HomeMy WebLinkAbout20241954.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF CENTRALSQUARE
RECORDS MANAGEMENT SERVICE AND SUPPORT, AND AUTHORIZE CHAIR TO
SIGN - CITY OF FORT LUPTON POLICE DEPARTMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for the
Use of CentralSquare Records Management Service and Support between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Information Technology, and the City of Fort Lupton Police Department,
commencing upon full execution of signatures, and ending March 31, 2025, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for the Use of CentralSquare
Records Management Service and Support between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Information Technology, and the City of Fort Lupton Police Department, 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 22nd day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORA
ATTEST:
Weld County Clerk to the Board
BY:(i I,QU Z /l 014 1.01
Deputy Clerk to the Board
APPR
ounty ' t': ney
'TI7a/Z iJ ►�LoriSaine
Date of signature:
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oS/23/2y
Ke etrr B) Ross, Chair
erry L. Bak, Pro-Tem
Mike Freeman
K. James
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2024-1954
IT0013
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Fort Lupton RMS 2024 IGA
DEPARTMENT: IT
PERSON REQUESTING: Ryan Rose C4.1%
DATE: 5/29/2024
Brief description of the problem/issue:
This is the standard agreement for agencies using RMS. The included agreement is for Fort Lupton Police
Department
What options exist for the Board?
1) Sign the agreement.
2) Provide feedback on needed changes before signing the agreement.
Consequences:
Impacts:
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
$0
Recommendation:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
tr(\e
ces
r
2024-1954
-7/ Z2 LTOO3
INTERGOVERNMENTAL AGREEMENT FOR CENTRALSQUARE RECORDS USE AND SUPPORT
BETWEEN WELD COUNTY AND FORT LUPTON POLICE DEPARTMENT.
THIS AGREEMENT is made and entered into this 22nd day of July, 2024, by and between the
COUNTY OF WELD, COLORADO, by and through the Weld County Board of Commissioners
(hereinafter "Weld County" or "County"), and Fort Lupton Police Department (hereinafter "Fort Lupton
PD").
RECITALS
WHEREAS, the parties wish to arrange for FORT LUPTON POLICE DEPARTMENT: to access
the CentralSquare Records Management System ("RMS") that is the subject of that certain System
Purchase Agreement with incorporated addendums and Software Support Agreement between
CentralSquare Technologies, LLC ("CentralSquare") and Weld County, this IGA is subject to the terms
and conditions of those Agreements; and
WHEREAS, the parties have the authority to enter into agreements for the protection and
preservation of the public health and as may be necessary for the acquisition of equipment, and for the
provision of services; and
WHEREAS, Weld County and FORT LUPTON POLICE DEPARTMENT: are authorized to enter
into this Agreement pursuant to § 29-1-203, C.R.S., and Article II, § 2-3 of the Weld County Home Rule
Charter.
NOW, THEREFORE, in consideration of the following mutual agreements and covenants, Weld
County and FORT LUPTON POLICE DEPARTMENT: hereby agree as follows:
1. Agreement: The terms of this Agreement are contained in terms recited in this document and
any referenced agreements or attached Exhibits. Specifically, the terms of use as described in
the CentralSquare Systems Purchase Agreement and Software Support Agreement are
incorporated herein by reference.
2. Weld County Responsibilities:
Weld County will support FORT LUPTON POLICE DEPARTMENT:'s access to the RMS
through the Weld County Public Safety Network.
Weld County has contracted with CentralSquare and Weld County has been granted certain
license rights with respect to CentralSquare Licensed Program. The RMS is a component of
the licensed program. As the licensee under the_purchase Agreement, Weld County is
permitted to allow other Weld County law enforcement agencies to access and use the RMS.
The RMS includes, and FORT LUPTON POLICE DEPARTMENT: shall have access to, all
modules pertaining to RMS under the licensed program. FORT LUPTON POLICE
DEPARTMENT: will be provided access and may use the RMS as long as this Agreement is in
force.
3. FORT LUPTON POLICE DEPARTMENT: Responsibilities:
o?va-/ -19��
FORT LUPTON POLICE DEPARTMENT: will maintain their own staff, processes, and facilities
for records management.
FORT LUPTON POLICE DEPARTMENT: will be responsible for following the process for a
secure network connection for accessing the Weld County Public Safety network.
For each year this Agreement is in effect, FORT LUPTON POLICE DEPARTMENT: shall pay
Weld County as follows: (1) it's proportionate share of the cost incurred by Weld County for RMS
maintenance pursuant to the CentralSquare System Purchase Agreement (these costs are
calculated by comparing the number of dispatch Calls for Service generated by FORT LUPTON
POLICE DEPARTMENT: vis-a-vis the total number of Calls for Service generated by all law
enforcement agencies); and (2) for the cost of support provided by Weld County IT to FORT
LUPTON POLICE DEPARTMENT: ("Ongoing Agency Support") (calculated by the number of
Sworn Officers an agency employees).
