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Home My WebLink About970268.tiff RESOLUTION RE: APPROVE AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE WITH ROBERT T. HARDCASTLE, ATTORNEY, 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 Robert T. Hardcastle, Attorney, commencing upon execution of said agreement, 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 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 Robert T. Hardcastle, Attorney, 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 February, A.D., 1997. BOARD OF COUNTY COMMISSIONERS / 0 WELD OUNTY, COLORADO /l ATTEST w # . . t v, , i et"fre ff � x,� i George E. Baxter, Chair Weld l'C�tfit tlar(c tp}he aoari P -iYi7yfw „..e_e� �aG �� ,t I'il Constance L. Harbe , Pro-T m By: ��y�:. , �®/E�D./t —Li/ Deputy roard ; —. Dale K. Hall APPROVED AS TO FORM: FXC;IISFII r)ATF C)F SIC,NINC; (AYF) Barbara J. Kirkmeyer ! u ,"�i Attorne - 2161 '�i/ VoR W. H. Webster 970268 CR0014 CC : e E; ser; /-4rdc_as/k AGREEMENT FOR ACCESS TO CLERK & RECORDER DATA BASE THIS AGREEMENT, dated this /S ti day of J evNUCf�y , /ft?, by and between ieairc.r 1- /. /% i,,r4'e, 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 FACILITIES 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 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 be liable or deemed in default for any delay or failure in the Page 1 of 7 Pages 9702€s 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 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 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 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 validly patented or copyrighted. All proprietary rights in the System shall at all times remain with Eagle Computer Page 2 of 7 Pages 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 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 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 970?cs 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 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 . NOTICES. 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 97O` 13 Recorder if assigned without the prior written consent of County and Clerk & Recorder. 14 . VENUE Venue for any and all legal actions regarding the transaction herein shall lie in the District Court in 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 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 4 D .y o J ciwuvdl , 199]T2 li) , ,,1 ATTES ' • ,j ��,;, ,U>/, �`. TL -�"� WELD COUNTY, COLORADO, BY AND �b fi , \ THROUGH THE BOARD OF COUNTY �� CLER Ti ii6Ad2b COMMISSIONERS OF WELD COUNTY l BY: LAGAte / �_ /.. BY: 4,-1Z / -Aart De. • ity Clerk e the = • ' GEORGE E. BAXTER 02/10/97 T— v Chairman Page 6 of 7 Pages Q70?.'f's WELD COUNTY CLERK & RECORDER S APP2LED TO F . BY _--7 //� , C my Atto ney USER: 41 I Vh SUBSCRIBED AND SWORN to before me this It" day of JLr ILLI( i ,c} , WITNESS my hand and official seal . 2 )Q i l(C_( _ //'6/1R (< ,L� Notary Public > oc ' 114% ofUiSsion expires : Lit,ji1t_ / l(l lc^ Page 7 of 7 Pages Q7p?r,7-3 REQUEST FOR DIAL-UP ACCESS TO THE WELD COUNTY CRIS+PLUS�LRECORDING SYSTEM Company: Ar� f / • /7Cll Oc� cc Address: 96 / g// Sty Ste'fc �� C „ /yam vz ibt Contact Person: % A 7 Phone: •Sny 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. _ 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. Occasional access at the rate of$0.25 per minute of access time on the CRIS+Plus Recording System. I 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 my company to participate in the occasional access. I 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. I understand that I will be billed by Weld County for the costs of the computer hardware and software days of its acquisition. I agree to pay such billing within 30 days of receipt. //-C•79?2 Company Contact Person Date 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. 970.7i r. Request for Dial Up Access in the Weld County CRIS-Plus Recording System Company: O r —f l ///Yr lGi�f Contact: gO/ g�� S/ SLs- r 2? G Address: i Phone: WV2- Type of Access Required: Dedicated:_ Occasional: X. Estimated minutes/day: 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: Billing Address: Billing Phone: I authorize the County to purchase appropriate hardware and software on the behalf of my company based on the access I have indicated above. Jre.0 /4 4% Signature Date Please return this form to: Dan Huerter Weld County Information Services 915 10th Street Greeley,CO 80631 (303)356-4000,extension 4853 FAX:(303)356-4766 9702r.3 Hello