HomeMy WebLinkAbout20132355.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF PUBLIC
SAFETY RECORDS MANAGEMENT AND AUTHORIZE CHAIR TO SIGN - CITY OF
GREELEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for the
Provision of Public Safety Records Management between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's
Office, and City of Greeley, commencing upon date of execution, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement for the Provision of Public Safety
Records Management between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the City of
Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of August, A.D., 2013.
BOARD OF NTY COMMISSIONERS
WELD C NT COLORADO
ATTEST: ehun .3
Weld County Clerk to the Board
BY:
APP
Attorney
Date of signature:
0r5��1 g1P0
aarbara Kirkmeye,
SEP 0 4 2013
William'F. Garcia, Chair
C1U k� '-` C�R�
DouglaiRademacher, Pro-Tem
L
Sean P. Conway
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2013-2355
SO0034
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF PUBLIC
SAFETY RECORDS MANAGEMENT IN WELD COUNTY, COLORADO
THIS AGREEMENT, made and entered into this /�t J' day of August, 2013, by and
between the CITY OF GREELEY, by and through the City Council of the City of Greeley,
Colorado (hereinafter referred to as "City" or "Greeley"), and the COUNTY OF WELD,
COLORADO, by and through the Board of County Commissioners of Weld County, Colorado
(hereinafter referred to as "County" or "Weld").
WHEREAS, the operation and maintenance of criminal records management, and a
criminal justice information system are proper governmental functions of both Greeley and the
County; and
WHEREAS, the parties have also historically cooperated in the maintenance of criminal
records through the Greeley/Weld Criminal Records Division; and
WHEREAS, as part of their joint operation of the WCRCC and the Greeley/Weld
Records Division the parties have historically cooperated to operate and maintain a public safety
information network system which provides records functions and computer -aided dispatch
functions in addition to other related functions; and
WHEREAS, both parties desire to continue to cooperate in their criminal records and
public safety information system (collectively referred to herein as "the Public Safety
Information Network") for the purposes of economy and efficiency through this
Intergovernmental Agreement (hereinafter referred to as "IGA" or "Agreement"); and
WHEREAS, the parties previously entered into previous intergovernmental agreements
on this subject, entitled, "Intergovernmental Agreement for Provision of Communications,
Records, and Criminal Justice Information Systems," dated May 3, 1993, as amended by
document entitled, "Amendment to Intergovernmental Agreement," dated May 2, 1994; and the
Intergovernmental IGA for the Provision of Public Safety Information System in Weld County,
Colorado" date June 7, 2010; and
WHEREAS, this Agreement is intended to supersede only the terms related to the
maintenance of criminal records of all of the prior agreements identified above; and
WHEREAS, this Agreement defines the rights, responsibilities, and duties of the parties
hereto; and
WHEREAS, Greeley and the County are authorized to enter into this IGA, by virtue of
Section 29-1-203, C.R.S.; Article II, Section 2-3 of the Weld County Home Rule Charter; and
Section 3-7 of the City of Greeley Charter.
NOW, THEREFORE, in consideration of the following mutual agreements and
covenants, Greeley and the County hereby agree as follows:
Page 1 of 7 Pages
2013-2355
1. Effective Date of this Agreement.
This Agreement shall be effective upon the date of signature, unless a later date is specified
for a given provision.
2. Overall Management of Greeley -Weld County Criminal Justice Records.
a. Greeley shall provide criminal records management services for those Weld County
jurisdictions that enter into a Records Management Agreement with the County and
Greeley.
b. Greeley agrees to provide criminal records management services for the Weld County
Sheriffs Office, including, but not limited to, automated dictation system, incident
reporting, records operations, excluding booking and arrest records. The costs of
providing such services shall be incorporated into the cost allocation formula set forth in
Paragraph 9 below. Records shall be located at the Weld County facility located at 1551
N. 17th Avenue. The Sheriff shall designate a deputy custodian for all Weld County
Sheriff records in a separate document who shall be responsible for the safekeeping and
maintenance of such criminal records.
