HomeMy WebLinkAbout961799.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DUPLICATION SERVICES 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 Duplication Services
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
Mountain States Micrographics, Inc., commencing October 2, 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 Duplication Services 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 Mountain States Micrographics, 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 2nd day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
'_�,� WELD COUNTY, COLD O
d . 0 11 ornit r ffOal/finial- l/ _(4,/irc��*.
Barbara J. Kirkmeyer, Chair
•�1861 � y Clerk to the Board �
, s Icy �,,,rrZ
ON Fir
rgwE. Baxte ' o em
•�eputy CIer3 o the Board A / gLI _____
(Da e K. Hall
APP D AST Cs��G� ,b1�� �c< ec
Constance L. Harbert
4 12-7
ounty Attorn / ( /7 JPA ,Y9/,
W. H. Webster /
961799
CR0012
ee ; C//2iPi«rolrrn«s
AGREEMENT FOR DUPLICATION SERVICES
BY MOUNTAIN STATES MICROGRAPHICS, INC.
THIS AGREEMENT is made this'll/id day of acre-4O0} , 1996, between
Mountain States Micrographics, Inc., a corporation duly organized under the laws of the State of
Colorado, whose address is 7050 South Yosemite Street, Englewood, Colorado 80112,
hereinafter referred to as"MSM," and the Board of County Commissioners of Weld County,
Colorado, on behalf of the Weld County Clerk and Recorder, with offices located at 915 10th
Street, Greeley, Colorado 80631, hereinafter referred to as "the County."
WITNESSETH:
WHEREAS, the County has 1,072 rolls of silver microfilms of documents which were
recorded at the County's recording office beginning in June, 1864, and continuing through
December 1995, and
WHEREAS, on January 2, 1996, the County began recording all documents submitted for
recording electronically through digital imaging processes, and
WHEREAS, the County now does not have the technical capability to duplicate rolls of
its silver microfilms, but receives requests for such duplication services from members of the
public on a regular basis, and
WHEREAS, MSM is in the business of producing micrographic representations of
documents, including the duplication of existing microfilms, and has the capability of making
such duplications for the County when requests for the duplications are made by the public, and
WHEREAS,the parties hereto now desire to enter into this Agreement for the purpose of
setting forth the terms and understandings of the parties with respect to the duplication services
MSM will provide for County during the term of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
set forth, the parties hereto agree as follows:
I. SERVICE TO BE PERFORMED:
MSM shall provide the following services:
A. Microfilm Duplication:
1. Duplicate each of the 1,072 rolls of County's original silver
microfilm records on silver microfilm to ensure the best readable
Page 1 of 5 Pages
961799
image. Configuration and labeling of the duplicated film on
individual spools shall substantially conform to the configuration
and labeling of County's original film. Said 1,072 rolls of original
microfilm include records beginning at Book 1, Page 1 of the
County's records, recorded June 6, 1864, and continuing through
the end of the microfilm records at Book 1525A, Reception
Number R2469961, recorded December 29, 1995.
2. Five-point inspection on every roll.
3. Density and resolution monitored.
4. Handling, duplication process and quality control in conformity
with standards of an authorized Eastman-Kodak Imageguard
microfilm duplication laboratory.
5. Warrant that it will complete the duplication of the County's
original microfilms and return of the originals according to any
instructions stated by County by October 15, 1996.
B. Transportation of Microfilm:
1. Provide pickup of the County's original microfilm for duplication
and processing from County's recording office in Greeley,
Colorado, in a covered vehicle as instructed by the Weld County
Clerk and Recorder until completion of job.
2. Provide reasonable access by the County to any original microfilm
required during the course of duplication.
C. Storage of Duplicated Microfilms and Further Duplication to Accomodate
Requests by Public:
1. Once the duplication services detailed above are complete, store
the duplicated microfilms at its offices at the address listed above.
Such duplicated microfilms shall be the property of the County and
may only be further duplicated upon the approval of the County.
2. Provide duplications of the duplicated microfilms stored at its
offices to accomodate requests made by the public through the
County. The duplications of the duplicate stored at MSM shall be
to high quality Diazo microfilm. All such duplications shall be
provided by MSM to the County within 48 hours after the requests
Page 2 of 5 Pages
961.799
are made to MSM.
II. CONSIDERATION AND PAYMENT:
MSM shall be paid in accordance with the price schedule set forth in the letter
from Alan R. Klebe of MSM, dated September 27, 1996, a copy of which is
attached hereto as "Exhibit A."
