HomeMy WebLinkAbout970626.tiffRESOLUTION
RE: APPROVE GEOGRAPHIC INFORMATION SYSTEM SECTION OF WELD COUNTY
ADMINISTRATIVE MANUAL; APPROVE FORM OF LICENSE AGREEMENT
CONCERNING GEOGRAPHIC INFORMATION SYSTEM PRODUCTS AND
SERVICES; AND APPOINT JUDITH BOECK AS GIS ADMINISTRATOR
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, Weld County is in the process of developing a Geographic Information
System (GIS) for the purpose of furnishing various county departments with improved tools for
mapping, analysis, and land management, and
WHEREAS, it has been recognized that the content, nature, and organization of GIS
data, being in electronic format, makes GIS data of significant value not only to the County, but
also to other public and private interests as well, and
WHEREAS, Section 24-72-203(4), CRS, as amended, authorizes the State of Colorado
and its political subdivisions to obtain and enforce trademark or copyright protection for any
public record, and
WHEREAS, Section 24-72-205(4), CRS, as amended, authorizes the State of Colorado
and its political subdivisions to recover the actual incremental costs of providing public records,
together with a reasonable portion of the costs associated with building and maintaining the
information system, and
WHEREAS, the Director of Finance and Administration has presented a License
Agreement concerning GIS Products and Services, marked as Exhibit "A" and attached hereto
by reference, the form of which is to be used for agreements with various individuals and
entities requesting GIS data, and
WHEREAS, the Director of Finance and Administration has also presented to the Board
the policies, rules and regulations relevant to the development and management of the GIS
system and the release of GIS data to the public, which he recommends for inclusion in the
Weld County Administrative Manual as the Geographic Information System Section, marked as
Exhibit "B" and attached hereto by reference, and
WHEREAS, the Board deems it advisable to adopt the GIS Section of the Weld County
Administrative Manual, adopt the form of the License Agreement, and appoint Judith Boeck,
SCT Corporation, to serve as GIS Administrator.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the GIS Section of the Weld County Administrative Manual
containing the policies, rules and regulations relevant to the development and management of
the GIS system and the release of GIS data to the public, be, and hereby is, adopted.
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970626
DP0006
RE: APPROVE GIS SECTION OF ADMINISTRATIVE MANUAL AND FORM OF LICENSE
AGREEMENT AND APPOINT GIS ADMINISTRATOR
PAGE 2
BE IT FURTHER RESOLVED by the Board that the form of the License Agreement be,
and hereby is, adopted.
BE IT FURTHER RESOLVED by the Board that Judith Boeck, SCT Corporation, be,
and hereby is, appointed GIS Administrator in accordance with said GIS Section of the Weld
County Administrative Manual.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of May, A.D., 1997.
ou y Att•rney
EXCUSED DATE OF SIGNING (AYE)
W. H. Webster
BOARD OF COUNTY COMMISSIONERS
WAR COUNT LOZ
George E. Baxter, Chair
Dale K. Hall
arbara J. Kirkmeyer
970626
DP0006
GEOGRAPHICAL INFORMATION SYSTEM
Table of Contents
Latest Revision Date: May 19, 1997
Page
MISSION STATEMENT 2
ROLES AND RESPONSIBILITIES 3
SPECIFIC DUTIES AND RESPONSIBILITIES:
Board of County Commissioners 5
Governance Committee 6
Users
Technical Users Group 9
GIS Division 10
GIS GOVERNANCE 14
GIS SYSTEM PRODUCTS AND SERVICES 23
1
GEOGRAPHICAL INFORMATION SYSTEM
DEPARTMENT MISSION
Latest Revision Date: May 19, 1997
The mission of the Weld County Geographical Information System (GIS) Division is to provide all county
departments and members of the public with the continued planning, development, operation, and
maintenance of GIS and related functions, as may be assigned by the county.
This mission is accomplished by playing a leadership role in county -wide strategic planning for GIS
systems, user community involvement, and innovative uses of technology in meeting the county's GIS
needs. The GIS Division works to expand and enhance the quality and quantity of its services, and plays
a key role in facilitating the county's utilization of GIS technology in order to improve its services to the
public at the lowest cost possible.
The GIS Division will fulfill this mission by organizing in the most effective manner, by staffing with the
highest quality professionals, by a continuing outreach program of working with and involving users, by
competent and visionary management, by the application of proven methodologies, and by a
comprehensive understanding of the latest GIS technologies and how they apply to local government
functions,
The GIS Division is guided and directed by the goals and objectives established by the Governance
Committee, the Weld County Director of Finance and Administration, and the Board of County
Commissioners. In addition, the GIS Division provides leadership in the critical review of plans and
progress, and the assessment of goals and objectives in the light of new GIS technology and the changing
needs of the county.
The GIS Division is a service department and must provide its services in the most effective manner
possible. The division's success is basically determined by the reactions of its users. The division solicits
the reactions, comments and suggestions of its users, and incorporates these, where possible, into its
service delivery.
The division is flexible in its organization and staffing in order to accommodate the changes that occur in
technology and in the requirements of county departments. This includes a regular review of organization,
positions and their descriptions, and the nature and types of services provided in order to be prepared to
meet these ever changing needs. This also includes a regular review of all policies and procedures to
ensure that these are supportive and responsive in providing the required services to meet the current
needs.
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GEOGRAPHICAL INFORMATION SYSTEM
ROLES AND RESPONSIBILITES
Latest Revision Date: May 19, 1997
BOARD OF COUNTY COMMISSIONERS: Provide overall direction to the the GIS Division function by
formally adopting and approving policies and guidelines for GIS functions.
THE GIS DIVISION GOVERNANCE COMMITTEE: The Weld County GIS Governance Committee was
established by the Board of County Commissioners and is advisory to them to recommend GIS policies
and procedures for the county. The committee's responsibilities are:
1. Recommend GIS Division policies and procedures.
2. Provide a forum for recommending priorities and service levels.
3. Serve as a communication link between the GIS Division and the user
community.
USERS: Responsibilities of the users:
1. Ensure that the GIS services requested by and provided to them are consistent with the
efficient and effective use of their resources.
2. Ensure that all members of their department adhere to all related Weld County GIS policies
and standards.
