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24-047.00SpokaneCountySCOMIS DOCUMENT VIEWER SUBSCRIPTION AGREEMENT THIS AGREEMENT made and entered into on this day of January 20 24 ("Effective Date") among the SPOKANE COUNTY CLERK, having offices for the transaction of business at W. 1 1 16 Broadway Avenue, Spokane, Washington 99260,hereinafter referred to the "Clerk",the Spokane County District Court,having offices forthetransaction of business at W.1100 Mallon Avenue,Spokane,Washington 99201,hereinafterreferred to as "District Court",and City of Spokane Valley , having offices for the transaction of business at 10210 E.Sprague Avenue,Spokane Valley,WA 99206 hereinafter referred to as the"Subscriber",jointly referred to as the"Parties". RECITALS WHEREAS,pursuant to the provisions of RCW 2.32.050,the Spokane County Clerk has the legal duty to keep the records,files and other books and papers appertaining to the Spokane County Superior Court;and WHEREAS, the Spokane County Superior Court makes its court records,as that term is defined in GR 31 and other applicable court rules,available to members of the public in the Spokane County Clerk's Office during the Clerk's Office normal business hours;and WHEREAS,pursuant to the provisions of Spokane County District Court Local Rule 5,the Presiding Judge has the general management of the Spokane County District Court;and WHEREAS,the Spokane County District Court makes its court records,as that term is defined in GR 31 and other applicable court rules, available to members of the public in the Spokane District Court Clerk's Office during the Court's normal business hours;and WHEREAS,the Spokane County Clerk transferring certain court records to an electronic format through an electronic access administered by the Spokane County Information Technology Department known as the"Spokane County Court Document Viewer Application",which will allow internet viewing access to such court records;and WHEREAS,the Spokane County District Court is transferring certain courtrecords to an electronic format through an electronic access administered by the Spokane County Information Technology Department known as the"Spokane County Court Document Viewer Application",which will allow internet viewing access to such court records;and WHEREAS,the Spokane County Clerk and the Spokane County District Court, in conjunction with the Spokane County Information Technology Department, initiated a pilot project which allows attorneys to contract with the Clerk and District Court for access to the Spokane County Court Document Viewer Application to allow them internet viewing access to certain court records in the Clerk's Office and District Court;and WHEREAS,the Spokane County Superior Court is in the process of adopting a new system entitled"Court Document Viewer"and such system will access documents in the Superior Court;and NOW, THEREFORE, for and in consideration of the mutual terms, conditions and covenants set forth hereinafter,Clerk,District Court and Subscriber agree as follows: SECTION NO.1:PURPOSE The purpose of this Agreement is to establish the terms and conditions under which the Clerk and District Court, through the Spokane County Information Technology Department, provides Subscriber access to Spokane County Court Document Viewer Application allowing the Subscriber internet viewing access to certain Clerk court records and District Court records. Until such time as the Superior Court adopts the new Court Document Viewer the subscriber's access of the legacy system will remain unchanged. Page 1 of 9 SECTION NO.2:DEFINITIONS As used throughout this Agreement,the following terms shall have the meanings set forth below: a. "Agreement"shall mean this agreement. h. "Annual Subscription Charge"shall mean that charge established by the Spokane County Information Technology Department on an annual basis to maintain access on a"named user" basis to view court records as provided for under this Agreement. c. "Attorney Subscriber" or "Subscriber" shall mean a named User ID who is (i) an attorney, (ii) a managing member or authorized employee of a law firm,(iii)the Spokane County Bar Association,or(iv) the Spokane County Law Library. d. "Clerk"shall mean the Spokane County Superior Court Clerk. e. "Court"shall mean the Spokane County Superior Court. f. "Clerk Court Records" shall mean those court documents available for viewing under this Agreement as provided for under Spokane County Superior Court Local Administrative Rule LAR 0.8. g. "District Court"shall mean the Spokane County District Court. h. "District Court Records"shall mean those court documents available for viewing under this Agreement as provided for under Spokane County District Court Local Rule or Spokane County District Court General OrderNo.03-20]1. i, "IT"shall mean Spokane County Information Technology Department. j. "Set Up Charge" shall mean that charge established by the Spokane County Information Technology Department to set up electronic access to view Clerk Court records and District Court records as provided under this