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KEN BURKE, CPA CLERK OF CIRCUIT COURT & (Pinellas County Clerk of the Circuit Court and Comptroller)

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SUBSCRIPTION AGREEMENT FOR ELECTRONIC ACCESS TO OFFICIAL RECORDS
1
KEN BURKE, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
PINELLAS COUNTY, FL
This agreement is made and entered into by and between, Ken Burke, CPA, Pinellas County Clerk of the
Circuit
Court & Comptroller, hereinafter referred to as “CLERK”, and ___, hereinafter referred to as “SUBSCRIBER.”
WHEREAS, Section 119 of the Florida Statutes allows public records custodian(s) to provide access
to the records by electronic means; and
WHEREAS, CLERK desires to provide SUBSCRIBER access to certain public records within his respective
custody and control by electronic means using the CLERK as the central contracting entity; and
WHEREAS, SUBSCRIBER by signing this agreement attests that said SUBSCRIBER is a governmental
entity; or professional business entity with a need to access the documents in order to conduct their business;
and
IN CONSIDERATION of the mutual terms, conditions, promises, covenants hereinafter set forth, CLERK
AND SUBSCRIBER agree as follows:
ARTICLE 1: DEFINITIONS
The following general definitions shall apply for the purpose of this Agreement:
“Agreement” shall mean this agreement.
“Clerk” shall mean Ken Burke, CPA, Clerk of the Circuit Court & Comptroller for Pinellas County, Florida.
“Subscriber” shall mean the individual executing this Agreement.
“User” shall mean everyone to whom Subscriber has authorized Clerk to issue a login id and password
for access privileges.
“Subscription Period” shall mean the period of time for which the SUBSCRIBER has paid in full.
SUBSCRIPTION AGREEMENT FOR ELECTRONIC ACCESS TO OFFICIAL RECORDS
2
ARTICLE 2: TERM OF AGREEMENT
This agreement will commence on the date of execution by the CLERK, and continue for the mutually
agreed upon duration of access to the subscription site unless terminated earlier as provided for herein
accordance with Article 15.
ARTICLE 3: SCOPE OF AGREEMENT
CLERK and SUBSCRIBER agree that the scope of this Agreement shall be to access those electronic
records in the Clerk’s Official Records which are prohibited by Florida Law from being accessed from the
CLERK’S publicly available Internet website and which are not otherwise completely prohibited from public
view by Florida Law or Rules of Court.
ARTICLE 4: DAYS AND HOURS OF OPERATION
CLERK will endeavor to provide continuous operation of the non-public subscriber site wherein
SUBSCRIBER accesses records; however, site access may be interrupted during such other periods of remedial
maintenance as may be required. CLERK will attempt to schedule routine maintenance after
5:00 p.m. and
before 8:00 a.m. or during weekends or holidays.
CLERK reserves the right to reduce or limit the subscriber site levels during unusual circumstances such
as, but not limited to, “brownouts”, emergency production requirements mandated by law, intrusions against
security regulations and adverse operational impacts.
ARTICLE 5: SERVICES
CLERK, his employees or agents, will provide SUBSCRIBER with access to the electronic records via the
subscriber site.
SUBSCRIBER is responsible for all maintenance and repair work required to keep SUBSCRIBER’S
equipment in operating order, and to make connectivity to the Clerk’s subscriber site through SUBSCRIBER’S
Internet Service Provider.
CLERK may modify the categories, classifications, format or appearance of data provided without prior
notice to the SUBSCRIBERS, however, such changes will generally be made to conform to changes in Florida law
or to improve service to SUBSCRIBERS.
SUBSCRIPTION AGREEMENT FOR ELECTRONIC ACCESS TO OFFICIAL RECORDS
3
ARTICLE 6: CLERK’S OBLIGATION
Following the execution of this Agreement, CLERK will provide SUBSCRIBER with limited consultation
via email on specific problems or questions that arise in the use of the subscriber site, per conditions of
support. However, CLERK does not guarantee consultation results nor warrants or represents that all errors or
problems will be corrected. Assistance will only be available Monday through Friday, from 8:00 a.m. to 5:00
p.m. with the exception of holidays observed by the CLERK.
ARTICLE 7: SUBSCRIBER’S OBLIGATION
SUBSCRIBER agrees that he is responsible for all equipment, maintenance, and repair work required to
keep SUBSCRIBER’S equipment in operating order, and to make connectivity to the CLERK’s subscription site
through SUBSCRIBER’s Internet Service Provider.
SUBSCRIBER agrees to ensure that its User ID and password are not used by any other person to access
information from the CLERK’S subscription site and agrees that such activity, if allowed, is grounds for
immediate termination in accordance with Article 15 of this Agreement.
