HomeMy WebLinkAboutYakima County Clerk - Subscription Agreement Data Access for Odyssey Portal , S-iATt;(
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Billie Maggard,COUNTY CLERK 128 NORTH SECOND STREET,ROOM 323 YAKIMA WA 98901
Subscription Agreement
Data Access for Odyssey Portal
Revision Date: March 2024
THIS AGREEMENT is entered into in duplicate originals between the YAKIMA COUNTY CLERK,
(hereinafter " l rk") kvt i ,princip I offi sat 12 North Second St. Rm #323, Yakima Washington
98901 and �a ct )/Lt(l.lx, iL tJ c , with its principal offices at,
F4.... irm 1 Age Name) i' C�
t-OQ : 5 .- I-1. Cl 1v �Ct / (hereinafter "Subscriber").
(Street Address, -and PO Box if applic ore- City, State, Zip)
In consideration of the mutual terms, conditions and covenants hereinafter set forth, Clerk and Subscriber
agree as follows:
1. PURPOSE: The purpose of this Agreement is to establish the terms and conditions under which the
Clerk agrees to provide electronic access to public documents.
2. DEFINITIONS: As used throughout this Agreement, the following terms shall have the meanings set
forth below:
• "Agreement" shall mean this agreement upon being duly executed by authorized individuals for
each party.
• "Clerk" shall mean the Yakima County Clerk.
• "Court" shall mean the Yakima County Superior Court.
• Attorney "Subscriber" shall mean an attorney, law firm, and its managing member or authorized
employees whose primary purpose is the provision of legal services. Attorneys who enter into
subscription agreements with the Clerk will be given access to non-confidential court records.
Attorney Subscriber may request access to the confidential file of a court case wherein he/she is
an attorney of record but will not be given access to those case types that require a court order for
access.
• Non- Attorney "Subscriber" shall mean persons who desire electronic access to non-confidential
court records, but who are not regularly engaged in the provision of legal services.
• "User" shall mean those individuals employed by a Subscriber who is authorized by the Subscriber
to have electronic access.
• "Data" shall include any computer readable copies of any public documents provided to the
Subscriber.
• "Information" shall mean material provided by Clerk in any format, including reports.
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3. TERM AND EFFECTIVE DATE OF AGREEMENT:
The term of this Agreement shall commence on the date of execution by the Clerk and continue for one
calendar year, unless terminated earlier as provided for herein. The parties may renew this Agreement for
additional one-year periods upon Subscriber's payment of the annual fee.
4. SCOPE OF THE AGREEMENT:
RESPONSIBILITIES OF THE CLERK:
a. The Clerk shall provide Subscriber access through Odyssey Portal via the internet(the "Web")
to those electronic records in the Clerk's Court Records available for access by the public which
the Clerk has prepared for such access.
b. The Clerk makes no representations about the accuracy or completeness of the filed
documents. The Clerk further 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 is the
responsibility of the Subscriber and/or its employees and clients to verify information or data
obtained under this Agreement with the filer of the information reposing at the court of record.
c. Access will be provided seven (7) days a week, 24 hours per day excluding scheduled
maintenance periods, interruption in Subscriber's Internet service, or any delay or lapse in
service as set forth in Section 8.
RESPONSIBILITIES OF THE SUBSCRIBER:
a. An Attorney Subscriber warrants that he/she is a member in good standing of the Washington
State Bar Association, that the primary purpose of his/her business is the provision of legal
services.
b. The Subscriber assumes all risk of relying on the data and information accessed pursuant to
this Agreement.
c. The Subscriber shall be responsible for all activities of users who obtain access through use of
the Subscriber's user identifier and password. The Subscriber shall not allow access to the
Clerk's information system by unauthorized persons.
d. The Subscriber will be responsible for all training of their personnel in the operation of
equipment and software used to connect to, and operate, the Odyssey Portal internet
application.
e. The Subscriber shall not publish or sell data or information obtained pursuant to this Agreement
unless otherwise provided herein. Subscriber shall not acquire any proprietary rights, exclusive
or otherwise, to any data or information obtained pursuant to this Agreement.
f. It shall be the Subscriber's obligation to ensure that only authorized users have access to the
services provided through the Subscriber's subscription. Each user is required to have a
personal login account. No person may access documents without using the personal login
account assigned to that person. Violation of this provision shall result in immediate suspension
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of access to the data and information and may result in termination of the Agreement pursuant
to Section 9.
g. The Subscriber shall comply with the provisions of this Agreement and all the terms and
conditions herein.
h. The Subscriber always agrees to exercise 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 person without the Clerk's
prior consent. If the Subscriber becomes aware of any release or unauthorized use of user
identifiers or passwords, Subscriber shall notify Clerk immediately to arrange to reset the
identifiers or passwords.
i. Upon request by the Clerk, Subscriber shall return or destroy any information and data provided
by the Clerk in error, including but not limited to documents marked confidential, sealed or
otherwise not subject to public access. The Subscriber shall notify the Clerk if a document
marked confidential, sealed or otherwise not subject to public disclosure has been found in the
public view.
j. 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 any third party on behalf of the
Subscriber.
5. AMENDMENTS AND CHANGES IN WORK
a. No amendment, modification or renewal shall be made to this Agreement unless set forth in a
written Agreement Amendment, signed by both parties. All amendments, modifications or
renewals shall be signed by both parties and attached to this Agreement. Work under an
Agreement Amendment shall not proceed until the Agreement Amendment is duly executed by
the Clerk.
b. The Clerk specifically reserves the right, in its sole discretion, to make any changes it deems
appropriate 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).