Agreement. k. "Spokane County Court Document Viewer Application" shall mean the software application provided by IT under this Agreement which provides Users with the ability to search for and view Clerk Court Records and District Court Records via the internet and any other subsequently adopted, implemented or utilized programs which serve the same or a substantially similar purpose of providing Subscriber access to and viewing of Clerk Court Records and District Court records whether in digital or printed form. 1. "User"shall mean those individual(s)employed by a Subscriber who are authorized by the Subscriber to have electronic access to view documents under this Agreement. m. "User ID"shall mean the individual logon identity provided by county IT,for any individual who has paid the Annual Subscription Charge to access the Spokane County Court Document Viewer Application. User IDs may not be used concurrently and are limited to one logon per User ID. SECTION NO.3:TERM AND EFFECTIVE DATE OF AGREEMENT The initial term of this Agreement shall commence on the Effective Date of this Agreement and will run through the end of that calendar year,unless terminated earlier as provided for herein.The Parties agree that the Agreement will automatically renew for additional one year time frames upon written request by the Subscriber when received thirty (30)days prior to the end of the initial term on any renewal thereof and Subscriber's payment of the then current Annual Subscription Charge in effect for the renewal calendar year. If the Subscriber does not give notice of its intent to renew,IT will automatically cancel the Subscriber's access to the Spokane County Court Document Viewer Application at the end of the calendar year. Page 2 of 9 SECTION NO.4:RESPONSIBILITIES OF THE PARTIES a. RESPONSIBILITIES OF THE CLERK AND DISTRICT COURT: Clerk and District Court will authorize IT to provide Subscriber access via the internet(the"Web")to Clerk Court Records and District Court Records.Access will be unavailable during scheduled maintenance periods, interruption in Subscriber's intemet service,or any delay or lapse in Service as set forth in Section 8. b. RESPONSIBILITIES OF THE SUBSCRIBER: (1) Subscriber warrants and agrees that he/she is a member in good standing of the Washington State Bar Association and that the primary purpose of his/her business is the provision of legal services. (2) Subscriber assumes all risk of relying on Clerk Court Records and District Court Records accessed pursuant to this Agreement. (3) Subscriber shall be responsible for all activities of User(s) who obtain access through use of the Subscriber's User ID and password.Subscriber shall not allow access to Clerk Court Records or District Court Records made available under this Agreement by unauthorized persons. (4) Subscriber will be responsible for all training of their/its personnel in the operation of equipment and software, if any, used to connect to and operate the Spokane County Court Document Viewer Application. (5) Subscriber shall not acquire any proprietary rights,exclusive or otherwise,to any Clerk Court Records or District Court Records obtained pursuant to this Agreement. (6) Subscriber agrees not to disclose,divulge,or reveal the User ID and/or passwords which are provided by the IT for its access to the Spokane County Court Document Viewer Application to any person, firm,or individual,other than its assigned Users. Violation of this provision shall result in immediate suspension of access to the Clerk Court Records and/or District Court Records and may result in termination of the Agreement pursuant to Section No.9. (7) Subscriber agrees to exercise at all times the same care with respect to the User IDs and passwords,if any, or any other materials or information provided by IT that the Subscriber would exercise in the protection of the Subscriber's own confidential information or property and to not release or disclose User IDs or passwords to any other person without IT's prior consent.If Subscriber becomes aware of any release or unauthorized use ofUser IDs or passwords,Subscriber shall notify IT immediately to arrange to reset the identifiers or passwords. (8) Subscriber agrees that if, for any reason whatsoever, the Spokane County Court Document Viewer inadvertently contains any documents and/or information which is confidential undertheprovisions of GR 22(Supreme Court 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 22 (Supreme Court Rules of General Application), Court Orders or other applicable laws shall immediately be removed from the Subscriber's CD-ROM or other electronic or optical media. (9) Subscriber agrees,at the written direction of the 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 Clerk or District Court,to be confidential under the provisions of GR22(Supreme Court Rules of General Application),Court Orders or other applicable laws. (10) Subscriber understands that the disclosure of documents and/or information within Clerk Court Records or District Court Records that is confidential under the provisions of