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Home My WebLink About20182528.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND SUPPORT AND AUTHORIZE CHAIR TO SIGN - DACONO 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 Dacono 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 Dacono 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 COUNTY, COLORADO ATTEST: datiteV ue&49;40k. Weld County Clerk to the Board BY: Dep y Clerk to the Board APPROVED AS TO FORM: Asst. County Attorney Date of signature: Steve Moreno, Chair Mike Freeman cc: =TC RRl3T) 2018-2528 IT0007 al 6 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: Dacono IGA for Spillman records DEPARTMENT: Information Technology PERSON REQUESTING: Ryan Rose DATE: 7/23/18 ''d// Brief description of the problem/issue: This IGA will allow for the Dacono police department to become a records agency in Spillman. The attached IGA was drafted and reviewed by Frank Haug. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Grant authorization for the Chair to sign the IGA allowing Dacono to become a Spillman records agency. There is no additional cost from Spillman, Dacono will start paying their portion of the records costs in accordance with the IGA Not sign the IGA and Dacono will remain a Dispatch only agency. Recommendation: Weld County IT recommends that the Board grant approval for the Chair to sign the attached contract which will allow Dacono Police Department to become a Spillman records agency. Sean P. Conway Julie Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair gig Approve Recommendation mf 1 Schedule Work Session Other/Comments: 2018-2528 irooD7 INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND SUPPORT BETWEEN WELD COUNTY AND DACONO POLICE DEPARTMENT. THIS AGREEMENT is made and entered into this day of 2018, by and between the COUNTY OF WELD, COLORADO, by and tl( ugh the Weld County Board of Commissioners (hereinafter "Weld County" or "County"), and the City of Dacono, a Colorado home rule municipal corporation (hereinafter "Dacono"). RECITALS WHEREAS, the parties wish to arrange for Dacono 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 reement between Spillman Technologies, Inc. ("Spillman") and Weld County, dated oe , 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 Dacono 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 Dacono hereby agree as follows: 1. Agreement: The terms of this Agreement are outlined below. 2. Weld County: Weld County will support Dacono'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 Dacono shall have access to all modules las outlined in the License Agreement pertaining to RMS. Dacono will be provided access and may use the RMS as long as this Agreement is in force. 3. Dacono: 020/t - a5a2f Dacono will maintain their own staff, processes, and facilities for records management. Dacono 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, Dacono 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 Dacono within 30 days of the execution of this agreement and Dacono shall pay such invoice within 30 days of receipt thereof. In addition, for each year this Agreement is in effect beyond the initial term, Dacono 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 Dacono 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 Dacono ("Ongoing Agency Support"). Weld County shall invoice Dacono annually for the costs to which Weld County is entitled under this Agreement, and Dacono shall pay such invoices within 30 days of receipt thereof. Dacono will be responsible for costs associated with products or services obtained directly by Dacono from Spillman, including but not limited to costs for training, travel, and equipment. Dacono will comply with present data standards being utilized by the Weld County Sheriff's Office and the Greeley Police Department. Dacono acknowledges and agrees by entering into this Intergovernmental Agreement, Dacono 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. Dacono agrees to comply with all applicable terms and conditions of the License Agreement. Spillman or the County may immediately terminate Dacono' license at any time if the agency breaches the terms of the License Agreement. Dacono 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 Dacono'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 Dacono 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, Dacono'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 Dacono their data stored within the RMS. Weld County Information technology shall provide the Dacono 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 Dacono 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 Dacono, 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 Dacono shall remain the property of Dacono. Each agency is responsible for meeting their requirements for privacy and confidentiality. ATTEST: dia144) ;&k. BOARD OF COUNTY COMMISSIONERS Weld • my Clerk to the Beard WELD UNTY, COLORADO BY: Deputy Clerk to the Steve Moreno, Chair AUG 0 8 2018 0249/?- 0250Z1 CITY OF DAC©N By Joe Baker, + ayor ATTEST Valerie Taylor, City er Da e Date INTERGOVERNMENTAL AGREEMENT FOR SPILLMAN RECORDS USE AND SUPPORT BETWEEN WELD COUNTY AND DACONO POLICE DEPARTMENT. EXHIBIT A SPILLMAN MAINTENANCE PSIT BASIC AGENCY SETUP ONGOING AGENCY SUPPORT TOTAL $ 872.33 $ 3,030.50 $ 9,092.50 $12,995.33 Hello