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HomeMy WebLinkAboutresolution.council.080-06 RESOLUTION # cto (Series of 2006) A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, AND PITKIN COUNTY, COLORADO, SETTING FORTH THE TERMS AND CONDITIONS REGARDING INFORMATION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, and Pitkin County, Colorado, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, and Pitkin County, Colorado, regarding Information Services, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. ~~ ./ Dated: _." C . / ~CO~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held September 2'-; 2006. City of AspenlPitkin County Inter-governmental Agreement for the Management of the Joint Information Systems Department Joint Agreement No. THIS AGREEMENT, made by and between the City Council of the City of Aspen" Colorado, a municipal corporation and home-rule city, created pursuant to Article XX of the Colorado Constitution ("City"), and the Board of County Commissioners of Pitkin County, Colorado, a home-rule county created pursuant to Article XIV, Section 16 of the Colorado Constitution ("County"). Recitals 1. The City and County have purchased computer and telephone systems that are appropriate to service the needs of both the City and the County. 2. Both the City and County have need for adequate computer and telephone facilities and services and have determined that the joint funding of system acquisition, maintenance, and services would be advantageous to both entities. 3. Both the City and County are authorized by Section 29-1-203, Colorado Revised Statutes to enter into inter-governmental contracts for the purpose of providing any function, service, or facility lawfully authorized to each of the cooperating governmental units, provided any such contract receives the approval of the legislative bodies of the respective governments. 4. The City and County have previously entered into a Joint Use of Facilities Agreement effective January 19, 1976, and amended by a Joint Data Processing Agreement, effective March 9, 1984. Agreement In consideration of the parties' mutual promises, the parties agree as follows: 1. Effect of Agreement. This Agreement replaces the Joint Use of Facilities Agreement effective January 19, 1976, and the Joint Data Processing Agreement, effective March 9, 1984. 2. Administrative Structure. A. The Information Systems ("IS") Department is a joint department of the City and County as defined in this Agreement. B. Personnel: 1. An Information Services Director shall be employed by the City who shall report to and be supervised by the City Manager or his/her designee. The City Manager shall have the authority to terminate the employment of the Director in accordance with City personnel policies and procedures, but shall exercise this authority only after reasonable consultation with the County Manager. 10/12/2006G:\IS IGA FINAL.doc 1 2. The IS Director and all other personnel employed to work under the supervision of the Director shall be City Employees, subject to the City's payroll, benefits, and personnel policies and procedures (including disciplinary procedures). 3. The Director shall work under the supervision of the City Manager or designee and shall receive work assignments from the City Manager or designee. In addition to its other purposes, the Manager's Agreement shall serve as a conduit for the City and County to evaluate and prioritize technology related issues - through the Technology Review Committee, for implementation through this chain of reporting responsibility. 4. Nothing in this agreement shall create, or is intended to create, or shall be construed to constitute a contract of employment, express or implied, between the IS Director, and the City or the County." C. Management of the IS Department is delegated to the City and County Managers (the Managers). The current management and structure of the IS Department is set forth in the Joint IS Department Managers Agreement dated _ (the "Managers' Agreement"). As set forth in the Manager's Agreement, the Managers must approve any changes to the IS -Administrative Structure Agreement. Should any operational changes include a change in budget, each Manager will follow his/her organization's budget approval policies and processes. D. The City of Aspen will administer the IS Department. All IS staff will be subject to the administrative and human resource regulations of the City. E. Partnership intent. While the administrative structure of the IS department under this agreement is unambiguously designated as a City Department in terms of personnel and budget, the intent and spirit of the agreement otherwise is to reflect a partnership relationship in the character of the department's operations. 3. Customers. The customers of the IS Department include all City and County Departments, as well as outside entities and the public. Current outside entity customers and public services provided are listed in the Managers' Agreement. Additional entities and additional public services may be added as agreed to by both Managers, upon such terms and conditions as the Managers shall establish. 4. Services and Supported Technologies. The IS Department will provide, manage, and coordinate all of the services necessary to support the technologies for which it is responsible. The addition of any new service or an increase in the service level of an existing service will be implemented as agreed to by the Managers. IS will support technologies that best meet the legal and business requirements of the City and County within the finite resources available for these technologies. The current list of approved services and supported technologies is included in the Managers' Agreement. Geographic Information System Services (GIS) will be organized as an operating budget section of the Joint IS Department, and GIS services will be provided to both the City and County, and all external customers under the terms and conditions of this agreement, the Managers Agreement, and the attachments to the Manager's Agreement. 10/12/2006G:\IS IGA FINAL.doc 2 5. Standards and Technologv Usage Policy Administration. IS will establish standards for all of the technologies supported and services provided, as approved by t e Managers and made part of the Managers' Agreement. The City and County each agr e to establish, review, implement, and enforce technology usage agreements and other policies related to the implementation, support, and use of the technologies for which t e IS Department is responsible by each entities" employees. The City and County agree 0 make such policies consistent between the two organizations to the extent practicable r d necessary for system security. Usage by external customers shall be addressed in the . ser agreements for such customers. 6. Financial Management. A. To the extent permitted by law, the City and County recognize the importan e of adequate funding, within the financial means of both organizations, the costs to acquire, maintain, and service the technologies supported for the agreed upon Custom r base. B. The financial rules, regulations, and policies of the City will apply to all operating budget expenditures, revenues, and year-end savings that are shared by the and County under this agreement. C. For capital expenditures, the financial rules, regulations and policies of the respective parties will be used for procurement of items that are not shared. If the ite s are shared, the financial rules, regulations, and policies of the City will apply. D. Operating Budget Process and Allocation. 1. The IS operating budget will be developed annually through the City Budget process, with input from the Managers. The County agrees to accept a I of the City policies in regards to the IS base operating budget. The IS Departm nt will work with the County Finance Department to provide in a timely manner II materials and information required by the County Budget process. All supplemental requests for shared expenditures, including but not limited to increases in staff, will require the approval of both the City and County. 2. The annual operating budget shall include funds necessary to reimbu se the City for the County's proportionate share of overhead expenses for personnel, finance, administration, legal, and asset management services consistent with D es charged to other City Departments. "Proportionate share" shall be based upon he final percentage of annual IS operating expenses incurred on behalf of Pitkin County. 3. Allocation of Operating Budget between the City and the County. T e allocation of the IS operating budget and all expenditures and revenues shall b determined by the Managers' Agreement. E. Capital Replacement. 1. The City and County agree to maintain a multi-year capital replacem nt plan for the assets that are required to operate, maintain, and service the shared Information Systems technologies. IS will maintain a published capital asset inventory to serve as a basis for cost sharing and asset replacement. The IS capital replacement plan will be approved by the Managers as part of the Managers' Agreement. 10/12/2006G:\IS IGA FINAL.doc 3 2. The City and County agree to determine cost allocation methodologi s for capital replacement of shared capital assets. Shared capital assets include equipment and software and associated costs acquired and maintained for the mutual benefit of the City and the County as agreed by the Managers. F. Disposition of capital assets. The Managers shall agree upon any shared ass t disposition. G. Reimbursement. The City and County agree to reimburse any IS expenses incurred under this Agreement by one party on behalf of the other. The parties agree t provide quarterly reconciliations, to be approved within 30 days and reimbursed withi 30 days after approval. The annual reconciliation payment shall be made within 30 da s of billing by the City. H. IS Operating Budget Savings. The City and County agree to accumulate IS operating budget savings according to the City of Aspen policy. These savings will be carried forward by each entity as IS savings on an annual basis. The IS director will make recommendations for the expenditure of these savings for the review and approv I of the Managers. 