Electronic Records Use - 2009
AGREEMENT
This Agreement made and entered into this 1st day of Oct (month)
2.llia (year) by and between the Saline County Register of Deeds ("Register of Deeds" or
"ROD"), and CITY OF SALINA (department), City of Salina.
("Subscriber").
WHEREAS, the Saline County Register of Deeds has developed an Internet site
whereby persons authorized can access Saline County records including but not limited to
mortgages, death certificates, real estate deeds, uniform commercial code statements and
other records on paper copies, in digital format in computer databases which are
generally available to the public with the exception of information contained therein the
release of which would be an unwarranted invasion of personal privacy;
WHEREAS, the Saline County Register of Deeds desires to maintain the privacy
of individuals and prevent the unwarranted invasion of personal privacy through the
restricted and unrestricted access to signatures, social security numbers, mother's maiden
names, dates of birth and other personally identifying information that could assist
unscrupulous individuals in the furtherance of identity theft and such other crimes as may
result from the misuse of this information and permits access to certain redacted images
with the beginning date of 6/9/04 and unredacted images prior to 6/9/04;
WHEREAS, K.S.A. 2004 Supp 65-2422d, as amended, restricts the copying of
death certificates; and
WHERAS, Subscriber desires to enter into an agreement for access to the records
management data beginning 1/3/95, numeric index book images dating back to 1860 and
to the raw data or document images on the Register of Deeds Internet site;
NOW, THEREFORE, in consideration of the mutual conditions, covenants and
promises contained herein, the parties hereto agree as follows:
SECTION 1: STATEMENT OF PURPOSE.
The purpose of this Agreement is to define circumstances and responsibilities, relating to
the Register of Deeds provision of Internet access to Subscriber of digital libraries
records maintained by the Register of Deeds.
Subscriber does hereby certify that he/she has a legitimate business need for obtaining
access to records stored and maintained by the Register of Deeds. Said need (which
MAY NOT be to sell or offer for sale any property or service to persons listed in the
records) (no solicitation) is described as follows:
(describe legitimate business need here)
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g. Subscriber will take all reasonable and necessary measures to ensure that
its employees will not violate any of the provisions set forth in this agreement; such
measures are to include, but not be limited to, requiring all Subscriber's employees
having rights to access Register of Deeds files ("Users") to read, understand and sign the
attached Exhibit A, 'User Agreement';
h. Subscriber shall forward the original signed 'User Agreement to the
Register of Deeds office prior to allowing a User access and Subscriber shall retain a
copy of said document; and
i. Subscriber shallimmediately notify the Register of Deeds of any User's
separation of employment from Subscriber.
SECTION 4: TERM OF AGREEMENT.
This Agreement shall be in full force and effect beginning upon execution by both parties
and remaining effective until one year from the date of signing. Thereafter, this
Agreement shall continue for successive monthy periods upon the same terms, provisions
and conditions as provided herein excepting that at either party's option,. this Agreement
may be terminated at any time upon thirty (30) days advance written notice to the other
party.
In addition, this Agreement is subject to the survival provisions of Section 15 below.
SECTION 5: DEFINITION OF TERMS.
Numeric Index Book: Index to documents filed and or maintained in the office of the
Saline County Register of Deeds
Records Management Data: information maintained about documents recorded in the
office of Saline County Register of Deeds
Records: Documents filed and or maintained in the office of the Saline County Register
of Deeds
Redact: The process of masking or hiding certain information from an image
Deeds: Transfer of ownership documents recorded and maintained in the office of the
Saline County Register of Deeds
SECTION 6: ILLEGAL PROVISIONS.
If any provision of this Agreement shall be declared by a court of competent jurisdiction
to be illegal, void or unenforceable, the other provisions shall not be affected but shall
remain in full force and effect.
SECTION 7: TERMINATION.
At the option of the Register of Deeds, this Agreement may be terminated immediately
upon the occurrence of any of the following:
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To Subscriber:
CITY OF SALINA
TA!=:ON ~A~F
(Business Name)
(Contact Person)
(Street Address)
City/ State/Zip
I
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SECTION 12: CONSTRUCTION.
This Agreement shall be construed in accordance with the laws of the Sate of Kansas
SECTION 13: PARAGRAPH HEADINGS.
The paragraph headings are inserted in this Agreement for convenience only and shall not
be used in interpreting this Agreement.
SECTION 14: ENTIRE AGREEMENT.
This Agreement, which specifically includes the 'User Agreements' referred to in Section
3g, constitutes the complete and exclusive statement of the agreement between the parties
hereto. No amendment, waiver or alteration of this Agreement shall be effective unless
signed by an authorized officer of each of the parties hereto. Neither Register of Deeds
nor Subscriber shall be bound by an oral agreement or representation.
SECTION 15: SURVIVAL.
The provisions of sections2, 3 and 8 of this Agreement shall continue to bind the parties
subsequent to the termination or expiration of this Agreement.
In WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first above written.
SALINE COUNTY, KANSAS
REGISTER OF DEEDS
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Rebecca Seeman .
Register of Deeds
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Michael A. Montoya
Saline CoUnty Counselor
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