HomeMy WebLinkAbout20210523.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF VIDEO
MONITORING SYSTEM OF GREELEY-EVANS TRANSIT 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 Use
of the Video Monitoring System of the Greeley -Evans Transit 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 Public Safety Communications, and the City of Greeley, commencing upon full
execution of signatures, 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 Use of the Video Monitoring
System of the Greeley -Evans Transit 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
Public Safety Communications, 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 24th day of February, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: de,tifiev jeki,
Weld County Clerk to the Board
County Attorney
Date of signature:CB � I @ I
oreno, Chair
-L0-I"z7-
2021-0523
CM0028
C C : a -Oita /0Q
oy/12/2►
BOCC STAFF USE
Date Set: Time:
BOARD OF COUNTY COMMISSIONERS covrk To 41_114-p
WORK SESSION REQUEST f"I
WORK SESSION TITLE: IGA for Video Monitoring for Greeley Transit
DEPARTMENT: Public Safety Wireless Communications DATE: 02/02/2021
PERSON REQUESTING:
Michael Wallace. EXTENSION: 2890
Has your Commissioner Coordinator or BOCC Chair approved the work session?
_X_Yes, Commissioner Coordinator
Yes, BOCC Chair
Recommended length of time needed for discussion:
X_15 minutes 30 minutes
other (list) :
In addition to yourself and the board, please list who should attend:
Don Warden
Walt Leslie
Brief description of the issue: Informational only _X Action needed
Attached is an IGA for monitoring capabilities for the Greeley Evans Transit. This
agreement provides access to WCRCC to access live video in emergency situations if
deemed by Greeley Police or Fire departments.
Note: this software has been available to WCRCC for about 3 to 4 years, just now
getting around to formalizing it in an IGA
IGA has been approved by County Attorney
Options for the board:
Approve — IGA for software access in emergency situations as requested.
Disapprove
Recommendation to the board:
Approve IGA for remote access into Transit camera's
BOARD CHAIR USE
Results/Outcomes:
2021-0523
ocqay
Gmoo@�s
DocuSign Envelope ID: 55FB5B75-5D56-40CA-90EE-C3EE63DD569C
INTERGOVERNMENTAL AGREEMENT FOR USE OF VIDEO MONITORING SYSTEM
BETWEEN CITY OF GREELEY AND WELD COUNTY
THIS AGREEMENT is made and entered into this 15 day of January, 2021, by and between
the City of Greeley, Colorado (hereinafter "Greeley") and Weld County, Colorado
(hereinafter "County").
RECITALS
WHEREAS, Greeley has an on -board video monitoring system including video cameras
(hereinafter "Video Monitoring System") located in all of the transit vehicles operated by Greeley Evans
Transit (hereinafter "GET") for public safety purposes; and
WHEREAS, Greeley and County have entered into an Intergovernmental Agreement authorizing
the Weld County Regional Communications Center (hereinafter "WCRCC") to provide computer aided
dispatch services for Greeley; and
WHEREAS, Greeley and County have determined that the citizens of Greeley and Weld County
would benefit if the WCRCC had the ability to access the Video Monitoring System in emergencies and
for public safety purposes; and
WHEREAS, Greeley and County are authorized to enter into this Agreement pursuant to C.R.S.
§ 29-1-203, 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 Greeley hereby agree as follows:
1. Agreement: The terms of this Agreement are outlined below. This Agreement and any addenda
and exhibits attached hereto, set forth all of the covenants, promises, agreements and conditions
between Greeley and County and there are no other covenants, promises, agreements or
conditions, either oral or written, between them related to the subject covered by this Agreement.
2. Description of Video Monitoring System and Usage:
a. GET owns and operates an onboard video monitoring system currently provided by
Apollo Video Technology (hereinafter "Apollo"). Apollo's Video Monitoring System's
technology provides real-time video and audio viewing and recording in all GET transit
vehicles, as well as historical video and audio retrieval and preservation.
b. Greeley grants to County the right to use the licensed access to software known as
"RoadRunner Secure Management Software" (also known as "RSM") to view real-time
video and audio of any GET vehicle that County or Greeley believes to have a police,
fire, or medical emergency on board or in camera view.
