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CR 91-175 Property Information System Agreementt Y O G AN 'S- cp O P K � August 14, 1991 Council Report: 9.1 -175 PROPERTY INFORMATION SYSTEM AGREEMENT WITH HENNEPIN COUNTY Proposed Action Staff recommends the following motion: Move to approve the agreement between the County of Hennepin and the City of Hopkins to provide on -li access to the Property Information System. Approval of this motion will allow the City of Hopkins computer access to current property data retained in the Property Information System. overview The Property Information System manages information on land ownership, assessment and property taxes in Hennepin County. Information may be accessed by property identification number or street address using a personal computer. The user may obtain market value, special assessments, petitions for review, owner, taxpayer name and address information, and legal description. Primary Issues to Consider o What are costs associated with this service? o What are the benef its .to the City? Supporting Information o Proposed agreement Robert C. Wilson City Assessor Cr91 -175 Page 2 Primary Issues to Consider. o What are the costs associated with this service? The on -line service is available on a month -to -month basis. The installation fee is $1,200. This fee includes a digital telephone circuit, emulation software and in -house wiring. The monthly costs are divided into categories: Hennepin County fees and telephone line fees. Hennepin County charges 2.21 ¢ per transaction and a monthly connection fee of $48.00. Telephone line charges are $147.56 per month. These monthly costs have been accounted for in the 1991 Assessing Department budget. o What are the benefits to the city? A majority of the larger municipalities in Hennepin County are currently using this service. The benefits to the city are improved customer service as a result of quick and easy access to: tax amounts and payments,.principal and interest amounts and outstanding balances on special assessments, sales data and legal descriptions. Ownership information is available as soon as a deed is recorded at Hennepin County. Presently, it may take months before the city is aware of a change in ownership. All departments will be able to access this information which will reduce required staff time spent on record keeping and retrieving requested data from property files and microfilm. Contract No. A08121 THIS AGREEMENT, made and entered into between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as "COUNTY" and the CITY OF HOPKINS, said City being a political subdivision of the State of Minnesota, hereinafter referred to as , USER "; WITNESSETH: WHEREIN, IT IS MUTUALLY AGREED AS FOLLOWS: A. The COUNTY shall allow the USER access to certain public information contained in COUNTY computerized data files ( " public information") through computer equipment operating in conjunction with the COUNTY computer system as follows: 1. The COUNTY will permit USER File Inquiry access to the computer system as set forth in Exhibit A, attached hereto and made a part hereof by this reference. 2. . USER, at its expense, shall be solely responsible for selecting obtaining, installing, maintaining, repairing, modifying and /or replacing any equipment used to access or attempt to access said computer system. At USER's request, the COUNTY will furnish to USER information concerning equipment which the COUNTY believes to be compatible with the COUNTY's computer system. It will be the USER's responsibility to verify with the seller, manufacturer, distributor, etc. of the equipment, the accuracy of the information so furnished by the COUNTY and also to obtain from any such entity any additional necessary information. The furnishing of such information shall in no manner be construed as an expression of the COUNTY's guarantee or warranty of the equipment's quality or performance or its compatibility with said computer system.. Supplemental to Paragraph D hereof which, together with Paragraph L hereof, primarily governs all aspects of information furnished to USER under this Paragraph, it is agreed that the COUNTY shall incur no liability whatsoever with respect to the furnishing or content of said information or with respect to the equipment's quality, performance or incompatibility. Information so received from the COUNTY shall not preclude USER from acquiring other equipment which USER believes to be compatible with the computer system, provided that the COUNTY shall in no manner be liable with respect to any resulting incompatibility or in any other respect whatsoever. Further, USER, at its sole expense, shall provide all necessary cabling between said equipment and any County owned communications equipment (including but not limited to terminal controllers, modems, digital sharing devices, etc.) connected to a telephone line(s) to facilitate USER's access to the COUNTY's computer system. It is understood that USER, at its expense shall be solely responsible for installation, maintenance, repair, modification, replacement, etc. of said cabling. Further, it is agreed that with respect to any COUNTY owned communications equipment connected to a telephone line as aforesaid, the COUNTY is hereby duly authorized to keep, maintain, operate, remove, replace, modify and /or repair the same on USER's premises during the term of this Agreement or any extension hereof and until 30 days after cancellation or termination hereof. 