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Home My WebLink About20202544.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR SCHOOLSAFE CONNECTION AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY FIRE 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 Fire 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 Fire 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: ddiluiv,4 Mike Freeman, Chair Weld County Clerk to the Board Deputy Clerk to the Board APP EDA Coun £ ttorney Date of signature: O'/2,5b.d cc:ct- t ) oVVA O 2020-2544 CM0027 _tV A/003 Weld County Regional Communications Center 1950 0 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 Fire 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. Michael R Wallace, ENP Weld County Director of Public Safety Communications 08-11-2020 2020-2544 c),3/1q CJico2T MEMORANDUM OF UNDERSTANDING BETWEEN WELD COUNTY & CITY OF GREELEY FIRE DEPARTMENT - SCHOOLSAFE CONNECTION THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this _6th_ 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 Greeley Fire 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: 1. 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 SchoolSAFE 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 1, 2021, and again on January l st 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. ooa0 - 02544 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 Brian Kuznik Name Michael Wallace Title Division Chief Title Director Public Safety Communications Address 1155 10th Ave Greeley, CO 80631 Address 1551 N 17th Ave Greeley, CO 80631 Email Brian.Kuznik@greeleygov.com Email mrwallace@weldgov.com Phone 970-350-9501 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 §§24-10-101 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 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 _6th_ day of _August , 2020_. PSA: Greeley Fire Department By: Name: _Brian Kuznik Title: Division Chief of Operations Date _August 6, 2020 WELD CO VY: ATTEST: G:Je21604 BOARD OF COUNTY COMMISSIONERS Weld Po my Clerk to t e : • and WELD COUNTY, COLORADO Deputy Clerk AUG 19 2020 020,20 - a5`�� Contract Form Entity Information Entity Name* CITY OF GREELEY New Contract Request Entity ID* @00001551 Contract Name* GREELEY FIRE DEPARTMENT - SCHOOLSAFE MOU Contract Status CTB REVIEW ❑ New Entity? Contract ID 4005 Contract Lead* MRWALLACE Contract Lead Email mrwailace@co:weld_co us Contract Description* MOU FOR SCHOOLSAFE ACTIVATION FOR GREELEY FIRE DEPT. 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 m Department Head Email CM-Communications- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - C OUNTYATTORN EY@WELD GOV. COM Requested B©CC Agenda Date* 0811912020 Parent Contract ID Requires Board Approval YES Department Project # Due Date 08/15,2020 Will a work session with BDCC 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 OnSase Contract Dates Effective Date 08/15/2020 Termination Notice Period Review Date* 08102/2021 Committed Delivery Date Renewal Date* 08/1912021 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 08/19/2020 Originator MRWALLACE Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 08/1212020 Tyler Ref # AG 081920 Legal Counsel BOB CHOATE Legal Counsel Approved Date 08112'2020 Submit Hello