HomeMy WebLinkAbout20202545.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR SCHOOLSAFE
CONNECTION AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY POLICE
DEPARTMENT
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 Memorandum of Understanding for
SchoolSAFE Connection 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 Police Department, commencing upon full execution of
signatures, and ending December 31, 2020, with further terms and conditions being as stated in
said memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, 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 Memorandum of Understanding for SchoolSAFE Connection 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 Police Department, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of August, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diem, JCIlD�t�
Mike Freeman, Chair
Weld County Clerk to the Board
BY:
Steve
Deputy Clerk to the Board
APP9C.SV2D AS
y ttorney
ar.ara Kirkmeyer
Kevin D. Ross
Date of signature: cg/2S /20
I
Cc: o -t (N.)
0FS/27/20
2020-2545
CM0027
r2 44 006
Weld County Regional Communications Center
1950 O Street
GREELEY, CO 80632
Fax: 970-304-6501
WCRCC@WeldGov.com
www.co.weld.co.us
To: Board of County Commissioners
From: Michael R Wallace
The attached is a Memorandum of Understanding with the Greeley Police Department to
provide dispatch service for the School Safe Program. This is in reference to our work session
on June 15th at 2:00pm. This is to MOU is notifying them that Communications will provide
this service free of charge, however, holds the right to access future impacts on dispatch
operations for potential cost recovery.
UcttrtL...e (2ALc e
Michael R Wallace, ENP
Weld County Director of Public Safety Communications
08-11-2020
2020-2545
CA/10027
MEMORANDUM OF UNDERSTANDING
BETWEEN WELD COUNTY & CITY OF GREELEY POLICE DEPARTMENT -
SCHOOLSAFE CONNECTION
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this
6'1' day of August, 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, on behalf of the Weld
County Department of Public Safety Communications, hereinafter referred to as "Dispatch", and
the Greeley Police Department, hereinafter referred to as "Public Safety Agency (PSA).
WHEREAS, Dispatch provides emergency dispatch services to multiple public safety
agencies in and around Weld County by using industry -leading public safety radio technology
("PSA Radio System"), and
WHEREAS, from time to time PSA coordinates with local school districts that employ
security personnel and utilize certain "school -grade radios" which have the ability to connect to
the Dispatch's PSA Radio System via the SchoolSAFE technology, which has been purchased by •
the schools for that purpose, and
WHEREAS, the Parties desire to allow for the connection of the schools' radios to the
PSA Radio System upon request by PSA and according to the terms and conditions of this MOU.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
I. Compensation
At this time there shall be no compensation paid by either Party to any other Party under this MOU.
In the event that Dispatch determines that the use of School SAFE or compliance with any other
terms of this MOU causes more than a de minimus increase in costs to Dispatch, it will notify
Public Safety Agency of the need to amend this MOU for the purpose of addressing those costs.
2. Term and Termination
This MOU shall be effective upon mutual execution, and shall continue through December 31,
2020. This MOU shall be automatically extended for one year periods beginning January I, 2021,
and again on January Is' of each successive year, unless sooner terminated. Either Party may
terminate this MOU at any time upon thirty days' written notice to the contact person described in
section 8 below.
3. Coordination
The Parties shall coordinate to accomplish the purpose of this MOU, which is to allow the schools'
radios to connect to the PSA Radio System in the event of an incident at a school facility which
warrants it. Dispatch shall immediately establish the connection between the schools radios and
the PSA Radio System whenever requested to do so by the PSA.
020020 --
4. Modification
Any amendments or modifications to this MOU shall be in writing signed by both parties.
5. Insurance
Dispatch is self -insured through the Colorado Counties Casualty & Property Pool (CAPP), a self-
insurance pool for Colorado counties authorized by law and administered by County Technical
Services, Inc. (CTSI). PSA is insured by Self -Insured through the City of Greeley.
6. No Warranty
Neither Party makes any representation or warranty that the services described herein will be
available when needed or work as intended. The Parties expressly recognize that SchoolSAFE is
integral to the purpose of this MOU, and that Dispatch has no relationship, contractual or
otherwise, with SchoolSAFE. DISPATCH EXPRESSLY DISCLAIMS ALL WARRANTIES
THAT MIGHT OTHERWISE ARISE UNDER THIS MOU, AND DECLARES THAT
THE PURPOSE OF THIS MOU IS NOT TO CREATE ANY DUTY WHICH DOES NOT
OTHERWISE EXIST. This MOU is executed solely to assist in coordination between PSA and
Dispatch.
