HomeMy WebLinkAbout5.782 Original Contract
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O.ty of Port Angeles
City Clerk's Office
POBox 1150
Port Angeles, W A 98362
2006 1188133
Clallam
County
lnterlocal Agreement
City Clerk File No 5 782
Agreement between the City of Port Angeles and the State of Washington, Administrative Office
of the Courts
Purpose Establish the terms and condition under which the AOC agrees to grant to the Port
Angeles Police Department access to the JIS-Link service
Dated 5/26/06
5. 7&:L
State of Washington
Administrative Office of the Courts
1206 Quince Street SE
PO Box 41170
Olympia, Washington 98504-1170
SERVICE AGREEl\tlENT
For
CERTIFIED
LA W ENFORCEl\IENT AGENCIES
Use of
THE JUDICIAL
INFORMATION SYSTEM'S
JIS-LINK
State of Washington
Administrative Office of the Courts
1206 Quince Street SE
PO Box 41170
Olympia WA 98405-1170
JIS-LINK
SERVICE AGREEMENT
2
The purpose of this Agreement is to establish the terms and conditions under which the AOC
agrees to grant to the Subscriber access to the JIS-Link service.
IN CONSIDERATION of the mutual promises made to each other, as hereinafter set forth, the
AOe and the Subscriber agree as follows:
1. TERM OF AGREEMENT--The term of this Agreement is from the date of its execution by the
AOe and will remain in force until terminated pursuant to Paragraph 10 of this Agreement.
2. WARRANTIES TO THE AOC--The Subscriber warrants that it is a Washington State
certified law enforcement agency.
3. JIS-L1NK SERVICE
a. The AOe provides a facility that allows access to court information contained in the
Judicial Information System (JIS). This facility is called JIS-Link.
b. The court information that the Subscriber is granted access to is set forth in the attached
Exhibit A, which by this reference is hereby incorporated.
c. The AOe, in Its sole discretion, may discontinue or change the JIS-Link service.
d. The AOe is under no obligation to maintain or upgrade any such computer programs
provided under this Agreement, except as it deems appropriate.
4. GRANT OF LICENSE
a. Subject to the performance of the obligations under this Agreement, the AOe hereby
grants a limited, revocable, non-exclusive, non-transferable license (without the right to
grant sublicenses) to use the JIS-Link service to access court information from the JIS-
Link service.
b. The Subscriber shall not gain any proprietary right to, nor interest in, any information
and data provided by the JIS-Link service. Any rights or interest, or any portion thereof,
derived by Subscriber under this Agreement are exclusive to the Subscriber and may
Page I
not be transferred, assigned, or sold for any purpose whatsoever to any person,
corporation, partnership, association, or organization of any kind.
5. OBLIGATIONS OF SUBSCRIBER
a. The Subscriber agrees that the user identifiers, passwords, and computer programs, if
any, supplied by the AGe are for the sole internal use of the Subscriber and will not be
provided to other parties without the written consent of the AGe.
b. The Subscriber agrees to ensure that.
I. Access and use of the JIS-Link service by its employees is only for the purpose of
conducting official law enforcement business;
ii. Access and use of the JIS-Link service by its employees is conducted in a proper
and legal manner;
iii. Access is available only to authorized employees having a cogent need for such
information; and
iv. Use by its employees of the JIS information complies wjth any applicable laws,
court rules, and/or court order.
c. The Subscriber acknowledges that the Subscriber has greater access to court
information than the public and agrees to protect the confidential JIS information from
unauthorized disclosure.
d. Because of the high risk associated with the use of wireless LANS for JIS access, the
Subscriber agrees to comply with the JIS General Policy requirements for wireless
networks A copy of the JIS General Policy Wireless Networks requirements are set
forth in the attached Exhibit B and by this reference is hereby incorporated.
6. COSTS
a. Subscription fees are waived.
b. The Subscnber is responsible for the cost of the computer equipment and method of
accessing the JIS-Link service.