7. Term and annual review. This Agreement shall continue from year to year unless terminated by either party. Termination shall require advance notice to allow for one fiscal year of continued joint operations. The Agreement shall be reviewed annually b Managers. 8. Conflict resolution. In the event that the parties cannot resolve conflicts relating to he management of the IS Department, the Managers shall first attempt to resolve the con ict between them. If the managers are unable to resolve the conflict(s) internally they sha I agree upon a conflict resolution process managed by an independent party. The costs 0 such a resolution process shall be born equally by the City and the County. 9. Amendment process. This Agreement may be amended upon approval by both the Board of County Commissioners and the City Council. 10. Disposition of Assets upon termination. In the event of the termination of his Intergovernmental Agreement under paragraph 13 hereof, and the resulting dissolutio of the IS Department, the assets of the Authority shall be distributed as follows: a. All assets acquired prior to the date of this Agreement shall be alloc ted between the City and the County in accordance with their proportio ate contributions to the acquisition of the assets. Financial settlement and allocaf on of shared assets to be determined in a fashion as agreed upon by the Managers. b. All assets acquired by the IS Department after the date of his Intergovernmental Agreement from funds provided by the parties shall be distributed to the parties on the basis of the value of said assets at the tim of termination and in the same proportion as the respective contributions of funds by the parties for acquisition of the asset. 10/12/2006G:\IS IGA FINAL.doc 4 c. The City and the County, through the agreement of the Managers, ay agree to dispose of any assets of the IS Department in any other accept ble manner. d. If the City and the County cannot agree on the disposition of any asset of the IS Department within sixty (60) days prior to the effective date of termination, said assets shall be subject to an independent appraisal and shall be sold at pu lic auction as soon as practicable with the proceeds allocated to the City and the County in the same proportion as the total contribution of funds by the respec ive parties for acquisition of the asset. e. With respect to the employees. of the IS Department, the Managers s all agree on a fair method to assure that the County may offer employment to ity employees in the IS Department to assure that the County has the ability to re ain experienced employees if it so desires. 11. Workers' Compensation and Indemnification. a. Workers' Compensation. The employer of the respective employees s all provide workers' compensation coverage for their employees. F or the purposes of this Agreement, Pitkin County shall name the City of Aspen as additional insured on its general liability policy and the City shall name Pitkin County as additional insured on their general liability policy. b. Indemnification. 1. The City, within its legal ability to do so under the Constitutio of the State of Colorado and its home rule charter, agrees, to the full ex ent permitted by law, to indemnify and save harmless the County, its offi ers and employees, from all suits, actions or claims of any character brou ht because of or arising out of any injuries or damages received or sustai ed by any person, persons, or property on account of the operations of he City; or on account of or in consequence of any neglect by the City; or because of any act or omission, neglect, or misconduct of any IS Department employee engaged in the performance of his/her duties on behalf of the City or on behalf of the County in accordance with his Agreement. 2. The County, within its legal ability to do so under the Constitufon of the State of Colorado and its home rule charter, agrees, to the full ex ent permitted by law, to indemnify and save harmless the City, its officers nd employees, from all suits, actions or claims of any character brought because of or arising out of any injuries or damages received or sustai ed by any person, persons, or. property on account of the operations of, he County; or on account of or in consequence of any neglect by the Co ty; or because of any act or omission, neglect, or misconduct of any Co ty employee engaged in the performance of his/her duties on behalf of the County or on behalf of the City in accordance with this Agreement. 3. Neither the City nor the County waive the defenses or limitati ns on damages provided for in and pursuant to the Colorado Governme tal 10/12/2006G:\IS IGA FINAL.doc 5 Immunity Act (Sec. 24-10-101, et seq., C.R.S.), the Colorado Constitut on, their respective home rule charters or under the common law or the I ws of the United States or State of Colorado. 4. It is expressly acknowledged and understood by the parties he eto that nothing contained in this Agreement shall result in, or be construe as establishing an employment relationship not intended by the express te s of this Agreement. Personnel identified as County employees shall be for all purposes County employees. Personnel identified as City employees shall be for all purposes City employees. It is anticipated that City d County employees will be assigned to work on projects or assignments for either governmental entity in accordance with this Agreement. Not ing contained in this Agreement shall be construed to make such sha ing arrangements as evidence of an employee/employer relationship. No agent, employee, or servant of one party shall be, or construed to be, the employee of the other party. Each party to this Agreement shall be so ely and entirely responsible for its acts and for the acts of its employees during the performance of this Agreement. Approved by Board of County Commissioners Resolution _ Approved by Aspen City Council Resolution Signature provisions, attest 10/12/2006G:\IS IGA FINAL.doc 6 Manager's Agreement CITY OF ASPENIPITKIN COUNTY JOINT IS DEPARTMENT MANAGERS AGREEMENT I. Agreement 1) The Managers Agreement is established in accordance with the terms of the Intergovernmental Agreement ("IGA") between the City of Aspen and Pitkin Count) for joint Information Systems ("IS") services. The IGA and Managers Agreement are agreements executed in accordance with and intend to comply with the rules, regulaf ons and laws of the City of Aspen and Pitkin County as authorized by the Aspen City C uncil ("Council") and Pitkin County Board of County Commissioners ("BOCC"). 2) The Managers Agreement is intended to implement the IGA and establish the param ters for operating the Joint IS Department and to describe the processes for amending th se practices. 3) The Managers Agreement employs attachments to describe the current agreement in each operational area; and addresses the methods used to amend the attachments in the fu ure. This is done so that future amendments to a particular policy area can be implement d without necessitating renewal of the entire agreement. The current agreement under each operational area is documented in the Attachments to this agreement in the followin list. 4) The operational areas addressed are: a. Organization Chart [Attachment A] b. Customers [Attachment B] c. Services [Attachment C] d. Standards [Attachment D] e. Computer Usage Agreement [Attachment E] f. Budget & Cost Allocation [Attachment F] II. Administrative Structure 1. Oversight a. City Manager and County Manager ("Executive Managers ") The City and County Manager will meet with representatives of IS and the TRC s needed to discuss IS issues and approve any changes or negotiate C1,ny disagreem nts subject to their review. Changes subject to an Executive Manager review includ items listed in the operational areas below. b. Technology Resource Committee ("TRC") i. Purpose The purpose of the TRC is to establish a group oftechn01ogy providers, tec ology users, and management representatives to serve as an advisory resource for fostering communication, coordination, planning, and oversight in the techn ,logy realm. ! 10/12/2006 I ii. Membership , I Membership will target a broad representative group of major user communifies with an additional goal of approximately balanced representation between th City and County. I I I I G:\IS Mgr Agreement FINAL.doc 1 ._. 'l Manager's Agreement 1. Permanent Members (3). One representative of each City and County Finance/ AdministrationlManagement (or designee), plus the Information Systems Director. 2. Non-Voting Facilitator. 3. Appointed Members. City and County Managers may appoint members at their discretion, if mutually agreed upon. 4. Recruited Members. Members may be recruited by the TRC itself in order to maintain the complement or diversity of representation on the TRC. 5. Information Systems Staff. The IS Director may select a staff member to serve as an additional member. 6. The TRC currently set its own maximum membership at nine members (plus facilitator). The group may change this in the future. [See current TRC Membership in Attachment A: Organization Chart]. 7. TRC recommendations should allow avenues for providing minority or dissenting views to the majority decisions, as well as an "appeal" path to the Executive Managers. iii. Responsibilities. The TRC shall: 1. Review all technology related budget requests, agreements, policies and standards. Make recommendations to the requestor and the Executive Managers. 2. Provide leadership while exploring technology options, opportunities, and emerging trends. Make recommendations to the organizations and the Executive Managers. 3. Serve the organization as a resource. Assist with technology projects during the following project stages: i. Planning. Customers can come before the TRC to present technology ideas. They will be given guidance on the steps they will need to take to turn their ideas into workable projects. 11. Design/Procurement. TRC provides guidance on working through design and procurement issues. TRC provides expertise to assist. 