Res 2615 Tohono O’odham Nation IGA for Police Dispatch Services and Administration 08 26 25

RESOLUTION NO. 2615 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE 
CITY OF TOLLESON AND THE TOHONO O'ODHAM NATION FOR POLICE DISPATCH, 
PROPERTY, AND RECORDS MANAGEMENT SERVICES AT THE WEST VALLEY 
CASINO AND RESORT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE 
AGREEMENT, AND PROVIDING THAT THE AGREEMENT SHALL BE EFFECTIVE 
UPON ITS EXECUTION. 
 
WHEREAS, A.R.S. §§ 11-952 and 13-3872 et seq. authorize public agencies to enter into 
intergovernmental agreements for joint or cooperative action; 
 
WHEREAS, the Tohono O’odham Nation desires to contract with the City of Tolleson to 
provide police dispatch, property, and records management services for the Nation’s Police 
Department at the West Valley Casino and Resort; and 
 
WHEREAS, the Mayor and Council find that the approval of the Intergovernmental 
Agreement (the “Agreement”) is in the best interest of the citizens of Tolleson and serves a valid 
public purpose. 
 
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF 
TOLLESON, ARIZONA, as follows: 
 
Section 1. The recitals above are hereby incorporated as if fully set forth herein. 
 
Section 2. The Agreement between the City of Tolleson and the Tohono O’odham Nation 
for police dispatch, property, and records management services at the West Valley Casino and 
Resort is hereby approved in substantially the form attached hereto as Exhibit A and incorporated 
herein by reference. 
 
Section 3. The Mayor, City Manager, City Clerk and City Attorney are hereby authorized 
and directed to take all steps necessary to cause the execution and delivery of this Agreement 
and to take all steps necessary to carry out the purpose and intent of this Resolution. 
 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this 
26th day of August, 2025. 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
Justin Pierce, City Attorney

EXHIBIT A 
TO 
RESOLUTION NO. 2615 
[Intergovernmental Agreement] 
See following pages.

INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOHONO O'ODHAM 
NATION AND THE CITY OF TOLLESON FOR POLICE DISPATCH SERVICES AND 
ADMINISTRATION 
This Intergovernmental Agreement (this "Agreement") is entered into between the City of 
Tolleson, an Arizona municipal corporation ("Tolleson"), and the Tohono O'odham Nation, a 
federally recognized Indian Tribe (the "Nation"), for the purpose of providing dispatch and 
property and records management services for the Nation's Police Department at the West 
Valley Casino and Resort. 
Whereas, both parties are authorized by A.R.S.§ 11-952 and A.R.S. § 13-3872 et. seq. to enter 
into this Agreement; and 
Whereas, the Nation desires to contract with Tolleson to provide dispatch and property and 
records management services for the Nation's Police Department at the West Valley Casino and 
Resort; and 
Whereas, Tolleson can provide the requested services in exchange for compensation from the 
Nation; and 
Whereas, the Parties desire to provide police dispatch and property and records 
management services more effectively by participating in this Agreement. 
Now, therefore, in consideration of the foregoing recitals, which are incorporated herein by 
reference, the following mutual covenants and conditions, and other good and valuable 
consideration, the receipt and sufficiency of which are hereby acknowledged, Tolleson and 
the Nation hereby agree as follows: 
AGREEMENT 
1. 
Term of Agreement. The initial term of this Agreement shall be from October 1, 2024 
through September 30, 2025 (the "Initial Term") and shall automatically renew itself 
annually for a period of two (2) years upon the first day of October of each year if the 
Nation provides Tolleson written notice, no later than March 31, of funding availability 
for the following fiscal year. 
2. 
Purpose and Intent. The purpose of this Agreement is for Tolleson to provide 
dispatch, property, and records management services for the Nation's Police 
Department at West Valley Casino and Resort. 
2.1. 
 
Records Management Services. Tolleson will provide records 
management services for the Nation which will only include housing and 
dissemination of the reports that are written by the Nation's Officers and 
subcontracted Officers working at the West Valley Casino and Resort.

2.2. 
 
