The URL can be used to link to this page

Browse Search

Home My WebLink About20211869.tiffRESOLUTION RE: APPROVE AGREEMENT FOR WEATHER DATA ACCESS SERVICES AND AUTHORIZE CHAIR TO SIGN - SYNOPTIC DATA PBC 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 an Agreement for Weather Data Access Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and Synoptic Data PBC, commencing upon full execution of signatures, 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 Agreement for Weather Data Access Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and Synoptic Data PBC, 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 12th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dirks) 4;ei Weld County Clerk to the Board my A`:rney Date of signature: 07/24/2 Steve M•reno, Chair S-.•i�i.� James, Pr• -m erry L. ck CC: ::CT(Ritism) 07/2.2 /2 I 2021-1869 IT0010 064, -ad lb 44q255 PASS -AROUND TITLE: DEPARTMENT: BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW Synoptic Weather Data Contract Information Technology DATE: 6/29/21 PERSON REQUESTING: Ryan Rose Brief description of the problem/issue: Weld County IT uses meteorological data on the Snow Desk map and is adding weather data to maps for other departments including Environmental Health. Historically we have used data from a company named Synoptic at no cost. In 2021, Synoptic changed their data pricing model, and to obtain the same data we have used before, we will need to pay an annual fee of04600N What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) Approve Synoptic contract to continue to use exist datasets 2) Leverage 'free' data, which is less reliable and may not be available during emergencies Recommendation: Option (1) is the recommendation of IT and the Public Works departments; to sign this agreement to purchase data from Synoptic. - Perry L. Buck Mike Freeman Scott K. James, Pro-tem Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: 2021-1869 'root() Synoptic ............. Agreement This Agreement (the "Agreement") is made and entered into as of July 1, 2021 by and between Weld County a Colorado County Government entity whose principal place of business is at 1150 O St, Greeley CO 80631 ("Client"), and Synoptic Data PBC, a Delaware Public Benefit Corporation whose business office is at 3267 East 3300 South #120, Salt Lake City, UT 84109 ("Synoptic"), each a "Party," and collectively the "Parties". WHEREAS, Synoptic operates a data hub service providing data input, output, storage, archiving, manipulation, display, quality control, and other services, and WHEREAS, Client wishes to use the Bronze package of Synoptic's Data Access Service, and NOW, THEREFORE, based upon the foregoing premises, the Parties agree as follows: SECTION 1: TERM OF AGREEMENT 1.1 The term of this Agreement (the "Term") shall begin on July 1, 2021 and continue for a period of one year. This Agreement shall automatically renew at the end of each term at the price set forth in Section 3 unless amended at least thirty (30) days prior to renewal date or terminated by either Party pursuant to the rights set forth in Section 6. SECTION 2: PROVISION OF SERVICES 2.1 Under this Agreement, Synoptic shall provide Client with a non-exclusive, worldwide, non transferable license to use, reproduce, promote, publicly perform, publicly display, and transmit the Data Content downloaded via the Data Access Service. A description of the Bronze Tier is provided in the Statement of Work, attached as Attachment A. A general description of Synoptic's Access Service is provided in Attachment B. 2.2 Data Content collectively means: (a) data acquired by Synoptic from publicly available sources consisting of (i) the attributes of earth and weather data and (ii) any other earth and weather data that Synoptic is obligated to or otherwise does deliver to Client as part of the Data Access Service. Client may publish and use any and all Data Content in any Client Offering, such as: (a) display and use the Data Content as part of a Client Offering and (b) integrate, merge, and/or combine the Data Content with other data to create new works ("Derivative Works"); 2.3 Data Access Service means the Synoptic API that enables Client to access and ingest Data Content. 1 2.4. For avoidance of doubt, the foregoing grant of license does not purport to be a claim by Synoptic of license to or ownership of publicly available data, but rather is a license for any rights that Synoptic may possess in the Data Content, such as rights arising from Synoptic's aggregation, selection, and arrangement of publicly available data. Accordingly, Synoptic makes no representations that it owns or has intellectual property rights in such publicly available data. 2.5 Client acknowledges that the Data Content provided in this Data Access Service is considered Provisional. Provisional Data is observational data that has been collected under applicable professional standards but may not yet have been officially reviewed or edited by the entity that collected the data. Such data is subject to material change after the collectors conduct a review of the data, which may occur anywhere from hours to months after the data valid time. The provisional nature of the data should be considered by Client, especially in situations involving its use in matters that concern personal or public safety or the conduct of business that involves substantial monetary or operational consequences. SECTION 3: FINANCIAL CONSIDERATIONS 3.1 Client shall pay Synoptic Service Fees at the rate of $485 per year. Client has chosen to pay the entire fee upfront and as such, will receive a 3% prepayment discount. 