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AZ MVD Now Agreement
GEN-25-0010941-M
On this day of , the undersigned whose
principal Business address is (the “Company”), hereby enters into this
Agreement with the Arizona Department of Transportation, Motor Vehicle Division, (the “Department), to
access and receive 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 Arizona Revised Statutes (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.
If the Company accesses a record or receives any information contained therein from MVD by any means -
including electronic access, use of the Motor Vehicle Request for #46-4416, through verbal request to MVD, if
applicable, or by any other means of communication with MVD - the Company shall protect the personal and
private information of all individuals and entities accessed in compliance with Title 28, Chapter 2, Article 5 of
the Arizona Revised statutes, and with the Federal DPPA."
1.0 Recitals
1.1.
This Agreement provides authorization for the Company to receive or access the Department’s
specified Commercial Driver License 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, Company hereby requests and receives authorization to access the
Department’s Motor Vehicles Records Request System to retrieve CDL motor vehicle records information
(when available), or received via AZ MVD Now account to consist of the following specific electronic data:
39-month Uncertified Driver License Motor Vehicle Records;
5-year Certified Driver License Motor Vehicle Records;
Certified Title & Registration Motor Vehicle Records;
Uncertified Title & Registration Motor Vehicle Records;
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 (C)(1) and (4), to disclose this motor vehicle records
information for use by any organization to carry out its functions . The Department conducts this function in
its capacity as a government agency, and not in any proprietary capacity.
1.3.
The Company 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 receive electronic motor vehicle records at
the sole discretion of the Department and upon execution of a search request.
1.5.
The parties further mutually agree that the Company shall provide the Department with written
notice no later than the effective date of any other agreement or contract that the Company executes with
any private or commercial company, corporation, partnership or firm; or with any government agency (such
21st
January
2025
Maricopa County Office of the Medical Examiner
701 W. Jefferson St., Phoenix, AZ 85007
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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 1.1.6.
1.6.
At any time in which the Company 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 1.1.16., wherein the Company
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 Company hereby agrees that it shall first,
promptly and timely, disclose to the Department its intention to enter into such agreement, and the
Company shall furnish to the Department a copy thereof.
2.0
Definitions
2.1.
“Agreement” means this written Agreement between the Department and the Company 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 Company to perform the activities authorized under this Agreement.
2.3.
“AZMVDNOW” 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 A.R.S. 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. “Multiple Records Location” means additional locations where sensitive data will be stored and
secured other than the established business address.
2.14. "MVD" means the Arizona Department of Transportation, Motor Vehicle Division.
2.15. "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.
2.16. "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.
2.17. "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 DPPA
and A.R.S.
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 access to the Department’s records is pursuant to this Agreement and may be through AZMVDNOW,
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 AZMVDNOW, 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 AZMVDNOW. Agency agrees to
observe and comply with the Department’s strict prohibition against AZMVDNOW access through the
use of shared or group emails, shared logon IDs, or the use of an email or AZMVDNOW 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 of all individuals and
entities accessed, obtained, stored or captured during the electronic transfer of information using its
connectivity to the AZMVDNOW, 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 AZMVDNOW, databases, servers,
applications or interfaces for any purpose other than the permissible use(s) authorized under this written
Agreement.
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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 A.R.S. Title 28, Chapter 2, Article 5, and with the 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.
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 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.
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 and this Agreement.
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
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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 Records 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 criminalcivil@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.
The Agency shall respond immediately to all Department inquiries concerning its list of authorized
users.
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
Default
9.1.
Any of the following events shall constitute a material “event of default” by the Agency: Default
or failure in performance of any other responsibility, liability, obligation, covenant or material
representation of Agency to the 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:
9.1.1.1.
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:
9.1.1.2.
incomplete, false or deceptive information included on the application submitted
by the Agency to the Department to obtain this Agreement;
9.1.1.3.
failure to establish or maintain a secure physical and software data environment
for the handling of the records and data accessed under this Agreement;
9.1.1.4.
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;
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9.1.1.5.
failure to timely make any disclosures to the Department required under this
Agreement;
9.1.1.6.
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
9.1.1.7.
other failure of the Agency to comply with the DPPA.
9.1.2.
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.
9.1.3.
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.
10.0
Remedies after Default
10.1. 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:
10.1.1.
To immediately terminate this Agreement and to be free of any further obligations under this
Agreement;
10.1.2.
To pursue any remedy, or cumulative remedies, at law or in equity.
11.0
Duration / Term
11.1.
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.
11.2.
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.
12.0
Termination Provisions
12.1.1.
Either Party may terminate this Agreement for cause or convenience. 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.
12.1.2.
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:
12.1.2.3.
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.
12.1.1.1.
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.
12.1.2.2
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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14.0
Notification Provisions
14.1.1. All required notices or notifications to the Department may be emailed to:
Motor Vehicle Division, Felony Unit
Email: govt_mvr_request@azdot.gov
15.0
Audit/Inspection
12.1.3.
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.
15.1.1.
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.
15.1.2.
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.
15.1.13.
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.
15.1.4.
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 the 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.
15.1.5.
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.
13.0
Contact Persons
13.1.
The Agency shall designate, on the AZMVDNOW Administration Application, prescribed by the
Department which includes 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.
13.2.
The designated Business Contact persons shall approve, by their signature, all of the Agency’s
applications for individual user access under this Agreement.
13.3.
The designated Business Contact persons shall monitor the use of individual email addresses for each
authorized user within the Agency.
13.4. 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.
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16.0
15.1.6.
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.
Compliance
16.1.
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.
16.2.
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.
16.3. 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 AZMVDNOW, the usernames or passwords
used to access AZMVDNOW, 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.
16.4.