For the Initial Term (defined in Section 4) of this Agreement, in addition to the costs described
above, FORT LUPTON POLICE DEPARTMENT: shall pay for a one-time Weld County Public
Safety IT system setup fee ("PSIT Basic Agency Setup") in the amount set forth in Exhibit A to
this Agreement.
Weld County shall invoice FORT LUPTON POLICE DEPARTMENT: within 30 days of the
execution of this agreement for initial term and FORT LUPTON POLICE DEPARTMENT: shall
pay such invoice within 30 days of receipt thereof. Annual payment will be due each year within
in 30 days of the receipt of the invoice.
FORT LUPTON POLICE DEPARTMENT: will be responsible for costs associated with any
products or services obtained directly by FORT LUPTON POLICE DEPARTMENT: from
CentralSquare, including but not limited to costs for training, travel, and equipment.
FORT LUPTON POLICE DEPARTMENT: will comply with present data standards being utilized
by the Weld County Records data standards group.
FORT LUPTON POLICE DEPARTMENT: acknowledges and agrees by entering into this
Intergovernmental Agreement, FORT LUPTON POLICE DEPARTMENT: will join as an
authorized user of the CentralSquare public safety software system licensed to the County of
Weld. FORT LUPTON POLICE DEPARTMENT: agrees to comply with all applicable terms and
conditions of the incorporated CentralSquare agreements. The County may immediately
terminate FORT LUPTON POLICE DEPARTMENT: license at any time if the agency breaches
the terms and conditions of the applicable agreements. FORT LUPTON POLICE
DEPARTMENT: agrees its license to the CentralSquare software is non -transferable.
FORT LUPTON POLICE DEPARTMENT: and their CCIC coordinator will enforces and maintain
all CJIS requirements including but not limited to, ensuring that all personnel accessing the Weld
County Public Safety Network will obtain, and maintain valid CJIS training and certification as
well as any Operator Security Number (OSN) issued by CCIC prior to accessing the Weld County
Public Safety Network; and enforcing all users are familiar with the contents of (1) CJIS manual's
Security Addendum, including its legal authority and purpose; (2) the NCIC Operating Manual;
(3) the CJIS Security Policy
4. Term: The Agreement becomes effective upon the date signed by the Weld County Board of
County Commissioners and shall continue in full force and effect until the following March 31st
("Initial Term"). The cost will be prorated for the initial terms to end on March 31. The agreement
shall renew automatically on April 1 for subsequent one-year terms. Prior to renewal of this
Agreement Weld County will review CentralSquare's RMS system maintenance costs and FORT
LUPTON POLICE DEPARTMENT: agency support costs and provide FORT LUPTON POLICE
DEPARTMENT: an estimate of costs for budget purposes.
5. No Debt/Non-Appropriation: It is hereby agreed and acknowledged by the parties that no
provision of this Agreement shall be construed or interpreted as creating an indebtedness or a
multiple fiscal year direct or indirect debt or other multiple -year financial obligation whatsoever
of FORT LUPTON POLICE DEPARTMENT: within the meaning of any constitutional or statutory
debt limitation provisions, including, without limitation, Article XI, Sections 1, 2, and 6, and Article
X, Section 20 of the Colorado Constitution. Notwithstanding anything in this Agreement to the
contrary, FORT LUPTON POLICE DEPARTMENT: payment obligations hereunder are
expressly subject to annual appropriation and budgeting of funds.
6. Termination: Each party has the right to terminate this Agreement, with or without cause, by
providing ninety (90) days written notice to the other party. If either party terminates this
Agreement, Weld County will provide FORT LUPTON POLICE DEPARTMENT: their data
stored within the RMS. Weld County Information technology shall provide the FORT LUPTON
POLICE DEPARTMENT: Police Department a collection of delimited text files containing the
data for their specific law incidents. PSIT will also provide descriptions of the corresponding
tables. If the information is not retrieved within 6 months, Weld County reserves the right to
delete it and FORT LUPTON POLICE DEPARTMENT: agrees, to the extent permitted by law,
to hold harmless and indemnify County against any claims, suits, or actions arising from the
deletion of such files.
7. Modification: Any amendments or modifications to this Agreement shall be made in writing
and signed by both parties.
8. Indemnity: To the extent permitted by law, each party agrees to indemnify, defend, and hold
the other, its officers, employees, and agents, harmless from and against any and all claims,
suits, expenses, damages, or any injury to persons, entities, or property, to the extent caused
or alleged to be caused by the acts, omissions, or failure to act of the other party in performing
its obligations or exercising its rights under this Agreement.
9. Non -Liability: The parties agree that in no event shall Weld County be liable for any
stoppage, delay, or any impairment in the operation of the RMS where such stoppage, delay,
or impairment results from acts of God, fire, war, legal or equitable proceeding, or any other
cause which is outside the control of the County.
10.Governmental Immunity: No portion of this Agreement shall be deemed a waiver, express or
implied, of any immunities, rights, benefits, protections, or other provisions which a party, or its
officers, employees, or agents, may possess pursuant to the Colorado Governmental Immunity
Act § 24-10-101, et seq., C.R.S., as applicable now or hereafter amended.
