HomeMy WebLinkAbout20202546.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR SCHOOLSAFE
CONNECTION AND AUTHORIZE CHAIR TO SIGN - TOWN OF WINDSOR 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 Town of Windsor 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 Town of
Windsor 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: d ,.) ' je:4O•g1
Weld County Clerk to the Board
BY:
APP
I
N U,
Deputy Clerk to the Board
ounty At orney
Date of signature: or/25 /Z.o
Mike Freeman, Chair
Steve
oreno, Pro -Tern
Kevin D. Ross
Scot K. James
Cc : CM(rtt4)
°≤/2 7/20
2020-2546
CM0027
Can - 4- zY #kazii
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 Town of Windsor 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.
r/Ltasvc,
Michael R Wallace, ENP
Weld County Director of Public Safety Communications
08-11-2020
2020-2546
o6/11 cl-f o o a..7"
MEMORANDUM OF UNDERSTANDING
BETWEEN WELD COUNTY & TOWN OF WINDSOR, COLORADO-
"SchoolSAFE" CONNECTION
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this
10th 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 Town of Windsor, a Colorado home rule municipal corporation, whose address is 301 Walnut
Street, Windsor, CO 80550, 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 1St 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
020026 a5 sz6,
the PSA Radio System whenever requested to do so by the PSA.
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 through the Colorado Intergovernmental Risk Sharing
Agency (CIRSA), a municipal self-insurance pool.
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
Richard Klimek
Chief of Police
301 Walnut St., Windsor, CO 80550
rklimekawindsorgov.com
970-674-6400
9. Non -Exclusive Agreement
DISPATCH
Michael Wallace
Director Public Safety Communications
1551 N 17th Ave Greeley, CO 80631
mrwallace@weldgov.com
970400-2890
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.
DocuSign Envelope ID: 8D4FB4E5-0B71-4790-8110-26EF2418C641
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 i nth day of
A1,)}— , 2020.
PSA:
TOWN OF WINDSOR, COLORADO
r-OocuSigne y:
By: 0.4�ridt
: Klcfia
Namerct' is imek
Title: Chief of Police
ATTEST:
By: Ve..)---4r1
Karen Frawley, Town eierk
Date 8/12/2020
WELD COu
ATTEST: .rtAJ % G. idto;oi BOARD OF COUNTY COMMISSIONERS
Weld 'ol}n _ Clerk to the Bo rd WELD COUNTY, COLORADO
BY
Deputy Clerk t,e'e •- oard �ike Freeman, Chair
AUG 19 2020
026 ago a.5��
TOWN OF WINDSOR
RESOLUTION NO. 2020-58
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN
WELD COUNTY DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS AND THE
TOWN OF WINDSOR REGARDING EMERGENCY DISPATCH SERVICES VIA
"SchoolSAFE" CONNECTION
WHEREAS, the Town of Windsor ("Town") is a Colorado home rule municipality; and the County
of Weld ("County") is a Colorado home rule county, each with all powers and authority provided
by Colorado law; and
WHEREAS, Windsor has a long history of cooperative relations with its governmental neighbors,
including Weld County; and
WHEREAS, pursuant to Colorado Revised Statute ("CRS') §29-1-203, governments may
cooperate or contract with one another to provide function, service or facility lawfully authorized
to each of the cooperating or contracting units of government; and
WHEREAS, Weld County provides emergency dispatch services to multiple public safety
agencies utilizing SchoolSAFE technology; and
WHEREAS, the local school district has purchased "school -grade radios" that have the ability to
connect to the County's PSA Radio System vial the SchoolSAFE technology; and
WHEREAS, the Parties desire to set forth the terms and conditions to allow the connection of the
schools radios to the Town's Radio System upon request by the Town in emergency situations;
and
WHEREAS, the Town Board finds it is in the best interests of the Town to enter into the attached
Memorandum of Understanding (MOU) to allow an immediate connection between the schools
radios and the Town's radio system in the event of an incident at a school facility that would
warrant such connection, whenever requested by the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
WINDSOR, COLORADO, AS FOLLOWS:
1. The Memorandum of Understanding between Weld County and the Town of Windsor,
Colorado -SchoolSAFE Connection (MOU) is attached and incorporated into this
Resolution.
2. The MOU is approved.
3. The Chief of Police is authorized to sign the MOU.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 10th day
of August, 2020.
ATTEST:
I ren Frawley, Town Cl
2
Contract Form
Entity Information
Entity Name*
WINDSOR POLICE
New Contract Request
Contract Name*
WINDSOR PD MOU FOR SCHOOLSAFE
Contract Status
CTB REVIEW
Entity ID*
00000772
Contract Description *
MOU FOR SCHOOLSAFE ACTIVATION FOR WINDSOR PD
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
YES
Automatic Renewal
YES
Grant
NO
!GA
Department
COMMUNICATIONS
Department Email
CM-
CommunicationsL7a weldgov.co
m
Department Head Email
CM-Communications-
DeptHead a@?weldgov. cam
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY @WELD
GOV.COM
New Entity?
Contract ID
4024
Contract Lead*
MRWALLACE
Contract Lead Email
mrwallace@coweldco.us
Requested BOCC Agenda
Date*
08/19/2020
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
08/15/2020
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be included?
NO
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
OnBase
Contract Dates
Effective Date
08/19/2020
Termination Notice Period
Review Date*
08/02/2021
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
08/12/2020
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
08/13/2020
Tyler Ref #
AG 081920
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
08/13/2020
Submit
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