DocuSign Envelope ID: 55FB5B75-5D56-40CA-90EE-C3EE63DD569C
i. WCRCC shall only use Apollo program when there is an emergency onboard or
about the bus and usage of the program will assist responders with visual and
audible clues of the emergency situation and how to respond accordingly.
ii. COUNTY shall have access to the Video Monitoring System 24 hours per day, 7
days per week, and 365 days per year for viewing and monitoring activity on or
around the identified GET vehicle.
c. Access to the Apollo program by County shall be limited to one work station during the
emergency to reduce impacts to technological systems due to reduced band width and
keep data usage minimal.
d. All employees of WCRCC must participate in training on access and use of Apollo
provided by GET. Employees of WCRCC who have not received the required training
may not access or use Apollo.
e. GET may elect to assign training responsibility to WCRCC after initial training is
complete.
f. GET will provide County with access to load Apollo software onto the workstations at
WCRCC once greater than 50% of the employees at WCRCC have received the required
training.
3. Interference of Damage to WCRCC equipment: Greeley shall not be liable to County for any
unintentional interruption of service of or for unintentional interference with the operation of any
equipment or any service of WCRCC arising in any manner from County's use of the Video
Monitoring System. Greeley shall use its best efforts to resolve interference conflicts as soon as
feasible by contacting Apollo.
4. Term: This Agreement becomes effective upon full execution of the Agreement by the parties.
This agreement shall continue for a one (1) year period. Upon the end of the one (1) year period
this Agreement will automatically renew for up to ten (10) additional one year terns upon the
same terms and conditions b unless the Agreement is terminated in accordance with Paragraph 7
below.
5. Termination: Each party has the right to terminate this agreement, with or without cause, upon
ninety (90) days written notice to the other party. Upon termination of the Agreement for any
DocuSign Envelope ID: 55FB5B75-5D56-40CA-90EE-C3EE63DD569C
reason, County shall cease in using the video monitoring system and remove the software from
all computers which it is installed immediately upon termination of this Agreement.
6. Assignment: County may not assign or transfer this Agreement or any interest therein or claim -
thereunder, without the prior written approval of Greeley, which Greeley shall grant upon
receiving approval for such assignment or transfer from GET.
7. Insurance: County shall maintain in force during the term of this Agreement adequate liability
insurance or self-insurance.
8. Abuse and Unlawful Activity: County shall provide reasonable oversight of employees in use
of the video technology to prevent abuse and unlawful activity in using the software outside the
scope of this Agreement.
9. Compliance with Laws: Greeley and County agree to comply with the applicable provisions of
all federal, state or local laws or ordinances and all lawful orders, rules, and regulations issued
thereunder; and any provisions, representations or agreements, or contractual clauses required
thereby to be included or incorporated by reference or operation of law in this Agreement.
10. Modification: Any amendments or modifications to this agreement shall be made in writing and
signed by all parties.
11. Non -Liability: The parties agree that in no event shall Greeley be liable due to any stoppage,
delay, or any impairment in the operation of the Video Monitoring System pursuant to this
Agreement.
12. 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 either 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.
13. Choice of Law/Venue/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 in Weld County, Colorado. All parties agree to comply with
any applicable federal, state, or local laws, rules, and regulations.
14. Severabilitv: 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.
15. Third Party Beneficiary Enforcement: 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
DocuSign Envelope ID: 55FB5B75-5D56-40CA-90EE-C3EE63DD569C
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.
16. Confidentiality: Each party agrees to abide by the terms of C.R.S. §§24-72-201, et seq. and 24-
72-301, et seq. Each party shall be responsible for protecting the confidential information of its
citizens, and shall follow commonly accepted procedures and standards for maintaining such
confidentiality.