3. Contract Representatives.
Greeley and County shall each designate, in writing, Contract Representatives to serve as
contract managers and spokespersons for the respective entities.
4. Facilities.
a. County shall provide the buildings for the Greeley -Weld Criminal Justice Records which
shall be located at 1551 N. 17`h Avenue. County shall determine what portion or portions
of this building shall be utilized for Greeley -Weld Criminal Justice Records, and such
determination shall not thereafter be changed without approval by Greeley, which
approval shall not unreasonably be withheld. Greeley shall have the right to the
exclusive use and possession of the portion or portions of the building assigned to
Greeley -Weld Criminal Justice Records.
b. County agrees to repair, maintain, and/or renovate all facilities owned by County
whenever necessary as determined by County. County agrees to provide interior janitorial
maintenance, housekeeping supplies, and preventative maintenance of these facilities.
5. Equipment and Furniture.
Greeley and County have separately and/or jointly provided or acquired ownership of
equipment and furniture currently located in Greeley -Weld Records. Ownership shall remain
in whole or proportionately with each of the respective entities for equipment and/or
furniture provided by it.
Page 2 of 7 Pages
6. Utilities.
a. County agrees to provide water, sewer, gas, and electricity for Greeley -Weld Criminal
Justice Records and the costs shall be incorporated into the cost allocation formula set
forth in Paragraph 9, below.
b. City agrees to provide telephone service for Greeley -Weld Criminal Justice Records and
the costs shall be incorporated into the cost allocation formula set forth in Paragraph 9,
below.
7. Information Technology Services.
a. City agrees to provide IT services for Greeley -Weld Criminal Justice Records and the
costs shall be incorporated into the cost allocation formula set forth in Paragraph 9,
below.
b. County shall host, manage and maintain the public safety information system including
the records management system for the Greeley -Weld County Records Division and the
costs shall be incorporated into the cost allocation formula set forth in Paragraph 9,
below.
c. City and County shall enter into shared agency and host agency agreements respectively
with Spillman Technologies, Inc (hereinafter "Spillman"). Such agreements shall
supersede the existing agreement between City and Spillman. County, upon execution of
the host agency agreement, shall control access of non -County entities to the Spillman
system. County shall provide City appropriate and reasonable access to the Spillman
system as listed in 7.d. and shall authorize individuals listed in 7.d. to contact Spillman
directly to address records issues related to the Spillman System.
d. County shall provide Greeley with appropriate and reasonable access within the Spillman
system, or any successor system, to include, but not be limited to, designated
representatives of the following for the purposes of:
i. Greeley IT for the purposes of (1) cascading changes to code tables; (2) changing
primary keys on code tables; (3) backup for records:
ii. Greeley Police Department Crime Analyst(s) for the purposes of viewing
SYINVOLV tables; and
iii. Greeley -Weld Criminal Justice Records for the purposes of (1) modifying and
deleting NIBRS backdoor screens; (2) changing primary keys in code tables; (3)
making cascading changes to code tables; (4) name merge; (5) seeing through
partitions for lost records.
Page 3 of 7 Pages
8. Hours of Operation.
The parties agree that the Greeley -Weld Records Division shall be operational every day of
the year, twenty-four hours per day.
9. Compensation/ Allocation of Costs.
a. In consideration of the execution of this IGA, compensation and allocation of costs shall
be as follows:
i. The County currently requires 29% of the total work hours associated with the
Records Management. The allocation of the costs will be based upon this identified
workload, thus the County will pay a flat rate of 29% of all costs.
ii. Records Management costs shall be allocated based upon resources used by each
agency being served. A cost allocation system formula and methodology agreed to by
the City of Greeley Finance Director and Weld County Finance Director shall be
applied annually to allocate costs. The cost allocation amount will be provided to both
the City and County annually, beginning June, 2014.
b. Should the County want to increase a specific number of employee(s) to the Records
Division to address just County workload, the County will pay for all salaries and
benefits of the employee(s), along with a 10% cost to pay for educational, supplies and
other requirements for the employee. The County shall also provide a detailed work
program that they want the employee(s) to address with specific performance
measurements to ensure the City and County fully understand the County's requests.