TECHNICAL USERS GROUP: This group is comprised of technical staff from GIS users and provides
"peer review" input for major technical projects that have county -wide impact. As with the GIS Govemance
Committee, the GIS Technical Users Group can form temporary technical committees to work on specific
technical problems in GIS implementation (e.g., establishing geodetic control for GIS), and to provide
technical input on projects being considered by the GIS Governance Committee. Technical Users Group
responsibilities are:
1. Address technical issues involved in GIS implementation projects and tasks.
2. Provide a general forum for technology transfer among the various departmental GIS users.
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GEOGRAPHICAL INFORMATION SYSTEM
ROLES AND RESPONSIBILITES
Latest Revision Date: May 19, 1997
SCT CORPORATION:
1. Via a facilities management contract, is responsible for providing or being involved in all
GIS activities in Weld County and for operation of the GIS Division.
2. In conjunction with the GIS Governance Committee, recommend priorities, coordinates the
allocation of resources, and coordinate county -wide GIS service activities in Weld County.
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GEOGRAPHICAL INFORMATION SYSTEM
SPECIFIC DUTIES AND RESPONSIBILITIES OF
BOARD OF COUNTY COMMISSIONERS
Latest Revision Date: May 19, 1997
Based upon recommendations from other participants in the GIS Division management, the Board of
County Commissioner's should:
1. Formally approve and adopt policies and guidelines for GIS services in
Weld County. The principal policy should be to develop and operate only
those GIS functions which satisfy county needs in an effective and efficient
manner.
2. Approve long- and short-range GIS plans and their implementation: The
long-range plan approved by the Board shall act as a master guide for
setting annual priorities.
3. Review and approve specific GIS Division proposals to meet the county's
GIS needs.
4. Approve policies and procedures for the effective utilization of GIS
resources by county departments.
5. Approve the funding of the GIS resources within the capacity of Weld
County.
6. The Board shall appoint, by resolution, the GIS Administrator.
7. The Board shall insure that the policies, design, implementation and operation of the GIS
are legally consistent and comply with the statutory mandates for all county departments
and offices.
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GEOGRAPHICAL INFORMATION SYSTEM
SPECIFIC DUTIES AND RESPONSIBILITIES OF
THE GOVERNANCE COMMITTEE
Latest Revision Date: May 19, 1997
The following specific duties will be assigned to the GIS Division Governance Committee.
1. Monitor the overall GIS function.
2. Review long- and short-range GIS plans and their implementation: The
long-range plan approved by the Board of County Commissioners shall act
as a master guide for setting annual priorities.
3. Review specific GIS Division proposals to meet the county's information
processing needs.
4. Identify and recommend the annual GIS priorities and related budgetary
impact. These priority and recommendations will become an integral part
of the budget process subject to adjustment during budget preparation and
adoption, and upon final budget approval, will be established as part of the
GIS Division's annual work program.
5. Monitor budget and time schedules.
6. Facilitate resolution of organizational conflicts arising from the impact of
new GIS implementation and other GIS system utilization issues.
7. Develop policies and procedures for the effective utilization of GIS
resources by county departments.
8. Recommend new procedures, policies, and processes necessary for the
operation of GIS in Weld County
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GEOGRAPHICAL INFORMATION SYSTEM
SPECIFIC DUTIES AND RESPONSIBILITIES OF USERS
Latest Revision Date: May 19, 1997
The specific duties and responsibilities of each user are to:
GENERAL RESPONSIBILITIES:
1. Designate a management level position to act as a GIS liaison who provides management
liaison among the user department, GIS Governance Committee, Technical Users Group,
and the management from the GIS Division.
2. Serve as the advocate for any service requested by the department.
3. Insure that all department personnel adhere to county policies and
procedures related to the GIS system.
EXISTING SYSTEM RESPONSIBILITIES:
4. Set priorities for user discretionary GIS system maintenance requests.
5. Identify the need for changes to, or replacement of, existing GIS functions
in conjunction with the GIS Division.
6. Insure that all GIS resources requested by and provided to them are
consistent with the efficient and effective use of their resources.
NEW SYSTEM DEVELOPMENT RESPONSIBILITIES:
7. Identify future system needs to the GIS Division and the governance
committee in a timely fashion.
8. As needs arise, propose new GIS functions and major enhancement
projects and provide justification for them to the Governance Committee
and Board of County Commissioners.
9. Provide the necessary user staffing for all new GIS development projects
performed by the GIS Division for the user department.
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GEOGRAPHICAL INFORMATION SYSTEM
SPECIFIC DUTIES AND RESPONSIBILITIES OF USERS
Latest Revision Date: May 19, 1997
10. Review and approve all preliminary and final GIS function definitions and
designs impacting the department.
11. Review and approve the acceptance tests of all new GIS functions for the
user department.
12. Maintain communication with the management of the GIS Division in new
function projects by attending regularly scheduled management review
meetings.
8
GEOGRAPHICAL INFORMATION SYSTEM
SPECIFIC DUTIES AND RESPONSIBILITIES OF
TECHNICAL USERS GROUP
Latest Revision Date: May 19, 1997
The following specific duties will be assigned to the GIS Technical Users Group:
1. Address technical issues involved in GIS implementation projects and tasks.
2. Provide a general forum for technology transfer among the various departmental GIS users.
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GEOGRAPHICAL INFORMATION SYSTEM
SPECIFIC DUTIES AND RESPONSIBILITIES OF
GIS DIVISION
VIA CONTRACT SERVICES OF SCT CORPORATION
Latest Revision Date: May 19, 1997
The GIS Division shall be operated via a contract with SCT Corporation (SCT). SCT shall hire and the
Board of County Commissioners shall appoint a GIS Administrator, who shall be responsible for the
management of the GIS Division. The Administrator shall ensure computer systems are properly planned,
developed, operated and maintained. The Administrator shall ensure proper compliance with all local,
State, and Federal regulations concerning the operation of such computer systems. The Administrator shall
ensure proper compliance with all the terms and conditions of Agreements and Memoranda of
Understanding. The Administrator shall perform all other duties in connection with the operation of the
Division, as may be required by the Site Manager of SCT or the Director of Finance and Administration.
The following specific duties will be assigned to the GIS Division:
Consultation Responsibilities:
1. Serve as a technical resource to the Board of County Commissioners,
governance committee, technical users group, all departments, and
appropriate public entities on matters pertaining to GIS management.
2. Participate, with technical expertise, in determining whether the county's
best interests are served by specific GIS functions.
Advisory Responsibilities:
3. Keep the governance committee and appropriate departments and public
entities continuously advised concerning the status of the design and
operation of GIS functions which affect them.
4. Participate on committees relating to GIS in Weld County.
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GEOGRAPHICAL INFORMATION SYSTEM
SPECIFIC DUTIES AND RESPONSIBILITIES OF
GIS DIVISION
VIA CONTRACT SERVICES OF SCT CORPORATION
Latest Revision Date: May 19, 1997
Direct Action Responsibilities:
5. Represent Weld County to vendors of related GIS computer and data
communications equipment, systems, and services.