Property and Evidence Services. Tolleson will provide onsite collection of 
the Nation’s Police Department at the West Valley Casino and Resort property 
including evidence items, items awaiting lab testing, dangerous found property 
items (e.g., drugs and guns) items to be destroyed, safekeeping items and 
evidentiary items related to the Nation Police Department operations, not housed 
at the West Valley Casino and Resort or by the Nation Police Department at their 
main location. Tolleson will also input and track all chain of custody records from 
the time of pick up by the Tolleson Police Property and Evidence Custodian. 
Tolleson will provide drop off/pick up of items to/from the DPS crime lab. Tolleson 
will provide training to the Nation’s Police Department officers at the West Valley 
Casino and Resort in proper packaging techniques for DPS lab submissions, safe 
handling procedures and packaging guidelines for Tolleson Police storage. 
Tolleson will hold and eventually destroy items such as drug paraphernalia and 
drugs in accordance with Tolleson Police Department practices and procedures. 
2.3. 
Software Access. Tolleson will provide the Nation access to and use of 
Tolleson's police records management system however, the Nation shall be 
responsible for obtaining their own licenses, purchasing of modules, and 
paying annual software maintenance costs. 
2.4. 
Dispatch Services. Tolleson shall provide Dispatch Services by dispatching 
appropriate Nation Police Department units or subcontracted Officers working 
at the West Valley Casino and Resort upon receipt and identification of a call. 
Tolleson also shall provide Crime Information Services by entering, 
validating, and providing clearance information for the National Crime 
Information Center and the Arizona Criminal Justice Information System under 
the Nation's originating agency identifier for information requested as a 
result of the Dispatch Services. Programming of Nation police radios will be 
done by their subcontractor in accordance with the radio plans of the Nation. 
2.4.1. The City of Tolleson is responsible for the administration of the 
Arizona Criminal Justice Information System ("ACJIS") record files in 
connection with providing the dispatch services by Tolleson on behalf 
of the Nation (Document required Exhibit B) 
3. 
Scheduled downtime. Tolleson, through the Communications Center located at 8350 
West Van Buren, Tolleson, Arizona, 85353, shall be responsible for providing E-9-1-1 and 
non-emergency call answering communications and dispatch services pursuant to this 
Agreement. The Communication Center is operated as a division of the City of Tolleson 
Police Department. Except as otherwise agreed to, Tolleson shall retain exclusive authority 
over the Communication Center. Tolleson agrees to provide the Nation with forty-eight 
(48) hours’ notice of any department scheduled downtime of its communications and 
case management systems.

4. 
Procedures and Protocols. The Nation and Tolleson will work together to develop and 
revise police dispatch procedures and protocols. The parties agree to meet quarterly to 
accomplish this purpose. Programming of Nation police radios will be done by their 
subcontractor in accordance with the radio plans of the Nation and in compliance with 
Regional Wireless Cooperative (RWC). The parties further acknowledge that they shall be 
individually responsible for their respective mobile and portable radios and programming, 
fees, assessments. Whenever a vehicle or portable radio is added to the RWC for the 
Nation to be used with Tolleson communications the monthly RWC subscription fees will 
be added to the quarterly invoice immediately following implementation. 
5. 
Personnel. The Chief of the Tolleson Police Department shall use his reasonable discretion 
to determine the number of personnel to be hired and needed at any given time in order 
to properly provide the Nation necessary services twenty-four (24) hours a day, seven (7) 
days a week. Tolleson shall be responsible for hiring and training all personnel. deemed 
necessary by the Chief of the Tolleson Police Department to serve the dispatch needs of 
the Nation. The personnel shall be employees of the City of Tolleson subject to all City of 
Tolleson rules and regulations under the direction of the Tolleson Police Department. 
Tolleson shall also provide training to the Nation staff and new hires as may be needed 
with respect to the operation of the dispatch and case management systems. 
6. 
Costs. In consideration of the services provided by Tolleson, the Nation shall pay Tolleson 
the amount set forth on Exhibit "A", which will be the annual fee beginning with execution 
of the contract and continuing through the 30th day of September, 2025. 
7. 
Increases: As part of its annual budget process, the Nation shall appropriate sufficient 
funds to cover the annual fee under this Agreement. The Nation agrees that updates may 
be made to the annual fee each year. In order to plan for the annual fee, Tolleson shall 
notify the Nation of the updated annual fee for the following fiscal year on or before 
March 31 of the current fiscal year. The Nation shall pay Tolleson the updated annual fee 
beginning on the 1st day of October and continuing through the 30th day of September, 
for each fiscal year of service until June 2025. The annual fee for each renewal year shall 
be increased by the greater of five percent (5%) per year or the actual cost attributable 
to the provision of services under this Agreement, as determined by Tolleson. In addition, 
should the two parties hereafter agree in writing, Tolleson shall provide, and the Nation 
shall pay for the proportional costs of providing any additional personnel required to 
comply with Section 3. Any additional personnel required to provide service under this 
Agreement shall commence employment on the next renewal date. The method of 
allocating proportional costs for additional dispatch personnel shall be based on each 
entity’s respective calls for service.

