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HomeMy WebLinkAbout5.782 Original Contract : i l E [; r Ij R :{;:. C ...>.~; <1(; -j ~ ~: C J ~ ~, _: -, Filed at the Request of -':~J+~ "~,,~rj-- .._, ....t...., I, ,,;,. '-~/',H I~'"':. Z005 SEP 2 I f;;1 10: 20 ~ 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 DATE: ~/ ::s-htJ(;; t- ~?~~~k ~ignature/Title !:>-P6/~6 / / DATE: ~4:-.- ~d~th anet cane, miniS r or 04/2006 Page 4 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. )