6. Provide for the acquisition and administration of personnel, hardware,
software, contracts, grants, and related services necessary to support the
GIS requirements of any user or Weld County in general.
7. Inform users in advance, and consider their assessments of proposed
major changes to hardware, software, and related resources which may
affect their GIS functions.
8. Take action to ensure the efficient use of any GIS hardware, software, staff,
and related resources.
9. In conjunction with the Director of Finance and Administration and
Governance Committee, provide the management control necessary to
guarantee the most effective use of GIS resources in Weld County.
10. Establish and enforce county -wide standards and procedures and
necessary security measures for GIS functions.
11. Provide for project management of GIS computer application development
activities for departments and agencies within Weld County.
12. Design, develop or requisition same, for all GIS functions and
enhancements to existing systems.
13. Maintain and modify GIS functions as necessary.
14. Provide for continued operation GIS functions.
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ADMINISTRATIVE MANUAL
GEOGRAPHICAL INFORMATION SYSTEM
SPECIFIC DUTIES AND RESPONSIBILITIES OF
GIS DIVISION
VIA CONTRACT SERVICES OF SCT CORPORATION
Latest Revision Date: May 19, 1997
15. Prepare project packages in response to requests from users for new GIS
development projects and feasibility studies for review during the budget
and annual work plan process.
16. Identify opportunities for GIS functions in conjunction with users.
17. Apply a county -wide perspective to the GIS function planning.
18. Identify and coordinate GIS proposals that affect more than one department
or system area.
19. Coordinate with the user to determine the priorities of approved GIS
projects.
20. Review user requests for development of new GIS systems and major
enhancements.
21. Control and coordinate the funding to GIS development projects.
22. Provide a centralized clearing house for all GIS computer hardware,
software, service acquisition, and purchases.
23. Maintain an inventory of all GIS computer hardware and software.
24. Establish and enforce county -wide standards and procedures and
necessary security measures with GIS.
25. Insure that any GIS solution not only meets the user's requirements but
also adheres to the overall county GIS strategy.
26. Develop and maintain assessment guidelines for use in related GIS product
selection.
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WELD COUNTY
ADMINISTRATIVE MANUAL
GEOGRAPHICAL INFORMATION SYSTEM
SPECIFIC DUTIES AND RESPONSIBILITIES OF
GIS DIVISION
VIA CONTRACT SERVICES OF SCT CORPORATION
Latest Revision Date: May 19, 1997
27. Facilitate county -wide sharing of related GIS data.
28. Coordinate all training efforts for all county user's associated with GIS.
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WELD COUNTY
ADMINISTRATIVE MANUAL
GEOGRAPHICAL INFORMATION SYSTEM
GIS GOVERNANCE
Latest Revision Date: May 19, 1997
The Weld County GIS Division has the need for continuing guidance on service policies and development
plans from a body which clearly represents the elected and appointed officials of the county. "Governance"
is the process of securing user input on such issues as department direction, establishing priorities,
reviewing technical decisions, and providing effective user communication in systems development and
daily operations. The governance process is meant to involve those persons, organizations and interests
served by the GIS resource in meaningful and significant participation.
The functions of the GIS Division are unique when weighed against those of most agencies within Weld
County. The GIS Division provides services to many elements of the jurisdiction within which it operates.
Because it is service -oriented, this organization must receive continual feedback from the user community
concerning direction and performance.
Because of its technical nature, the GIS Division requires unique control methods that would normally not
be applied to any other county function. These controls must ensure that the best interests of the entire
county are served and, at the same time, ensure that the services offered to users are relevant and cost
effective. This form of control is best applied through the use of a GIS governance structure.
Proper control of the GIS Division function requires two separate governance levels. On one level, the GIS
Governance Committee is responsible for general control of the continuing operation of the GIS function.
The second level consists of specific functional subcommittees (Finance and Administration, Criminal
Justice, Human Services, Assessor, Planning, Public Works and Clerk and Recorder) responsible for
monitoring activities within their unique areas. The functional subcommittees and their respective
departments for Weld County are shown in Attachment 1.
The GIS Governance Committee:
The GIS Governance Committee is responsible to the Board of County Commissioners, but possesses
some specific powers. The committee ads in a top level policy advisory capacity to the Board of County
Commissioners, and is responsible for the execution of GIS resource policies. To do so, the committee
must first develop a strategic vision of the direction in which the development of county GIS resources is
headed. Having formulated an overall picture, the committee must then translate the elements of their
vision into specific activities, executable by means of a clearly delineated operational process. This
process specifies the roles and functions of the committee itself, of the GIS Division, and of involved
departments and any other appropriately concerned county agency.
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WELD COUNTY
ADMINISTRATIVE MANUAL
GEOGRAPHICAL INFORMATION SYSTEM
GIS GOVERNANCE
Latest Revision Date: May 19, 1997
Among the other responsibilities of the committee are to recommend the GIS policies and procedures, and
to review and approve those procedures when drafted. The committee is the focal point for the
prioritization process, both of the activities recommended by the planning process and those that will arise
in other contexts. In addition, the committee addresses the allocation of resources within the GIS Division,
serving as a vehicle for resolving conflicts arising from competition for those resources and from the
overlapping impact of new GIS requirements.
Purpose and Structure:
1. The Weld County GIS Governance Committee is established by the Board of County
Commissioners to recommend GIS policies and procedures for the county. The
committee's responsibilities include:
A. Establishing GIS policies and procedures.
B. Providing a forum for recommending priorities and service levels.
C. Serving as a communication link between the GIS Division and the user community.
2. As a group, the Governance Committee acts in an advisory capacity to the Board of County
Commissioners and performs monitoring functions on behalf of the board and user
departments. The committee members are jointly responsible for the effective use of GIS
resources.
3. In order to ensure the unique controls required by GIS activities, the Governance
Committee functions at two separate levels. First, the committee operates as a whole to
provide overall county monitoring of the continuing development and operation of GIS
resources. Second, each member elected official/department head represents a specific
functional subcommittee which is responsible for monitoring activities within their specific
areas.
Role:
The role of the GIS Governance Committee includes the following:
1. Monitor the overall GIS functions.
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WELD COUNTY
ADMINISTRATIVE MANUAL
GEOGRAPHICAL INFORMATION SYSTEM
GIS GOVERNANCE
Latest Revision Date: May 19, 1997
2. Review long- and short-range GIS plans and implementation: The long-range plan
accepted by the committee shall act as a master guide for setting annual priorities.