3. The COUNTY will make arrangements with a telephone company for installation and /or de- installation of a telephone line(s) if such a connection is to be employed between the USER's equipment and the COUNTY's computer system. The USER understands and agrees that it is generally in its own best interest to cooperate in good faith with the telephone company so that safe, reasonable and timely; access to the USER's premises is provided to personnel of the telephone company for efficient and expeditious installation and /or de4nstallation of any such telephone lines. It is agreed that nothing herein shall be construed as obviating the necessity of the telephone company or its employees or representatives from obtaining USER's consent to gain access to and work within USER's premises when so required by USER. Nor shall anything herein diminish any right of the USER to be present during any such work of the telephone company in order to assure that persons and property, real or personal, are reasonably protected. B. It is understood and agreed that if it is determined by the COUNTY that it is necessary to allocate time and capacity utilization of the computer system in order to carry out COUNTY activities properly, the COUNTY may reduce or discontinue service for such length of time as the COUNTY may deem appropriate. The COUNTY, in good faith, shall endeavor to notify the USER prior to any such service interruption whenever the COUNTY shall determine the pertinent circumstances reasonably permit such notification. C. The hours of service furnished hereunder are limited to the business hours observed by the COUNTY at the Hennepin County Government Center and, therefore, will be observed as follows: 1. Monday through Friday - 8:00 a.m. to 5:00 p.m. 2. Service will not be available on holidays or other time off observed by the COUNTY. 3. The COUNTY reserves the right to change said business hours and shall give written notice to USER of any such change. D. The COUNTY does not warranty or guarantee the performance of the main computer system, the telephone lines and /or cabling, or any software and /or equipment in connection or in association with any or all of the foregoing, nor does the COUNTY warranty or guarantee any programming utilized in any of the above. Further, the COUNTY shall have no obligation or liability whatsoever concerning any aspect of the telephone lines, including, without limitation, the installation, de- installation, repair, operation, malfunctioning, maintenance, implication or circumstance regarding injury to person or property and /or signal /data transmission quality or deficiencies. It is specifically understood by the USER that changes and adjustments are made in the official records from time to time which may be in process at any given time; and, under the circumstances, the information received by the USER will be subject to such changes and adjustments. Accordingly, errors or omissions may occur in the data received on or through the pertinent equipment utilized by or servicing the USER. Further, the USER specifically understands and agrees that the service furnished under this Agreement is subject to the temporary or permanent inability of the COUNTY to furnish either and also is subject to errors, omissions, damages, reductions, discontinuances, malfunctions, inoperativeness, scheduled downtimes, delays or interruptions which may be due to any one or a combination of a wide spectrum of causes. While the COUNTY shall endeavor in good faith to maintain a high degree of accuracy and efficiency in the services provided hereunder, the sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY liability of any kind whatsoever, including but not limited to liability for nonperformance or any deficiencies with respect to said services, shall be limited to diligently restoring the services and /or any deficiency in said service as is reasonably possible under the pertinent circumstances. USER fully understands and agrees that the COUNTY may change, modify and /or replace said computer system and any components thereof including, without limitation, any related equipment, software, wiring and /or cabling, and that, incidental thereto, any such change, etc. could possibly extinguish or impair the compatibility between USER's equipment and said computer system, thus necessitating, perhaps, the replacement of, changes to, and /or modification of USER's equipment to access said computer system; and that in any such event the COUNTY will in no manner be liable for the costs and /or damages which are sustained by USER and which are, in any respect, associated, directly or indirectly, with any or all of the foregoing occurrences but that USER shall bear the full costs thereof. In no event shall the COUNTY be liable for actual, direct, indirect, special, incidental, consequential damages (even if the COUNTY has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damages. 2. Public information furnished and to be furnished has been and shall be obtained from the COUNTY'S records and is believed to be reliable. But the accuracy, completeness, timeliness or correct, sequencing of the information is not guaranteed by COUNTY. There may be delays, interruptions, omissions or inaccuracies in the receipt of the public information. The USER agrees that the COUNTY shall have no liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the data, or for any decision made or action taken by USER in reliance 2 upon the data. