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HomeMy WebLinkAbout08721 ORDINANCE NO. 8721 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO COUNTY FOR SHARED INFORMATION TECHNOLOGY SERVICES AND INFRASTRUCTURE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement between the City of Pueblo, a Municipal Corporation, and Pueblo County, relating to shared information technology services and infrastructure, attached hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: _ March 24, 2014 BY: Chris Nicoll COUNCILPERSON PASSED AND APPROVED: April 14, 2014 City Clerk’s Office Item # R-5 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: March 24, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Lori Pinz – Information Technology Director SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO COUNTY FOR SHARED INFORMATION TECHNOLOGY SERVICES AND INFRASTRUCTURE SUMMARY: Attached is an Intergovernmental Agreement between the City of Pueblo and Pueblo County concerning shared information technology services and infrastructure. PREVIOUS COUNCIL ACTION: None BACKGROUND: Over the last decade, the City of Pueblo and Pueblo County Information Technology (IT) Departments have partnered together on several different types of technology projects. Through this cooperation, both entities have established and are maintaining one or more high speed network connections between several City and County agencies. City and County are sharing GIS (Geographical Information System) system and services as well as a Planning and Development application used by both agencies. This partnership allows the City and County IT to cost share and leverage efforts to establish vital infrastructure and services utilized by both organizations. This Intergovernmental Agreement documents the promises and conditions made by both entities on these joint projects. FINANCIAL IMPLICATIONS: Annual maintenance and support costs for the GIS, and the Planning and Development system will continue to be appropriated through the City’s annual budget process. Joint fiber infrastructure has no recurring costs except for new infrastructure and repair costs. The City and County IT Director will work jointly together to cover any associated cost through funding appropriated during the annual budget process. BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: City and County Information Technology (IT) Directors and staff have met and worked jointly together over the last decade to share and design services and infrastructure that would benefit both entities. Both current and previous IT Directors have participated in this process and the City and County Attorney Offices have reviewed and approved the attached agreement. ALTERNATIVES: There are two options for the City and County should this ordinance not pass. Option 1 would be to remain as is. Existing agreements will be verbal or found in documentation that has been preserved or passed down through the years by each IT Director. Option 2 would be for each entity to separate and establish their own infrastructure requiring hundreds of thousands of dollars in capital costs. For example, if the City had to create its own GIS (Geographical Information System) environment, it would cost more than $100K in software licensing and server costs alone. RECOMMENDATION: Approval of the Ordinance. PROPOSED MOTION: This Ordinance will be placed on the March 24, 2014 Consent Agenda for First Presentation, and on the April 14, 2014 Regular Agenda for Final Presentation and Public Hearing. Attachments: Intergovernmental Agreement INFORMATION TECHNOLOGY COOPERATION AGREEMENT THIS AGREEMENT (the "Agreement ") is made and entered into this day of April 7, 2014, by and between the City of Pueblo, a Municipal Corporation ( "City") and Pueblo County, a political subdivision of the State of Colorado ( "County"). City and County may each be referred to herein as a "Party" or collectively as the "Parties." WHEREAS, the County has created and maintains certain electronic records and digital records which it uses and relies upon in connection with its authorized governmental activities, including a Geographic Information System ( "GIS "); and WHEREAS, City is a Colorado home rule city organized and existing under and by virtue of Article XX of the Colorado Constitution; and WHEREAS, the City exercises control and authority over the streets and other public rights of way located within the jurisdictional boundaries of the City; and WHEREAS, the City has created and maintains certain electronic records and digital records, including a GIS, which it uses and relies upon in connection with its authorized home rule powers and functions; and WHEREAS, both City and County have heretofore digitized public records and converted such records to GIS data and layers which are now contained in the GIS and databases maintained by each entity; and WHEREAS, both City and County have incurred expenses in digitizing data, and in obtaining digitized aerial photography which has been incorporated in the GIS of each entity; and WHEREAS, both City and County have expended public monies creating and maintaining the GIS and databases; and WHEREAS, City and County believe it is in the best interests of each entity and the public for them to fully share between City and County the electronic data contained in the GIS maintained by each, so as to enhance the accuracy, detail and value of the GIS of each entity; and