3. Review specific GIS Division proposals to meet the county's GIS needs.
Identify and recommend the annual GIS priorities and related budgetary impact. These
priority recommendations will become an integral part of the budget process subject to
adjustment during budget preparation/adoption, and upon final budget approval, will be
established as part of the GIS Division's annual work program.
5. Monitor budget and time schedules.
6. Resolve GIS related conflicts arising from the impact of GIS issues.
7. Develop policies and procedures for the effective utilization of GIS resources by county
departments.
8. Recommend new procedures, policies, and processes necessary for the operation
of GIS in Weld County.
Membership:
1. The Governance Committee is comprised of seven (7) voting members and two (2) ex -
officio members. The voting members include an elected official/department head (either
appointed or elected) from each of the functional subcommittees in the county: Criminal
Justice, Human Services, Finance and Administration, Planning, Assessor, Public Works
and Clerk and Recorder. The ex -officio members are the SCT Information Services
Executive Director and GIS Administrator. The Chairperson shall be the Director of Finance
and Administration.
2. The responsibilities of the Chairperson are to:
A. Execute committee decisions.
B. Preside at and call to order committee meetings.
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GEOGRAPHICAL INFORMATION SYSTEM
GIS GOVERNANCE
Latest Revision Date: May 19, 1997
C. Enforce committee rules.
D. Initiate and stimulate discussions of Governance Committee issues.
E. Adjourn meetings and establish future meeting times.
F. Notify members of the committee calendar.
G. Distribute minutes and background information.
H. Ensure minutes are taken at each meeting.
Transmit GIS Governance Committee's recommendations to the Board of
County Commissioners.
In the absence of the Chairperson, he appoints a temporary Chairperson.
Voting:
1. A simple majority of voting members of the Governance Committee is considered to be a
quorum. In the absence of a voting member, his designee is entitled to vote. Each
member, or his designee, present and voting has one vote.
2. An open invitation to attend all meetings is made to all elected officials/department heads.
An exchange of ideas and information may take place among everyone present, but
decisions and recommendations may be determined by a simple majority of members
serving and voting.
Meetings:
1. The Governance Committee meets on a monthly basis, or as necessary, at a time and
location as determined by the members.
2. The GIS Division submits to the Governance Committee for its approval the procedures to
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WELD COUNTY
ADMINISTRATIVE MANUAL
GEOGRAPHICAL INFORMATION SYSTEM
GIS GOVERNANCE
Latest Revision Date: May 19, 1997
be followed by the department's staff, the functional subcommittees and the Governance
Committee for the development of the long-range strategic plan.
3. The GIS Division provides a monthly status report to the committee members, The GIS
Administrator also prepares a draft agenda prior to each meeting which is reviewed by the
Chairperson, finalized and distributed before each meeting.
4. Reports prepared for submission to the Board of Commissioners will bear the signature of
the Governance Committee Chairperson.
Functional Subcommittees:
So that every department has a voice in GIS decision making, each elected official/department head (or
his/her designee) shall meet periodically with the other members of that functional subcommittee to discuss
issues of common concern. On an annual basis, they will compile a list of their GIS Division priorities for
the following fiscal year. The group's primary goal will be to achieve an interdepartmental consensus of
those priorities. The person representing the group on the Governance Committee will present the
priorities to the committee, which will then merge them, along with those submitted by the other functional
groups, into a comprehensive list for consideration during the budget process.
Among the specific factors to be considered by the functional subcommittees are the time frames in which
specific projects or other activities can be carried out, the cost considerations involved, the staffing
requirements, and the subsequent maintenance activities. In addition, these subcommittees serve as
reporting vehicles from the departments within their respective functional area, channeling that information
up to the Governance Committee and funneling information from the committee back to the departments.
Purpose and Structure:
1. The functional subcommittees are established to support the functions and activities of the
Governance Committee and to ensure that every department has a voice in GIS services
decision making.
2. The functional subcommittees meet periodically to discuss issues of common concern and,
on an annual basis, address the issues of priorities based on the goals and objectives of
the county regarding GIS services.
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GEOGRAPHICAL INFORMATION SYSTEM
GIS GOVERNANCE
Latest Revision Date: May 19, 1997
3. The responsibilities of the functional subcommittees are to:
Identify GIS needs with each member department and prioritize those needs to
develop and update the long-range strategic plan.
B. Recommend appropriate actions to the Governance Committee concerning GIS
system development and maintenance.
Ensure that resources necessary for the successful implementation of GIS functions
are made available by user departments.
D. Resolve conflicts among user departments relevant to implementation of GIS
functions.
E. Ensure that user department systems design decisions are made in accordance
with annual GIS work programs and approved project schedules.
F. Interact with GIS Division management regarding operational concerns such as
production schedules and GIS procedures.
G. Provide regular progress reports to the Governance Committee regarding system
implementation and other projects.
H. Maximize coordination of GIS applications and systems among user departments.
Appointment of Representative:
Annually the functional subcommittees shall meet and appoint a department head/elected official from the
subcommittee to serve as the subcommittee's representative on the GIS Governance Committee.
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GEOGRAPHICAL INFORMATION SYSTEM
ATTACHMENT
FUNCTIONAL SUBCOMMITTEES
Latest Revision Date: May 19, 1997
FINANCE AND ADMINISTRATION:
Accounting
General Services
Board of County Commissioners
Clerk to the Board
County Attorney
Finance
Personnel
CRIMINAL JUSTICE:
District Attorney
Office of Emergency Management
Sheriff
Communications
Coroner
HUMAN SERVICES:
Health
Human Resources
Social Services
Extension
Ambulance Service
Housing Authority
ASSESSOR:
Assessor
Treasurer
CLERK AND RECORDER:
Motor Vehicle
Recording
Elections
PUBLIC WORKS:
Road and Bridge
Engineering
PLANNING:
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Planning and Zoning
Building Inspection
GEOGRAPHICAL INFORMATION SYSTEM
GIS TECHNICAL USERS GROUP
Latest Revision Date: May 19, 1997
The group is comprised of technical staff from GIS user groups, and will provide "peer review" input for
major technical projects that have county -wide impact. As with the GIS Governance Committee, the GIS
Technical User Group will form temporary technical committees to work on specific technical problems in
GIS implementation (e.g., establishing geodetic control for GIS), and to provide technical input on projects
being considered by the GIS Governance Committee.
