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Home My WebLink About20210080.tiffL--714>tez /D 11171.96 BOARD OF COUNTY COMMISSIONERS ' PASS -AROUND REVIEW PASS -AROUND TITLE: 2021 Weld County Guard Terminal Services Agreement with Town of Hudson DEPARTMENT: Sheriffs Office DATE: 12/29/2020 PERSON REQUESTING: Cpt. Sam Kaneta and Sonja Kohlgraf, WCSO Budget Manager Brief description of the problem/issue: Attached is the partially signed agreement with the Town of Hudson on behalf of its Police Department for the use of the Guard Terminal. Authorized users will be able to make entries into the CO Crime Information Center /National Crime Information Center. The agreement language was reviewed and approved by the County Attorney. The agreement term is 1/1/2021 to 12/31/2021 and can automatically be extended from year to year. Entries will be tracked by the agency throughout the year and billed at the end of the year using an average of the two previous calendar years. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) Approve the agreement and authorize the Chair to sign 2) Request more information and schedule a work session. 3) Not approve the agreement. Hudson PD will not be able to use the Guard Terminal. Recommendation: We recommend the Board of County Commissioners approve this service agreement and for the Chair to sign it. Thank you. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Approve Recommendation mfVicLuirti"- n Schedule Work Session Other/Comments: c&: 6sa //-�/ 2021-0080 So co Karla Ford From: Sent: To: Subject: Approve - thanks! ** Sent from my iPhone ** Scott James Tuesday, December 29, 2020 2:03 PM Karla Ford Re: Please Reply - PA Request for Guard Terminal service agreement with Hudson Scott K. James Weld County Commissioner, District 2 1150 0 Street, P.O. Box 758. Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited On Dec 29, 2020, at 1:29 PM, Karla Ford <kford@weldgov.com> wrote: Please advise if you approve recommendation. Thanks! Karla Ford R Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 .: 970.336-7204 :: kford@weldgov.com :: www.weldoov.com :. **Please note my working hours are Monday -Thursday T:00a.m.•5:00p.m.** <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Sonja Kohlgraf <skohlgraf@weldgov.com> Sent: Tuesday, December 29, 2020 1:26 PM To: Karla Ford <kford@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: PA Request for Guard Terminal service agreement with Hudson Hello Karla and Cheryl, 1 WELD COUNTY GUARD T :RMINAL SERVICES AGREEMENT THfi AGREEMENT is made and and b tween the County of Weld, a body throu h its Board of County Commissioner 8063 , on behalf of the Weld County Sheri Town of H adson with an address of 50 B Polic . Department, hereinafter referred to t WHEREAS, the WCSO Records Termal Se rvices as described in this Agre WH REAS, the Department has th WCSO for its costs to provide the services NOW, THEREFORE, in conside herein; the parties hereto agree as follows: and Termination. The term of tJ r 31, 2021 and, subject to the automatically on an annual ba g served upon the other party i ation. 2. Germinal Services. The Guard ent, to make entries into the C� C me ►formation Center (NCIC) d D ent of Public Safety Commu T nun Services to Department and C IC/N IC databases. 3. C t and Invoicing. Department agree G and Terminal Services. WCSO will p: th Department's number of entries ini sy em shall be designated as a "trans co tube a transaction. Failure to pay u WSO 10 revoke the Department's acs aveyagecit for the two previous calendar y :ntered into this jL day of DKQIN UCV , 202Lj by orporate and politic of the State of Colorado, by and whose address is 1150 "O" Street, Greeley, Colorado f s Office, hereinafter referred to as "WCSO", and the ech Street, Hudson, Colorado 80642 on behalf of its "Department." ("Records") can provide Department with Guard went, and need to use these services, and agrees to compensate s outlined in this Agreement. tion of the mutual promises and covenants contained is Agreement shall be from January 01, 2021 through Department's annual appropriation of funds, shall be is thereafter unless sooner terminated by either party later than sixty (60) days prior to the expected date erminal Services allow an authorized user, including lorado Crime Information Center (CCIC) / National tabases. In coordination with the Weld County rications, Records will make available the Guard �v11 track Department's number of entries into the t to reimburse WCSO for the costs of providing the rovide an invoice to Department annually based upon o the CCIC/NCIC databases. Each "entry" into the faction." Data removal from the system shall not ndisputed invoices within thirty (30) days shall entitle ess to the services. The billing for entries shall be ears, in a tiered manner as provided below: 020,Z/ - ae ro Entries Cost 0-9 10 —19 $500 $750 $1,500 $3,000 $6,000 $7,500 $9,000 20 — 49 50 — 99 99 — 149 150 —199 200 — 249 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. $. 