10. Contracting.
County may enter into contracts related to all services to be performed hereunder, including
but not limited to those related to the Public Safety Information Network System (Spillman).
County shall advise Greeley of all contracts involved in providing the services identified in
this Agreement. No contract shall, under any circumstances, relieve County of its liability
and obligations under this Agreement.
11. Assignment of Contractor's Duties and Obligations.
Greeley and County agree that the duties and obligations in this IGA are non -transferable or
assignable without prior written consent of Greeley and County.
12. Term.
City and County agree that this IGA shall begin on the effective date identified in Paragraph
1 above and shall extend for an initial period of two (2) years (24 months). This Agreement
shall be renewed automatically for additional twenty four (24) month periods thereafter.
Either party may terminate this IGA by delivering written notice to terminate to the other
Page 4 of 7 Pages
party at least twelve (12) months prior to the intended date of termination.
13. Deficiencies in Service.
Deficiencies in service shall be brought to the attention of the City's Records Supervisor
shall resolve concerns about deficiencies in service to County's satisfaction within 30
calendar days. If such concerns are not resolved within that time period, the matter shall be
resolved pursuant to the Dispute Resolution Process set forth in Paragraph 14 below.
14. Dispute Resolution.
Any issues regarding service or any other disputes which are not able to be resolved by the
City's Records Supervisor will be resolved between the County's Director of Public Safety
Regional Communications and the City of Greeley Police Chief. Any disputes that cannot be
resolved between those two officials will be resolved jointly by the Board of Weld County
Commissioners and the Greeley City Council, within 30 calendar days of the referral. Any
such failure not resolved by dispute resolution within 30 days of the referral shall be cause
for either party to terminate this Agreement.
15. Employment Status.
It is expressly agreed and understood that City and its employees are not agents, servants, or
employees of County. All employees of City shall work exclusively for City and shall not be
considered employees of County nor shall they be eligible for County benefits. County
assumes no liability for City employees or employees subcontracted by City who may be
injured while working in the facilities identified herein. Greeley assumes no liability for
County employees or employees subcontracted by County who may be injured while
working in the facilities identified herein.
16. Non -Liability.
Greeley and County agree that in no event shall either County or Greeley be liable or
responsible to each other, or to other persons due to any stoppage or delay in work herein
provided for, where such stoppages or delays result from acts of God, fire, war, legal, or
equitable proceeding, or any other cause which is outside the control of Greeley or County.
17. Records.
Certain records held by Greeley or County, as they relate to this IGA, shall be considered
open records, pursuant to Colorado Statute.
18. Notice.
Any written notice to be given hereunder by either party to the other party shall be notified
by certified mail, return receipt requested. Notice to Greeley shall be sufficient if made or
addressed to the Greeley City Manager, 1000 Tenth Street, Greeley, Colorado, 80631. Notice
Page 5 of 7 Pages
to County shall be sufficient if made or addressed to the Board of County Commissioners of
Weld County, 1150 O Street, Greeley, Colorado, 80631. Either party may change the address
for notice to it by giving written notice of such change in accordance with the provisions of
this paragraph.
19. Prior Agreements Superseded.
This Agreement and the attached Exhibits constitute the entire Agreement between Greeley
and County, and neither Greeley nor County shall be bound by any requirement which is not
specifically stated in this Agreement. Without limitation, this Agreement supersedes only the
specific terms of the previous intergovernmental agreements on this subject, entitled,
"Intergovernmental Agreement for Provision of Communications, Records, and Criminal
Justice Information Systems," dated May 3, 1993, as amended by document entitled,
"Amendment to Intergovernmental Agreement," dated May 2, 1994; and the
Intergovernmental IGA for the Provision of Public Safety Information System in Weld
County, Colorado" date June 7, 2010.
