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HomeMy WebLinkAbout20132354.tiffRESOLUTION RE: APPROVE AMENDMENT TO JULY 7, 2010, INTERGOVERNMENTAL IGA FOR PROVISION OF PUBLIC SAFETY INFORMATION SYSTEM 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 Amendment to the July 7, 2010, Intergovernmental IGA for the Provision of Public Safety Information System 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 amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to the July 7, 2010, Intergovernmental Agreement for the Provision of Public Safety Information System 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 amendment. 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 COUNTY COMMISSIONERS WELD C" COLORADO ATTEST: r vt��_• Weld County Clerk to the Board BY: APP Deputy Cler the Board rfty Attorney illiam F..arcia, Chair �Pz aLv- Douglas Rddemacc r, ro-Tem eanP. Conway Freeman arbara Kirkmeyer de arede y Ce.a_ss), .Sly Date of signature 0 4 2013 2013-2354 SO0034 AMENDMENT TO JULY 7, 2010, INTERGOVERNMENTAL IGA FOR THE PROVISION OF PUBLIC SAFETY INFORMATION SYSTEM IN WELD COUNTY, COLORADO THIS AMENDMENT to the July 7, 2010, Intergovernmental Agreement For The Provision ofublic Safety Information System In Weld County, Colorado, is made and entered into this 19— day of August, 2013 (hereinafter "IGA"), by and between the COUNTY OF WELD, COLORADO, by and through the Weld County Board of Commissioners (hereinafter "County"), and the CITY OF GREELEY, COLORADO, by and through the Greeley City Council (hereinafter "City"). RECITALS WHEREAS, the joint operation by the City and the County of the Public Safety Information Network within Weld County was memorialized in the IGA; and WHEREAS, the parties agree that it is in their best interest and the interest of all agencies receiving Public Safety Information Network services to have the County assume operation of the Weld County Regional Communications Center; and WHEREAS, the parties currently cooperate in a joint records management operation; and WHEREAS, the City will manage criminal records and evidence services related to the Public Safety Information System under the terms of separate intergovernmental agreements; and WHEREAS, in light of the County assuming responsibility for the WCRCC, the City and the County desire an orderly conclusion of the matters addressed in the IGA; and WHEREAS, County and City are authorized to enter into this Agreement pursuant to § 29-1-203, C.R.S., Article II, § 2-3 of the Weld County Home Rule Charter, and § 3-7 of the City of Greeley Charter. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, County and City hereby agree to amend the IGA as follows: 1. Recitals. The above set forth Recitals are incorporated herein as if fully set forth. 2. Termination of IGA. Notwithstanding any and all language in the IGA regarding termination, the IGA, and this Amendment thereto, shall terminate on January 1, 2014, unless a sooner date of termination is agreed to in writing by both parties. 3. County Assumption of Public Safety Dispatch Services. The County shall assume responsibility for public safety dispatch services and the Weld County Regional Communications Center upon execution of this Amendment. Costs for providing dispatch services shall be the County's responsibility beginning January 1, 2014. Cost allocation between the City and the County from the date of this Amendment through Page 1 of 6 Pages December 31, 2013, shall continue as determined pursuant to the formula for allocation of costs provided for in the IGA for Public Safety Information System dated July 7, 2010. 4. Transition Access and Assistance. Upon the date of signature of this Amendment by both parties, City shall make best efforts to assist County and allow County access to all aspects of the Weld County Regional Communications Center in order to facilitate the transition of emergency dispatch services to County. 5. Public Safety Information Network Oversight Board. Upon the date of signature of this Amendment by both parties, the Public Safety Information Network Oversight Board shall be disbanded. Authorization of payments from the Public Safety Information Network Enterprise Fund shall be pursuant to Section 6(b) of this Amendment. 6. Public Safety Information Network Enterprise Fund. a. Any funds remaining in the Public Safety Network Enterprise Fund (hereinafter "Enterprise Fund") after the final financial close out of the operations of the Enterprise Fund shall be split among the City of Greeley, County of Weld, and the Weld County E- 911 Authority according to the amount contributed by each party. The City shall transfer the Weld County E-911 Authority's and the County of Weld's shares of the Enterprise Fund no later than March 15, 2014, and such obligation to disburse such funds shall survive the termination on January 1, 2014, of the IGA and this Amendment. b. Upon execution of this Amendment, responsibility for making payments from the Enterprise Fund, as detailed in Section 20 of the July 7, 2010, IGA, shall be transferred from the Public Safety Information Network Oversight Board to both the City's Finance Director and the County's Director of Public Safety Communications. Authorization of any payment shall require written consent by both the City's Director of Finance and the County's Director of Public Safety Communications. The Enterprise Fund and authorization of payment outlined herein shall survive the termination on January 1, 2014, of the IGA and this Amendment. 