessary by the Department. Upon the amendment of
any applicable law, rule or regulation that substantively affects this Agreement, the Department may modify this
Agreement to reflect such amendment or change in the law. Any such modification of this Agreement shall be
communicated to the Agency in writing, and shall be incorporated herein with the other provisions of this
Agreement, which shall otherwise remain in full force and effect.
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25.0. Non-Assignability
This Agreement is not assignable or transferable to any other person or entity, whether private or public, in whole
or in part, unless the Agency obtains the express, prior written consent of the Department.
26.0. Change in Agency Entity
In the event the Agency undergoes or is the subject of a merger, acquisition, sale, reorganization in bankruptcy, a
declaration of insolvency, an assignment for the benefit of creditors, or any other substantial change in the nature,
capitalization, ownership, management, identity or name of the Agency, the Agency shall provide the Department
with reasonable advance notice of such change. To facilitate the desire of the Department to keep this Agreement
updated as to the legal entity, identity and name of the Agency, the Agency hereby agrees that reasonable notice
is to be construed as the first date that such change becomes public knowledge. Failure by the Agency to timely
provide the notice required in this section shall be deemed sufficient grounds for the Department to immediately
terminate this Agreement, along with the Agency’s electronic data access.
27.0. Non-Exclusivity
This Agreement shall not preclude the Department from entering into the same or similar Agreements with other
private or public or entities, including those performing identical or similar functions as the Agency in the same or
adjacent geographical areas, during the same time periods, and in the same industries, businesses or professions.
RECITALS
I.
The Agreement provides authorization for connectivity to MVD’s specified records database(s) by the
following Company:
Name of Company:
Doing Business As:
Business Address:
Mailing Address:
Telephone Number:
II.
In accordance with the Federal Driver’s Privacy Protection Act (DPPA), 18 U.S.C. §§ 2721-2725 and A.R.S.
Title 28, Chapter 2, Article 5, the Company requests authorization to access MVD’s
____________________ ________ pursuant to the following permissible use(s) allowed in A.R.S. § 28-455:
III.
In reliance on Recital II, MVD grants the Company authorization to access its_______________________
via MVRRS, and to thereby retrieve _____________________________information contained in such
databases according to the terms and conditions stated in this Agreement between the parties.
City of Glendale Human Resources & Risk Management
City of Glendale Human Resources & Risk Management
5850 W. Glendale Avenue
5850 W. Glendale Avenue
623.930.2856
Driver License and Title/Registration Databases
1
Driver License and Title/Registration Databases
Restricted and Non-Restricted
Standard 39 months
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IV.
All notices to or demands made upon the Company by MVD shall be in writing and shall be delivered in
person, by fax, by email, or by U.S. mail addressed as follows:
Business Contact Person:
Name:
Address:
City, State, Zip:
Phone:
Email:
VI.
Per this Agreement, the Company is authorized to access the above-referenced database(s) by utilizing the
MVRRS application. The Company is authorized to receive:
Driver Database
T&R Database
Interactive 39 month records
Interactive uncertified records
Interactive 5 year (certified) records
Interactive certified records
Batch 39 month (uncertified) records
Batch certified records
Batch 5 year (certified) records
Batch uncertified records
Hybrid Batch (uncertified) records
VII.
Per this Agreement and Batch Specifications Attachment, the Company is authorized to access the
following batch accounts (insert all that apply):
Dianne Shoemake
5850 W. Glendale Avenue
Glendale, AZ 85382
623.930.2248
dshoemake@glendaleaz.com
N/A
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28.0. Waiver and Severability
The 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.
29.0. Certification and Signatures
On behalf of the Agency identified below, I hereby request approval of this Agreement with the knowledge and
understanding that the Agency must abide by all of its provisions at all times. I hereby certify that all of the
information provided by the Agency and/or set forth in the Agency’s Interest Letter, Letter of Scope, Electronic
Data Services Government Agency Application, all necessary User Agreements and attachments, and in this
written Agreement, is true and accurate, and that any records or information obtained from the Department’s
database(s) as a result of the access provided by this Agreement will be used solely for the purpose(s) specified in
this Agreement, and for no other purposes.
I further certify that I have the authority to execute this Agreement on behalf of the Agency.