The group's responsibilities are to:
1. Address technical issues involved in GIS implementation projects and tasks.
2. Provide a general forum for technology transfer among the various departmental GIS users.
Structure:
The group shall act in an advisory capacity to the Governance Committee and GIS Division.
Membership:
1. All GIS users within the county structure shall be represented, as well as outside users from
other entities and representatives of private sector users or other parties of interest, e.g.,
Realtors, surveyors, who are invited to participate by the county representatives and/or the
Governance Committee to insure balance of views.
2. The GIS Administrator shall chair the meetings.
3. The responsibilities of the Chairperson (GIS Administrator) are to:
A. Forward committee decisions to the GIS Governance Committee for action.
B. Preside at and call to order committee meetings.
C. Enforce committee rules.
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GIS TECHNICAL USERS GROUP
Latest Revision Date: May 19, 1997
D. Initiate and stimulate discussions of user group issues.
E. Adjourn meetings and establish future meeting times.
F. Notify members of the committee calendar.
G. Distribute minutes and background information.
H. Ensure minutes are taken at each meeting.
In the absence of the Chairperson, he/she appoints a temporary Chairperson.
Voting:
The users group shall attempt to operate by consensus. In the event that a consensus is not reached on
a specific issue, the Chairperson will provide a majority and minority report to the GIS Governance
Committee indicating the respective positions on the issue and which positions are supported by which
users.
Meetings:
1. The Technical Users Group meets on a monthly basis, or as necessary, at a time and
location as determined by the members.
2. The GIS Division provides a monthly status report to the group members. The GIS
Administrator also prepares an agenda prior to each meeting which is distributed before
each meeting.
3 Reports prepared for submission to the GIS Governance Committee will bear the signature
of the Chairperson.
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GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
General Definitions:
Unless the context specifically indicates otherwise, the following general terms, as used in this Chapter,
shall have the meanings designated below:
APPLICANT means any person who submits a request for System products or services.
CUSTODIAN means any Weld County appointed or elected official, department head, or department
manager charged by State statute or county resolution with the creation, preparation, or
maintenance of any record, map, writing, or data that is maintained, wholly or in part, in a computer
information system.
CUSTOMER means any applicant who executes a contract for GIS products or services, purchases copies
of standard system products, custom hard copy system products, digital data, technical assistance
or other products and services.
ADMINISTRATOR means the Administrator of the GIS Division (which is responsible for the continued
planning, development, operation, and maintenance of the GIS) or the designated representative
of the Administrator. Administrator shall be appointed by resolution of the Board of County
Commissioners.
GEOGRAPHICAL INFORMATION SYSTEM (GIS) means data regarding the location and attributes of
property, and infrastructure stored and maintained as part of a computer information system.
OPEN RECORDS means standard system products as defined herein and non -digital source documents.
OTHER COUNTY AGENCIES, DEPARTMENTS AND APPOINTED AND ELECTED OFFICES means all
agencies, offices and departments of Weld County, other than the GIS Division.
PARTICIPANT means other county agencies, departments and appointed and elected offices to whom the
Administrator provides products and services and/or delegates responsibility for the operation and
maintenance of component parts of the system.
SUBSCRIBER means customers who purchase regular, on -going system service.
23
GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
SYSTEM means the Geographical Information System (GIS) and such other systems as may from time
to time be designated by the Administrator.
Unless the context specifically indicates otherwise, the following technical terms, as used in this section,
shall have the meanings hereinafter designated.
ATTRIBUTE means a characteristic of a feature.
COMPUTER HARDWARE means all file servers, workstations, disk drives, plotters, screen copiers, line
printers, display devices, communication devices, and other miscellaneous hardware.
FEATURE means the representation of a physical object within the system.
GIS BASE MAP means hard copy and/or digital mapping containing graphical representations of survey
controls, cadastral and planimetric features and attribute data.
STANDARD SYSTEM PRODUCTS means paper products generated from the system for internal use and
for the purpose of meeting requests submitted under Colorado's Open Records Act for copies of
system records.
Adoption of Rules And Regulations:
Rules and regulations adopted by the Board of County Commissioners, pursuant to this section, shall
pertain to but not be limited to, the planning, development, operation and maintenance of the system.
SYSTEM FINANCING:
Funding: The responsibility for annually funding the continued development, operations and maintenance
of the system shall be borne by the GIS Division, in conjunction with the Director of Finance and
Administration. Fees charged for GIS products and services will recover full, actual costs. These costs
include a contribution to information technology renewal and replacement. Revenues derived from system
subscribers, customers, and other participants shall be deposited to a General Fund revenue account.
PRODUCTS AND SERVICES:
24
WELD COUNTY
ADMINISTRATIVE MANUAL
GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
Type of Service: Customers and other county agencies, departments and appointed and elected offices
may obtain copies of standard system products; custom hard copy system products; digital data; regular,
on -going system services; and technical assistance necessary to access the system and its products and
services, under the terms and conditions provided in this section or from any participating Custodians.
Application for GIS Division Services: Customers or other county agencies, departments, and appointed
and elected offices shall make application to the Administrator for such products and services on a form
provided by the Administrator.
Conveyance of Service: Non -County applicants requesting custom hard copy system products and/or
regular on -going system services and technical assistance shall be required to execute a contract. Digital
data is not to be sold and is to be provided to customers by lease agreement. All rights to digital data are
hereby reserved by Weld County.
Priority of Service: The providing of products and services other than standard system products is
discretionary and cannot take priority over the GIS Division's primary responsibilities associated with the
on -going support of the County.
Priority Products and Services:
1. Available open record, hard copy maps and/or report products for all customers and county
agencies, departments and appointed and elected offices.
2. Available digital data for county agencies, departments and appointed and elected offices.
3. Available digital data for other governmental and quasi -governmental entities and the
general public.
4. Available digital data for the private sector and non-profit organizations.
5. Available standard hard copy maps and/or report products.
6. Custom products and services for county agencies, departments and appointed and elected
offices.
7. Custom products and services for other governmental and quasi -governmental entities and
25
GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
the general public.
8. Custom products and services for private sector and non-profit organizations.
Service Products and Services:
Products and services include all standard system (e.g. Colorado Open Records Act
products), standard, and custom products (e.g. maps, reports and analytical products)
generated from system data; non -digital source documents such as aerial photography;
regular, on -going system services including but not limited to licensing and/or subscription
to open record products, standard products, custom products and services, digital data and
conversion services; and technical assistance.
