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Home My WebLink About20122370.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN - STATE OF COLORADO, 19TH JUDICIAL DISTRICT 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 19th Judicial District is installing a voice-over internet phone (VOIP) system at its office located at 901 9th Avenue, Greeley, Colorado 80631, which includes service to 915 10th Street, 910 10th Avenue, 934 9th Avenue, and 901 10th Avenue, Greeley, Colorado, and 2950 9th Street, Fort Lupton, Colorado 80621, and WHEREAS, certain cabling for such VOIP exists in the County's utility "phone room" located in the basement of the County's Centennial Center and the District needs access to this phone room to install and connect analog devices from the VOIP system to the County's copper cable and distribution plant, and WHEREAS, the District's VOIP system will be located in the Weld County Court Complex, which includes service to all courts and probation facilities in Weld County, and WHEREAS, the Board has been presented with a Memorandum of Understanding between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the State of Colorado, 19th Judicial District, commencing upon full execution, with further terms and conditions being as stated in said Memorandum of Understanding regarding the parties respective responsibilities for the District VOIP system. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Understanding be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair is authorized to sign said Memorandum of Understanding. 9 ofic -�oK-areas . �vr��KuYev s� q-� _ �a 9-( -Ia 2012-2370 BG0014 MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN - 19TH JUDICIAL DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of September, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �,irw:=�'14i___ cc3 Sean P. Co way, C - Weld County Clerk to the Board ��+ Willi F. Gar a, Pro-T Deputy Clerk to he Board 1jd '. CUSED i fit. Kirkmeyer 1861 5� * APPt� s • FORM: ,...t � . cA,3 C ---z, Cis ►-� id . Long County Attorney '��► „ • Ca u 6 �1 Dougla Rademach Date of signature: el A ,0 3- 2012-2370 BG0014 MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TO UTILITY CLOSET AND VOIP MAINTENANCE AGREEMENT This Memorandum of Understanding ("MOU") outlines the agreement between the State of Colorado Judicial Department, by and through the 19th Judicial District (hereinafter "District") and the Weld County Board of County Commissioners, located at 1150 "O" Street, Greeley, CO 80632 (hereinafter "County") regarding the installation and maintenance of data lines into the County Courthouse, located at 901 9th Avenue, Greeley, CO, for the Department's phone system. The District and County may each be referred to herein as a"Party," or collectively as the "Parties." WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 District is installing a voice-over internet phone (VOIP) system at its 901 9th Ave, Greeley CO 80631 office location that includes service to 915 10th Street, 910 10`h Avenue, 934 9th Avenue, 901 10th Avenue, Greeley, CO, and 2950 9th Street, Fort Lupton, CO; WHEREAS, certain cabling for such VOIP exists in the County's utility "phone room" located in the basement of the County's Centennial Center and the District needs access this phone room to install and connect analog devices from the VOIP system to the County's copper cable and distribution plant; WHEREAS, the District's VOIP system will be located in the Weld County Court Complex that includes service to all courts and probation facilities in Weld County. Accordingly, the Parties desire to enter into this MOU Agreement regarding their respective responsibilities for the District VOIP system. NOW THEREFORE it is hereby agreed that: 1. Purpose. The purpose of this MOU is to provide the framework for utility phone closet access and maintenance responsibilities regarding the District's VOIP system. 2. Duration. This MOU shall be effective on the date of execution, and shall remain in effect until a subsequent agreement is entered into that amends, modifies, supersedes and/or terminates this MOU Agreement. Such subsequent agreement must be mutually agreed to in writing. The District may terminate this MOU at any time with 60 days notice to the County. If the District chooses to terminate this MOU, it shall consult with the County to determine the future of any data/phone line that the District installed in 2012-2370 &Dic2-&S2 Page 1 of 4 the courthouse. The County may choose that the District cut the cable line or alternatively, the County may choose to keep the line and/or equipment already installed and transfer ownership of the lines and/or equipment from the District to the County. The County may not terminate this MOU without the consent of the District. Such consent shall not be unreasonably withheld. 