7. Spillman Contract. The City currently has license and support agreements in place with Spillman Technologies, Inc. (hereinafter "Spillman"), for the continued provision of services by Spillman for the Public Safety Information Network. City and County agree to the following regarding City and County entering into new agreements with Spillman. Such new agreements shall supersede the current license and support agreements City has with Spillman. a. Prior to the termination date of this Amendment, City and County shall enter into separate agreements with Spillman which shall supersede the existing agreement City has with Spillman and provide for the following: i. County shall enter into a host agency agreement with Spillman that shall provide for the continued provision of support and maintenance to the existing Spillman system. Page 2 of 6 Pages County, at its sole discretion, may contract for additional services from Spillman in the host agency agreement. ii. City shall enter into a shared agency agreement with Spillman. As part of the shared agency agreement, City shall not be required to pay any additional license fees for utilizing the Spillman system. b. County, upon execution of the host agency agreement with Spillman, shall control access of non -County entities to the Spillman system. County shall provide City with reasonable and necessary access to the Spillman system to allow City to provide records and evidence management services, the terms of which shall be memorialized in separate records and evidence management agreements between City and County. City shall also be provided with reasonable access to the Spillman system for other necessary purposes, as determined in the reasonable discretion of County, including, but not limited to, the configuration of mobile data terminals. 8. Records Management. The parties currently cooperate in a joint Records Management operation. The parties shall execute a separate Records Management Agreement. Nothing contained herein shall be deemed to affect the parties' Records Management operation. 9. Equipment and Furniture. Greeley, County and the E911 Authority have separately and/or jointly provided or acquired ownership of equipment and furniture currently located in the WCRCC. Ownership shall remain in whole or proportionately with each of the respective entities for equipment and/or furniture provided by it. Notwithstanding the foregoing, County, in association with the E-911 Authority Board where applicable, may replace or surplus any such equipment and furniture as it becomes obsolete or unnecessary. 10. Provision of Towers and Related Infrastructure. County shall provide all towers, radio transmission and receiving equipment, apart from portable radios and vehicle radios, and any and all related infrastructure necessary for the provision of emergency dispatching services throughout Weld County. County also shall be responsible for all maintenance of all such equipment. Costs incurred by County in the course of maintaining radio equipment utilized by the WCRCC, including all tower and radio transmission and receiving equipment, shall be incorporated into the cost allocation formula set forth in the July 7, 2010, IGA. 11. Maintenance of Public Safety Radio Network. County agrees, with assistance from the E- 911 Authority Board where applicable, to maintain all equipment associated with dispatching calls for the WCRCC, and shall keep all records and data pertaining to the performance of such maintenance. Costs incurred by County in the course of such maintenance shall be incorporated into the cost allocation formula set forth in the July 7, 2010, IGA. 12. Licensing and Compliance with Applicable Laws. a. County shall maintain all current FCC licenses for all radio frequencies in the Public Safety Radio Network in the name of the original license holder. County agrees to comply with all applicable federal, state, county, and local laws, rules, regulations, Page 3 of 6 Pages ordinances, orders, and decrees in effect at the time of execution of this Amendment. The parties agree that later -enacted laws, rules, regulations, ordinances, orders, and decrees may require modification of this Amendment. Costs incurred by County in the course of such maintenance shall be incorporated into the cost allocation formula set forth in the July 7, 2010, IGA. b. To the extent authorized by law, County agrees to indemnify, defend, and hold harmless City against any claim or liability related to the County's operation of the WCRCC and the backup center occurring after the effective date of this Amendment and arising from County's violation of any such applicable laws, rules, regulations, ordinances, orders, or decrees, to the extent provided (or limited) by law. 13. Transition of Personnel. a. "Transitioned Personnel" means personnel of City in the positions of Dispatcher I and Dispatcher II immediately prior to the effective date of this Agreement who are offered and accept employment with County to continue to provide dispatch operations for the WCRCC. Transitioned Personnel shall transition from City employment to County employment effective September 2, 2013. b. County's offer of employment to such personnel shall be in accordance with rates and terms for individuals possessing the skills, experience and qualifications of the personnel to be transitioned but no less than employee's current rate of pay with City. Transitioned Personnel are identified as such in Schedule A of this Amendment (entitled "Transitioned Personnel"). c. In order to accomplish this transition, City will notify Transitioned Personnel of the transfer of the WCRCC and the elimination of their City position in accordance with Article IV, Section T of the City's employee Handbook. d. Contemporaneously with the notice of position elimination provided by City (as set forth in paragraph 13.c. above), County shall provide an offer of employment to all Transitioned Personnel. e. During the first ninety (90) days following the Amendment effective date, County agrees not to terminate, except for cause, the employment of any Transitioned Personnel. f. City benefit plans for Transitioned Personnel will terminate in accordance with plan provisions for terminating employees. County will have no liability or obligation of any kind for any such benefit plan and City agrees to pay out all appropriate vacation and sick leave compensable balances to the employee. g. Transitioned Personnel will retain their years of service of employment with City for the purposes of calculating leave accrual with County. Page 4 of 6 Pages h. City acknowledges that all employees will be County employees and County will be responsible for the hiring, training and discipline of those personnel, including those handling Greeley Police and Fire dispatching. 