3.2 Synoptic shall invoice Client once a year at the beginning of the contract year for the entire amount as stated in 3.1. If Client chooses to revert to monthly invoicing, the 3% discount will no longer be in effect and Synoptic will invoice Client monthly at the end of the contract -month for which service was delivered. 3.3 In the event of termination, Synoptic shall invoice on a pro -rata basis for the services rendered up to the date of termination. SECTION 4: CONTACTS 4.1 The following representatives shall be the primary Points of Contact for the Parties: for Synoptic: Business: Elizabeth Wilson, elizabeth.wilson@svnopticdata.com, 919-758-5689 Billing: Kathy Pedersen, apdesk@synopticdata.com, 831-438-9742 Technical: support@synopticdata.com For Client: Business: Jake Mundt, jmundt@weldgov.com, 970-400-2521 Billing: Ronna Brinkman, billing.it@weldgov.com, 970-400-2549 Technical: Jake Mundt, jmundt@weldgov.com, 970-400-2521 2 SECTION 5: COMPLIANCE WITH LAWS 5.1 Both Parties shall comply with all applicable laws, rules, and regulations which deal with or relate to performance in accord with the terms of this Agreement. SECTION 6: TERMINATION 6.1 Either Party may terminate this Agreement by giving sixty (60) days' notice to the other Party. 6.2 In the event that either Party shall commit any breach of or default in any of the terms and conditions of this Agreement, including the Terms of Use and Statement of Work, and shall fail to remedy the default or breach within thirty (30) days after receipt of written notice thereof from the other Party, the Party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, immediately terminate this Agreement by sending notice of termination in writing to the other Party to that effect, and the termination shall be effective as of the date of the receipt of the notice. 6.3 Either Party may immediately terminate this Agreement by sending notice of termination in writing to the other Party upon the occurrence of any of the following events: (i) a receiver is appointed for either Party or its property; (ii) either Party makes a general assignment for the benefit of its creditors; (iii) either Party commences, or has commenced against it, proceedings under any bankruptcy, insolvency or debtor's relief law, if such proceedings are not dismissed within 60 Days; or (iv) either Party is liquidating, dissolving, or ceasing to do business in the ordinary course. 6.4 Termination of this Agreement by either Party for any reason shall not affect the rights and obligations of the Parties accrued prior to the effective date of termination of this Agreement, which shall survive the termination of this Agreement. SECTION 7: WARRANTIES 7.1 Mutual Warranties. Each Party represents and warrants to the other that (i) it has the full power to enter into this Agreement and to carry out its obligations under this Agreement. 7.2 Additional Warranties by Synoptic. Synoptic warrants that it will meet applicable specifications and will comply with applicable industry standards. 7.3 No Other Warranties. NO OTHER WARRANTIES ARE MADE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, OR OTHER IMPLIED WARRANTIES ARISING FROM THE CUSTOM OR USAGE OF THE TRADE. 3 SECTION 8: LIMITATION OF LIABILITY EXCEPT FOR A PARTY'S LIABILITY TO THE OTHER PARTY FOR BREACHES OF ANY CONFIDENTIALITY (SECTION 6), AND FOR ITS INDEMNIFICATION OBLIGATIONS (SECTION 14), AND NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER PARTY WILL BE LIABLE TO THE OTHER WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY AMOUNTS IN EXCESS OF THE FEES PAID BY CLIENT TO SYNOPTIC DURING THE TERM OF THE AGREEMENT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS SECTION DOES NOT LIMIT EITHER PARTY'S LIABILITY FOR BODILY INJURY OF A PERSON, DEATH, OR PHYSICAL DAMAGE TO PROPERTY. SECTION 9: GOVERNING LAW 9.1 This Agreement shall be governed by the laws of the State of Colorado, without giving force and effect to its choice of law provisions. 9.2 This section applies and controls over the Indemnification and Governing Law/Dispute Resolution sections in Attachment C. Specifically, the Indemnification provision is limited to as permitted by Colorado law and the Governing Law/Dispute Resolution section is controlled under Colorado law and Weld County Courts. SECTION 10: TERMS OF USE 10.1 The terms of use for the Client's use of the Data Access Service are included as Attachment C. These terms of use apply to all Client activities and personnel. SECTION 11: MODIFICATION AND WAIVER 11.1 Any modifications to this Agreement must be in writing and be signed by an authorized representative of each Party. A Party's decision not to insist on strict performance of any requirement of this Agreement shall not operate or be construed to waive any future omission or breach, or any other provision of this Agreement. SECTION 12: EXECUTION OF AGREEMENT IN COUNTERPARTS 12.1 This Agreement may be executed in counterpart with the same effect as if both parties signed the same document. The counterparts shall be construed together and shall constitute one and the same original Agreement. A signature on this agreement by one Party 4 communicated to the other by facsimile transmission or email will constitute execution of this Agreement. IN WITNESS WHEREOF, the Parties have caused these presents to be executed as of the day and year first written above. for Client: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: Name: Steve Moreno Title: Chair, BOCC Date: JUL 1 2 2021 for Synoptic: eev#it 14 Oztam Elizabeth Wilson Director of Weather Programs Synoptic Data PBC Date: June 13, 2O21 5 Attachment A Statement of Work Synoptic shall provide the following Data Access Service to Client