AZ CRIMINAL JUSTICE INFORMATION SYSTEM USER AGREEMENT.DOC

ARIZONA CRIMINAL JUSTICE INFORMATION SYSTEM USER AGREEMENT
NONCRIMINAL JUSTICE PROCESS – STATE LEVEL ACCESS ONLY
THIS AGREEMENT is made and entered into by the ARIZONA DEPARTMENT OF PUBLIC
SAFETY, hereinafter referred to as "DPS," and the MARICOPA COUNTY, hereinafter referred
to as "USER." DPS, under the authority of the Federal Bureau of Investigation (FBI), is the
National Crime Information Center (NCIC) State Criminal Justice Information Systems Agency
(CSA) in Arizona. DPS, under the authority of Arizona Revised Statutes (ARS) §41-1750, ARS
§41-1751, and ARS §41-2205, also operates the Central State Repository for the criminal justice
information system, and functions as the Arizona Criminal Justice Information System (ACJIS)
CJIS Systems Agency. Per authority of ARS §41-2204, the Director of DPS also serves as the
System Officer of ACJIS.
USER is:
___ A nonprofit noncriminal justice agency that interacts with
children or vulnerable adults authorized to receive Arizona
criminal history record information and/or Arizona criminal
justice information for the lawful purpose of evaluating the
fitness of all current and prospective employees, contractors
and volunteers of the organization pursuant to ARS §41-
1750.
OR
_X_ A noncriminal justice agency authorized to receive Arizona
criminal history record information and/or Arizona criminal
justice information for the specific purpose of evaluating the
fitness of current or prospective employees and/or contract
employees and/or volunteers pursuant to ARS §41-1750.
DPS and USER hereby agree to exchange such Arizona criminal history record information
and/or Arizona criminal justice information as is available in the State of Arizona State Central
Repository and/or the ACJIS network, subject to the following terms and conditions:
TERMS AND CONDITIONS
A. Information. In accordance with federal and state regulations, DPS agrees to furnish USER
with the following type(s) of information: Authorized Arizona Criminal History Record
Information and Authorized Arizona Criminal Justice Information via the applicant
fingerprint card process.
B. Rules. USER has the burden of giving notice of the requirements of all the below-named
rules and regulations to its employees and the other agencies or individuals to whom USER
might disseminate information derived pursuant to this Agreement.
1. Compliance. The exchange of all information covered by the terms of this Agreement

ARIZONA CRIMINAL JUSTICE INFORMATION SYSTEM USER AGREEMENT
NONCRIMINAL JUSTICE PROCESS – STATE LEVEL ACCESS ONLY
PAGE 2
shall be in strict compliance with all federal and state laws and regulations relating to the
collection, use, storage, handling, and/or dissemination of criminal justice information
and/or criminal history record information, and with the applicable rules, policies, and
procedures contained in the FBI Criminal Justice Information System (CJIS) Security
Policy, and with applicable ACJIS, NCIC, Arizona Crime Information Center (ACIC),
International Justice and Public Safety Information Sharing Network, and Arizona Law
Enforcement Telecommunications Systems (ALETS) operating policies, procedures, and
regulations.
2. Agency Security Contact. USER shall designate an official Agency Security Contact
(ASC) to serve as the agency liaison with DPS and to perform all necessary duties
related to that function.
a. The ASC shall be responsible for ensuring compliance with Section B of this
Agreement, and shall grant authorization to those employees who have access to
criminal history record information and/or criminal justice information. The ASC shall
submit and maintain a current Authorized Personnel List of all authorized employees'
names, titles, dates of birth, and email addresses.
b. If the ASC changes for any reason, USER agrees to designate another individual as
the ASC and to notify DPS within 30 days of the change.
3. Training. USER shall be responsible for compliance with training requirements.
a. Prior to submitting fingerprint cards and receiving Arizona criminal justice
information and/or Arizona criminal history record information, USER shall attend
initial access training covering proper submission procedures and basic privacy and
security. Initial access training shall be provided by DPS.
b. All USER agency personnel authorized to access Arizona criminal history record
information and/or Arizona criminal justice information shall complete both standard
Security and Awareness training and USER-provided privacy and security training on
the proper handling of such information.
1) Security and Awareness training is required within six months of hire and every
two years thereafter.
2) USER-provided privacy and security training shall be completed a minimum of
every two years.
4. Acknowledgement Statement. All USER agency personnel authorized to access Arizona
criminal history record information and/or Arizona criminal justice information shall
sign a statement form acknowledging notification of the penalties for misuse of the
information prior to accessing any Arizona criminal history record information and/or
Arizona criminal justice information. The acknowledgment statement is hereby
incorporated into this Agreement.
5. Secure Environment. The Arizona criminal history record information and/or the
Arizona criminal justice information received pursuant to this agreement shall be
maintained in a secure environment accessible only to those personnel listed on the
current Authorized Personnel List. If the Arizona criminal justice information and/or the
Arizona criminal history record information received pursuant to this agreement is stored
electronically, the electronic records environment shall be subject to applicable technical
security requirements specified in the CJIS Security Policy and periodic technical audits
in accordance with Section D of this agreement.

