HomeMy WebLinkAbout941081.tiff RESOLUTION
RE: APPROVE AGREEMENT AMONG CLERK AND RECORDER, SKLD INFORMATION
SERVICES, L.L.C.,AND SKLD TITLE SERVICES, INC., AND AUTHORIZE CHAIRMAN TO
SIGN
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 among the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Clerk and Recorder, and SKLD Information Services, L.L.C., and SKLD Title Services, Inc.,
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 among the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Clerk and Recorder, and SKLD
Information Services, L.L.C., and SKLD Title Services, Inc. be, and hereby is, approved.
.E IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign aid agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of November, A.D., 1994.
L , / //1 BOARD OF COUNTY COMMISSIONERS
ATTEST: ,Us //f WELD COUNTY, COLORADO
t `
Weld County Clerk to the Board tC/I/Ol ll gyp.,
W. H. e� irman "� Y
BY:
4ycleot&ElAard Dale . Ha , ro- e
APPRO D AS TO FORM:
eorge . Baxter
��//` --0(17 _77LA EXCUSED
County Attorney Con tance L. Harbert
-../- „tom
arbara J. Kirkmeyer
941081
&20O/1
d ; CiQ; e/9j sKLD (Kirchmar)
AGREEMENT
(Weld County, Colorado)
This Agreement is by and between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Clerk and Recorder of Weld
County, Colorado ("Recorder"), whose office address is 1402 N. 17th Ave., Greeley, Colorado
80631,and S-K-L-D Information Services, L.L.C., and S-K-L-D Tide Services, Inc. (collectively,
"SKLD"),whose office address is 4647 East Evans Ave.,Denver, Colorado 80222, and is dated as
of November 2, 1994.
RECITALS
A. Recorder, pursuant to applicable statutes, receives, records, and indexes various
documents related to real property located in Weld County, Colorado. Effective as of August 1,
1994,as authorized by statute,Recorder commenced to maintain the Recorder's copies of recorded
documents by digital scanning and storage. Recorder intends to cease to provide to SKLD, title
companies, oil and gas companies, and others microfilm copies of recorded documents intending
henceforward to provide copies of recorded documents only as digitally-stored images or as printed
paper copies made from such digitally-stored images.
B. SKLD is in the business of operating and maintaining a title plant for Weld County,
Colorado (and other counties), including maintaining copies of recorded documents, maintaining
computer data bases of information copied from recorded documents, and constructing and
maintaining tract and other indices, plat and ARB map files, and covenant files, and collects and
organizes for retrieval related records,information,and material. SKLD provides access to such title
plant to various title companies.
C. SKLD and Recorder recognize the importance to Recorder, SKLD,title companies
doing business in Weld County, and the public at large that copies of recorded documents and
information from recorded documents be available promptly for inspection and use and that relevant
indices in their respective offices be updated as soon as possible following the reception of such
documents. Recorder and SKLD desire to minimize the period between the time of reception of a
document and the time information from the recorded document becomes accessible on the
Recorder's indices and on the SKLD title plant indices.
D. Recorder wants SKLD to provide to Recorder for its own use and for resale to
identified customers of Recorder copies of recorded documents on 16 mm microfilm in a format
similar to that currently provided by Recorder.
1
9''i 0' 1
In consideration of the preceding Recitals and the mutual obligations and undertakings set
forth below, SKLD and Recorder agree as follows:
Agreement
1. Obligations of Recorder.
A. General. Upon Recorder's reception of documents for recording, Recorder
shall promptly digitally scan and store such documents. Recorder shall provide to SKLD
continuously during the term of this Agreement direct, on-line access to a separate, current,
computer directory of files containing digital images of digitally-scanned recorded
documents and files of keyed data pertaining to such recorded documents. Such directory
and files shall initially meet the specifications set forth in Exhibit A which is attached to and
made a part of this Agreement. The files contained in such directory gall be duplicates of
the files maintained by Recorder of all recorded documents and the corresponding keyed
data. Recorder shall provide SKLD prompt access during regular business hours to
Recorder's computer system and SKLD shall install the systems described in Exhibit A, all
subject to and on the terms provided in Exhibit A, and Recorder shall provide the systems
and equipment configured as described in Exhibit A.
B. SKLD Payment. In consideration of Recorder's undertakings described
in paragraph 1,A., above, SKLD shall pay Recorder $.10 per page of recorded document
which is placed by Recorder in the computer directory described in paragraph 1.A., above.
Recorder shall prepare and send to SKLD a monthly invoice of such charges for each
calendar month as soon as practicable following the end of each month. SKLD shall pay
such invoice within 20 days of receipt.
C. Backup File. Recorder shall provide to SKLD upon SKLD's request in a
format, on a medium, and pursuant to the teens and provisions set forth on Exhibit A a
backup copy of any digital image files and associated keyed data files which SKLD cannot
successfully copy from the directory of files described in paragraph 1.A., above.
