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PROPOSED RESOLUTION
A RESOLUTION PROVIDING FOR THE ACCEPTANCE OF FUNDS BEING HELD BY FIDLAR TECHNOLOGIES ON BEHALF OF COOK COUNTY AND THE COOK COUNTY RECORDER OF DEEDS FOR FEE-SHARING SERVICES INVOLVING USE OF FIDLAR SOFTWARE FOR ACCESS TO OR SALE OF INTERNET DOCUMENTS AVAILABLE FROM THE OFFICE OF RECORDER OF DEEDS
WHEREAS, in April of 2010, the Cook County Board approved Contract No. 10-41-23 between the County and Fidlar Technologies (hereinafter "Fidlar") for the marketing and sale of access to internet data and reproduction of images available through the Office of Cook County Recorder of Deeds through the use of a revenue sharing model whereby Fidlar was compensated for the use and maintenance of its specialty software and the County was compensated for the sale of such data and images to Fidlar customers via the use of Fidlar's software on a 70-30 basis, with the County receiving 70% of such sales; and
WHEREAS, Contract No. 10-41-23 expired by its term in January of 2011 and was not submitted for renewal; and
WHEREAS, Fidlar continued to provide services to the County in accordance with the terms of the Contract but in April of 2012 was instructed by the Recorder's Office to retain all funds in an account for the benefit of the County until a determination could be made on whether or not a new contract was required and the conditions therefor could be negotiated; and
WHEREAS, the Office of the Cook County Recorder of Deeds has the authority to negotiate and execute a new agreement with Fidlar, subject to Board approval; and
WHEREAS, negotiations are underway with Fidlar to enable the Office of the Recorder of Deeds to bring forward a new agreement to the Board of Commissioners as soon as possible; and
WHEREAS, an audit of the funds being held for the benefit of the County was completed by the County Auditors and the respective report was submitted to the Cook County Board for approval; and
WHEREAS, there are no outstanding issues, disputes, lawsuits or other matters (collectively "Claims") between the two parties that exist or may exist regarding the use of Fidlar software or the access of County public data via the use of Fidlar Software or any other issues on or before the effective date of any new agreement which may be executed between the parties upon Board approval.
NOW, THEREFORE, BE IT RESOLVED, by the President and the Cook County Board of Commissioners do hereby accept these funds endorsing with this resolution; and
BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to accept the funds being held by Fidlar for the benefit of the County and to continue to accept the funds until the effective date of any new agreement which may be executed between the County and Fidlar, thereby allowing the County to receive such funds for deposit into the appropriate account.
BE IT FURTHER RESOLVED, the County Clerk is hereby authorized and directed to forward a copy of this resolution to the Office of the Cook County Recorder of Deeds.
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