HomeMy WebLinkAbout961830.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE
BETWEEN CLERK AND RECORDER AND CENTENNIAL COVERAGES, INC., AND
AUTHORIZE CHAIR 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 for Access to 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 Centennial Coverages, 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 for Access to 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
Centennial Coverages, Inc., 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 7th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
4 I,La, WELD COUNTY, COLORADO
tf\ jet
FXCI ISFII f)ATF yCAF SIr�N1NC (AYE)
1861
: ' ' Barbara J. Kirkmeyer, Chair
G��C
��d• eld y Clerk to the Board
_ 9-Zr---
u GS e E. Baxter, P - m
Deputy Cler o the Board
Dale K. Hall
APPROVED AS TO FORM:
) onstanc/e L. Harbert
County Attorney
W. H. elbster
961830
ee ; C/e J se T; eniAAgesinc, CR0012
RUG-29-1586 14:U5 FROM SCT/WELD CUUNTY 1W-U SK,S TO '.3L368U�15B8 F'.G4
I
AGREEMENT FOR ACCESS TO CLERK & RECORDER DATA BASE '
I THIS AGREEIENT, dated, this E ' day of deee"t /N Jae,- 10'4
by and between (!6fTkfa:4-L (/tr6F.s /hee, hereinafteri!referred to as
"User;" Weld County Clerk & Recorder, hereinafter eferredjto as
"Clerk & Recorder" ; and Weld County, Colorado by acid through' thie
Board of County Commissioners of Weld county, hereinafter
referred to as "County" .
WITNESSETH:
WHEREAS, County operates computer facilities containing
title and ownership verifications for real property stored ',on
Clerk& Recorder' s data base, and
C
WHEREAS, User desires to utilize the servicesllof County' s
computer facilities and make inquiries to the Clerk & Recorder's
data base ("the System" ) for title and ownership velrificaton of
ra1 property.
NOW, THEREFORE, in consideration of the promises and
covenants contained herein, and for other good andH'.raluable
consideration, sufficiency as hereby acknowledged, llthe County,
Clerk & Recorder, and User agree as follows :
1 . USE OF FACILITIES
' I
County agrees that it will provide inquiry access to
the System for title and ownership verifipations ,for
real property located in Weld County, Collorado. Access
will be given by County to User in as timely a manner
as is possible; provided, however, that Clounty 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 beliliable or
deemed Iin default for any delay or failure in the
it
Page 1 of 7 Pages •
961830
I I
RUG-29-19% 14:06 FROM SCT'WELD CULy r _ -x'035 2.806 x.05
performance of this Agreement resulting directly or
indirectly from any cause, including, but not limited'
to, computer down time, reformatting, and file updates.
Countyland Clerk & Recorder specifically reserve the
right to temporarily suspend access to the System at
any time for any, reason_
OTSC7,AtMER 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 vonl.ld
at the Iriskof 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 g arisin
i
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 IA
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 validy
patented or copyrighted. All proprietary rights in the
Systemjshall at all times remain with Eagle Computer
Page 2 of 7 Pages
961S;30
RUG-29-1996 14:06 FROM SCT/'WELD UJ: i -.!J6
Systems, Inc. , County, and Clerk & Recorder, and no
proprietary rights hereby transfer to User.
I ,I �
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, CO ,;py or
otherwise make available to other persona or
institutions part or all of the System.
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 so;f
this Agreement . This indemnity shall survive the
termination of this Agreement .
• I
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. lgive 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
it
Page 3 of 7 Pages
96i.830
PUG-29-1996 1407 FROM SCi/IAELJ LJLN r ok.;:s _ -.
addresses of all persons known to User who had access
to or acquired knowledge of said information or
Material .
COMMENCEMENT OF SRRVTCES
•
Services to be performed under this Agreement shall I
Commence on the date this Agreement has been executed
by both parties and shall continue until terminated i
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 & Recot;der. This
Agreement may be terminated by either of ,the parties at
any time upon 30 days written notice to the other I
Party. ' This Agreement shall continue until term natep
by either of the parties .
