HomeMy WebLinkAbout20020743.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ACCESS TO CLERK TO THE BOARD DATA BASE
AND AUTHORIZE CHAIR TO SIGN - GREELEY DAILY TRIBUNE
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
to the Board 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 to the
Board, and the Greeley Daily Tribune, 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 to the Board 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 to the Board, and the
Greeley Daily Tribune 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 27th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST:
Gle ad, air
Weld County Clerk to the Board Cr
c� , � David E. Lon , Pro-Tem
BY: �o �/A0
Deputy Clerk to the Bo
M. J. e e
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my Al ne VQ
/� Robert D. Masden
Date of signature: ,3
2002-0743
BC0032
AGREEMENT FOR ACCESS TO CLERK TO THE BOARD DATA BASE
THIS AGREEMENT, dated this 27 day of March 2,002, by and between Greeley Daily Tribune
hereinafter referred to as "User"; Weld County Clerk to the Board, hereinafter referred to as
"Clerk to the Board"; and Weld County, Colorado by and through the Board of County
Commissioners of Weld county, hereinafter referred to as "County".
WITNESSETH:
WHEREAS, County operates computer facilities containing Records of the Board of
County Commissioners, including, but not limited to, Resolutions, Ordinances, Grants, Contracts
and Agreements stored on Clerk to the Board data base, and
WHEREAS, User desires to utilize the services of County's computer facilities and make
inquiries to the Clerk to the Board data base ("the System") for Records of the Board of
County Commissioners, including, but not limited to, Resolutions, Ordinances, Grants, Contracts
and Agreements.
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 to the Board, and User agree as follows:
1. USE OF FACILITIES
County agrees that it will provide inquiry access to the System for Records of the
Board of County Commissioners, including, but not limited to, Resolutions,
Ordinances, Grants, Contracts and Agreements 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 to the Board 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 to the Board 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 to the Board specifically reserve the right to
temporarily suspend access to the System at any time for any reason.
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3. DISCLAIMER OF WARRANTY
County, Clerk to the Board, 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 to the Board, 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 data or information
to User. As to said information, or any computer programming or other software
products which may be supplied by County, Clerk to the Board, 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 to the Board, 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 to the Board at considerable expense. The System constitutes
proprietary property and trade secrets of Eagle Computer Systems, Inc., County,
and Clerk to the Board, 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 to the Board, 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 to the
Board. 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.
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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 to the Board, 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 to the Board, User shall promptly give notice of such fact to Clerk to the
Board and County. User shall promptly return or destroy such information or
material as requested by County or Clerk to the Board and shall provide County
or Clerk to the Board 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 to the Board. 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.
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8. 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 "B".
User shall be responsible for all costs associated therewith.
9. INDEPENDENT CONTRACTOR
County and Clerk to the Board are independent contractors and nothing
contained herein shall constitute or designate County, Clerk to the Board, or any
of their employees or agents as agents or employees of User.
10. 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.
11. 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:
COUNTY:
Director of Information Services
915 Tenth Street
PO Box 758
Greeley, CO 80632
Clerk to the Board:
Weld County Clerk to the Board
915 Tenth Street
PO Box 758
Greeley, CO 80632
USER: Greeley Daily Tribune
Editor, Chris Cobler
501 8th Avenue
Greeley, CO 80632
(970)352-0211, Ext. 230
12. ASSIGNMENTS
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This Agreement is voidable by County or Clerk to the Board if assigned without
the prior written consent of County and Clerk to the Board.
13. 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.
14. 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
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 n Day of March 2002,_.
ATTEST: MO / WELD COUNTY, COLORADO, BY
AND '�;,fl4
I . 1/4` THROUGH THE BOARD OF COUNTY
CLERK TO THE BOA;{r 14"- '% COMMISSIONERS OF WELD
COUNTY 11861 retfiv
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BY: G. ��i�l a d
Deputy Clerk to the : . / gY > hairman,
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p y �i � wL 4 hairman Glenn va. .
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APPROVED AS TO iJRM:
BCoy tyAtt�ne t.
Attorney Bruce T. Barker
USER: '�- l,/,
SUBSCRIBED AND SWORN to before me this 27 day of
March 20Q2 .
WITNESS my hand and official seal.
Notary Public
My commission expires:
Page 6 of 8
EXHIBIT "A"
(Please type or print your Company's Contact information.)
Company: &n itdel,jOu:l)� Tr bv4 e
Address: 5 0 1 ft k A Le, Ghee-ley / 11 0 g04,3 2_
Contact Person: Chris C o b k ri e (---
Phone: ( )Q I 3 c Z -OZI I eXt. 2.30
My company desires to access the Weld County MINUTES+Plus Recording System using compatible hardware and
software.
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.
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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 "Viewer' 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.
o:\recordin\cragreem.998 Revised 3/14/00 Clerk&Rec Agreement 1998 Cris+Plus Dial-Up Access
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