HomeMy WebLinkAbout20150495.tiff RESOLUTION
RE: APPROVE ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT AND AUTHORIZE
CHAIR TO SIGN -THE STATEWIDE INTERNET PORTAL AUTHORITY (SIPA)
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 Eligible Governmental Entity
Agreement 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
Statewide Internet Portal Authority (SIPA), commencing upon 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 Eligible Governmental Entity Agreement 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 Statewide Internet Portal Authority (SIPA)
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 18th day of February, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board -
VI Az" a0
Mike Freeman, Pro-Tem
BY. �
�e•u Clerk to the Board t �1 . 1(,as.
an P. Conway
APPROVED AS TO FORM: 1361 I'` :41 Q41-6"/
Cozad
County Attorney �
/a7 Steve Moreno
Date of signature: Q l
1�. I. T- I'I 2015-0495
IT0003
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ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN
THE STATEWIDE INTERNET PORTAL AUTHORITY OF THE STATE OF
COLORADO AND WELD COUNTY
This Eligible Governmental Entity Agreement ("Agreement") by and between the Colorado
Statewide Internet Portal Authority("SIPA"), and Weld County ("BOB")
(each a "Party" and collectively "Parties"), is made and entered into on this 1, day of
Riviet ,2015.
RECITALS
WHEREAS, SIPA and EGE wish to enter into a cooperative agreement under which
services can be provided at the discretion of both Parties;and
WHEREAS, pursuant to § 24-37.7-105 C.R.S., SIPA operates to provide electronic
access for members of the public, state agencies, and local governments to electronic
information,products,and services; and
WHEREAS, pursuant to §§ 24-37.7-102 and 24-37.7-104, C.R.S., SIPA operates as a
political subdivision of the State of Colorado;and
WHEREAS,pursuant to § 24-37.7-104, SIPA is authorized to enter into agreements and
contracts with state agencies and local governments, and all state agencies and local governments
are authorized to enter into and do all things necessary to perform any such arrangements or
contracts;and
WHEREAS, § 29-1-203, C.R.S., authorizes local governments to cooperate or contract
with each other to provide any function or service lawfully authorized to each other; and
WHEREAS, SIPA provides for the dissemination, sharing, and use of information,
products, and services via the intemet; and
WHEREAS,neither Party is committing funds or required to perform services as part of
this agreement;and
WHEREAS, SIPA has entered into certain contracts with its contractors to operate the
Colorado.gov Portal and to provide an array of electronic information,products,and services via
the intemet (e.g., "Colorado Statewide Internet Portal Authority Portal Integrator Contract with
Colorado Interactive, LLC", as may be amended (hereinafter "Master Contract") and "COPE
1300 Broadway.Suite 1101■Denver,CO 80203 in Ph:720.409.5634■Fax:720-409-5642■sipa@aosipa.gov
Master Contract With Implementation Contractor to Support SaaS Collaboration, Office
Productivity, &Email Solution" (hereinafter"COPE Contract") and other contracts to expand its
array of electronic information,products,and services available to EGE;and
WHEREAS, SIPA will provide applications and services to EGE pursuant to Task
Orders, Statements of Work, Work Orders; or any agreed-upon documentation under this
Agreement; and
WHEREAS, a Task Order, Statement of Work, Work Order, or other agreed-upon
documentation will be prepared for each application or service and mutually signed by SIPA and
EGE;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, SIPA and EGE agree as follows:
1. EGE shall make available to SIPA electronic information maintained and owned
by EGE as is necessary to complete the agreed-upon work as set forth in a Work Order, Task
Order, Statement of Work, or any agreed-upon documentation under this Agreement. As
mutually agreed upon in subsequent Work Orders, Task Orders, Statements of Work, or any other
agreed-upon documentation under this Agreement, EGE will provide reasonable levels of support
in placing online with SIPA certain EGE-owned electronic information, as mutually agreed by EGE
and SIPA,with due regard to the workload and priorities of EGE and SIPA.
