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Home My WebLink About20022731.tiff RESOLUTION RE: APPROVE AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE AND AUTHORIZE CHAIR TO SIGN - CHANCERY TITLE COMPANY, LLC 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 Access to the Clerk and Recorder Data Base between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Clerk and Recorder, and Chancery Title Company, LLC, with 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 Access to the Clerk and Recorder Data Base between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Clerk and Recorder, and Chancery Title Company, LLC, 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 9th day of October, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: fated, / 9 % ` �� EXCUSED DATE OF SIGNING (AYE) Gle aad, C air Weld County Clerk to th rCAV?F3,lGs=j ) IDavid . Lo Pro-Tem BY: •1F . i. _II►�Cs Deputy Clerk to the Boat M. J. teile I ( DASD OR • ---/1464'1 William H. Jerke ounty orn EXCUSED Robert D. Masden /0 Date of signature: /5 2002-2731 C. CR0019 C : SC of AGREEMENT FOR ACCESS TO CLERK&RECORDER DATA BASE THIS AGREEMENT, dated this lb day of M ,p,,,by and between UHi1ap7to«'/dity CL('_ hereinafter referred to as AUser@; Weld County Clerk&Recorder,hereinafter referred to as AClerk & Recorder@; and Weld County, Colorado by and through the Board of County Commissioners of Weld county,hereinafter referred to as ACounty@. WITNESSETH: WHEREAS, County operates computer facilities containing General Records, Real Estate, and UCC Financing Statements stored on Clerk&Recorder=s data base, and WHEREAS,User desires to utilize the services of County=s computer facilities and make inquiries to the Clerk&Recorder=s data base (Athe System@) for General Records,Real Estate, and UCC Financing Statements. NOW, THEREFORE, in consideration of the promises and covenants contained herein, and for other good and valuable consideration, sufficiency as hereby acknowledged, the County, Clerk& Recorder, and User agree as follows: 1. USE OF FACILITIES County agrees that it will provide inquiry access to the System for General Records,Real Estate, and UCC Financing Statements located in Weld County, Colorado. Access will be given by County to User in as timely a manner as is possible;provided,however, that County shall have sole authority to assign priorities to the running of the County computer operations. In no event shall County or Clerk&Recorder be responsible or liable for any incidental, consequential, or special damages resulting from any delay or failure to perform under this Agreement. 2. SUSPENSION OF SERVICES County and Clerk&Recorder shall not be liable or deemed in default for any delay or failure in the performance of this Agreement resulting directly or indirectly from any cause, including,but not limited to, computer down time,reformatting, and file updates. County and Clerk&Recorder specifically reserve the right to temporarily suspend access to the System at any time for any reason. 3. DISCLAIMER OF WARRANTY County, Clerk&Recorder, and Eagle Computer Systems, Inc., do not warrant or guarantee the accuracy or correctness of any information furnished to User pursuant to this Agreement. User agrees that any such information or data shall be used or relied upon only at the risk of User. User agrees to indemnify and hold harmless County, Clerk& Recorder, and Eagle Computer Systems, Inc., their elected officials, officers, employees, and servants from any liability, claims, loss, damages,injury, costs and attorneys fees arising out of the procuring, compiling, collecting, interpreting, or communicating of such Page 1 of 8 Pages 2002-2731 data or information to User. As to said information, or any computer programming or other software products which may be supplied by County, Clerk&Recorder, and Eagle Computer Systems, Inc.,under this Agreement,there are NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event shall County, Clerk&Recorder, or Eagle Computer Systems, Inc.,be responsible for any incidental, consequential, or special damages arising out of the use of data base information furnished herein. 4. PROPRIETARY RIGHTS The System has been produced by Eagle computer Systems, Inc., for use by County and Clerk&Recorder at considerable expense. The System constitutes proprietary property and trade secrets of Eagle Computer Systems,Inc., County, and Clerk&Recorder, whether or not any portion thereof is or may be validly patented or copyrighted. All proprietary rights in the System shall at all times remain with Eagle Computer Systems, Inc., County, and Clerk&Recorder, and no proprietary rights hereby transfer to User. Furthermore, User shall not reproduce by print, magnetic, electrical, optical, or other means any portion of the System or its components without the express written permission of Eagle Computer Systems, Inc., County, and Clerk&Recorder. These