D. Mutual Cooperation. Recorder's conversion to digital scanning and digital
storage of recorded documents represents new technology to the Recorder and SKLD, and
Recorder and SKLD recognize that problems with the recording, indexing, and conversion
processes may arise for which the parties have not made adequate plans. SKLD and
Recorder shall cooperate in all reasonable ways to solve any technical, systems, or other
problems related to performance of the provisions of this Agreement to the end that SKLD
2
941080
shall have virtually concurrent access to documents and keyed data as documents are
received and digitally scanned and Recorder shall receive as promptly as possible microfilm
copies of all recorded documents as provided in paragraph 2., below.
E. Future Changea. Recorder and SKLD recognize that the current
configuration of Recorder's equipment, software, and telecommunication equipment may
change to provide better,broader,faster, or more economical service. Recorder and SKLD
will consult and cooperate with one another with respect to any such proposed changes to
the end that the purposes of this Agreement are fulfilled and cost to the parties from such
changes are minimized insofar as reasonably practical.
2. Microfilm Purchase
A. Provision of Microfilm. SKLD will provide to Recorder before 12:00
noon on each business day a minimum of nine duplicate rolls of 16 mm diazo microfilm
containing a copy of each document received,digitally scanned, and stored by Recorder and
received by SKLD by 5:00 o'clock p.m. on the prior business day as contemplated by
paragraph 1.A., above,and the specifications set forth in Exhibit_A. Each roll of microfilm
provided on a daily basis shall contain a complete copy of the document pages corresponding
to the data files in the directory established pursuant to paragraph 1.A., above.
B. Price. Provided Recorder purchases on a daily basis a minimum of nine
duplicate rolls of microfilm, the first three duplicate rolls (two of which are intended for
Recorder's own use and one of which will be sent by Recorder to the State archive) shall be
provided by SKLD free of charge and each additional duplicate roll of microfilm shall be
purchased at a price equal to $.10 per each page(frame)contained on such roll. SKLD shall
prepare a monthly invoice for each calendar month and payment shall be due 20 days
following receipt of such invoice by Recorder.
C. Changes in Orders. Recorder shall notify SKLD no fewer than two
business days in advance of any change in the numbers of duplicate rolls of microfilm (but
not fewer than nine) being purchased by Recorder.
3. Commencement of Operations. Recorder and SKLD shall use best efforts to
implement the operations contemplated by this Agreement as quickly as possible. Recorder shall
continue to provide microfilm copies of recorded documents to SKLD as currently provided until
operations are commenced and proceeding routinely under this Agreement.
•
941080
4. Remedies.
A. Interruption of Services. Notwithstanding any other provision of this
Agreement,neither SKLD nor Recorder shall interrupt such party's performance under this
Agreement on account of the alleged non-performance by the other party to this Agreement
except on 30 days' prior written notice of the default and stating the notifying party's
intention to terminate performance.
B. Specific Performance The parties acknowledge that the subject matter
of this Agreement is unique and that the failure of either party to perform under this
Agreement would cause damage which is not susceptible to accurate estimation.
Accordingly, Recorder and SKLD agree that the provisions of this Agreement may be
enforced by specific performance. Recorder and SKLD agree that the maximum bond which
either party will be required to post with a court in connection with a lawsuit requesting
specific performance shall be $5,000.
5. Notices. Notices shall be effective upon actual receipt. Notices may be
delivered in person,by nationally recognized overnight courier delivery service, by first-class mail,
or by telecopy transmission(provided receipt is confirmed and a confirmation copy is sent by U.S.
mail or personal delivery). In the event either party refuses to accept and receipt for delivery of any
notice permitted or required under this Agreement, notice shall be deemed to be effective five
business days following deposit of such notice in the United States mail, postage prepaid, and
addressed to the recipient party at the address stated beneath such party's name below. Such
addresses may be changed from time to time by notice.
6. Miscellaneous. This Agreement is binding on the parties and their respective
successors and assigns. This Agreement constitutes the entire understanding of the parties with
respect to its subject matter and may not be amended except pursuant to a written document executed
by both parties.
This Agreement has been executed to be effective as of the date first stated above,
notwithstanding the actual date or dates of execution.
4 •
941080
SKLD INFORMATION SERVICES L.L.C.
a Colorado limited� liability company
By: et ,ut %chntQ *51
Clarence L. Kirchmar, Manager
SKLD TITLE SERVICES, INC., a Colorado
corporation&Ma
By: aX 4 ; -.)
