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HomeMy WebLinkAbout08121ORDINANCE NO. 8121 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, THE PUEBLO COUNTY SHERIFF, AND PUEBLO, A MUNICIPAL CORPORATION CONCERNING PROCUREMENT OF SOFTWARE AND RELATED SERICES AND PAYMENT OF COSTS THEREFOR, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding, dated December 28, 2009, between the Board of County Commissioners of Pueblo County, the Pueblo County Sheriff, and Pueblo, a Municipal Corporation (for the use and benefit of its Police Department) concerning procurement of CopLink Software licenses, services and maintenance and support, and payment of costs therefore, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SFrTinN 9 The President of the City Council is hereby authorized to execute the Memorandum of Understanding for and on behalf of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: December 14, 2009 BY: Randy Thurston COUNCILPERSON APPR D' } �- PRESIDENTaf City Council A77TSTFD DY: CITY CLERK PASSED AND APPROVED: December 28, 2009 M " e Background Paper for Proposed ORDINANCE AGENDA ITEM # R -3 DATE: December 14, 2009 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, THE PUEBLO COUNTY SHERIFF, AND PUEBLO, A MUNICIPAL CORPORATION CONCERNING PROCUREMENT OF SOFTWARE AND RELATED SERICES AND PAYMENT OF COSTS THEREFOR, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the attached Memorandum of Understanding between Pueblo County and the City concerning procurement of the CopLink computer software, services and maintenance, and payment therefor. The department recommends approval of this ordinance. BACKGROUND Numerous police and sheriffs departments throughout Colorado have come together in a consortium for the purpose of computerized sharing of criminal justice information. The consortium has been operating for some time, using proprietary "CopLink" software supplied by Knowledge Computing Corporation, a Delaware Corporation ( "KCC ") in order to share data among agencies. The City has received a Colorado Justice Assistance Recovery Grant (JAG ARRA), Grant No. 29- JR- 06 -33 -1 (the "Grant'), for the purpose of procuring the CopLink software, licenses, certain related services and software maintenance and support to enable the City and Sheriff to participate in the consortium. The Grant funding will pay the entire software license and initial service costs for both agencies, as well as maintenance and support for both entities for the first year. The purpose of this MOU is to simply approve and memorialize the understanding reached between the City and the County whereby they will jointly enter into the software licensing, services and maintenance and support agreement with KCC, the initial costs will be paid by City from the Grant proceeds, and that each party will then be responsible for payment of their respective annual maintenance /support costs for the CopLink software for each year subsequent to the first year. FINANCIAL IMPACT Under the proposed MOU, the City will apply the Grant proceeds to the initial acquisition costs for the software, including license fees and services. Thereafter, the City will be obligated to pay, for annual maintenance and support provided by KCC, the amount of $7,950 plus $7,245 to the Colorado Information Sharing Consortium (CISC) for 207 officers, for a total annual (second year) maintenance and support cost of $15,195. The County will be liable for annual (second year) maintenance and support to KCC for $7,950 plus $1,960 to CISC for 56 officers, for a total annual maintenance and support cost for County of $9,910. These maintenance and support cost amounts may rise in subsequent years. Substituted Copy December 28, 2009 MEMORANDUM OF UNDERSTANDING Concerning Procurement of Software and Related Services THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 28"' day of December 2009, by and between Pueblo, a Municipal Corporation (hereafter referred to as the "City ") and the Board of County Commissioners of Pueblo County, Colorado, and the Pueblo County Sheriff (hereafter collectively referred to as the "County "). The City and County may each be referred to herein as a "Party" or collectively as the "Parties. RECITALS: WHEREAS, section 18(2)(a) and (b) of Article XIV of the Constitution of the State of Colorado and the Colorado Intergovernmental Relationships Statute, C.R.S. § 29 -1 -201, et seg., authorizes political subdivisions to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units, including the sharing of costs, if such contract sets forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the contracting parties; and, WHEREAS, the City is authorized pursuant to Article XX of the Colorado Constitution, Article 10 of the Pueblo Charter, and Part 3 of Article 72, Title 24, C.R.S. to engage in preservation of public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property and the enforcement of the laws of the State and Ordinances of the City, and in connection therewith, keep records and share certain criminal justice information with other law enforcement agencies; and, WHEREAS, the Pueblo County Sheriff is also statutorily authorized to provide such law enforcement functions and to keep records and share criminal justice information pursuant to said Part 3 and Part 5 of Article 10, Title 30, C.R.S.; and, WHEREAS, numerous police and sheriffs departments throughout Colorado have come together in a consortium for the purpose of computerized sharing of criminal justice information; and the consortium has been operating for some time, using proprietary "CopLink" software supplied by Knowledge Computing Corporation, a Delaware Corporation ( "KCC ") in order to share data among agencies; and, WHEREAS, the City had applied for and has been awarded Colorado Justice Assistance Recovery Act Grant (JAG ARRA) Grant Number 29- JR- 06 -33 -1 (the "Grant ") for the purpose of procuring the CopLink software, licenses, certain related services and initial software maintenance and support to enable the City and Sheriff to participate in the consortium; the first year costs, for both the City and the County aggregate to $193,966 and will be fully paid by the Grant; and, WHEREAS, the Parties hereto have reached