2. The following identify the products and services that are proposed for availability to the
public as the GIS system is developed
A. SUBSCRIPTION SERVICES will be made available for GIS products. The decision
to provide such subscription services is solely at the discretion of the county. Such
service is not required to be provided under the Colorado Open Records Act.
B. ARC MACRO LANGUAGE (AML) PROGRAMS, menus, computer programs, forms,
and written procedures developed for the administration of the system may be
made available to customers and other county agencies, departments and
appointed and elected offices. No maintenance of the AMLS, etc. is planned to be
furnished by the county. Such AMLS, etc. are to be furnished as is, and the
decision to release such products is solely at the discretion of the county. Such
products are available to customers by license agreement and to other county
agencies, departments and appointed and elected offices. It is not intended that
custom AML programs, etc. required for the sole use of the customer will be
developed by the Weld County GIS Department.
C. DIGITAL DATA in the form of graphics, annotation and attributes to graphics are
available to individuals and other county agencies, departments, and appointed and
elected offices. The decision to release such data is solely at the discretion of the
26
GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
Weld County GIS department. Digital data is available to customers by license
agreement and to other county agencies, departments and appointed and elected
offices.
3. Complete system data shall be made available only after the conversion and verification of
each such type of data has been completed. Because a partial offering of system data is
being made before the complete conversion and verification of all system data, the county
reserves the right at a later date to withdraw the preliminary offering.
4. Access to digital data shall be provided by a non-transferrable, non-exclusive license only,
and access shall be authorized for internal use of the licensee only.
COSTS AND CHARGES:
Rates and Charges for Copies of Standard Products:
1 A fee shall be collected from customers for copies they are furnished of routinely developed
standard system products. The fee shall be the amount the Board of County
Commissioners has approved for each standard product.
Rates and Charges for Custom Products, Regular, On -Going System Services, and Technical
Assistance:
1. A fee shall be collected from customers for custom products; regular on -going system
services; digital data; and technical assistance furnished. A fee may be collected from
participants for access to GIS digital base maps, but this fee shall not include an amount
for recovering the cost of developing GIS base maps.
2. The computation of the charge for customers shall be based on the resources which the
Administrator has determined are required to comply with the applicant's request and the
approved Board of County Commissioners resource rates.
3. The rates to be charged for GIS products, subscription services, AML programs, and digital
data are set forth in the Products and Rate Schedule which is attached to and is part of
these Policies and Procedures.
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GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
4. The amounts to be charged for all custom products and special services (those not covered
by an established rate), which the Weld County GIS Division elects solely at its own
discretion to furnish, shall be computed using the resource rates also set forth in the
Products and Services Rate Schedule, plus a pro -rated share of the charge for digital data
being utilized.
5. All charges are due and payable and shall be collected at the time the order for products
and services is taken, except as otherwise might be established by contract or license
agreement. Payment shall include appropriate sales tax amounts.
6. Payment shall be in United States (U.S.) dollars. There are no refunds or returns.
7. If at all possible, shipping of products is to be arranged and paid for by the customer.
Where GIS arranges shipment, the customer's payment shall include the appropriate
handling and shipping charge.
8. Fee schedules are to be made available to the public at the following locations:
County Assessor
County Clerk and Recorder
County Treasurer
Health Department
Department of Planning Services
Geographic Information Systems/SCT
Clerk to the Board
Department of Public Works
Waiving of Charges:
For good cause, and with the approval of the appropriate Participant, the Director of Finance and
Administration, the Administrator may, in certain circumstances, waive the charges for other public entities
for system products and services, custom products, regular, on -going system services, and technical
assistance. Such charges may be reduced or waived when it is in the best interest of the County as
determined by the Administrator.
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GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
Review of Rates:
1. The Administrator, with concurrence of the Director of Finance and Administration, shall be
responsible for proposing to the Board of County Commission system rates and changes
thereto. Resource rates shall be established for different categories of staff, equipment,
communications, computer programs, materials and/or supplies. Photo -copy rates shall
be established for copies of standard products.
2. Copy rates and resource rates may include amounts for recovering the cost incurred in
planning and developing the system; the cost of maintaining and enhancing the system; the
cost of servicing the applicant and for administrative overhead.
3. On an as needed basis, the Administrator and Director of Finance and Administration shall
complete a review of those costs having a bearing on resource rates and on copy rates and
recommend to the Board of County Commissioners adjustments thereto.
Approval of Rates:
By resolution, the Board of County Commissioners shall establish System rates and charges thereto.
GENERAL PROVISIONS:
Violations Charges:
Any customer who violates any contract or license which has been executed as permitted herein, shall be
subject to the penalties as set forth in said contract or license.
Systems Completeness and Accuracy:
System data and information is developed solely for county internal use only. There are no warranties nor
guarantees, either expressed or implied, as to the completeness, accuracy or correctness of any system
data, information or products that may be made available to the public or other county agencies,
departments and appointed and elected offices. There are no warranties, either expressed or implied, of
merchantability or fitness of such data, information or products for a particular purpose or intended use by
the public or other county agencies, departments and appointed and elected offices. Access to data
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GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
categories and derivative products is to be given only after the Administrator has determined that such
categories of data (e.g. survey controls, planimetric mapping, cadastral mapping, etc.) have been
reasonably completed and verified.
Proprietary Rights:
The System constitutes proprietary information and/or trade secrets of Weld County,
whether or not any portion thereof is or may be validly patented or copyright registered.
2. No user shall reproduce by print, magnetic, electronic, optical or any other means any
portion of the System or its components. No user shall have the right to license, sub-
license, assign, sell, copy or otherwise make available to other customers part or all of the
system data without the express prior written permission of the Administrator.
3. The use of all non-standard products and services shall be restricted to the purpose for
which the Administrator agrees to produce and/or deliver such products and services. This
shall be stated in the contract or lease agreement (for customers) and in the custodian's
memorandum of understanding (for participants).
Exclusion of County from Liability:
1. Nothing in this Chapter shall be construed to create or impose any duty upon the GIS
Division or Weld County to plan, develop, implement, operate, maintain or manage the
system.
2. The county shall not be liable to any party for failure to plan, develop, implement, operate,
maintain or manage the system, nor shall the County be liable where such failure is caused
by or results from a strike, an act of God, an unavoidable accident or other contingency
beyond the control of the county.
3, The county is not responsible for damages or losses, including without limitation, incidental,
consequential or special damages, arising out of the use of or reliance upon any data,
information or products that may be furnished any customer. By receiving products or
services from the department, each customer or other county Agency, departments and
appointed and elected office agrees that the system information or data provided shall be
used and relied upon only at the risk of the user. Each customer shall agree to indemnify
30
WELD COUNTY
ADMINISTRATIVE MANUAL
GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
and hold harmless Weld County, its officials, officers, employees and servants from any
liability, claims, loss, damages, injury, costs, and attorneys fees arising out of procuring,
using, relying upon, compiling, collecting, interpreting, producing or communicating such
data, information or products.