GR 22(Supreme Court Rules of General Application), Court Orders or other applicable laws, may subject the Subscriber to potential liability and/or legal proceedings. Page 3 of 9 (11) Subscriber agrees if it or its Users become aware of documents and/or information on the Spokane County Court Document Viewer which is confidential under the provisions of GR 22(Supreme Court Rules of General Application),Court Orders or other applicable laws they will immediately notify the Clerk or District Court respectively. (12) Subscriber acknowledges and accepts that all information and data provided under this Agreement is provided on an AS IS basis and that neither the Clerk nor District Court shall not be responsible for providing support or assistance of any nature to the Subscriber or Users. (13) Subscriber agrees to immediately notify the IT when any of its employees having a User ID and password leave employment so that the old password,if necessary,can be cancelled and a new password can be issued. (14) Subscriber agrees to comply with all current or subsequently amended federal and state laws,court rules and administrative rules and policies governing,regulating and/or relating to the dissemination of Clerk Court Records or District Court Records viewed under this Agreement. (15) Subscriber acknowledges and agrees that the Washington State Administrative Office of the Courts, all Washington State Courts and Spokane County Clerk (1)do not warrant that the documents and/or information available under the Spokane County Court Document Viewer Application is accurate or complete;(2)make no representations regarding the identity of any persons whose names appear in any documents and/or information on the Spokane County CourtDocument Viewer Application,and(3)deny liability for any damages resulting from the release or use of the documents and/or information obtained from the Spokane County Court Document Viewer Application.Subscriber and Users should verify any Court records viewed on the Spokane County Court Document Viewer Application by other appropriate ways. (16) Subscriber acknowledges that the Washington State Administrative Office of the Courts,all Washington State Courts and Spokane County Clerk provide no warranty,expressed or implied,including,without limitation,the implied warranties of merchantability and fitness for a particular purpose,with respect to the Clerk Court Records or District Court Records made available through the Spokane County Court Document Viewer Application. (17) Subscriber acknowledges that the Washington State Administrative Office of the Courts, all Washington State Courts and Spokane County Clerk provide no warranty,expressed or implied,that the Clerk Court Records or District Court Records provided under the Spokane County Court Document Viewer is accurate,current,correct or complete. It is expressly understood that it is the responsibility of the Subscriber and/or Users viewing the Clerk Court Records or District Court Records to verify the data or information obtained from the Spokane County Court Document Viewer Application. (18) Subscriber acknowledges and agrees that any Clerk Court Records and District Court Records made available to the undersigned from the Spokane County Court Document Viewer Application will not be used for the commercial solicitation of individuals named in the Clerk Court Records or District Court Records. (19) Subscriber acknowledges its responsibility for advising all of its Users of the provisions in this Section. (20) Subscriber acknowledges that it may request to receive a copy of any Court financial record(s)of payment,or amounts owed and outstanding from Subscriber to the County or CLERK related to the services described herein. SECTION NO.5:AMENDMENTS a. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this presentAgreement. b. Clerk and District Court specifically reserve the right,at any time,with or without notice and in their Page 4 of 9 sole discretion, to make changes deemed appropriate to the format of the Spokane County Court Document Viewer Application. SECTION NO.6:PARTIES REPRESENTATIVES Clerk hereby designates the following individual as its designee for the purpose of administering this Agreement: Name of Representative: Glenda Vogt Title: Administrative Manager Mailing Address: Clerks Office 1116 W Broadway Ave City,State and Zip Code: Spokane,Washington 99260 Telephone Number: (509)477-4202 Fax Number: (509)477-3916 E-mail Address District Court hereby designates the following individual as its designee for the purpose of administering this Agreement: Name of Representative: John C Witter Title: Clerk of District Court Mailing Address: 1100 W.Mallon Ave City,State and Zip Code: Spokane,Washington 99260 Telephone Number: (509)477-2942 E-mail Address: 1\1 i katc�-ount�,.