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HomeMy WebLinkAbout951744.tiffRESOLUTION RE: APPROVE AGREEMENT FOR COPIES OF COUNTY RECORDS AMONG INFORMATION ADVANTAGE, INC., ASSESSOR'S OFFICE, AND TREASURER'S OFFICE 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 for Copies of County Records among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Assessor's and Treasurer's Offices, and Information Advantage, Inc., commencing August 21, 1995, and ending August 21, 1996, with further 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 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Assessor's and Treasurer's Offices, and Information Advantage, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 21st day of August, A.D., 1995. BOARD OF COUNTY COMMISSIONERS COUNTY, COL QRAD ti/Clerk to the Board APP VED AS TO FORM: J o nd ty Attor ey L� d- 45j z?e se_ T dJ9 // fnc Dale K. Hall, Chairman Fxr:i JSFn Barbar3f,,1. Kirkmeyer, -Tee GeoBaxter :,Q-5x�1i cw OJ Constance L. Harbert W. H. Webster 951744 AS0031 Atuvotst whose address 80120, hereinafter State of Colorado, Weld County, 80631, County AGREEMENT FOR COPIES OF COUNTY RECORDS THIS AGREEMENT is made and entered into this Ok day of , 1995, by and between Information Advantage, Inc., is 5401 S. Prince St., #105-A, Littleton, Colorado referred to as "Advantage," and the County of Weld, by and through the Board of County Commissioners of whose address is 915 Tenth Street, Greeley, Colorado on behalf of the Weld County Assessor's Office and the Weld Treasurer's Office, hereinafter referred to as "Weld County." WITNESSETH: WHEREAS, the Weld County Assessor's Office and the Weld County Treasurer's Office generate certain data and information in the course of their work on property tax matters in the County of Weld, State of Colorado, which data and information are stored electronically on computer tapes and/or discs and, WHEREAS, Advantage 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 Advantage, and WHEREAS, by letter dated July 17, 1995, Advantage has 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 Advantage by nine track magnetic tape at a cost which Advantage agrees is reasonable and which Advantage 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. TERM: The term of this Agreement shall be from the date of signature as set forth below to and until one year from that date, and shall be automatically renewed for successive one year terms thereafter, unless sooner terminated by either Page 1 of 5 ti5 Fl A4 party as allowed herein. 2. DATA AND INFORMATION TO BE SUPPLIED: Weld County agrees to provide copies of that portion of the Weld County Assessor'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 Assessor and the Weld County Treasurer. 3. PAYMENT FOR COPIES OF DATA AND INFORMATION: Advantage agrees to pay for the costs incurred by Weld County in providing the copies of data and information described in Section 2 above. Those costs incurred shall be according to the rates listed in the attached Exhibit "B." Advantage agrees that those -costs set forth in Exhibit "B" 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. Advantage agrees to pay for those copies run by Weld County at the request of Advantage at the time of its receipt of the copies. 4. METHOD OF DELIVERY: A. Weld County agrees to provide the copies of the data and information set forth in Section 2 above on nine track, one-half inch tape reels, which shall be furnished by Advantage, written at 1600 BPI or 6250 BPI density as is -specified by Advantage and agreed to by Weld County. J3. Weld County agrees to format each record in the same manner and agrees to apprise Advantage of the length of -each record, blocking factors, coding factors, and any other pertinent information. Record length is described as "fixed." Page 2 of 5 251744 C. Weld County agrees to provide -Information Advantage with the file descriptions and tape layouts of the data and information and all necessary tables to decode the file -elements. 5. REPRESENTATIONS: A. Weld County represents that it will use its best efforts to provide accurate data and information to Information Advantage pursuant to the terms of this Agreement. Weld County does not, however, guarantee the accuracy of the data and information provided. All Weld County Assessor's Office and Weld County Treasurer's Office -data and information are subject to change, correction, addition, or deletion without notice to Information Advantage. B. Information Advantage represents that it will not, under any circumstances, resell the raw data and information provided by Weld County to any third party. C. The parties hereto agree that this Agreement and the signature of the Weld County Treasurer hereon shall not act as a delegation of the authority vested in the Weld County Treasurer, pursuant to Section 39-10-115, C.R.S., to certify, in writing, the full amount of taxes due upon any parcel of real property and mobile home in Weld County, and all outstanding sales for unpaid taxes as shown by the records of the Weld County Treasurer's Office or the records of the Motor Vehicle Division of the Department of -Revenue, -State of Colorado. 6. MISCELLANEOUS: A. This Agreement shall be binding upon and inure to the benefit of Weld County and Information Advantage 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. -Page 3 of 5 251744 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.A., above. D. Weld County may terminate this Agreement at any time by giving Advantage a 0 day written notice or it may be terminated at any time without notice upon a material breach of the terms of this Agreement by -Advantage. E. Advantage shall indemnify Weld County, its officers and employees against liability for injury and damage caused by any negligent act or omission of any of Advantage employees or volunteers or agents in the performance of this Agreement or in the reformatting -and sale of the dat-a and information provided to Advantage, and $hall hold Weld County harmless for any loss occasioned to Advantage as a result of the performance of this Agreement by Weld County. F. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their o₹ficers or employees may possess, nor shall any portion of this Agreement be deemed to create a duty of care with respect to any persons not a party to this Agreement. G. No portion of this Agreement shall be deemed to create an obligation on the part of Weld County to expend funds not otherwise appropriated in each succeeding year. TPage 4 of 5 95711 Wald County Assessor APPROVED AS TO CONTENT: I BY: IN WITNESS WHEREOF, the parties hereto have signed this Agreement this a 1-5.1 day of (1.j f,(n , 1995. BOARD OF COMMISSIONERS Deputy DeputyLCle to the Board AESTIN 0 BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY APPROVED AS TO CONTENT: 4644-4-a,dA./ly arren Lasell / rthur Willis, dI Weld County Treasurer COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS BY: Dale K. all, Chai anj9$/x//96 APPRO D A$ ri TEN SC Director Byst.-?ms and Computer Technology Corporation INFORMATION ADVANTAGE, INC. BY: Ja'es Gresham SUBSCRIBED AND SWORN to before me this , 199'1 WITNESS my hand and official seal. Notary My commission expire -s: records. gjb Page 5 of 5 =;on -Expires 1996 My Commission Expires FEBRUARY 21,1996 day of 951741 Hello