WHEREAS, Sections 18(2)(a) and (b) of Article XIV of the Colorado Constitution and §29 -1 -203, C.R.S. authorize governments to cooperate or contract with one another "to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units "; and WHEREAS, City and County are lawfully authorized, either expressly or impliedly, to transfer data, signals, and other information by or among public facilities for authorized public purposes or use; and WHEREAS, City and County desire to enter into an agreement that enables them to share and maintain each entity's GIS data that are housed at the County on the County GIS servers; and 1 WHEREAS, the City has placed, and may place additional, conduit, wire, fiber optic and other facilities for the transmission of data, signals, and other information within the streets and rights of way within the City for public and municipal purposes, including but not limited to law enforcement, fire, traffic systems, intelligent traffic control, and geographic information systems (hereinafter collectively constituting and referred to as "City's Telecommunications System "); and WHEREAS, the City has heretofore temporarily authorized the County to use some transmission capacity with the City's Telecommunications System for County's purposes; and WHEREAS, City has certain rights, subject to limitations and restrictions, to install fiber optic cable and other communication facilities in right -of -way owned or controlled by the City of Pueblo on poles and in conduit owned by certain franchisees and/or licensee's of City from the downtown area of Pueblo out into and across the Pueblo Memorial Airport Industrial Park; and WHEREAS, County has placed fiber optic cable and other facilities for transmission of data within public rights of way for public purposes, including cooperative arrangements with City; and WHEREAS, County seeks access to certain overhead poles located within rights of way in the City of Pueblo for governmental telecommunication purposes; and WHEREAS, County seeks access to certain City-owned right -of -ways in the City of Pueblo for the purpose of installing and using fiber optic cable both over head and underground where necessary; and WHEREAS, City seeks access to certain County cable conduits for purposes of installing fiber optic cables for governmental telecommunication purposes; and WHEREAS, County has developed certain software known as the "PUEBLO COUNTY PLANNING & DEVELOPMENT SYSTEM ", hereinafter referred to as the "Planning Application ", and which is capable of adoption by City for use by City departments, and which County is willing to share with the City. NOW, THEREFORE, in consideration of the foregoing recitals, and the promises and conditions set forth below, City and County hereby agree as follows: SECTION I — GIS Cooperation A. During the term of this Agreement, City and the County hereby agree that the County shall grant access to the County's GIS as follows: 1. City and County will cooperate in establishing and maintaining one or more high speed network connections between the City and County agencies. Such connections will be utilized to allow access by the City to the County's GIS as well as other systems or services utilizing such fiber connections that both entities agree to share. The Director of City's Department of Information Technology ( "City IT Director ") and the Director of County's Department of Information Technology ( "County IT Director ") shall jointly determine the configuration for network connection and access, develop protocols for access control, provide passwords for City and County boards, commissions and employees, and otherwise cooperatively administer access to the system. Once any such high speed network connections are established between City and 2 County in compliance with the provisions of this Agreement, the same may remain in place during the term of this Agreement unless removal or disruption of such connection is mutually agreed upon by the Parties. 2. By mutual agreement, County may authorize or deny City authority to create, supplement, update, correct and modify County GIS data at any time. Agreements with other entities (utility providers, for example) may dictate County's authority to authorize City to view /edit certain data housed within County GIS databases. The County must give the City 30 days prior written notice to revoke or limit any access authorities stating the reasons therefor. 3. City access to County's GIS shall be unrestricted as to the use of the GIS data by the City Council and all other elected and appointed boards and commissions created under City's Charter and the employees of City and such boards and commissions, including the right to make back -up copies of complete GIS layers for City's use. Except for the zoning, utility and transportation data and GIS layers for areas within the City's corporate boundaries, City shall not make the County's GIS or associated database(s) available to third parties through any computer network or the Internet without prior authorization, consultation and cooperation of County. All other distribution of shared GIS data in computer readable form (i.e. DVD, CD or other media) shall be directed to County for response, unless, by mutual agreement, City and County conclude that individual requests may be conducted more expeditiously by City. 4. In order to best serve citizens, the data contained within City's GIS may be consolidated completely into