Loading...
AG 95-094 '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