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HomeMy WebLinkAboutbocc.res.093.2005Reeorder's Note: The agreement with Tyler Technologies was never executed by Tyler and the grant with the Secretary of State's Office was withdrawn. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE CLERK AND RECORDER TO ENTER INTO A CONTRACT WITH THE COLORADO SECRETARY OF STATE, ACCEPTING A GRANT OFFER FOR E-RECORDING, AND ENTERING INTO AN AGREEMENT WITH TYLER TECHNOLOGIES FOR UPGRADES TO THE RECORDING SYSTEM TO ACCOMMODATE E-RECORDING RESOLUTION NO. ~)~'J' -2005 RECITIALS The Pitkin County Clerk and Recorder has applied for and has been approved for a grant for recording software and equipment capable of performing e- recording. 2. The selected vendor is Tyler Technologies (formerly Eagle Computer Systems). 3. The total cost of the project is projected to be $77,192. As of 12-31-2004, Pitkin County has already collected and retained $18,981 from an e-recording surcharge. These funds reside in a liability account (00100- 38013) and by statute can be used only for e-recording The projected funds to be similarly retained from 1-1-2005 through 6-30-2006 are $18,000. The county general funds contributed to the project are $9960, which is one year's maintenance to Tyler Technologies, which is an amount comparable to what we are currently paying for yearly maintenance on our recording system and is therefore already budgeted. 7. The grant is for the remainder of the project which is $30,251. 8. The grant funds have not been previously budgeted in 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: 1. The grant offer is approved. The County Clerk is authorized to enter into an agreement with Tyler Technologies for the recording system. The revenues for the County Clerk be adjusted by the amount of the grant, $30,251. Copies of the contracts with the Secretary of State and Tyler Technologies are available in the Clerk and Recorder's Office. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON Ma¥25 ,2005. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON May 29 ,2005. (Use Sunday's date) ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON June 8 ., 2005. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON June 19 ,2005. (Use Sunday's date) By Jean Dep, te Jones l , County Cid BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Patti Kay-Clapper, t;nairperson Date: O,i,,- t'J -05' APPROVED AS TO FORM: 'Joh~ M2~4AGE R APPROVAL: County Manager RECOMMENDED FOR APPROVAL: Silvia Davis Pitkin County Clerk and Recorder g\recording\e-recording\reso_approving_grant.doc Department Number: VAA FEIN: RECORDING GRANT APPLICATION CONTRACT This contract, made by and between the State of Colorado for the use and benefit of the Department of State, 1560 Broadway, Suite 200, Denver, CO 80202, hereinafter referred to as the State, and Pitkin County, 530 East Main Street, Aspen, CO 81611, hereinafter referred to as the Contractor, WHEREAS, authority exists in the law and funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number 15N; and WHEREAS, in accordance with Section 30-10-422, Colorado Revised Statutes, the Clerk and Recorder Technology Panel, hereinafter referred to as the Panel, has approved a grant application submitted by the Contractor, with any qualifications or modifications as indicated by the Panel in that approval; and WHEREAS, State fiscal rules require a State agency to enter into a contractual agreement in order to pass funds to a local governmental entity, and WHEREAS, this contract is in keeping with applicable State laws, rules and regulations, and WHEREAS, the Contractor is capable and desires to perform the services, NOW THEREFORE, it is agreed that: Scope of Work The Contractor agrees to conduct activities to improve the administration of recording of documents in accordance with the Clerk and Recorder Technology Panel's approval of the Contractor's grant request of April 15, 2005. Time of Performance This Contract shall become effective upon the date of proper execution of this Contract by the State and the Contractor and shall continue until June 30, 2007 as long as the State continues to designate the Contractor as an eligible recipient of funds and continues to make an allocation of funds to the Contractor. Authority to Enter into Contract The Contractor assures and warrants that it possesses the legal authority to enter into this Contract. The person signing and executing this Contract on behalf of the Contractor does hereby warrant and guarantee that he/she has full authorization to execute this Contract. 4. Compensation ,and Method of Payment Compensation: The State has allocated $30,251 for the purposes indicated in the Contractor's application for grant funds from the Clerk and Recorder Technology Fund, with any qualifications or modifications as indicated by the Panel. Method of Payment Upon approval of the grant application submitted by the Contractor, the State will reimburse Contractor in the form of a State warrant or Electronic Funds Transfer (EFT). Documentation Where the Contractor has engaged the services of outside parties or directly pays for services or products in the course of fulfilling the purposes indicated in their grant application, the Contractor will provide sufficient documentation to the State and/or the Panel that evidences the activities and payments carried out in fulfilling those purposes upon request. The Contractor will further comply with any reporting or auditing requirements that currently exist or are implemented by the State and/or the Panel with respect to the grant activities of the Contractor. Discretiona~ Audit The State, through the Secretary of State, the State Auditor, or any of their duIy authorized representatives or designees, shall have the right to inspect, examine and audit the Contractor's records, books, accounts and other relevant documents with regard to the activities conducted in accordance with the Panel's approval of the Contractor's grant application. Amendments The State may request changes in the scope of services or any