HomeMy WebLinkAbout20020455.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COPIES OF COUNTY RECORDS AND AUTHORIZE
CHAIR TO SIGN -TITLE RECORDS, 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 Copies of County
Records 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 Title
Records, 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 Copies of County Records 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 Title Records, 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 25th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
( '4ttt
WELD COUNTY, OL RADO
ATTEST: goilVaad, C
Weld County Clerk to the 1d @
W 4 'David . ng, Pro-Tern
BY: .
Deputy Clerk to the Boar� t
M. J. Geile
R ED A F M: /,-
William . Jerke
noun Attotn &
Robert D. Masden
Date of signature: 3/5
2002-0455
ee eY,Q, e ,C'orp's. e/9 CR0019
AGREEMENT FOR COPIES OF COUNTY RECORDS
THIS AGREEMENT is made and entered into this a day of februA( by and
between 77-He R corSs1 LI_C , whose address is 1-3O ,S w mS y4eigi RwlcSen,6) Etv./0/
hereinafter referred to as "Records Requestor," and the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street,
Greeley, Colorado 80631, on behalf of the Weld (County Clerk and Recorder's Office, hereinafter
referred to as "Weld County."
WITNESSE IL:
WHEREAS, the Weld County Clerk and Recorder's Office generates certain data and
information in the course of its work, which data and information arc stored electronically on computer
tapes and/or discs, and
WHEREAS, Records Requestor desires to obtain copies of the electronically stored data and
information, and to reformat the data and information in a fashion which is desired by Records
Requestor, and
WHEREAS, Records Requestor has previously requested copies of said data and information,
pursuant to the provisions of Sections 24-10-201, et seq., C.R.S., and
WHEREAS, Weld County has a capacity to provide copies of such electronically stored data
and information to Records Requestor by disk at a cost which Records Requestor agrees is reasonable
and which Records Requestor agrees to pay at the time of receiving the copies of such data and
information.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. DATA AND INFORMATION TO BE SUPPLIED:
Weld County agrees to provide copies of that portion of the Weld County Clerk and
Recorder's Office data base which includes all of those data elements which are
described in the attached Exhibit "A." Data elements may be added to or subtracted
from those set forth in Exhibit "A" without any modifications to this Agreement and/or
prior approval by the Board of County Commissioners of Weld County; however, any
additions to or subtractions from the data element list in Exhibit "A" shall be made only
upon the prior written approval of Weld County Clerk and Recorder.
Page 1 of 5
2002-0455
2. PAYMENT FOR COPIES OF DATA AND INFORMATION:
Records Requestor agrees to pay for the costs incurred by Weld County in providing the
copies of data and information described in Section 1, above. Those costs incurred shall
be according to the rates listed in the attached Exhibit "A." Records Requestor agrees
that those costs set forth in Exhibit"A" are fair and reasonable and understands and
agrees that the rates may be changed by Weld County at any time to reflect increases or
decreases in the costs to Weld County for producing such copies of data and
information. Records Requestor agrees to pay for those copies run by Weld County at
the request of Records Requestor at the time of its receipt of the copies.
3. METHOD OF DELIVERY:
A. Weld County agrees to provide the copies of the data and information set forth
in Section 2., above, on disks which shall be paid for by Records Requestor as
part of the cost of obtaining the data, at a standard density agreed to by the
parties.
B. Weld County agrees to format each record in the same manner and agrees to
apprise Records Requestor of the length of each record, blocking factors, coding
factors, and any other pertinent information. Record length is described as
"fixed."
C. Weld County agrees to provide Records Requestor with the file descriptions and
tape layouts of the data and information and all necessary tables to decode the
file elements.
4. REPRESENTATIONS:
A. Weld County represents that it will use its best efforts to provide accurate data
and information to Records Requestor pursuant to the terms of this Agreement.
Weld County does not, however, guarantee the accuracy of the data and
information provided. All Weld County Clerk and Recorder's Office data and
information are subject to change, correction, addition, or deletion without
notice to Records Requestor.
B. Records Requestor represents that it will not, under any circumstances, resell the
raw data and information provided by Weld County to any third party.
Page 2 of 5
5. MISCELLANEOUS:
A. This Agreement shall be binding upon and inure to the benefit of Weld County
and Records Requestor and their respective successors and assigns.
B. No alteration or variation of the terms of this Agreement shall be valid unless
made in writing and signed by both of the parties.
C. This written Agreement is the entire understanding of the parties with the respect
to the subject matter hereof, and may not be changed or modified except as
stated in paragraph 5.B., above.
D. Records Requestor shall indemnify Weld County, its officers and employees
against liability for injury and damage caused by any negligent act or omission
of any of Records Requestor employees or volunteers or agents in the
performance of this Agreement or in the reformatting and sale of the data and
information provided to Records Requestor, and shall hold Weld County
harmless for any loss occasioned to Records Requestor as a result of the
performance of this Agreement by Weld County.
E. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to create a duty of care with respect to any
persons not a party to this Agreement.
F. No portion of this Agreement shall be deemed to create an obligation on the part
of Weld County to expend funds not otherwise appropriated in each succeeding
year.
•
Page 3 of 5
{_ IN.WITNESS WHEREOF,the parties hereto have signed this Agreement this / t± day of
ortainsa
COUNTY OF WELD, STATE OF
COLORADO BY AND THROUGH THE
CLERK TO THE BOARD OF
COMMISSIONERS BOARD OF
COUNTY COMMISSIONERS
ATTEST: guriS ;,` 1E#.4
f/(.�� wow• �� St_
%Lc. g �!i�,�- 10-sty By:
Deputy Clerk to the :. Glenn Vaad Chairman
et v� (02/25/2002)
RECORDS REQUESTOR:
By:
Name: F(1n ti Y JCC)D
,��y� Titl
e:
I_ ""*"3 1514'
AND SWORN to before me this (7 day of re/64 {C,Y ,2004
WITNESS my hand and official seal.
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Notary Public
My commission expires: 3'3 I tJ
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Page 4 of 5
EXHIBIT"A"
The Records Requestor requests copies of the following data elements of the Weld County
Clerk and Recorder's Office data base: (please mark your choice)
l 1,- Compact Disks containing images of the Weld County Clerk & Recorder's recorded documents.
Fee - $100.00 per month Aril Iggg 5 O1Arr€ Tl1 i V Compact Disks containing indexes from the Weld County Clerk & Recorder's Office.
Fee - $250.00 per disk, each disk contains 3 months
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Page 5 of 5
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