HomeMy WebLinkAboutAG 06-057 - STATE OF WASHINGTON A.O.C. DATgIN: I DATE OUT: I TO: ~ P, ' ~ CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.IDIV: ~ Il5 2. ~Cce)'~. EXT: 3. DATE REQ. BY: ORIGINATING STAFF PERSON: \ 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o SECURITY DOCUMENT (E.G. AGREEMENT & o MAINTENANCE/LABOR AGREEMENT PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o PUBLIC WORKS CONTRACT o CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) (LESS THAN $200,000) o CONTRACT AMENDMENT AG#: o PURCHASE AGREEMENT) D CDBG , (MATERIALS, SUPPLIES, EQUIPMENT) j( OTHER ~\U o..q r.u..rner4- o REAL ESTATE DOCUMENT 5. PROJECT NAME: o...~ - ~f"\j:)-€..~ 6. .Ll, TELEPHONE TITLEon.m\Y'\\~ 7. ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES D ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: (\D ex\>, (C.,,*,<rn 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES D NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES D NO IF YES, $ PAID BY: D CONTRACTOR 0 CIT 10. CONTRACT REVIEW INITIALIDATE APPROVED INITIALIDATE APPROVED o PROJECT MANAGER D DIRECTOR o RISK MANAGEMENT 5/e]olp o.w ~Clo Q(r.AW r .vPrt2- 11. CONTRACT SIGNATURE ROUTING ~~ID~~ INITIALIDATE APPROVED ~ LAW DEPARTMENT o CITY MANAGER o CITY CLERK o SIGN COPY BACK TO OR~ATING DEPT. XASSIGNED AG# C(p-() -,_ o PURCHASING: PLEASE CHARGE TO: COMMENTS 07/05 I .Ij *'. t: WASHINGTON COURTS ADMINISTRATIVE OFFICE OF THE COURTS Janet L. McLane State Court Administrator May 3, 2006 TO: JIS-Link Subscribers FROM: Katherine Kuriyama, Data Dissemination Administrator RE: REVISED SERVICE AGREEMENT FOR JIS-LINK The Administrative Office of the Courts (AOC) is replacing the current JIS-Link Service Agreement with the enclosed Service Agreement to comply with the General Court Rule 31- Access to Court Records requirements. The new Service Agreement does not change your access to JIS-Link information. Please insert your agency name and address on the space provided in paragraph one of the Service Agreement and have a person with contract signing authority sign and date the last page of the Service Agreement. The signed original Service Agreement should be returned to the AOC in the enclosed envelope. We will mail. you a copy of the executed Service Agreement for your records. Please e-mail Suzanne Hellman at: Suzanne.Hellman@courts.wa.Qov if you have any changes in the following information: . JIS-Link Site Coordinator . Mailing address . Telephone number . E-mail address If you have any questions, please call or send Suzanne Hellman an e-mail. Her direct telephone number is (360) 705-5277. Enclosures STATE OF WASHINGTON 1206 Quince Street SE . P.O. Box 41170 · Olympia, WA 98504- 1170 360-753-3365 . 360-586-8869 Fax. www.courts.wa.gov ____u__ It ;' i . . .1 ., ' \ '. State of Washington Administrative Office of the Courts 1206 Quince Street SE PO Box 41170 Olympia, Washington 98504-1170 SERVICE AGREEMENT For COUNTY and CITY PROSECUTING ATTORNEYS Use of THE JUDICIAL INFORMATION SYSTEM'S JIS-LINK \; \ 4,. State of Washington / , " Administrative Office of the Courts '. 1206 Quince St SE PO Box 41170 Olympia WA 98504-1170 JIS-LINK SERVICE AGREEMENT This Agreement is entered into by and between the Administrative Offices of the Courts, an office of the JudiCia~rl[lnCh of t~ Wash~9ton State govern~ent, here~after ref~d to as the "AOC" and { .J.~ C!: s;..e ' t r~ (IJ~~ ( tp Src ~ t)r \ 0 'c <- hereinafter referred to as t e "Sub~iber." ~e Subscri er's add~ss i .3 . ~ 3 'l- ~"v'c. PC). '{ 'lr-o. \.v~y t;-f1 '1 f ~ 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 AOC and the Subscriber agree as follows: 1. TERM OF AGREEMENT--The term of this Agreement is from the date of its execution by the AOC will remain in force until terminated pursuant to Paragraph 10 of this Agreement. 2. WARRANTIES TO AOC--The Subscriber warrants that it is a Washington State prosecuting attorney's office. 3. JIS-LlNK SERVICE 8. The AOC 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 AOC, 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 8. Subject to the performance of the obligations under this Agreement, AOC 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 Subscriber and may not be transferred, assigned, or sold for any purpose whatsoever to any person, corporation, partnership, association, or organization of any kind. Page 1 . < ( . . 5. OBLIGATIONS OF SUBSCRIBER . 8. The Subscriber agrees that the user identifiers, passwords, and computer programs, if any, supplied by the AOC are for the sole internal use of the Subscriber and will not be provided to other parties without the written consent of the AOC. 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 prosecuting attorney business; ii. Access and use of the JIS-Link service by its employees complies with all current, or as subsequently amended federal and state law, court rules, and administrative rules and policy governing, regulating and/or relating to the dissemination of the information; 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 with 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. The Subscriber further acknowledges that records contained in the Juvenile Court Information System (JUVIS) or any replacement application for JUVIS are subject to the provisions of Chapter 13.50 ReW and agrees that the Subscriber will access such records only when the Subscriber is (1) pursuing an investigation or case involving the juvenile in question, or (2) assigned responsibility for supervising the juvenile. 