ARIZONA CRIMINAL JUSTICE INFORMATION SYSTEM USER AGREEMENT
NONCRIMINAL JUSTICE PROCESS – STATE LEVEL ACCESS ONLY
PAGE 3
6. Policies and Procedures. USER shall develop and implement policies and procedures
ensuring the following:
a. Privacy and security, which shall include: proper access, use, handling,
dissemination, and destruction of Arizona criminal history record information and/or
Arizona criminal justice information; prevention of unauthorized disclosure of Arizona
criminal history record information and/or Arizona criminal justice information; a
disciplinary policy for misuse of Arizona criminal history record information and/or
Arizona criminal justice information.
b. Fingerprint submission integrity, which shall include: quality control methods to
verify the applicant's identity and measures to prevent fingerprint tampering prior to
submission to DPS.
c. Digital information security, which shall include: reporting, response, and handling
capability procedures for information security incidents; account access and monitoring
requirements; information integrity protocols. This paragraph is only applicable if the
agency electronically stores or accesses Arizona criminal history and/or Arizona
criminal justice information.
7. Personnel Screening. USER agrees to conduct personnel screening as permitted and/or
required under state law of the personnel authorized to access and/or handle Arizona
criminal history record information and/or Arizona criminal justice information.
C. Privacy and Security.
1. Purpose. USER agrees that the use of information received under the terms of this
Agreement shall be limited to the following specific purpose(s): For the specific
purpose of evaluating the fitness of Head Start employees pursuant to Title 42 United
States Code §9843a and ARS §41-1750.
2. Secondary Dissemination.
a. USER assumes full responsibility and liability for the use and release of all criminal
history record information and/or criminal justice information obtained pursuant to this
agreement.
b. All dissemination, including secondary and further dissemination, shall be strictly
limited to the purpose authorized by this agreement and shall not exceed the purpose
authorized in this agreement or that which is authorized under state and federal laws and
regulations.
c. All secondary and further dissemination shall be logged, and the log shall be retained
for a minimum of five years.
d. USER assumes full responsibility and liability for all dissemination and use of the
information obtained pursuant to this agreement including secondary and subsequent
dissemination. (Unlawful use of criminal history information and/or criminal justice
information is a class 6 felony pursuant to ARS §41-1756.)
D. Audits/Inspections.
1. Records and periodic audits.