�, IT hereby designates the following individual for the purpose of administering this Agreement: Name of Representative: Kevin Norris Title: IT Application Services Manager Mailing Address: 1208 W Broadway Ave City,State and Zip Code: Spokane,Washington 99260 Telephone Number: (509)477-4231 E-mail Address: KNon i>a ssu kanecount,..o3 Subscriber hereby designates the following individual for the purpose of administering this Agreement: Name of Representative: Tammy Henning Title: Paralega Mailing Address: 10210 E.Sprague Avenue City,State and Zip Code: Spokane Valley,WA 99206 Telephone Number: (509)720-5054 Fax Number: (509)720-5095 E-mail Address: thenning@spokanevalleywa.gov Page 5 of 9 SECTION NO.7:CHARGES Subscriber shall pay IT the following charges for services provided under this Agreement: a. A subscriber charne of$360 is due and payable to IT upon the signing of this Agreement by Subscriber.This is a one-time charge per User ID. b. An pnnnal subscrintion charge of$262.50 is due and payable to IT upon Subscriber signing the Agreement,this fee representing solely fees allocated to the Superior Court with no fees allocated to District Court. If the annual subscription charge is not paid in conjunction with the notice of renewal, the Agreement will be automatically cancelled at the end of the then calendar year. If the Agreement is not reactivated by mutual agreement of the Parties within three(3)months after termination, re-subscription shall require the payment of a new subscriber charge. If this Agreement is not signed at the beginning of any calendar year, the annual subscription charge shall be prorated in twelve(12)equal amounts with the Subscriber paying that amount equal to the remaining months in the year. Signature on or before the 15th day of the month shall require payment for that month. Signature on or after the 16t'day of the month shall not require payment for that month. Annual subscription charges shall be pro-rated so that all annual charges per User ID will renew on the same date. IT shall collect all fees and will allocate such based on costs. Any fees that remain after payment of costs by IT shall be re-allocated to the Spokane County General Fund. c. Charges for the services provided herein shall apply to any materials whether obtained in digital format or printed by the subscriber. SECTION NO.8: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 Spokane County, the Spokane County Superior Court, the Clerk and the District Court and all of their respective employee,officers and agents shall not be liable for any claim or damages of any kind or nature whatsoever arising out of, or connected with Subscriber's use of the Clerk Court Records and District Court Records made available to Subscriber under this Agreement or for delays or lapses in furnishing such court records under this Agreement including but not limited to: • failure in the service furnished by IT under this Agreement, • failure of the IT's equipment,software or other communications or computer equipment for any reason,or • 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 or District Court's control. In the event of any delay or lapse in furnishing Clerk Court Records or District Court Records,IT shall resume performance as soon as practicable upon cessation of the condition preventing performance. SECTION NO.9:TERMINATION a. This Agreement shall automatically terminate at the end of each calendar year, unless the Subscriber notifies the IT in writing at the address set forth in Section No.6 on or before the last day ofthe preceding yearthat it desires to renew the Agreement for an additional one-year time frame. b. If the Subscriber breaches any of its obligations hereunder, and fails to cure the breach within fourteen(14)calendar days of written notice to do so by the Clerk or District Court,the Clerk or District Court may respectively terminate this Agreement as to their records.The termination shall Page 6 of 9 be effective upon the date set forth in the written notice. In the event of unauthorized access via the Subscriber's password or User ID,Clerk or District Court respectively may temporarily suspend access by Subscriber to Spokane County Court Document Viewer Application pending cure of the breach or pending termination of the Agreement. If the Clerk or District Court respectively terminates under this subsection,the Subscriber shall not be entitled to a refund of any charge paid under the Agreement. c. Subscriber may terminate this Agreement for any reason whatsoever.If the Subscriber terminates under this subsection,the Subscriber shall not be entitled to a refund of any charge paid under the Agreement. d. Upon the effective date of termination,the IT will immediately disable the data access provided for in this Agreement. SECTION NO. 10: NON-WAIVER OF RIGHTS No officer,employee,agent or otherwise of the Clerk or District Court has the power,right or authority to waive any of the conditions or provisions to this Agreement.No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as cumulative,that is,in addition to every other remedy provided herein or by law.Failure of the Clerk or District Court to enforce at any time any of the provisions of this Agreement or to require at any time performance by Subscriber of any provision hereof,shall in no way be construed to be a waiver of such