8. 
Payment. Upon execution of this Agreement, the Nation shall pay Tolleson an amount 
equal to twenty-five percent (25%) of the total annual fee and shall make the same twenty­ 
five percent (25%) payment on or about the first day of every third month. All start-up 
costs shall be paid upon invoice by Tolleson. 
9. 
Grants. The Parties shall support efforts to apply for and receive Federal and State Grants. 
In the event of termination of this Agreement, all rights to and interest in Federal and 
State grants shall revert to the Party that applied for and received the grant, unless 
otherwise set forth by the terms of the applicable grant. 
10. 
Equipment. The Nation shall purchase or otherwise provide all equipment necessary to 
provide personnel of the Nation with the ability to communicate with the Tolleson 
Communications Center. Equipment required for personnel of the Nation to communicate 
would include items such as handheld and portable radios, Mobile Data Computers 
(MDC), remote access equipment/server, switches, and firewall and microwave link. 
Tolleson will work with the Nation to allow the Nation Police MDC remote access to its 
network and Record Management System (RMS). In the event the Nation does not 
acquire and/or provide the necessary initial equipment, Tolleson will be under no 
obligation to provide communications and dispatch services to the Nation and may 
terminate this Agreement sixty (60) days after notifying the Nation of such initial 
equipment deficiency. During such sixty (60) days, Tolleson is not required to provide any 
service dependent upon such equipment nor supply the missing initial equipment itself. 
10.1. The Nation shall be responsible for maintaining in good working order and 
repairing all initial equipment purchased or provided by the Nation. In the event 
that any initial equipment purchased or provided by the Nation is damaged, lost, 
stolen or no longer operative, the Nation will be responsible for the expense for 
replacement, repair, or reimbursement. Nothing herein shall relieve either party 
from their responsibility to provide their own equipment for receiving 
communications and their own equipment for sending communications. 
10.2. Tolleson shall have the discretion to upgrade any of the equipment/ software 
associated with providing services under this Agreement. In the event that Tolleson 
elects to upgrade the equipment, The Nation shall reimburse Tolleson for the cost 
to upgrade the Nation's equipment in the same manner and time as Tolleson. If 
the Nation does not have funds to reimburse Tolleson in its current budget, the 
Nation shall include the reimbursement cost in its next budget to reimburse 
Tolleson. In the event of a significant capital upgrade (costing more than 
$100,000), Tolleson shall provide the Nation with at least eighteen (18) months prior 
notice of such upgrade, or immediately upon notice from a communications service 
or equipment provider if such upgrade must occur within eighteen (18) months. 
11. 
The Nation shall be responsible for complying with ACJIS certification through the Arizona 
Department of Public Safety.