2. SIPA may, with the authorization of EGE, through the Portal, make public
electronic information made available to it available to the general public, including EGE's
public electronic information. The Parties agree to use their best efforts to provide adequate and
uninterrupted service under the terms of this Agreement. However, neither Party shall be liable
for interruption of service when the same shall be due to circumstances beyond the reasonable
control of either Party, its agents or employees, including but not limited to unanticipated
equipment malfunction, periodic maintenance or update of the computer systems upon which
such EGE electronic information reside, or interruption of service due to problems with the
Colorado statewide area network or due to problems with any telecommunications provider.
3. SIPA and EGE may enter into Task Orders, Purchase Orders, Statements of
Work, or any agreed-upon documentation under this Agreement. Task Orders,Purchase Orders,
Statements of Work, or any agreed-upon documentation under this Agreement shall describe
specific Services and/or Applications to be provided to BOB. EGE acknowledges that Services
and/or Applications are usually offered by SIPA's contractors. Task Orders, Purchase Orders,
Statements of Work, or any agreed-upon documentation shall cover the purchase of goods and
services from SIPA through the use of EGE funds. All Task Orders, Purchase Orders,
Statements of Work, or any agreed-upon documentation involving EGE funds may be approved
by the EGE official with authority to execute such agreement. Task Orders, Purchase Orders,
Statements of Work, or any agreed-upon documentation shall contain specific time or
performance milestones for SIPA's contractor(s), timelines for completion of relevant Task
Orders, Purchase Orders, Statements of Work, or any agreed-upon documentation, including
design specifications and other criteria relevant to the completion of applicable Task Orders,
Purchase Orders, Statements of Work, or any agreed-upon documentation, criteria and
2015 Statewide Internet Portal Authority Eligible Government Entity Agreement Paget of 9
procedures for acceptance by ECM and remedying incomplete or inaccurate work for each phase
of relevant Task Orders, Purchase Orders, Statements of Work, or any agreed-upon
documentation.
A. SIPA shall be responsible for the operation of, and all costs and expenses
associated with, establishing and maintaining electronic access to EGE electronic information,
databases or other software applications, including (but without limitation) the cost of
purchasing, developing, and maintaining programs used to interface with EGE software
applications that provide access to EGE-owned electronic information, products, and services.
EGE acknowledges SIPA may at its discretion use Contractors to perform certain obligations.
EGE's maximum financial obligation for establishing and maintaining electronic access to EGE
databases or other software applications shall be limited to the amount(s) set forth and
appropriated pursuant to each individual Work Order, Task Order, Statement of Work, or any
agreed-upon documentation under this Agreement.
5. Each Party shall have the right to terminate this Agreement by giving the other
Party 10 days' written notice. Unless otherwise specified in such notice, this Agreement will
terminate at the end of such 10-day period, and the liabilities of the Parties hereunder for further
performance of the terms of this Agreement shall thereupon cease, but the Parties shall not be
released from any duty to perform up to the date of termination. Work authorized under an
individual Work Order,Task Order,Statement of Work or any other agreed-upon documentation
under this Agreement,will be subject to the terms and conditions of that document.
6. None of the terms or conditions of this Agreement gives or allows any claim,
benefit, or right of action by any third person not a party hereto.Nothing in this Agreement shall
be deemed as any waiver of immunity or liability limits granted to SIPA or EGE by the Colorado
Governmental Immunity Act or any similar statutory provision.
7. This Agreement (and related Task Orders, Work Orders, Statements of Work,and
agreed-upon documentation)constitutes the entire agreement of the parties hereto and supersedes
all prior negotiations,representations or agreements, either written or oral. This Agreement may
be amended, modified, or changed, in whole or part, only by written agreement approved by
each party.
8. Neither SIPA nor its contractors have responsibility for the accuracy or
completeness of the electronic information contained within EGE's databases. SIPA and its
contractors shall be responsible only for the accurate and complete transmission of electronic
information to and from such EGE databases, in accordance with the specifications of any EGE-
owned software. For the purposes of the Colorado Open Records Act, EGE shall at all times be
the custodian of records. Neither SIPA nor its contractors shall be deemed to be either the
custodian of records or the custodian's agent.