111. Implementation/follow-up. During implementation, a TRC member(s) might attend implementation meetings or otherwise be involved in the implementation depending on the scope and nature of the project. iv. Attendance & Alternates Regular attendance is expected of all members. Members who cannot attend are expected to send an alternate representative, adequately briefed in advance and fully empowered to act in the member's absence. c. Information Systems Department ("IS ") The IS Department is a joint City & County department, administered by the City and overseen at the operational & budget level by the TRC and Executive Managers. The main areas of IS responsibilities are: implement technologies, administer systems, maintain systems and administer the IS Department. i. Administration 10/12/2006 G:\IS Mgr Agreement FINAL.doc 2 Manager's Agreement The City of Aspen will administer the Information Systems Department. All IS Staff will be subject to the administrative and human resources regulations 0 the City. ii. Mission The mission of the Information System Department is to provide effective d efficient services for the utilization of technology in order to assist the City 0 Aspen and Pitkin County in achieving their stated goals and objectives. iii. Goals Organizational Goals. The IS department will endeavor to implement and technology consistent with the goals and objectives established by the City the County. IS Departmental Goals. The IS Department will actively participate in the ity's Outcome Measure Program. Any goals or outcome measures established at a departmental level will include both the City and the County, subject to the agreement of the Executive Managers. III. Operational Areas 1) IS Department and TRC Organization Chart [Attachment A] i IS will maintain an organizational chart and submit it annually during the budget process or when modifications are proposed by the IS Director. The TRC struct e will be included on this document as well, subject to the change processes descri ed below. 11 Changes to Organization Chart. Changes to the IS structure in terms of subst tive modifications to the organization chart or job duties, material impacts on the typ s or levels of service, or changes to the staffing complement will be reviewed by the RC and then approved by the Executive Managers prior to adoption. Material chang s to service or staffing complement may also be subject to approval by the Council 0 BOCC, as determined at the Executive Manager's discretion. 2) Customers [Attachment B] i. Customer List. The Information Systems Department shall provide services to defined set of internal, related, and third party customers; the list of current appr ved customers is attached to this agreement as Attachment B: Approved Customer L'st iio Customer Eligibility 1. City/County Departments. All City and County departments and employe s shall be considered eligible Customers. 2. Other Entities. Other entities may be considered Customers based upon the recommendation of the Information Systems Director pertaining to the avail bility of resources and the ability to deliver requested services. Other entities may include other government agencies and third-party tenants. 3. Consultants/Contractors. Individuals or groups working with existing Cus omers may be considered Customers subject to the prior approval of the Informatio Systems Director. The Information Systems Director shall determine the im act of any specific request upon Information Systems resources. 10/12/2006 G:\IS Mgr Agreement FINAL.doc 3 Manager's Agreement 4. Public. The Information Systems Department may provide services directly 0 the Public. The Information Systems Director shall determine the impact of any specific request upon Information Systems resources. iii. Criteria for Consideration. Criteria for consideration includes resources available, impact on resources, levels of service, indirect and unallocated costs, unsupported technologies required, compliance with standards, impact on system security, and alignment with the goals and mission of the City and County. IV. Changes to the Customer List. The TRC will review, advise and recommend ch ges to the approved customer list and criteria for customer consideration to the Executi e Managers for approval. 3. IS Services [Attachment C] i. Services. Services refer to the types of activities performed by and/or supported by the . IS department on the data/voice networks and other technological platforms over which the IS Department has responsibility or participation. The services for which Information Systems Department is currently responsible are described in Attach C: Information Systems Services. 11. Unsupported Technologies, Tasks and Outsourced Support. The Standards document, Attachment D and the Computer Facilities Usage Agreement, Attac ent E, describe the permitted activities and the limitations of what activities that customers are not permitted to do on the joint network, and the devices customers are permitte to connect to the network. Non-permitted activities combined with unsupported technologies and services from this section represent the realm of activities outsi e of IS responsibility. Customers wishing to pursue unsupported items must petition he IS Director to either have them added to the Supported Services list, or negotiate an Approved Outsourced Activity (activities supported via a third-party vendor). Unsupported or unauthorized activities will not be permitted on the joint networ . Unresolved violations may be raised with the Executive Managers to be addressed through appropriate disciplinary action. iii. Service Level Agreements. The IS Department may negotiate service level agreements with customers which describe the type and extent of services perfo ed beyond the base service levels. IV. Customer Satisfaction. The satisfaction levels with the current services will be determined through a separate City and County survey conducted on an annual b sis. v. Service Level Outcome Measures. The IS Department will measure specific k y services areas through the use of Outcome Measures under the City of Aspen Ou come Measure Program. I VI. Changes to the Services List. The TRC will review, advise, and recommend to the Executive Managers for approval changes to the services list (including new services and approved outsourced support). 4 IS Supported Technology & Standards [Attachment D] 10/12/2006 G:\IS Mgr Agreement FINAL.doc 4 Manager's Agreement I Standards. Standards refer to the allowable & prohibited user activities on the networks; the approved devices for connecting to the networks; and the types of software applications that are standard and/or allowed on the networks; as well a the protocols for customer service response. The current standards for the techno log es supported by the Information Systems Department are described in Attachment Technology Standards and Attachment E, the Computer Facilities Usage Agreement. 11 Unauthorized Activities and Software. The Services List, Attachment C, de fin s the types of services performed and that are supported by IS. The unsupported technologies and services combined with unauthorized activities from this sectio represent the realm of activities outside of IS responsibility. Customers wishing 0 pursue unauthorized items must petition the IS Director to either have them modi led in the Standards, or otherwise negotiate an exception to the Standards. Performing unauthorized activities or installing prohibited software on the joint network is prohibited. Unresolved violations may be raised with the Executive Managers to be addressed through appropriate disciplinary and/or other measures. 111 Network Security Paramount. The IS department may take immediate unilater I action in terms of terminating connections, disabling accounts and other actions s deemed necessary in order to implement security response to any immediate sec . ty threats to.the network. The IS Department will follow up such actions with communications to the user and organization as appropriate to the nature of the t and actions taken. IV Changes to the Standards. Changes to the standards (including approved exce tions) will be reviewed by the TRC and recommended to the Executive Managers for approval prior to adoption. 5) Financial Management, Budget, and Cost Allocation [Attachment F] i. Cost Allocation. Many of the Financial Management topics are articulated in th IGA. The Managers Agreement addresses the specific basis for allocating actual joint osts of operations and capital projects/replacement as well as revenues attributable to technology operations. ii. Records. IS will maintain adequate records to allow for tracking and allocating to entities and projects using the allocation methods described below. Ill. Method of cost allocation. Operating and Capital costs follow the same general rules for allocation. Costs will be segregated into categories and each category allocat d upon pre-determined methods based on generally accepted cost-allocation methodologies. Categories include specifically identifiable activities (such as purchases of PCs and application servers) and broader general aspects of operati n (such as cost of maintaining the network). Methods include specific identificatio and allocation based on measurements of usage (such as the relative numbers ofPCs connected to the network). The current bases and measurements are described in Attachment F: Expenditure/Revenue Sharing. 10/12/2006 G:\IS Mgr Agreement FINAL.doc 5 Manager's Agreement V11. Vl11. 