HomeMy WebLinkAbout20203434.tiffeontrac+ Zb ` 13 -
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
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.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
cnct A
tt/ IS -/DO
Approve
Recommendation
Schedule
Work Session
Other/Comments:
(.5DC
cam- 9n-e.ue_9 so)
2020-3434
6O0091
CITY 01:
October 12, 2020
Via US Mail
Board of County Commissioners
1150 O St.
Greeley, CO 80632
City Clerk
130 S. McKinley Avenue Phone: 720.466.6101
Fort Lupton, CO 80621 Fax: 303.857.0351
www.fortluptonco.gov
Re: Weld County Guard Terminal Services Agreement
Enclosed are two original signed Agreements for the Weld County Guard Terminal Services
Agreement. Please sign the agreements and return one original to the City of Fort Lupton.
If you have any questions, please don't hesitate to contact me at (720) 466-6101.
Sincerely,
Mari Pena
City Clerk
Enclosures
WELD COUNTY GUARD TERMINAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 18 -day of (ov. , 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 Fort
Lupton 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 l day of
Cl.o v. 2020.
DEPARTMENT:
Fort Lupton Police D- ment
By.
Name. o Stieber
Tit - : Mayor
Date Qthbex (Q 202_0
WELD T: 0:401044)
:4� ,rt ` Cl ;t1 ATTEST: ./��ut�/1./ �`
Weld C • u ty Clerk to the B
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair NOV 1 8 2020
WELDiODU NTY/ SHERIFF:
Steve Reams
o2odd - 3V3z/ 6 /
New Contract Request
Entity Information
Entity Name*
CITY OF FORT LUPTON
Entity ID*
,4000018.30
Contract Narne *
WC GUARD TERMINAL SERVICES AGREEMENT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4188
Contract Lead*
SKANETA
Contract Lead Email
skaneta-•co.weld.co.us;
skohlgraf@vveldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
AGREEMENT BETWEEN WCSO RECORDS DEFT AND CITY OF FT. LUPTON TO USE THE WC RECORDS GUARD TERMINAL (ENTRIES
INTO CCIC1NCIC DATABASE. TRANSACATIONS BILLED ONCE PER YEAR. COST VARIES DEPENDING ON HOW MANY
TRANASCATIONS WERE REQUESTED.
Contract Description 2
TRANSACTION COST TIER IN ATTACHED AGREEMENT
Contract Type *
AGREEMENT
Amount*
$0.00
Renewable*
YES
Automatic Renewal
YES
Grant
Depar trrient
SHERIFF
Department Email
CM -Sheriff 'weldgov.coom
Department Head Email
CM -Sheriff- Does Contract require Purchasing Dept. to be included?
DeptHead 4weldgov.com NO
Requested BOCC Agenda
Date*
11:16=2020
Due Date
11'1212020
Will a work session with BOCC be required?*
NO
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEYWELDG
OV.COM
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
Effe+
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Appr
CONSENT
Approval Process
Department H
DONNIE PATCH
DH Approved Date
11 , 09/2020
Final Approval
BOCC Approved
BOCC Signed Date
B0CC Agenda Date
11/18 2020
Originator
SKOHLGRAF
Review Date*
10/1512021
Committed Delivery Date
Renewal Date*
12,11,'2021
Expiration Date
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Finance Approver
CONSENT
Purchasing Approved Date
11,"09,2020
Legal Counsel
CONSENT
Finance Approved Date Legal Counsel Approved Date
11,09.2020 11 09, 2020
Tyler Ref #
AG 111820
Hello