HomeMy WebLinkAbout20203373.tiffRESOLUTION
RE: APPROVE STANDARD FORM FOR WELD COUNTY GUARD TERMINAL SERVICES
AGREEMENT BETWEEN THE WELD COUNTY SHERIFF'S OFFICE AND VARIOUS
ENTITIES AND AUTHORIZE CHAIR TO SIGN AGREEMENTS CONSISTENT WITH
SAID FORM
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 the Standard form for the Weld County
Guard Terminal Services Agreement between the Weld County Sheriff's Office and various
entities, and
WHEREAS, after review, the Board deems it advisable to approve the standard form of
said agreement, a copy of which is attached hereto and incorporated herein by reference, and to
delegate standing authority to the Chair of the Board of County Commissioners to execute
individual agreements between the Sheriff's Office and various entities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the standard form for the Weld County Guard Terminal Services
Agreement between the Weld County Sheriff's Office and various entities, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any agreements consistent with said form.
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
ATTEST: diti/Loo EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
Steve • reno, Pro-Tem
BY:
Deputy Cler
APPR�_ D AS
ounty A orney
Kevin D. Ross
Date of signature:
Cc: 50(SK/S);), C A(KM)
i I/1o/20
2020-3373
SO0041
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 Sheriffs 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
he 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-Tem
Kevin D. Ross
Schedule
Work Session
Other/Comments:
2020-3373
50009 I
WELD COUNTY GUARD TERMINAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 202_, 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
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 MOU 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 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 §§24-10-101 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
, 202_.
DEPARTMENT:
By: Date
Name:
Title:
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
APPROVED AS TO FORM: WELD COUNTY SHERIFF:
County Attorney Steve Reams
Hello