HomeMy WebLinkAbout20192604.tiffRESOLUTION
RE: APPROVE INTERGOVERMENTAL AGREEMENT FOR SPILLMAN RECORDS USE
AND SUPPORT AND AUTHORIZE CHAIR TO SIGN - TOWN OF NUNN, ON BEHALF
OF THE NUNN 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 an Intergovernmental Agreement for
Spillman Records Use and Support 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
Information Technology, and the Town of Nunn, on behalf of the Nunn Police Department,
commencing upon full execution of signatures, and ending the initial term December 31, 2019,
with further renewal terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Intergovernmental Agreement for Spillman Records Use and Support
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 Information Technology, and the
Town of Nunn, on behalf of the Nunn 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLOFji'ADO
ATTEST: ditAA^) -144;4A
Weld County Clerk to the Board
BY:
puty
AP
ounty A► `ney
Date of signature:
J�� 21 e
arbara Kirkmeyer, C air
Mike Freeman, Pro _ -Tern
Sean P. Conway
./
. James
teve Moreno
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2019-2604
IT0008
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Nunn IGA for Spillman Records
DEPARTMENT: Information Technology
PERSON REQUESTING: Ryan Rose
DATE: 6/18/2019
Brief description of the problem/issue:
This IGA will allow for the Nunn police department to become a records agency in Spillman.
Bob Choate has reviewed and approved the agreement.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Grant authorization for the Chair to sign the IGA allowing Nunn to become a Spillman records agency. There is
no additional cost from Spillman, Nunn will start paying their portion of the records costs in accordance with the
IGA
Recommendation:
Weld County IT recommends that the Board grant approval for the Chair to sign the attached agreement.
ta-C, /11ennA Sk141 P-O-rit3 11O, aitta-h0 -
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Recommendation
F
Schedule
Work Session
Other/Comments:
2019-2604
Karla Ford
From:
Sent:
To:
Subject:
Steven Reams
Tuesday, June 25, 2019 9:59 AM
Karla Ford
RE: Spillman Nunn IGA
Karla,
I have reviewed the IGA and have no concerns on behalf of the Sheriff's Office.
Sheriff Reams
From: Karla Ford
Sent: Tuesday, June 25, 2019 9:48 AM
To: Steven Reams <sreams@weldgov.com>
Subject: Spillman Nunn IGA
Importance: High
Commissioner Kirkmeyer wanted you to review and give your recommendation. Please let me know.
Thank you!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
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1
INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND
SUPPORT BETWEEN WELD COUNTY AND NUNN POLICE DEPARTMENT.
•
THIS AGREEMENT is made and entered into this to day of
2019, by and between the COUNTY OF WELD, COLORADO, by and through the Weld
County Board of Commissioners (hereinafter "Weld County" or "County"), and the City
of Nunn (hereinafter "Nunn").
RECITALS
WHEREAS, the parties wish to arrange for Nunn to access the Spillman Records
Management System ("RMS"), which is a component of the Licensed Program
("Licensed Program") that is the subject of that certain Amended and Restated
Computer Software End -User License Agreement between Spillman Technologies, Inc.
("Spillman") and Weld County, dated 0O0‘o , 2019 ("License Agreement"),
subject to the terms and conditions of this Agreement; and
WHEREAS, the parties have the authority to enter into agreements for the
protection and preservation of the public health and as may be necessary for the
acquisition of equipment, and for the provision of services; and
WHEREAS, Weld County and Nunn are authorized to enter into this Agreement
pursuant to § 29-1-203, C.R.S., and Article II, § 2-3 of the Weld County Home Rule
Charter.
NOW, THEREFORE, in consideration of the following mutual agreements and
covenants, Weld County and Nunn hereby agree as follows:
1. Agreement: The terms of this Agreement are outlined below.
2. Weld County:
Weld County will support Nunn's access to the RMS through the Weld County
Public Safety Network.
Weld County has contracted with Spillman and Weld County has been granted
certain license rights with respect to Spillman software (the "Licensed Program").
The RMS is a component of the License Agreement. As the licensee under the
License Agreement, Weld County is permitted to allow other Weld County law
enforcement agencies to access and use the RMS. The RMS includes, and
Nunn shall have access to, all modules listed in listed in the Spillman Licensing
agreement pertaining to RMS. Nunn will be provided access and may use the
RMS as long as this Agreement is in force.
3. Nunn:
Nunn will maintain their own staff, processes, and facilities for records
management.
Nunn will be responsible for providing network connections for accessing the
Weld County Public Safety network.