9. This Agreement and any written amendments thereto may be executed in
counterpart, each of which shall constitute an original and together, which shall constitute one
and the same agreement. Delivery of an executed signature page of this Agreement by facsimile
2015 Statewide Internet Portal Authority Eligible Government Entity Agreement Page j of 9
or email transmission will constitute effective and binding execution and delivery of this
Agreement.
10. Confidential information for the purpose of this Agreement is information relating
to SIPA's or EGE's research, development, trade secrets, business affairs, internal operations,
management procedures, and infonnation not disclosable to the public under the Colorado Open
Records Act or some other law or privilege. Confidential information does not include
information lawfully obtained through third parties, which is in the public domain, or which is
developed independently without reference to a Party's confidential information. Neither Party
shall use or disclose, directly or indirectly, without prior written authorization, any confidential
information of the other. SIPA shall use its reasonable best efforts to ensure that its contractors
protect EGE confidential information from unauthorized disclosure. Notwithstanding anything
to the contrary herein, each Party acknowledges that given the subject matter of this Agreement,
such Party shall not disclose confidential information of the other (whether in written or
electronic form) to any third party, except as required by law or as necessary to carry out the
specific purpose of this Agreement; provided, however,that if such disclosure is necessary, any
third party who receives such confidential information shall also be bound by the nondisclosure
provisions of this Section 10. Upon termination of this Agreement, the Parties shall return or
destroy (at the other Party's request) all confidential information of' the other and if such
information is destroyed, each Party shall demonstrate evidence of such destruction to the other.
11. Miscellaneous Provisions
A. Independent Authority. SIPA shall perform its duties hereunder as an independent
authority and not as an employee of EGE. Neither SIPA nor any agent or employee of
SIPA shall be deemed to be an agent or employee of EGE. SIPA and its agents shall pay
when due all required employment taxes and income tax and local head tax on any
monies paid by EGE pursuant to this Agreement. SIPA acknowledges that SIPA and its
employees or agents aro not entitled to EGE employment or unemployment benefits
unless SIPA or a third party provides such benefits and that EGE does not pay for or
otherwise provide such benefits. SIPA shall have no authorization,express or implied,to
bind EGE to any agreements, liability, or understanding except as expressly authorized
by EGE. SIPA and its agents shall provide and keep in force workers' compensation
(and provide proof of such insurance when requested by BOB) and unemployment
compensation insurance in the Agreement required by law, and shall be solely
responsible for the acts of SIPA,its employees and agents.
B. Non-discrimination. SIPA agrees to comply with the letter and the spirit of all
applicable state and federal laws respecting illegal discrimination and unfair employment
practices.
C. Choice of Law. The laws of the State of Colorado (except Colorado laws related
to choice of law-or conflict of law) and rules and regulations issued pursuant thereto shall
be applied in the interpretation, execution, and enforcement of this Agreement. At all
times during the performance of this Agreement, SIPA shall strictly adhere to all
applicable federal and state laws, rules, and regulations that have been or may hereafter
2015 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 4 of 9
be established. Any legal action related to this Agreement shall be brought in either a
state or federal court within the City and County of Denver, Colorado.
D. Software Piracy Prohibition. No State or other public funds payable under this
Agreement shall knowingly be used for the acquisition, operation, or maintenance of
computer software in violation of United States copyright laws or applicable licensing
restrictions. SIPA hereby certifies that, for the term of this Agreement and any
extensions, SIPA has in place appropriate systems and controls to prevent such improper
use of public funds. If EGE determines that SIPA is in violation of this paragraph,EGE
may exercise any remedy available at law or equity or under.this Agreement, including,
without limitation, immediate termination of the Agreement and any remedy consistent
with United States copyright laws or applicable licensing restrictions.
F. Notices. All notices required or permitted under this Agreement shall be in
writing and delivered personally, by facsimile, by email or by first class certified mail,
return receipt. If delivered personally, notice shall be deemed given when actually
received. If delivered by facsimile or email, notice shall be deemed given upon full
transmission of such notice and confirmation of receipt during regular business hours. If
delivered by mail, notice shall be deemed given at the date and time indicated on the
return receipt. Notices shall be delivered to:
If to SIPA:
Statewide Internet Portal Authority
Attn: EGE Administrator
Street Address: 1300 Broadway, Suite 11010
City,State,Zip: Denver,CO 80203
Phone: (720)409-5634
Fax: (720)409-5642
Email: sipa@cosipa.gov
If to EGE:
Attn: Ryan Rose
Street Address: 1401 N. 17's Ave.