14. Dispute Resolution. Any conflicts between the parties will be resolved by the County's Communications Director and the Greeley Police Department's designee to the Weld County Regional Communications Center. 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. 15. Employment Status. It is expressly agreed and understood that County and its employees are not agents, servants, or employees of Greeley. All employees of County shall work exclusively for County and shall not be considered employees of Greeley nor shall they be eligible for Greeley benefits. Greeley assumes no liability for County employees who may be injured while working in the facilities identified herein. County assumes no liability for Greeley employees or employees subcontracted by Greeley who may be injured while working in the facilities identified herein. 16. All Other Terms In Full Force and Effect. Except as provided herein, all other terms and conditions of the original IGA shall remain the same to and until the IGA termination date set forth herein, and are hereby ratified and affirmed. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 5 of 6 Pages IN WITNESS WHEREOF, the parties hereto have signed their signatures on the date first written above. CITY OF GREELEY, COLORADO By: ALP/L- Tom Norton, Mayor ATTEST: Betsy (kIolder, City Clerk APPROVED AS TO LEGAL FORM: BY< APPROVED S TO S d_i w STANCE: By: Manager COUNTY OF WELD, COLORADO By: William Garcia, Chairman Board of County Commissioners of Weld County, Colorado ATTr.G.. Weld County Clerk to the Boar T. I arker, Weld County Attorney AVAILABILITY OF FUNDS: By: 3%C4! Victoria Runkle, Director of Finance Page 6 of 6 Pages a'1J -a3S' THE CITY OF GREELEY, COLORADO RESOLUTION 51 , 2013 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY TO ENTER INTO AN AMENDMENT TO THE JULY 7, 2010, INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF PUBLIC SAFETY INFORMATION SYSTEM IN WELD COUNTY, COLORADO. WHEREAS, the parties have previously entered into 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, 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, the 2010 IGA made some changes to the parties' historic joint operation of the Weld County Regional Communications Center including agreements related to the City's contracting for a public safety information network software system and the County's provision of Information Technology support for that system; and WHEREAS, pursuant to the 2010 IGA and the prior agreements, the City has managed the operations of the Weld County Regional Communications Center since 1993; and WHEREAS, the parties agree that it is in their best interest and the interest of all agencies receiving Public Safety Information Network services through the Weld County Regional Communications Center to have the County assume operation of the Weld County Regional Communications Center and that the terms of this transition must be identified and agreed upon; and WHEREAS, the 2010 IGA also provided for the parties' cooperation in a joint records management operation which has historically been managed by the City; and WHEREAS, the parties agree that the City should continue to manage criminal records services related to the Public Safety Information System and that the terms of such management should be set forth in a separate intergovernmental agreement; and WHEREAS, in light of the County assuming responsibility for the Weld County Regional Communications Center, and the separation of the criminal records management services into a separate agreement, the City and the County desire an orderly conclusion of the matters addressed in the 2010 IGA; 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 recognize the need to transition contractual obligations due to the County's role in management of the Weld County Regional Communications Center; and WHEREAS, County and City are authorized to enter into this Agreement pursuant to § 29-1-203, C.R.S., Article II, § 2-3 of the Weld County Home Rule Charter, and § 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 City Clerk Last, First Name Current Job Class Title HARRIS, VALERIE MIODUSKI, ANNE OLSEN II, ROBERT PATTERSON, MARC PFEILER, LAURIE PONCELOW, RALENE RAMOS, NALBERTA ACHZIGER, MARY ARNSDORF, MICHAEL BYRNE, SARAH CRUZ, HOLLY DOBBS, STACY DONNELLY-HUNTER, JENNIFER EBERLE, JAMIE HATHCOCK, ADAM HAYNES, MICHELLE JOHNSON, SANDRA JOHNSON, SUSAN JONES, MICHELLE KHAFFAJI, AMANDA KONDLY, MICHELLE LAFLEUR, ANN MADRIGAL, MARIE MALEY, ELIZABETH MARTINEZ, JEANINE MATA, ANDREA MELENDEZ, LENA MILYARD, SAMANTHA MOSER, LORI NINNEMAN, KASEY OLIVAS, APRIL ORECCHIO, ANGELA PAXTON, MELODY PISANO, JENNIFER POWELL, TINA POWERS, JESSICA REYES DE LA TORRE, TANIA RODRIGUEZ, KIMBERLY RYAN, RHIANNON SCHULTE, TREVOR SCHUMACHER, ASHLEY SCHUMACHER, LAURA DISPATCHER II DISPATCHER II DISPATCHER II DISPATCHER II DISPATCHER II DISPATCHER II DISPATCHER II DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I SCHEDULE A 201Z-2354 50 0039 SHEFFER, JENNIFER SPARKS, ANTHONY STRANG, CHELSEA STUDER, ALEJANDRA SWANSON, TAMERA TROTTER, JANNA WELCH, ROCHELLE WHIPPLE, KELLI DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I DISPATCHER I SCHEDULE A Hello