HomeMy WebLinkAbout960069.tiff RESOLUTION
RE: APPROVE AMENDMENT TO AGREEMENT BETWEEN CLERK AND RECORDER AND
S-K-L-D INFORMATION SERVICES L.L.C., AND S-K-L-D TITLE SERVICES, 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 Amendment to the Agreement 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 S-K-L-D Information Services L.L.C.,
and S-K-L-D Title Services, Inc., commencing January 1, 1996, with further terms and conditions
being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to the Agreement 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 S-K-L-D Information Services L.L.C., and S-K-L-D Title Services,
Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of January, A.D., 1996, nunc pro tunc January 1, 1996.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
�� • �^�l /� ��/ 4` " ' 1. !r /,.>�
d ®.rl Barbara J. Kirkmeyer, Chair
l 'f r �� Clerk to the Boardr' `[/ /J
<t);,,' �L.12�yi/ C, " / -fir..C.�
k\..
�,\ Q�� /eorget. Baxter, Pr -T
� . 1= --: putt' Cle the Board
Da . Hall
APP AS TO FO L '.C'..°.1-ice-sr ' o ilC2-c- -ee-r'v
Constance L. Harbert
my Attorney 2 �
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960069
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AMENDMENT TO AGREEMENT
THIS AMENDMENT TO 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 Weld County Clerk and Recorder, whose office address is 1402 North 17th Avenue, Greeley,
CO 80631, hereinafter referred to as "Recorder", and S-K-L-D Information Services L.L.C., and
S-K-L-D Title Services, Inc., whose office address is 4647 East Evans Avenue, Denver. CO
80222, hereinafter referred to collectively as "SKLD".
WITNESSETH:
WHEREAS, on November 2, 1994, Recorder and SKLD entered into an Agreement
whereby Recorder agreed to provide to SKLD access to digitally scan recorded documents in
files of keyed data pertaining to such recorded documents in exchange for payment by SKLD in
the sum of ten cents per page of recorded document, and
WHEREAS, pursuant to said agreement, SKLD provided to Recorder a minimum of nine
duplicate rolls of micro film produced from said digitally scanned recorded documents and files
of keyed data pertaining to such recorded documents, with the first three duplicate rolls provided
by SKLD free of charge and each additional duplicate roll of micro film purchased by Recorder
as a price equal to ten cents (10¢) per page (frame) contained on such roll, and
WHEREAS. as of January 1, 1996, Recorder desires to purchase only one duplicate roll
of 16 mm diazo microfilm per day for use by Recorder as a backup and to have all persons and
entities who desire to purchase such microfilm rolls in the future to do so directly from SKLD.
and
WHEREAS, the parties desire to amend their original Agreement to reflect such changes.
NOW, THEREFORE, in consideration of the mutual promises of covenants contained
herein, the parties hereto agree to amend their original Agreement dated November 2, 1994, a
copy which is attached hereto as Exhibit"A", as follows:
Delete paragraph 2. and add the following:
2. Microfilm Purchase
A. Provision of Microfilm. SKLD will provide to Recorder before 12:00
noon on each business day 1 duplicate roll 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 according to 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
Page 1 of 2 Pages
960069
corresponding to the data files in the directory established pursuant to paragraph 1.A.,
above.
B. Price. The duplicate roll of microfilm purchased by Recorder shall be
purchased at the price of$.05 per 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 additional duplicate rolls of microfilm desired to be
purchased by Recorder.
This Amendment to Agreement is hereby executed this day of January, 1996.
S-K-L-D INFORMATION SERVICES L.L.C.
• a Colorado limited liability company
By: a_rta it/WA:m.(4i
Clarence L. Kirchmar, Manager
S-K-L-D TITLE SERVICES. INC., a Colorado
corporation
B y:�RnGnct cX_f yCAPruw
Clarence L. Kirchmar, President
4647 East Evans Avenue
Denver, CO 80222
COUNTY OF WELD, STATE OF COLORADO
by and through the Board of County
Commissioners of Weld County, on
ATI behalf of the WELD COUNTY CLERK AND
RECORDER •
- �Y
LYE„ By /X41 h /(A,,t,tr,kk��A--
Deputy Clerk the Board Barbara J. Kirkmeyer, Chait' &/IS/q,
Page 2 of 2 Pages
960069
AGREEMENT
(Weld ('aunt.\, Colorado)
hhis Agi cement is h. and between the County of Weld, State of Colorado, by and through
• the Board of County ('oum issioners of Weld ('inrnty,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 ) Information Services. I..l..('.. and S-K-L-D Title Services, Inc. (collectively.