10/12/2006 IV. Methods versus Measurements. The methods used to allocate costs are negoti ted policies and subject to formal processes described below. The measurements are the periodic results of performing the agreed upon calculations. v. Reporting. The IS department will report to the TRC and Finance Directors at last once per year the actual results of the measurements used in allocating costs. Th swill be used for the formal joint cost accounting settlement. If costs are to be allocated more frequently than annually, actual or estimated measurements may be used; estimates will be adjusted to actual measurements at the end of the year. The measurements to be used for estimated allocation of the budget or project evalua ion may be based on prior actual measurements or the reasonable judgment of the IS I I Director. I VI. Changes in the categories and methods for allocation. Changes to the categor es and methods used for cost allocation will be reviewed by the TRC and recommended to the Executive Managers for approval prior to adoption. Capital Replacement Plans. The IS Department will maintain at least a five ye replacement schedule for technology capital items, capital replacement, expected projects, and ongoing associated costs such as maintenance agreements. These schedules are suQject to the existing budget review and approval processes. The replacement schedule will be reviewed by the TRC and recommended to the Exe utive Managers for approval. I I I IS Operating Budget Savings. The TRC will review IS Operating Budget Savifgs and recommend expenditures of these savings to the Executive Managers for approval. 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(/) fI) x <ci o o ~I W (.) 5 ~ W (/)1 (/) -I 01 :I: (.) ~ ~ 'E Q) E Q) ~ C) <I fI) Q; C) ro c: ro :2 G ~ t:: Q) > ~ }!JI E :J 1ii fI) ::::::: co o o N ;;:::.~ Ci5 Information Systems Department City of Aspen and Pitkin County Technolo2V Standards \ \saturn \x _ drive\ TRC\Managers _Agreement\A TT ACH _ D _Technology _ standards. doc Revised 6/15/2004 Attachment D Table of Contents I. INTRODUCTION .. .......................... ..... ...... ............... ................. ............. .......... ....... .................. ...... ...1 ' II. INFORMATION SYSTEMS OVERVIEW ................................................................................ ...1 A. PRINCIPLES OF OPERATION....................................................................................................... ...1 B. SUPPORT LEVELS......................................................................................................................... ... 1 C. HARDWARE AND SOFTWARE STANDARDS .....................................................................................2 D. CUSTOMER SUPPORT PRIORITIES....... .......... ........ ....... ........... ............... ................... ..... ...... ....... ... 3 \ \saturn \x _ drive\ TRC\Managers _ Agreement\A TT ACH _ D _Technology _ standards.doc Revised 6/15/2004 Information Systems - Technology Standards I. Introduction This document describes the set of standards that serve as the basis for acquiring implementing, and supporting technology in the City of Aspen and Pitkin County. II. Information Systems Overview A. Principles of Operation The following general principles are intended to serve as guidelines for the creatio and implementation of Information Systems' standards. . Finite Resources - The City of Aspen and Pitkin County shall provide finite resources 0 address computer and phone technology needs. Finite resources necessitate a planni approach, appropriate allocation of resources, prioritization of tasks, and the blending departmental and organizational goals. . Customer Service Orientation - The Information Systems Department shall collabora e with its customers to determine the need for, recommend, implement, and provide 0 - going support for computer and phone technology. . Open Technolo2V - The IS Department shall establish standards for and support "ope" computer technologies that permit the broadest range of custom'er options within context of finite resources and the desire to collaborate and share those resources. . Customer Independence - The IS Department shall encourage customer independen e through the definition of responsibilities, establishment of organizational standar s, training, and collaboration. B. Support Levels There are two fundamental levels of support; full and partial Full Support F or any technologies categorized as "fully supported", IS will provide a comprehen ive range of support services including consultation, assessment, acquisition, installation, admi . stration, backup, maintenance, operation, troubleshooting, training, and vendor liaison. (see doc ent "IS Services" for full descriptions) Partial Support Any software or hardware that is compatible with our network technologies and i used for legitimate City/County business purposes is eligible for "partial support". IS will provide subset of the support services listed under full support. At a minimum, IS will provide consultation d vendor liaison services. Any other specific services will depend upon staff knowledge and available resources and will be negotiated with the user(s) through a service level agreement. (see document" S Service Le Information Systems - Technology Standards vel Agreement") C. Hardware and Software Standards Information Systems will establish standards for computer and phone system s lized by the City and County. 1. Network Infrastructure CateJlorv Product Manufc. cturer Network Cabling Category5 - Voice and Data various Fiberoptic Cabling Campus and Backbone various Data Switches- Workgroup 3524,3508 Cisco Data Switches- Core 6509 Cisco Voice Switches- Workgroup 460-24-PWR Bay (N ortel Voice Switches- Core Option 11, Succession Branch Nortel Wan Router - Voice/Data various Cisco Remote Broadband Access WR54GI Truemobile 2300 LinksyslDel Router 2. Network Operations CateJlorv Product Manufa ('turer Operating System Windows 2003 w/ ActiveDirectory Microsoft Server Sized to application requirements Dell Firevvall fIardvvare IP380 Nokia Firewall So.ftware Checkpoint Firewall Checkpoint ~ystems Virus Protection Sophos 2.28 Sophos Groupware Exchange Server Microsoft Desktop Management System Management Server Microsoft Internet Access Internet Information Services Microsoft Spam Control outsourced MXLogic Remote Access VPN Secure Remote VPN RSA File Backup Hardware TreeFrog Spectra Logic File Backup Software Legato Backup Legato V oicemail CallPilot Nortel Telephony Management Optivity Telephony Management N ortel I ! uti 2 clo Information Systems ~ Technology Standards 3. Client Operations Catef!orv Product Manuu cturer PC Desktop E-Series Gateway PC Laptop various Dell/Gatew~ y PC Operating System Windows XP Microsoft Virus Protection Sophos 2.28 Sophos Email/Calendar Outlook w/Exchange Microsoft Office Automation Office 2003 Microsoft Internet Access Internet Explorer 6.0 Microsoft Workgroup Printer various HP Network Copier various Ricoh Workgroup Scanner various Fujitsu Phone Handset - basic tdm M3903 Nortel Phone Handset - enhanced tdm M3904 Nortel Phone Handset - basic ip 12002 Nortel Phone Handset - enhanced ip 12004 Nortel Analog Phone Conversion Mediatrix 1104,1108,1124 Mediatrix Smartphone Treo 700 Palm D. Customer Support Priorities IS will assign all requests for services a specific priority and will process reques1 s as sely as possible in priority order . Urgent priority will be assigned to incidents impacting the normal functioning of the network and its supported applications. . High priority will be assigned to incidents impacting the normal functioning of an ex . sting customer for which there is no alternative or workaround. . Medium priority will be assigned to system implementations, system updates, and fe ~ for service tasks. · Low priority will be assigned to incidents for which there is a reasonable workaroun or alternative and requests for help with non-standard technologies. 3 Attachme t E Computer Facilities Usaee Aereement Information Systems Department City of Aspen and Pitkin County M:\city-cnty\IS Forms Revised 9/2003 Top Ten Things Information Systems (IS) would like you to know from t e Computer Facilities Usage Agreement: 1. The Information Systems Department has established a specific set of principl s that are intended to serve as guidelines for Information System's policies and services (see page 1) as well as, a broad range of technology standards to addre s User and Department needs (see page 3). 2. Although we cannot fully support all technologies, IS wants to consult with you regarding any or all of your technology needs in order to help you make fully informed decisions (see page 2). 3. IS will assign all requests for services a specific priority and will process reque ts in priority order (see page 4). 4. Any network workstation or PC, that represents an increase in a Department's currently supported complement, will be subject to one-time implementation charges and an annual support fee (see page 4). 5. All usage of computer hardware, operating systems, application software, and information services must be consistent with the business purposes of the City f Aspen and Pitkin County (see page 5). 6. As a user you must respect the privacy of others (see page 5). 7. The security of your computer system is your responsibility (see page 6). 8. Treat your equipment as though you had paid for it (see page 8). 9. Part of your responsibility as a user is to notify IS of any serious software or hardware problems you encounter (see page 9 & 10). 10. The installation of non-standard software, for business purposes, is allowed wi specific restrictions and guidelines (see page 9). Revised 9/2003 Table of Contents I. INTRODUCTION ..... .................... ........ .................... ............. ..... .......... .............. .......... ........................1 II. INFORMATION SYSTEMS OVERVIEW ....................................................................................1 A. PRINCIPLES OF OPERATION........................................................................................................... 1 B. SUPPORT LEVELS.......................................................................................................................... ..2 C. TECHNOLOGY STANDARDS ....... .............................. ........ .......... .... ............. ............... .... .................3 D. CUSTOMER SUPPORT PRIORITIES... .......................... ....... .......... ... .... ......... ................ ... .................4 E. NETWORK EXPANSION ....... ............. ............................ ...................... ....... .................. .... ..... ...... .....4 III. USER Gum ELINES AND RESPONSIBILITIES ......................................................................... 5 A. ALLOWED USE OF CITy/COUNTY COMPUTER FACILITIES ..........................................................5 B. PRIVACy......... .......... ...... ........ ...... ...................... .... .............. ...... ... ........ ......... ............. ....... ............. 5 C. OVERALL NETWORK SECURITY.. ......... ................ .............. ...... ........ ... ....................... ...... ...... ....... 5 D. PHYSICAL SECURITy...................................................................................................................... 5 E. NETWORK ACCESS SECURITY. ................................. ............................ ...... ..................... ...............6 F. NETWORK LOGIN ACCOUNT SECURITy........................................................................................ 6 G. NT WORKSTATION USER ACCOUNT SECURITY............................................................................6 H. NT WORKSTATION ADMINISTRATOR ACCOUNT SECURITy...... ... ............... ........ ...... .... ..... ...... ....7 I. CHANGING PASSWORDS.................................................................................................................. 7 J. PASSWORD GUIDELINES ..... ............. ................ ............. ... ....... ..... .... ................ ...... ..... .... ...... .......... 7 K. HARDWARE MANAGEMENT .......... ...... ............... .......................................... .................. ................ 7 L. HARDWARE TROUBLE REpORTING ...............................................................................................8 M. SOFTWARE MANAGEMENT ............................................................................................................ 8 N. SOFTWARE INSTALLATION...... .... .......... ...... ................. ............. .... .... ...... ................. .... ... ............... 8 O. SOFTWARE TROUBLE REpORTING ........ ........ ...... ........ .............. .... .... ....................... ... ............ ....... 9 IV. NE TWO RK APPLICATIONS .......................................................................................................10 A. INTERNET .......... ................. ........ ............................ .............. ...... .... ....... ... ...... .............. .......... .......1 0 B. EMAIL .............................................................................................................................. ............. 10 V. CUSTOMER ACCEPTANCE ............~........................................................................................ .11 A. USERS SIGNATURE PAGE...... ........... ...... .................... .................................... ................ .......... .....11 Revised 9/2003 I. Introduction This document describes what is expected of you as a user of the computing facilitie at the City of Aspen and Pitkin County. A User is defined as anyone who has been issued a logOn account on the City/County network or receives services from the City/County networ . This document is not intended to be a complete list of all allowed and forbidden acti ities, but rather a set of policies and guidelines for the practical and ethical use of our computer :5 cilities. Violations of these policies may result in the loss of login privileges and other disciplin ry actions. The IS department must be strict in these matters because the integrity and security of computing resources are critical to the City and County's essential activities. II. Information Systems Overview A. Principles of Operation The following general principles are intended to serve as guidelines for the creatio and implementation of Information System's policies and services. . Shared Function - In order to maximize the utilization of computer technology whil minimizing the costs, the City of Aspen and Pitkin County shall share the planning for an funding of an information systems function. The policies and services of this function sh I be decided by mutual agreement. . Mission - The mission of the information systems function is to provide effective an efficient services for the utilization of computer technology in order to assist the City f Aspen and Pitkin County in achieving their stated goals and objectives. . Finite Resources - The City of Aspen and Pitkin County shall provide finite resources t address computer technology needs. Finite resources necessitate a planning approac , appropriate allocation of resources, prioritization of tasks, and the blending f departmental and organizational goals. . Customer Service Orientation - The Information Systems Department shall collaborat with its customers to determine the need for, recommend, implement, and provide 0 - going support for computer technology. . Open Technolo2V - The IS Department shall establish standards for and support "open' computer technologies that permit the broadest range of customer options within th context of finite resources and the desire to collaborate and share those resources. . Customer Independence - The IS Department shall encourage customer independenc through the definition of responsibilities, establishment of organizational standard, training, and collaboration. 1 B. Support Levels There are two fundamental levels of support; full and partial Full Support F or any technologies categorized as "fully supported", IS will provide a comprehens ve range of support services including consultation, acquisition, installation, maintenance, eration, troubleshooting, and training. Partial Support Any software or hardware that is compatible with our network technologies and is used for legitimate City/County business purposes is eligible for "partial support". IS will provide a ubset of the support services listed under full support. At a minimum, IS will provide consulta ion and installation services. Any other specific services will depend upon staff knowledge and vailable resources and will be negotiated with the user(s). 2 C. Technolo1!Y Standards Network Cate or Cabling Fiber Optic between buildings Cable Termination Router Switch Hub Access Method Protocol Server Cate 0 Hardware Dell (Workgroup) Operating System Communications Cisco Router ( frame relay) File Backup Database Email Protocols Printer CSU/DSU (frame) Client Cate or PC Operating System Office Applications NFS Email Remote Access Browser , Calendar Interface Card Modem Product Category 5 UTP within Buildings -Krone, ModTap -Cisco -Cisco -Bay Networks -10BaseT Ethernet - TCP lIP Product -Sun Sparc/Ultrasparc (Enterprise) -Solaris NT 4.0 Server - Telebit Netblazer (dialup) - Legato -Oracle, Informix, SQL Server -SMTP, POP3, IMAP, MAPI - HP Laserj et - Kentrox Product -Gateway PIlI 350 - Windows 2000/Windows NT 4.0 - Windows 95/Windows 3.x -Microsoft Office -Sun Net Client 3.2 -Eudora Pro 2.12/4.1 -PPP / character - N etscape 4.x -Synchronize -3COM PCI Ethernet -Multitech MT2834BA 3 Su or Level FU L FU L P A TIAL P A TIAL FU L FU L FU L FU L P TIAL FU L FU L D. Customer- Support Priorities IS will assign all requests for services a specific priority and will process reque ts as closely as possible in priority order . Urgent priority will be assigned to incidents impacting the normal functioning of th network and its supported applications. . High priority will be assigned to incidents impacting the normal functioning of an e isting customer for which there is no alternative or workaround. . Medium priority will be assigned to system implementations, system updates, and fl e for service tasks. . Low priority will be assigned to incidents for which there is a reasonable workaro alternative and requests for help with non-standard technologies. E. Network Expansion Any network workstation or PC, that represents an increase in a Department's curre tly supported complement, will be subject to one-time implementation charges and an ann al support fee of $1000. Implementation fees will be charged for the standard client software licenses and th labor to configure and install the new workstation. The annual support fee is intended to mitigate the impact of workstation growth on etwork and staff resources. 4 III. User Guidelines and Responsibilities A. Allowed Use of City/County Computer Facilities All usage of computer hard are, operating systems, application software, and information services must be consiste t with the business purposes of the City of Aspen and Pitkin County. When in doubt ith what mayor may not be consistent, consult with your supervisor or department head. B. Privacy As a user you are expected to respect the privacy of others. Examples of privacy invasion include: . reading other people's mail, . sending mail from someone else's account, . using someone else's name as sender in your email, . sending anonymous mail, . using accounts other than your own, . reading, editing or deleting unprotected files on network drives, . reading, modifying or deleting files on a user's PC hard drive without his or er permission, and . sharing sensitive information with people who do not need it to do their jobs. C. Overall Network Security This document defines specific security policies that are designed to protect the over 11 security of the network and of the individuals and workgroups that use the network. Recog izing that ideal security policies may conflict with the practical use of the network, exceptio s to security policy may be granted to any Department willing to assume the financial responsibility for any negative impacts that may result from the reduction or eliminati n of specific network security policies. D. Physical Security . The overall security of your computer system is your responsibility; policies reg physical security include: . Access to your system should be controllable by a lockable door, either offic department. If this is not doable, due to circumstances beyond your control, ake the extra effort to protect your important data by logging off the network or I cking your NT workstation when you are away from your desk for more than fiftee, minutes. . Systems with sensitive or secret data must be protected by their own lockabl office door and software password protection on either entire system or sensitive d ta files. . Be sure that doors and windows are closed and locked when you leave. . Don't let any unauthorized person use computing facilities for which you are responsible. 