County's GIS and maintained primarily on County's computer system, provided a complete mirror or copy of County's GIS data is maintained in City's computer network. (i) For so long as the Parties operate a merged GIS, City and County shall each have full access to GIS data and layers, subject to the protocols and access controls referred to in Section I.A.3 of this Agreement; (ii) Should the Parties discontinue operation of a merged GIS, City shall be provided with a complete copy of all authorized data in the merged GIS, as of the date of discontinuation, in order to be able to migrate back to a separate City GIS. County may retain a complete copy of any data in the County GIS which the City created, supplemented, updated, corrected or modified, as of the date of discontinuation. Neither Party shall charge the other for the retention of these static copies of data upon discontinuance of the merged GIS. 5. The terms GIS "layer," and "database" as used herein include data and geographical or geographic depictions of data but do not include and shall not be construed to include copyrighted operating system software or application software licensed to City or County which is used for viewing or manipulating such data. City and County are responsible for obtaining their own separate software licenses and will not reproduce software or make same available to third parties except in strict accordance with the terms of the licenses each entity holds. 6. The City agrees to pay the County the sum of $25,000 per year for the use of the County's GIS hosted service, GIS support, direct fiber access to GIS servers, access to updated aerial photography performed by the County, and access to GIS software. B. Nothing in this Agreement is intended as, nor shall it be construed to be, a sale of any title, 3 property or ownership interest in the City's or County's GIS or data. Ownership of the County's GIS and data is vested in County, subject to the rights granted to City by this Agreement. Ownership of the City's GIS and data is vested in the City, subject to the rights granted to County by this Agreement. The Parties each expressly reserve all rights in its GIS and data not expressly granted to the other Party by this Agreement. C. City will be responsible for the costs incurred by City in establishing a high -speed connection to the County's GIS. Those costs may include, but are not limited to, fiber -optic lines, radio antennae, routers, firewalls, switches, third -party service fees, installation costs and any necessary software licenses. The connection to the County's GIS must conform to Pueblo County IT security standards and must not conflict with or cause interference with any other lawful existing connections. D. In the event City receives a request under the Colorado Open Records Act (CORA) for inspection or copying of County's GIS, it will promptly notify County of same and respond to the requesting Party that the request should be redirected to the County. In the event an action is commenced against City under CORA seeking County's GIS records, City will promptly notify County of same and allow County the opportunity to defend such action at County's cost and expense. If the County does not timely notify City that it will defend any such action, City may defend or settle such action on any basis it deems reasonable. E. Each Party expressly agrees that its use of the other Party's GIS or data is at using Party's sole risk and undertaking. Each Party understands and acknowledges that the City's GIS data and County's GIS data are subject to constant change and that its accuracy and completeness cannot be and is not guaranteed. CONSEQUENTLY, ALL GIS DATA IS DISTRIBUTED ON AN "AS IS" BASIS. THE PARTIES MAKE NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF THE GIS, NOR ACCEPT ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED. OF TITLE OR MERCHANTABILITY OR FITNESS OF SUCH GIS DATA FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE RESPONSIBLE NOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF USE OF THE GIS OR INABILITY TO USE THE GIS, OR OUT OF ANY BREACH OF ANY WARRANTY. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO WAIVE OR LIMIT ANY RIGHT OR DEFENSE AVAILABLE TO EITHER PARTY UNDER THE "COLORADO GOVERNMENTAL IMMUNITY ACT" OR ANY SIMILAR OR RELATED STATUTORY PROVISION. F. The Parties shall use their best efforts to provide correct information. However, the Parties make no warranties or guarantees, either expressed or implied, as to the completeness, accuracy, or correctness of the information provided to the other Party. SECTION II - Sharing of Fiber /Conduit Space A. Links available to County. The City makes available to the County certain links contained in the City's Telecommunication System as set forth and defined in Exhibit A, "City of Pueblo /Pueblo 4 County Fiber Ownership and Maintenance Tables ", which is incorporated herein by this reference and which shall be referenced hereinafter as "City Fibers ". 