HomeMy WebLinkAbout20150664.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF GUEST NETWORK
CONNECTION AND AUTHORIZE CHAIR TO SIGN - COLORADO STATE PATROL
(CSP)
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 the
Use of Guest Network Connection 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 for the Weld County Sheriff's Office, and the Colorado State Patrol,
commencing upon execution of signature, 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 Intergovernmental Agreement for the Use of Guest Network
Connection 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 for the
Weld County Sheriff's Office, and the Colorado State Patrol be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
SC: eifl enN';/Tm- 3/31 2015-0664
IT0003
SO0036
INTERGOVERNMENTAL AGREEMENT FOR USE OF GUEST NETWORK CONNECTION -
COLORADO STATE PATROL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,/ COL RADO
ATTEST: L{ Gj IALA�Lh�L i `
��jj .J�lfo �c Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
R , t 1 1�' Mike Freeman, Pro-Tern
BY.
D-. ty Clerk to the Bo
r
SnP. Conway
l�t ,,itt, a ep,
A�� lie A. Coz d
C,4!nty= torney ✓ `'
Steve Moreno
Date of signature:
2015-0664
IT0003
SO0036
MEMORANDUM
1861 TO: Board of County Commissioners March 5, 2015
✓ �� FROM: Frank Haug
\O1-
c o T N T z� SUBJECT: Agreement with CSP for access to Internet
Please find attached the Intergovernmental Agreement that gives the Colorado State
Patrol permission to access the internet via our network in the southern part of the county.
IT has been involved in this process and is able to accommodate this use.
2015-0664
3�q
INTERGOVERNMENTAL AGREEMENT FOR THE USE OF GUEST NETWORK
CONNECTION BETWEEN WELD COUNTY AND THE COLORADO STATE PATROL.
THIS AGREEMENT is made and entered into this /��day of kikeeil
2015, by and between the COUNTY OF WELD, COLORADO, by and through the Weld
County Board of Commissioners (hereinafter "Weld County"), and the Colorado State Patrol
(hereinafter "CSP").
RECITALS
WHEREAS, the parties have the authority to enter into agreements for the protection and
preservation of the public health and public safety as may be necessary for the provision of
services; and
WHEREAS, Weld County is in possession of an information technology infrastructure
that may be useful to the CSP through access to a guest network connection for network
transport to the internet; and
WHEREAS, Weld County and the CSP are authorized to enter into this Agreement
pursuant to § 29-1-203, C.R.S., Article II, § 2-3 of the Weld County Home Rule Charter.
NOW, THEREFORE, in consideration of the following mutual agreements and
covenants, Weld County and the CSP hereby agree as follows:
1. Agreement: The terms of this Agreement are outlined below. This is the entire
agreement.
2. Description of Services and Infrastructure available: Weld County will provide the
CSP with access to a guest network connection for network transport to the internet over
existing Weld County infrastructure. All use of this connection must be in compliance
with Chapter 9 of the Weld County Code. The CSP must meet the minimum software
requirements of a compatible operating system, Windows 7 or greater, fully patched, and
updated Antivirus/Malware software. The CSP must complete software updates as
required by the IT department.
3. Ownership and Maintenance: Weld County shall own and maintain all information
technology infrastructure as it relates to this agreement. Each party shall maintain and
own their own hardware and software.
4. Term: The Agreement becomes effective upon signature of the Weld County Board of
County Commissioners. The agreement shall renew automatically on an annual basis
unless sooner terminated.
5. No Debt: This agreement does not create a financial obligation for either party. It is
hereby agreed and acknowledged by the parties that no provision of this Agreement shall
be construed or interpreted as creating an indebtedness or a multiple fiscal year direct or
indirect debt or other multiple-year financial obligation whatsoever within the meaning of
any constitutional or statutory debt limitation provisions, including, without limitation,
Article XI, Sections 1, 2, and 6, and Article X, Section 20 of the Colorado Constitution.
6. Termination: Each party has the right to terminate this Agreement, with or without
cause, upon thirty (30) days written notice. The Agreement may be terminated at any
time without notice upon a material breach.
7. Modification: Any amendments or modifications to this agreement shall be made in
writing and signed by all parties.
