File Transfer Protocol Server Access Agreement
This is an Agreement, made and entered into by and between JOSEPH ABRUZZO, Clerk of
the Circuit Court & Comptroller of Palm Beach County, hereinafter referred to as “Clerk”,
and (enter name) ________________________, hereinafter referred to as “Customer”.
WHEREAS, Customer has requested and the Clerk has agreed to provide information
pertaining to public records, filed with the Office of the Clerk of the Circuit Court &
Comptroller of Palm Beach County, and
WHEREAS, Florida Statutes allow the public access to agency-produced data processing
systems which are not considered by law to be sensitive;
NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants, and payments hereinafter set forth, the Clerk and Customer agree as follows:
1. The Clerk agrees to grant to Customer, access to a File Transfer Protocol (FTP)
server where daily updates to the Official Record Index of the Clerk of the Circuit Court &
Comptroller of Palm Beach County, Florida are maintained. These updates will be available
for a minimum period of forty-five (45) days from any update.
2. Customer agrees that it is their responsibility to access, retrieve and process this
information on a timely basis.
3. Customer acknowledges and agrees that the FTP Server implemented by the Clerk to
provide Customer with the data is subject to disclosure as provided by Florida Statutes.
4. Customer acknowledges and agrees to be bound by all existing and future Public
Records legislation in regards to the use and disclosure of the information acquired from the
FTP server.
5. Customer agrees to pay the Clerk a reasonable service charge based on the costs of
the time and materials involved in the implementation of this process and system. The
service charge of $600.00 is payable annually, in advance, and billable on the 1
st business
day of December of each year. For new customers, the service charge will be prorated at
the rate of $50.00 per month for the balance of months remaining at the time of initiation of
this agreement. The parties agree that, if expenses or labor costs change, cost for the FTP
server transmission will change accordingly. The Clerk will notify Customer promptly should
this occur.
6. Customer and Clerk agree that the set-up fee and service charge are based upon the
costs incurred by the extensive use of information technology resources and for the labor
costs of the personnel providing the FTP server.
7. Customer agrees that any request made of the Clerk for data provided by the FTP
server will be in such a form and manner as established by the Clerk.
8. Customer and Clerk agree to give at least thirty (30) days written notice to
terminate this agreement unless:
a. legislative changes require a more immediate change.
b. An abusive use of this service is detected which can result in the immediate
termination of the Agreement. An abusive use may be, but is not limited to the
following:
• Unauthorized sharing of logon credentials
