The URL can be used to link to this page

Browse Search

Home My WebLink About20201538.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR FIBER OPTIC CABLE, COPPER CABLE, AND CONDUIT SHARING AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for Fiber Optic Cable, Copper Cable, and Conduit Sharing 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 the 19th Judicial District Courts, commencing upon full execution of signatures, with further terms and conditions being as stated in said intergovernmental agreement, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental 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 Intergovernmental Agreement for Fiber Optic Cable, Copper Cable, and Conduit Sharing 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 the 19th Judicial District Courts, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said intergovernmental agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of May, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddrAtiv .IdiO;tic Weld County Clerk to the Board Date of signature: S /2 /240 Mike Freeman, Chair GC :ITOM Mc) 7 /02 /2.0 2020-1538 IT0009 Co4rs.c L 11 # 36 It MEMORANDUM TO: Esther Gesick, Clerk to the Board May 13, 2020 FROM: Ryan Rose, Chief Information Officer SUBJECT: 19th Judicial Courts Fiber Copper Cable Sharing IGA Information Technology is requesting Weld County Government and the 19th Judicial Courts to enter into an intergovernmental agreement for fiber optic, copper and conduit sharing. This agreement will allow the 19th Judicial Courts and Weld County Government to more effectively leverage physical resources in Weld County Government facilities. The agreement has been reviewed by the county attorney. Cc ©51ol oz 2020-1538 -1-'O43(3"1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 19th Judicial Courts fiber and copper cable sharing IGA DEPARTMENT: Information Technology DATE: 5/12/2020 PERSON REQUESTING: Ryan Rose 1� Brief description of the problem/issue: The Information Technology department is requesting an intergovernmental agreement for fiber optic cable, copper and conduit sharing between the 19th Judicial Courts and Weld County Government. This agreement will allow the 19t Judicial Courts and Weld County Government to more effectively leverage physical resources in Weld County Government facilities for the betterment of both entities. The County Attorney's office has reviewed the agreement with IT and the 19th has reviewed and signed. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The board has two options. 1. Approve the request. 2. Deny the request and not enter into the intergovernmental agreement. Recommendation: Information Technology recommends that the BOCC approve the request. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Approve Recommendation Schedule Work Session Other/Comments: INTERGOVERNMENTAL AGREEMENT FOR FIBER OPTIC CABLE, COPPER CABLE AND CONDUIT SHARING BETWEEN THE 19TH JUDICIAL COURTS AND WELD COUNTY THIS AGREEMENT is made and entered into effective as of the ay of (flc , 2020 between the COUNTY OF WELD, a Home Rule County, whose address is 915 10th Street, PO Box 758,1 reeley, CO80632, hereinafter referred to as Weld County, and the 19th Judicial Court, whose address is 901 9th Ave, Greeley, CO 80631, hereinafter referred to as the Courts. The parties hereto, when referring to both, may also be referred to hereinafter as parties. Either party hereto may also be referred to as owner or party. RECITALS WHEREAS, Weld County (the County), has installed conduits and fiber optics cable (fiber cable) with enough capacity to allow the 19th Judicial Courts (the Courts) to utilize two (2) strands of single -mode fiber between the Centennial complex and the North Jail complex; and WHEREAS, the County has installed conduits and fiber optics cable (fiber cable) with enough capacity to allow the Courts to utilize two (2) strands of multi -mode fiber between the Centennial complex and the 918 10" Street facility, and the Centennial complex and Weld County Courthouse, and the Centennial complex and Centennial complex 2" floor DA data closet; WHEREAS, the County has installed conduits and fiber optics cable (fiber cable) with enough capacity to allow the Courts to utilize two (2) strands of multi -mode fiber between the Centennial complex and the Court's West facility, the Centennial complex and the Centennial complex 2"d floor Courts data closet, and the Centennial complex and the 934 9th Ave Marlboro building; WHEREAS, it is in the best interests of the citizens of the Courts and Countybenter into thisAgreement; NOW THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS, COVENANTS AND AGREEMENTS CONTAINED HEREIN, THE ADEQUACY OF WHICH IS ACKNOWLEDGED BY AND BETWEEN THE PARTIES, THE PARTIES HERETO BARGAIN AND AGREE AS FOLLOWS: 1. Recitals. The foregoing recitals are incorporated herein by reference. 2. Term of Agreement. The term of this Agreement shall be for five (5) years, renewable upon the written consent and approval by the 19th Judicial Courts and the Weld County Commissioners. The parties will meet, at a minimum, annually to determine how this Agreement is meeting the needs of both parties and whether to extend this Agreement at the appropriate time. Attached to this agreement is Exhibit A, which identifies the type and quantity of cables being utilized. 3. Cancellation. This Agreement may be cancelled by either party upon three hundred and sixty five (365) days written notice tothe other party. The owner of the cable within the canceling party's conduit shall remove their cables from the canceling party's conduit within the 365 -day period following receipt of a notice of cancellation. Failure to remove said cables by the effective date of the cancellation shall be deemed an abandonment of said cables and shall result in ownership of said cables defaulting to the owner of the conduit. Page 1 of 6 0Q0-1535- 4. Responsibility for Relocation and Damage to Conduit or Cable. 1. For the purposes of this Agreement, the County is the "owner" of all cable and conduit referred to herein. 2. If the owner of the cable desires to relocate a cable, the cost of relocating that cable is the responsibility of the owner.of the cable. If theowner of a conduit desires to relocate a conduit, the cost of relocating that conduit is the responsibility of the owner of the conduit. The cost torelocate the cables within the relocated conduit is the responsibility of the owners of the cables. 3. If a conduit or cable is damaged by a third party, the cost to the repair the conduit or cable is the responsibility of the owner of the conduit or cable that is damaged. Any recovery for damage to a conduit or cable from a third party is the property of the owner or the conduit or cable. 4. If a conduit or cable owned by one party is damaged by the other party (or the other party's employees or agents), the party responsible for the damage shall be responsible for the repair and/or replacement of the conduit or cable. 5. Location of Service. Locating service will be the responsibility of the conduit owner. 6. Colorado Governmental Immunity Act. The Parties acknowledge that each Party, their officers and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as it is from time to time amended, or otherwise available to the Parties, their officers, or employees. 7. Notices. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or after the lapse of ten business days following mailing by certified mail, postage prepaid, addressed asfollows: TO COURTS: TO COUNTY: 19th Judicial Courts 901 9tI, Ave Greeley, Colorado 8063 1 ATTN: Marci Hoffman Weld County, Colorado Board of County Commissioners P.O. Box 758 Greeley, CO 80632 8. Additions and Modifications. The parties hereto agree that they shall cooperate with one another in making such additions and modifications to thisIntergovernmental Agreement as may be necessary to effectuate its purposes. Page 2 of 6 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in Weld County. 10. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute waiver or a waiver of any subsequent breach of the same or anotherprovision of this Agreement. 11. Effect of Invalidity/Severability. If any portion of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, the parties agree to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the entirety of this Agreement. If any portion of any other paragraph of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, such invalidity or unenforceability shall not affect the other paragraphs of this Agreement, except that any corresponding right or obligation of the other party shall be deemed invalid. 12. Amendments. This Agreement may be amended in writing only by the mutual agreement of the governing bodies of the parties hereto. 13. Reliance by the Parties. The Courts and the County understand that they each are relying upon all of the promises made by the other in this Agreement, and each agrees (i) not to assert to any court or other body the invalidity or unenforceability of any portion of this Agreement; (ii) to promptly notify the other party of any -legal action which might affect this Agreement; (iii) to allow the other party to participate in such legal action as the other party deems appropriate; and (iv) to defend this Agreement in such legal action. 14. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 15. No Third -Party Beneficiaries; No Waiver of Governmental Immunity. This Agreement shall not be deemed to have created any duty of care or liability with respect to any person or entity not a party hereto, nor shall it constitute a waiver of any privileges or immunities the parties or their officers or employees may possess pursuant to law. 16. No Agency, Joint Venture or other Relationship. The Parties acknowledge and agree that they will not hold themselves out as an agent, partner or co -venture of the other and that this Agreement is not intended to and does not create an agency, partnership, joint venture or any other type of relationship except the contract relationships established hereby. 17. Entire Agreement. This Agreement supersedes all agreements previously made between the parties relating to its subject matter. There are no other understandings or agreements between the parties. Page 3 of 6 IN WITNESS WHEREOF, the parties hereto have signed the date and year set forth above. ATTEST: diriLi140;gok. BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD OF OF WELD COUNTY, COLORADO, SITTING COUNTY COMMISSIONERS ON BEHALF OF THE WELD COUNTY BY: ty Clerk to the Boat ATTEST: BY: Mike Freeman, Chair MAY 2 0 2020 STATE COURT ADMINISTRATOR BY: Page 4 of 6 aoao - 5 34ir EXHIBIT A Source Location Destination location Strands Type ID# Centennial North Jail SM 1/2 Centennial 918 1Ot1 Street MM 9/10 Centennial Weld County Courthouse MM 3/4 Centennial Centennial 2nd Floor (Courts) MM 3/4 ..........: Centennial CourtsWest MM 3/4 Centennial Centennial 2nd Floor (DA) MM 3/4 Centennial 934 9`1' Ave - Marlboro MM 1/2 Page 5 of 6 Entity Information Entity Name* Entity ID* NINETEENTH JUDICIAL DISTRICT @00004903 Contract Name* 19TH JUDICIAL INTERGOVERNMENTAL AGREEMENT FOR FIBER OPTICS AND COPPER CABLE Contract Status CTB REVIEW ❑ New Entity? Contract ID 3611 Contract Lead* ACHURYK Contract Lead Email achuryk@coweld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* INTERGOVERNMENTAL AGREEMENT FOR FIBER OPTICS AND COPPER CABLE SHARING BETWEEN 19TH JUDICIAL DISTRICT AND WELD COUNTY. Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 Renewable* YES Automatic Renewal NO Grant NO IGA Department INFORMATION TECHNOLOGY-GIS Department Email CM - I nformationTechnologyGlS@w eldgov corn Department Head Email CM-InfomiationTechnologyGlS- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV.COM Requested BOCC Agenda Date* 05/20;2020 Due Date 05/16/2020 Will a work session with BOCC be required?* YES Does Contract require Purchasing Dept. to be included? NO 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 Review Date* Renewal Date* 02`0312025 05/23/2025 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head RYAN ROSE DH Approved Date 05/15/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05120/2020 Originator ACHURYK Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Contact Phone 2 Purchasing Approved Date 0511512020 Finance Approved Date 05115/2020 Tyler Ref # AG 052020 Legal Counsel CONSENT Legal Counsel Approved Date 05/15/2020 Submit Hello