AG 95-094 - WA STATE/OAC
'lrt? Cfs-QLj
REC'D
ADMINISTRATOR FOR THE COURTS
JAN 2 51993
STATE OF WASHINGTON
State of Washington
Office of the Administrator for the Courts
SERVICE AGREEMENT
for
COUN'lY AND CI'IY PROSECUTING ATTORNEYS
AND PUBliC DEFENSE COUNSEL
Use of
THE JUDICIAL
INFORMATION SYSTEM'S
JIS- LINK
State of WashiDgtoD
Omce of the AdminIstrator for the Courts
1206 South Quince Street
P. O. Box 41170
Olympia, WuhiDgtoD 98504-1170
JlS-UNK
SERVICE AGREEMENT
This Agreement is entered into this ~ day of January , l~ betWeen the State of
Washington, Office of the Administrator for the Courts, hereafter referred to as the .OAe" and
Federal Way City Prosecuting Attorney. hereafter referred to as the .Subscriber."
The purpose of this Agreement is to establish the terms and conditions under which the OAC agrees
to grant to the Subscriber access to portions of the OAC:s computer data.
TERMS AND CONDmONS OF AGREEMENT
1.
TERM OF AGREEMENT-It is the intent of both parties that this Agreement will become
effective on the date of execution and remain in force until terminated pursuant to Paragraph
7 of this Agreement.
2.
SERVlCES- The OAC will provide the Subscriber with a service called JIS-Unk in order that
the Subscriber may access the case and docket files from the Superior Court Management
Information System (SCOMIS), the DistrictJMunicipal Information System (DISCIS), the
Juvenile Court Information System (JUVIS), and such other OAC data services as may become
available from time to time using the JIS-Unk facility.
3,
OBUGATIONS OF SUBSCRIBER-
3.1
JIS-LINK-
3.1.1 The Subscriber hereby agrees that the user identifiers, passwords, and computer
programs, if any, supplied by the OAC hereunder are for the sole internal use of
the Subscriber and will not be provided to other panies without the written
consent of the OAe.
3.1.2 The Subscn'ber recognizes and hereby acknowledges that the user identifiers,
passwords, and computer programs, if any, supplied by the OAC to the Subscriber
are the confidential property of the OAe, subject to the proprietary rights of the
OAe, and agrees to hold such user identifiers, passwords, and computer programs,
if any, in the strictest confidence. The Subscriber funher agrees to e:xercise at
all times the same care with respect to the materials and information provided
hereunder by the OAC as the Subscriber would e:xercise in the protection of the
Subscriber's own confidential information or property and to not release or
disclose it to any other party except with the written consent of the OAe.
3.1.3 The Subscriber hereby agrees it will comply with the license terms of any
computer programs supplied under this Agreement and that it will not alter or
modify any computer programs without the express written permission of the
OAe.
3.1.4 The Subscriber recognizes and hereby acknowledges that the OAC has no
obligation to maintain or upgrade any such computer programs provided under
this Agreement, except as it deems appropriate.
4.
5,
6.
3.2
INFORMATION ACCESSED-
3.2.1 The Subscriber agrees to provide information on the frequency of use and
knowledge gained and to cooperate with the OAC researchers exploring the
impact of this service.
3.2.2 The Subscriber recognizes and hereby acknowledges that the information accessed
is subject to the proprietary rights of the Judicial Information System (JIS).
3.2.3 The Subscriber agrees that the information accessed is for the use of the
Subsa-iber in' the ordinary COUISe of its business. It is not intended or permitted
to be used for commercial resale.
3.2.4 The Subscriber is responsible for ensuring that access and use of the data by its
employees is conducted in a proper and legal manner, that access is available only
to authorized employees having a cogent need for such information, and that the
data is held in strictest confidence.
3.2.5 The Subscriber recognizes and acknowledges that records contained in the Juvenile
Court Information System (JUVIS) are subject to the provisions of Chapter
13.50 RCW. Further, the Subscriber specifically agrees that the Subscriber will
access such records only when the Subscriber is (i) pursuing an investigation or
case involving the juvenile in question or (ü) assigned responsibility for
supervising the juvenile.
COSTS--
4.1
A one-time, initial set-up fee and recurring usage fees will be charged to the Subscriber
according to the current fee schedule published by the OAc. Fees are subject to change
without notice,
4,2
Fees are waived by the OAC for use by county and city prosecuting attorneys and public
defense counsel.
LIMITATION OF LIABILITY-
5,1
The OAC shall not be liable for any demand or claim, regardless of form of action, for
any damages arising from causes beyond the control and without the fault or negligence
of the OAc.
5,2
The OAC shall not be liable for any demand or claim, regardless of form of action, 'for
any damages resulting from the use by the Subscriber of any computer programs or
other materials provided under this Agreement.
5.3
The OAC shall not be liable for any demand or claim, regardless of form of action, for
any damages arising from incorrect or incomplete information or data accessed from this
service. It is expressly understood by the panies that it is the Subscriber's responsibility
to verify information or data obtained through JIS-Link with official court information
reposing at the court of record.
5,4
The OAC shall not be liable for any demand or claim, regardless of form of action, for
any damages based upon alteration or modification made by the Subscriber of any
computer programs or other materials supplied hereunder unless the OAC made,
directed, or required such modification or alteration,
W ARRANTIES-
6,1
The OAC provides no warranties, express or implied, for any computer programs and
associated materials provided hereunder,
2
Administrator for the
Courts
JAN 2 5 1993
Mail Rool'
7.
8.
9.
10.
11.
12.
6.2
The OAC provides no warranties, express or implied, that the information or data
accessed is accurate, correct, or complete.
6.3
The OAC provides no other warranties of any kind or nature, express or implied, in
connection with this service.
TERMINATION-
7.1
This Agreement may be terminated without cause by either party upon fourteen (14)
days written notice to the other.
7.2
This Agreement may be terminated for cause by the OAC upon written notice to the
Subscriber in the event the Subscriber violates the restrictions contained in Paragraph
3.2.5 of this Agreement,
73
In the event of termination pwsuant to Subparagraphs 7.1 or 7:2 above, the Subscriber
shall, within three (3) workdays, return to the OAC all user identifiers, passwords, and
computer programs and associated materials, if any, provided under this Agreement by
the OAC to the Subscriber and shall destroy any and all backup copies and materials
made by the Subscn'ber.
ASSIGNMENT-The Subscnoer may not assign this Agreement.
SURVIVAL-The provisions of Paragraphs 3, 5, and 6 of this Agreement shall survive the
termination of this Agreement.
SEVERABILI1Y--If any term or condition of this Agreement is held invalid, such invalidity
shall not affect other terms, conditions, or applications 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. If any provision of this Agreement shall be deemed in conflict with
any statute or rule of law, such provision shall be deemed modified to conform to said statute
or rule of law.
WAIVER-Waiver of any breach of any term or condition of this Agreement shall not be
deemed a waiver of any prior or subsequent breach. No term or condition of this Agreement
shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by
the parties hereto,
ENTIRE AGREEMENT--This Agreement, including any written supplements or amendments,
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 OAC and the Subscriber have signed this Agreement.
OFFICE OF 1HE ADMINISTRATOR
FOR 1HE COURTS
SUBSCRffiER
~?~~'~
ry C. McQueen, Administrator
~
DA1E:,....;:1f""..- y~ /'7"'73
3
City Attorney