HomeMy WebLinkAbout20250858.tiffCongh/ac+Nci-Zq'
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Agreement for Beta agency for WestNet
DEPARTMENT: Information Technology
PERSON REQUESTING: Ryan Rose
DATE: 3/13/2025
Brief description of the problem/issue:
This agreement allows for Weld County to be a "beta" agency so we can test the new hardware for First -in sold by WestNet. First -in is a software
interface with 911 CAD allowing dispatch to automatically send out radio signals to fire stations when a fire call is put into 911. The original design
allowed for 2 radio signals to be sent out at the same time, this new proposed hardware will be capable of sending out 8 signals at the same time.
What options exist for the Board?
Approve and sign the agreement
Decline and propose language or process changes needed
Consequences:
The existing environment has seen inconsistency when multiple Fire and EMS calls go out at the same time. Dispatch, IT and Westnet
worked together to identify the bottleneck restricting multiple calls from going out at once. The consequence of not moving forward with this
agreement, would require us to remain on the current hardware with the current limitations.
Impacts:
The new hardware would allow for the newer technology to increase efficiency by recording and sending 8 calls at once. Negative impact
to agencies will remain low during our testing as we will continue our evaluation of the new hardware on test radio channels
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
The proposed onetime upgrade cost of about $6,000 will be funded by E-911, pending the present and approval of the E-911 board on
2/18/2025. There will be no expenditure of county funds for this upgrade.
Recommendation:
In partnership with Director Powell of Communications, staff recommends the board sign the beta agreement and allow us to move forward with the new
hardware. The agreement has been reviewed by the county attorney's office.
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
cones acc
3/7,
Support Recommendation Schedule
Place on BOCC Agenda Work Session
On\oaSe
3/ z3725
Other/Comments:
2025-0858
CM 60Z9
1 TOU,3
WESTNET
BETA TESTING AGREEMENT
This Beta Testing Agreement is a legal agreement (hereinafter "Agreement") and is executed on January
9, 2025, between Westnet, LLC ("Westnet") and Weld County 911 Dispatch Center (hereinafter
"Licensee" and/or "Recipient"). This Agreement covers the First -In Automated Voice Dispatch (hereinafter
"AVD") Application, any printed materials, data files and information and any "online' or electronic
documentation which it accompanies. This Agreement takes precedence over any other agreement, or
terms embedded within the First -In AVD Application.
SECTION I. ASSENT TO BE BOUND
By executing a written copy of this Agreement, or by installing, copying, or otherwise using this First -In
AVD Application pursuant to Beta testing, Licensee agrees to be bound by the terms of this Agreement. If
Licensee does not agree with any term or condition, do not install, and/or use the First -In AVD Application
or product package.
S ECTION II. DISCLAIMER
THE BETA FIRST -IN AVD APPLICATION LICENSED HEREUNDER IS BELIEVED TO BE RELATIVELY
FREE OF DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN
QUANTATIVE AND QUALITATIVE FEEDBACK ON THE REAL TIME PERFORMANCE OF FIRST -IN
AVD APPLICATION IN EMERGENCY RESPONSE SCENARIOS TO IDENTIFY ANY UNKNOWN
INSTALLATION, SYSTEMS INTEGRATION AND/OR ANY UNKNOWN DEFECTS. LICENSEE IS
ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION DURING THE COMPLETION OF
THE BETA TESTING PERIOD.
S ECTION III. FEEDBACK FROM LICENSEE
It is expressly understood, acknowledged and agreed that Licensee shall, regardless of whether or not
formally requested to do, provide to Westnet reasonable suggestions, comments and feedback regarding
the First -In AVD Application, including but not limited to usability, bug reports and test results, with
respect to First -In AVD Application testing (collectively, "Feedback").
Final testing of geo-based features will be conducted during Beta testing.
S ECTION IV. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Westnet grants to Licensee a non-exclusive, non-
transferable license (without the right to sublicense) (i) to use the First -In AVD Application in accordance
with the Documentation solely for purposes of internal testing and evaluation, and (ii) to copy First -In AVD
Application for archival or backup purposes, provided that all titles and trademarks, copyright, and
restricted rights notices are reproduced on such copies.
