HomeMy WebLinkAbout20195109.tiffRESOLUTION
RE: APPROVE INTERGOVERMENTAL AGREEMENT FOR SPILLMAN RECORDS USE
AND SUPPORT AND AUTHORIZE CHAIR TO SIGN - TOWN OF LOCHBUIE, ON
BEHALF OF THE LOCHBUIE 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 Lochbuie, on behalf of the Lochbuie Police Department,
commencing upon full execution of signatures, and ending December 31, 2020, with further
automatic 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 Lochbuie, on behalf of the Lochbuie 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 18th day of December, A.D., 2019.
BO D OF COUNTY COMMISSIONERS
W D COULORADO
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Weld County Clerk to the Board
BY:
719
puty Clerk to the Board
APP
County Attorney
Date of signature: 0O1 /2o
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Steve Moreno
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2019-5109
IT0008
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Lochbuie IGA for Spillman Records
DEPARTMENT: Information Technology
PERSON REQUESTING: Ryan Rose
DATE: 10/25/2019
Brief description of the problem/issue:
This IGA will allow for the Lochbuie police department to become a records agency in Spillman.
Karin McDougal 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 Lochbuie to become a Spillman records agency. There
is no additional cost from Spillman, Lochbuie 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.
Approve
Recommendation
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Schedule
Work Session
Other/Comments:
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2019-5109
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INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND
SUPPORT BETWEEN WELD COUNTY AND LOCHBUIE POLICE DEPARTMENT
8
THIS AGREEMENT is made and entered into this day of C)c#ober ,
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 Town
of Lochbuie (hereinafter "Lochbuie").
RECITALS
WHEREAS, the parties wish to arrange for Lochbuie 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 Oc ra .e - i;, 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 Lochbuie 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 Lochbuie hereby agree as follows:
1. Agreement: The terms of this Agreement are outlined below.
2. Weld County:
Weld County will support Lochbuie'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
Lochbuie shall have access to, all modules listed in listed in the Spillman Licensing
agreement pertaining to RMS. Lochbuie will be provided access and may use the
RMS as long as this Agreement is in force.
3. Lochbuie:
Lochbuie will maintain their own staff, processes, and facilities for records
management.
Lochbuie 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, Lochbuie 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 Lochbuie after
Lochbuie has gone live with RMS and Lochbuie shall pay such invoice within 30
days of receipt thereof.
In addition, for each year this Agreement is in effect, Lochbuie 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
Lochbuie vis-a-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 Lochbuie ("Ongoing Agency Support") (these costs are
calculated by the number of Spillman users an agency employs). Weld County
shall inform Lochbuie of an approximation of these cost amounts at least sixty days
in advance of each year this Agreement is in effect as set forth in paragraph 4
hereof and shall invoice Lochbuie annually from the date service begins for the
costs to which Weld County is entitled under this Agreement, and Lochbuie shall
pay such invoices within 30 days of receipt thereof.
Lochbuie will be responsible for costs associated with products or services
obtained directly by Lochbuie from Spillman, including but not limited to costs for
training, travel, and equipment.
Lochbuie will comply with present data standards being utilized by the Weld
County Sheriff's Office and the Greeley Police Department.
Lochbuie acknowledges and agrees by entering into this Intergovernmental
Agreement, Lochbuie 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.
Lochbuie agrees to comply with all applicable terms and conditions of the License
Agreement, a copy of which Weld County shall provide to Lochbuie upon execution
of this Agreement. Spillman or the County may immediately terminate Lochbuie's
right to use the Licensed Program at any time if Lochbuie breaches the terms of
the License Agreement. Lochbuie agrees that its right to use the Licensed
Program is non -transferable without the County'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
for one year ("Initial Term"). The agreement shall renew automatically for
subsequent one-year terms on the date this is agreement is fully executed. Prior
to renewal of this Agreement Weld County will review Spillman RMS system
maintenance costs and Lochbuie agency support costs and provide Lochbuie 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 Lochbuie 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, Lochbuie
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 Lochbuie their data stored
within the RMS. Weld County Information technology shall provide the Lochbuie
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 Lochbuie 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. lndemnitt,: To the extent permitted by law, each party agrees to indemnify,
defend, and hold the other, its officers, employees, and agents, harmless from and
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. Except for
the Licensed Program which is the subject of this Agreement, Each party shall
maintain and own their own hardware and software. Any information provided by
Lochbuie shall remain the property of Lochbuie. Each agency is responsible for
meeting their requirements for privacy and confidentiality.
ATTEST: erV ) iti BOARD OF COUNTY COMMISSIONERS
Weld C : ty Clerk to the Beard LD COUNTY, CQLORADO
BY:
Deputy Clerk to the Bo
TOWN O* LOCHB E
By
(SEAL)
arbara Kirkmeyer, Chair
lot DOcl
Dat f
/0/' ; t
Date
EC 1 8 2019
20 / 9-.3/07
INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND
SUPPORT BETWEEN WELD COUNTY AND LOCHBUIE POLICE DEPARTMENT_
EXHIBIT A
SPILLMAN MAINTENANCE
PSIT BASIC AGENCY SETUP
ONGOING AGENCY SUPPORT
TOTAL
$ 1.496.72
$ 3,030.50
$ 2.220.14
$ 6,747.36
Net
Request
Entity Information
Entity Name*
SPILLMAN TECHNOLOGIES INC 0032923
D*
Contract Name*
LOCHBUIE IGA FOR SPILLMAN RECORDS
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
3275
Contract Lead*
JTHIMGAN
Contract Lead Email
ithimgan c@co.weld_co_us
Parent Contract ID
Requires Beard
YES
act Description*
IGA TO ALLOW THE LOCHBUIE POLICE DEPARTMENT TO BECOME A SPILLMAN RECORDS AGENCY
Contract Description 2
Contract Type
AGREEMENT
Amount *
$000
e
NO
Automatic Renewal
IGA
n
INFORMATION
TECHNOLOGY-GIS
nt Email
C
InformationTech nalogyGl S@w
eldgov.com
ment Head Email
CM-InformationTechnoIogyGIS-
DeptHead ciweldgov.corn
County Attorney
GENERAL COUNTY
A I I ORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEY @WELD
GOV.COM
Requested BOCC Agenda
Date*
12/1112019
Due Date
12/07/2015
Will a work session with BOCC be required?*
HAD
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 he left blank if those contracts are not in
Onaase
Contract E31
Effective Date
Termination Notice Period
Review Date * Renewal Date
01/01/2021
Committed Delivery Date Expiration Date*
12/312020
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
RYAN ROSE
DH Approved Date
12/10/2019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Originator
JTHIMGAN
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
12±12.2919
Tyler Ref #t
PA
Legal Counsel
KARIN MCD0UGAL
Legal Counsel Approved Date
12/16/2919
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