Information accessed from the subscription site is solely for the use of SUBSCRIBER in the ordinary
course of its business. The information is neither intended nor permitted to be represented during commercial
resale as the official government record required by law. In the event of a breach of this paragraph, CLERK is
entitled to seek injunctive relief restraining SUBSCRIBER from accessing information from the subscription site,
and/or terminate this Agreement in accordance with Article 15 herein. This shall not be construed as
prohibiting the CLERK from pursuing a
ny other remedy available at law equity for such breach.
SUBSCRIBER is responsible for ensuring that use of the CLERK’S subscription site is conducted in a
proper and legal manner. If SUBSCRIBER is charged with a crime arising out of the use of information obtained
from the subscription site, CLERK shall have the right to terminate this Agreement immediately. This shall not
be construed as prohibiting CLERK from pursuing any other remedy available at law or equity for such breach.
SUBSCRIBER is responsible for pre-payment of the subscription fees in order to maintain active account
status, as set forth in ARTICLE 8, SUBSCRIBTION FEE. CLERK will invoice SUBSCRIBER prior to the subscription
period end date for renewal. Payments must be received within 30 days of the due date or the SUBSCRIBER
account will be terminated.
SUBSCRIPTION AGREEMENT FOR ELECTRONIC ACCESS TO OFFICIAL RECORDS
4
ARTICLE 8: SUBSCRIPTION FEE
Pricing is as follows:
A. There is a one-time initial set up fee of $100.00 per user sign on and an annual usage fee of $75.00 to
be paid by October 1st of the current year. If the annual payment is not received by November 1st,
the account will be terminated. Up to five additional users may be added per account for an annual
usage fee of $300.00 per organization, with the increase in increments of five.
B. The fee must be paid in full prior to initiation of service. Fees are subject to change annually. Fees
are not refundable; this service is not prorated for terminations or new agreements. No credit will
be accrued during periods the subscription site is out of service.
C. You will receive your invoice via email; it is your responsibility to ensure we have your current
email address. If you do not receive an invoice you are still obligated to make your payment
annually.
ARTICLE 9: LIMITATION OF LIABILITY
SUBSCRIBER hereby relieves and releases CLERK, his employees and agents from liability from any and
all damages resulting from interrupted service of any kind, including SUBSCRIBER’s equipment.
SUBSCRIBER hereby relieves releases, indemnifies, and holds harmless CLERK, his employees and
agents from any liability for any and all damages resulting from incorrect or any other misinformation
accessed from the subscription site.
SUBSCRIBER agrees that CLERK, his employees and agents shall not be liable for negligence or lost
profits resulting from any claim or demand against SUBSCRIBER by any other party.
No cause of action, regardless of form, arising out of the transaction under this Agreement, may be
brought by either party more than one (1) year after the cause of action occurred, except that an action for
nonpayment may be brought at any time permitted by law.
In no event shall CLERK, his employees or agents be liable for consequential damages even if any of the
above named parties has been advised of the possibility of such damages.
This agreement creates no rights or privileges that are enforceable by anyone not a party to the
Agreement. A gap may exist between the time paper documents are filed in the CLERK’S office and when they
are indexed and imaged on the subscription site. In order to assure the accuracy of the data or information,
SUBSCRIBER should consult the governmental record.
SUBSCRIPTION AGREEMENT FOR ELECTRONIC ACCESS TO OFFICIAL RECORDS
5
The CLERK is neither responsible nor liable for subscription site failures and down time caused by an act
of God, floods, fires, storms, strikes, lockouts, disputes with employees, riots, wars, acts of public enemy,
government restrictions, prohibitions, regulations, or other interferences beyond his control.
His only
responsibility is to bring the subscription site back to acceptable operating efficiency as quickly
as available time
and resources will allow.
Nothing in this Agreement shall be construed as waiving the sovereign immunity of CLERK, his
employees and agents.
ARTICLE 10: WARRANTIES
NEITHER CLERK, HIS EMPLOYEES NOR AGENTS EXPRESSLY OR IMPLIEDLY WARRANT THAT THE
INFORMATION OR DATA ASSESSED BY SUBSCRIBER IS ACCURATE OR CORRECT. THERE ARE NO EXPRESSED
OR IMPLIED WARRANTIES IN CONNECTION WITH THIS SERVICE.
ARTICLE 11: ASSIGNMENT
SUBSCRIBER, agrees not to assign any right or interest in this Agreement.
ARTICLE 12: GOVERNING LAW
This agreement or any dispute arising there from shall in all respects be governed by and interpreted
in accordance with the applicable laws of the State of Florida, and venue for any action shall be Pinellas
County, FL.
ARTICLE 13: ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties, there being no promises,
warranties, or undertakings, written or oral, other than those expressly set forth herein. Furthermore, no
modifications, alterations or amendments to this Agreement shall be valid unless in writing, and signed by
all parties, except as otherwise provided herein.