•
B . PAYMENTS TO COUNTY
Payment to County for services under thin Agreement
shall be upon submission of invoices to user. Payment
shall be made within 30 days of mailing df 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" arel
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" ..
Page 4 of 7 Pages
96*S20
PLIG-29-1996 14:07 -HLIM SC"ixE 9 C _"N r :N -1 SRC "'_ _3✓36 0 8 8 -.4=,
User shall be responsible for all costs associated
therewith.
10 . INDEPENDENT CONTRACTOR
Countyland 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.
I i
11 . ATTORNEYS PEES AND COSTS
In thelevent that any action is filed in relation to
the payment of fees for services provided under this
Agreement, the unsuccessful party in theHaction shall!
pay tolthe prevailing party, in addition' to all other
sums that either party may be called upon to pay, thel
prevailing party' s costs and reasonable attorneys fee's .
12 . NOTICRS
Any. notice required to be given by this Agreement shall
be considered delivered upon mailing, postage prepaid
to theiparty as appropriate, unless othexlwise provided
herein, addressed as follows :
COUNTY:
Director of Information Services
915 Tenth Street
Greeley, CO 80631
CLERK & RECORDER:
Weld County Clerk .& Recorder
1402 N. 17th Avenue
I Greeley, CO 80631
USER:
13 . ASSIGNMENTS
This Agreement is voidable by County or Clerk &
Page 5 of 7 Pages
964.830
RUG-29-'-95 14:08 '-k'' SC. ,,.E D Cu'_N'Y !NHJJ SI ,b TO 13038801808 P.09
, I
Recorder if assigned without the prior written consent
of County and Clerk & Recorder.
' 14 . WNW'.
Venue for any and all legal actions regarding the I
I ' transaction herein shall lie in the District Court in
I and for the County of Douglas, 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 I
j
This Agreement constitutes the entire understanding oif
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 saite requirement
on a separate occasion. User acknowledges that it has
read, understands, and is bound by each and every term
hereof and incorporated herein.
I
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.
IGNED this Li Day of October X da
1 .` I ' / WELD COUNTY, COLORADO, aY AND
\Y ' ��
(ni �iY ' p) � ` THROUGH THE BOAR OF COUNTY
It. 'L1 R � THE BOARD COMMISSIONERS OF WELD COUNTY
BY 4 4,ita, a Li `, ,, Liu i_ i
rS eputy '1erk to the Board Barbara J. Ki�?-kmeyef, •C/o/?/96)
Chairman
Page 6 of 7 Pages
961820
PUG-29-1996 14:06 FROM SCl/WELL CULy Y _ti'-U S[-c_. `O '_3'/_i3t lh'SNs .1N
WELD COUNTY CLERK RECORDER
u M
B
: J.A. "Suki" xsukamoto
ARPRO TO FORM: I
j
•
ty Attorn
USE 'T AA L &it-444 s, ,me .
I
I a.(. ti- .nN / Esr.tl rNr,-
UBSCRIBED AND SW�ORR�N to before me this 5 ay of
WITNESS my hand and official seal
Notary Public I
' t'y commission expires ----75--F6
i
I'.
:
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Page 7 of 7 Pages
9S4.8�3n
HUG—c9—tytib r ..tir_ 'ok.,o .6v..567 v.:1UVUU
R¢commended hardware/software for CRIS+Plus access:
'etsonal Computer WE recommend a 486/66 MHZ or Pentium machine with hard drive and 16 MB memory
twining DOS 5.x or higher and WINDOWS 3.1 The Clerk's office uses Compaq
malchines,however any IBM compatible will do.
Modem: High speed 14.2 or higher baud rate,Hayes compatible. The modem should be directly
connected to the PC and phone line.
Video: A high quality color SVGA monitor is required,minimum 14"although 17"would be
better for viewing images. A graphics board may be required depending on the PC and
monitor and must be compatible with your hardware. The Clerk's office uses Compaq
Qvision video boards.
