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Home My WebLink About20160145.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF VICTIM ASSISTANCE SOFTWARE AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to me Rule Charter is vested with the authorit of Colorado statute a nd the Weld Count Ho , Y Y administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for use of Victim Assistance Software between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the City of Greeley, commencing upon execution of signature, and ending December 31, 2017, 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 use of Victim Assistance Software between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the City of Greeley 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 11th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , ATTEST: �.�'J.�r.c',�3�1J � .�p.� r�� "`�`�-�-�hai~r — Mike Freeman, Weld County Clerk to the Board � , _ Sean P. Conway, Pro-Tem BY: , De ty Cler to the Board ��, ' A. Cozad AP O D AS �F RM: i�� SED ra Kirkmeyer l nty Attorney � ,�',�► USED � eve Moreno Date of signature: � « - 2016-0145 C C: �o�°� �3 s0003� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: IGA with Greeley Police for Victims Advocate case management system DEPARTMENT: Sheriff's Office DATE: 12/22/15 PERSON REQUESTING: Jennifer Oftelie, Budget Manager Brief description of the problem/issue: Earlier in 2015, the Sheriffs Office staff presented the CiviCore web -based data management system as a part of the COVA grant application for the Victim Services Unit (VSU). This program will greatly improve the effectiveness and efficiency of the VSU, improving tracking & reporting on existing grant & compliance needs. We are asking to enter into an IGA with, Greeley Police to partner on CiviCore and each agency will have unique, protected access and information collected. Greeley is covering the majority of the setup cost, asking Weld to cover the maintenance fees of $300 per month for the first year, and starting in 2017 the monthly maintenance cost will be shared. Weld County would be responsible for $1,000 of the setup costs due to requesting automatic purging of records in accordance with our Records Management policy. The VSU has increased partnering agency financial contributions that would more than cover the costs for 2016, and the VOCA grant asked for funds to cover most of the monthly maintenance fees, if the grant is approved. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Sign and approve the IGA to move forward with the partnership. This is the most financially beneficial for both the County and Greeley as a partner. Both agencies get full access to the program at a reduced cost. There is a complete separation between the agency access so no information is shared. Not sign the IGA and consider paying the costs 100% through the County with the 2017 Budget cycle. This would include set up costs at approximately $5,950 and monthly maintenance of $250. This would also delay record keeping by another year. Recommendation: The Sheriffs Office recommends the board signs and approve. Barbara Kirkmeyer, Chair Mike Freeman Sean P. Conway Julie Cozad Steve Moreno art- Approve Schedule Recommendation Work Session Other/Comments: 2016-0145 INTERGOVERNMENTAL AGREEMENT FOR USE OF VICTIM ASSISTANCE SOFTWARE BETWEEN WELD COUNTY AND THE CITY OF GREELEY. THIS AGREEMENT is made and entered into this nit day of JailRani, 2016, by and between the COUNTY OF WELD, by and through the Board of County Commissiofiers of Weld County, on behalf of the Weld County Sheriff, whose address is P.O. Box 758, 1950 "O" Street, Greeley, CO 80631, hereinafter referred to as "the Sheriff," and the City of Greeley (hereinafter "Greeley"). RECITALS WHEREAS, the parties, both have an interest in the use of technology in providing victim assistance, 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, for the provision of services, and for the operation of emergency services, pursuant to section 29-11-102(1)(a), and WHEREAS, Weld County and Greeley are authorized to enter into this Agreement pursuant to § 29-1- 203, C.R.S., 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 Greeley hereby agree as follows: 1. Agreement: The terms of this Agreement are outlined below. This Agreement and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements and conditions between Weld County and Greeley and there are no other covenants, promises, agreements or conditions, either oral or written, between them related to the subject covered by this Agreement. 2. Description of Software Use: CiviCore, a victim services case management system. 3. Compensation: The total cost of the software development fee is $5,950.00. Of this initial fee, Weld County agrees to pay the City of Greeley $1,000. Maintenance fees for the software for both the City of Greeley and Weld County is $300/month. Weld County agrees to pay for the 2016 maintenance fees for the software at a total cost of $3,600. Beginning in 2017, Weld County and the City of Greeley agree to split the maintenance fee costs equally. This amount shall include all fees and other costs associated with use of the technology. 