Motor Vehicle Division
__________________________________
__________________________________
Signature
Signature
__________________________________
__________________________________
Name Printed
Name Printed
__________________________________
_________________________________
Title
Title
__________________________________
__________________________________
Date
Date
30.0. Director’s Authorization
On behalf of the Arizona Department of Transportation, Motor Vehicle Division, the authorization requested by
________________________________ pursuant to this Agreement is hereby approved.
________________________
Date
__________________________________
Eric R. Jorgensen
Director, Motor Vehicle Division
Arizona Department of Transportation
City of Glendale Human Resources & Risk Management
Kevin R. Phelps
City Manager
Robert J. Smith
Administrator
City of Glendale Human Resources & Risk Management
City of Glendale Human Resources & Risk Management / September/ 2022
DocuSign Envelope ID: 5EFB1E7F-D406-468F-AADD-16AC00BD9C43
9/27/2022
9/28/2022
10/3/2022
Certificate Of Completion
Envelope Id: 5EFB1E7FD406468FAADD16AC00BD9C43
Status: Completed
Subject: Please DocuSign: 22 09 EDS Agreement City of Glendale Human Resources.pdf
Source Envelope:
Document Pages: 14
Signatures: 3
Envelope Originator:
Certificate Pages: 5
Initials: 14
Electronic Data Services - Government
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Arizona
206 S 17th Ave
Phoenix, AZ 85007
edsgovernment@azdot.gov
IP Address: 162.59.200.193
Record Tracking
Status: Original
9/26/2022 11:00:36 AM
Holder: Electronic Data Services - Government
edsgovernment@azdot.gov
Location: DocuSign
Signer Events
Signature
Timestamp
Kevin R. Phelps
kphelps@glendaleaz.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.48.8.4
Sent: 9/26/2022 11:35:05 AM
Viewed: 9/27/2022 12:14:07 PM
Signed: 9/27/2022 12:14:48 PM
Electronic Record and Signature Disclosure:
Accepted: 9/27/2022 12:14:07 PM
ID: bcad1efe-9206-4f42-be64-3d8b0712f86d
Robert J. Smith
cjackai-holloman@azdot.gov
EDS
Arizona Dept of Transportation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 136.226.64.98
Sent: 9/27/2022 12:14:50 PM
Viewed: 9/28/2022 9:35:35 AM
Signed: 9/28/2022 9:41:35 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Eric Jorgensen
ejorgensen@azdot.gov
Motor Vehicle Division Director
Arizona Dept of Transportation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 136.226.64.82
Sent: 9/28/2022 9:41:37 AM
Viewed: 10/3/2022 4:42:45 PM
Signed: 10/3/2022 4:42:50 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Dianne Shoemake
dshoemake@glendaleaz.com
Security Level: Email, Account Authentication
(None)
Sent: 10/3/2022 4:42:52 PM
Viewed: 10/4/2022 10:31:18 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Joseph Fobbs
jfobbs@azdot.gov
ADOT
Security Level: Email, Account Authentication
(None)
Sent: 10/3/2022 4:42:54 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
9/26/2022 11:35:05 AM
Certified Delivered
Security Checked
10/3/2022 4:42:45 PM
Signing Complete
Security Checked
10/3/2022 4:42:50 PM
Completed
Security Checked
10/3/2022 4:42:54 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Arizona Dept of Transportation (we, us or Company) may be required by law
to provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through your
DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully
and thoroughly, and if you can access this information electronically to your satisfaction and
agree to these terms and conditions, please confirm your agreement by clicking the 'I agree'
button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 9/27/2016 10:03:17 AM
Parties agreed to: Kevin R. Phelps
How to contact Arizona Dept of Transportation:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To advise Arizona Dept of Transportation of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at DocuSignRequest@azdot.gov and
in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from Arizona Dept of Transportation
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to DocuSignRequest@azdot.gov and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Arizona Dept of Transportation
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to DocuSignRequest@azdot.gov and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems:
Windows2000? or WindowsXP?
Browsers (for SENDERS):
Internet Explorer 6.0? or above
Browsers (for SIGNERS):
Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email:
Access to a valid email account
Screen Resolution:
800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
•
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
•
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
•
Until or unless I notify Arizona Dept of Transportation as described above, I consent to
receive from exclusively through electronic means all notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be
provided or made available to me by Arizona Dept of Transportation during the
course of my relationship with you.