ADOT AND MCOME AGREEMENT FOR PHOTOS 2022.03.PDF

DocuSign Envelope ID; 8B7307FB-23D5-443A-94FB-195787BAAC17

ADOT

Motor Vehicle Division Douglas A. Ducey, Governor
John S. Halikowski, Director

Eric R. Jorgensen, Division Director

Maricopa County Office of the Medical Examiner MVR/Photo Access Agreement
GEN-22-000 -M

On this _7th day of March 2022 the undersigned Maricopa County Office of the Medical Examiner whos
principal Business address is 701 W. Jefferson St., Phoenix, AZ.85007_(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.

\f 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
th eArizona Revised statutes, and with the Federal DPPA."

1.0 Recitals
4.1. This Agreement provides authorization for 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

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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. “AZ MVD Now”, referred to herein as "AMN, " 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 AMN, 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 AMN, 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 AMIN. Agency agrees to observe and comply with the
Department's strict prohibition against AMN access through the use of shared or group emails, shared logon
IDs, or the use of an email or AMN 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 AMN, 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 AMN, 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 as
the Internet and the decryption of the Department's electronic data will occur only in a secure environment.

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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. 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. 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 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;
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.

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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. 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. 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 36 months, unless previously revoked or
terminated as provided herein.

14,2. There shall be no automatic renewals of this Agreement. Upon expiration of this 36-month initial
Agreement period, the parties may mutually agree to extend the Agreement term for up to an additional
thirty-six (36) 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. 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:
12.1.2.1. 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;
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.
12.1.3. 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.
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13. Contact Persons

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13.1. The Agency shall designate, on the AMN 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.

14, 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. Audit/Inspection

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.

15.1.3.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.

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 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.

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.
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16. Compliance

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17.

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 AMN, the usernames or passwords used to access
tAMN, 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 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.

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.

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

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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. 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. Limitation of Liability

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 AMN 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 AMN 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 AMN_ 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. Applicable Law
20.1. 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.

21. 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 substantively affects this Agree t,
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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. 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. 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, 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: Maricopa County Office of the Medical Examiner
Business Address: 701 W. Jefferson St., Phoenix, AZ. 85007

Mailing Address: 701 W. Jefferson St., Phoenix, AZ. 85007

Email Address: Joy.Rich@maricopa.gov

Telephone Number: 602-506-3322

I. 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: 1

Ul In reliance on Recital Il, MVD grants the Agency: authorization to access its MVRs & Photos via, AMN
and to thereby retrieve information contained in such databases according to the terms and

conditions stated in this Agreement between the parties.

IV. All notices to or demands made upon the Agency by MVD shall be in writing and shall be delivered by

email, as follows:
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Page 10 of 12 Je

co.

DocuSign Envelope ID: 8B7307FB-23D5-443A-94FB-195787BAAC17

Agency Contact Person

Name: Sam Cook
Address: 701 W. Jefferson St.,
City, State, Zip: Phoenix, AZ. 85007
Fax: 602-506-8696
Email: sam.cook@ maricopa.gov
Vi. Per this Agreement, the Agency is authorized to access the above-referenced database(s) by utilizing

AMN. The Agency is authorized to receive:

39 Month Uncertified MVR

5 year Certified MVR

Extended Certified MVR

Extended Uncertified CDL MVR

Current and Extended Photo xX

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, | hereby request approval of this Agreement with the knowledge
and understanding that the Agency must abide by all of its provisions at all times. | 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.

| further certify that | have the authority to execute this Agreement on behalf of the Agency.

Agency Name: Maricopa County Office of the Medical Examiner Motor Vehicle Division

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Page 11 of 12 a4

co.

DocuSign Envelope ID: 8B7307FB-23D5-443A-94FB-195787BAAC17

Signature
Joy Rich

Name Printed

County Manager
Title
3/16/2022

Date

30.0. Director’s Authorization

“ogsusines by:
a a

BFUSSIZUATZEAAT..

Signature
Robert J. Smith

Name Printed

Administrator

Title
3/16/2022

Date

On behalf of the Arizona Department of Transportation, Motor Vehicle Division, the authorization
requested by Maricopa County Office of the Medical Examiner pursuant to this Agreement is hereby

approved.

‘DocuSigned by:

Eric R. Jorgensen
Director, Motor Vehicle Division
Arizona Department of Transportation

3/16/2022

Date

Page 12 of 12

MARICOPA COUNTY
BOARD OF SUPERVISORS

BY:

Chairman, Board of Supervisors

Date:

ATTEST:

Clerk of the Board

Date:

Approved as to form:

Deputy County Attorney

Date: