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Home My WebLink About20194671.tiff/D PASS -AROUND TITLE: DEPARTMENT: BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW WAPA GIS Data Sharing Agreement Information Technology DATE: 10/15/19 PERSON REQUESTING: Ryan Rose / Jake Mundt 1/4.902-0 Brief description of the problem/issue: Planning (Tom Parko) has requested that Weld County GIS coordinate with the Western Area Power Authority to obtain GIS data files representing the easements of their electrical lines. This will assist Planning's review of permit applications near WAPA easements. Attached is an agreement which will enable Weld County to show the data on our"internal GIS applications. Typically Weld County GIS does not collect or maintain easement data, however in this instance, this layer will resolve an operational problem that has been identified by the Planning Department. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) Authorize the signature of the the agreement, enabling direct access to data. 2) Work with Planning to find alternate methods to ensure compliance. Recommendation: Information Technology recommends that Weld County sign the agreement, thereby obtaining the data for internal use only. Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno /o -30 Approve Schedule Recommendation Work Session GG'• ZTC JM) Other/Comments: 2019-4671 11/11/2016 GIS DATA SHARING AGREEMENT This GIS Data Sharing Agreement (Agreement) is made this O° p714day of Q/fi�j c,r0/q between the Western Area Power Administration (WAPA) and Weld County Government (Weld County), who shall collectively be referred to as the Parties. WHEREAS, WAPA has developed a Geographic Information System (GIS) that yields proprietary cartographic information related to WAPA's role as a power marketing administration; and WHEREAS, federal, state, local governmental agencies and other utilities may, on occasion, request GIS data from WAPA; and WHEREAS, WAPA is willing to provide GIS data to governmental agencies or utilities consistent with the terms and conditions stated in this Agreement; THEREFORE, in consideration of the mutual promises contained herein, the Parties, intending to be legally bound, agree as follows: The approved organization requesting GIS data from WAPA will not disclose, duplicate or distribute the GIS data it receives to any person or entity without WAPA's express written consent, except that it may provide GIS data received from WAPA to a contractor currently providing services, equipment or material to the agency or utility provided that the agency or utility takes reasonable measures to ensure that the contractor to whom it provides WAPA GIS data has adequate precautions in place to prevent the further release of the data. The approved organization or its contractor will use the GIS data received from WAPA for official governmental purposes or internal business only. The approved organization or its contractor will maintain electronic GIS data provided by WAPA behind a fully functional firewall, and shall demonstrate to WAPA, upon request, that such protection is in place. At WAPA's option, the approved organization will destroy or return GIS data to WAPA, or direct that the contractor to whom it has provided GIS data do the same, when there is no longer a need to keep the data. The Parties will work together to determine when there is no longer a need for the approved organization or its contractor to keep GIS data, but in the case of disagreement among the Parties, WAPA will retain full authority to direct the approved organization or contractor to destroy or return the GIS data. Cartographic and GIS data provided under this Agreement was prepared in accordance with professional practice standards, but is only as accurate as the primary source. It is intended for planning and analysis only, and should not replace or be used in place of survey data. Refer to metadata for source and accuracy. WAPA will not be responsible for any errors or inaccuracies in the GIS data which it provides. The GIS data remains the property of WAPA at all times. This Agreement shall be in effect and be binding upon the Parties for as long as Weld County 6,20/-460.71 iinvzo16 abides by all the terms of this Agreement. If Weld County fails to adhere to the terms of this Agreement, WAPA may terminate this Agreement immediately and demand the immediate return or destruction of the GIS data previously provided. Neither the execution of this Agreement nor the delivery of GIS data hereunder shall be construed as the granting, by implication or otherwise, of any right in or license to the GIS data. TN WITNESS WHEREOF, this Agreement has been executed by the Parties' duly authorized representatives as of the date first written above. Board of Weld County Agency or Utility: Commissioners By: Mike Freeman Title: Chair Pro—Tem Western Area Power ministration j. By: 1 o I o Title: AS3PL'`-'(' ` I Div /" S, t J Signed — Mike Freeman, BOCC Chair Pro—Tem Signed - WAPA Manager OCT 3 0 2019 Date Any questions can be directed to Todd Rhoades, Western Area Power Administration Asset Planning and Development Manager, Phone (720) 962-7214, Fax (720) 962-7199. ,z0/q-46,11 Cheryl Hoffman From: Sent: To: Cc: Subject: Jacob Mundt Friday, October 25, 2019 8:39 AM Esther Gesick Ryan Rose; Tom Parko Jr.; Cheryl Hoffman; Chloe Rempel RE: Data Sharing Agreement Thanks Esther —submitted to Dept Head just now as contract Id 3200. Thanks, -JM From: Esther Gesick <egesick@weldgov.com> Sent: Monday, October 21, 2019 1:58 PM To: Jacob Mundt <jmundt@weldgov.com> Cc: Ryan Rose <rrose@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Chloe Rempel <crempel@weldgov.com> Subject: RE: Data Sharing Agreement Not a problem. Go ahead and get it uploaded in OnBase (shoot us an email with the ID # so we know it is the signature exception) so it can make the rounds and we can get it on the Agenda. We'll just hold a copy here in our office as a temporary document until you receive and forward a fully executed copy for our records. Thanks for checking! Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jacob Mundt <imundt@weldgov.com> Sent: Monday, October 21, 2019 1:47 PM To: Esther Gesick <egesick@weldgov.com> Cc: Ryan Rose <rrose@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: FW: Data Sharing Agreement Esther— I have an agreement, approved by legal, that will need to go before the BOCC for signature. However the customer will require us to sign first. I know this is atypical. Is it possible? It is for a data exchange agreement, requested by the Planning Department. 1 Thanks, -JM From: O'Rourke, Barbara <Borourke@WAPA.GOV> Sent: Monday, October 21, 2019 1:29 PM To: Jacob Mundt <jmundt@weldeov.com> Subject: Data Sharing Agreement ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jake, Unfortunately, WAPA's policy is the County will need to sign the Data Sharing Agreement first. Do you think you can make that happen? Thanks, Barb Barbara O'Rourke I Realty Specialist Western Area Power Administration I Rocky Mountain Region I Loveland, CO (O) 970.461.7284 I (M) 970.218.7288 Join us on Twitter 2 Contract Form New Contract Request Entity Information Entity Name* WESTERN AREA POWER ADMINISTRATION Contract Name* GIS DATA SHARING AGREEMENT Contract Status CTB REVIEW Entity ID* @00041534 Contract ID 3200 Contract Lead* JMUNDT Contract Lead Email jmundt@co yield co us ❑ New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Description * AN AGREEMENT ALLOWING WAPA TO SHARE GIS DATA RELEVANT TO PLANNING DEPARTMENT ACTIVITIES WITH WELD COUNTY Contract Description 2 Contract Type* AGREEMENT Amount $0 00 Renewable * NO Automatic Renewal Grant IGA Department INFORMATION TECHNOLOGY-GiS Department Email CM - I nformationTechnologyGIS@w eldgov.com Department Head Email CM-InfomiationTechnologyGlS- DeptHead@weldgov corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYAT T ORNEY@\VELD GOV.COM Requested BOCC Agenda Date* 10130/2019 Due Date 1020+.2019 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 OnEase Contract Dates Effective Date Review Date* 10/31/2020 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date 10/3112020 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT 102522019 Approval Process Department Head Finance Approver RYAN ROSE CONSENT DH Approved Date 10+'25//2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/30/2019 Originator JMUNDT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 10/25/2019 10/252019 Tyler Ref AG 103019 Submit Hello