HomeMy WebLinkAbout20191958.tiffRESOLUTION
RE: APPROVE INTERGOVERMENTAL AGREEMENT FOR SPILLMAN RECORDS USE
AND SUPPORT AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD ON BEHALF
OF THE MEAD 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 Mead on behalf of the Mead 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 Mead on behalf of the Mead 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 22nd day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W . D COUNTY, COORADO
ATTEST: dit44) �• ..�'►'�
Weld County Clerk to the Board
Date of signature: C013/Iq
arbara Kirkmeyef, Chair
Mike Freeman, Pro -Tern
Steve Moreno
Cc••ST(P 4JT)
CoIWci
2019-1958
IT0008
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Mead IGA for Spillman Records
DEPARTMENT: Information Technology DATE: 2/25/2019
PERSON REQUESTING: Ryan Rose
Brief description of the problem/issue:
This IGA will allow for the Mead 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 Mead to become a Spillman records agency. There is
no additional cost from Spillman, Mead 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.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirlaneyer, Chair
Steve Moreno
5/22
Approve Schedule
Recommendation Work Session
174
Other/Comments:
2019-1958
ivcx(7),
INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND
SUPPORT BETWEEN WELD COUNTY AND MEAD POLICE DEPARTMENT.
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
by and between the COUNTY OF WELD, COLORADO, acting by and through the Weld
County Board of Commissioners (hereinafter "Weld County" or "County"), and the
TOWN OF MEAD, a Colorado municipal corporation (hereinafter "Mead") (together, the
"Parties").
RECITALS
WHEREAS, the Parties wish to arrange for Mead 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 February 11, 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 Mead 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 Mead hereby agree as follows:
1. Agreement: The terms of this Agreement are outlined below.
2. Weld County:
Weld County will support Mead'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
Mead shall have access to all modules listed in listed in the License Agreement.
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Mead will be provided access and may use the RMS as long as this Agreement
is in force.
3. Mead:
Mead will maintain its own staff, processes, and facilities for records
management.
Mead 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, Mead 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
Mead within 30 days of the Effective Date of this Agreement (defined in Section
4, below) and Mead shall pay such invoice within 30 days of receipt thereof.
In addition, for each year this Agreement remains in effect following the
conclusion of the Initial Term, Mead shall pay Weld County (1) its 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 Mead 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 Mead ("Ongoing Agency
Support"). Weld County shall invoice Mead annually for the costs to which Weld
County is entitled under this Agreement, and Mead shall pay such invoices within
30 days of receipt thereof.
Mead will be responsible for costs associated with products or services obtained
directly by Mead from Spillman, including but not limited to costs for training,
travel, and equipment.
Mead will comply with present data standards being utilized by the Weld County
Sheriff's Office and the Greeley Police Department.
Mead acknowledges and agrees by entering into this Intergovernmental
Agreement, Mead will join as an authorized user of the Spillman public safety
software system licensed to the County of Weld, subject to the License
Agreement. Mead agrees to comply with all applicable terms and conditions of
the License Agreement. Spillman or the County may immediately terminate
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Mead's license at any time if Mead breaches the terms of the License
Agreement. Mead agrees its license to the Spillman software is non -transferable
without Spillman's prior written consent.
4. Term: The Agreement shall be effective as of the date of mutual execution
hereof by the Parties ("Effective Date") and shall continue in full force and effect
until December 31, 2019 ("Initial Term"). This Agreement shall renew
automatically for subsequent one-year terms. On or before October 15th of each
year, including during the Initial Term, Weld County will review Spillman RMS
system maintenance costs and Mead agency support costs and provide Mead
with an estimate of costs to be invoiced to Mead in the following calendar year in
order to assist Mead with including said costs in Mead's annual budget.
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 Mead 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, Mead's
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 Mead all of the
Mead data stored within the RMS. Weld County Information technology shall
provide the Mead 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 six months, Weld
County reserves the right to delete it and Mead 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
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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 Immunityl 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. Governinu LawNen a/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. The 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 Mead, 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
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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 Mead shall remain the property of Mead. Each agency is
responsible for meeting their requirements for privacy and confidentiality.
19. Counterpart Signatures: This Agreement may be executed in one or more
counterparts, each of which shall constitute an original and all of which shall
constitute one and the same document.
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ATTEST: G ` t"'
Weld
BY:
BOARD OF COUNTY COMMISSIONERS
y Clerk to the Board WELD COUNTY, C • LORADO
Deputy Clerk to the Bo r7 1 l� Barbara Kirkmeyer, Chair
6
MAY 2 2 2019
oZo / 9 - /9j -g
TOWN OF MEAD
seen G. Whitlow, Mayor
Date: �.c b u I I , 2019
TTEST: �.l
Mary Strutt, CMC, Town CI
(SEAL)
4i EA L
t i • •
, TY,� �C,,
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INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND
SUPPORT BETWEEN WELD COUNTY AND MEAD POLICE DEPARTMENT.
EXHIBIT A
SPILLMAN MAINTENANCE
PSIT BASIC AGENCY SETUP
ONGOING AGENCY SUPPORT
TOTAL
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$ 971.89
$ 3,030.50
$ 9,091.50
$13,093.89
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