8. Indemnity: To the extent permitted by law, each party agrees to indemnify, defend, and
hold the other, its officers, employees, and agents, harmless from and against any and all
claims, suits, expenses, damages, or any injury to persons, entities, or property arising
from any and all acts, omissions, or failure to act during the provision of services by the
County pursuant to this Agreement.
9. Non-Liability: The parties agree that in no event shall Weld County be liable due to any
stoppage, delay, or any impairment in the operation and function of the guest connection
owned by Weld County and used by the CSP. Weld County does not guarantee that the
function and operation of the information technology services will be free from error or
defect at all times. The CSP is responsible for ensuring its own obligations are met with
regard to its duties to protect the safety and welfare of citizens, regardless of the
functioning of the information technology of Weld County. Weld County is not liable for
any stoppage, delay, or impairment pursuant to this Agreement where such stoppage,
delay, or impairment result from acts of God, fire, war, legal or equitable proceeding, or
any other cause which is outside the control of the County.
10. Governmental Immunity: No portion of this Agreement shall be deemed a waiver,
express or implied, of any immunities, rights, benefits, protections, or other provisions
which a party, or its officers, employees, or agents, may possess pursuant to the Colorado
Governmental Immunity Act § 24-10-101, et seq., C.R.S., as applicable now or hereafter
amended.
11. Choice of Law/Venue/Compliance with Law: Colorado law, and rules and regulations
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws,
rules and/or regulations shall be null and void. The proper venue for any action regarding
this agreement shall be Weld County. All parties agree to comply with any applicable
federal, state, or local laws, rules, and regulations.
12. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this
Agreement is for any reason held or decided to be invalid or unconstitutional, such a
decision shall not affect the validity of the remaining portions. The parties hereto declare
that they would have entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or
more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared
to be unconstitutional or invalid.
13. Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action whatsoever by
any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be an incidental beneficiary only. This Agreement
is not intended to allow use of Weld County's information technology by other law
enforcement agencies.
14. Confidentiality: Each party agrees to abide by the terms of C.R.S. 24-72-201, et seq.
Each party shall be responsible for protecting confidential information, and shall follow
commonly accepted procedures and standards for maintaining such confidentiality.
Weld County will provide a secured network as outlined in the information provided in
Chapter 9 of the Weld County Code. The CSP is responsible for the security and privacy
of the information it transmits over the Weld County network.
15. Insurance: Each Jurisdiction shall maintain its own insurance coverage, for both
liability and damage, for the personnel and/or equipment using the network.
16. Fund Availability: Nothing in this Agreement shall be construed to require the Weld
County Board of County Commissioners to provide funding for any purpose under this
Agreement.
17. Independent Agencies: Nothing in this Agreement shall be construed to make the
parties partners, agents or employees of the other. The relationship between the parties is
intended to be that of independent contractors and this Agreement shall be construed to
fulfill that intent.
18. Notice: The CSP shall designate a representative, who shall make, within the scope of
his or her authority, all necessary decisions with respect to this Agreement. This
representative also shall serve as the contact point for communications regarding this
Agreement.
Notification Information:
Colorado State Patrol:
Name: Major Tim Keeton
Address: 5400 11th Street, Suite C
Address: Greeley, CO 80634
E-mail: tim.keeton@state.co.us
Facsimile:970-506-4982
County:
Name: Ryan Rose
Position: Chief Information Officer
Address: 1401 North 17th Ave
Address: Greeley, CO 80631
E-mail: rrose@weldgov.com
Facsimile: 970-304-6572
ATTEST: Walt& SC .6C, BOARD OF COUNTY COMMISSIONERS
Weld Cc uv ' erk to the Boa a WELD COUNTY, C L ADO
BY:
Deputy Clerk to the Boa test t. /-) _1 Barbara Kirkmeyer, Chair MAR 1 2015
APPROVED AS Te---3,,62,4OE ,'se'•*. 'jx,., ,/ APPI O"�'ED AS T ) SUBSTANCE:
ON /: '//-_---- 4,„
Controller —�I Weld County Sheriff -
APPR VED STO M: ___,..---------7
tr of Information Services
County Attorney
Colorado.State Patrol ) ,
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Major Tim Keeton
Colorado State Patrol
District 3 Commander
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