For the Initial Term (defined in Section 4, below) of this Agreement, Nunn shall
pay Weld County for Spillman Maintenance, Ongoing Agency Support, and a
one-time Weld County IT system setup fee ("PSIT Basic Agency Setup") in the
amounts set forth in Exhibit A to this Agreement. Weld County shall invoice
Nunn within 30 days of the execution of this agreement and Nunn shall pay such
invoice within 30 days of receipt thereof.
In addition, for each year this Agreement is in effect, Nunn shall pay Weld County
(1) it's proportion of the cost incurred by Weld County for RMS maintenance
pursuant to the Spillman Support Agreement (these costs are calculated by
comparing the number of Spillman police reports generated by Nunn vis-�-vis the
total number of Spillman police reports generated by all law enforcement
agencies using the RMS), and (2) for the cost of support provided by Weld
County IT to Nunn ("Ongoing Agency Support") (these costs are calculated by
the number of Spillman users an agency employees). Weld County shall invoice
Nunn annually for the costs to which Weld County is entitled under this
Agreement, and Nunn shall pay such invoices within 30 days of receipt thereof.
Nunn will be responsible for costs associated with products or services obtained
directly by Nunn from Spillman, including but not limited to costs for training,
travel, and equipment.
Nunn will comply with present data standards being utilized by the Weld County
Sheriff's Office and the Greeley Police Department.
Nunn acknowledges and agrees by entering into this Intergovernmental
Agreement, Nunn will join as an authorized user of the Spillman public safety
software system licensed to the County of Weld, subject to the End User
Software License Agreement, dated December 16, 2013 (the "License
Agreement"), between the County and Spillman Technologies, Inc. ("Spillman"),
as amended. Nunn agrees to comply with all applicable terms and conditions of
the License Agreement. Spillman or the County may immediately terminate
Nunn' license at any time if the agency breaches the terms of the License
Agreement. Nunn agrees its license to the Spillman software is non -transferable
without Spillman's prior written consent.
4. Term: The Agreement becomes effective upon the date signed by the Weld
County Board of County Commissioners, and shall continue in full force and
effect until December 31, 2019 ("Initial Term"). The agreement shall renew
automatically for subsequent one-year terms. Prior to renewal of this Agreement
Weld County will review Spillman RMS system maintenance costs and Nunn
agency support costs and provide Nunn an estimate of costs for budget
purposes.
5. No Debt/Non-Appropriation: It is hereby agreed and acknowledged by the
parties that no provision of this Agreement shall be construed or interpreted as
creating an indebtedness or a multiple fiscal year direct or indirect debt or other
multiple -year financial obligation whatsoever of Nunn within the meaning of any
constitutional or statutory debt limitation provisions, including, without limitation,
Article XI, Sections 1, 2, and 6, and Article X, Section 20 of the Colorado
Constitution. Notwithstanding anything in this Agreement to the contrary, Nunn
payment obligations hereunder are expressly subject to annual appropriation and
budgeting of funds.
6. Termination: Each party has the right to terminate this Agreement, with or
without cause, by providing ninety (90) days written notice to the other party. If
either party terminates this Agreement, Weld County will provide Nunn their data
stored within the RMS. Weld County Information technology shall provide the
Nunn Police Department a collection of delimited text files containing the data for
their specific law incidents. PSIT will also provide descriptions of the
corresponding tables. If the information is not retrieved within 6 months, Weld
County reserves the right to delete it and Nunn agrees, to the extent permitted by
law, to hold harmless and indemnify County against any claims, suits, or actions
arising from the deletion of such files.
7. Modification: Any amendments or modifications to this Agreement shall be
made in writing and signed by both parties.
8. Indemnity: To the extent permitted by law, each party agrees to indemnify,
defend, and hold the other, its officers, employees, and agents, harmless from
and against any and all claims, suits, expenses, damages, or any injury to
persons, entities, or property, to the extent caused or alleged to be caused by the
acts, omissions, or failure to act of the other party in performing its obligations or
exercising its rights under this Agreement.
9. Non -Liability: The parties agree that in no event shall Weld County be liable for
any stoppage, delay, or any impairment in the operation of the RMS where such
stoppage, delay, or impairment results from acts of God, fire, war, legal or
equitable proceeding, or any other cause which is outside the control of the
County.
10. Governmental Immunity: No portion of this Agreement shall be deemed a
waiver, express or implied, of any immunities, rights, benefits, protections, or
other provisions which a party, or its officers, employees, or agents, may possess
pursuant to the Colorado Governmental Immunity Act § 24-10-101, et seq.,
C.R.S., as applicable now or hereafter amended.