12. 
No Obligation to Respond. Nothing in this Agreement is intended and shall not be 
construed to require the Tolleson police department to respond to calls for emergencies or 
provide law enforcement services for events that occur in the West Valley Casino and Resort 
or the Nation. Notwithstanding the foregoing Tolleson will render assistance in accordance 
with State statute and City of Tolleson Police Department Policies and Procedures. 
13. 
Hold Harmless and Indemnification. Tolleson agrees to indemnify, defend and hold 
harmless, the Nation and its officers, directors, employees, agents, and affiliates 
(collectively "the Indemnitees") from and against any and all claims, demands, actions, 
judgments, costs, and expenses, including costs of defense, incurred by any of the 
indemnities caused by or arising from the negligence, gross negligence, or intentional 
misconduct of Tolleson, its officers, directors, employees, agents, or contractors. In claims 
against any Indemnitee, the indemnification obligation shall not be limited by a limitation on 
the amount or type of damages, compensation, or benefits payable. This section shall apply 
regardless of whether or not Tolleson's insurance policies are determined to be applicable 
to the claim, demand, damage, injury, liability, loss, cost, or expense. 
14. 
To the extent permitted by law each Party (an "Indemnitor") shall indemnify, hold 
harmless, and defend the other party (the "Indemnified Parties") against all claims and 
lawsuits resulting from any claim, demand, cost, or judgment made against the 
Indemnified Party to the extent arising from any negligent, reckless, or intentional act or 
omission by any of the Indemnitor's employees, agents, or servants in connection with 
work or responsibilities performed pursuant to this Agreement. 
15. 
The Parties further agree that they are not joint employers for the purpose of workers' 
compensation coverage and that any Party's employee assigned by a Party to do work 
under this Agreement shall remain an employee of such Party. 
16. 
Insurance. The Parties mutually agree to provide for their respective financial 
responsibilities with respect to liability arising out of this Agreement through either 
the purchase of insurance or the provision of a self-funded insurance program. The 
Parties shall be fully responsible for any workers' compensation claims made by an 
individual determined to be an employee of that Party. 
17. 
Dispute Resolution. Any material dispute under this Agreement should be decided by a 
neutral party. Tolleson Chief of Police shall have authority to decide and resolve disputes 
of a routine nature, including but not limited to disputes regarding scheduling, internal 
processes, etc. 
18. 
Termination. Either party may terminate this Agreement on the renewal date or for 
convenience upon one hundred eighty (180) days prior written notice to the other 
party. Either party may terminate this Agreement for breach upon providing thirty 
(30) days written notice to the other party.

19. 
Notice. Any notice required to be given under this Agreement will be provided by mail 
to:  
If to Tolleson: 
City of Tolleson 
9055 West Van Buren Street 
Tolleson, Arizona 85353 
Attn: Crystal Zamora, City Clerk  
tolleson.cityclerk@tolleson.az.gov 
With a copy to 
Tohono O'odham Nation 
P.O. Box 830 
Sells, Arizona 85634  
Attn: Police Chief 
20. 
Conflict of interest. No member, official or employee of any of the Parties may have 
any direct or indirect interest in this Agreement, nor participate in any decision 
relating to the Agreement that is prohibited by law. All parties hereto acknowledge 
that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-
511. Each Party warrants that it has not paid or given, and will not pay or give, any 
third party any money or other consideration for obtaining this Agreement, other 
than the costs set forth herein and normal costs of conducting business and costs of 
professional services. 
21. 
General Provisions. There will be no additional charge for administrative fees other 
than as identified in "Exhibit A". 
21.1. The Parties and their respective Councils shall not unreasonably withhold 
appropriate authority to fund this Agreement. Nothing in this Agreement will act 
as an abrogation of the budgeting and appropriation authority of the legislative 
and or governing bodies of the respective Parties. However, in the event that a 
party fails to appropriate funds to effectuate this Agreement, this Agreement shall 
terminate at the end of appropriated fiscal year. 
21.2. No individual member, official or employee of either Party shall be personally liable 
to the other Party, or any successor in interest, in the event of any default or 
breach under the terms of this Agreement. 
21.3. Except as otherwise expressly provided in this Agreement, any failure or delay by 
any party in asserting any of its rights or remedies as to any default will not 
operate as a waiver of any default or of any such rights or remedies or deprive any 
such party of its right to institute and maintain any actions or proceedings which 
it may deem necessary to protect, assert, or enforce any such rights or remedies. 
21.4. If any provision of this Agreement shall be found invalid or unenforceable by a 
court of competent jurisdiction, the remaining provisions of this Agreement will

