HomeMy WebLinkAbout970425.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE
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 Clerk and Recorder, and Shanahan,
Dumler, Swanson and Olsson, P.C., 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 Clerk and Recorder, and Shanahan, Dumler,
Swanson and Olsson, P.C., 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 10th day of March, A.D., 1997.
AP
eputy Clerk if the Board
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLQRADO
' Barbara J. Kirkmeyer
//
W. H. Webst r
it
2) L.b;
970425
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CR0014
AGREEMENT FOR ACCESS TO CLERK & RECORDER DATA BASE
THIS AGREEMENT, dated this 24th day of January , 1997
by and between * See below hereinafter referred to as
"User;" Weld County Clerk & Recorder, hereinafter referred to as
"Clerk & Recorder"; and Weld County, Colorado by and through the
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
WHEREAS, User desires to utilize the services of County's
computer facilities and make inquiries to the Clerk & Recorder's
data base ("the System") for title and ownership verification of
real property.
NOW, THEREFORE, in consideration of the promises and
covenants contained herein, and for other good and valuable
consideration, sufficiency as hereby acknowledged, the County,
Clerk & Recorder, and User agree as follows:
1. USE OF FACTTJTIES
County agrees that it will provide inquiry access to
the System for title and ownership verifications for
real property located in Weld County, Colorado. Access
will be given by County to User in as timely a manner
as is possible; provided, however, that County shall
ha.e 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 be liable or
deemed in default for any delay or failure in the
Page 1 of 7 Pages
* Shanahan Dumler Swanson & Olsson, P.C. ("User")
970425
performance of this Agreement resulting directly or
indirectly from any cause, including, but not limited
to, computer down time, reformatting, and file updates.
County and Clerk & Recorder specifically reserve the
right to temporarily suspend access to the System at
any time for any reason.
3. DISCLAIMER OF W R ANT
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 only
at the risk of 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 arising
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 A
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 RTGHTS
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 validly
patented or copyrighted. All proprietary rights in the
System shall at all times remain with Eagle Computer
Page 2 of 7 Pages
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Systems, Inc., County, and Clerk & Recorder, and no
proprietary rights hereby transfer to User.
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, copy, or
otherwise make available to other persons or
institutions part or all of the System.
5 INDEMNIFICATION AND NOTICE OF DISCLOSTIRF
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 of
this Agreement_ This -indemnity shall survive the
termination of this Agreement.
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 give 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
Page 3 of 7 Pages
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addresses of all persons known to User who had access
to or acquired knowledge of said information or
material.
6. COMMENCEMENT OF SERVICES
Services to be performed under this Agreement shall
commence on the date this Agreement has been executed
by both parties and shall continue until terminated
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 & Recorder. This
Agreement may be terminated by either of the parties at
any time upon 30 days written notice to the other
party. This Agreement shall continue until terminated
by either of the parties.
8. PAYMENTS TO COUNTY
Payment to County for services under this Agreement
shall be upon submission of invoices to User. Payment
shall be made within 30 days of mailing of 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" are
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
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User shall be responsible for all costs associated
therewith.
10. INDEPENDENT CONTRACTOR
County and 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.
11. ATTORNEYS FEES AND COSTS
In the event that any action is filed in relation to
the payment of fees for services provided under this
Agreement, the unsuccessful party in the action shall
pay to the prevailing party, in addition to all other
sums that either party may be called upon to pay, the
prevailing party's costs and reasonable attorneys fees.
12. NOTTC'E,,
Any notice required to be given by this Agreement shall
be considered delivered upon mailing, postage prepaid,
to the party as appropriate, unless otherwise 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
Greeley, CO 80631
USER:
13. ASSIGNMENTS
This Agreement is voidable by County or Clerk &
Page 5 of 7 Pages
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Recorder if assigned without the prior written consent
of County and Clerk & Recorder.
14. VENTIR
Venue for any and all legal actions regarding the
transaction herein shall lie in the District Court in
and for the County of Weld 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
This Agreement constitutes the entire understanding of
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 same requirement
on a separate occasion. User acknowledges that it has
read, understands, and is bound by each and every term
hereof and incorporated herein.
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.
SIGNED this 24th Day of January
Deputy a'erk to the Board
=ion( 1997
WELD COUNTY, COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY
BY: /_44T
George E. Baxter
Chairman
Page 6 of 7 Pages
as//o/9l
970425
WELD COUNTY CLERK & RECORDER
APPRO ! •S TO
BY:
Co y Att•rney 2
"Suki" Tsukam
USER:
* See below
SUBSCRIBED AND SWORN to before me this day of
WITNESS my hand and official seal.
My commission expires:
otary •lic
-9 9
SHANAHAN DUMLER SWANSON & OLSSON, P.C.