"SKID"), whose office address is 4647 Fast Evans Ave., Denver,Colorado 80222, and is dated as
of November 10c)4
RI ('I I AI.S
A. Rccot der. pursuant to applicable statutes. receives, records. and indexes various
documents related to real prope'rt\ located in Weld County, Colorado. Effective as of August 1 .
I )94. as authorized h% statute. Recorder commenced to maintain the Recorder's copies of recorded
documents by digital :canning and storage Rccordei intends to cease to provide to SKI.1). 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
13. SKI.I) is in the business of operating and maintaining a title plant for Weld Count\.
Colorado (and othe► counties!. including maintaining copies of recorded documents, maintaining
computer data bases of inlotnunion copied tioni recorded documents. and constructing and
maintaining tract and other indices. plat and .\Rli map tiles, and covenant files, and collects and
organizes for retrieval related records. uitcirn ation.and material. SKI 1) provides access to such title
plant to various title companies
C. SKID and Recorder recognize the importance to Recorder, SKID, title companies
doing business in Weld County. and the public at large that copies of recorded documents and
information from recorded documents he available promptly for inspection and use and that relevant
indices in their respective offices he updated as soon as possible following the reception of such
documents. Recorder and SKI.1) desire to minimize the period between the time of reception of a
document and the time intOrniation from the recorded document becomes accessible on the
Recorder's indices and on the SKI.1) title plant indices.
D. Recorder wants SKI.I) 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
EXHIBIT "A"
96Q0g9
In consideration of the preceding Recitals and the mutual obligations and undertakings set
forth below, SKLD and Recorder agree as follows_
Agreement
Obligations of Recorder.
A. General Upon Recorder's reception of documents for recording. Recorder
shall promptly digitally scan and stoic' 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 imaces of dreitallc-scanned recorded
documents and files of keyed data per!wrung to such recorded documents Such director
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 directors shall he duplicates of
the files maintained bs Recorder of all recorded documents and the corresponding keyed
data Recorder shall provide SKI.1 ) prompt access during regular business hours to
Recorder's computer system and SKI I ) shall install the systems described in Exhibit A. all
subject to and on the reruns prodded in 1 .xhthrt_A_ and Recorder shall provide the system.s
and equipment configured as described in Ixhihlt ;A
Ii SKLD Pa meat In consider-anon of Recorder's undertakings described
in paragraph I,A . above. SKLD shall pas Recorder S lU per pate of recorded document
\\Inch is placed by Recorder in the computer directory described in paragraph I .A_. above_
Recorder shall prepare and send to SKLD a monthly invoice of such charges for each
calendar month as soon as practicable tullowing the end of each month_ SKLD shall pay
such invoice within 20 clays of receipt
C. Backup File_ Recorder shall provide to SKLD upon SKLD's request in a
format, on a medium, and pursuant to the terms 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 I above.
D_ Mutual Cooperation_ Recorders conversion to digital scanning and digital
storage of recorded documents represents new technology to the Recorder and SKLD, and
Recorder and SKID recognize that problems with the recording, indexing, and conversion
processes may arise for which the parties have not made adequate plans. SKID 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
960069
shall have virtual)) concurrent access to documents and keyed data as documents arc
received and digitally scanned and Recorder shall receive as promptly as possible microfilm -
copies of all recorded documents as provided in paragraph 2., below.
F,- I uture (*as Recorder and SKLD recognize that the current
configuration of Recorder's equipment, software, and telecommunication equipment may
change to pro)lie better. broader, faster_ or more economical service_ Recorder and SKI I)
will consult and cooperate with one another with respect to any such proposed change t„
the end that the purposes of this Agreement are fulfilled and cost to the parties from such
changes are minimized insofar as reasonahk practical.