in support of its regular operations using Amazon Web Services (AWS) cloud infrastructure. Synoptic shall work with Client personnel as necessary to implement services. Service 1. Provide Data Access Services for Observational Data Synoptic will provide all specified meteorological and related Data Access Services for Client. The primary deliverable is the establishment and ongoing operation of a real-time data feed to Client of all desired weather observation data from over 50,000 active weather stations and more than 70,000 archived stations in the Synoptic database. This feed shall be executed using the Synoptic Application Programming Interface (API). Deliverable Synoptic shall deliver the Bronze package of Synoptic's Data Access Service. Included Features Requests/minute 1 Unlimited API uptime guarantee 99.9% Service Units 300M Customer support 4 business days (SUs)/month 2 response time Access to archived Up to 60 days Network outage Yes data website (coming Q3 2021) Access to publicly Yes Quality controls Basic available data Access to restricted Yes Access to push Yes data 3 (additional fee) streaming service6 (additional fee) Access to manual Yes Access to precipitation Basic data download tool a service' Server access Scaling enterprise 1 Each request in the Bronze Tier is limited to 100,000 station -hours. 2 1 service unit (SU) = 1 station, 1 point in time, 1 parameter 'Fee is dependent on network type. Please contact us for a network offering list. ° Manual data download tool can be accessed at https://download.synopticdata.com/ s Basic quality control includes the range check, time rate of change check, persistence check, wind speed vs. wind gust check, and wind speed vs. wind direction check. 6 Fee for the Push Streaming service is $6,000/yr for all data. Pro -rated rates are available if only specific networks are needed. ' Basic precipitation includes precipitation intervals and/or accumulations returned at the reporting frequency of the station 6 Attachment B General Description of Data Access Services 1. Data Storage and Security. Synoptic stores all observation data in a fault -tolerant, load -balanced, scalable data system with full backup. Synoptic provides end -to -end security and end -to -end privacy, in accordance with customer mandates and security best practices. For US government agencies and customers, a higher level of federal security procedures is available (additional fees may be required). 2. Data Delivery. Synoptic provides customers with access to all applicable data available in their service package via the Synoptic API, which allows ingestion of the observation data into the customer's software applications and databases. The Synoptic API is a RESTful web service suitable for incorporation into any application with internet access. Synoptic provides technical support to Client in a manner commensurate with their service package to facilitate use of the Synoptic API and libraries. If provided in their service package, Synoptic will work with Client to optimize their data request protocols so that the data feed applications and request levels described above will typically satisfy their requirements. If additional capacity or capabilities are required, customized data feed applications and additional extra request volumes are available (additional fees may be required). The Synoptic Data Access Service focuses on delivering real-time observations in the most efficient manner possible. Historical observation data is also available, but if large historical data sets are required, these are more efficiently handled through an offline request and delivery via bulk download services (additional fees may be required). 3. Data Quality Control. Working with industry -standard and proprietary procedures developed in-house, Synoptic applies a standardized set of Quality Control (QC) procedures to all incoming data. These procedures have their foundation in industry -standard QC procedures, including common Range, Buddy, and Internal Consistency checks. If included in their service package, available checks also include Advanced QC proprietary Synoptic -developed routines to test for problems specifically associated with observing network operations. 4. Collection of Customer Observation Data. For those Client's that operate their own sensor networks, Synoptic can coordinate with the Client's technical staff to ingest Client data via industry standard data formats (commonly including CSV, METAR, NetCDF, JSON, and XML), metadata formats (commonly including CSV, SensorML, Starfish Fungus Language, JSON, XML, and manual entry via web form), and data transmission protocols (including http, ftp, and LDM) in order to redistribute the data to customers via the Synoptic API. Other industry -standard data formats and protocols may also 7 be available, and Client -generated formats and protocols can also be supported (additional fees may be required). Data can also be made available to other Synoptic customers at the Client's discretion. Synoptic allows Clients to control access to their data through data rights management protocols and procedures. These access controls ensure that data is released only to entities and classes of users specified by the data owner and that any required payments are implemented and enforced. Note that additional fees may be required in support of the services described above. Under the baseline Data Access Service, Synoptic stores all raw observation data for its data redistribution Clients in perpetuity, subject only to a cap of 1 terabyte of new data per year. Storage of additional raw or processed data can also be supported (additional fees may be required). 