not be affected thereby and shall be valid and enforceable to the fullest extent 
permitted by law, provided that the fundamental purposes of this Agreement are 
not defeated by such severability. 
21.5. Pursuant to A.R.S. § 41-4401, the Parties mutually warrant that they are in 
compliance with and further acknowledge that: 
21.5.1. They and their subcontractors, if any, warrant their compliance with A.R.S. 
§ 41-4401 and all federal immigration laws and regulations that relate to 
their employees and their compliance with A.R.S. § 23-214, subsection A 
and shall keep a record of the verification for the duration of the 
employee's employment or at least three (3) years, whichever is longer; 
21.5.2. Nothing herein shall make any contractor or subcontractor an agent or 
employee of either of the contracting governmental entities. 
21.6. The captions contained in this Agreement are merely a reference and are not to 
be used to constitute or limit the text. 
21.7. Each party is obligated only to pay its obligations set forth in this Agreement as 
may lawfully be made from funds appropriated and budgeted for that purpose 
during such party's then current fiscal year. Each party's obligations under this 
Agreement are current expenses subject to the "budget law" and the unfettered 
legislative discretion of the party concerning budgeted purposes and 
appropriation of funds. Should either party elect not to appropriate and budget 
funds to pay its obligations, this Agreement shall be deemed terminated at the 
end of the then-current fiscal year term for which such funds were appropriated 
and budgeted for such purpose and such party shall be relieved of any subsequent 
obligation under this Agreement. The Parties agree that each party has no 
obligation or duty of good faith to budget or appropriate the payment of the 
party's obligations set forth in this Agreement in any budget in any fiscal year other 
than the fiscal year in which this Agreement is executed and delivered. Each party 
shall be the sole judge and authority in determining the availability of funds for its 
obligations under this Agreement. The Parties shall keep each other informed as 
to the availability of funds for this Agreement. The obligation of either party to 
make any payment pursuant to this Agreement is not a general obligation or 
indebtedness of such party. The Parties hereby waive any and all rights to bring 
any claim against each other from or relating in any way to either party's 
termination of this Agreement pursuant to this section. 
21.7.1. Nothing in this Agreement shall be viewed as an express or implied waiver 
of either party’s sovereign immunity.

22. 
Confidential Information 
22.1. Defined. The term "Confidential Information" shall mean any and all information 
which is disclosed by either party ("Owner") to the other ("Recipient") verbally, 
electronically, visually, or in a written or other tangible form which is either 
identified or should be reasonably understood to be confidential or proprietary. 
Confidential Information includes, but is not limited to, trade secrets, computer 
programs, software, documentation, formulas, data, inventions, techniques, 
marketing plans, strategies, forecasts, customer lists, employee information, 
financial information, confidential information concerning Owner's business, as 
Owner has conducted it or as it may conduct itself in the future, confidential 
information concerning any of Owner's past, current, or possible future products 
or manufacturing or operational methods, including information about Owner's 
research, development, engineering, purchasing, manufacturing, accounting, 
marketing, selling or leasing, and any software (including third party software) 
provided by Owner. Owner's Confidential Information shall be treated as strictly 
confidential by Recipient and shall not be disclosed by Recipient except to those 
third parties with a need to know and that are operating under a confidentiality 
agreement with non-disclosure provisions no less restrictive than those set forth 
herein. This Agreement imposes no obligation upon the parties with respect to 
Confidential Information which either party can establish by legally sufficient 
evidence: 
22.1.1.i.  
 
 
 
 
 
 
 
 
 
(a) was in the possession of, or was rightfully known by the Recipient 
without an obligation to maintain its confidentiality prior to receipt from 
Owner; (b) is or becomes generally known to the public without violation of 
this Agreement; (c) is obtained by Recipient in good faith from a third party 
having the right to disclose it without an obligation on confidentiality; (d) is 
independently developed by Recipient without the participation of individuals 
who have had access to the Confidential Information; or (e) is required to be 
disclosed by court order or applicable law, provided prior notice is given to the 
Owner. The Recipient shall not obtain, by virtue of this Agreement, any rights 
title or interest in any Confidential Information of the Owner. Within fifteen 
(15) days after termination of this Agreement, each Recipient shall certify in 
writing to Owner that all copies of Owner's Confidential Information in any 
form, including partial copies, have been destroyed or returned to Owner. 
Both parties acknowledge that either party may be required to release 
information under requests made under the provisions of law. 
23. 
Standard of Care. Tolleson shall protect the deliverables resulting from services with at 
least the same degree of care and confidentiality, but not less than a reasonable standard 
of care, which Tolleson utilizes for its own Confidential Information.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by 
the proper officers and officials. 
By: 
 
