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Home My WebLink About20223193.tiffConivad-IDI 3-1 WELD COUNTY GUARD TERMINAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ILITday of Npvembek 2021, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631, on behalf of the Weld County Sheriffs Office, hereinafter referred to as "WCSO", and the Town of Keenesburg, hereinafter referred to as the "Town". WHEREAS, the WCSO Records ("Records") can provide the Town with Guard Terminal Services as described in this Agreement, and WHEREAS, the Town has the need to use these services, and agrees to compensate WCSO for its costs to provide the services as outlined in this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Term and Termination. The term of this MOU shall be from January 01, 2023 - December 31, 2023 and shall be renewed automatically on an annual basis thereafter unless sooner terminated by either party in writing served upon the other party no later than sixty (60) days prior to the expected date of termination. 2. Guard Terminal Services. The Guard Terminal Services allow an authorized user, including the Town, to make entries into the Colorado Crime Information Center (CCIC) / National Crime Information Center (NCIC) databases. In coordination with the Weld County Department of Public Safety Communications, Records will make available the Guard Terminal Services to the Town, and will track the Town's number of entries into the CCIC/NCIC databases. 3. Cost and Invoicing. The Town agrees to reimburse WCSO for the costs of providing the Guard Terminal Services. WCSO will provide an invoice to the Town annually based upon the number of entries into the CCIC/NCIC databases. Each "entry" into the system shall be designated as a "transaction". Data removal from the system shall not constitute a transaction. Failure to pay undisputed invoices within thirty (30) days shall entitle WCSO to revoke the Town's access to the services. The billing for such entries shall be averaged for the two previous calendar years, in a tiered manner as provided below: constn+ /1-4/2o2.2 Entries Cost 0-9 $500 $750 $1,500 $3,000 $6,000 $7,500 $9,000 10 -19 20 - 49 50-99 99 -149 150-199 200 - 249 Cr2) ti 01.2-A 2022-3193 SO 0643 4. Notices. Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, postage prepaid. Any notice mailed and/or served as set forth above, shall be deemed delivered and effective upon receipt or delivery. 5. No Indemnification. Each party to this Agreement shall be responsible for any liability arising from its own conduct. Neither party agrees to insure, defend or indemnify the other. 6. Non -Assignment. Neither party may assign any rights under this Agreement to any other person or entity. 7. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 8. Compliance with Law. All parties shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, related to the subject matter of this Agreement. 9. Non -Exclusive Agreement. This Agreement is nonexclusive and WCSO may provide the Services described herein to other persons or entities as permitted by law. 10. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein (if any), contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 11. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 12. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24 -I0 -10I et seq., as applicable now or hereafter amended. 13. No Third -Party Beneficiary. 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. Choice of Law/Jurisdiction. 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. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 15. Acknowledgment. WCSO and the Town acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 1"t day of 202ji. TOWN: /4 By: Name: 6. e_l Title: Mayor Date /t 1-7-2-(2-7_ WELD COUNTY: ATTEST: Weld Cou BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scott K. James, Chair NaJ 1 42:2 WELD COUNTY E1ERIFF: Steve Reams Contract Form New Contract Request Entity Information Entity Name" TOWN OF KEENESBURG ❑ New Entity? Entity ID* WO0003349 Contract Name" Contract ID WELD COUNTY GUARD TERMINAL SERVICES AGREEMENT 6437 STATING 2023 Contract Status CTB REVIEW Contract Lead ACALDWELL Contract Lead Email acaldwell@co.weld.co.us, skohlg rafOweldgov.com Parent Contract ID 4384 Requires Board Approval YES Department Project # Contract Description" BETWEEN TOWN OF KEENESBURG AND WCSO; ENTRIES INTO CCIC NTL CRIME INFORMATION CENTER DATABASE; INVOICED YEARLY BASED ON AVERAGE TWO PREY. YEAR TOTAL (SEE COST DETAIL IN AGREEMENT) Contract Description 2 Contract Type" AGREEMENT Amount $ 0.00 Renewable" YES Automatic Renewal Grant IGA Department SHERIFF Department Email CM-SheriffPweldgov.corn Department Head Email CM-Sheriff- DeptHead Wweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- C:OU NTYATTORN EYW W ELDG OV.COM Requested BOCC Agenda Date 1 1 : 09: 2022 Due Date 1 1 ; 05; 2022 Will a work session with BOCC be required?" NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA 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 Review Date" 10115?2025 Renewal Date" 12'31 2025 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasin Approval Process Department Head DONNIE PATCH DH Approved Date 11103/2022 Final Approval BOCC Approved 00CC Signed Date BOCC Agenda Date 1 1,,`©9/2022 Originator SKOHLGRAF Contact Type Contact Email Contact Phone 1 Contact Phone 2 Finance Approver CHERYL PATTELLI Purchasing Approved Date Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 11/04;2022 Tyler Ref AG 111422 11,.'07/2022 Hello