7. DISCLAIMER OF WARRANTIES
a. The AGe provides no warranties, express or implied, including without limitation, the
implied warranties of merchantability and fitness for a particular purpose, with respect to
any computer programs or any information or data provided under this Agreement.
b. The AGe provides no warranties, express or implied, that the information or data
provided is accurate, current, correct, or complete. It is expressly understood by the
parties that it is the responsibility of the Subscriber to verify information or data obtained
under this Agreement against official court information reposing at the court of record
8. LIMITATION OF L1ABILlTY--The Subscriber acknowledges and accepts that all information
and data provided under this Agreement is provided on an liAs Is" basis and that the
information and data may be subject to error or omission and correspondingly agrees that
the AGe shall not be responsible nor liable in any way whatsoever for the validity of any
data provided or for the use of the information and data provided. Specifically:
Page 2
a. The AGC shall not be liable for any demand or claim, regardless of form of action or
venue thereof, for any damages resulting from the use of any information, data, or other
materials provided under this Agreement.
b. The AGC shall not be liable for any demand or claim, regardless of form of action or
venue thereof, for any damages arising form incorrect or incomplete information or data
provided under this Agreement.
c. The AGC shall not be liable to Subscriber or any other party for any loss, including
revenue, profits, time, goodwill, computer time, destruction, damage or loss of data, or
any other indirect, special or consequential damage which may arise from the use,
operation, or modification of data provided under this Agreement.
9. INDEMNIFICATION--The Subscriber agrees to defend, indemnify, and hold harmless the
AOC, its employees, and the State of Washington from all loss, risk of loss, and damages
(including expenses, costs, and attorney fees) sustained or incurred because of, or by
reason of, any claims, demands, suits, actions, judgments, or executions for damages of
any and every kind and by whomever and whenever made or obtained, allegedly caused by,
arising out of, or relating in any manner to any use made of the information or data obtained
under this Agreement.
10. TERMINATION
a. Termination Without Cause--Either the Subscriber or the AGC may terminate this
Agreement by providing written notice of such termination to the other party. Said notice
shall specify the effective date of termination which must be at least thirty (30) calendar
days subsequent to the date such notice was provided.
b. Termination For Cause-The Subscriber accepts full responsibility and liability for any
violations of this Agreement by the Subscriber's employees or agents of the Subscriber
and any such violation shall result in immediate termination of the Subscriber's access
to the JIS-Link services without notice. In such event, the Subscriber shall be liable for
damages as authorized by law.
11. ASSIGNMENT--The Subscriber may not assign this Agreement.
12. SURVIVAL--The provisions of Paragraphs 5,7 and 8 of this Agreement shall survive the
termination of this Agreement.
13. SEVERABILlTY--lf any term, condition, or application of this Agreement is held invalid, such
Invalidity shall not affect any other terms, conditions, or applications of this Agreement
which can be given effect without the invalid term, condition, or application; to this end the
terms and conditions of this Agreement are declared severable.
14. WAIVERlMODIFICATION--Any failure of the AOC to enforce any provision of this
Agreement shall not constitute a waiver of any rights under such provisions or any other
provisions under this Agreement.
15. GOVERNING LAW-- This Agreement shall be governed in all respects by the laws and
statutes of the State of Washington. The jurisdiction for any action hereunder shall be the
Superior Court for the State of Washington. The venue of any action hereunder shall be in
the Superior Court for Thurston County, Washington.
Page 3
16. ENTIRE AGREEMENT--This Agreement contains all the terms and conditions agreed upon
by the parties. No other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be considered to exist or to bind any of the parties unless otherwise
stated in this Agreement.
IN WITNESS WHEREOF, the AOC and the Subscriber have signed this Agreement.