ARTICLE 14: NOTICE
Any notice or written communication of any kind required or desired to be given or sent
pursuant to the terms hereof shall be delivered in person, mailed or emailed.
SUBSCRIPTION AGREEMENT FOR ELECTRONIC ACCESS TO OFFICIAL RECORDS
6
ARTICLE 15: TERMINATION
This Agreement may be terminated without cause by either party on fifteen (15) days written notice
to the other party.
This Agreement may be terminated immediately by CLERK and without notice to SUBSCRIBER for
SUBSCRIBER’S failure to comply with terms of this Agreement.
Upon termination of this Agreement, access to the subscriber site providing access to the non-public
secure electronic copies of the CLERK’S Official Records’ index and images, and such other records to
SUBSCRIBER will cease.
This Agreement shall be terminated immediately by CLERK if CLERK fails to receive appropriate and
continued funding for operation of the subscription site provided under this Agreement. In the event
immediate termination is required, notification to SUBSCRIBER will be by email and/or telephone contact
followed by email confirmation.
This Agreement shall be terminated by the CLERK on November 1 of any calendar year in which
SUBSCRIBER fails to pay in advance the annual subscription fee. In order for a SUBSCRIBER, whose services
have been terminated for failure to make timely payment, to have services re-activated, the annual fee must be
paid. A new User ID and password may be assigned, at the sole discretion of the CLERK.
This Agreement shall be terminated by CLERK immediately and without notice to SUBSCRIBER in the
event CLERK determines that any safeguard to protect the contents of its Official Records from (1) unauthorized
remote access (2) alteration, or (3) disclosure or modification or exempted matters fail to exist or has been
breached.
In the event of agreement termination, regardless of the reason, the CLERK will not reimburse
SUBSCRIBER for any pre-paid subscription fees and will not prorate any remaining time of subscription period.
ARTICLE 16: SEVERABILITY
If any provision (or part thereof) of this Agreement is found to be invalid, then it shall be stricken
and have no effect. The remaining provisions shall continue in full force and effect.
SUBSCRIPTION AGREEMENT FOR ELECTRONIC ACCESS TO OFFICIAL RECORDS
7
This Agreement is hereby entered into, this day of 20
______________________________
Nancy Dickman
Manager Recording Services
Pinellas County, Florida
Before me this day of , 20 , a Notary Public in and for Pinellas County,
Florida, personally appeared Nancy Dickman, known to me to be the person who executed the subscriber site
agreement acknowledged to me that he executed the same for the purposes therein stated; that he executed
the same as his free act and deed and stated that the facts contained therein are true and correct to the best
of his knowledge, information and belief.
_____________________________ Notary Public
______________________________
Subscriber’s Signature
By:
Title:
STATE OF
)SS
COUNTY OF )
Subscribed and sworn to me before this day of , 20 , a Notary Public in and
for said state and personally appeared
, known to me to be the person
who executed the Subscription Agreement and acknowledged to me that
he executed the same for the
purposes therein stated; that __he executed the same as h
free act and deed and stated that the facts
contained therein are true and correct to the best of h
knowledge, information and belief.
Notary Public
SUBSCRIPTION AGREEMENT FOR ELECTRONIC ACCESS TO OFFICIAL RECORDS
8
EXIBIT A CONTACT
INFORMATION
This contact information includes the mail and email addresses to which required written
correspondence between the parties shall be mailed, in accordance with Article 14.
FOR CLERK: FOR SUBSCRIBER:
Ken Burke, CPA Name:
Clerk
of Circuit Court Title:
Pinellas County, FL Individual Signing Agreement as Subscriber
D/B/A:
Recording Services Address:
315 Court Street, Room 150
Clearwater, FL 33756 City/St/Zip: Phone:
(
)
If you have any questions, please email us at: Fax: ( _)
recording@pinellascounty.org E-mail:
USERS AUTHORIZED UNDER SUBSCRIBER’S SERVICE AGREEMENT
SUBSCRIBER: List name of each individual for which you are authorizing access to subscriber site records under
the terms of your subscriber agreement. Each user will be issued a unique login id and password. You are
responsible for ensuring that each user only has knowledge of his individual login id and password. You must
notify the Clerk immediately upon termination of privileges of any of these users so that the CLERK can disable
the user’s login. Please list any additional users on a separate sheet of paper.
SUBSCRIPTION AGREEMENT FOR ELECTRONIC ACCESS TO OFFICIAL RECORDS
9
User Name
Phone Number
Email Address
Clerk’s Office Use only:
Log In ID
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KEN BURKE, CPA CLERK OF CIRCUIT COURT & (Pinellas County Clerk of the Circuit Court and Comptroller)

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Completed 15 January 2021

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