City Staff Access to Register of Deeds Electronic Files & Records AGREEMENT
This Agreement made and entered into this 1ST day of OCTOBER (month)
2014 (yea`)by and between the Saline County Register of Deeds ("Register of Deeds" or
"ROD"), and CITY OF SALINA DEPARTMENTS (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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SECTION 2: COUNTY RESPONSIBILITIES.
Saline County Register of Deeds will have final control and responsibility for
maintaining the security, upkeep, and preservation of the records. Subscriber shall access
the Register of Deeds Internet web site through the use of a user ID and password
assigned to them.
SECTION 3: SUBSCRIBER RESPONSIBILITIES.
Subscriber agrees to the following:
a. The receipt of copies of un-redacted data is a privilege and not a right;
b. Subscriber's use or misuse (for any reason) of information from
un-redacted documents (or any information derived there from) which would place
private information into the possession of the general public or in the possession of
persons who do not have a legitimate business need for the information may result in
revocation of access to an individual, group of individuals or Subscriber at any time and
is a material violation of this Agreement. For the purposes of this Agreement, "private
information" is defined as that information the release of which could constitute an
unwarranted invasion of personal privacy and specifically includes, but is not limited to,
signatures, social security numbers, account numbers, mother's maiden names and dates
of birth;
c. Subscriber receipt of authorized copies of data provides no right to
ownership of the records at any time;
d. Subscriber will abide by Register of Deeds reasonable regulations which
may now be in force or effect or which may in the future become effective;
e. Subscriber will not sell, distribute, or otherwise provide raw copies of
documents (by any means)to any entity whether a subsidiary, parent corporation,
affiliated entity or any other person, organization or entity, unless said person,
organization or entity is an abstractor duly licensed in the State of Kansas without further
redacting personal identifying information that may remain or was overlooked during the
redaction process. This restriction on delivery of documents does not apply if providing
a specific document which is necessary in the course of business and the provision of said
document does not unreasonably jeopardize the confidential nature of the private
information. Further, Subscriber agrees that it will not provide raw copies of death
certificates that may be maintained in the Register of Deeds files,
f. Should Subscriber enter into an agreement with any subsidiary, parent
corporation, affiliated entity, or any other person, organization or entity that is licensed as
an abstracter in the State of Kansas for the provision of documents, said agreement will
contain provisions and notice that no person shall knowingly sell, give or receive, for the
purpose of selling or offering for sale any property or service to persons listed therein,
any list of names and addresses contained in or derived from public records and that
violation of this provision is subject to a$500.00 civil fine for each violation pursuant to
K.S.A. 2004 Supp. 45-230; and said agreement will contain the substantive provisions set
out in this Section 3; J
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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 shall immediately 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
part'.
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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a. Subscriber's violation of 2004 K.S.A. 45-230;
b. Subscriber's failure to indemnify Saline County, its officers, including
but not limited to the Register of Deeds, and their agents and employees Register of
deeds pursuant to Section 9 hereof;
c. Subscriber's allowance of unauthorized access prohibited hereby; or
d. Subscriber's material breach of any term,provision or condition of this
Agreement.
At either party's option, this Agreement may be terminated at any time upon thirty (30)"
days written notice to the other party.
SECTION 8: INDEMNIFICATION AND HOLD HARMLESS PROVISIONS.
Subscriber hereby relieves, releases, indemnifies and holds harmless Saline County, its
officers, including but not limited to the Register of Deeds, and their agents and
employees of liability for any and all damages resulting from any act or omission on part
of Subscriber, incorrect or misinterpretation of data or any other liability from
information obtained from data records pursuant hereto. Subscriber further agrees to and
does hereby indemnify and save the Register of Deeds harmless from any and all liability
as a result of Subscriber's willful violation of any law or regulation pertaining hereto with
particular reference to provisions of 2004 K.S.A. Supp. 45-230.
SECTION 9: INTERRUPTION OF SERVICE.
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The Register of Deeds shall put forth best efforts to provide adequate and uninterrupted
service under the terms hereof. However, Register of Deeds shall not be liable for
interruption of service or delays in providing document copies when the same shall be
due to circumstances beyond the control of the Register of Deeds, agents or employees,
including but not limited to equipment malfunction and periodic maintenance of the
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Register of Deed's document storage system. The County shall operate and maintain the
Web Site, contingent upon the County's network and equipment capacity, and connection
availability. Subscriber acknowledges and agrees that the County does not operate or
control the Internet or the World Wide Web.
SECTION 10: ASSIGNMENT.
•
This Agreement may not be assigned by Subscriber without the prior written consent of
the Register of Deeds. Any assignment made without said consent shall be null and void.
• SECTION 11: NOTICES.
All notices shall be in writing and shall be directed to the parties hereto as shown below:
To the Register of Deeds: Saline County Register of Deeds
300 West Ash, Room 212.
Salina, KS 67402-5040
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To Subscriber: (Business Name)
(Contact Person)
(Street Address)
City/ State/Zip
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
/211144.0a ZO./11■60
Rebecca Seeman
Register of Deeds
SUBSCRIBER
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PRINTED NAME
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