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE (OR USE), AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE. E. The COUNTY in said Exhibit A shall set forth costs, billing and payment information, and the type(s) of public information which the COUNTY will permit the USER to access. USER shall be responsible for the payment of the File Inquiry fees, support charges, telephone line charges, and telephone installation /de- installation charges. USER will be billed by the COUNTY on a monthly basis. The bill shall show the File Inquiry fee, support charge, and any telephone line and /or telephone line installation /de- installation charge, provided the COUNTY may bill USER separately with respect to any installation /de- installation charge. Payment shall be made by USER within thirty (30) days after receipt of each said bill. Support and telephone charges shall be payable whether or not USER has assessed the public information during any month USER is permitted to access such public information. F. During the contract period, the COUNTY may change any portion of the monthly fee /charges, provided that a ninety (90) day written notice be given to the USER prior to the effective date of said fee /charge change. Any fee /charge so changed will appear on the appropriate monthly billing, except that any telephone charge change shall not require written notice but shall be effective immediately and shall be payable when included in the monthly billing presented to USER as provided herein. If a USER has been authorized access to more than one type of public information, it may, upon sixty (60) days' written notice to the COUNTY cancel any of them at any time, provided that if all such access is so cancelled by USER, the File Inquiry fee and support and telephone line charges set forth in said Exhibit A shall continue unabated unless and until this contract is terminated or cancelled in accordance with the terms of Paragraph G hereof. The USER may request of the COUNTY that access to additional public information be authorized. If USER cancels any such access or if the COUNTY assents to any request for additional access, the COUNTY shall set forth such information in an exhibit which shall be dated, bear this contract number, bear an exhibit letter in proper sequence to Exhibit A, and be attached hereto. At the COUNTY's option, however, any such public information access change may he effected through a formal amendment hereof, including an amendment to Exhibit A. USER agrees that if there is a change in the File Inquiry fee, as above set forth, USER will pay the changed File Inquiry fee, as well as any other charge or fee that is changed, after notification of the change, as above provided, unless this contract is cancelled prior to the effective date of any such change. G. 1. This Agreement shall commence on the date of its approval by the County and remain in effect until December 31, 1991. Upon mutual consent of both parties hereto, this Agreement will be extended fora twelve month period commencing January 1 of each calendar year after 1991. Mutual consent shall be shown and the extension shall be effective if each party shall, prior to December 31 of each year, receive written notice from the other party of said other party's desire or intent to so extend. Each extension term shall be upon the same terms and conditions as herein set forth. USER agrees that it hereby waives any and all rights it may at any time possess to contest, in any respect whatsoever, the validity of any such extension notice and /or the effect thereof. USER further agrees that it shall be conclusively presumed that (a) the signatory(ies) on any said extension notice of USER to have been duly authorized by USER to sign and send such notice on behalf of USER and (b) USER intended that such extension notice be valid and effective. 2. This Agreement may be cancelled by either party giving 60 days prior written notice thereof to the other party. H . USER agrees that during the term of this Agreement, in addition to the fees /charges provided herein to be paid, it will promptly pay.all taxes, assessments and other governmental charges, if any, levied or assessed upon the services furnished hereunder to USER, and USER will promptly pay or reimburse the COUNTY for all taxes levied or assessed against and paid by the COUNTY on account of its furnishing services to USER hereunder. 3 I. In the event the USER shall fail duly and promptly to perform any of its obligations under the provisions of this Agreement, the COUNTY, at its option may immediately, or any time thereafter, perform the same for the account of the USER without waiving such default and any amount paid or expense or liability incurred by the COUNTY in such performance, together with interest thereon at the highest maximum rate permitted by applicable law until paid by the USER to the COUNTY shall be payable by the USER upon demand. J. There shall be deemed to be a breach of this Agreement: 1. If the USER shall. default in any payment due hereunder and such default shall continue for a period of ten '(10) days after due; 2. If the USER shall default in the performance of any of the other covenants or provisions herein and such default shall continue uncured for fifteen (15) days after written notice to the USER. In the event of a breach of this Agreement, as herein defined: (a) The USER shall be liable for all costs, damages and losses incurred by the COUNTY on account of said breach and /or also in terminating this Agreement. (b) All sums due and to become due hereunder, at the COUNTY's option, shall become payable forthwith. (c) All sums dues and to become due hereunder, at the COUN'TY's option, shall become payable forthwith. In the event of breach of this Agreement, the. COUNTY may also enforce specific performance of the applicable covenants of this Agreement by appropriate legal proceedings, as well as any other remedy herein provided. Should any legal proceedings be instituted