ADMINISTRATIVE OFFICE OF
THE COURTS
SUBSCRIBER
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EXHIBIT A
AUTHORIZED JUDICIAL INFORMATION SYSTEM ACCESS
1. Applications Access
Judicial Information System (JIS)
Superior Court System (SCOMIS)
Appellate Court System (ACORDS)
2. Case Type Security
JIS Case types Available for Access Case Type
Courts of Limited Jurisdiction Case Types
Civil CV
Criminal Felony CF
Criminal Non-Traffic CN
Criminal Traffic CT
Infraction Non-Traffic IN
Parkina PR
Probable Cause PC
Small Claim SC
Superior Court Case Types
Criminal S1
Civil S2
Domestic S3
Probate/Guardianship S4
Juvenile Offense S8
Judgment S9
3. Screen Access
JIS Screens Available for Access Command
Address History ADH
AKA/DBA Alias Information AKA
Case Accountina Notes CAN
Create AR Inquiry CARl
Case Docket Inauiry/Update CDK
Set Court Date COT
Case Financial History Accounts Receivable (ARs) CFHA
Case Financial History Bond/Bail CFHB
Case Financial History Disbursement CFHD
Case Financial History Adjust CFHJ
Case Financial History Receipt CFHR
Case Financial History Summary CFHS
Civil Case Filina Inquiry CIVI
Court Name/Case Index CNCI
Case Disposition Screen CSD
Judgment/Disposition Inquiry CVJI
Defendant Name Address Duplicate DAD
Defendant Case History DCH
Standard Law Enforcement
EXHIBIT A
JIS Screens Available for Access Command
Display Journal Vouchers DJV
Defendant Name Duplicate DND
HearinQs Held HRH
Individual Order History IOH
Joint And Several Inquiry JTSI
Main Menu (with confidentiality messaQe.) MAM
Name Address Duplicate NAD
Case Filing Inquiry/Update NCC
Name Duplicate NMD
Order Update ORD
Order - Inquiry ORDI
Case Participants PAR
Person Information/Update PER
Parkina Vehicle Ticket Inquiry PKV
Non-Civil Plea/Sentencing PLS
State Name/Case Index SNCI
Additional Violations VIO
SCOMIS Screens Available for Access
SCOMIS Command Screen
Search Index Screen
Search Attorney
Accounting Screen
Archive Screen
Attorney Screen
Basic Screen
Calendar Screen
Charae Screen
Docket Screen
Name Screen
Schedule Screen
Sentence Screen
Status Screen
Summar,! Screen
ACORDS Screens Available for Access
Search Screen
Basic Case Screen
Participants Screen
Events Screen
Event Detail Screen
Standard Law Enforcement
EXHIBIT B
JIS General Policy
Wireless Networks Requirements
2.2.9 Wireless Networks
Because of the high risk, this policy is designed to govern the use of wireless
LANs for JIS access, except for public access subscribers. A wireless LAN could
circumvent the network security architecture prescribed in this section. Unless
there is stringent local network security that specifically addresses wireless
LANs, it is easy to install an unauthorized wireless LAN and attach it to a local
network without detection. Without proper security, it is also easy for
unauthonzed users to connect through a wireless LAN even if it is authorized.
2.2.9.1 The AOC, at its discretion, may approve connections from personal computers
on wireless networks, or on networks that include wireless segments provided the
agency responsible for the wireless network certifies in writing that it has done the
following:
2.2.9.1.1 Complied with AOC standards for wireless networks.
2.2.9.1.2 Establish, document, and communicate wireless access security practices
within the agency.
2.2.9.1.3 Implement a program to perform an audit on a regular basis in order to locate
any rogue wireless devices.
2.2.9.2 Agencies approved access from wireless networks or networks including
wireless segments shall certify at least once every two years to the AOC, in writing, that
they are adhering to these wireless policies and applicable AOC technical standards.
2.2.9.3 If the AGC implements a wireless network, it must comply with the requirements
of this section.
2.2.9.4 Public access subscribers are not subject to policies on wireless networks.
Public access subscribers do not have access to confidential data and use SSL
for encryption. In addition, public access subscribers wiff have to pay for any
unauthorized transactions. It is up to them to control and police their networks.
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