other provision in this agreement. Such changes in the scope of services or other provision shall be in writing via the issuance of an amendment to this agreement. Any revisions to the scope of services or any other award provision initiated by the Contractor must be approved by the State and formalized through an amendment to the Contract. Conflict of Interest a) The Contractor agrees that no person at any time exercising any function of responsibility in connection with this project on behalf of the Contractor shall have or acquire any personal financial or economic interest, direct or indirect, which will be materially affected by this contract, except to the extent that he may receive compensation for his performance pursuant to this contract. b) A personal financial or economic interest includes, but is not limited to: i) ii) iii) iv) any business entity in which the person has a direct or indirect monetary interest; any real property in which the person has a direct or indirect monetary interest; any source of income, loans, or gifts received by or promised to the person within twelve (12) months prior to the execution date of this contract; any business entity in which the person is a director, officer, general or limited partner, trustee, employee, or holds any position of management. c) In the event a conflict of interest, as described in this Paragraph 9, cannot be avoided without frustrating the purposes of this contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the contract for cause, as provided in Paragraph 11. Failure to file a disclosure statement required by this Paragraph 9 shall constitute grounds for termination of this contract for cause by the State. Contract Suspension If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor, suspend the contract and withhold payment or prohibit the Contractor from incurring additional obligation of contractual funds, pending 10. 11. 12. b) 13. 14. corrective action by the Contractor or a decision by the State to terminate in accordance with Paragraph 11, Contract Termination. Contract Termination This Contract may be terminated by the State upon written notice at least twenty (20) days before the date of termination, if, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor. Severability To the extent that this contract may be executed and performance of the obligation of the parties may be accomplished within the intent of the contract, the terms of the contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term nor as waiver of a subsequent breach of the same term. Nondiscrimination The Contractor shall comply with all applicable state and federal laws, rules, regulations and Executive Orders of the Governor of Colorado, involving nondiscrimination on the basis of race, color, religion, national origin, age, handicap, or sex. The Americans with Disabilities Act of 1990, Public Law 101-336, also referred to as the ADA 28 CFR Par[ 35. The Contractor must comply with ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. Compliance with Federal Agreement/Contract Terms and Conditions, Federal and State Law and Pro.qram Rules and Re.qulations At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established. Extent of Aqreement This Agreement is intended solely to fund the activities as outlined in Paragraph 1, Scope of Work, and to define the rights and responsibilities between the parties with respect to such funding. SPECIAL PROVISIONS (For Use Only with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24-30-202 This contract shall not be deemed va]id until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent L]pOn funds for that purpose being appropriated, bL]dgeted, and otherwise made available. 3. INDEMNIFICATION. To the ex~ent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shatl be construed o n e p eted as a waive, exp ess or implied, of any o he mmunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental ~mmunity Act, CRS 24-10-10t et seq or the Federal Tort Claims Act, 28 U,SC. 2671 et seq. as applicable, as now or hereafter amended 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE, CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AN D INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THiS CONTRACT. CONTRACTOR ACKNOWLEDG ES THAT THE CONTRACTOR AND iTS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT iNSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE CONTRACTOR SHALL HAVE NO AUTHOR ZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION iNSURANCE JN THE AMOUNTS REQU RED BY L~W, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTO R, ITS EMPLOYEES AN D AGENTS 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair emproyment practices. 6. CHOICE OF LAW The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be app ed n he n erp etation, execution, and enforcement of this contract. Any provision of this contract whether or not incorpora ed he e n by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in par[ shall be valid or enforceable or available in any action at law who he by way of comp ant defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At ail times during the performance of this contract, the Contractor shall strictly adhere to all applicabre federal and s a e aws, rules, and regulations that have been or may hereafter be established 7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acqu s t on, operatior~, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions The Contrac or hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signator es ave that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. SPECIAL PROVISIONS THE PARTIES HERETO HAE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: Bill Owens, Governor Legal Name of Contracting Entity Signature of Autl~rized OffiCer Print Name & Title of Authorized Officer Donetta Davidson, Secretary of State Department of State ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin pedormance until the contract is signed and date below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: Leslie M. Shenefelt