5. Data Latency. Synoptic strives to minimize latency from ingest to delivery by working with all data providers (including the customer, if applicable) to collect data from as close to the source as possible when practical (i.e. from the sensor or network operator rather than from a downstream aggregator). Synoptic guarantees a minimum latency from ingest to API response of 60 seconds, but in practice response times are typically much faster. 6. Data System Uptime. Synoptic employs cloud -based computing and storage services from the industry's leading providers. Synoptic's Data Access Services are provided with an annual uptime percentage guarantee of 99.9%. 7. Detailed Technical Specifications. The general functional capabilities that Synoptic provides to the Client are described above. Synoptic offers multiple methodologies and techniques to provide these capabilities, and these methodologies and techniques will often change over the course of a contract, due to evolving requirements and the emergence of new technical solutions. Detailed technical specifications are coordinated between Synoptic technical staff and the Client's technical personnel and are updated as needed. 8. System Limitations and Misuse. Synoptic's Data Access Service is designed to support heavy loads of requests. However, in the event that Synoptic finds aggressive or inappropriate usage and/or identifies requests that compromise the usability of the Data Access Service for other customers, the offending requests will be temporarily blocked while the Synoptic technical staff contacts the user to resolve the issue. 8 Attachment C Terms and Conditions of Use for Synoptic Services These Terms and Conditions of Use ("Terms of Use") govern your use of (i) the website of Synoptic Data PBC ("Synoptic") located at www.synopticdata.com, and all other sites that may be linked to www.synopticdata.com by Synoptic and its affiliates (collectively, the "Site") and (ii) all services provided by Synoptic on the Site or otherwise (collectively, the "Synoptic Services"). The Site and Synoptic Services are the property of Synoptic. BY USING THE SITE AND/OR THE SYNOPTIC SERVICES, YOU BECOME A CLIENT AND AGREE TO THESE TERMS OF USE. Synoptic reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your use of the Site and/or the Synoptic Services after any changes will mean that you agree to the changes. So long as you comply with these Terms of Use, Synoptic grants you a personal, non-exclusive, non -transferable, limited privilege to use the Site and/or Synoptic Services. Content All data, computer code, user interfaces, text, visual interfaces, graphics, trademarks, photographs, logos, sounds, artwork and music (collectively, "Content"), including the design, expression, "look and feel", structure, selection, arrangement and coordination of such Content, contained in the Site and Synoptic Services is owned, controlled or licensed by or to Synoptic and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site, Synoptic Services, or its Content may be copied, republished, reproduced, posted, uploaded, encoded, publicly displayed, translated, transmitted or distributed in any way (including any process that constitutes "mirroring") to any other website, computer, server or other medium for distribution or publication or for any commercial undertaking, without Synoptic's prior written consent. Your Use of the Site and Synoptic Services You may not use any automatic device, program, algorithm or methodology, including without limitation any "deep -link', "page -scrape", "robot", "spider" or any similar or equivalent process, to access, acquire, copy or monitor any portion of the Site, the Synoptic Services or any Content, or in any way circumvent or reproduce the presentation or navigational structure of the Site, the Synoptic Services, or any Content, to obtain or attempt to obtain any documents, materials or other information through any means not purposely made available through the Site or the Synoptic Services. Synoptic reserves the right to bar any such activity in its sole discretion. 9 Synoptic's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site nor the Synoptic Services should be construed to alter such agreements. In the event of any conflict between these Terms of Use and any written agreement entered into by any party with Synoptic for the provision of Synoptic Services, the latter shall control. Links to Other Sites and to the Synoptic Site This Site may contain links to other independent third -party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to Synoptic's customers and visitors to the Site. Such Linked Sites are not subject to control by Synoptic. Accordingly, Synoptic has no responsibility for the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will be required to make your own independent judgment regarding your interaction with these Linked Sites. Acknowledgement of Provisional Nature of Data All data Content on the Site or in the Synoptic system ("Data Content") is deemed to be provisional data subject to change. All Data Content is observational data that has been collected under applicable professional standards but may not yet have been officially reviewed or edited by the entity that collected the data. Such Data Content is subject to material change after the collectors conduct a review of the data, which may occur anywhere from hours to months after the data valid time. The provisional nature of Data Content should be considered by any Client or user of the Site or the Synoptic Services, especially in situations involving its use in matters that concern personal or public safety or the conduct of