HomeMy WebLinkAbout20101602.tiff RESOLUTION
RE: APPROVE GEOSPATIAL INTERGOVERNMENTAL AGREEMENT 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 a Geospatial Intergovernmental Agreement
designed to facilitate and promote the exchange of geographic data and information between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the State of Colorado, Governor's Office of Information Technology, commencing
July 21, 2010, and ending July 20, 2015, 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 Geospatial Intergovernmental Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and the
State of Colorado, Governor's Office of Information Technology, 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 21st day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO •RADO
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S s,las 'ademacher, C =it
Weld County Clerk to the Bo 86 Dy. ��
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Sara Kirkmeyer, Pr.-Tem f
Depu lerk to Board
Sean P. Conway
AP�D AS T M: EXCUSED
Wi i- F. Garcia orn y d._ �� Ed,-
David E. Long
Date of signature: Rlllolatlb \l
CC2 S\-O. 2010-1602
3-It lu DP0010
State of Colorado Geospatial
Intergovernmental Agreement
2010-1602
Table of Contents
Article I. Authority 1
Article II Purpose 1
Article III Parties to the Agreement 1
Article IV Rights and Obligations 1
Section 4.1 Governor's Office of Information Technology 1
Section 4.2 Weld County 3
Article V General Terms and Conditions 4
Section 5.1 Term 4
Section 5.2 Law 4
Section 5.3 Appropriation of Funds 4
Section 5.4 Integration 4
Section 5.5 Headings 5
Section 5.6 No Third Party Beneficiary 5
Section 5.7 Compensation 5
Section 5.8 Modification 5
Section 5.9 Counterparts 5
Section 5.11 Termination 5
Geospatial Intergovernmental Agreement
This Geospatial Intergovernmental Agreement, dated this 11th day of June, 2010
is made by and between the following governmental entities:
• The State of Colorado Governor's Office of Information Technology (OIT),
and
• Weld County (County).
The Parties to this Intergovernmental Agreement (OIT and County), hereby
agree as follows:
Article I. Authority
This intergovernmental agreement is made under authority of Colorado
Constitution, Article XX, Section 6; Colorado Constitution Article XIV, Section 18;
and Section 29-1-203 C.R.S.
Article II Purpose
This intergovernmental agreement establishes a formal geospatial data asset
access arrangement whereby the OIT will receive geospatial data from Weld
County, for agency functions and serve as a clearinghouse of this data for other
state agencies. This agreement does not supersede existing agreements
between the parties unless stated otherwise stated herein.
Article III Parties to the Agreement
The following individuals shall represent their respective parties for the purposes
of managing disputes, exchange of data and other communications related to
this agreement:
• Governor's Office of Information Technology:
State GIS Coordinator/Enterprise GIS Services Manager
• Weld County:
GIS Coordinator
Article IV Rights and Obligations
Section 4.1 Governor's Office of Information Technology
Under this intergovernmental agreement, OIT has the following rights and
obligations:
1. OIT, and other state agencies, will be responsible for performing any
transformations or manipulations of the data provided by the County to
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make the data usable by OIT's or the state agency's geographic
information system.
2. The data being provided to OIT by the County is conditional to the
following limitation of liability:
Each party acknowledges and agrees that no warranty of any kind,
expressed or implied, including, but not limited to, warranties of
performance or merchantability or fitness for a particular purpose
and any and all warranties arising from a course of dealing or
usage of trade, are granted by or received by any other party under
this agreement. In no event shall any party be liable for any direct,
indirect, special, consequential, exemplary or incidental loss or
damages, even if said party has been advised of the possibility of
such damages.
3. OIT or state agency users of the data may not create digital derivative
products solely for external use or solely at the request of a third party.
OIT will notify the County of any requests received by OIT for digital
derivative products.
OIT agrees that should OIT create or distribute a derivative product,
it will take all reasonable steps necessary to protect the copyright,
patent, or other proprietary rights of the County. Nothing in this
agreement shall be deemed a waiver of immunities granted to OIT.