MSM shall invoice the County at the rates provided above for the services to
be provided by MSM for the County. Invoices shall include a description of the
services rendered as well as a shipping date, if applicable. Invoice payment shall
be submitted to MSM's address listed above. MSM shall be paid net thirty (30)
days from invoice date. Past due invoices are subject to finance charges of 1.75%
monthly (21% annually).
III. GENERAL PROVISIONS:
A. Term:
The term of this Agreement shall be from the date of signature below to
and until the date of termination designated by either party upon 30 days
written notice provided to the other party at the address set forth above. In
no event shall the date of termination be before the date of completion of
MSM's duplication of the County's original microfilms as detailed in
paragraph I.A., above. Upon termination, MSM shall return to the County
all duplicated microfilms in its possession.
B. Indemnification:
MSM agrees to fully indemnify County against any loss or damage to
County's original microfilm or duplicated microfilm while in the custody
of MSM, including any loss or damage in the transportation and
duplication process.
C. Complete Agreement:
This Agreement shall constitute the complete agreement between the
parties and no amendments to this Agreement shall be binding unless
memorialized in a writing signed by both parties.
D. Severability:
If any term or condition of this Agreement shall be held to be invalid,
Page 3 of 5 Pages
961.1799
illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision to the extent that this Agreement is then capable of
execution within the original intent of the parties hereto.
E. No Third Party Beneficiary Enforcement:
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
F. Modification and Breach:
This Agreement contains the entire agreement and understanding between
the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written.
No modification, amendment, novation, renewal, or other alteration of or
to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned
parties. No breach of any term, provision, or clause of this Agreement
shall be deemed waived or excused, unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or consented.
Any consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shall not constitute a consent to, waiver of, or
excuse for any other different or subsequent breach.
Page 4 of 5 Pages
96:x..799
IN WITNESS WHEREOF,the parties hereto have executed this contract as of the day
and year first above written.
MOUNTAIN STATES MICROGRAPHICS BOARD OF COUNTY COMMISSIONERS
INC. OF WELD OUNTY OL
By: ( By: C %lc,t " _ 4 "
A an R. Klebe, Account Executive o Barbara J. Kirkm c ''.
ATTEST:ja 7.
APPROVED AS TO SUBSTANCE: WELD COUNTY
LERK- 0Ttt3l ®®A D
BY:
w " EPUTY CLER TO THE BOARD
.A. "Suki" Tsukamoto
Weld County Clerk and Recorder
APPROV AS TO FORM:
B e T. arker
eld County Atto ey
M:\W PFILESWGREE\MICROFILM.DB
Page 5 of 5 Pages
96: .799
SEP 27 '96 14:31 FROM WELD COUNTY CLERK TO PERSONNEL PAGE.002/002
kit .l' J�N FAX NC. 3037733787 P. 2
. .Sept.27, 1996
Weld Co.Clerk&Recorder
Attu.: Mr.Steve Moreno
1402 N. 17th Ave.
Greeley, CO 80632
Dear Steve:
•
Thank you for this opportunity to duplicate and maintain a copy of your files
here in our office. As agreed on ow visit yesterday,we will silver duplicate your
original rolls toasters the silver dupe here for the purpose of filling requests to
your office from various organizations for diazo duplicates.
Following is the pricing for both silver and diazo copies plus storage of the silver
duplicate:
Diazo 1 copy $ .0496 per foot($4.95M)
(When total film file is duplicated)
Diazo 1 copy $ .0522 per foot($5.22/r1)
(When less than total pm file is duplicated)
Silver 1 copy $ .0650 per foot($6.50/rl)
(When total film 51e is duplicated)
Pickup&Delivery $15.00 per stop
Storage of Duplicated Film $ .20/rl/yr
(Film will be stored in a normal office environment as is so with
all other customers film we'tore for similar situations)
Included in the above costs is the reel with trailer holder,craftboard box and
indexing to match the original roll. We,d.R and I look forward to starting on
this project and doing it in the same efficient manner as the last time. If you
have any questions,please feel free to contact me.
Yours truly,
ie
Alan R plebe
%Ionu 5s•ns Mv4I..y. Inc- • 7050 SOWN YoxwiTe SIAM• Encinood.Colowdo SOI i 7 • f 3A3
SEP 27 '96 13:56 3g3;
EXHIBIT "A"
961793
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