COMPLIANCE WITH COLORADO'S OPEN RECORDS ACT:
Access to Public Records:
1. Customers requesting to inspect system data shall file a written application describing the
records requested to be inspected on a form prescribed by the Administrator. Staff shall
assist, on request of the applicant, in completing the form. The applicant shall sign and
date the form.
2. All such public records (open record products) shall be open for inspection by any customer
at reasonable times. If it is determined that the records are not available for inspection, the
applicant shall be so advised, in writing, if requested by the applicant.
3. System data shall be furnished in the form of standard system products and non -digital
source documents.
Copies of Public Records:
1. The applicant shall have the right to obtain copies of such records. The Administrator may
establish reasonable procedures for scheduling, making and delivering copies of such
records.
2. No customer shall remove original copies of public records from the offices of the
Administrator or the offices of other GIS participants.
3. Copies of public records shall be furnished in paper form.
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GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
Request for Products & Services Not Required by Colorado's Open Records Act:
1. The providing of products and services, not required by Colorado's Open Records Act is
at the sole discretion of the county.
2. Customers requesting such products and services shall file with the GIS Division an
application describing the products/services requested on a form prescribed by the
Administrator. Further, such customers shall execute an agreement, in a form prescribed
by the county, indicating that in accepting such products/services, they acknowledge the
limitations of, and restrictions on, use of such products/services.
3. The length of time for developing and delivering such products and services to the customer
shall be established by the parties at the time the application is accepted.
Product Protection:
It is planned that system data will constantly be in the process of being added to or changed. In order to
protect the citizens' investment, minimize county liability and best ensure that customers are always using
the most current system data, it is prudent that: 1) All system products will be copyrighted, thereby
reserving all rights to such products for the county; 2) products will be made available to customers via
subscription services; and 3) products and services will be released by a formal written agreement only.
All products are protected by the copyright laws of the United States, with all rights to the products being
reserved by the county. Copyrighting System products makes it illegal for the purchaser or holder of such
products to reproduce, prepare derivative products, distribute or display such system products without the
specific written approval of the county.
The use of non-standard products that the county provides requires customers° use be restricted to the
purpose for which such products are provided.
Subscription service is intended to provide subscribers with all copies of a product or products and with
updates to the product family to which they subscribe.
The GIS incorporates data from many sources including proprietary data leased or licensed from third
parties. The county shall honor such lease and license agreements together with all copyrights and
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GEOGRAPHICAL INFORMATION SYSTEM
GIS SYSTEM PRODUCTS AND SERVICES
Latest Revision Date: May 19, 1997
trademarks applied to such data. The county shall not release such proprietary data to the public except
as provided by such lease and license agreements.
Except for data sets licensed from third parties, the county may license GIS data in electronic format to
other governmental and quasi -governmental entities, public, non-profit, journalistic or academic agencies
via license agreement stating the name of the agency that will use the data, the use to be made of the
data, the time period during which the license is effective, and disclaiming any and all liability to the County
by the users of the data.
Such license agreements will be of a form approved by the County Attorney. See Exhibit "A" to the Weld
County resolution concerning the GIS products and services.
The county may charge a reasonable fee, in addition to other fees, for the release of such data as provided
in Section 24-72-205(4), CRS, as amended.
Posting of Rules and Regulations:
The Administrator shall post, in a conspicuous location accessible to the public, a copy of these Policies
and Procedures. Further, a copy of such Policies and Procedures shall be filed with the Weld County Clerk
to the Board and be incorporated into the Administrative Manual.
Acquisition of Hardware, Software and Services:
All requests by user departments and the GIS Division for the acquisition of GIS hardware, software, and
services will conform with the county purchasing procedures, as well as county computer use and
acquisition policies and procedures.
33
EXHIBIT A
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made this 1997,
is entered into by and between the COUNTY OF WELD, STATE OF COLORADO, a body
politic and corporate (the "County"), and
(the "Licensee"), with offices for transaction of business located at
WITNESSETH:
WHEREAS, the Licensee has requested from Weld County a license to use the
; and
WHEREAS, the County is willing to grant said license to Licensee subject to the
limitations and provisions set forth in this agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein,
the parties hereby agree as follows:
ARTICLE I
SCOPE OF AGREEMENT
A. In consideration of Licensee's payment of the sum set forth in Article III, the County
hereby grants the Licensee a personal, non-exclusive, non -assignable and
non -transferable license for the term of this agreement to use the
owned by Weld County (the;"Product") for
internal use only by the Licensee and the Licensees, contractors for the sole purpose of
and as restricted by this agreement in
Article IV.
B. This Agreement does not constitute a sale of any title or interest in the Product. Title to
the Product is not transferred to Licensee. Ownership of the Product and of any
authorized copies made by Licensee is vested in the County, subject to the rights
granted to Licensee in this agreement. The County reserves all rights not expressly
granted to the Licensee by this agreement.
The Licensee understands this is a one-time delivery and that the County has no
responsibility for updating the Product or information contained therein. County shall
have no obligation or responsibility to provide maintenance, support or training to
Licensee.
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D. No part of the Product may be copied, reproduced or transmitted in any form or by any
means whatsoever, including but not limited to, electronic, mechanical, photocopying,
recording, scanning, or by any information or retrieval system for any non -approved
purpose without the express written permission of the County. The Licensee shall not
license, sub -license, assign, lease, release, publish, transfer, sell, permit access to,
distribute, allow interactive rights to, or otherwise make available the Product or any
portion thereof in any form or media now known or hereinafter created to a third party
without the express written permission of the County. Licensee agrees to notify its
employees, agents, and any contractors of the restrictions contained in this Agreement
and ensure their compliance with such restrictions.
E. The Licensee agrees to recognize and honor in perpetuity the copyrights, and other
proprietary claims for survey control information, databases, collateral information, and
products established or produced by the County or the vendors furnishing said items to
the County.
ARTICLE II
PERIOD OF AGREEMENT
A. This agreement shall commence upon payment in full to the County of the sum set forth
in Article III by certified check to "Weld County" and upon the Licensee's receipt of the
Product from the Weld County Geographic Information Systems Division ("GIS"). The
agreement shall remain in force for a term of from the date Licensee
receives the Product from GIS.