Clarence L. Kirchmar, President
4647 East Evans Avenue
Denver, CO 80222
0
ATTEST A D ,!I i COUNTY OF WELD, STATE OF COLORADO,
�,,1 14. 4//`v(,a, by and through the Board of County
Commissioners of Weld County, on
• behalfof the WELD COUNTY CLERK AND
RECORDER
Deputy Clerk to the BoarcL
By:
WILLIAM H. WEBSTER, Chairman 11107W
5
RXHIBIT A
This Exhibit A supplements the preceding Agreement between the Clerk and Recorder of Weld
County, Colorado("Recorder") and S-K-L-D Information Services,L.L.C., and S-K-L-D Title Services,
Inc. (collectively, "SKLD"). This Exhibit provides the specifications upon which the Recorder shall
provide to SKLD access to Recorder's digitally scanned and stored recorded documents and the related
keyed data. In furtherance of the Agreement,Recorder and SKLD shall perform as follows:
1. Network Access. Recorder shall provide to SKLD constant and continuous
access to the Recorder's Novell server running the FlexIP Netware Loadable Module during all
periods of time that the Recorder's Novell server is in service for normal/usual operations as more
fully detailed below.
2. Telecommunications. Recorder shall permit SKLD and/or its designated
telecommunications contractors to install a Channel Service Unit/Digital Service Unit(CSU/DSU),
and Internet Protocol (IP)Router, and a 56Kbps dedicated digital circuit at the Recorder's Novell
local area network site, configured and interconnected such that this set of telecommunications
equipment is terminated on the Recorder's Novell network so as to provide SKLD constant and
continuous access to a directory of public records information, as more fully described below. In
regard to such SKLD equipment at the Recorder's site,the Recorder shall provide SKLD and its
designated contractors reasonable escorted access to the Recorder's site of the SKLD equipment
during Recorder's normal business hours for the purpose of installation, troubleshooting, and
maintenance of the SKLD equipment, and SKLD agrees to release the Weld County and the
Recorder from liability for the SKLD equipment located at the Recorder's site.
3. Dedicated Directory. Recorder shall allocate a dedicated directory on its Novell
file server with a dedicated random access storage capacity of at least 200 million bytes,and permit
SKLD constant and continuous access to all information in that dedicated directory for the purpose
of retrieving, copying, transmitting, deleting, and otherwise processing all information in that
directory.
4. System Configuration. Recorder shall configure its public records image processing
hardware and software and any other components of its information processing operations
necessary to:
(A) digitally scan each page of each document that is received for public recording in
the Recorder's office so as to produce a Tagged Image Format(TIF) digital image
file for each such page, scanned at a resolution of 200 by 200 dots per inch(200
dpi),with an 8-numeric character file base name composed of the reception number
of the document and a 3-numeric character file name extension representing the
Cig
941080
serial page number(s) of the document, as soon as possible after the reception of
each such document in the Recorder's office,so as to reduce to a minimum the time
intervening between the reception of each such document and the formation of the
digital image files pertaining to it;
(B) place a duplicate file copy of each such digital image file into the dedicated
directory specified above(if compressed, such digital image file copies shall have
been compressed by a method conforming to the CCITT Group 4 lossless
compression algorithm),no later than five minutes after each such page of recorded
document is digitally scanned; and
(C) create duplicate ASCII-encoded copies of the data files containing all information
that is abstracted and keyed from recorded documents by staff of the Recorder's
office, with 8-character file base names composed of the reception number of the
document and 3-character file name extensions with all alpha characters (e.g.,
"TXT", "DAT") or a mixture of alpha and numeric characters such that the first
character is an alpha character(e.g., "TO1", "D01", "TX2"), and place such public
records data files into the dedicated directory within five minutes after their creation
in the Recorder's office,so as to reduce to a minimum the time intervening between
the reception of a document for recording and the placement of the duplicate data
file copy pertaining to that document into the dedicated directory.
5. Backup. Upon notice by SKLD that technical problems have interfered with
SICLD's ability to utilize the telecommunications facilities described above to acquire such digital
image and/or data files processed by Recorder during a given day or days of operation, Recorder
shall provide all of the digital image files pertaining to all of the public documents scanned during
each specified day of county operations and all of the ASCII-encoded keyed data files pertaining
to those documents on a 3.5" magneto-optical disk cartridge complying with either the
International Standards Organization (ISO) standards for 128 MByte disk cartridges or the
European Computer Manufacturers Association(ECMA) standards for 230 Mbyte disk cartridges,
such that these cartridges can be read by a Pinnacle Tahoe 230 magneto-optical disk drive
manufactured by the Pinnacle Micro Company of Irvine, California. In this regard,Recorder shall
prepare and make such disk cartridge(s)available for pick-up by SKLD at the Recorder's office no
later than 6:00 p.m. of the day SKLD gives notice of the need for such disk cartridge(s), only if
Recorder receives such notice before 4:00 p.m. SKLD will be responsible for transporting such
disk cartridge(s)to its location and returning the(reusable)disk cartridge(s)to the Recorder's office
within one week.
ASKLD.DB
cat
941090
Hello