three entities shall remain the sole owners of the computer programs and system and at no time shall User have the right to license, sublicense, assign, sell, copy, or otherwise make available to other persons or institutions part or all of the System. Page 2 of 8 Pages 5. INDEMNIFICATION AND NOTICE OF DISCLOSURE In addition to containing public record information, a substantial amount of information stored in the County=s data storage facility is confidential and not subject to unauthorized disclosure. Many of the data processing programs,processes, or other software products in the possession of County are confidential and may be protected by copyright,trade secret, or other proprietary right and are not subject to unauthorized disclosure. User agrees to indemnify and hold harmless County, Clerk&Recorder, and Eagle Computer Systems, Inc.,their elected officials, officers, agents, and employees from all liability, claims, damages, and expenses, including attorneys fees, arising out of the retrieval or disclosure of any information not authorized for retrieval under paragraph 1 or failure to comply with any provision of this Agreement. This indemnity shall survive the termination of this Agreement. In the event User obtains access to any information not authorized for retrieval or any computer programs,process, or other software in the possession of County or Clerk& Recorder, User shall promptly give notice of such fact to Clerk&Recorder and County. User shall promptly return or destroy such information or material as requested by County or Clerk&Recorder and shall provide County or Clerk&Recorder with the names and addresses of all persons known to User who had access to or acquired knowledge of said information or material. 6. COMMENCEMENT OF SERVICES Services to be performed under this Agreement shall commence on the date this Agreement has been executed by both parties and shall continue until terminated pursuant to paragraph 7,below. 7. TERMINATION Failure of User to comply with any provision of this Agreement shall be cause for immediate termination of this Agreement by County or Clerk&Recorder. This Agreement may be terminated by either of the parties at any time upon 30 days written notice to the other party. This Agreement shall continue until terminated by either of the parties. Page 3 of 8 Pages 8. PAYMENTS TO COUNTY Payment to County for services under this Agreement shall be upon submission of invoices to User. Payment shall be made within 30 days of mailing of the invoice. Billing shall be based upon County=s rate schedule attached hereto as Exhibit AA@ and incorporated by reference herein. The schedule of rates as set forth in Exhibit AA@ are subject to change. County will provide User with 60 days written notice of any change in the rates. User may terminate the Agreement on the effective date of such change by giving County at least 30 days prior written notice of such termination; otherwise,the new rates shall become effective. 9. EQUIPMENT User shall provide its own computer hardware and modem(s)for interface to the System. The modem(s)shall comply with County specifications in Exhibit AB@. User shall be responsible for all costs associated therewith. 10. INDEPENDENT CONTRACTOR County and Clerk&Recorder are independent contractors and nothing contained herein shall constitute or designate County, Clerk&Recorder, or any of their employees or agents as agents or employees of User. 11. ATTORNEYS FEES AND COSTS In the event that any action is filed in relation to the payment of fees for services provided under this Agreement,the unsuccessful party in the action shall pay to the prevailing party,in addition to all other sums that either party may be called upon to pay,the prevailing party=s costs and reasonable attorneys fees. 12. NOTICES Any notice required to be given by this Agreement shall be considered delivered upon mailing,postage prepaid,to the party as appropriate,unless otherwise provided herein, addressed as follows: Page 4 of 8 Pages COUNTY: Director of Information Services 915 Tenth Street PO Box 758 Greeley, CO 80632 CLERK&RECORDER: Weld County Clerk&Recorder 1402 N. 17th Avenue Greeley,CO 80631 USER: 13. ASSIGNMENTS This Agreement is voidable by County or Clerk&Recorder if assigned without the prior written consent of County and Clerk&Recorder. 14. VENUE Venue for any and all legal actions regarding the transaction herein shall lie in the District Court in and for the County of Weld, State of Colorado. This transaction shall be governed by the laws of the State of Colorado and this Agreement shall be construed and the legal relations between the parties hereto determined in accordance with the laws of the State of Colorado. 