B. The Licensee is only granted the right to use the Product during the License Period.
This agreement shall automatically terminate upon the expiration of the term.
C. The provisions of this agreement regarding confidentiality and restrictions (Article I,
Paragraph D) and the provisions of Articles IV, V, and VI shall survive termination of this
agreement for any reason.
ARTICLE III
AGREEMENT SUM
The Licensee shall pay to the County
by certified check upon execution of this agreement by Licensee and prior to receipt of the
Product. Payment shall be made in full without deduction for any sales, use or other taxes or
similar charges, which shall be paid exclusively by Licensee.
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ARTICLE IV
NO WARRANTIES
The Product has been developed solely for internal use only by the County. Licensee
expressly agrees that use of the Product is at Licensee's sole risk. 'The Licensee understands
and acknowledges that GIS database and data in the Product is subject to constant change and
that its accuracy and completeness cannot be and is not guaranteed. UNDER NO
CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. THE
PRODUCT IS DISTRIBUTED ON AN "AS IS" BASIS. THE COUNTY MAKES NO
WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, AS TO THE
COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS
ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING
INFORMATION CONTAINED THEREIN. THERE ARE NO WARRANTIES, EITHER
EXPRESSED OR IMPLIED, OF TITLE OR MERCHANTABILITY OR FITNESS OF SUCH
PRODUCT FOR A PARTICULAR PURPOSE.
THE COUNTY IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES
WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF USE OF THE
PRODUCT OR INABILITY TO USE THE PRODUCT OR OUT OF ANY BREACH OF ANY
WARRANTY. THE LICENSEE AGREES THAT THE PRODUCT SHALL BE USED AND
RELIED UPON ONLY AT THE RISK OF THE LICENSEE.
ARTICLE V
LIABILITIES
A. THE LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE COUNTY ITS
OFFICIALS, OFFICERS, EMPLOYEES AND SERVANTS FROM ANY LIABILITY,
CLAIMS, LOSS, DAMAGES, INJURY, COSTS AND ATTORNEY FEES ARISING OUT
OF THIS AGREEMENT OR PROCURING, COMPILING, COLLECTING,
INTERPRETING, PRODUCING, USING OR COMMUNICATING THE PRODUCT OR
INFORMATION CONTAINED THEREIN.
B. IF, NOTWITHSTANDING ARTICLE IV ABOVE, LIABILITY CAN BE IMPOSED ON
COUNTY, THEN LICENSEE AGREES THAT COUNTY'S AGGREGATE LIABILITY
FOR ANY AND ALL LOSSES OR INJURIES TO LICENSEE, ARISING OUT OF
ANYTHING TO BE DONE OR FURNISHED HEREUNDER, REGARDLESS OF THE
CAUSE OF THE LOSS OR INJURY AND REGARDLESS OF THE NATURE OF THE
LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL
NEVER EXCEED THE DOLLAR AMOUNT RECEIVED BY COUNTY UNDER THIS
AGREEMENT, AND LICENSEE COVENANTS AND PROMISES THAT IT WILL NOT
SUE COUNTY FOR A GREATER AMOUNT.
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C. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO WAIVE OR LIMIT ANY
RIGHT OR DEFENSE AVAILABLE TO COUNTY UNDER THE "COLORADO
GOVERNMENTAL IMMUNITY ACT' OR ANY SIMILAR OR RELATED STATUTORY
PROVISION.
ARTICLE VI
BREACH AND REMEDIES
In the event the Licensee breaches any of the terms, conditions, covenants, or
agreements contained in this agreement, not only shall the license granted herein
immediately cease, but the County shall thereupon have the right to any and all legal or
equitable remedies, including but not limited to injunctive relief.
B. Licensee acknowledges that use or disclosure of the Product in violation of this
agreement may cause irreparable harm to the County.
ARTICLE VII
NON -ASSIGNABILITY
Neither this agreement nor the rights granted by it shall be assigned or transferred by
the Licensee under any circumstance whatsoever. This restriction on assignments and
transfers shall apply to assignments or transfers by operation of law, as well as by contract,
merger, or consolidation. Any attempted assignment or transfer in derogation of this prohibition
is void.
ARTICLE VIII
GOVERNING LAW
The validity, interpretation, and construction of this agreement shall be governed by and
construed in accordance with the laws of the State of Colorado and the United States of
America.
The exclusive jurisdiction and venue for any lawsuit between the parties arising out of
this agreement shall be Weld County, Colorado, and/or the Federal District Court for the District
of Colorado.
ARTICLE IX
MISCELLANEOUS
A. The Licensee will do or cause to be done all things necessary to preserve its rights and
meet its obligations under this agreement.
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B. This agreement contains no financial commitments on the part of the County, and any
financial commitments on the part of the County which become a part of this Agreement
are subject to appropriation by the Board of County Commissioners of Weld County,
State of Colorado. If County funds for this agreement are not appropriated for each
County fiscal year, the County may terminate this agreement upon thirty (30) days
written notice to Licensee. The County's fiscal year is currently the calendar year.
C. Captions used in this agreement are for convenience and are not used in the
construction of this agreement.
D. This agreement contains the entire agreement of the parties. No other representation
whether oral or written may be relied upon by either party other than those that are
expressly set forth herein. No agent, employee or other representative of either party is
empowered to alter any of the terms herein unless done in writing and signed by an
authorized representative of the parties.
If for any reason a court of competent jurisdiction finds any provision of this agreement,
or portion thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder of this
agreement shall continue in full force and effect.
F. Nothing contained herein shall imply an employer/employee relationship, a joint venture,
partnership, or other association between County and Licensee.
G. Any notice or communication given pursuant to this agreement shall be given in writing,
either in person (deemed given when actually received) or by certified mail, return
receipt requested (deemed given three (3) days after mailed). Notice shall be given to
the parties at the following addresses:
The County:
Weld County GIS Division
915 10th Street
P. O. Box 758
Greeley, Colorado 80632
with a copy to:
Weld County Attorney
P. O. Box 1948
Greeley, Colorado 80632
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The Licensee:
The undersigned warrants to the County that it has full power and authority to enter into,
and where applicable, to act as the agent of the Licensee and be bound to perform its
obligations under this agreement.
IN WITNESS WHEREOF, said parties have hereto set their hands and seals.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
STATE OF COLORADO
ss:
COUNTY OF WELD
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY:
George E. Baxter, Chair
LICENSEE:
BY:
The foregoing agreement was acknowledged before me this day of
1997, by
WITNESS my hand and official seal.
My Commission expires:
Notary Public
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