business that involves substantial monetary or operational consequences. Client Account(s) A Synoptic account is required to access all Synoptic Services. The Client is responsible for all activities that occur under its accounts, regardless of whether the activities are undertaken by Client employees or a third party (including contractors, affiliates or agents). Synoptic and its affiliates are not responsible for unauthorized access to the Client's account, other than to the extent caused by our breach of this Agreement. The Client will immediately notify Synoptic of any known or suspected unauthorized use(s) of any of its accounts, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of password or credit card information. The Client is responsible for keeping its login credentials confidential. The Client may not transfer its registration, username or password to any other person or entity or otherwise permit anyone to access or use its accounts. The Client may terminate its accounts and this Agreement at any time, and Synoptic reserves the right to terminate the Client's account, in its sole discretion, at any time without notice. All information provided by the Client to Synoptic for use in establishing its accounts must be accurate, truthful, up-to-date, complete and must be maintained in that condition by the Client. The Client warrants that it is 10 fully authorized to establish, use, and control any account to which the Client might have access. Client -Contributed Content Some areas of Synoptic Services may allow users to submit, transmit, post or upload information, data, metadata, text, graphics, other material or Content ("Client -Contributed Content") and allow users to share or provide that Client -Contributed Content with other users. The Client shall retain full ownership of its Client -Contributed Content, but Client agrees to grant Synoptic permission to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Client -Contributed Content in connection with providing its services to the Client and other users in accordance with the Client's settings. In connection with providing the services, we may modify or adapt the format of Client -Contributed Content in order to transmit, display or distribute it over computer networks, in various media, or in specified formats, and/or make changes to Client -Contributed Content as are necessary to conform and adapt that Client -Contributed Content to any requirements or limitations of any networks, devices, services or media. Such changes will be carried out only as needed to affect such distribution, and Synoptic will never alter the actual information or underlying data contained within the Client -Contributed Content. Client grants Synoptic permission to conduct preparatory, administrative, and other technical actions required to support its services, including, for example, generation of image thumbnails or document previews, backup and archiving of data, and compressing of data for storage or delivery. Client gives Synoptic these permissions to do those things solely to provide its services, and Synoptic will carry out only those actions the Client has given Synoptic permission for, and only as needed to provide the services to the Client and other users. This permission also extends to trusted third -parties Synoptic works with to provide the Synoptic Services. Client agrees not to post Client -Contributed Content that: (i) contains any information or content that Client knows is not correct and current; (ii) contains any information or content that Client does not have a right to make available under any law or under contractual or fiduciary relationships; (iii) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to Client, to any other person, or to any animal; (iv) may create a risk of any other loss, damage or other liability to any person or property; (v) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (vi) may constitute or contribute to a crime or tort; (vii) contains any information or content that Synoptic deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene or otherwise objectionable; (viii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets). Client represents and warrants that any Client -Contributed Content that Client posts does not and will not violate rights of any kind, including without limitation any copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any 11 person or entity. Client represents and warrants that it owns any Client -Contributed Content or has the necessary licenses, rights, consents and permissions relating to the Client -Contributed Content. Synoptic reserves the right, but is not obligated, to reject and/or remove any Client - Contributed Content that it believes, in its sole discretion, violates these provisions. Synoptic may choose to review Client -Contributed Content for compliance with these Terms of Use, but Client acknowledges that Synoptic has no obligation to monitor any information on the Synoptic Services. Synoptic is not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information Client may post or be able to access using the Synoptic Services. Synoptic reserves the right at all times, but is not obligated, to remove or refuse to distribute any Client -Contributed Content on the Synoptic Services. Synoptic also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Synoptic, its users and the public. Client understands that publishing its Client -Contributed Content on the service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. Data Ownership and Copyright Synoptic makes no representations that it owns or has intellectual property rights in the Data Content made available via