S ECTION V. RESTRICTIONS ON GRANT
Except as otherwise specifically permitted in this Agreement, Licensee may not:
(a) Modify or create any derivative works of any First -In AVD Application or documentation, including
translation or localization (code written to published APIs (application programming interfaces) for
the First -In AVD Application shall not be deemed derivative works);
(b) Copy the First -In AVD Application except as provided in this Agreement or elsewhere by
Westnet;
(c) Separate First -In AVD Application, which is licensed as a single product, into its component parts;
1
WESTNET
(d) Sublicense or permit simultaneous use of the First -In AVD Application by more than one PSAP
unless already configured;
(e) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for
any Product the First -In AVD Application (except to the extent applicable laws specifically
prohibit such restriction);
(f) Redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to any First -In
AVD Application. You may NOT transfer the First -In AVD Application under any circumstances;
(g) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or
labels in the Product(s).
S ECTION VI. FIRST -IN AVD APPLICATION SUPPORT
Westnet will provide Beta testing site support to the Licensee in accordance with Exhibit A -Maintenance
and Support.
S ECTION VII. OWNERSHIP AND COPYRIGHT OF FIRST -IN AVD APPLICATION
Title of the First -In AVD Application and all copies thereof remain with Westnet and/or its suppliers. The
First -1n AVD Application is copyrighted and is protected by United States copyright laws and international
treaty provisions.
Licensee will not remove copyright notices from the First -In AVD Application. Licensee agrees to prevent
any unauthorized copying of the First -In AVD Application.
Except as expressly provided herein, Westnet does not grant any express or implied right to Licensee
under Westnet patents, copyrights, trademarks, or trade secret information.
S ECTION VIII. TERM OF THIS AGREEMENT
Licensee has the option to receive " the First -In AVD Application and integrated support hardware for
Beta Testing for a period not less than six months from full release, and upon full release, the Licensee
will receive a 40% discount from full product value for the first 12 months.
U pon mutual termination of this Agreement or the termination of the Beta Testing Period, the rights and
licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall
immediately cease using, and will return to Westnet (or, at Westnet's request, destroy), the First -In AVD
Application, Documentation, and all other tangible items in the Licensee's possession or control that are
proprietary to or contain Confidential Information.
Licensee agrees to provide feedback as described in Section III hereinabove for as long as the First -In
AVD Application is utilized and Westnet technical support is provided under the terms to be agreed upon.
S ECTION IX. LIMITATION ON LIABILITY
Provision of any First -In AVD Application under this Agreement is "as is" and shall not create any
obligation for Westnet to continue to develop, productize, support, repair, offer for sale or an any other
way continue to provide or develop First -In AVD Application either to Licensee or to any other party
beyond the express 120 -day Beta Test Period and/or any extensions thereof.
However, if Westnet continues to develop, productize, support, repair, or offer for sale or in any other way
continue to provide or develop First -In AVD Application for other parties beyond the express 120 -day
2
WESTNET
Beta Test Period, Westnet agrees to develop, support, update, and repair First -In AVD Application and
hardware (two units) for the licensee, free of charge for a period of 10 -years. Further units will be made
available for purchase by Licensee at a 50% discount off list price.
THE FIRST -IF AVD APPLICATION IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE IN NO EVENT SHALL WESTNET OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING. WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE FIRST -IN AVD APPLICATION, EVEN IF WESTNET HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
SECTION X. EXPORT RESTRICTIONS
Licensee acknowledges that First -In AVD Application is of U.S. origin Recipient agrees to comply with all
applicable international and national laws that apply to the First -In AVD Application. including the U S
Export Administration Regulations. as well as end -user, end -use and destination restrictions used by U.S
and other governments.
SECTION XI. ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive agreement between Westnet and Licensee with
respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written
communications, proposals, representation, understandings, or agreements not specifically incorporated
herein. This Agreement may not by amended except in a writing duly signed by an authorized
representative of Westnet and Licensee
SECTION XII. EXECUTION IN MULTIPLE COUNTERPARTS
This Agreement may be executed by electronic signature in multiple counterparts each of which will be
deemed an original
ACCEPTED AND AGREED TO
"BETA TESTING") LICENSEE
S i9 natu re bz---&
Printed Name
Chair,
Title: Board of Weld County Commissioners
Per L. Buck
Date:
Attest
Esther E Gesick. Clerk to the Board:
1
MAR 2 c 2025
By: �� 1
Deputy Clerk to the B1Sard
ACCEPTED AND AGREED TO
WESTNET, L
Signature
Printed Name: gi O GAgc% •.