Micruliiin Purchase
A Pro' ision a Microfilm SKID will provide to Recorder before 1 : i )
noon on each husntess din a minimum of mile duplicate rolls of 10 ntm diaio micro)iliu
containing a copy of each document received. digitally scanned, and stored H. Rceordet and
received SKI I ) (10 o'clock p m on the prior business day as contemplated b't
paragraph I \ abor e_ and the specifications set forth in Exhibit A Bach roll of micro)thii
provided on a d:ula pasts shall contain tt complete copy of the document pages corresponding
to the data files in the directory established pursuant to paragraph 1 _A_ above
U fuse Provided Recorder purchases on a daily basis a minimum of tiro:
duplicate roll. n) Imo()film. the first three duplicate rolls (two of which are intended 'or
Recorder's own use and one of which will he sent by Recorder to the State archive) shall he
provided hr SKI I) lice of charge and each additional duplicate roll of microfilm shall it:
purchased at a price equal to S.10 per each page (frame) contained on such roll_ SKI.1) dial]
prepare a moathly invoice for each calendar month and payment shall be due 20 Li:uv
•
following receipt of such invoice by Recorder
C Changes in Orders- Recorder shall notify SKID no fewer than Ho
business days in advance of any change in the numbers of duplicate rolls of microfilm (hut
not fewer than nine) being purchased by Recorder.
Commencement of Operations. Recorder and SKID 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 SKID as currently provided until
operations are commenced and proceeding routinely under this Agreement_
3
960069
•
4. Remedies. •
A. lnten-uption of Services. Notwithstanding any other provision of this
Agreement. neither SKID nor Recorder shall interrupt such party's pert0r►rrance 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.
li. Specific Performance. Ilte partr;:s 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 ace'mite estimation
Accordingly. Recorder and SKI.]) agree that the provisions of this .\rreement mak be
enforced by specific performance. Recorder and SKI.1) agree that the nta�uuutn bond which
either party will be required to post with a court in connection with a i.tcesuit requesting
spec tic performance shall he $5.0O0.
Notices Notices shall he effective upon actual receipt \otices may he
deli\ered ill person. hx nationally recognized overnight courier deliver\ service. hk first-class mail.
or hk telecopv transmission (provided receipt is confirmed and a confirmation cop\ is sent by I
mail or personal delivery) In the event either part% refuses to accept and receipt Iooi delivery of an
notice permitted or required under this Agreement. notice shall he deemed to b.' effective five
business days follow deposit of such notice in the I`nitrd States mall. postage prepaid. and
addressed to the recipient party at the address stated beneath such party's n.►►ti.. below. Such
addresses may he chanted from time to time by notice.
(►. Miscclianeous. this Agreement is binding on the parties ai,ai their respective
successors and assigns. This Agreement constitutes the entire understanding of the parties with
respect to its subject matter and may not he 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
960069
SKID INFORMATION S[RVICI!S I I.
a Colorado limited liability company
Clarence L. Kirchmar. ylana(,cr.
SKID fillLP. SFRVICFS_ IN( a ( olcui.lo
corporation
13v
0 4V1 w ii/00;4
('larence F. Kirchmar. I'rr�idrnt
4647 Fast [vans A\claw
Dcmcr_ CO 80722
Al IF.Slj 4 1 7 / 4 ( Of A' Il Ol A\ I I D_ SIALkO1• ( OlORADO.
H and thcaap'li the Board of Counte
( (,mnloaaou r< of \Veld ( ount\_ on
hchalitil the \\ I I I) COUNTY CI IRK AN-I)
Dcputy (lurk to the I3oard—
\\ III I VAI ti \\ 13S [FR. Chairman UiG-7/7
960069
•
EXHIBIT A
This Exhibit A supplements the preceding Agreement between the Clerk and Recorder of Weld
County,Colorado ("Recorder")and S-K-I:-I) Information Services. I .1..C.. and S-K-I.-I) Title Services.
Inc. (collectively. "SKI..D"). This Exhibit provides the specifications upon which the Recorder shall
provide to SKID access to Recorder's digitally scanned and stored recorded documents and the related •
keyed data. In furtherance of the Agreement, Recorder and SKI.1) shall perform as follows
•
Network Access. Recorder shall prox Ric to sKi.1) constant and continuous
access to the Recorder's Novell server running the I lexll' Nei\Aare I.oadablc Module during all
periods of time that the Recorder's Novell server is in service for normalusual operations as more
full4 detailed below.
telecommunications. Recorder shall permo SKI.1) and/or its designated
telecommunications contractors to install a Channel Service iut. I)iwtal Service (•nit tCS1 .'1)SLJ).
and Internet Protocol (IP) Router. and a $6Khps 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 nct\aoi k as to provide SKI.1) constant and
continuous access to a directory of public records informal ii'a ;is more fully described below. In
re,,ard to such SKI.I) equipment at the Recorder's site. the Recorder shall pro\ide SKI.I) and its
designated contractors reasonable escorted access to the Recorder's site of the SKIS) equipment
during Recorder's normal business hours for the purpose (it installation. troubleshooting. and
maintenance of the SKLI) equipment. and SKI") agrees 10 release the Weld County and the
Recorder from liability for the SK .1) equipment located at the Recorder's site.