_____________________________By: _________________________________ 
Title: ____________________________________Title: ________________________________ 
Date:   
_____________________________Date: ________________________________

EXHIBIT A 
CITY OF TOLLESON 
Summary of Annual Costs - FY 2025 - PROPOSAL 
Tohono O'odham Nation - Police Department Support Services 
 
 
 
 
 
 
 
 
 
Account Title 
Updated Amount 
51001 Wages - Full Time 
$ 
1,307,000.00 
51003 Wages - Overtime 
$ 
130,000.00 
51032 Cell Phone Allowance 
$ 
1,000.00 
52001 FICA Tax 
$ 
88,000.00 
52002 Medicare Tax 
$ 
20,800.00 
52003 Arizona State Retirement 
$ 
150,000.00 
52004 ASRS Long Term Disability 
$ 
2,100.00 
52010 Deferred Comp 
$ 
12,200.00 
52030 Health Insurance 
$ 
327,000.00 
52031 Dental Insurance 
$ 
16,000.00 
52032 Life Insurance 
$ 
2,400.00 
52033 Vision Insurance 
$ 
2,000.00 
52035 Short Term Disability 
$ 
3,000.00 
52050 Workers Compensation 
$ 
4,200.00 
53002 Professional Services 
$ 
197,000.00 
53003 Maintenance Services 
$ 
4,500.00 
53050 Electricity 
$ 
54,500.00 
53054 Phone Service 
$ 
7,500.00 
53101 Supplies 
$ 
4,000.00 
53104 Dues and Subscriptions 
$ 
22,000.00 
53106 Apparel 
$ 
3,500.00 
53299 Misc Expenses 
$ 
1,500.00 
53401 Travel Expense 
$ 
4,000.00 
53402 Food and Meals 
$ 
8,000.00 
53403 Registration 
$ 
3,000.00 
53411 Employee Development 
$ 
5,000.00 
Total Budget 
$ 
2,380,200.00 
 
Tohono Allocation % 
9.00% 
Property Investigation Salary 
$ 
85,245.52 
Tohono Allocation Costs 
$ 
299,463.52

EXHIBIT B 
Required document 
ARIZONA CRIMINAL JUSTICE INFORMATION 
SYSTEM HOLDER OF RECORD AGREEMENT 
Between the 
TOLLESON POLICE DEPARTMENT 
This agency hereinafter shall be known as “Holder of Record” and 
TOHONO O’ODHAM NATION 
This agency hereinafter shall be known as 
“Owner of Record” 
 
The National Crime Information Center (NCIC) and the Arizona Criminal Justice 
Information System (ACTIS) are computerized information systems established as a 
service to all criminal justice agencies. The goal of the NCIC and ACJIS is to assist the 
criminal justice community in performing its duties by providing and maintaining 
computerized information systems of accurate and timely criminal justice information. 
The use of these systems obligates participating agencies to abide by the established 
policies and procedures regarding such use. NCIC and ACJIS require: 
 
1.  
Any agency that has investigative authority and jurisdiction and has an NCIC-
assigned Originating Agency Identifier (ORI) must enter records into NCIC/ACTIS as 
soon as reasonably possible after minimum information is available. 
 
2. Every agency that enters records destined for NCIC or ACJIS must assure that hit 
confirmation is available for all records, except III records (records from criminal 
history checks), 24 hours a day either at that agency or through a written agreement 
with another agency, at its location. “Hit confirmation” means the process of 
confirming a positive match from the ACIC/NCIC database before taking action on a 
person or property identified in the record. 
 