TitlaY
Date. 3 `" Oa - 20_2,5
3
B
WES TIVE �
EXHIBIT A
MAINTENANCE AND SUPPORT
SCOPE OF WORK
1. SCOPE OF SERVICES
Westnet will provide comprehensive turnkey maintenance and support services for the installed First -In Fire
Automated Voice Dispatch as a component of the Agency's current, operational Alerting Platform System,
ensuring all components are operating at peak performance in accordance with factory specifications in effect
at the time the equipment was purchased. The Services to be provided under this agreement include the
following:
• One year, 24/7 toll -free technical support
• Repair and/or replacement of malfunctioning units (except UPS and servers)
• Spare equipment delivered the next business day (and Saturdays where available)
• Remote diagnostic analysis and uploads, standard release software upgrades
2. RESPONSE TIMES
Response times shall be determined in accordance with the Priority Level and Descriptions set forth in the
following table where applicable. The response time shall commence from the time the Customer requests
service or notifies Westnet of problems with the System by contacting Westnet's Call Center ("Notification").
Issue resolution may include phone support, VPN remote access, or on -site service (for issues not resolved
via phone support or remote access). On -site times are calculated by after remote attempts to correct the
issue are deemed unsuccessful or unavailable by Westnet. Lack of or unavailability of a Customer -supplied
VPN connection to any station or the dispatch center shall be considered the Customer's waiver of any
response time obligation for that particular issue.
Westnet Technical Support: (800) 807-1700
Office Hours: 8:00 - 5:00 PST, Monday — Friday
. .
Levels
Hours
/ Day.
_
-
.
Description
This
priority
level
represents
a significant
issue
that
results
in
the
inability
to use
the
dispatching
and/or
alerting
systems.
24/7/365
Including
Holidays
• Any reported
trouble
with
Westnet-supplied
Dispatch
(System)
Project
1
Equipment.
3-6
Response
Hour
• Station
in
any
reports
areas
of
that
the
it
fire
is
station.
not
receiving any
form
an alert
or
there is no audio
of
•
transmitting
Other
failures
devices
that
render
unusable.
the
fire station
MCU
and
more
than five audio
4
2
3
WESTNET
8:00 - 5:00
PST, Monday
Friday
2 -Business -
Day Response
8:00 - 5:00
PST, Monday
Friday
3 -Business -
Day Response
This priority level represents a moderate issue that restricts normal use of the
dispatching and/or alerting systems.
• Any non -essential Dispatch Project or Fire Station device reported inoperable.
• Reports of receiving other stations' or companies' alerts.
• Requests to increase fire station volume levels within fire department -
approved parameters.
This priority level represents minor or non -emergency issues that do not restrict
normal use of the dispatching and/or station alerting systems.
• Requests to decrease volume levels within fire department -approved
Parameters.
• Add additional equipment, request programming, or voice -chip changes
• Requests for additional training.
• Other non mission -critical matters in the dispatch centers or fire stations.
3. WESTNET'S RESPONSIBILITIES
Westnet shall:
A. Provide Westnet-owned spare equipment while a System component is returned to Westnet for
repair or replacement.
1. Any Westnet-owned spare equipment parts provided under this Agreement are the property
of Westnet. Any damage to Westnet's spare equipment parts is not covered under this Scope
of Services and the Customer shall pay for the repair or replacement of the spare equipment
parts.
2. Westnet may service replaceable parts, by way of new or remanufactured replacement parts
to Customer on an exchange basis. Upon receipt by the Customer of the replacement part,
the original part becomes the property of Westnet, and shall be returned by Customer to
Westnet. The Customer shall pay Westnet the full retail value of the replacement part if
Westnet provides notice to the Customer to return the original part and Westnet does not
receive the original part within thirty (30) days after replacement part installation.
B. Upon request, Westnet shall provide a written quote for additional work not specifically identified in this
Agreement. Such work could include, but is not limited to, additions and installation of new equipment,
relocation of existing equipment, upgrades (not part of Westnet standard releases) and enhancements,
and other system related goods and services. If the Customer decides to proceed with the work, a new
purchase order will be issued exclusively for the work to be ordered.
4. CUSTOMER'S RESPONSIBILITIES
The Customer shall at all times or upon request:
A. Make no modifications to the System without obtaining approval from Westnet in writing.
5
WESTNET
B. Notify Westnet of any problems with the System by emailing WSG@WestnetPublicSafety.com or
calling the Westnet Systems Group at 1-800-807-1700 (Westnet's call center).