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 8. Subscription fees are waived. b. The Subscriber is responsible for the cost of the computer equipment and method of accessing the JIS-Link service. 7. DISCLAIMER OF WARRANTIES 8. The AOC 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 AOC 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 LlABILlTY--The Subscriber acknowledges and accepts that all information and data provided under this Agreement is provided on an "As Is" basis and that the information and data may be subject to error or omission and correspondingly agrees that the AOC 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 ... . 'W a. The AOC 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 AOe 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 AOC shall not be liable to the 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 AOC 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. SURVIV AL-- 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 eourt for the State of Washington. The venue of any action hereunder shall be in the Superior Court for Thurston County, Washington. Page 3 --~-- . . . , 16. ENTI~E 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 ~.~, . . ~. ~-~ , Janet McLane, Administr or (J SignaturelTitle Cl,,'e. DATE: b~-zhr:;o~ DATE: 5 /r/ 0 G / / 04/2006 Page 4 . I 't . EXHIBIT A .~ AUTHORIZED JUDICIAL INFORMATION SYSTEM ACCESS 1. Applications Access Judicial Information System (JIS) Superior Court System (SeeM IS) Juvenile & Corrections System (JCS) Appellate Court System (AeORDS) Felony Offender Reporting (FORS) Inside Washington Courts Web Site Department of Licensing (DOL)-Abstract of Driving Record Only 2. Case Type Security JIS Case types Available for Access Case Type Courts of Limited Jurisdiction Case Types Civil CV Criminal Felonv CF Criminal Non-Traffic CN Criminal Traffic eT Infraction Non-Traffic IN Parkina PR Probable Cause PC Small Claim SC SUDerior Court Case Types Criminal S1 Civil S2 Domestic S3 Probate/Guardianship S4 Juvenile Offense S8 Judament S9 JSC Referral Types Administrative Procedures-Offender AO Juvenile Infraction JI Juvenile Offender JO Standard Prosecuting Attorney \ ~ ., EXHIBIT A . t. 3. Screen Access JIS Screens Available for Access Command Address Historv ADH AKA/DBA Alias Information AKA Case Accountino Notes CAN Create AR Inquiry CARl Case Docket InQuiry/Update CDK Set Court Date COT Case Financial Historv Accounts Receivable (ARs) CFHA Case Financial Historv BondlBail CFHB Case Financial History Disbursement eFHD Case Financial Historv Adiust eFHJ ease Financial Historv Receiot CFHR Case Financial Historv Summary CFHS Civil Case Filing InQuirv CIVI eourt Name/Case Index eNel Case Oblioation Status COS Case Disposition Screen eSD Judoment/Disposition 'nouirv CVJI Defendant Name Address Duolicate DAD Defendant Case History DCH Disolav Journal Vouchers DJV Defendant Name Duplicate DND Abstract Of Driving Record DOL Hearinos Held HRH Individual Order Historv IOH Joint And SeverallnQuirv JTSI Main Menu (with confidentialitv message.) MAM Name Address Duplicate NAD ease Filino Inouirv/Update NCe Name Duplicate NMD Order Update ORD Order - Inouiry ORDI Case Participants PAR Person Information/Uodate PER Parkino Vehicle Ticket InQuirv PKV Non-eivil Plea/Sentencing PLS State Name/Case Index SNel Additional Violations VIO Standard Prosecuting Attorney ~I . . EXHIBIT A - SCOMIS Screens Available for Access SeOMIS Command Screen Search Index Screen Search Attornev Accounting Screen Archive Screen Attorney Screen Basic Screen Calendar Screen Charge Screen Docket Screen Name Screen Schedule Screen Sentence Screen Status Screen Summary Screen JCS Screens Available for Access Menu Selection Addresses Person>Display>Addresses Conditions Referral>Maintenance>Dispositions>Conditions Criminal History Referral>eriminal Historv Dispositions Referral>Maintenance>Dispositions Individual Information Person>Displav>lndividuallnformation Name Search Search>Name Search Participants Person>Maintenance>Participants Phones Person>Display>Phones Pictures Person>Maintenance>Pictures Probation Official Person>Maintenance>Probation Official Social File Person>Maintenance> Probation Official Reasons Referral>Maintenance>Reasons Referral Historv Referral> Referral History Referral List Referral>Referral List Relationships Person> Displav>Relationships Tracking Tracking ACORDS Screens Available for Access Search Screen Basic Case Screen Participants Screen Events Screen Event Detail Screen Standard Prosecuting Attorney .4 ~ '. . .. , 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 unauthorized users to connect through a wireless LAN even if it is authorized. 2.2.9.1 The AOe, 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 AOe, in writing, that they are adhering to these wireless policies and applicable AOC technical standards. 2.2.9.3 If the AOC 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 will have to pay for any unauthorized transactions. It is up to them to control and police their networks.