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HomeMy WebLinkAbout2020-06-03 - Chelan County District Court - General Agreements / General Service AgreementsChelan County Clerk DATA ACCESS SUBSCRIPTION CASUAL USE AGREEMENT FOR DISTRICT COURT PUBLIC DOCUMENTS TABLE OF CONTENTS 1. Purpose..................................................................................................... 1 2. Definitions........................................................:.........................................1 3. Grant of Subscription.................................................................. . ..........1. 1 4. Term and Effective Date of Agreement...................................................... 1 5. Basic Transaction...................................................................................... 1 5.1 Responsibilities of the Clerk................................................................ 1 5.2 Responsibilities of the Subscriber....................................................... 2 6. Costs ..................................................................................................... 2 7. Restrictions on Use of Information Provided Under Agreement ................. 2 8. Resale/Distribution of Data........................................................................ 3 9. Changes Relating to Information and Data ................................................ 3 10. Support/Assistance....................................................................................3 11. Disclaimer of Warranties............................................................................ 3 12. General Terms and Conditions.................................................................. 3 12.1 Assignment.............................................................................................2 12.2 Entire Agreement.................................................................................... 2 12.3 Governing Law........................................................................................ 3 12.4 Non-Exclusivity....................................................................................... 4 12.5 Notices....................................................................................................4 12.6 Severability.............................................................................................. 4 12.7 Termination..............................................:.............................................. 4 12.8 Termination Procedure............................................................................ 4 12.9 Waiver........................................................................I............................4 13. Signatures................................................................................................. 5 This Agreement (the "Agreement") is entered into by and between the Chelan County Clerk, hereinafter referred to as the "Clerk" and City of East Wenatchee Prosecutors Office. iThe Subscriber's address is 27r1 9tn St. NE, East Wenatchee WA 98801. S Le_w� s - eat 4 �l-Q_vt 1�� v J0 - o t/ Srr^ T! ,3$" IN CONSIDERATION of the mutual promises made to each other, as hereinafter set forth, the Clerk and the Subscriber agree as follows: 1. PURPOSE: The purpose of this Agreement is to establish the terms and conditions under which the Clerk agrees to allow electronic access to public documents, on a subscription basis. 2. DEFINITIONS: As used throughout this Agreement, the following terms shall have the meanings set forth below: 2.1 "Clerk" shall. mean the Chelan County Clerk. 2.2"Court" shall mean the Chelan County District Court. 2.3"Subscriber" shall include all members, employees and agents of the Subscriber. 2.4"Data" shall include any computer readable copies of any public documents provided to the Subscriber. 2.6"Information" shall mean material provided by Clerk in any format, including reports. 2.6"Casual Subscription" means non-exclusive use of a web seat. 3. GRANT OF SUBSCRIPTION: The Clerk hereby grants a casual subscription to the Subscriber for the use of a Web Seat and the data contained therein. 4. TERM AND EFFECTIVE DATE OF AGREEMENT: 4.1 The initial term of this contract is from the date of its execution by the Clerk until December 31, 2020. 4.2The Agreement may be terminated in accordance with the provisions of this agreement. 5. BASIC TRANSACTION: This Agreement sets forth the responsibilities of the parties, costs, and the terms and conditions under which the information will be provided. 5.1 RESPONSIBILITIES OF THE CLERK: The Clerk shall: 5.1.1. Provide Subscriber with access to a Liberty Web Seat © via the internet (the "Web"), and post new cases and other information filed with the Clerk. The Web will contain all open to the public documents filed. 5.2RESPONSIBILITIES OF THE SUBSCRIBER: The Subscriber shall: 5.2.1. Comply with the provisions of this Agreement and all of the terms and conditions contained herein or attached hereto. 5.2.2. Make payment to the Clerk pursuant to this Agreement. 5.2.3. Recognize and hereby acknowledge that the user identifiers and passwords, if any, supplied by the Clerk to the Subscriber are the confidential property of the Clerk, subject to the proprietary rights of the Clerk, and Subscriber agrees to hold such user identifiers and passwords, if any, in the strictest confidence. The Subscriber further agrees to exercise at all times the same care with respect to the user identifiers and passwords, if any, or any other materials or information provided by the Clerk that the Subscriber would exercise in the protection of the Subscriber's own confidential information or property and to not release or disclose passwords to any other party without the Clerk's prior consent. 5.2.4. Upon request by the Clerk, return or destroy any information and data provided by the Clerk in error, including but not limited to documents marked confidential or otherwise not subject to public disclosure. 5.2.5. Subscriber agrees that if, for any reason whatsoever, the Liberty system inadvertently contains any documents and/or information which is confidential under the provisions of GR 31 (Washington State, Rules of General Application), Court Orders or other applicable laws, Subscriber will maintain the confidentiality of such documents and/or information and not to provide or disseminate such information or documents to any other person, firm or corporation. Additionally, Subscriber agrees that any documents and/or information which are confidential under the provisions of GR 31, Court Orders or other applicable laws shall immediately be removed from the Subscriber's CD-ROM or other electronic or optical media. 