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Home My WebLink About20203374.tiffRESOLUTION RE: APPROVE WELD COUNTY GUARD TERMINAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN OF FIRESTONE 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 a Weld County Guard Terminal Services Agreement 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 Town of Firestone, commencing January 1, 2021, and ending December 31, 2021, 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 Weld County Guard Terminal Services Agreement 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 Town of Firestone, 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 16th day of November, A.D., 2020. BOARD OF COUNTY COMMISSIONERS �,�,/ WELD COUNTY, COLORADO ddth,,v ATTEST:� EXCUSED Mike Freeman, Chair Weld County Clerk to the Board BY: APP County Attorney Date of signature: I Steve Mo; no, Pro -Tern Sco Kevin D. Ross CC: So(s K/SK)1 GPI(KM) I 1/2.0/2,0 2020-3374 SO0041 on+t-a t + =O # x-11 c c1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2021 Weld County Guard Terminal Services Agreement DEPARTMENT: Sheriff's Office DATE: 10/26/2020 PERSON REQUESTING: Cpt. Sam Kaneta and Sonja Kohlgraf, WCSO Budget Manager Brief description of the problem/issue: The Sheriff's Office is proposing to establish an agreement between Weld County and Weld County law enforcement agencies to provide Guard Terminal Services. Authorized users will be able to make entries into the CO Crime Information Center /National Crime Information Center. The agreement was reviewed and approved by the County Attorney (see attached). 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 agency throughout the year and billed at the end of the year using an average of the two previous calendar years. Because we will be receiving up to a total of 19 agreements, we are requesting that all agreements will be approved through the proper process in the OnBase contract management database and put on the consent agenda to maximize BOCC's time. The Clerk to the Board has agreed to this process and this will be the only pass around request for all Guard Terminal agreements. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) Approve the agreement in a public hearing and authorize the chair to sign any agreements consistent with that form via the consent agenda. 2) Request more information and schedule a work session. 3) Require each contract to be placed on the agenda for public hearing. Recommendation: We recommend the Board of County Commissioners allow for each agreement to be placed on the Consent Agenda for signature by the Chair, once the proper approval in OnBase is received. Thank you. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross l l/t Co Schedule Work Session Other/Comments: 2020-3374 50004 I WELD COUNTY GUARD TERMINAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 26th day of October, 2020, 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 Sheriff's Office, hereinafter referred to as "WCSO", and the Town of Firestone acting by and through the Firestone Police Department, hereinafter referred to as "Department". WHEREAS, the WCSO Records ("Records") can provide Department with Guard Terminal Services as described in this Agreement, and WHEREAS, the Department 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 Agreement shall be from January 01, 2021 - December 31, 2021 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 Department, 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 Department, and will track Department's number of entries into the CCIC/NCIC databases. 3. Cost and Invoicing. Department agrees to reimburse WCSO for the costs of providing the Guard Terminal Services. WCSO will provide an invoice to Department 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 Department'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: Entries Cost 0 - 9 $500 10 - 19 $750 20'-'49 $1,500 50 - 99 $3,000 99 - 149 $6,000 150 - 199 $7,500 200 - 249 $9,000 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 Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, limitations, or protections afforded the parties by the Colorado Governmental Immunity Act §§24-10-101 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 Department 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. 16. Non -Appropriation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20 and the parties obligations under this Agreement are subject to their governing bodies' annual appropriation of funds. Any failure of a party to annually appropriate shall terminate the Agreement upon the expenditure of the then existing appropriated funds. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 26th day of October, 2020. FIRESTONE POLICE DEPARTMENT: By: Name: D Title: Chi of Police Date: October 26, 2020 WELD TOE ATTEST: Weld • t Clerk to the BY: Deputy C j'rk t. the B APPROVED AS TO FORM: *,:t"9(S BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Pro-Tem NOV 1 6 2020 UNTY '•HERIFF: County Attorney Steve Reams 0200 - 5374-6) Contract Form New Contract Request Entity Information Entity Name * FIRESTONE, TOWN OF Contract Name * WC GUARD TERMINAL AGREEMENT Contract Status CTB REVIEW Entity ID's :i•-z00002500 ❑ New Entity? Contract ID 4194 Contract Lead * SKAN ETA Contract Lead Email skanetaco.weld.co.us; skohlgrafffMeldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGREEMENT BETWEEN WCSO RECORDS DEPT AND TOWN OF FIRESTONE (POLICE DEPT) TO USE THE WC RECORDS GUARD TERMI NAL, 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(A eIdgov.corn Department Head Email CM-Sheriff- DeptHead€weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTY.A I I ORNEYgWELDG OV. COM Requested BOCC Agenda Date* 11,'11 2020 Due Date 11 ?0x2020 Will a work session with BOCC be required?* NO 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 On Base Contract Dates Effective Date Review Date* 10x15;2021 Renewal Date* 12/.31/2021 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Appr Approval Process Department Head DONNIE PATCH OH Approved Date 1 1 05, 2020 final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11 16/2020 Originator SKOHLGRAF Contact Type Contact Email finance Approver CHRIS D'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 11 06:2020 Tyler Ref # AG 1 1 1620 Legal Counsel BOB CHOATE Legal Counsel Approved Date 11 09,,2020 Hello