3. Ownership Ownership of all data/phone line(s) and equipment installed for the District VOIP system pursuant to this MOU shall at all times remain with the District, unless otherwise agreed to by the parties in a subsequent agreement, or unless ownership is transferred pursuant to the Duration section of this MOU. 4. Installation The District shall be responsible for the costs and installation of any additional data/phone line(s) and equipment required for its VOIP system, as set out in this MOU. The District shall consult and cooperate with the County to ensure that the installation does not substantially interfere with the structure or aesthetics of the courthouse. The District shall ensure that the installation is completed in a professional manner, and that all clean up is completed in a timely manner. The District shall choose what lines and equipment are necessary to complete the VOIP upgrade. County shall permit the District access to the utility phone room in the basement of the Centennial Center. The key that the District now possesses for the 2"d floor DA closet shall also provide access to the utility phone room. County agrees that the District may conduct any installation and maintenance needed for the VOIP system via access to the phone utility closet. 5. Maintenance/ Information Technology The District is solely responsible for the maintenance of all line(s) and equipment that it installs in the courthouse for its VOIP system pursuant to this MOU. The County shall retain responsibility for maintenance of all line(s) and equipment already owned and maintained by the County. The District shall repair any damage to the courthouse caused by or resulting from the installation of VOIP line(s) and equipment. The County may repair the courthouse as it deems necessary but shall make any repairs necessary to allow the VOIP to function. Unless agreed upon pursuant to a subsequent agreement, the County shall assume all costs of repairs completed by the County. Page 2 of 4 Unless agreed upon pursuant to a subsequent agreement, the County shall not be responsible for providing information technology services related to the new data/phone lines and/or equipment. 6. Insurance Each party acknowledges that it is self-insured in accordance with C.R.S. 24-10- 115(2). This MOU does not increase any insurance requirement. . The District bears the risk of loss to the District as it relates to any line(s) and/or equipment installed for its VOIP system pursuant to this MOU. 7. No Waiver of Immunity No portion of this MOU shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et. seq., or pursuant to any other law, nor shall any portion of this MOU be deemed to have created a duty of care that did not previously exists with respect to any person not a party to this MOU. 8. Entire Agreement This MOU contains the entire agreement and understanding between the parties to this MOU and supersedes any other agreements concerning the subject matter of this MOU, whether oral or written. Any changes to this MOU must be mutually agreed upon by the parties as evidenced by a written amendment to this Agreement. 9. No Third Party Beneficiaries It is the express intention of the parties that no other persons or entities other than the undersigned parties receiving services or benefits under this MOU shall be deemed to be third party beneficiaries. Any such persons or entities are incidental beneficiaries only. 10. Severability If any provision of this MOU should be held to be invalid, illegal, or unenforceable for any reason, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 11. General Provisions. a. The parties to this Agreement are cooperating agencies. No employee or agent of either agency shall be deemed to be an employee or agent of the other agency and shall have no authority, express or implied, to bind the other agency Page 3 of 4 except as expressly set forth herein. Each agency will be responsible for its acts and those of its employees, agents and subcontractors, if any, during the course of this Agreement. Each agency shall pay, when due, all required employment taxes and income tax withholding on any moneys paid to it pursuant to this Agreement. b. Each party shall promptly notify the other in the event that it becomes a defendant in a lawsuit which involves services provided under this Agreement. Each party shall deliver to the other a copy of any pleading (relating to the services provided hereunder) served upon it, within five days after receipt of such service of process. c. For the purposes of this Agreement, the persons named below are designated as the representatives of the District and County, and all notices required to be given by the parties shall be delivered to the representative named below. The parties may designate in writing new or substitute representatives: Weld County State of Colorado Judicial Department 19`h Judicial District Toby Taylor Karen Salaz Weld County Director of Buildings and Grounds 19th Judicial District Administrator ttaylor@weldgov.com Karen.salaz@judicial.state.co.us (970) 356-4000 extension 2023 970-539-8307 Alan Reiners Telecommunications Coordinator (JBITS) Office of the State Court Administrator Office(720)921-7848 Cell(303)434-6056 Alan.Reiners@judicial.state.co.us I hereby certify that I have the authority to enter this MOU and establish liability for this agency. Weld County COLORADO JUDICIAL DEPARTMENT 19th Judicial District By: By: 42-1-2-4-1 Sean Conway, Chair - Karen alaz, District Ad trator Board of County Commissioner Date: SEP 0 5 2012 Date: o7O/a- &S26 Page 4 of 4 Hello