7. Assignment
Neither party shall assign its rights or obligations under this MOU without the prior written
consent of the other party, which shall not be unreasonably withheld or delayed.
8. Notices
Except for the notification to connect the schools radios with the PSA Radio System as described
in section 3, any notice required to be made by the terms of this MOU shall be made in writing
(certified mail, return receipt request; or by email, with confirmation of receipt), and also verbally
(in person or by phone) if possible, to the following designated persons:
PSA DISPATCH
Name Mark Jones Name Michael Wallace
Title Chief Title Director Public Safety Communications
Address 2875 10th St. Greeley, CO 80634 Address 1551 N 17`x' Ave Greeley, CO 8063 1
Email mark.jones@greeleypd.com Email mrwallace(c weldgov.com
Phone 970-350-9660 Phone 970-400-2890
9. Non -Exclusive Agreement
This MOU is nonexclusive. The Parties have the right to enter into one or more agreements relating
to the same or similar matters as are covered by this MOU.
10. Entire Agreement/Modifications
This MOU does not affect the terms, validity, or enforceability of any agreement between Dispatch
and PSA related to the provision of emergency dispatch services. Except for the foregoing, this
MOU including the Exhibits attached hereto and incorporated herein, contains the entire agreement
between the Parties with respect to the subject matter contained in this MOU. This instrument
supersedes all prior negotiations, representations, and understandings or agreements with respect
to the subject matter contained in this MOU. This MOU may be changed or supplemented only
by a written instrument signed by both Parties.
11. Severability
If any term or condition of this MOU shall be held to be invalid, illegal, or unenforceable by a
court of competent jurisdiction, this MOU shall be construed and enforced without such provision,
to the extent that this MOU is then capable of execution within the original intent of the parties.
12. Governmental Immunity
No term or condition of this MOU 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-l0-101 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
MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned Parties and nothing in this MOU shall give or allow any claim or right of action
whatsoever by any other person not included in this MOU, including any school utilizing
SchoolSAFE or any director, employee, agent, or student of said school. It is the express intention
of the undersigned Parties that any entity other than the undersigned Parties receiving services or
benefits under this MOU shall be an incidental beneficiary only.
14. Interruptions.
Neither party to this MOU shall be liable to the other for delays in delivery or failure to deliver or
otherwise to perform any obligation under this MOU, 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.
15. Board of County Commissioners of Weld County Approval
This MOU shall not be valid until it has been approved by the Board of County Commissioners of
Weld County, Colorado or its designee.
16. Choice of Law/Jurisdiction.
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this MOU. 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 Weld County District Court shall have
exclusive jurisdiction to resolve said dispute.
Acknowledgment. Dispatch and PSA acknowledge that each has read this MOU, understands
it and agrees to be bound by its terms. Both Parties further agree that this MOU, with the attached
Exhibit(s), 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 MOU.
IN WITNESS WHEREOF, the parties hereto have signed this MOU this 6111 day of August,
2020.
PSA: Greeley Police
By:
Name: Mark Jones
Title: Chief of Police
epartment
Date August 6. 2020
WELD COUNTY:
ATTEST-
Weld �,ou tyV.f11Of)_•
BY:
Deputy Clerk to he oard
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman chair
AUG 19 2020
02oao
Contract Form
New Contract Request
Entity Information
Entity Name*
CITY OF GREELEY
Entity ID*
@00001551
Contract Name*
MOU FOR SCHOOLSAFE AND GREELEY POLICE
DEPARTMENT
Contract Status
CTB REVIEW
Contract ID
4006
Contract Lead
MRWALLACE
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
rnrwallace@co.weld .co_us
Contract Description *
MOU FOR ACTIVATION OF SCHOOSAFE FOR GREELEY POLICE DEPARTMENT
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
YES
Automatic Renewal
YES
Grant
NO
IGA
YES
Department
COMMUNICATIONS
Department Email
CM-
Communications@weldgov.co
nt
Department Head Email
CM-Communications-
DeptHead@wreldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
C M-
COUNTYATTORNEY@WELD
GOV,COM
Requested BOCC Agenda
Date*
08/19/2020
Due Date
08115/2020
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 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
Onaase
Contract Dates
Effective Date
08/19/2020
Review Date*
08/0212021
Termination Notice Period Committed Delivery Date
Renewal Date *
08/19/2021
Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
MIKE WALLACE
DH Approved Date
08/11/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
0811912020
Originator
MRWALLACE
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
08/12/2020
Tyler Ref #
AG 081920
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
08O2/2020
Submit
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