11. Governing LawNenue/Compliance with Law: Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and enforcement
of this Agreement. Any provision included or incorporated herein by reference which conflicts
with said laws, rules and/or regulations shall be null and void. The proper venue for any action
regarding this agreement shall be Weld County. All parties agree to comply with any
applicable federal, state, or local laws, rules, and regulations.
12. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this
Agreement is for any reason held or decided to be invalid or unconstitutional, such a decision
shall not affect the validity of the remaining portions. The parties hereto declare that they would
have entered into this Agreement and each and every section, subsection, paragraph, sentence,
clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
13. Third Party Beneficiary Enforcement: With the exception of Weld's right pursuant to Section
3 of this Agreement to terminate the license granted herein if the terms of the agreement with
CentralSquare are violated to FORT LUPTON POLICE DEPARTMENT:, it is expressly
understood and agreed that the enforcement of the terms and conditions of this Agreement, and
all rights of action relating to such enforcement, shall be strictly reserved to the undersigned
parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
14.Confidentiality: Each party understands and agrees to abide by the terms of C.R.S. 24-72-
301, et seq. Each party shall be responsible for protecting the confidential information of its
citizens, and shall follow commonly accepted CJIS standards for maintaining such
confidentiality and actively securing confidential information and records. During the term of
this MOU and at all times thereafter, Parties shall not collect, use, or disclose any confidential
information except to the extent such use or disclosure is necessary in the performance of
required job duties, this MOU, or required by law. An agency may not disclose the RMS data of
another agency without the owning agency approval.
15. Employee Financial Interest/Conflict of Interest: The signatories to this Agreement aver
that to their knowledge, no employee, officer, or agent of any included party has any personal,
beneficial interest whatsoever in the distribution of the funds that are the subject matter of this
Agreement. No party's employee, officer, or their immediate family shall benefit financially
from this Agreement or the distribution of the available funds.
16. Fund Availability: Nothing in this Agreement shall be construed to require the Weld County
Board of County Commissioners to provide funding for any purpose under this Agreement that
has not previously been budgeted.
17. Notice: Each party shall designate a representative, who shall make, within the scope of his
or her authority, all necessary decisions with respect to this Agreement. This representative
also shall serve as the contact point for communications regarding this Agreement.
18. Ownership and Maintenance: Weld County shall own and maintain all information
technology infrastructure as it relates to this Agreement. Each party shall maintain and own
their own hardware and software. Any information provided by FORT LUPTON POLICE
DEPARTMENT: shall remain the property of FORT LUPTON POLICE DEPARTMENT:. Each
agency is responsible for meeting their requirements for privacy and confidentiality.
-�tt/ ATTEST: v° ��•� BOARD OF COUNTY • ►i ISSIONERS
Weld C u y Clerk to the ELD CO
BY:
Deputy Clerk to the Board ��t/ '"��''� " y� D. Ross, Chair
CITY OF FORT LUPTON POLI MENT:
William Carnes, Chief of PoliceW.2 Sfreg
Dat
Chriistopf 1c,Ross, City Administrator
ATTEST' ,.(J�.
day . i Q,�•'`��Gf!ii1� Ialli�oZ �►" eite-�. i
SEAL )z7:3 D to
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INTERGOVERNMENTAL AGREEMENT FOR CENTEALSQUARE RECORDS USE AND SUPPORT
BETWEEN WELD COUNTY AND FORT LUPTON POLICE DEPARTMENT.
JUL 2 2 2024
ate
EXHIBIT A
Future estimated annual cost (November — November):
CENTRALSQUARE MAINTENANCE
ONGOING AGENCY SUPPORT
$ 2,725.56
$ 4,440.29
TOTAL $ 7,192.85
Contract Form
Entity Information
Entity Name* Entity ID*
CENTRAL SQUARE TECHNOLOGIES @00043326
LLC
Contract Name *
FORT LUPTON PD RMS IGA
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
8423
Contract Lead *
JTHIMGAN
Contract Lead Email
jthimgan@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
THIS IS THE STANDARD AGREEMENT FOR AGENCIES USING RMS. THE INCLUDED AGREEMENT IS FOR FORT
LUPTON POLICE DEPARTMENT
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable *
YES
Automatic Renewal
YES
Grant
IGA
YES
Department Requested BOCC Agenda Due Date
INFORMATION Date* 06/20/2024
TECHNOLOGY-GIS 06/24/2024
Department Email
CM-
InformationTechnologyGI
S@weldgov.com
Department Head Email
CM-
InformationTechnologyGI
S-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
IGA Deadline Date
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date"
11/01/2025
Renewal Date"
11/01/2025
Committed Delivery Date Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
RYAN ROSE CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
07/09/2024 07/10/2024 07/15/2024
Final Approval
BOCC Approved Tyler Ref #
AG 072224
BOCC Signed Date Originator
JTHIMGAN
BOCC Agenda Date
07/22/2024
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