6. REPRESENTATIVES TO THIS AGREEMENT
Each party to this Agreement shall have an Agreement representative. Each party may change its
representative upon providing written notice to the other party. The parties' representatives are as follows:
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For Subscriber:
Name of Representative: PCt. , U I S
Title: (' '-kJ .oi"/�e
Mailing Address: I— I 1
City, State, Zip: UL�.n'. iJC /8 WI
Telephone Number: J(Y-1 — S 75-Q 030
Fax Number:
E-mail Address: 04-10 id/ ) tuk 0 V
For Clerk:
Name of Representative: Kerrie Regimbal
Title: Clerk's Records Supervisor
Mailing Address: Yakima County Clerks Office/ 128 N. 2t Street, Room 323
City, State, Zip: Yakima WA 98901
Telephone Number: 509-574-1430 ext. 1447
Fax Number: 509-574-1437
YakimaOdysseyPortal(co.yakima.wa.us/
E-mail Address: kerrie.regimbal(a�co.yakima.wa.us
7. COMPENSATION
The Subscriber shall pay Clerk for services provided pursuant to this Agreement.
a. A fee based on the number of staff you employ is due and payable to the Clerk. This amount
is due and payable at the time of the execution of this Agreement. No refund shall be provided
under this Agreement. This fee includes the cost of the Portal registration, maintenance, overhead
and expenses.
Company/Firm/Division Size Annual Fee
1-3 Individuals/employees $100.00
4-6 Individuals/employees $250.00
7-10 Individual/employees $500.00
More than 10 Individuals/employees $600.00
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b. Clerk will invoice the Subscriber yearly, with the execution date of this Agreement determine the
billing cycle. The invoice will be mailed at least 60 days before the end of the calendar year.
Payment will be due no later than 30 days before the start of the new year service. The
subscriber shall be deemed in default if payment is not received before the stated due date on
the invoice. Upon default, the Clerk may terminate the Agreement pursuant to Section 9.
8. HOLD HARMLESS AND LIMITATION ON LIABILITY
a. Each party to this Agreement shall be responsible for its own acts and/or omissions and those of
its users, its officials, employees, and agents.
b. Subscriber agrees that Yakima County and the Clerk shall not be liable for any claim or damages
of any nature arising out of or connected with Subscriber's use of the data and information made
available to Subscriber under this Agreement or for delays or lapses in furnishing data and
information under this Agreement including:
➢ Failure in the service furnished by the Clerk under this Agreement.
➢ Failure of the Clerk's equipment, software or other communications or computer equipment
for any reason.
➢ Loss or damages which result from any act of nature, fire, civil disturbance, strike, work
stoppage, power failures, laws, regulations, order of any governmental agency or official, or
any other cause not within the Clerk's control.
In the event of any delay or lapse in furnishing data or information, the Clerk shall resume performance as
soon as practicable upon cessation of the condition preventing performance.
9. TERMINATION
a. At the end of any one-year term, either party may terminate this Agreement by giving 10 days
written notice to the representative of the other party.
b. If the Subscriber breaches any of its obligations hereunder and fails to cure the breach within (5)
days of written notice to do so by the Clerk, the Clerk may terminate this Agreement.
c. On the effective date of termination, the Clerk will disable the data access provided for in this
Agreement.
10. ASSIGNMENT, DELEGATION AND SUBCONTRACTING
The Subscriber shall perform the terms of the Agreement using only its bona fide employees or agents,
and the obligations and duties of the Subscriber under this Agreement shall not be assigned, delegated,
or subcontracted to any other person or firm without the prior express written consent of the Clerk.
11. NON-WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance or waiver of any provision of this
Agreement does not constitute a waiver of such provision(s) or future performance or prejudice the right
of the waiving party to enforce any of the provisions of this Agreement at a later time.
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12. COMPLIANCE WITH LAWS
The Subscriber shall comply with all applicable federal, state and local laws, rules and regulations in
performing this Agreement.
13. NONDISCRIMINATION
The Subscriber, its assignees, delegates or subcontractors shall not discriminate against any person in
the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion,
national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability.
Implementation of this provision shall be consistent with RCW 49.60.400.
14. OWNERSHIP OF MATERIAL/WORK PRODUCED
All reports, plans, specifications, all forms of electronic media, and data and documents produced in the
performance of the work by the Clerk under this Agreement shall remain the property of the Clerk, which
shall retain the exclusive ownership of said items.
15. DISPUTES
Differences between the Subscriber and the Clerk, arising under and by virtue of this Agreement shall be
brought to the attention of the Clerk at the earliest possible time in order that such matters may be settled,
or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of
performance and/or compensation shall be decided by the Clerk's representative or designee. All rulings,
orders, instructions and decisions of the Clerk's representative shall be final and conclusive.
16. CHOICE OF LAW, JURISDICTION AND VENUE
a. This Agreement has been and shall be construed as having been made and delivered within the
State of Washington and it is agreed by each party hereto that this Agreement shall be governed
by the laws of the State of Washington, both as to its interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be
instituted and maintained only in any of the courts of competent jurisdiction in Yakima County,
Washington.
17. SEVERABILITY
If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or
invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties'
rights and obligations shall be construed and enforced as if the Agreement did not contain the particular
provision held to be invalid.
18. ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral
or written representations or understandings not incorporated in this Agreement are specifically
excluded.
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19. NOTICES
Any notices shall be effective if personally served upon the other party or if mailed by registered or
certified mail, return receipt requested, to the addresses set out in Section 6. Notice may also be given
by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days
following the date of mailing or immediately if personally served. For service by facsimile, service shall
be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be
effective at the beginning of the next working day.
S scriber: Clerk:
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Signatur criber 11 a Maggard, Yakima my Clerk
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Printed name of Subscriber Date
Title �J
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Date
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