Nothing in these provisions shall be construed as an
acknowledgement or entitlement by a third party to request or
obtain custom-made products pursuant to the Colorado Open
Records Act (CRS article 72 of Title 24). All distribution remains
subject to the policies and Public Access Strategies identified
elsewhere herein.
4. Geospatial Data Distribution The distribution of the geospatial data by OIT
is subject to the following: Except as provided in paragraphs five and six,
the data supplied by the County shall not be assigned, licensed or
transferred to a successor, affiliate or any other person, firm, corporation,
or organization, either voluntarily, through business reorganization, by
operation of law, or in any other manner without the prior written consent
of the County. Any purported assignment without the written consent of
the County is null and void.
5. Data Distribution OIT agrees that the distribution of the geospatial data
provided under this Agreement is subject to the following:
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a. State of Colorado Entities OIT will require each state agency
interested in accessing the geospatial data assets provided
under this Agreement to sign an agreement and request for
access that specifies the conditions for their access to the data.
This request form is attached as Appendix A to this Agreement,
A list of each of the agencies that have signed this request will
be provided to the County by OIT.
b. Contractors, Partnerships & Quasi-Governmental Agencies
OIT will not release the geospatial data provided under this
Agreement to any Contractor, Partnership or Quasi-
Governmental Agency. All such requests for digital data will be
referred back to the County.
c. Colorado Open Records Act (CORA) OIT agrees that any and
all CORA requests that involve any digital derivative or portion
of the digital geospatial data provided herein will be
administered as follows:
i. OIT will notify the owner of the geospatial data asset
covered by this agreement of the CORA request. The
notification will be made as soon as the request is received
and will include the requestor's name, agency, and contact
information.
ii. OIT will not provide the digital data to the requestor and will
refer the requestor to the owner of the geospatial data asset
covered by this agreement, if the request is for digital
products exclusively delivered by this agreement.
iii. Any paper maps prepared by OIT that render geospatial
data from the County will include the appropriate copyright
language which will be provided by the County.
6. Administrative Reorganization. The geospatial data sets which are the
subject of this agreement may be transferred to another department,
institution or agency if the GIS functions of OIT are transferred pursuant to
law.
Section 4.2 Weld County
Under this intergovernmental agreement, Weld County has the right and
obligation to perform the following actions:
1. On or about the first day of each quarter (Jan. 1, April 1, July 1, & Oct. 1) of
each year for the duration of this agreement, the County will provide to OIT,
its geospatial data sets listed in Section 4.2(2) of this agreement via the
medium of its choice.
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2. Geospatial Data Assets to be delivered The County will provide the following
geospatial data assets under this agreement:
a. Parcel boundaries and associated attribute information to include, if
available:
i. Parcel ID number
ii. Parcel address
iii. Use type
iv. Land value
b. Address points
c. Roads
d. Special district boundaries
e. Municipal boundaries
f. Facilities to include:
i. Public safety facilities
ii. Health care facilities
iii. Education facilities
Article V General Terms and Conditions
Section 5.1 Term
This Agreement shall commence upon final execution and end five (5) years
thereafter unless sooner terminated or extended hereunder. This Agreement
shall remain in effect unless a Party terminates this Agreement by giving the
other Party ninety (90) days written notice. The provisions set forth in Articles IV
herein shall survive the termination of this Agreement. At the end of term,
continued use of the geospatial data assets described herein must be pursuant
to a new agreement between the parties.
Section 5.2 Law
Court Jurisdiction and venue shall be in the Colorado District Court for Weld
County, Colorado.
Section 5.3 Appropriation of Funds
Obligations under this Agreement are expressly subject to appropriation of funds
by the governing body of each Party for the continuation of those geospatial data
activities.
Section 5.4 Integration
This is a completely integrated Agreement and contains the entire agreement
between the Parties. Any prior written or oral agreements or representations
regarding this Agreement shall be of no effect and shall not be binding on the
Parties.
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Section 5.5 Headings
The headings of the several articles and sections of this Agreement are inserted
only as a matter of convenience and for reference and do not define or limit the
scope or intent of any provisions of this Agreement and shall not be construed to
affect in any manner the terms and provisions hereof or the interpretation or
construction thereof.
