HomeMy WebLinkAbout20182529.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE
AND SUPPORT AND AUTHORIZE CHAIR TO SIGN - EVANS 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 Evans Police Department, commencing upon full execution of
signatures, and ending December 31, 2018, with further 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
Evans 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 8th day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: d.,tits,t) i,D;e1
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APPROVED AS TO FO
Asst. County Attorney
Date of signature:
Mike Freeman
U8 a3 /8
Ste,e Moreno, Chair
arbara Kirkmeyer, ro-Tem
Sean P. Co
Julie A. ozad
cc: =TCRR/ ST)
9- i*-i8
2018-2529
IT0007
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: Evans IGA for Spillman records
DEPARTMENT: Information Technology
PERSON REQUESTING: Ryan Rose
Brief description of the problem/issue:
This IGA will allow for the Evans police department to become a Records Agency in Spillman. The attached IGA
was drafted and reviewed by Frank Haug and is ready for signatures.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Grant authorization for the Chair to sign the IGA allowing Evans to become a Spillman records agency. There is
no additional cost from Spillman, Evans will start paying their records portion costs in accordance with the IGA
Not sign the IGA and Evans will remain a Dispatch only agency.
Recommendation:
DATE: 6/8/18
Weld County IT recommends that the Board grantapproval for the Chair to sign the attached contract which will
allow Evans Police Department to become a Spillman records agency.
Approve •
Recommendation
Sean P. Conway
Julie Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Schedule
Work Session
Other/Comments:
2018-2529
INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND
SUPPORT BETWEEN WELD COUNTY AND EVANS � POLICE DEPARTMENT.
THIS AGREEMENT is made and entered into this O day of
2018, by and between the COUNTY OF WELD, COLORADO, by antough the Weld
County Board of Commissioners (hereinafter' 'Weld County" or "County"), THE CITY OF
EVANS, COLORADO, by and through the Evans Police Department (hereinafter
"Evans").
RECITALS
WHEREAS, the parties wish to arrange for Evans 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 greQment between Spillman Technologies, Inc.
("Spillman") and Weld County, dated od , 2018 ("License Agreement"),
subject to the terms and conditions of t is 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 Evans 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 Evans hereby agree as follows:
1. Agreement: The terms of this Agreement are outlined below.
2. Weld Count
Weld County will support Evans'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 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 Evans shall have access to all
modules las outlined in the License Agreement pertaining to RMS. Evans will be
provided access and may use the RMS as long as this Agreement is in force.
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3. Evans:
Evans will maintain their own staff, processes, and facilities for records
management.
Evans 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, Evans shall
pay Weld County for Spillman Maintenance (defined below), Ongoing Agency
Support (defined below), 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 Evans within 30 days of the execution of
this agreement and Evans shall pay such invoice within 30 days of receipt
thereof.
In addition, for each year this Agreement is in effect beyond the initial term,
Evans shall pay Weld County (1) it's proportion of the cost incurred by Weld
County for RMS maintenance pursuant to the Spillman Support Agreement
("Spillman Maintenance") (these costs are calculated by comparing the number
of Spillman police reports generated by Evans 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 Evans
("Ongoing Agency Support"). Weld County shall invoice Evans annually for the
costs to which Weld County is entitled under this Agreement, and Evans shall
pay such invoices within 30 days of receipt thereof.
Evans will be responsible for costs associated with products or services obtained
directly by Evans from Spillman, including but not limited to costs for training,
travel, and equipment.
Evans will comply with present data standards being utilized by the Weld County
Sheriff's Office and the Greeley Police Department.
Evans acknowledges and agrees by entering into this Intergovernmental
Agreement, Evans 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. Evans agrees to comply with all applicable terms and conditions of
the License Agreement. Spillman or the County may immediately terminate
Evans's license at any time if the agency breaches the terms of the License
Agreement. Evans 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, 2018 ("Initial Term"). The agreement shall renew
automatically for subsequent one-year terms. Prior to renewal of this Agreement
Weld County will review Spillman Maintenance and Ongoing Agency Support
costs to provide Evans's cost for the subsequent term.
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 Evans 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,
Evans'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 Evans their data
stored within the RMS. Weld County Information technology shall provide the
Evans 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 Evans 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 Evans, 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 Evans shall remain the property of Evans. Each agency is
responsible for meeting their requirements for privacy and confidentiality.
ATTEST: WAttrlitetiG ;e1
Weld • my Clerk to the Board
BY:
Deputy Clerk to the Boa
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair AUG 0 8 2018
2.0,1, 00502X
CITY OF Evans
ATTEST:
Date
INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND
SUPPORT BETWEEN WELD COUNTY AND EVANS POLICE DEPARTMENT.
EXHIBIT A
SPILLMAN MAINTENANCE
PSIT BASIC AGENCY SETUP
ONGOING AGENCY SUPPORT
TOTAL
$ 4,803.22
$ 3,030.50
$ 9,092.50
$16,926.22
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