by the COUNTY to recover any monies due or to become due hereunder, and/or to recover other damages sustained by the COUNTY on account of such breach, the USER shall pay a reasonable sum as attorney's fees. K. No right or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or by law, statute or equity provided, but each shall be cumulative and in addition to every other right or remedy, and shall be deemed to be continuing, none of which shall be exhausted by being exercised on one or more occasion and may be enforced concurrently or from time to time. L. The USER shall defend, indemnify and save the COUNTY harmless from any liability, claims, damages, judgments, costs (including reasonable attorneys' fees), demands or actions arising, directly or indirectly, out of any act or omission on the part of the USER, its employees, officers, agents, contractors or representatives relating to the obtaining, use, and or possession of information provided hereunder, USER's access to the computer system, including without limitation, the obtainment, installation /de- installation and /or existence of telephone lines and any and all activities related- thereto, and /or relating to the ownership, use or operation of USER's equipment and from all loss or liability by reason of failure of the USER, in any respect, to perform fully or observe all obligations under this Agreement. M. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO USER: City of Hopkins Attn: Bob Wilson, City Assessor 1010 -1st Street South Hopkins, MN. 55343 In TO COUNTY: Hennepin County Administrator A -2300 Government Center, Mail Code 233 Minneapolis, MN 55487 Copy to: Director, Information Services A-015 Government Center, Mail Code 005 Minneapolis, MN 55487 Either party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be 'deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. N. No oral agreement, guarantee, promise, condition, representation or warranty shall be binding; all prior conversations, agreement or representations related hereto are integrated herein, and no modification hereof shall be binding unless in writing and signed by the COUNTY. O. 1 This Agreement shall be governed by and construed under the laws of the State of Minnesota. Hennepin County shall be the appropriate venue and jurisdiction for any litigation arising hereunder, except that venue and jurisdiction in the Federal courts shall be in the appropriate Federal Court within the State of Minnesota. If any provision of the Contract is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. P. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint ventures or co- partners between the parties hereto or as constituting the USER as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. The USER is to be and shall remain an independent USER under this Agreement. Any and all personnel of the USER or other persons, while engaged in the performance of any activity under this Agreement, shall have no Contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the workers' compensation act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the USER, its officers, agents, the USER or employees shall in no way be the responsibility of the COUNTY, and the USER shall defend, indemnify and hold the COUNTY, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay and P.E.R.A. Q. It is understood and agreed that the obligations of the USER under Paragraphs H, J, L and P hereof and the obligations of the USER which, by their sense and context are intended to survive the completion of performance thereof by the USER, shall so survive the completion of performance and termination or cancellation of this Contract, including without limitation the making of any and all payments hereunder. R. The COUNTY's failure to insist upon strict performance of any covenant, Agreement or stipulation of the Contract or to exercise any right :herein contained shall not be a waiver or relinquishment of such covenant, Agreement, stipulation or right unless the COUNTY consents. thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant, Agreement, stipulation or right. 5 r The USER, having signed this Agreement, and the County having duly approved this Agreement on the day of . 19 and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the _provisions set forth herein. COUNTY OF HENNEPIN, STATE OF MINNESOTA Upon proper execution, this Agreement will be lea alid nd bin BY: Deputy /Associate County Administrator ` i Co n Att )rney Dabs ~_ APPROVED AS TO EXECUTION: Assistant County Attorney CITY OF HOPKINS Dabs Its And: Its EXHIBIT A TO CONTRACT NO. A08121 City of Hopkins 1991 • I. COUNTY will provide inquiry -only access to the following information systems: Propgr1y Information System: Access to this system will permit viewing of current real estate tax information, including legal descriptions, valuations, special assessments and other public data retained in the. Property Information Systems. II. Usage Charge A File Inquiry fee of $,0221 per transaction will be charged monthly for each inquiry to the system. III. Suppport Charge The USER will be charged $48.00 monthly for one connection to Hennepin County's teleprocessing network. The USER will be charged an additional $48.00 monthly for each additional connection to Hennepin County's teleprocessing network. IV. Telephone Line Charge The USER will be charged the monthly cost of the telephone line. The current charge is $147.56 but will be adjusted accordingly to new rate increases /decreases. Charges relating to the installation /de- installation of telephone lines may be included in a monthly billing or included in a separate billing.