City,State,Zip: Greeley,CO 80631 •
Phone: 970-304-6570 x2550
Fax:
2015 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 5 of 9
Email: rrose@co.weld.co.us
And/or
Attn:
Street Address:
City,State,Zip:
Phone:
Fax:
Email:
And to other address or addresses as the parties may designate in writing.
G: Third Party Beneficiary; EGE shall enjoy those rights of a third party as may be
set forth expressly in any contract between SIPA and its contractors under which SIPA
provides electronic information, products, and services to EGE, including the Master
Contract Section 20.M.,as may be amended,
H. Disputes. Any failure of either Party to perform in accordance with the terms of
this Agreement shall constitute a broach of the Agreement. Any dispute concerning the
performance of this Agreement which cannot be resolved at the operational level shall be
referred to superior management and staff designated by each Party. Failing resolution at
this level, EGE may ask the SIPA Board of Directors to address the dispute. If the
dispute is not resolved after reference to the SIPA Board of Directors,the Parties may use
whatever procedures may be available, including but not limited to termination of the
Agreement.
2015 Statewide Internet Portal Authority Eligible Government Entity Agreement Page6 of 9
This Agreement is entered into as of the day and year set forth above,
/1,,a_se\C—e /\ Date: / ZZ-/1
Name: Gregg Rippy U `
Title: Executive Director
Entity: Statewide Internet Portal Authority
ATTEST: darde/ G Jellies a
fa La
Weld County Clerk to the Board , a%
Name: Esther E. Gesick 1161 '.t tJ 1'
'� \ I FEB 1 8 2015
By: Date:
Cheryl Hewitt r..
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
Name: . Mike Freeman
By Date: FEB 1 S 2015
Pro-Tem
2015 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 7 of 9
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APPROVED AS TO FUNDING
Name:
By: Date: 411/33,I1.5
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Controller
APPROVED AS TO SUBSTANCE:
Name:
By: Date: ( 27- 1 S
ect Official or Department Head
APPROVED AS TO SUBSTANCE:
Name:
By: (v I14 Date:
Director of General Services
APPROVED AS TO FORM:
Name: 4 >By: Date: 2/O/
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2015 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 8 of 9
Rafaela Martinez
From: Ryan Rose
Sent: Wednesday, February 11, 2015 11:12 AM
To: Frank Haug
Subject: RE: SIPA EGE
Thank you!
Ryan Rose
Chief Information Officer
Department of Information Technology
Weld County Government
1401 N. 17th Ave Greeley,CO 80631
tel:970-304-6570 x2550
rrose@co.weld.co.us
A
r
• W
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: Frank Haug
Sent: Wednesday, February 11, 2015 11:04 AM
To: Ryan Rose
Subject: RE: SIPA EGE
Ryan, my initial thought was concern about what information they will have access to, but then that is sort of clarified in
section 10, so I think we are in good shape. I think this looks fine.
Frank N. Haug
Assistant Weld County Attorney
1150 O Street
Mailing Address: P.O. Box 758, Greeley, CO 80632
tel: (970)356-4000 x4394
fax: (970)352-0242
S
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
1 2015-0495
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: Ryan Rose
Sent: Wednesday, February 11, 2015 9:56 AM
To: Frank Haug
Cc: Robert J. Frick
Subject: SIPA EGE
Frank,
Would you please review this EGE. Here is some additional info about SIPA. There is no monetary value to the
agreement,just provides us the framework to use their services, but also apply for their grants.
Best,
Ryan Rose
Chief Information Officer
Department of Information Technology
Weld County Government
1401 N. 17th Ave Greeley, CO 80631
tel:970-304-6570 x2550
rrosePco.weld.co.us
7,1
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: IT-Canon(alco.weld.co.us [mailto:IT-Canon(thco.weld.co.usl
Sent: Tuesday, January 27, 2015 8:48 AM
To: Ryan Rose
Subject: Attached Image
2
Hello