1. County Responsibilities. The use of City Fibers described in Section ILA above shall be on an "AS IS" basis, and CITY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE. County shall be solely responsible for the lighting, termination, test and maintenance of any fiber optic interconnect on its premises which County connects to any of the City Fibers; provided however, that County shall not connect any of County's facilities to the City Fibers until and unless same are approved in writing by City's Director of information Technology. Any facilities of County which are connected to the City Fibers shall comply with prevailing telecommunications industry standards (hereinafter "Technical Standards ") and shall be designed and operated so as not to damage or impair the fibers of the City's Telecommunications System. County shall be responsible for lighting the City Fibers and shall use the City Fibers only for lawful purposes and exclusively in furtherance of public or governmental functions. To the extent permitted by law, County agrees to indemnify and save City harmless from all loss or damage caused by or arising from County's interconnection with, or use of, the City Fibers. 2. Not a Conveyance. This Agreement grants to County only a right to use the City Fibers, provided County performs all obligations on its part to be performed hereunder. At all times, City shall retain ownership of the City's Telecommunications System, the Cable Links, and the City Fibers. The City reserves the right to use, control and regulate the use of the City Streets, roads, easements, other public places and the Rights of Way, and the space above and beneath the same. The City may require at County's sole cost and expense, the removal or relocation of County's telecommunication facilities if necessary or desirable, in the sole judgment of the City, for any public or municipal purpose or project. B. Links available to City. The County makes available to the City certain links owned by the County as set forth and defined in Exhibit A, "City of Pueblo /Pueblo County Fiber Ownership and Maintenance Tables ", which is incorporated herein by this reference and which shall be referenced hereinafter as "County Fibers ". 1. City Responsibilities. The use of the County Fibers described in Section II.B above shall be on an "AS IS" basis, and COUNTY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE. City shall be solely responsible for the lighting, termination, test and maintenance of any fiber optic interconnect on its premises which City connects to any of the County Fibers; provided however, that City shall not connect any of City's facilities to the County Fibers until and unless same are approved in writing by County's Director of Information Technology. Any facilities of City which are connected to the County Fibers shall comply with prevailing telecommunications industry standards (hereinafter "Technical Standards ") and shall be designed and operated so as not to damage or impair the fibers owned by the County as set forth in Exhibit A. City shall be responsible for lighting the County Fibers and shall use the County Fibers only for lawful purposes and exclusively in furtherance of public or governmental 5 functions. To the extent permitted by law, City agrees to indemnify and save County harmless from all loss or damage caused by or arising from City's interconnection with, or use of, the County Fibers. 2. Not a Conveyance. This Agreement grants to City only a right to use the County Fibers, provided City performs all obligations on its part to be performed hereunder. At all times, County shall retain ownership of the County Fibers. C. Joint Telecommunication Infrastructure System. City and County have built, or contributed materials to, a joint project with funding from both entities as well as grant funds from the CSEP Program, to create the fiber links as described in Exhibit A. Joint Telecommunication Infrastructure System shall mean the City Fibers, County Fibers, shared pathways and attachments as described in this Agreement and Exhibit A. D. Maintenance and repair of fibers. The City will, at its sole cost and expense, be responsible for scheduling, directing, and supervising all maintenance and repair to City owned fiber. The County will, at its sole cost and expense, be responsible for scheduling, directing, and supervising all maintenance and repair to County owned fiber. Notwithstanding the foregoing, the City and County IT Directors may agree to coordinate efforts and resources to jointly maintain and repair City and County owned fibers in which case, the City and County IT Directors will determine how the costs of the maintenance or repairs should be allocated between the parties subject to the approval of Pueblo City Council and /or Pueblo County Commissioners, if necessary. E. If either the City's or County's use of the Joint Telecommunication Infrastructure System under this Agreement should be restricted, interrupted, prevented or interfered with by causes beyond either's control, including but not limited to acts of God, fire, explosion, vandalism, electrical outage, cable cut, storm or similar occurrence, any law, order, regulation, direction, action or request of the United States government or state or local government, or of any department, agency, commission, court, bureau or other instrumentality of anyone or more of said governments, or of any civil or military authority, or by national emergency, insurrection, riot, war, strike, lockout, work stoppage or other labor dispute, supplier failure, shortage, breach or delay, or failure of serving utility, then City and County shall be excused from all obligations under this Agreement to each other, and the sole remedy shall be limited to termination in accordance with the provisions of Section IV.A of this Agreement. F. The rights of City and the County to use poles, conduits, and