USER
By: Q/ca
Brent K. Olsson, AR# 21195
Its Vice -President; a shareholder
375 East Horsetooth Road
Shores 3, Suite 200
Fort Collins, CO 80525
[970] 226-2111
Page 7 of 7 Pages
970425
REQUEST FOR DIAL -UP ACCESS TO THE
WELD COUNTY CRIS+PLUS RECORDING SYSTEM
Company: Shanahan Dumler Swanson & Olsson. P r
Address:
375 East Horsetooth Road, Shores 3, Ste 200
Fort Collins, CO 80525
Contact Person: Brent K. Olsson
Phone: t [970] 226-2111
'��
"1„q aiaov¢
{yrylcompany desires to access the Weld County CRIS+Plus Recording System using compatible hardware and
so are. The type of access which,4desire is marked below.
Dedicated access in which I 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
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, long distance charges,
and the costs of purchasing any and all necessary computer hardware and software which will enable my
company to participate in the dedicated access.
X Occasional access at the rate of $0.25 per minute of access time on the CRIS+Plus Recording System.
understand and agree to pay all phone line costs, long distance charges, and costs of purchasing any and all
necessary computer hardware and software which will enable n�company to participate in the occasional
access. �!!
$ hereby authorize Weld County, Colorado, by and through its Information Services Department to purchase all
necessary and appropriate computer hardware and software on behalf of my company based upon the access I have
chosen above understand that4till be billed by Weld County for the costs of the computer hardware and
software within 15 days of its acquisition'.!K,agree to pay such billing within 30 days of receipt. We understand that
this is limited to the REACHOUT communications package, priced at
approximately $75.00.
Company Contact Person Date
*See below 01/24/97
Please return this form to Dan Huerter, Weld County Information Services, 915 10th Street. Greeley, CO 80631;
(970) 3564000 extension 4853; FAX (970) 356-4000.
* Shanahan Dumler Swanson & Olsson, P.C. (or "we" as appropriate)
BY Qi
BRENT K. OLSSON
Its Vice -President; a shareholder
970425
Company:
Contact:
Address:
Request for Dial Up Access in the Weld County CRIS-Plus Recording System
Shanahan Dumler Swanson & Olsson, P.C.
Brent K. Olsson
375 East Horsetooth Road, Shores 3, Ste 200
Fort Collins, CO 80525
Phone: [970] 226-2111
Type of Access Required: Dedicated: Occasional: X Estimated minutes/day: 5
If you indicated dedicated access, there will be a setup charge of $4,700.00 payable at time of setup or a setup
charge of $5,000.00 payable in twelve monthly installments of $416.67 beginning at time of setup. There will be a
$50.00 per month maintenance fee.
If you indicated occasional access, you will be assessed a charge of $0.25/minute of access time 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.
Billing Contact: Brent K . Olsson
BillingAddress: Shanahan Dumler Swanson & OJ sson. P.C.
375 East Horsetooth Road, Shores 3, Ste 200
Fort Collins, CO 80525
Billing Phone: [9701 226-2111
$ authorile the County to purchase aepropriate hardware and software on the behalf of RIF ompany based on the
access chive indicated above. eunderstand that this is limited to the REACHOUT
communications package, priced at approximately $75.00.
*See below 01/24/97
Signature Date
Please return this form to: Dan Huerter
.Weld County Information Services
915 10th Street
Greeley, CO 80631
(303) 3564000, extension 4853
FAX: (303) 356-4766
* Shanahan Dumler Swanson & Olsson, P.C. (or "we" as appropriate)
By: t CJ��
BRENT K. OLSSON
Its Vice -President; a shareholder
970425
SHANAHAN,
DUMLER,
SWANSON 5
OLSSON, P.C.
ATTORNEYS AT LAW
January 24, 1997
Mr. Brad Keil
Weld County Information Services
915 10th Street
Greeley, CO 80631
Re: Subscription to WELD COUNTY CRIS+PLUS RECORDING SYSTEM
Dear Mr. Keil:
Mr. Huerter today instructed us to deal with you
directly in setting up our subscription to the recording
system. I thank you in advance for your assistance in this
matter.
This subscription is to be set up in the name of the
firm, not in my name individually; we have accordingly signed
all documentation in that manner.
We understand that all that is necessary to purchase
is the REACHOUT communication package, with an approximate
price of $75.00. Mr. Huerter has confirmed to me that this
will work in a WINDOWS 95 environment. We reserve the right to
return the communication package to you for a full refund in
the event that it does not work in that environment.
We enclose:
i. the Agreement for Access to Clerk & Recorder
Data Base;
ii. Request for Dial -Up Access to the Weld County
CRIS+PLUS Recording System; and
iii. Request for Dial -Up Access to the Weld County
CRIS+PLUS Recording System (alternate form),
all of which we have executed in our corporate name.
STEVEN R. SHANAHAN
DOUGLAS M. DUMLER
CONRAD T. SWANSON
BRENT K. OLSSON
970425
375 EAST HORSETOOTH ROAD
SHORES 3, SUITE 200
FORT COLLINS, CO 80525
TEL: 970-226-2111
FAX: 970-226-2992
2
Please process this application at your earliest
convenience, and arrange to have returned to us for our records
a copy of the fully -executed agreement. Thank you.
Very truly yours,
Enclosures
F:\BK0\0FFICE\LTRBKEIL.007
BRENT K. OLSSON
970425
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