an agreement that provides for the City and the County to each pay their own respective annual maintenance and support costs for each year subsequent to the first year; and, WHEREAS, the Parties anticipate jointly entering into an agreement with KCC dated December 28, 2009 under which KCC will furnish and license the CopLink software, connect the Parties to a CopLink data node, provide other services, and provide software support and maintenance; and, WHEREAS, the County and City desire to cooperate and enter into a Memorandum of Understanding memorializing and setting forth the terms and conditions for said participation in the consortium and obligations to each other under the agreement with KCC. NOW, THEREFORE, FOR AND IN CONSIDERATION of the foregoing recitals and the mutual promises, covenants, terms and conditions contained herein, City and County agree as follows: 1. City and County agree to enter into an Agreement for Services with KCC dated December 28, 2009 in such form as City, County and KCC may agree (the "Software Agreement "). The Software Agreement will provide for KCC to furnish and license to City and County the CopLink software, provide certain related services, and provide software maintenance and support. 2. Subject to City's receipt of sufficient Grant funds, the City will apply the Grant proceeds to the initial acquisition costs for the software as provided in the Software Agreement, including license fees and services. Thereafter, the City shall only be responsible for payment, for annual maintenance and support provided by KCC, the amount of $7,950 plus $7,245 to the Colorado Information Sharing Consortium (CISC) for 207 City police officers, for a total annual (second year) maintenance and support cost of $15,195. The County will be responsible for payment for the second year maintenance and support to KCC for $7,950 plus $1,960 to CISC for 56 peace officers, for a total cost to County of $9,910. 3. To the extent authorized by law, County shall indemnify and hold harmless the City, its officers, directors, agents and employees, as officials and individuals, from and against any and all claims, demands, actions, and suits of any kind or nature whatsoever arising under any applicable worker's compensation laws or other public liability law made as a result of the County's actions and conduct with respect to its participation in the consortium, use of Grant funds or this Agreement including, but not limited to, defects in any software provided by KCC under the Software Agreement and any component parts thereof for which claims, demands or suits may be brought against the City, its officers, directors, agents and employees or costs or fees incurred by them in defending any action arising from any such claim, demand or suit, including, but not limited to, reasonable attorney's fees, except to the extent that such liability is adjudicated to be the result of the negligent or intentional actions of the City, its officers, directors, agents and employees. 2 4. Term. The term of this Agreement shall commence on the date first set forth herein and shall end on December 31, 2011. 5. Liability Exposure. Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., by City or County. 6. Complete Agreement. This Agreement constitutes the complete Agreement on the subject hereof and supersedes and replaces all prior oral and written understandings and/or agreements of the parties on the subject hereof. 7. Governing Law. This Agreement and the rights and duties of the parties shall be construed and interpreted and enforced in accordance within the laws of the State of Colorado. 8. Modifications. This Agreement may not be modified or amended in any manner by either or both of the parties unless the same is set forth in a written agreement making reference to this Agreement and signed by the parties hereto. No waiver of any of this Agreement's provision or conditions shall be binding unless made in writing and signed by the Chair of the Board of County Commissioners and the President of the City Council. 9. Binding Agreement. When executed by the parties, this Agreement shall constitute a binding Agreement and shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and permitted assigns. Any delegation or assignment of this Agreement or any of the obligations set forth herein by either party without the prior written consent of the other party shall be void and of no force and effect. 10. Severable. If any provision of this Agreement shall be determined invalid, illegal or without force by a Court of Law or rendered so by legislative act, the remaining provisions shall remain in full force and effect. 11. Waiver. Failure to exercise any remedy which either party may have under this Agreement or any other acquiescence by one party, shall not constitute a waiver of any obligation of the defaulting party hereunder. 12. Notices: All notices required under this Agreement shall be sent in writing by certified or registered mail, return receipt requested, to the following address: City of Pueblo Pueblo County, Colorado Attn: City Manager Attn: Pueblo County Attorney 1 City Hall Place 215 W. 10th St., Rm. 312 Pueblo, CO 81003 Pueblo, CO 81003 13. Captions. Captions and headings used in this Agreement are for identification only and shall be disregarded in any construction or interpretation of the provisions of this Agreement. 14. Appropriations of Funds. This Agreement is expressly made subject to the annual appropriation of funds by City and County for its performance and upon failure of City or County to appropriate funds for this Agreement, said Agreement shall be terminated without liability to either party. 15. No Third Party Beneficiary. Enforcement of the terms and conditions of this Agreement shall be strictly reserved to the City and County and nothing contained in this Agreement shall give or allow any claim or right of action by any other party or third person. 16. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first above written. ATTEST: By _ ?� City ork _ CITY OF PUEBLO B � C / /?J Y President of the City Council ATTEST: I BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO By C�. Chairman, J.F. Chostner PUEBLO COUNTY, COLORADO By Kirk Tayl Sheriff Ll