HomeMy WebLinkAbout20013067.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE
AND AUTHORIZE CHAIR TO SIGN - CREWS AND ZEREN
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 Crews and Zeren, 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 Crews
and Zeren 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 October, A.D., 2001.
BOARD OF "OUNTY COMMISSIONERS
/, WELD TY, COLORADO
ATTEST: 4,444��� ; '4 E La� lf`�III,rii�
. Geile, Ch r
Weld County Clerk to the Bo-►861ft
�9--, '.
/ l G't n Vaad, m
BY: 1. .. eft .=` - l/
Deputy Clerk to the Board V/ i-i �
Willi H. Jerke
APP D AS T RM: E
s vi E. L ng
oun Affor ey
II/5
Robert D. Mas en
Date of signature:
2001-3067
CR0018
cc,.' Cv, Lirex -ZT
AGREEMENT FOR ACCESS TO CLERK & RECORDER DATA BASE
THIS AGREEMENT/ dated this 117 day of li"C±C O1 /, by
and between (yeW5 F xC'!'P th , hereinafter referred to as "User";
Weld County Clerk & Recorder, hereinafter referred to as "Clerk &
Recorder"; 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 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 ("the 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.
Page 1 of 8 Pages
2001-3067
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 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
"A" and incorporated by reference herein.
The schedule of rates as set forth in Exhibit "A" 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. EOUIPMENT
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.
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 29th Day of October , 2001 .
ATTEST: e/J
J��,../�/ d { 1 ; , WELD COUNTY, COLORADO, BY AND
� 1 , .y THROUGH THE BO D OF COUNTY
CLERK TO THE BOARD R' i f` 1 401 COMMISSIONER OF WELD COUNTY
BY: . L_1 O. _\'A7 .A i "a ` BY:
Deputy Clerk to iC: :cciir I Chair n , M. J. Geile (10/29/2001)
.
91
WELD UNTY CLERK RECORDER
a „
BY-
.A. "Suki" Ts
APPkO D AS O
BY:
oi,int ttorney
USER: - 11
0" .
(1)NTA RIBED AND SWORN to before me this /7 day of
WITNESS my hand and official se,2.
Not ry Public
My commission expires : ( /
Page 6 of 8 Pages
EXHIBIT. "A
(Please type or print your Company's Contact information.)
Company: crews fi Zereri a
Address: O IJo X 3 3& .3 5 7
Gree(Q,�j CO W 6 33 --060'
Contact Person: 1 I f �
\ raid s
Phone: B 5VAN 3 3
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)
X2) 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 "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
Page 8 of 8 Pages
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