Synoptic Services. Rather, Synoptic claims ownership of any rights that Synoptic may possess in the Data Content, such as rights arising from Synoptic's unique aggregation, selection, and arrangement of publicly available data. The Synoptic Services and Data Content available via the Synoptic Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, and all Synoptic users are required to abide by these and any another relevant intellectual property laws, rules, and regulations. Synoptic responds to notices of alleged copyright infringement that are submitted in accordance with appropriate law and procedures. Synoptic will terminate the accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Privacy Submitting information is strictly voluntary. By doing so, you are giving Synoptic your permission to use the information for the intended purpose. If you do not want to give Synoptic permission to use your information, simply do not provide it. However, not providing certain information may result in Synoptic's inability to provide you with the information or services you desire. 12 Synoptic respects our users' privacy and is committed to the protection of our users' private information. During the creation of a Synoptic account, Synoptic will collect only such private information as is necessary to properly verify and administer that account. These may include, but are not limited to, items such as name, address, email address, and organizational information. This information will be used by Synoptic and third party agents only as absolutely needed to properly administer Synoptic Services, support its users, and appropriately track usage. By using Synoptic Services, Client agrees to the collection of such information and to have that personal data collected, used, and processed by Synoptic and trusted third party agents. Synoptic protects collected personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, or use. In order to ensure proper use of the Synoptic Services, Synoptic will also track certain usage parameters of all user accounts through the use of cookies, logs, and other technologies. This data is used solely to ensure compliance with all applicable laws, rules, regulations, and to ensure proper usage of Synoptic Services. Synoptic does not sell, trade, or otherwise transfer any personally identifiable information to any outside parties. Non -personally identifiable information, include anonymous usage logs and patterns, may be provided to other parties for appropriate uses. Acceptable Use By agreeing to these Terms of Use and using its Synoptic accounts, Client agrees not to misuse Synoptic Services and to abide by these Terms of Use, including the following policies: Client will not: (i) use the Synoptic Services for any unlawful purposes or for promotion of illegal activities; (ii) post any content on Synoptic Services in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation; (iii) impersonate others through Synoptic Services or otherwise misrepresent its affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; (iv) publish or post other people's private or personally identifiable information, such as credit card numbers, street address or social security/national identity numbers; (v) send unsolicited communications, promotions or advertisements, or spam; (vi) publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy; (vii) access, tamper with, or use non-public areas of Synoptic Services, Synoptic's computer systems, or the technical delivery systems of Synoptic's providers; (viii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (ix) access or search the Synoptic Services by any means other than our publicly supported interfaces (for example, "scraping"); (x) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Synoptic Services to send altered, deceptive or false source -identifying information; (xi) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail -bombing Synoptic Services, or by scripting the creation of content in such a manner as to interfere with or create an undue 13 burden on Synoptic Services; (xii) use Synoptic Services for any harmful or fraudulent activities; (xiii) use Synoptic Services to create or promulgate any content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (xiv) act to avoid system restrictions through manual or electronic means; (xv) publish or post any content on Synoptic Services that contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xvi) publish or post any content that interferes or attempts to interfere with the proper working of the Site or the Synoptic Services or prevents others from using the Site or the Synoptic Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site or the Synoptic Services, or that otherwise negatively affects other persons' ability to use the Site or the Synoptic Services, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Synoptic Services or any other site or system in use by another user of the Synoptic Services. Fees You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your receipt of the Synoptic Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Disclaimers SYNOPTIC DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, SYNOPTIC SERVICES OR FEATURES PROVIDED BY THE SITE OR SYNOPTIC SERVICES IS ERROR -FREE OR WILL BE UNINTERRUPTED, OR THAT ALL DEFECTS WILL BE CORRECTED, OR THAT ANY USE OF THE SITE OR THE SYNOPTIC SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SITE, THE SYNOPTIC SERVICES, AND ALL CONTENT ARE DEEMED TO BE DELIVERED ON AN "AS -IS" AND "AS -AVAILABLE" BASIS. ALL DATA PROVIDED ON THE SITE OR THE SYNOPTIC SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. SYNOPTIC CANNOT