5 . Log out of any network application when not in use. . Turn your PC workstation off at night unless it is on an automatic backup or rovides services to other systems on the network. To save electricity on systems that do require the processor to run, you may turn off the monitor. E. Network Access Security . All access to and from the City/County Network must be configured to use our s curity firewall, unless a special agreement has been negotiated with IS (see section C, a ove). . No network workstation may have a modem attached for access to or from other systems and networks, since this activity breaches the security of our firewall. . Remote control software that allows remote access to and control of network workstations is not allowed. F. Network Loein Account Security Each user of the City/County network will receive a unique and identifiable log'n account. Policies relating to login account security are: . Your login is for your personal use only. Do not let anyone else use your account for any purpose. . Do not give your password to anyone else; not to a fellow department member, y ur manager, another city or county staff member including IS staff, an appointed or lected official, a consultant, the public, a family member or friend. . Likewise, do not use anyone else's account for any purpose. If you need function lity that your account lacks, ask IS or the appropriate System Administrator to provide it. If you need privileges your account lacks, ask IS to grant them. . Do not write your password down. . Do not set your software to remember your password. . If you need to share mail, ask IS to set up mail-forwarding. . If you need to share files with someone else, ask IS to set up a permission group hich will allow members of the group to access the files from individuallogins (some restrictions or limitations may apply). . Shared login accounts are not allowed G. NT Workstation User Account Security . All of the policies associated with the Network Login Account (above) apply to accounts used to access an NT workstation. . If a workstation is left on at night or user is away from workstation for a signific t period (10 minutes), the Lock Workstation feature should be used. This feature 's accessed by typing ctrl-alt -del. 6 H. NT Workstation Administrator Account Security . The Administrator account on all NT workstations will be password protected. to the Administrator account is required to add hardware or software to the syste . Any customer desiring to add hardware or software to their PC system must con act IS In the case of the NT workstation, IS will log the customer onto the PC with the Administrator account. I. Chaneine Passwords City/County policy relating to changing passwords is: . Change your password immediately after receiving your user account. . When there is staff turnover in a department that manages secret or sensitive data, change all passwords. . If someone else sees your password, even partially, change it. . If you see someone else's password, tell them to change it. . Keep your password indefinitely, if your password follows the secure guideli es listed below and your password security is still intact. J. Password Guidelines Guidelines for the composition of secure passwords are: . Passwords must have at least six (6) characters, but not more than eight (8) characters. . Do not use words found in any dictionary. . Do not use passwords that are easy to guess by association; examples are spo se's name, child, pet, your nickname, and so on, ... . Passwords must contain at least 2 letters (either upper or lower case) and at I ast one numeral or symbol such as 1,7,$,!,*,@,#,%. . Passwords must be different from your old password. Your new password ust differ from your old one by at least three characters. K. Hardware Manaeement Treat your equipment as though you had paid for it. Be gentle with it even if yo are frustrated since you are responsible for anything you damage. Policies specific to the proper treatment of computer hardware include: . Do not move equipment when it is running. . Plug equipment into a network jack or power supply before you turn it on. . Turn off equipment before you unplug it. . Attach new equipment only when everything else attached is powered-off. . Always use an approved power conditioner or un-interruptible power supply (ups) 7 for your pc and monitor. . Do not experiment with the equipment or try to take it apart. . Do not try to crash or sabotage any systems. . Do not place your equipment in a precarious or potentially dangerous locatio . Route your cables and cords to keep them from being snagged or tripped ove . Keep cords away from heaters. . Keep your equipment clean. . Do not put food or beverages where they could spill and damage the equipm nt. . Do not use equipment when you have residue from eating or other activities n your hands. . Notify IS of problems promptly. L. Hardware Trouble Reportine Part of your responsibility as a user is to notify IS of any hardware problems y u encounter. Guidelines for dealing with hardware problems include: . In an emergency, such as a smoking machine or water leaking through the ro what's right for your personal safety first. . If safety permits, power the machine off and remove it from the hazard. . Call the appropriate authorities to report the emergency. . For non-emergency events, send mail to "help", whenever possible, and feel ee to contact IS any way you can. . Do not try to repair equipment yourself, unless directed to do so by IS staff 0 you have prior experience with the problem. M. Software Manaeement Our standard software is covered by license agreements between the City/Coun other companies and organizations; these licenses are predicated on our using the software business, not for home or commercial purposes. Specific prohibitions include: . Do not copy any of our licensed software except as a backup for use on your . Do not knowingly allow anyone to copy City/County software, . Do not load or allow anyone else to load software that has not been appropri tely licensed on any City/County system, and . . Do not keep software media in an unsecured location. N. Software Installation The installation and operation of non-standard software is allowed with the fol owing restrictions and guidelines: 8 . Software must be appropriately licensed. . Contact IS prior to installation for consultation. . Take appropriate precautions with your valuable files. . All programs, with the exception of the installation program, should be disabled or terminated prior to installation . The appropriate software installation program or routine should always be us d to install or uninstall software and hardware. . Prior to installing hardware and/or software on an NT workstation, a new "Emergency Repair Disk" should be created. Label diskette with date and te t describing status of system when disk was created. e.g. "disk created prior t installing scanner" . After installing hardware and/or software on an NT workstation, the Service ack update should be run and a second "Emergency Repair Disk" created. . Any customer who ignores the above guidelines may be required to pay the c sts associated with restoring the system to normal operation. O. Software Trouble Reportin2 Part of your responsibility as a user is to notify IS of any serious software prob ems you encounter. It is also your responsibility to describe any action on your part or on the p of others that may have contributed to the problem; examples are: . installation of software, . modification of existing software, . configuration changes, . download of any files or email attachments through the Internet, . copying of any files from diskette, tape, or network drive. The procedure for reporting software problems is as follows, . Record any error messages that you received. . Follow standard operating procedures to restore normal operation. . Ifunsuccessful, consult with your departmental Superuser or System Admini trator. . If problem is still unresolved, send mail to "help" and describe the problem. . If you consider the problem an "emergency", contact IS Staff anyway you c . 9 IV. Network Applications A. Internet The City and County computers have access to the Internet. This resource gives use s access to communication and information services and public domain software. Although all City County policies regarding the use of computer facilities apply to the Internet, there are special policies for its use. These policies are: . No City/County networked workstation is allowed to access the Internet thro gh any other means than the City/County network Internet access; no modems may e attached to a network workstation unless an exemption to standard security olicy has been negotiated. . No software may be downloaded for use on a network workstation unless ap roved by the IS Department. . No user may sign up for interactive services on the Internet unless approved Department. . Run virus check on all downloaded files. B. Email The City and County computers have access to global Electronic Mail. This resourc gives users access to email communication both internally and externally. Although all City/Co nty policies regarding the use of computer facilities apply to the use of Electronic mail, th re are special policies and guidelines for its use. These policies and guidelines are: . The email system may NOT be used for the performance of personal busines such as the advertising of personal products or services for sale, the transmission of ffensive material, and the propagation of chain letters. . All email attachments MUST be scanned for viruses prior to mailing them to anyone. . DO NOT attempt to send email attachments greater than one (1) megabyte i size. Anyone sending attachments to you must follow this same guideline. The sy tem will reject any attachments larger than one megabyte. . If files greater than three (3) megabytes need to be transferred, contact IS for instructions on available alternatives. . It is strongly recommended that the "all_city" and "all_county" email aliases be used only for messages that are specifically intended for all employees. 