4. Term: This Agreement becomes effective upon full execution of the Agreement by the parties. This agreement shall continue for a two (2) year period. Upon the end of the 2017 year period, the parties may elect to renew the contract for an additional two (2) year period upon the same terms and conditions. 5. Termination: Each party has the right to terminate this agreement, with or without cause, upon ninety (90) days written notice to the other party. Upon termination of the Agreement for any reason, Weld County will remove any access to the technology. If Greeley terminates the agreement early it shall provide sufficient notice to County to transition to a new software. 6. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 7. Assignment: Neither party may assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of the other. 8. Compliance with Laws: Weld County and Greeley agree to comply with the applicable provisions of all federal, state or local laws or ordinances and all lawful orders, rules, and regulations issued thereunder; and any provisions, representations or agreements, or contractual clauses required thereby to be included or incorporated by reference or operation of law in this Agreement. 9. Modification: Any amendments or modifications to this agreement shall be made in writing and signed by all parties. 10. Non -Liability: The parties agree that in no event shall either party be liable due to any stoppage, delay, or any impairment in the operation of the technology pursuant to this Agreement where such stoppage, delay, or impairment result from acts of God, fire, war, legal or equitable proceeding, or any other cause which is outside the control of the party. 11. 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 either 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. 12. Choice of Law/Venue/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 in Weld County, Colorado. All parties agree to comply with any applicable federal, state, or local laws, rules, and regulations. 13. 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. 14. Third Party Beneficiary Enforcement: 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. 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 either the Weld County Board of County Commissioners or the City of Greeley to provide funding for any purpose under this Agreement that has not previously been budgeted and adequately appropriated. 17. Notice: Any notice to be given under this Agreement shall either be hand delivered,with signed receipt, or mailed to the party to be notified at the address set forth herein,with signed receipt,or by facsimile with confirmation,until such time as written notice of a change is received from the party wishing to make a change of address. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification shall be used in all instances, except for emergency situations when ixnmediate notification to the parties is required. Any demand or notice to either party may be given to the other party by addressing the written notice to: Weld County: Board of County Commissioners of Weld County,Colorado P.O.Box 758, 1150 O Street Greeley, CO 80632 Greeley: City of Greeley,Colorado ATTN: Chief of Police 2875 W. lOth Street Greeley, CO 80634 With a copy to: City Attorney 1100 10�`Street, Suite 401 Greeley, CO 80631 �C .-j .,. _ _ ___. , ATTEST: � �• '�`' BOARD OF COUNTY COMMISSIONERS , Weld ty Clerk to the B ard WELD COUNTY,COLORADO BY � /I� ^a.��11�v.— — '�� Mike Freeman, Chair Deputy Clerk to the Board JAN 1 1 2016 �� P VED TO SUBSTANCE: APPROVED AS T FI --1�� C��z�� Elected Official or Department Head Controller ROVE AS TO FORM: �I It'1 ,/� Director of General Services ,�, County Attorney I ��/!O-0/��I� THE CITY OF GREELEY, COLORADO ATTEST: By: City Cle APPROVED AS TO LEGAL FORM By: By: Cit AVAILABILITY OF FUNDS: By: rbt C(4)1-1-‘ Wuet) Director of Finance APPROVED AS TO SUBSTANCE: THE CITY OF GREELEY, COLORADO RESOLUTION 73 , 2015 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF VICTIM ASSISTANCE SOFTWARE BETWEEN WELD COUNTY AM) THE CITY OF GREELEY. WHEREAS, the parties both have an interest in the use of technology in providing victim assistance; 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, for the provision of services, and for the operation of emergency services, pursuant to section 29-11- 102(1)(a); and WHEREAS, pursuant to this Agreement the County will be responsible to pay the City for their portion of the maintenance fees on an annual basis; and WHEREAS, the City of Greeley and Weld County are authorized to enter into this Agreement, by virtue of Section 29-1-203, C.R.S.; Article II, Section 2-3 of the Weld County Home Rule Charter; and Section 3-7 of the City of Greeley Charter; and WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into the Intergovernmental Agreement with Weld County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: 1. The City Council hereby authorizes the Mayor to enter into the Intergovernmental Agreement, attached hereto and incorporated herein as Exhibit "A". 2. This Resolution shall become effective immediately upon its passage. KyoPASSED AND ADOPTED, SIGNED AND APPROVED THIS I day of 11}j , 2015. ATTEST: THE CITY OF GREELEY, COLORADO Z.,1/kI City Clerk Mayor Hello