ENSURE THAT ANY FILES OR OTHER DATA DOWNLOADED FROM THE SITE OR THE SYNOPTIC SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SYNOPTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE, ACCURACY, NON -INFRINGEMENT. SYNOPTIC DISCLAIMS LIABILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO ANY SYNOPTIC SERVICES AND/OR YOUR USE OF THE SITE. BY ACCESSING THE SITE AND THE SYNOPTIC SERVICES, YOU ARE DEEMED TO ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE SYNOPTIC SERVICES, THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SYNOPTIC FOR DISSATISFACTION WITH THE SITE, THE SYNOPTIC SERVICES, OR ANY CONTENT IS TO STOP USING THE SITE, THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The disclaimer set forth above applies to any damages, liability and/or injuries caused by any failure of performance, error, omission, deletion, defect, interruption, delay in operation or transmission, 14 computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Synoptic reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, the Synoptic Services, or any portion of the Site or Synpotic Services, for any reason; (2) to modify or change the Site, the Synoptic Services, or any portion of the Site or Synoptic Services, and any applicable policies or terms; and (3) to interrupt the operation of the Site, the Synoptic Services, or any portion of the Site or Synoptic Services, as necessary to perform routine or non -routine maintenance, error correction, or other changes. Limitation of Liability Except where prohibited by law, in no event will Synoptic be liable to any client of Synoptic Services (a "Client") or user for any consequential, indirect, exemplary, incidental or punitive damages, including lost profits or business opportunities, even if Synoptic has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Synoptic is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, the Synoptic Services or any Content, Synoptic's liability shall not exceed the total of any fees for Synoptic Services paid in the three months prior to the date of an initial claim made against Synoptic. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply. Indemnity By accessing the Site or the Synoptic Services, you agree to indemnify and hold Synoptic, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Synoptic by any third party due to or arising out of or in connection with your use of the Site or the Synoptic Services. Governing Law; Dispute Resolution You agree that all matters relating to your use of the Site or the Synoptic Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Salt Lake County, Utah, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are based in the European Union. If you are based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action will be barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Synoptic and you arising out of or in connection with your use of the Site or the Synoptic Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve 15 any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. Miscellaneous You may not use any Content or any copy or adaptation of such Content, or any Synoptic Services offered on the Site, in violation of any applicable laws or regulations. Your use of the Site and the Synoptic Services is subject to all applicable local, state, national and international laws and regulations. You agree to abide by all such laws and regulations, including those relating to intellectual property, defamation, privacy, and the transmission or exportation of data. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, with the intent that these Terms of Use will remain in full force and effect. Synoptic's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Synoptic of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Synoptic and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. You agree that these Terms of Use are specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages. Manner of Giving Notice Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing -related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you. Feedback and Information Any feedback you provide on the Site or the Synoptic Services will be deemed to be non -confidential. Synoptic will be free to use such information on an unrestricted basis. Updated February 2021 16 Contract Form New Contract Request Entity Information Entity Name* Entity ID* SYNOPTIC DATA AND SYNOPTIC g'{J0043971 Contract Name* 2021 SYNOPTIC DATA ACCESS AGREEMENT Contract Status CTB REVIEW Contract Description* 12 MONTH ACCESS TO SYNOPTIC WEATHERSTATION DATA Contract Description 2 Contract Type AGREEMENT Amount * $500.00 Renewable* NO Automatic Renewal Grant IGA Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnologvGIS weldgov.com Department Head Email CM- InformationTechnologyGlS- DeptHeadweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EYgWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID ❑ New Entity? Contract ID 4855 Contract Lead* JMUNDT Contract Lead Email jmundtPco.weld.co.us Requested BOCC Agenda Date* 06!21,`2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 06?17/2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 Review Date* 05/01/2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing t CONSENT Approval Process Department H RYAN ROSE DH Approved Date 05/`22;2021 Final Approval BOCC Approved YES BOCC Signed Date 07/12)2021 11OCC Agenda Date 07,`12,2021 Originator .JMUNDT Committed Delivery Date Expiration Date* 07#0112022 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing 0612212021 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date ©6,122/2021 06,'22:2021 Tyler Ref # 2021-1869 Hello