Criminal Justice Information Services Agreement

Criminal Justice Information Services Agreement

This Criminal Justice Information Services Agreement (the Agreement) is entered into as of by and between Provider Agency: with mailing address ("Provider"), and Recipient Agency: with mailing address ("Recipient").

RECITALS

WHEREAS, Provider operates and administers criminal justice information systems including criminal history record information, fingerprint-based identification services, and related data (collectively, the Services) and maintains custody and control over criminal justice information subject to statutory and regulatory restrictions;

WHEREAS, Recipient seeks access to the Services for legitimate criminal justice purposes, as defined under applicable law and the policies and procedures established by Provider, and agrees to meet the security and handling requirements necessary to protect the integrity and confidentiality of the criminal justice information;

WHEREAS, the parties desire to set forth their respective obligations, conditions of access, and remedies with respect to Recipient's access to and use of the Services.

NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

1.1 "Criminal Justice Information" means criminal history record information, fingerprint data, disposition information, protective orders, and other records maintained and distributed by Provider that are subject to legal restrictions.

1.2 "Authorized User" means an individual employed by or under contract with Recipient who has completed required background checks and training and who has been granted access by Provider pursuant to the terms of this Agreement.

2. GRANT OF ACCESS

2.1 Subject to the terms and conditions of this Agreement, Provider grants Recipient a non-exclusive, non-transferable right to access and use the Services solely for authorized criminal justice purposes. Access is limited to the level and scope expressly authorized in writing by Provider.

2.2 Recipient shall not permit use of the Services for non-criminal-justice purposes, including commercial solicitation, private investigations for hire, or any purpose inconsistent with applicable statutes or regulations.

3. AUTHORIZED USERS; BACKGROUND CHECKS

3.1 Recipient shall maintain a list of Authorized Users and provide such list to Provider upon request. Recipient must ensure each Authorized User undergoes fingerprint-based background checks, employment verification, and any clearance required by Provider prior to being granted access.

3.2 Recipient represents that it will not allow any individual to be an Authorized User who has not met the background check standards or who has disqualifying convictions as established by Provider.

4. SECURITY AND DATA PROTECTION

4.1 Recipient shall implement and maintain technical, administrative, and physical safeguards reasonably designed to protect Criminal Justice Information from unauthorized access, disclosure, alteration, or destruction. Safeguards shall include, at a minimum, role-based access controls, unique user authentication, encrypted transmission where required by Provider, and maintenance of audit logs.

4.2 Recipient shall not store Criminal Justice Information on portable media or personal devices unless expressly authorized in writing by Provider and secured in accordance with Provider's requirements.

5. USE AND DISSEMINATION RESTRICTIONS

5.1 Recipient shall use Criminal Justice Information only for authorized purposes and shall not redisclose such information except as permitted by law and as expressly authorized by Provider. Any permissible redisclosure shall be on a need-to-know basis and subject to Recipient's written policies consistent with Provider's policies.

5.2 Recipient shall maintain records of all disclosures and shall make such records available to Provider for inspection upon request.

6. AUDIT AND MONITORING

6.1 Provider reserves the right to audit, monitor, and review Recipient's systems, personnel, policies, and practices to verify compliance with this Agreement. Recipient shall cooperate and provide reasonable access to facilities, systems, and personnel.

7. INCIDENT RESPONSE; BREACH NOTIFICATION

7.1 In the event of any actual or suspected security incident, unauthorized access, or disclosure involving Criminal Justice Information, Recipient shall notify Provider immediately and in no event later than hours of discovery. Notification shall describe the nature of the incident, data affected, steps taken to mitigate harm, and corrective actions planned.

7.2 Recipient shall cooperate with Provider's incident response investigations, remediation efforts, and any required notices to affected individuals or authorities.

8. TRAINING AND COMPLIANCE

8.1 Recipient shall require Authorized Users to complete initial and periodic refresher training concerning the proper handling of Criminal Justice Information, privacy obligations, and security procedures. The training must be documented and retained for inspection by Provider.

9. FEES

9.1 If applicable, Recipient shall pay fees for access or services as specified by Provider. Fees are due within the timeframe set forth in Provider's billing notification and are non-refundable unless expressly provided otherwise.

10. TERM AND TERMINATION

10.1 The term of this Agreement commences on and shall continue until , unless earlier terminated in accordance with this Agreement.

10.2 Provider may suspend or terminate access immediately upon notice if Recipient or any Authorized User materially breaches this Agreement or if continued access would jeopardize the integrity of the Services or violate law.

11. CONFIDENTIALITY

11.1 Recipient shall treat all Criminal Justice Information as confidential and shall not disclose such information except as permitted by law and this Agreement. Recipient shall implement policies to ensure confidentiality and shall require third-party vendors to adhere to equivalent confidentiality obligations.

12. INDEMNIFICATION; LIMITATION OF LIABILITY

12.1 Recipient shall defend, indemnify, and hold Provider harmless from and against any claims, liabilities, losses, or expenses (including reasonable attorneys' fees) arising from Recipient's breach of this Agreement, misuse of Criminal Justice Information, or unauthorized disclosures.

12.2 Except to the extent caused by Provider's gross negligence or willful misconduct, Provider's liability under this Agreement shall be limited to direct damages and shall not include consequential, incidental, punitive, or special damages.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict of law principles.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

16. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate by notice in accordance with this section. Notices shall be deemed effective upon receipt.

17. AMENDMENTS; WAIVER; COUNTERPARTS

17.1 No amendment or modification of this Agreement shall be effective unless made in writing and signed by authorized representatives of both parties.

17.2 No failure or delay by either party in exercising any right or remedy shall operate as a waiver of that right. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument.

18. MISCELLANEOUS PROVISIONS

18.1 Remedies under this Agreement are cumulative and in addition to any remedies available at law or in equity, including injunctive relief. Recipient acknowledges that unauthorized access to or disclosure of Criminal Justice Information may cause irreparable harm for which monetary damages may be inadequate.

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