C. Provide and maintain an operating 24/7 VPN with IP access to the stations for the duration of the
Agreement. The VPN shall allow Westnet to connect to all fire stations that are equipped with the
First -In Fire Station Alerting (First -In) equipment. The VPN must be operating, and the Customer
must allow Westnet to test the VPN prior to the commencement of this Agreement.
D. Ensure that the Westnet monitor computer in the Dispatch Center (if provided) has 24/7 access to
the VPN and to all Customer fire stations. The Customer will return the Westnet monitor computer
to Westnet at the conclusion of this Agreement and any additional extensions.
E. If on -demand VPN is not available, escorted VPN access is acceptable. Escorted access should
be available 24/7 within (1) hour of notice of a service request or remote access request.
F. Provide the make and model number of the fire station radio the System is connected to for the
source of dispatch audio. If there are any connections to this radio other than the outside antenna
and the power source, the Customer will provide a diagram showing the method of connection,
connector pins used, signals obtained from the radio and signals sent to the radio by the fire station
equipment.
G. Provide the name, 24 -hour telephone number and position of responsible party that can be
contacted about each station's radio communication, public address, CAD, and network equipment.
A common point of contact with access to responsible parties in said areas will also suffice for this
request.
H. Provide Westnet with either code -access to the stations or an escort that is available 24/7 and
within one (1) hour of notice of an on -site visit. If training, badges or background checks are required
any time during the term, Customer agrees to pay for such costs.
I. If applicable, provide the make and model number of fire station amplifier, type of connectors used
by fire alerting input, input impedance and the necessary audio level to drive station amplifier.
J. Provide a description of station control circuits (e.g., lighting, door openers, gas shut-off) and the
number of circuits to be controlled by the Control Remote.
K. Ensure that the MCU at each station is at all times plugged into the Westnet supplied on-line full-
time UPS.
L. Ensure that the MCU at each station is at all times plugged into the First -In Radio Isolation Unit.
Westnet will exclude from this Agreement the repair of any equipment not properly connected to
the Radio Isolation Unit.
M. Ensure that the radio antenna and lightning arrestor is installed, is installed per current engineering
standards and that all lightning protection equipment is connected to a 5 -ohm earth ground by a #6
or larger cable not exceeding eight (8) feet in length between the 5 -ohm earth ground and the
protected equipment.
N. Notify Westnet prior to making any configuration changes in any equipment connected to the fire
station System.
6
Contract Form
Entity Information
Entity Name*
WESTNET
Entity I D *
@00049683
in New Entity?
Contract Name* Contract ID
AGREEMENT FOR BETA AGENCY FOR WEST NET 9248
Contract Status
CTB REVIEW
Contract Lead*
JTHIMGAN
Contract Lead Email
jthimgan@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
THIS AGREEMENT ALLOWS FOR WELD COUNTY TO BE A "BETA" AGENCY SO WE CAN TEST THE NEW HARDWARE
FOR FIRST -IN SOLD BY WESTNET. FIRST -IN IS A SOFTWARE INTERFACE WITH 911 CAD ALLOWING DISPATCH TO
AUTOMATICALLY SEND OUT RADIO SIGNALS TO FIRE STATIONS
Contract Description 2
WHEN A FIRE CALL IS PUT INTO 91 1 . THE ORIGINAL DESIGN ALLOWED FOR 2 RADIO SIGNALS TO BE SENT OUT AT
THE SAME TIME, THIS NEW PROPOSED HARDWARE WILL BE CAPABLE OF SENDING OUT 8 SIGNALS AT THE SAME
TIME.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM-
InformationTechnologyGl
S@weld.gov
Department Head Email
CM-
InformationTechnologyGl
S-DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Requested BOCC Agenda
Date*
03'26 '202 5
Due Date
03;'22,1`2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
RYAN ROSE
DH Approved Date
03/24/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
03/26/2025
Review Date
03/01/2026
Committed Delivery Date
Contact Type Contact Email
Finance Approver
CONSENT
Renewal Date
Expiration Date*
03/31/2026
Contact Phone 1
Purchasing Approved Date
03/24/2025
Finance Approved Date
03/24/2025
Tyler Ref #
AG 032625
Originator
)THIMGAN
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
03/24/2025
Hello