5.2.6. Subscriber agrees, at the written direction of the Superior Court Clerk or District Court, to immediately delete from its computer hard drive any and all documents and/or information which is determined, at the sole discretion of the District Court, to be confidential under the provisions of GR 31, Court Orders or other applicable laws. 2 5.2.7. Subscriber understands that the disclosure of documents and/or information within District Court Records that is confidential under the provisions of GR 31, Court Orders or other applicable laws, may subject the Subscriber to potential liability and/or legal proceedings. 5.2.8. Subscriber agrees if it or its Users becomes aware of documents and/or information on the Liberty System which is confidential under the provisions of GR 31, Court Orders or other applicable laws they will immediately notify the District Court. 6. COSTS: Subscriber shall make payment of $00.00 in their capacity as City Prosecutor to the Clerk within 30 days of receipt of an invoice from the Clerk. 7. RESTRICTIONS ON THE USE OF INFORMATION PROVIDED UNDER THIS AGREEMENT: 7.1 The information provided to the Subscriber under this Agreement is subject to the restrictions contained in this Agreement. 7.2The Subscriber is responsible for ensuring that access is available only to authorized personnel. 7.3To the extent that the data being accessed is covered by other laws, statutes, court rules and administrative rules and regulations which restrict access to and use of such information and data, the restrictions contained in such laws, statutes, court rules and administrative rules and regulations shall apply to the data accessed under this Agreement. 7.4Any exceptions, revisions or waivers to these limitations requested by the Subscriber must be approved in writing by the Clerk and received by the Subscriber prior to the requested use. 8. RESALE/DISTRIBUTION OF DATA: THE SUBSCRIBER SHALL NOT REPRODUCE, RE -SELL OR OTHERWISE DISTRIBUTE COPIES TO OTHER PARTIES UNLESS SUCH PARTIES ARE ENTITLED TO COPIES. 9. CHANGES RELATING TO INFORMATION AND DATA: The Clerk specifically reserves the right in its sole discretion, to make any changes it deems appropriate relating to the information and data provided under this Agreement, at any time and without prior notice. Such changes include, but are not limited to: altering the character and format of the information based on subsequent court order(s). 10.SUPPORTIASSISTANCE: The Subscriber acknowledges and accepts that all information and data provided under this Agreement is provided on an AS IS basis and that the Clerk shall not be responsible for providing support or assistance of any nature to the Subscriber or to any third party on behalf of the Subscriber. 11. DISCLAIMER OF WARRANTIES: THE CLERK PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE INFORMATION OR DATA PROVIDED IS CURRENT, OR COMPLETE. IT IS EXPRESSLY UNDERSTOOD BY THE PARTIES THAT IT 1S THE RESPONSIBILITY OF THE SUBSCRIBER AND/OR ITS CLIENTS, OR OTHER THIRD PARTIES TO WHOM THE INFORMATION AND DATA IS SUPPLIED TO VERIFY INFORMATION OR DATA OBTAINED UNDER THIS AGREEMENT WITH THE FILER OF THE INFORMATION REPOSING AT THE COURT OF RECORD. 12.GENERAL TERMS AND CONDITIONS; 12.1 ASSIGNMENT: Without the Clerk's prior consent, the Subscriber may not transfer or assign: (i) this Agreement or any portion thereof; (ii) any right or benefit accruing to the Subscriber under this Agreement; nor (iii) any claim arising under this Agreement. 12.2 ENTIRE AGREEMENT: This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous discussions and agreements. Understandings, representations, or warranties not contained in this Agreement or a written amendment hereto shall not be binding on either party. 12.3 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 Chelan County, Washington. 12.4 NON -EXCLUSIVITY: This Agreement is non-exclusive. Nothing contained in this Agreement shall be construed to limit in any way the Clerk's right to enter a like or similar agreement or grant a like or similar agreement to any other entity or party on such terms as the Clerk may in its sole discretion deem appropriate. 12.5 NOTICES: Any notice required or permitted to be given under this Agreement shall be effective if and only if it is in writing. Notice must be given by personal delivery or sent by United States mail; mail to the Subscriber must be sent to Subscriber's address as set forth in this Agreement and mail to the Clerk must be sent to the 4 Kim Morrison, Chelan County Clerk, P. O. Box 3025, Wenatchee WA 98807-3026, or to such other address as each party has notified the other in writing. 12.6 SEVERABILITY: If any term or condition of this Agreement or the application thereof to any person(s) or circumstances 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. 12.7 TERMINATION: 12.7.1. General: This Agreement may be terminated by either the Clerk or the Subscriber upon ten (10) days written notice. Upon termination access fees shall be refunded based on the number of months remaining under this Agreement. 12.7.2. Termination For Nonpayment: The Clerk may immediately, without notice, terminate this Agreement for failure of the Subscriber to pay an invoice outstanding longer than 30 business days. 12.8 TERMINATION PROCEDURE: After receipt of notice of termination for failure to pay an invoice timely, and unless otherwise directed by the Clerk, the Subscriber shall stop dissemination of any information and data provided by the Clerk under this Agreement on the date and to the extent specified in the notice. 12.9 WAIVER: No term or condition of this Agreement shall be held to be waived, modified, or deleted, and no breach excused, except by a written instrument signed by the parties hereto. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. 13.SIGNATURES: The parties hereto, having read this Agreement in its entirety, do agree thereto in each and every particular. CJ_N COUNTY CLERK Kirison, Clerk DATE: —4-74� SU CRIBER DATE: 6�bo 5