11. Governing LawNenue/Compliance with Law: 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. The proper venue for any action regarding this
agreement shall be Weld County. All parties agree to comply with any applicable
federal, state, or local laws, rules, and regulations.
12.Severability: If any section, subsection, paragraph, sentence, clause or phrase
of this Agreement is for any reason held or decided to be invalid or
unconstitutional, such a decision shall not affect the validity of the remaining
portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence,
clause, and phrase thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
13. Third Party Beneficiary Enforcement: With the exception of Spillman's right
pursuant to Section 3 of this Agreement to terminate the license granted herein
to Nunn, 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. Confidentiality. Each party agrees to abide by the terms of C.R.S. 24-72-201,
et seq. Each party shall be responsible for protecting the confidential information
of its citizens, and shall follow commonly accepted CJIS standards for
maintaining such confidentiality.
15. Employee Financial Interest/Conflict of Interest: The signatories to this
Agreement aver that to their knowledge, no employee, officer, or agent of any
included party has any personal, beneficial interest whatsoever in the distribution
of the funds that are the subject matter of this Agreement. No party's employee,
officer, or their immediate family shall benefit financially from this Agreement or
the distribution of the available funds.
16. Fund Availability: Nothing in this Agreement shall be construed to require the
Weld County Board of County Commissioners to provide funding for any purpose
under this Agreement that has not previously been budgeted.
17. Notice: Each party shall designate a representative, who shall make, within the
scope of his or her authority, all necessary decisions with respect to this
Agreement. This representative also shall serve as the contact point for
communications regarding this Agreement.
18.Ownership and Maintenance: Weld County shall own and maintain all
information technology infrastructure as it relates to this Agreement. Each party
shall maintain and own their own hardware and software. Any information
provided by Nunn shall remain the property of Nunn. Each agency is responsible
for meeting their requirements for privacy and confidentiality.
ATTEST: deo:4 BOARD OF COUNTY COMMISSIONERS
Weld�'jaunty Clerk to thf; Board W frD COUNTY, COLQIRADO
Deputy Clerk to the Boar
ara Kirkmeyer,Chair
JUL. 1 0 2013
0Zo 9.- 02,600
CITYg_NUNN
BY tYla./46e--
err
ATTEST:
Date ,`J/
(SEAL)
ate
/oie/m7
INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND
SUPPORT BETWEEN WELD COUNTY AND NUNN POLICE DEPARTMENT.
EXHIBIT A
SPILLMAN MAIN PENANCE
PSIT BASIC AGENCY SETUP
ONGOING AGENCY SUPPORT
TOTAL
$ 388.76
$ 3.030.50
605.50
$ 4,024.76
New Contract Request
Entity information
Entity Name*
SPiLLMAN TECHNOLOGIES INC
Contract Name*
NUNN IGA FOR SPILLMAN RECORDS
Contract Status
CTB REVIEW
Entity ID*
Q32923
Contract ID
2924
Contract
fTH IMGAN
Cotit'act E Email
lthirngan@co weld co us
Parent Contract ID
Requires d
YES
Department Project #
Contract Description*
IGA TO ALLOW THE NUNN POLICE DEPARTMENT TO BECOME A SPILLMAN RECORDS AGENCY
Contract Description 2
Contract Type'"
AGREEMENT
Amount*
$0.4O
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
INFORMATION
TECHNOLOGY-GIS
De nt Email
CM-
InforrnationTechnalcgyGIS@'
eidgov.com
ent Head Email
CM -Information TechnologyGlS-
Degthead@weIdgov. corer
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATT:CRN EY@WELD
GOV.COM
RequestAgenda Due Date
Date* 07%04;2019
07708./2013
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
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 riot in
On Base
act Dates
Effective Date
Termination Notice Period
Review Date*
070712020
Renewal Date
Committed Delivery Date Expiration Date*
07"07`2020
Contact Information
Contact Info
Contact Name
Purchasin
Purchasing
ipr vai Proc
Department Head
RYAN ROSE
DH Approved Date
07/0312019
Final Approva
BOCC Approved
BOCC Signed Date
QC
2
Originator
JTFIIMGAN
Contact Type Contact Email
Finance ei
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing sb«:r d Date
Finance Approved Date
07/03/2019
Tyler Ref *
AG071 019
Legal Counsel
BOB CHOATE
E
Legal Counsel
07/03/2019
d Date
Hello