10 v. Customer Acceptance A. 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Q) .c u: co o o ~ r-- ..... - GO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, APPROVING AN INTERGOVERNMENTA AGREEMENT WITH THE CITY OF ASPEN CONCERNING MANAGEMENT 0 THE JOINT INFORMATION SYSTEMS DEPARTMENT Resolution # //~ - ~tfot- Recitals 1. The City and County have purchased computer and telephone systems that are appropriate to service the needs of both the City and the County. 2. Both the City and County have need for adequate computer and telephone facilities and services and have determined that the joint funding of system acquisition, maintenance, and services would be advantageous to both entities. 3'1 Both the City and County are authorized by Section 29-1-203, Colorado Revise St~tutes to enter into inter-governmental contracts for the purpose of providing any function, service, or facility lawfully authorized to each of the cooperating government I units, provided any such contract receives the approval of the legislative bodies of the respective governments. 4. The City and County have previously entered into a Joint Use of Facilities ,Agreement effective January 19, 1976, and amended by a Joint Data Processing Agreement, effective March 9, 1984. 5. The attached Intergovernmental Agreement between the City and County sets forth the agreement of the parties concerning the j oint operation of the IS Department. 6. It is in the best interests of Pitkin County to approve the Intergovernmental Agreement. Now, therefore, be it resolved, that the Board of County Commissioners of Pitkin County, Colorado hereby approves and authorizes the Chair to sign an intergovernmen al agreement with the City for management of the joint Information Systems Department n a form substantially similar to the attached intergovernmental agreement. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 13TH DAY OF SEPTEMBER 2006. 2 t3.L NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE7_ DAY 06;~ihY.1A 2006. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 27TH DAY OF SEPTEMBER, 2006. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE ~0 DAY OF~006. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: 'lJ1 ~-2 -4; Michael C. Ireland, Chair County A~of!!~D-ApPJ~ c---=-~ ,.------ ~ .J ,9- City of AspenlPitkin County Inter-governmental Agreement for the Management of the Joint Information Systems Department Joint Agreement No. THIS AGREEMENT, made by and between the City Council of the City of Aspen, Colorado, a municipal corporation and home-rule city, created pursuant to Article XX of the Colorado Constitution ("City"), and the Board of County Commissioners of Pitki County, Colorado, a home-rule county created pursuant to Article XIV, Section 16 of he Colorado Constitution ("County"). Recitals I. The City and County have purchased computer and telephone systems that are appropriate to service the needs of both the City and the County. 2. Both the City and County have need for adequate computer and telephone facilities and services and have determined that the joint funding of system acquisition, maintenance, and services would be advantageous to both entities. 3. Both the City and County are authorized by Section 29-1-203, Colorado Revise Statutes to enter into inter-governmental contracts for the purpose of providing any function, service, or facility lawfully authorized to each of the cooperating government 1 units, provided any such contract receives the approval of the legislative bodies of the respective governments. 4. The City and County have previously entered into a Joint Use of Facilities Agreement effective January 19, 1976, and amended by a Joint Data Processing Agreement, effective March 9, 1984. Agreement In consideration of the parties' mutual promises, the parties agree as follows: 1. Effect of Agreement. This Agreement replaces the Joint Use of Facilities Agreement effective January 19, 1976, and the Joint Data Processing Agreement, effective March 9,1984. 2. Administrative Structure. A. The Information Systems ("IS ") Department is a j oint department of the City and County as defined in this Agreement. B. Personnel: i 1. An Information Services Director shall be employed by the City who I shall report to and be supervised by the City Manager or his/her designee. The City Manager shall have the authority to terminate the employment of the Director in 4 ,,'7 :J accordance with City personnel policies and procedures, but shall exercise this authori y only after reasonable consultation with the County Manager. 2. The IS Director and all other personnel employed to work under the supervision of the Director shall be City Employees, subject to the City's payroll, benefits, and personnel policies and procedures (including disciplinary procedures). 3. The Director shall work under the supervision of the City Manager 0 designee and shall receive work assignments from the City Manager or designee. In addition to its other purposes, the Manager's Agreement shall serve as a conduit for the City and County to evaluate and prioritize technology related issues - through the Technology Review Committee, for implementation through this chain of reporting responsibility. 4. Nothing in this agreement shall create, or is intended to create, or sha I be construed to constitute a contract of employment, express or implied, between the 1.. Director, and the City or the County." C. Management of the IS Department is delegated to the City and County Managers (the Managers). The current management and structure of the IS Department is set forth in the Joint IS Department Managers Agreement dated September 27,2006 (the "Managers' Agreement"). As set forth in the Manager's Agreement, the Manager must approve any changes to the IS Administrative Structure Agreement. Should any operational changes include a change in budget, each Manager will follow his/her organization's budget approval policies and processes. D. The City of Aspen will administer the IS Department. All IS staff will be subject to the administrative and human resource regulations of the City. E. Partnership intent. While the administrative structure of the IS department under this agreement is unambiguously designated as a City Department in terms of personnel and budget, the intent and spirit of the agreement otherwise is to reflect a partnership relationship in the character of the department's operations. 3. Customers. The customers of the IS Department include all City and County Departments, as well as outside entities and the public. Current outside entity customers and public services provided are listed in the Managers' Agreement. Additional entities and additional public services may be added as agreed to by both Managers, upon such terms and conditions as the Managers shall establish. 4. Services and Supported Technologies. The IS Department will provide, mana e, and coordinate all of the services necessary to support the technologies for which it is responsible. The addition of any new service or an increase in the service level of an existing service will be implemented as agreed to by the Managers. IS will support technologies that best meet the legal and business requirements of the City and County 5 J/ within the finite resources available for these technologies. The current list of approve services and supported technologies is included in the Managers' Agreement. Geographic Information System Services (GIS) will be organized as an operati g budget section of the Joint IS Department, and GIS services will be provided to both th City and County, and all external customers under the terms and conditions of this agreement, the Managers Agreement, and the attachments to the Manager's Agreement. 5. Standards and Technologv Usage Policv Administration. IS will establish standards for all of the technologies supported and services provided, as approved by the Managers and made part of the Managers' Agreement. The City and County each agre to establish, review, implement, and enforce technology usage agreements and other policies related to the implementation, support, and use of the technologies for which t e IS Department is responsible by each entities" employees. The City and County agree t4 make such policies consistent between the two organizations to the extent practicable at d necessary for system security. Usage by external customers shall be addressed in the u~er agreements for such customers. 6. Financial Management. A. To the extent permitted by law, the City and County recognize the importanc of adequate funding, within the financial means of both organizations, the costs to acquire, maintain, and service the technologies supported for the agreed upon Customer base. B. The financial rules, regulations, and policies of the City will apply to all operating budget expenditures, revenues, and year-end savings that are shared by the Ci y and County under this agreement. C. For capital expenditures, the financial rules, regulations and policies of the respective parties will be used for procurement of items that are not shared. If the item are shared, the financial rules, regulations, and policies of the City will apply. D. Operating Budget Process and Allocation. 1. The IS operating budget will be developed annually through the City Budget process, with input from the Managers. The County agrees to accept all of the City policies in regards to the IS base operating budget. The IS Departme t will work with the County Finance Department to provide in a timely manner al materials and information required by the County Budget process. All supplemental requests for shared expenditures, including but not limited to increases in staff, will require the approval of both the City and County. 