other structures are subject to the terms, provisions, limitations and restrictions set forth in certain applicable agreements, franchises, licenses, and other instruments. No representations are made by either Party as to the others right to use or share any fiber, conduit space, or pole attachment subject to a third party agreement. In the event any party to any third party agreement reasonably determines that the other party is not authorized to use, in whole or in part, conduit, poles, fiber or other facilities subject to any third party agreement, or that such use constitutes a violation or breach of any third party agreement, the City and County will cooperate in order to negotiate a mutually acceptable resolution with the parties to the third party agreement. If a mutually acceptable resolution cannot be reached within thirty (30) days of the date of the notice of violation or breach, then the Parties shall be required to immediately cease all use and operation alleged to be unauthorized or a violation or breach of the Third Party Agreement. Upon any such occurrence, the Parties agree to meet and discuss alternate routes for telecommunication facilities which may be authorized or which do not constitute a violation or breach of any Third Party Agreement. The City or County shall be 6 solely responsible for all cost and expense related to the relocation of its respective telecommunication facilities. SECTION III - Planning Application A. As stated in the Recitals above, County has developed a software application referred to as the "Planning Application." County agrees, as part of the consideration for this Agreement, to furnish the source code for the Planning Application to the City for use and adoption by City in the manner the City desires. Currently, the system is hosted on Pueblo County servers and will be available for City use under the terms of this Agreement. B. The City agrees that its use of the Planning Application is subject to the following terms and conditions: 1. The City is hereby granted a non - exclusive right to freely use the Planning Application for any lawful purpose. As part of such authorized use, the City may freely adapt and modify the Planning Application for its own use within the City organization. The City is also authorized to use, distribute and disseminate any data that resides in the Planning Application, as well as any reports or other output produced by the Planning Application. 2. The City will be responsible for any applicable software licenses for the Progress database software used in the development of this application for City users. 3. The City is NOT permitted to sell, disclose or disseminate the source code for the Planning Application, except to its officers, employees and contractors, 4. The City agrees to indemnify and hold harmless the County as the Developers of the Planning Application, from any and all damages, either direct or consequential, related to the City's use, or installation, of the Planning Application; except that City does not indemnify County from or against any claim that the source code in the Planning Application as provided by County to City infringes any copyright held by a third party. The City acknowledges that the County expressly disclaims any and all warranties with respect to the Planning Application, including any warranty of fitness for a particular purpose and use. C. If the City desires County to furnish any technical assistance, consulting, training, or services with respect to the Planning Application, it may request same and County may, in its discretion, provide same. The Parties may also, by subsequent mutual agreement in writing, provide for County to furnish additional technical assistance to City at a compensated rate sufficient to reimburse County for its labor and other costs associated with providing the technical assistance D. If the City discontinues its use of the Planning Application, the County will provide a copy of the City data to the City. County shall not, under any circumstances, be entitled to any compensation for provision of such assistance unless a written agreement governing same has first been duly authorized and executed. SECTION IV - Additional Terms A. Termination. The term of this Agreement shall commence on the date first above written and shall remain in effect (subject to appropriation of funds by the City and County) until either Party 7 provides 365 days advance written notice to the other Party that they wish to terminate this agreement either in whole or in part without cause. After termination, each Party shall be entitled to possession and continued use of copies of all GIS layers, datasets and data created, supplemented, updated, corrected, or modified by said Party during the term of this Agreement, as well as a static copy of the entire GIS database as of the date of termination, as provided in, and subject to the limitations of, Section I of this Agreement. Upon termination, each party shall disconnect from and cease use of all Subject Fibers in the Joint Telecommunication Infrastructure System owned by the other party. City will cease all connections to County systems and GIS data on County hosted systems. B. Abandonment. By written notice, either Party may abandon the use of its fiber optic cable or conduit in any of the rights -of -way or properties described herein, and the obligations in this Agreement pertaining to the particular cable or