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, by either party of any of the immunities, rights, rtefits, protections or other provisions; 4-10-, 01, et seq., as applicable now c 13. No Third -Party Beneficiary. It is exp tht terns and conditions of this Ag enforcement, shall be strictly reserved to shall give or allow any claim or right of this Agr ement. It is the express intenti� the undersigned parties receiving sery inaidentel beneficiary only. 14. Choice of Law/Jurisdiction. Colorado thereto, ahall be applied in the interpre Any projvision included or incorporate rues and/or regulations shall be null t parties, tte parties agree that the Weld to esoltie said dispute. 15. Acnov ledgment. WCSO and the I Agpem t, understands it and agrees to thip Agreement is the complete and excl suiersedes all proposals or prior agreen between the parties relating to the subjet 16. Subject to Annual Appropriation. Co tstituuon, any financial obligation of year is subject to annual appropriation, s shall not constitute a mandatory charge, year. 1 11.k.WNE 41.#141 i ATTEST: of the Colorado Governmental Immunity Act, C.R.S. r hereafter amended. ressly understood and agreed that the enforcement of eement, and all rights of action relating to such the undersigned parties and nothing in this Agreement action whatsoever by any other person not included in �n of the undersigned parties that any entity other than ices or benefits under this Agreement shall be an law, and rules and regulations established pursuant :lion, execution, and enforcement of this Agreement. herein by reference which conflicts with said laws, �d void. In the event of a legal dispute between the ounty District Court shall have exclusive jurisdiction lepartment acknowledge that each has read this be bound by its terms. Both parties further agree that tsive statement of agreement between the parties and ents, oral or written, and any other communications t matter of this Agreement. Consistent with Article X, § 20 of the Colorado he Department not performed during the current fiscal tall extend only to monies currently appropriated, and equirement, debt or liability beyond the current fiscal S WHEREOF, the parties her to have signed this Agreement this tr , 202O? r than C cid, ToClerk I c` TOWN OF HUDSON On Behalf of the Hudson Police ` Department: V in, Laura Hargis, May r day of ATTEST: doittiL) G •JC.49;t1 Weld Clerk to the B BY:--. Deputy Clerk WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ''t_2�wiS Steve Moreno, Chair D COUNTY Sb6CRIFF: Steve Reams /`� JAN 1 12(121 0,2o,2 /- 06eo Contract Form Entity Information Entity Name* TOWN OF HUDSON New Contract Request Entity ID* ?{?0001401 Contract Name* WELD COUNTY GUARD TERMINAL SERVICES AGREEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 4366 Contract Lead* SKAN ETA Contract Lead Email skaneta gco.weld.co.us; s koh Ig rafgweldgov. eom Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGREEMENT BETWEEN WCSO RECORDS DEPT AND TOWN OF HUDSON (POLICE DEPT) TO USE THE WC RECORDS GUARD TERMINAL. TRANSACTIONS BILLED YEARLY Contract Description 2 Contract Type* AGREEMENT Amount $ 0.00 Renewable* YES Automatic Renewal YES Grant IGA Department SHERIFF Department Email CM -Sheriff weldgov.com Department Head Email CM-Sheriff- DeptHead., weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYAIIORNEYIWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 01 11.2021 Due Date 01<07?2021 Will a work session with BLICC be required?* NO Does Contract require Purchasing Dept. to be included? NO 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* 10, 01" 2021 Renewal Date* 12;'31.2021 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head DONNIE PATCH DH Approved Date 01,'04,2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01;11,`2021 Originator SKOHLGRAF Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 01f05i2021 01105:2021 Tyler Ref # AG 011121 Hello