HomeMy WebLinkAbout20111583 RESOLUTION
RE: APPROVE AGREEMENT FOR IMPLEMENTATION, HOSTING, AND MAINTENANCE
OF REAL ESTATE TAX PROCESSING AND PAYMENT SOFTWARE (AUTOAGENT),
AND AUTHORIZE CHAIR TO SIGN - DESIGNTEK ONE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Implementation,
Hosting, and Maintenance of Real Estate Processing and Payment Software (AutoAgent)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Treasurer's Office, and Designtek ONE, Inc.,
commencing upon full execution, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Implementation, Hosting, and Maintenance of
Real Estate Processing and Payment Software (AutoAgent) between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Treasurer's Office, and Designtek ONE, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLC}RADO
ATTEST: 0,1 . �%S�`� �/ L C<< r-€ /
7Brbara Kirkmeye hair
Weld County Clerk to t 1=o . �
'86t EXCUSED
�, 4 ,� �� �" Sean P. Conway, Pro-Tem
BY: co. %
Deputy Clerk to the :\l �` 4' EXCUSED
UN1 Will m F. Garcia
AP ED O F M: EL
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level E. Long 1J
y Attorney ucaQ\cv.a 9Clesklink
Douglas Ikademacher
Date of signature: 7/9
Crick -�c� Retti�e-(T�� ek: TR 2011-1583
-1 - 1c1-1/ TR0026
Designtek ONE, Inc.
2619 W. Agatite Avenue
�S Chicago, IL 60625
T: 773.784.0709
Escrow Tax Payments Made Easy
AGREEMENT:
The Implementation, Hosting and Maintenance of
The Real Estate Tax Processing and Payment Software known as "AutoAgent Software"
Prepared for:
Weld County Treasurer, Colorado
1
2011-1583
•
Designtek ONE, Inc.
2619 W. Agatite Avenue
Chicago, IL60625
T: 773.784.0709
Escrow Tax Payments Made Easy
AGREEMENT
This AGREEMENT is made and entered into as of 4/22/2011, by and between Designtek ONE, Inc. (hereinafter,
"Designtek"), an Illinois corporation, maintaining its principal place of business at 2619 W. Agatite Avenue, Chicago, II
60625, and the County of Weld, by and through the Board of County Commissioners of the County of Weld, on behalf of
the Weld County Treasurer(hereinafter, "the Tax Collector"), maintaining its principal place of business at P.O. Box 758,
915 10th Street, Greeley, CO 80632.
1. TERM: This agreement shall be in effect for a period of one (1) year from the date of its acceptance by Tax Collector,
and shall be renewed automatically for successive one(1)year terms thereafter, subject to the right of either party to
terminate anytime during the term (initial term or as extended thereafter) by providing the other party written notice of the
desire to terminate at least thirty (30) days prior to the intended date of termination
2. COMPUTER OPERATIONS: Designtek will provide computer usage of its Autoagent software and related systems and
services to the Tax Collector. There is no fee to be paid to Designtek from the Tax Collector associated with the usage of
the aforementioned software or any services related to the use of this software. The fees are paid by the end users of the
software ("Payers"). These users are third party companies that are interested in paying escrow or bulk real estate taxes
electronically using Autoagent software. The entire year of 2011 of using Autoagent by Tax Collector will be free of
charge to all involved users.The normal fees for using Autoagent will begin being in effect from the year 2012.
The fee associated with the use of the software is a maximum of$0.20 per parcel ("Fee"). The computer software will be
available 7 days a week, 24 hours a day except time for scheduled maintenance.
3. INDEMNITY: Designtek agrees to indemnify and hold harmless the Tax Collector against loss or threatened loss or
expense by reason of the liability or potential liability of the Tax Collector for or arising out of any claims for damages
related to the use of Designtek's software and business practices.
4. PROGRAMMING: Designtek will provide programming services as needed to meet the requirements of the Tax
Collector in accordance with the business rules and regulations that the Tax Collector operates under in terms of
collecting escrow real estate taxes. Designtek shall have no access to any computer hardware of the Tax Collector unless
the Tax Collector provides limited access to Designtek for the sole purpose of distributing data directly related to the
operation of Designtek's software. Designtek shall employ all necessary professional practices and take all precautions to
ensure that the Tax Collector's systems are intact and free of any harm.
5. IT IS EXPRESSLY AGREED AND UNDERSTOOD THAT: The fee payable to Designtek from the Payers hereunder
includes and shall cover all of the services set forth in this agreement and there will be no additional charges whatsoever
to the Tax Collector for changes to the system required by programming errors or modifications or any incidental user
support.
6. NO PAYMENT: The Tax Collector shall not be liable in case of no payment to Designtek from a Payer. The collection of
use fees from Payers is strictly between Designtek and the Payer. In case of payment dispute between Designtek and any
Payer, Designtek shall employ best customer service practices to ensure that the Payer remains a satisfied customer of
Designtek.
2
Designtek ONE, Inc.
2619 W. Agatite Avenue
•
Chicago, IL 60625
• w 7: 773.784.0709
Escrow Tax Payments Made Easy
7. MAINTENANCE AND HOSTING: Designtek agrees to pay for maintenance and hosting of all computer equipment
related to the smooth and normal operation of Autoagent software. The Tax Collector shall not be responsible for any
expenditures that Designtek may incur in relation with the maintenance and hosting of Designtek's application software.
8. WAIVER OF AGREEMENT: A term of condition of this Agreement can be waived as modified only by written consent
by both parties.
9. CONFIDENTIALITY: Designtek agrees that it will not disclose any proprietary information, real estate data, records,
addresses or any data or information related to the Tax Collector to any unauthorized third party without the written
consent of the Tax Collector.
10. OWNERSHIP AND LICENSE: All of the software developed and compiled by Designtek pursuant to this agreement
shall be the property of Designtek.
This Agreement shall be governed by the laws of the State of Illinois:
ACCEPTANCE
For the Customer For AutoAgent Software, Inc.
Organization: Weld County, Colorado Company: Designtek ONE,-Inc.:
Your Name: Ba ara Kirkme er ,Chair Name: Nil. 3W,cejonos
Signature: Vi iic. tlJlhii,,L, Signature:
Date: JUN 2 9 2011 / Title: President ,
Address: 915 10th Street Date: L/l2 Z
Greeley, CO 80631 Address: 2619 W. Agatite Ave
Chicago, IL 60625
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