provisions,nor in any way affect the validity of this Agreement or any part hereof,or the right of the Clerk or District Court to hereafter enforce each and every such provision. SECTION NO.11:COMPLIANCE WITH LAWS Parties shall comply with all applicable federal,state and local laws,rules and regulations in conjunction with meeting their responsibilities under this Agreement. Subscriber understands that IT system(s) log User access to the Spokane County Court Document Viewer Application and Clerk Court Records and District Court Records thereon. Agency public records,as those terms are defined in the Public Records Act codified in chapter 42.56 RCW are subject to public inspection and copying unless exempt from disclosure.The terminology"agency",at the present time does not include"courts".Court Records are subject to disclosure under CR 31 and local rules. The Clerk or District Court shall advise Subscriber in writing of any public record request under chapter 42.56 RCW or a request under CR 31 /local rule for a Subscriber's User access log(s)to the Spokane County Court Document Viewer Application under the terms of this Agreement and its proposed response at least ten(10)days prior to mailing that response to the requestor. SECTION NO.12:DISPUTES Differences between or among the Subscriber,IT,Clerk and District Court arising under and by virtue of this Agreement,shall be brought to the attention of the Clerk and District Court respectively at the earliest possible time in order that such differences may be settled or other appropriate action promptly taken. SECTION NO.13: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 the Parties that this Agreement shall be governed\ 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 Spokane County,Washington. Page 7 of 9 SECTION NO.14:SEVERABILITY It is understood and agreed among the Parties that if any parts,terms or provisions of this Agreement are held by the Court to be illegal,the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the Agreement.If it should appear that any part,term or provision of this Agreement is in conflict with any statutory provisions of the State of Washington,then the part,term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO.15: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. SECTION NO.16: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 No. 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. SECTION NO.17:EXECUTION AND APPROVAL The Parties warrant that the officers/individuals executing below have been duly authorized to act for and on behalf of the party for purposes of confirming this Agreement. SECTION NO.18:COUNTERPARTS This Agreement may be executed in any number of counterparts,with original or facsimile signatures,each of which, when so executed and delivered,shall be deemed to be an original,but such counterparts shall together constitute but one and the same document. SECTION NO.19:THIRD PARTY BENEFICIARIES This Agreement is intended for the benefit of the Clerk,District Court and Subscriber and not for the benefit of any third parties. SECTION NO.20:SURVIVAL Without being exclusive, Sections 8 and 13 of this Agreement shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part.Any other Sections of this Agreement which,by their sense and context,are intended to survive shall also survive. Page 8 of 9 IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed on the date opposite their signature block DATE SPOKANE COUNTY CLERK By:Tim Fitzgerald,Clerk DATE SPOK ANE COUNTY DISTRICT COURT By: Jennifer Fassbender,Presiding Judge DATE t'241—2-44 SUBSCRIBER Agency: City of Spokane Valley Title: City Manager Licensed Users: Tammy Henning • At this time District Court is not charging for their documents. Signature: 7iitze�aG�f Signature: Tim Fitzgerald(Feb 202414:13 PST) Email: tfitzgerald@spokanecounty.org Email: jfassbender@spokanecounty.org Page 9 of 9 • City of Spokane Valley Agreement Final Audit Report 2024-02-20 Created: 2024-02-14 By: Rona Smith(RSMITH@spokanecounty.org) Status: Signed Transaction ID: CBJCHBCAABAAkOCpG90dFIbSW1tXdAg5_vnuy5_va3u9 "City of Spokane Valley Agreement" History ,t Document created by Rona Smith (RSMITH@spokanecounty.org) 2024-02-14-2:59:17 PM GMT El+ Document emailed to Tim Fitzgerald (tfitzgerald@spokanecounty.org)for signature 2024-02-14-2:59:20 PM GMT t Email viewed by Tim Fitzgerald (tfitzgerald@spokanecounty.org) 2024-02-20-10:12:56 PM GMT b© Document e-signed by Tim Fitzgerald (tfitzgerald@spokanecounty.org) Signature Date:2024-02-20-10:13:39 PM GMT-Time Source:server 13 Document emailed to jfassbender@spokanecounty.org for signature 2024-02-20-10:13:40 PM GMT t Email viewed by jfassbender@spokanecounty.org 2024-02-20-11:49:37 PM GMT 6© Signer jfassbender@spokanecounty.org entered name at signing as Jennifer L. Fassbender 2024-02-20-11:50:16 PM GMT 60 Document e-signed by Jennifer L. Fassbender(jfassbender@spokanecounty.org) Signature Date:2024-02-20-11:50:18 PM GMT-Time Source:server O Agreement completed. 2024-02-20-11:50:18 PM GMT Powered by Spokane county Adobe •" Acrobat Sign