17. 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.
18. Fund Availability: Nothing in this Agreement shall be construed to require either the City of
Greeley or the County to provide funding for any purpose under this Agreement that has not
previously been budgeted and adequately appropriated.
19. Notice: Any notice to be given under this Agreement shall either be hand delivered, with signed
receipt, or mailed to the party to be notified at the address set forth herein, with signed receipt, or
by facsimile with confirmation, until such time as written notice of a change is received from the
party wishing to make a change of address. Any notice so mailed and any notice served by
personal delivery shall be deemed delivered and effective upon receipt or upon attempted
delivery. This method of notification shall be used in all instances, except for emergency
situations when immediate notification to the parties is required.
Any demand or notice to either party may be given to the other party by addressing the written
notice to:
Greeley: City of Greeley, Colorado
Greeley Evans Transit
ATTN: Transit Manager
101 11th Ave
Greeley, CO 80631
County:
Weld County Colorado
Weld County Regional Communications Center
ATTN: Director of Public Safety Communications
1551 N 17th Ave
Suite 2
Greeley, CO 80631
DocuSign Envelope ID: 50889FFE-C773-48E8-8081-A9053949FAD6
IN WITNESS WHEREOF, the parties have executed this contract on the day and year first written
above.
THE CITY OF GREELEY, COLORADO
APPROVED AS TO SUBSTANCE:
Y
DocuSigned by:
Bn6BAC0464C0...
Roy Otto
City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
"—DocuSigned by:
Bjetu
By: aAz( nvt�Agga
John Karner
Director of Finance
APPROVED AS TO LEGAL FORM
c—DocuuuSigned by:
uQ
By: ..---4F40296FR0C5455
Doug Marek
City Attorney
DocuSign Envelope ID: 55FB5B75-5D56-40CA-90EE-C3EE63DD569C
WELD COUNTY, COLORADO
By:
Chair , Steve Moreno
Board of Commissioners
FEB 2
APPROVED AS TO LEGAL FORM:
By:
Weld County Attorney
ATTEST:
Weld
Ili :I AJ �/ • d+4 K+; t1
unty lerk to the Board
Deputy erk to Board
O2.o.2/ / - O502 3
New Contract Request
Entity Information
Entity Name*
CITY OF GREELEY
Entity ID*
g0O001551
Contract Name*
IGA FOR VIDEO MONITORING FOR GREELEY TRANSIT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4472
Contract Lead*
MRWALLACE
Contract Lead Email
rntwallaceco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
AGREEMENT FOR USAGE OF THE GREELEY TRANSIT VIDEO BUS MONITORING UPON REQUEST OF PUBLIC SAFETY
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Rertewable
YES
Automatic Renewal
YES
Grant
NO
ICA
YES
Department
COMMUNICATIONS
Departrent Email
C:M-
Communicationsgweld'gov.c
om
Department Head Email
CM-Communications-
DeptHeadgweIdgov.com
County Attorney
GENERAL COUNTY
AI ORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEY=gWELDG
OV.COM
Requested BOCC Agenda
Date*
02,24:2021
Due Date
02X20'2021
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be included?
NO
IGA Deadline. Date
If this is a renewal enter previous Contract ID
If this is part of a PASAt enter MSA Contract ID
Nate: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
02/24/2021
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
MIKE WALLACE
DH Approved Date
02,`17,/2021
Final Approval
BOCC Approved
MCC Signed Date
MCC Agenda Date
02,/24x2021
Originator
MRWALIACE
Review Date*
12,<01'2021
Committed Delivery Date
Contact Type Contact Email
Finance Approver
BARB CONNOLLY'
Renewal Date*
12;31:2021
Expiration Date
Contact Phone I
Purchasing Approved Date
Finance Approved Date
02/1712021
Tyler Ref #
AG 022421
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
02 18`2021
ne 2
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