20. Waiver of Immunity/Third Party Liability.
No portion of this IGA shall be deemed to constitute a waiver of any immunities which
Greeley or County or their officers or employees may possess, nor shall any portion of this
IGA be deemed to have created a duty of care on the part of either part to any persons not a
party to this IGA.
21. Non -Appropriation.
No portion of this IGA shall be deemed to create an obligation on the part of Greeley or
County to expend funds not otherwise appropriated in each succeeding year.
22. Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this IGA is for any reason
held or decided to be invalid or unconstitutional, such a decision shall not affect the validity
of the remaining portions. The parties hereto declare that they would have entered into this
IGA and each and every section, subsection, paragraph, sentence, clause, and phrase thereof,
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
23. Applicable Law.
This IGA shall be interpreted, construed, and governed by the laws of the State of Colorado.
24. Amendments.
Amendments which are consistent with the purposes of this IGA may be made in writing
duly executed by the parties hereto and in accordance with Greeley and County rules and
Page 6 of 7 Pages
regulations and all other applicable laws and ordinances.
IN WITNESS WHEREOF, the parties hereto have signed their signatures on the date
first written above.
CITY OF GREELEY, COLORADO
By:
Tom Norton, Mayor
ATTEST:
Betsy( colde4Ja&
,tyClerk
APPROVED AS TO LEGAL FORM:
3-3
Do.tg Mara, City A rney
APPROVED AS TO SUB TANCE:
By:
anager
COUNTY OF WELD,
COLORADO
By:
William Garcia, Chairman
Board of County Commissioners
of Weld County, Colorado
�.�,..c, .? 9 2013
ATTEST ^moQ
Weld County Clerk to the Board
By:Set-
ce T. Barker, Weld County
Attorney
AVAILABILITY OF FUNDS:
By:
Victoria Runkle, Dire or of Finance
Page 7 of 7 Pages
o?0i3- ;355
t
THE CITY OF GREELEY, COLORADO
RESOLUTION 54 , 2013
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
PUBLIC SAFETY RECORDS MANAGEMENT IN WELD COUNTY, COLORADO
WHEREAS, the operation and maintenance of criminal records management, and a
criminal justice information system are proper governmental functions of both Greeley and the
County; and
WHEREAS, the parties have entered into previous intergovernmental agreements related
to the provision of Emergency Dispatch and Criminal Records management services entitled
"Intergovernmental Agreement for Provision of Communications, Records, and Criminal Justice
Information Systems," dated May 3, 1993, as amended by a document entitled, "Amendment to
Intergovernmental Agreement," dated May 2, 1994; and the Intergovernmental IGA for the
Provision of Public Safety Information System in Weld County, Colorado" dated June 7, 2010
("2010 IGA"); and
WHEREAS, the 2010 IGA and the prior agreements provided for the parties' cooperation
in a joint records management operation which has historically been managed by the City; and
WHEREAS, as part of their joint operation of the Weld County Regional
Communications Center and the Greeley/Weld Records Division the parties have historically
cooperated to operate and maintain a public safety information network system which provides
records functions and computer -aided dispatch functions in addition to other related functions;
and
WHEREAS, both parties desire to continue to cooperate in their criminal records and
public safety information system (collectively referred to herein as "the Public Safety
Information Network") and agree this should provide appropriate access to allow the City to
effectively manage the criminal justice records operation; and
WHEREAS, Greeley and the County are authorized to enter into this IGA, by virtue of
Section 29-1-203, C.R.S.; Article II, Section 2-3 of the Weld County Home Rule Charter; and
Section 3-7 of the City of Greeley Charter; and
WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into the
Intergovernmental Agreement with Weld County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GREELEY, COLORADO:
1. The City Council hereby authorizes the Mayor to enter into the Intergovernmental
Agreement, attached hereto and incorporated herein as Exhibit "A".
2. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 20th day of
August , 2013.
ATTEST:
THE CITY OF GREELEY, COLORADO
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