ARIZONA CRIMINAL JUSTICE INFORMATION SYSTEM USER AGREEMENT
NONCRIMINAL JUSTICE PROCESS – STATE LEVEL ACCESS ONLY
PAGE 4
a. USER hereby agrees to maintain all personnel records, fingerprint submission
records, training files, authorization lists, policies and procedures, dissemination logs,
contractor records, and volunteer records as directed by DPS to determine compliance
with applicable regulations and statutes.
b. USER agrees to make the above stated items available to DPS, the FBI CJIS
Division, or their authorized representatives, for the purpose of conducting periodic
audits of USER's compliance with all laws and regulations regarding the processing of
information furnished to and by the USER under the terms of this Agreement.
c. USER shall cooperate with directives issued by the Arizona CJIS Systems Officer
(CSO) concerning reliability and security of data.
d. All books, accounts, reports, files and other records relating to this agreement shall
be subject at all reasonable times to inspection and audit by the State for five years after
completion of this agreement.
2. Site security compliance. USER hereby agrees, as a condition of participation, to permit
a team from DPS and/or the FBI CJIS Division to conduct on-site compliance
inspections to ensure that required physical, personnel, computer, and communications
safeguards are functioning properly.
3. Directed audits. USER agrees to submit to directed audits for the investigation of any
allegation of misuse of Arizona criminal justice information and/or Arizona criminal
history record information obtained pursuant to this agreement. A directed audit
includes an inquiry into the specifics of a misuse allegation as well as the overall
administrative review of a routine audit. Directed audits are in addition to routine
periodic audits.
E. Sanctions.
1. Cancellation. Either DPS or USER may cancel this Agreement upon thirty days notice
to the other party in writing. All parties are hereby put on notice that this contract is
subject to cancellation by the Governor for conflicts of interest, pursuant to ARS §38-
511, the contents of which are hereby incorporated by reference.
2. Suspension of Service. In addition to the penalties provided by law, DPS reserves the
right to immediately suspend furnishing information covered by the terms of this
Agreement to USER when any terms of this Agreement are violated or reasonably
appear to DPS to be violated. DPS shall resume furnishing such information upon
receipt of satisfactory assurance, to DPS, that such violations did not occur or that such
violations have been fully corrected or eliminated. In the event that USER challenges the
ruling of DPS regarding violation(s) or audit results, the Arizona Criminal Justice
Commission shall adjudicate the matter.
3. Indemnification. To the extent permitted by law, USER hereby agrees to indemnify and
save harmless DPS, its Director and employees, and the FBI, its Director and employees
from and against any and all claims, demands, suits, and proceedings by others and
against all liability to others for the use or misuse by the USER of any information
provided to USER pursuant to this Agreement.
4. Arbitration. This Agreement is subject to arbitration, but only to the extent required by
ARS §12-1518.

ARIZONA CRIMINAL JUSTICE INFORMATION SYSTEM USER AGREEMENT
NONCRIMINAL JUSTICE PROCESS – STATE LEVEL ACCESS ONLY
PAGE 5
F. Non-Discrimination. USER agrees that USER will comply with all applicable laws relating
to equal opportunity and non-discrimination, including the non-discrimination requirements
of Executive Order 2009-09.
G. Executory Clause. It is understood by and between the parties hereto that DPS is obligated to
provide the services described in Section A above to USER only to the extent that public
funds are made available to DPS for that purpose. DPS shall incur no liability on account
thereof beyond the money made available for such purpose.
H. Dissemination. The terms of this agreement pertaining to all dissemination of Arizona
criminal justice information and Arizona criminal history record information shall be
superseded by applicable federal regulations and Arizona laws governing the release of such
information.
1. Investigations. USER agrees that DPS may use or disseminate information concerning
USER request transactions on the ACJIS network to provide assistance with active
criminal investigations or criminal intelligence investigations when such assistance is
specifically requested by the investigating agency.
2. Statistical Reports. USER agrees that DPS may generate, use, or disseminate statistical
reports based upon data contributed or transactions conducted by USER.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
the proper officers and officials.
ARIZONA DEPARTMENT OF PUBLIC SAFETY
BY:
Lt. Colonel Jeffrey E. Raynor
Arizona CJIS Systems Officer
Arizona Department of Public Safety
by order of
TITLE: Colonel Robert C. Halliday
Director
Arizona Department of Public Safety
DATE:
USER: MARICOPA COUNTY _
BY: ____________________________________________
TITLE: ____________________________________________
DATE: ____________________________________________
(Rev. 09/12)