Dedicated Directory Recorder shall allocate a dedicated director on its Novell
file server with a dedicated random access storage capacity of at least 200 million bytes,and permit
SKID)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 -fagged Image Format (TIE)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
960069
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 form.ttion of the
digital image tiles pertaining to it:
f;) place a duplicate tile copy of each such digital image file into the dedicated
directory specified above (if compressed, such digital image file copse• shall have
been compressed h‘ a method conforming to the CCITT 6i-our 4 losslcss
compression algorithm), no later than live minutes after each such page d recorded
document is uigitath scanned. and
t ) create duplicate ASCII-encoded copies of the data files containing:ill information
that is abstracted and keyed from recorded documents h\ staff of the Recorder's
office. ce ith 8-character file base names composed of the reception number +'t the
document and 1-character file name extensions with all :i pha chat.1cteis Ie.g .
I X I" "I):\ 1 "t or a mixture of alpha and numeric characters such that the first
character is an alpha character (e g " 1(11" .'1)01' " l \.'"I, and Place -itch public
records data files into the dedicated director. %%Rhin Ii'e minutes after tlr•.•ir creation
in the Recorder's ollice. so as to reduce to a minimum the time intervening between
the reception of a document lOr recording and the placement of the duplicate data
tile cups pertaining to that document into the dedicated directory
Rackup. I port notice by SKI I) that technical problems have interfered \kids
5K1.1)'s :rbilit� to utilise the telecommunications facilities described above to acquire such digital •
image and.or data tiles processed h‘ Recorder during a gic en da' or da\s of operation. Recorder
shall provide all of the digital tina;ge tiles pertaining to all of the public documents scanned during
each specified day of.countv ors•:aticros and all of the A5(-Il-encoded keyed data tiles pertaining
to those documents on a ;. '. magneto-optical disk cartridge complying with either the
International Standards Organization (ISO) standards for 128 Mliyte disk cartridges or the
European Computer Manufacturers Association (I:C'MA) standards for 230 Mhyte 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 cartridges)available for pick-up by SKI.I)at the Recorder's office no
later than h:0O p.m. of the day SKI.!) gives notice of the need for such disk cartridge(s), only if
Recorder receives such notice before 4:00 p.m. SKID) will he responsible for transporting such
disk carrridge(s)to its location and returning the(reusable)disk cartridges) to the Recorder's office
within one week.
1oK1 n UH k
960069
j '\S\
TO: Board of County Commissioners
FROM: Bruce T. Barker, County Attorney
lipe DATE: January 5, 1996
COLORADO RE: Amendment to Agreement with SKLD
Attached is an amendment to the original agreement between the Weld County Clerk and Recorder and
SKLD. The original agreement addressed the issue of microfilming the documents presented to the
Clerk and Recorder upon recording. The amendment modifies¶2 so as to require the Clerk and
Recorder to purchase only one duplicate of roll of microfilm at five cents per page (frame). The original
agreement required the Clerk and Recorder to purchase nine rolls. The reason for the change is that the
Clerk and Recorder will no longer be the "middle man"between SKLD and title company's desiring to
purchase duplicate rolls of microfilm. Those company's will now be able to purchase the microfilm
rolls directly from SKLD.
Clarence L. Kirchmar of SKLD has signed the amendment. I recommend that the Board of County
Commissioners approve the amendment and authorize the Chairman's signature thereon.
L
B ce Barker, County Attorney
M:\W PFI LES\MEMO\BOCC\S KLD.W I
969QS3
SK SKLD TITLE SERVICES, INC.
LD
January 2, 1996
Weld County Colorado
Office of County Attorney
P.O. Box 1948
Greeley, Colorado 80632
Attention: Bruce T. Barker
Weld County Attorney
Re: Amendment to Agreement for Access
To Recorder Services
Dear Mr Barker:
Enclosed is the signed Amendment to the Agreement entered into between Weld County
and SKLD on November 2, 1994 for your final execution.
Please return a fully - executed copy of this Amendment to me for our files when it has
been completed.
Thank you for your help in resolving this matter. We look forward to a continuing mutually
beneficial relationship with the Weld County Clerk and Recorder.
Very truly yours,
SKLD Title Services, Inc.
gum,
Clarence L. Kirchmar, President
4647 East Evans u Denver, Colorado 80222 303-758-6358 FAX 303-758-6847
960039
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