3.  
An originating agency must, within ten minutes for requests, designate urgent or 
within one hour for requests designated as routine, furnish to any agency 
requesting confirmation of information entered into ACIC/NCIC, a response indicating 
a positive or negative confirmation or a notice of the specific amount of time 
necessary to confirm or reject. 
 
Holder of Record is: 
  X 
 
A 24-hour terminal agency 
Owner of Record is: 
  X 
 
A non-terminal 24-hour agency 
 
 
 
A terminal non-24-hour agency 
 
 
 
A non-terminal/non-24-hour agency

Holder of Record is a criminal justice agency with the assigned NCIC ORI of AZ0073100. 
Owner of Record is a criminal justice agency with the assigned NCIC ORI of AZ0101200. 
Both agencies agree to abide by all rules, procedures, and policies of the NCIC or the Federal 
Bureau of Investigation (FBI) and ACJIS under the authority of A.R.S. §§ 41-1750 and 41- 1751 
and the International Justice and Public Safety Information Sharing Network (Nlets), and are 
subject to the terms and conditions listed below: 
TERMS AND CONDITIONS 
3.1  
Purpose of Agreement. The purpose of this Agreement is to establish 
responsibility for records entered into NCIC/ACJIS by the Holder of Record under its NCIC-
assigned ORI on behalf of the Owner of Record. As they relate to records entered for the 
Owner of Record, the Holder of Record assumes the following responsibilities: 
• Responsibility for data entry. 
• Responsibility for documentation. 
• Responsibility for cancellation and modification of entries. 
• Responsibility for timeliness of entries, cancellations, and modifications. 
• Responsibility for his confirmation. 
• Responsibility for validation of entries. 
3.2 Rules. The exchange of all information covered by the terms of this Agreement shall be in 
strict compliance with all federal and state laws and regulations relating to the collection, 
storage, or dissemination of criminal justice information and criminal history record 
information; with all rules, procedures, and policies adopted by the FBI CJIS Advisory 
Policy Board (APB) with regard to information furnished through the FBI NCIC program; 
and with all rules, policies and procedures contained in the ACJIS and NCIC Operating 
Manuals, CJIS Security Policy; Title 28, Code of Federal Regulations, Part 20; and with all 
rules, policies and procedures of the Arizona Law Enforcement Telecommunications 
System (Alerts)/International Justice and Public Safety Information Sharing Network 
(Nlets) for ACJIS/NCIC policies unless otherwise provided. The user has the burden of 
giving notice of the requirements of all the above-named rules and regulations to its 
employees and the other agencies or individuals to whom the user might disseminate 
information derived pursuant to this Agreement. 
3.3 Secondary Dissemination. Both agencies agree to assume full responsibility and full 
liability for the release of criminal history record information and/or criminal justice 
information. The parties acknowledge that unlawful use of criminal history information 
and/or criminal justice information, as defined in A.R.S. § 41-1756, is a class 6 felony.

3.4 Sanctions 
• Cancellation. This Agreement shall remain in effect unless terminated by either 
agency. Either the Holder of Record or Owner of Record may, upon 30 days written 
notice of the other agency and to the DPS, cancel this Agreement. Each agency 
reserves the right to terminate this Agreement with or without notice upon 
determining that the other agency has violated any law, rule, or regulation concerning 
criminal justice information or violated the terms of this Agreement. Termination shall 
not negate the obligation of either agency to maintain records entered under this 
Agreement to ensure their accuracy and timeliness. 
•  
Suspension of Service. The Arizona Department of Public Safety (DPS), as the CJIS 
Systems Agency (CSA), reserves the right to suspend telecommunications service to 
the Holder of Record named herein, likewise the Holder of Record reserves the right 
to suspend telecommunications service to the Owner of Record when any rules, 
policies, or procedures of NCIC, ACJIS, or Nlets have been violated. The DPS will review 
circumstances surrounding the suspension or termination of the Agreement and 
make a final decision relative to further continued agency participation in ACJIS. 
3.5  Indemnification. To the extent permitted by law, both the Holder of Record and the 
Owner of Record agree to indemnify and save harmless the DPS, 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 the USER pursuant to this Agreement. This paragraph does not 
apply to other Arizona state agencies who are covered by the Arizona Department of 
Administration.