Software[ A communications package called REACHOUT is required for access. Only the viewer
poition is needed,cost is approximately$75.00,
Printer: Reports and documents may be printed at your location. The Clerk's office uses a
He±vlett Packard Laserjet IV for printing.
The CRIS+Plus system is an integrated optical imaging system using an Oracle database. The software actually '
nuns 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 the phone nuttber. Billing for access will be done on a monthly basis.
I �
� gill
961830
RUG-29-1996 14 U9 FROM SCT/JELD COUNTY 'NFU SROS TO 13036E018U8 F.12
Request for Dial Up Access in the Weld County CRIS-Phis Recording]System
company: i dew ren, •jt OD✓jc,e'r5, tie-
ontact: a/iv lir T /" NN6 /1/
Address:
/5' O f - b"] 0//Z4-/A4 Ore-.7 ..0d
Phone: 3 t b r 4 - D alit'
Type of Access Required:Dedicated: occasional: Estimated minutes/day:
If you indicated dedicated access,there will be a setup charge of$4,700.00 payable at timeiof setup or a setup
charge of$5,000.00 payable in twelve monthly installments of$416.67 beginning at time'df setup. There will be a
$50.00 per month maintenanyle fee.
V you indicated occasional access,you will be assessed a charge of$0.25/minute of access Rime on the system.
Approximately 80 minutes a day will equal the up front charge for dedicated access and companies frequently
exceeding 80 minutes a day Will be asked to switch to dedicated access.
Phone line costs,long distance charges,and in company office computer hardware and software is the responsibility
of the company. /
pining Contact: /O de t; —!: /4NS"it 4/
Billing Address:
Billing Phone.
I antho r e Coun a . purchase appropriate hardware and software on the behalf of my company based on the!
acces y• disc d.00vve: I
Signs e��� Date
please return this form to:,Dab Huerter
Weld County Information Services
915 10th Sweet
Gr3eley,CO 80631
(303)356-4000,extension 4853
• FAX:(303)356-4766
I I !
96;830
i_, - 78..�N1 r1OH . .
RUG-29-1996 14:09 FROM SCT/WELD COUNT -,=_ .O-c= -
' REQUEST FOR DIAL-UP ACCESS TO THE
Vf ELD COUNTY CRIS+PL'US RECORDING SYSTEM
Company: O L--YI ie--22g 41-- (DVG-7�n'6c /
/�dee e 6i Aid-4z "//E t +v*Q •
• 4tddress: /
?v ty2,07.4 z fie'
f
Contact Person:
/ -v« 7 �/ofv ter✓'
3n3 , 194 -- ziveL
Phone: I
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.
i Dedicated access in which 1 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. I I '
will contact the representative of Weld county Information Services who is listed below to inform him or
her of my choice of setup charge. I understand that in addition to the setup charge;regardless of which
payment method I choose,I will be obligated to pay a$50 maintenance fee for every month I am hooked
into the dedicated access. I also understand and agree to pay all phone line costs,I ng distance charges,
and the costs of purchasing any and all necessary computer hardware and software which will enable myi
company to participate in the dedicated access.
1
"\ Occasional access at the rate of$0.25 per minute of access time on the CRIS+Plus1Recording System. I
understand and agree to pay all phone line costs,long distance charges,and costs of purchasing any and lall,
necessary computer hardware and software which will enable my company to participate in the occasional
access. !
hereby authorize Weld County,Colorado,by and through its information Services Department to purchase all
necessary and approp::to computer hardware and software on behalf of my company based upon the access I habe
dhosen . I and r d tliat I will be billed by Weld County for the costs of the computer hardware and
aofiw: e i. 5 •a its :cquisiti'' :ee to pay such billing within 30 days of rect. . I
�/
rliirl S , I
Comp.y Person Date
i
lease return this form to Dan'Huerter, Weld County Information Services,915 10th Street Greeley,CO 80631;
97O)3564000 extension 4853;FAX(970)356-4000.
.
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TOTAL P.13
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