15. AMENDMENT This Agreement constitutes the entire understanding of the parties. This Agreement cannot be modified or amended and no attempted modification or amendment shall be valid or binding, unless executed in writing by the parties hereto. This agreement supersedes all proposals, oral or written, and all other prior communications between the parties relating hereto. Any waiver by either party of any requirement of this Agreement shall not constitute a waiver of any other requirement of this Agreement nor the same requirement on a separate occasion. User acknowledges that it has read, understands, and is bound by each and every term hereof and incorporated herein. Page 5 of 8 Pages The terms and conditions of this Agreement shall prevail not with standing the variance of any terms and conditions of any purchase order submitted to County. SIGNED this r b Day of 5e0- ATTEST:,a Ae / ,�/\ J La`t, WELD COUNTY, COLORADO, BY AND x� THROUGH THE BOARD OF COUNTY CLERK TO THE BO F kV COM ISSIONER OF WELD COUNTY BY: „ � Deputy Clerk to the B UN( .I Glenn Vaad, Chair (1U] 9/2002) WELD COUNTY CLERK RECO ER 4sukiTsuTk 1-7 APPR2VE S TO FORM 1fY: Cm )/ orney, Br ce Barker USER: 6t1,4,-c.t., T itt anir/,9,1 LICE di /a -,771GBaer 6E ace?'es.Jar SUBSCRIBED AND SWORN to before me thisa' ay of6,14}endoeh1 ADO a_ WITNESS my hand and official seal. KRIS NIEDRINGHAUS NOTARY PUBLIC No Publi STATE OF COLORADO My COWtt,.t, r•oh EXPI Canintatittllenmpaiso,2005 Page 6 of 8 Pages EXHIBIT A . (Please type or print your Company=s Contact information.) Company:Chute?,el !A (V, ±/L Address: 3750 bewilo✓1 5;;+c fee 'krth tco 800 -Ifd Contact Person: Zee, ._77-biLactO Phone: 3s3-- 375- 5b My company desires to access the Weld County CRIS+Plus Recording System using compatible hardware and software. The type of access which I desire is marked below(please initial your choice). 1) Dedicated access in which I am willing to pay a setup charge of$4,700.00 payable at the time of setup or a setup charge of$5,000 payable in 12 monthly installments of$416.67 beginning at the time of setup. In addition to the installation fee that is chosen,there is a$50 maintenance fee each month to maintain the dedicated access. I also understand and agree to pay all phone line costs, long distance charges, and the costs of purchasing any and all necessary computer hardware and software which will enable my company to participate in the dedicated access. If selecting option number 1, select the installation fee payment method by initialing your choice below (both options require the monthly maintenance fee). I prefer the one-time setup fee($4,700) I prefer the 12 monthly installments($5,000) X 2) Occasional access at the rate of$0.25 per minute of access time on the CRIS+Plus Recording System. This option is for occasional use only. Companies frequently exceeding 80 minutes a day will be required to switch to the dedicated access. I understand and agree to pay all phone line costs,long distance charges, and costs of purchasing any and all necessary computer hardware and software which will enable my company to participate in the occasional access. Phone line costs, long distance charges, and in-company office computer hardware and software, and installation is the responsibility of the company--Not Weld County. I hereby authorize Weld County,Colorado,by and through its Information Services Department to purchase all necessary and appropriate computer hardware and software on behalf of my company based upon the access I have chosen above. I understand that I will be billed by Weld County for the costs of the computer hardware and software within 15 days of its acquisition. I agree to pay such billing within 30 days of receipt. Page 7 of 8 Pages EXHIBIT B Recommended Hardware/Software for CRIS+ Access: Personal Computer: Recommend an IBM compatible computer with a minimum of a 486/66 MHZ or Pentium CPU, and Hard Drive, that will run the latest version of PC Anywhere. Modem: A minimum 56K baud modem, Hayes compatible. The phone line should have advanced features such as call forwarding disabled. Video: A high quality color SVGA monitor is required. A minimum of a 17" monitor or larger is recommended for viewing images. A graphics board may be required depending on the PC and monitor and must be compatible with your hardware. Software: A current version of PC Anywhere communication software is required. Only the AViewer@ version is needed. This version of software should be compatible with either Windows 3.1 or Windows 98 based on your configuration. Printer: Reports and documents may be printed at your location. The Clerk=s Office uses a Hewlett Packard LaserJet printer with 16MB RAM for printing. The CRIS+ system is an integrated optical imaging system using an Oracle database. The software actually runs on a CPU at the Clerk=s Office that you access via phone lines. Once you request access, you will receive a specific sign on for the phone number. Billing for the access will be done on a monthly basis. oArecordin\cragreem.998 Revised 3/14/00 Clerk&Rec Agreement 1998 Cris+Plus Dial-Up Access Page 8 of 8 Pages Hello