2. The annual operating budget shall include funds necessary to reimbur e the City for the County's proportionate share of overhead expenses for personne' , finance, administration, legal, and asset management services consistent with fe s charged to other City Departments. "Proportionate share" shall be based upon the 6 /~ j final percentage of annual IS operating expenses incurred on behalf of Pitkin County. 3. Allocation of Operating Budget between the City and the County. T e allocation of the IS operating budget and all expenditures and revenues shall be determined by the Managers' Agreement. E. Capital Replacement. 1. The City and County agree to maintain a multi-year capital replacem nt plan for the assets that are required to operate, maintain, and service the shared Information Systems technologies. IS will maintain a published capital asset inventory to serve as a basis for cost sharing and asset replacement. The IS capital replacement plan will be approved by the Managers as part of the Managers' Agreement. 2. The City and County agree to determine cost allocation methodologi s for capital replacement of shared capital assets. Shared capital assets include equipment and software and associated costs acquired and maintained for the mutual benefit of the City and the County as agreed by the Managers. F. Disposition of capital assets. The Managers shall agree upon any shared ass t disposition. G. Reimbursement. The City and County agree to reimburse any IS expenses incurred under this Agreement by one party on behalf of the other. The parties agree to provide quarterly reconciliations, to be approved within 30 days and reimbursed withi 30 days after approval. The annual reconciliation payment shall be made within 30 da s of billing by the City. H. IS Operating Budget Savings. The City and County agree to accumulate IS operating budget savings according to the City of Aspen policy. These savings will be carried forward by each entity as IS savings on an annual basis. The IS director will make recommendations for the expenditure of these savings for the review and approv I of the Managers. 7. Term and annual review. This Agreement shall continue from year to year unless terminated by either party. Termination shall require advance notice to allow for one 11 fiscal year of continued joint operations. The Agreement shall be reviewed annually b Managers. 8. Conflict resolution. In the event that the parties cannot resolve conflicts relating to he management of the IS Department, the Managers shall first attempt to resolve the con ict between them. If the managers are unable to resolve the conflict(s) internally they sha I agree upon a conflict resolution process managed by an independent party. The costs of such a resolution process shall be born equally by the City and the County. 7 o 9. Amendment process. This Agreement may be amended upon approval by both the Board of County Commissioners and the City Council. 10. Disposition of Assets upon termination. In the event of the termination of Intergovernmental Agreement under paragraph 13 hereof, and the resulting dissolutio the IS Department, the assets of the Authority shall be distributed as follows: a. All assets acquired prior to the date of this Agreement shall be alloca ed between the City and the County in accordance with their proportion te contributions to the acquisition of the assets. Financial settlement and allocat on of shared assets to be determined in a fashion as agreed upon by the Managers. b. All assets acquired by the IS Department after the date of t is Intergoverrimental Agreement from funds provided by the parties shall be distributed to the parties on the basis of the value of said assets at the time of termination and in the same proportion as the respective contributions of funds by the parties for acquisition of the asset. c. The City and the County, through the agreement of the Managers, ay agree to dispose of any assets of the IS Department in any other accepta Ie manner. d. If the City and the County cannot agree on the disposition of any assets of the IS Department within sixty (60) days prior to the effective date of terminati n, said assets shall be subj ect to, an independent appraisal and shall be sold at pu lic auction as soon as practicable with the proceeds allocated to the City and he County in the same proportion as the total contribution offunds by the respect ve parties for acquisition of the asset. e. With respect to the employees of the IS Department, the Managers s all agree on a fair method to assure that the County may offer employment to City employees in the IS Department to assure that the County has the ability to ret in experienced employees if it so desires. 11. Workers' Compensation and Indemnification. a. Workers' Compensation. The employer of the respective employees s all provide workers' compensation coverage for their employees. For the purpo es of this Agreement, Pitkin County shall name the City of Aspen as additio al insured on its general liability policy and the City shall name Pitkin County as additional insured on their general liability policy. b. Indemnification. 1. The City, within its legal ability to do so under the Constitutio, of the State of Colorado and its home rule charter, agrees, to the full ext nt permitted by law, to indemnify and save harmless the County, its of fie rs 8 1 and employees, from all suits, actions or claims of any character brou ht because of or arising out of any injuries or damages received or sustai ed by any person, persons, or property on account of the operations of he City; or on account of or in consequence of any neglect by the City; or because of any act or omission, neglect, or misconduct of any IS Department employee engaged in the performance of his/her duties on behalf of the City or on behalf of the County in accordance with t is Agreement. 2. The County, within its legal ability to do so under the Constitut on of the State of Colorado and its home rule charter, agrees, to the full ext nt permitted by law, to indemnify and save harmless the City, its officers d employees, from all suits, actions or claims of any character brou ht because of or arising out of any injuries or damages received or sustai ed by any person, persons, or property on account of the operations of he County; or on account of or in consequence of any neglect by the Cou ty; or because of any act or omission, neglect, or misconduct of any Cou ty employee engaged in the performance of his/her duties on behalf of he County or on behalf of the City in accordance with this Agreement. 3. Neither the City nor the County waive the defenses or limitati ns on damages provided for in and pursuant to the Colorado Governme tal Inimunity Act (Sec. 24-10-101, et seq., C.R.S.), the Colorado Constituti n, their respective home rule charters or under the common law or thela s of the United States or State of Colorado. 4. It is expressly acknowledged and understood by the parties her to that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship not intended by the express te s of this Agreement. Personnel identified as County employees shall be , or all purposes County employees. Personnel identified as City employes shall be for all purposes City employees. It is anticipated that City nd County employees will be assigned to work on proj ects or assignments or either governmental entity in accordance with this Agreement. Noth ng contained in this Agreement shall be construed to make such shar ng arrangements as evidence of an employee/employer relationship. 0 agent, employee, or servant of one party shall be, or construed to be, he employee of the other party. Each party to this Agreement shall be solly and entirely responsible for its acts and for the acts of its employes during the performance of this Agreement. Approved by Board of County Commissioners Resolution _ Approved by Aspen City Council Resolution 9 g Board of County Commissioners of Pitkin County, Colorado Attest: By: ~~ Michael C. Ireland, Chair Date )J -- ZG "c:J.6 Approved as to form: ..---------------- . ..------- ~-~--- '-... /~- ~ --..... } -. ...__...~/~/ ,...,..,/ _.--- =-:----- John Ely, Co 10 q ( 1" KIN v t)I N a 530 F. Main Street, 3rd Floor February 14, 2014 Aspen, Colorado 8 161 1 phone(970) 920-5200 fax X9701 920-5 198 Steve Barwick City of Aspen 530 South Galena Aspen, CO 81611 Steve, I am writing this letter to give notice of our intent to terminate our Inter-governmental Agreement for the Management of the Joint Information Systems Department adopted September 26, 2006. Under Section 7 of our existing agreement either party wishing to terminate must give one year's notice; this letter serves as that notice. We believe there are mutually beneficial opportunities for continued partnerships on certain aspects of information technology and telecommunications infrastructure and services and we look forward to discussing these with you. Pitkin County and Aspen have had a joint management agreement for data and telecommunications services since 1984. Since we entered into our initial agreement for information services much has changed. Information Technology has become ubiquitous in both our organizations and is now central to the day-to-day operations of every department. Increasingly county departments have the need to connect technology solutions with their unique business needs. After two years of study the County has come to the conclusion that our existing agreement no longer fully meets our current or future business and technology needs. The City's IT staff has worked hard to provide IT services as described in our agreement and we are appreciative of this as well as the many other partnerships we have with the City of Aspen. As stated above we believe there are still opportunities for City and County partnerships in the realm of information technology and telecommunications infrastructure and services. At your earliest convenience I would like to set a meeting to discuss the disposition of assets (as described in Section 10 of the current agreement) and the scope of any subsequent agreements. Please feel free to contact me with any questions. Sincerely, Jon Peacoc , ounty Manager cc: Board of County Commissioners Phylis Mattice John Loyd