conduit abandoned shall terminate, subject to payment of all outstanding repair costs. Either Party may abandon the use of its fiber optic cable or conduit by giving the other Party written notice at least one year in advance of the abandonment date. 1. If the City of Pueblo, the County of Pueblo, or Pueblo County CSEPP abandons its use of the fiber strands in the Joint Telecommunication Infrastructure System allotted to it under this Agreement, the rights of the remaining entities to use and control their allotted fiber strands in the Joint Telecommunication Infrastructure System will be unchanged; provided, however, that routine and extraordinary maintenance shall be the responsibility of the remaining Parties not abandoning fiber. Further, if any entity allotted fiber strands in the Joint Telecommunication Infrastructure System under this Agreement abandons its strands, then the use and control of the abandoned strands will be negotiated between the remaining entities. In addition, if CSEPP ceases to exist as an entity separate from Pueblo County, then the fiber strands in the Joint Telecommunication Infrastructure System allotted to it under this Agreement will immediately be allotted to Pueblo County and will remain under the control of Pueblo County for the duration of this Agreement. C. The Parties hereto agree that this Agreement shall be construed, interpreted and enforced according to the laws of the State of Colorado. D. Neither this Agreement nor the rights granted by it shall be assigned or transferred by either Party under any circumstances whatsoever. This restriction on assignments and transfers shall apply to assignments or transfers by operation of law, as well as by contract, merger, or consolidation occurring after the date of this Agreement. Any attempted assignment or transfer in derogation of this prohibition is void. E. Nothing contained herein shall imply or constitute an employer /employee relationship, a joint venture, partnership, or other association between County and City. F. This Agreement constitutes the entire Agreement between the Parties and supersedes and replaces all prior and contemporaneous agreements, representations, and understandings. No amendment or modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made in writing and signed by duly authorized officers of both the City and the County. This Agreement shall be binding upon, and inure to the benefit of, the Parties to it and their respective successors and assigns. Any delegation or assignment of this Agreement by either Party without the prior written consent of the other Party shall be void. 8 G. Liability Exposure. Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, C.R.S. §24 -I0 -101, et seq., by City or County. H. Modifications. This Agreement may not be modified or amended in any manner by either or both of the Parties unless the same is set forth in a written agreement making reference to this Agreement and signed by the Parties hereto. No waiver of any of this Agreement's provision or conditions shall be binding unless made in writing and signed by the Chair of the Board of County Commissioners and the President of the City Council. I. Binding Agreement. When executed by the Parties, this Agreement shall constitute a binding Agreement and shall be binding upon and inure to the benefit of the Parties and their respective legal representatives and successors. J. Severable. If any provisions of this Agreement shall be determined invalid, illegal, or without force by a Court of Law or rendered so by legislative act, the remaining provisions shall remain in full force and effect. K. Waiver. Failure to exercise any remedy which either Party may have under this Agreement or any other acquiescence by one Party shall not constitute a waiver of any obligation of the defaulting Party hereunder. L. Notices. All notices required under this Agreement shall be sent in writing by certified or registered mail, return receipt requested, to the following addresses, or such other address as any Party shall hereafter designate in writing to the other party: If to City: City of Pueblo Attn: City Manager 200 South Main Street Pueblo CO 81003 with a copy to: City Attorney One City Hall Place Pueblo, CO 81003 If to County: Pueblo County, Colorado Attn: Pueblo County Attorney 215 W. 10` St. Room 312 Pueblo CO 81003 M. Captions. Captions and headings used in this Agreement are for identification only and shall be disregarded in any construction or interpretation of the provisions of this Agreement. N. Subject to Law. This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or 9 multi -year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, or the Board of County Commissioners of Pueblo County, contrary to Article X, §20 of the Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this Agreement, with respect to any financial obligation of City or County which may arise under this Agreement in any fiscal year after 2014„ in the event the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default by or breach of this Agreement, including any sub - agreement, attachment, schedule or exhibit thereto, by the party unable to perform due to insufficient appropriations. O. No Third Party Beneficiary. Enforcement of the terms and conditions of this Agreement shall be strictly reserved to the City and County and nothing contained in this Agreement shall give or allow any claim or right of action by any other party or third person. P. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year first above written. PUEBLO COUNTY, COLORADO CITY OF PUEBLO Y _... BY I/. • /A 4 '/ - : LAY, o ard f ty Presi a ent of the City Council 0 Commissioners ATTEST: ATTEST: B %1 By P '1„ 40111. County Clerk and Reco'der City Clert .w‘4"-- 10 O ,Fa i','..."':'''''''''''''''''-''''''''''''..''''''' ,,=.W o N 7 O V) U y x r ° - 14 w Q o. a a a . n. a i a 0 O - O O O O o 1::::::.''' O O O ' U0. o,U i + L L T T . + a� ° o. a a 3 © N F 3 U c U o. 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Q ;, P ',. .r N 7t 3t x , _ 7 O 7 • 7 'O O 0 0 4 oq 1 � G 4 z ::z tz z • . <k . - • : - - a <« - : ' 2 - a - O •1- c - / ' , : u z k , 0 c \ >: a 0 ^ « y . \� y > 6 ' %§ -.It''..',':7-C.g: / • � / »\ . / x >y 2 • = - w«2w \} ( \ { \ �:®2 <� - q " » \ / # ƒ \ -:n::`.:: 2 - / - \ : - \/ ® \ . k & § 2 2 % \ ( / � k 7:1 / ( 0 « - %o / \ . % ƒ 0 \ \ f i t `>) ƒ - / \ _ &\3 2 0 = & z 4 .) , .. ,- ;T:-7,-';:.. ,, . mw m� - - C « eo « . p\a :§ . • - :,::, 2 if-1 ] -- }3 irf . z« z \ : ( FIRST AMENDMENT TO INFORMATION TECHNOLOGY COOPERATION AGREEMENT This First Amendment to Infotion Tec ology, Cooperation Agreement ("Amendment") is made and entered into this / day of -r--�- . , 2014, by and between the City of Pueblo,a Municipal Corporation("City") and Pueblo County,a political subdivision of the State of Colorado ("County"). City and County may each be referred to herein as a "Party" or collectively as the "Parties." WHEREAS, the Parties entered into an Information and Technology Cooperation Agreement on April 7, 2014, ("Agreement") relating to the sharing of GIS information and coordinating the placement of conduit and fiber within the streets and rights of way within the City for public and municipal purposes; WHEREAS, Exhibit A to the Agreement generally describes the placement of the fiber and conduit; WHEREAS, the Parties desire to modify the location of the installation and placement of conduit and fiber and modify Exhibit A to reflect the same; NOW, THEREFORE, in consideration of the foregoing recitals, and the promises and conditions set forth in the Agreement and herein below, City and County hereby agree as follows: 1. Modification of Locations. Exhibit A to the Agreement is hereby amended to include the modifications identified in Exhibit A-1,a copy of which is attached and made a part hereof. Exhibit A-1 supersedes and replaces Exhibit A. Upon full execution of this First Amendment,the Parties are permitted to do all work necessary to prepare, install, alter, and maintain the fiber and conduit connections as more fully described and contemplated in Exhibit A-1. 2. Remaining Provisions. Except as expressly modified herein by this Amendment, the Agreement shall remain in full force and effect. Except as expressly modified herein, any obligations remaining to be performed by the Parties are not waived but shall be fully performed in accordance with the terms of the Agreement. 3. Counterparts. This Amendment may be executed in two or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF,the Parties hereto have entered into this Agreement the day and year first above written. PUEBLO COUNTY, COLORADO CITY OF PUEBLO By c � By-2/ . airman and of o Commissioners Sam Aza , Manager 1 Exhibit A-1 City of Pueblo/Pueblo Fiber Current as of 8/4/2014 `t ADDRESS :ADDRESS °' Pueblo City of Pueblo ` ' ` ' ' r (From) (To) County ' Pueblo County LINK l County's Judicial Building Colorado Department of ("Old Judicial") Transportation("CDOT") Right of Way COP Overhead/Poles N/A Underground/Conduit COP Ownership Fiber Ownership 48 Fiber allocation/Reserved 16 16 16 Capacity LINK 2 CDOT CDOT Right of Way COP Overhead/Poles COP Underground/Conduit COP Ownership Fiber Ownership 96 Fiber allocation/Reserved 16 64 16 Capacity LINK 3 CDOT Highway 47/Pete Jimenez Parkway Right of Way COP Overhead/Poles COP Underground/Conduit COP Fiber Ownership 36 Fiber allocation/Reserved 12 12 12 Capacity LINK 3A 4TH Street Portland Ave. Right of Way COP Overhead/Poles COP Underground/Conduit COP Fiber Ownership 60 Fiber allocation/Reserved 12 36 12 Capacity LINK 3B 4th Street Beaumont St. Right of Way COP Overhead/Poles COP Underground/Conduit COP Fiber Ownership 60 2 • ADDRESS ADDRESS Pueblo City ofPueCoublntyfo (From) � (To) County ,Pueblo ,(CSEPP)h Fiber allocation/Reserved 12 36 12 Capacity 471 LINK 4 Highway 47/Pete Jimenez Parkway Jetway/William White Right of Way GOV Overhead/Poles Underground/Conduit GOV Fiber Ownership 36 Fiber allocation/Reserved 12 12 12 Capacity LINK 4A Jetway/William White IDS Facility Right of Way GOV Overhead/Poles Underground/Conduit GOV Ownership Fiber Ownership 24 Fiber allocation/Reserved 8 8 8 Capacity ..r„ LINK 4B Jetway/William White Skyway/William White Right of Way GOV Overhead/Poles Underground/Conduit GOV Fiber Ownership 36 Fiber allocation/Reserved 12 12 12 Capacity LINK 4C Skyway/William White Airport Right of Way COP Overhead/Poles COP Underground/Conduit Fiber Ownership 36 Fiber allocation(In Kind)/ 12 12 12 Reserved Capacity LINK 4D Skyway/William White Pueblo County Road and Bridge Right of Way COP Overhead/Poles Underground/Conduit GOV Fiber Ownership 24 Fiber allocation(In Kind)/ 8 8 8 Reserved Capacity 3 ;`- ADDRESS 'ADDRESS Pueblo City of '��Pueblo 3 d� ' i(From) ,t (To)R County Pueblo "County F 'S G 4 1 h drab LINK 5 Old Judicial Old Judicial Manhole Right of Way COP Overhead/Poles N/A Underground/Conduit