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.
16.5.
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.
16.6.
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 misfeasance 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.
16.7.
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.
16.8.
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.
16.9. 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.
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17.0
Liability
17.1.
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.
18.0 Indemnity
18.1.
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 subcontractor(s) is/are an agency, board, commission or university of the State of Arizona.
19.0
Limitation of Liability
20.1.
This Agreement shall in all respects be governed by and construed in accordance with thelaws 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.
19.1.
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 AZMVDNOW related to this Agreement. Parties
hereby 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
AZMVDNOW Agreement or any information derived from it.
19.2.
Without limiting in any way the scope and breadth of the foregoing, the parties acknowledge
that AZMVDNOW related to this Agreement may contain inaccuracies and that the Arizona
Department of Transportation, which provides this information, does not guarantee the accuracy of
this information.
20.0
Applicable Law
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21.0 Amendment and Modification
21.1.
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 substantially 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.
22.0
Non-Assignability
22.1.
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.
23.0
Change in Agency Entity
23.1.
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.
24.0
Non-Exclusivity
24.1.
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 Agency:
Name of Agency:
Business Address:
Mailing Address:
Email 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 Agency: requests authorization to access MVD’s MVRs & Photos
pursuant to the following permissible use(s) allowed in A.R.S. § 28-455:
III.
In reliance on Recital II, MVD grants the Agency: authorization to access its MVRs & Photos via,
AZMVDNOW and to thereby retrieve information contained in such databases according to the terms and
conditions stated in this Agreement between the parties.
C O.
Page 10 of 12
Maricopa County Office of the Medical Examiner
Maricopa County Office of the Medical Examiner
701 W. Jefferson St., Phoenix, AZ 85007
jeff.johnston@maricopa.gov
(602) 506-3322
Docusign Envelope ID: B726E203-11FF-4493-83C3-0C04E12DEA37
Page 11 of 12
____
CO.
39 Month Uncertified MVR
5 year Certified MVR
Extended Certified MVR
Extended Uncertified CDL MVR
Current and Extended Photo
Vehicle MVR
25.0. Waiver and Sever-ability
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.
26.0. 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, AZ
MVD Now Organization Administrator 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.
IV.
All notices to or demands made upon the Agency by MVD shall be in writing and shall be delivered by
email, as follows:
Agency Contact Person:
Name of Agency:
Street Address:
City, State, Zip:
Email Address:
Telephone Number:
VI.
Per this Agreement, the Agency is authorized to access the above-referenced database(s) by utilizing
AZMVDNOW. The Agency is authorized to receive:
Government Compliance Report
X
Samuel Cook
Maricopa County Office of the Medical Examiner
701 W. Jefferson St.
Phoenix, AZ 85007
sam.cook@maricopa.gov
(602) 506-8696
Docusign Envelope ID: B726E203-11FF-4493-83C3-0C04E12DEA37
Page 12 of 12
____
CO.
I further certify that I have the authority to execute this Agreement on behalf of the Agency.
Motor Vehicle Division
__________________________________
Signature
__________________________________
Name Printed
_________________________________
Title
__________________________________
Date
Agency Name:
__________________________________
Signature
__________________________________
Name Printed
_________________________________
Title
__________________________________
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.
__________________________________
Eric R. Jorgensen
Director, Motor Vehicle Division
Arizona Department of Transportation
__________________________________
Date
Maricopa County Office of the Medical Examiner
Jeffrey Johnston, MD
Dept Director/Chief Med Examiner
Esteban Dunn
Supervisor
Maricopa County Office of the Medical Examiner
Docusign Envelope ID: B726E203-11FF-4493-83C3-0C04E12DEA37
1/22/2025
Certificate Of Completion
Envelope Id: B726E203-11FF-4493-83C3-0C04E12DEA37
Status: Sent
Subject: Complete with Docusign: Maricopa County Office of the Medical Examiner-AZMVDNOW Agreement .pdf
Source Envelope:
Document Pages: 12
Signatures: 1
Envelope Originator:
Certificate Pages: 5
Initials: 12
Electronic Data Service - Commercial
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Arizona
206 S 17th Ave
Phoenix, AZ 85007
EDSCOMMERCIAL@AZDOT.GOV
IP Address: 162.59.200.193
Record Tracking
Status: Original
1/21/2025 3:51:03 PM
Holder: Electronic Data Service - Commercial
EDSCOMMERCIAL@AZDOT.GOV
Location: DocuSign
Signer Events
Signature
Timestamp
Jeffrey Johnston
jeff.johnston@maricopa.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 163.116.139.118
Sent: 1/21/2025 3:57:21 PM
Viewed: 1/22/2025 12:37:12 PM
Signed: 1/22/2025 12:37:36 PM
Electronic Record and Signature Disclosure:
Accepted: 1/22/2025 12:37:12 PM
ID: 720a8d7b-3c07-473f-ade0-b994c030b9da
Esteban Dunn
edunn2@azdot.gov
Security Level: Email, Account Authentication
(None)
Sent: 1/22/2025 12:37:39 PM
Electronic Record and Signature Disclosure:
Accepted: 1/17/2025 11:58:10 AM
ID: a40fc6f0-b7d6-4ac1-b464-58b9bd787f70
Eric Jorgensen
ejorgensen@azdot.gov
Security Level: Email, Account Authentication
(None)
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
Sam cook
sam.cook@maricopa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Carbon Copy Events
Status
Timestamp
Not Offered via DocuSign
Account Support
accountsupport@azdot.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Monica Lugo
mlugo@azdot.gov
Security Level: Email, Account Authentication
(None)
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
1/21/2025 3:57:21 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: Jeffrey Johnston, Esteban Dunn
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.