Section 5.6 No Third Party Beneficiary
It is expressly understood and agreed that enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the Parties hereto, and nothing
contained in this Agreement shall give or allow any such claim or right of action
by any other or third person or entity on this Agreement. It is the express
intention of the Parties hereto that any person or entity, other than the Parties of
the Agreement, receiving services or benefits under this Agreement shall be
deemed to be incidental beneficiaries only.
Section 5.7 Compensation
No Party to this Agreement shall be required to pay any compensation to any
other Party or the other Party's personnel for any services rendered hereunder.
Nothing in this agreement shall be construed to place the personnel of any Party
under the control or employment of another Party. Each Party remains
responsible for all pay, entitlement, employment decisions, and worker's
compensation liabilities, for its own personnel. Nothing in this agreement is
intended to create or grant to any third party or person any right or claim for
damages or the right to bring or maintain any action at law, nor does any Party
waive its immunities at law, including immunity granted under the Colorado
Governmental Immunity Act.
Section 5.8 Modification
This Agreement may only be amended in writing with the approval of the parties
under this Agreement.
Section 5.9 Counterparts
This Agreement may be executed in counterparts, each of which will be an
original, but all of which together shall constitute one and the same instrument.
Section 5.11 Termination
A withdrawing Party must provide at least ninety days written notice of intent to
terminate participation. Upon termination of this Agreement, OIT shall
immediately cease all use of the County's Data Sets, delete said Data Sets in its
entirety from any computer system and other electronic media on which it has
been installed, and return to the other Party all portions of the Data Set delivered
or disclosed to such party under, or in connection with this Agreement. DOLA
shall certify to the other parties that it has removed the geospatial data assets
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provided to it under this agreement. The right to use the geospatial data assets
granted herein shall terminate.
IN WITNESS WHEREOF,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD , STATE OF COLORADO
,----
JUN 2 1 Zoo
Dougla Rade her, Chair
Board of County Commissioners of the County of Weld
STATE OF COLORADO
GOVERNOR'S OFFICE OF INFORMATION TECHNOLOGY
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Jonathan Gottsegen , State GIS Coordinator
Governor's Office of Information Technology
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Appendix A
STATE OF COLORADO
GOVERNORS OFFICE OF INFORMATION TECHNOLOGY
1580 Loga n Street,Suite 200 ; `,,
Denver,Colorado 80203 •
Phone(303)866-6060 �
Fax(303)866-6454
www.colorado.gov/oit Bill Ritter,Jr.
Governor
Michael Locatis
State Chief Information Officer
This agreement specifies the conditions for use of the repository of local geospatial data hosted
by the state's data center. These conditions have been agreed to by OIT and the local data
providers to allow the state to use the local data and distribute it among state agencies and to
protect the interests of the local governments. Upon agreeing to these conditions, you will be
given access to the local data repository. If your handling of this data contradicts any of these
conditions,your access to the repository will be rescinded.
1. You arc a principal contact for your agency for the purpose of downloading the local
data. Personnel from your department should request local data through you. These users
must follow these conditions as well.
2. These data are for use by state agencies only. Specifically, you should not distribute the
data to staff beyond the specific requests of the data from within your own agency.
3. Local governments are concerned that the data used by the state and therefore decisions
made with these data represent the most current data available. When providing local data
to your GIS users,check the repository to check whether new data is available. The data
in this repository will be refreshed at least semi-annually.
4. Do not distribute this data to anyone outside of your agency. If you receive a request for
this data from a source external to state government, direct the requestor to Chris Brown
(Chris.k.browta,state.co.us), who will direct the request to the local government source.
5. Any maps made with these data should cite the local source of the data. The source and
any additional statements requested by the local sources will be specified in the metadata
file associated with the data.
6. Do not make any maps of the local data specifically on request by third parties.
7. To ensure that you have the most current data,delete the local data from your servers or
local storage 30 days after its last use or according to your department's records retention
policy.
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