GOV Fiber Ownership 144 0 Fiber allocation(In Kind)/ 72 72 Reserved Capacity LINK 5A Old Judicial#2-EOC New Judicial Building Right of Way COP Overhead/Poles N/A Underground/Conduit GOV Fiber Ownership 144 Fiber allocation/Reserved 72 72 Capacity LINK 6 Old Judicial New ESC Right of Way COP Overhead/Poles N/A Underground/Conduit GOV Fiber Ownership GOV 144 Fiber allocation/Reserved 4 Capacity LINK 7 Old Judicial#2 District Attorney's Right of Way COP Overhead/Poles N/A Underground/Conduit Fiber Ownership 36 Fiber allocation/Reserved 24 12 Capacity 4 FIRST AMENDMENT TO INFORMATION TECHNOLOGY COOPERATION AGREEMENT This First Amendment to Infotion Tec ology, Cooperation Agreement ("Amendment") is made and entered into this (K day of -�1�. , 2014, by and between the City of Pueblo,a Municipal Corporation ("City")and Pueblo County, a political subdivision of the State of Colorado ("County"). City and County may each be referred to herein as a "Party" or collectively as the "Parties." WHEREAS, the Parties entered into an Information and Technology Cooperation Agreement on April 7, 2014, ("Agreement") relating to the sharing of GIS information and coordinating the placement of conduit and fiber within the streets and rights of way within the City for public and municipal purposes; WHEREAS, Exhibit A to the Agreement generally describes the placement of the fiber and conduit; WHEREAS, the Parties desire to modify the location of the installation and placement of conduit and fiber and modify Exhibit A to reflect the same; NOW, THEREFORE, in consideration of the foregoing recitals, and the promises and conditions set forth in the Agreement and herein below, City and County hereby agree as follows: 1. Modification of Locations. Exhibit A to the Agreement is hereby amended to include the modifications identified in Exhibit A-1, a copy of which is attached and made a part hereof. Exhibit A-1 supersedes and replaces Exhibit A. Upon full execution of this First Amendment, the Parties are permitted to do all work necessary to prepare, install, alter, and maintain the fiber and conduit connections as more fully described and contemplated in Exhibit A-1. 2. Remaining Provisions. Except as expressly modified herein by this Amendment, the Agreement shall remain in full force and effect. Except as expressly modified herein, any obligations remaining to be performed by the Parties are not waived but shall be fully performed in accordance with the terms of the Agreement. 3. Counterparts. This Amendment may be executed in two or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement the day and year first above written. PUEBLO COUNTY, COLORADO CITY OF PUEBLO B - /i► ci BY Y 1\1-\1\--\ airman and of o Commissioners Sam Aza , City Manager 1 Exhibit A-1 City of Pueblo/Pueblo Fiber Current as of 8/4/2014 ADDRESS ADDRESS Pueblo City of Pueblo (From) (To) County Pueblo County (GOV) (COP) (CSEPP) LINK 1 County's Judicial Building Colorado Department of ("Old Judicial") Transportation("CDOT") Right of Way COP Overhead/Poles N/A Underground/Conduit COP Ownership Fiber Ownership 48 Fiber allocation/Reserved 16 16 16 Capacity LINK 2 CDOT CDOT Right of Way COP Overhead/Poles COP Underground/Conduit COP Ownership Fiber Ownership 96 Fiber allocation/Reserved 16 64 16 Capacity LINK 3 CDOT Highway 47/Pete Jimenez Parkway Right of Way COP Overhead/Poles COP Underground/Conduit COP Fiber Ownership 36 Fiber allocation/Reserved 12 12 12 Capacity LINK 3A 4TH Street Portland Ave. Right of Way COP Overhead/Poles COP Underground/Conduit COP Fiber Ownership 60 Fiber allocation/Reserved 12 36 12 Capacity LINK 3B 4`h Street Beaumont St. Right of Way COP Overhead/Poles COP Underground/Conduit COP Fiber Ownership 60 2 ADDRESS ADDRESS Pueblo City of Pueblo (From) (To) County Pueblo County (GOV) (COP) (CSEPP) Fiber allocation/Reserved 12 36 12 Capacity LINK 4 Highway 47/Pete Jimenez Parkway Jetway/William White Right of Way GOV Overhead/Poles Underground/Conduit GOV Fiber Ownership 36 Fiber allocation/Reserved 12 12 12 Capacity LINK 4A Jetway/William White IDS Facility Right of Way GOV Overhead/Poles Underground/Conduit GOV Ownership Fiber Ownership 24 Fiber allocation/Reserved 8 8 8 Capacity LINK 4B Jetway/William White Skyway/William White Right of Way GOV Overhead/Poles Underground/Conduit GOV Fiber Ownership 36 Fiber allocation/Reserved 12 12 12 Capacity LINK 4C Skyway/William White Airport Right of Way COP Overhead/Poles COP Underground/Conduit Fiber Ownership 36 Fiber allocation(In Kind)/ 12 12 12 Reserved Capacity LINK 4D Skyway/William White Pueblo County Road and Bridge Right of Way COP Overhead/Poles Underground/Conduit GOV Fiber Ownership 24 Fiber allocation(In Kind)/ 8 8 8 Reserved Capacity 3 ADDRESS ADDRESS Pueblo City of Pueblo (From) (To) County Pueblo County (GOV) (COP) (CSEPP) LINK 5 Old Judicial Old Judicial Manhole Right of Way COP Overhead/Poles N/A Underground/Conduit GOV Fiber Ownership 144 0 Fiber allocation(In Kind)/ 72 72 Reserved Capacity LINK 5A Old Judicial#2-EOC New Judicial Building Right of Way COP Overhead/Poles N/A Underground/Conduit GOV Fiber Ownership 144 Fiber allocation/Reserved 72 72 Capacity LINK 6 Old Judicial New ESC Right of Way COP Overhead/Poles N/A Underground/Conduit GOV Fiber Ownership GOV 144 Fiber allocation/Reserved 4 Capacity LINK 7 Old Judicial#2 District Attorney's Right of Way COP Overhead/Poles N/A Underground/Conduit Fiber Ownership 36 Fiber allocation/Reserved 24 12 Capacity 4