HomeMy WebLinkAboutResolution 2008-0051CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 51-2008
Series of 2008
TITLE: A RESOLUTION ADOPTING THE 2008
MEMORANDUM OF UNDERSTANDING (MOU)
AMONG THE FOLLOWING MEMBERS OF THE
JEFFERSON COUNTY EMERGENCY
COMMUNICATIONS AUTHORITY: THE CITY
OF WHEAT RIDGE, THE CITY OF LAKEWOOD
AND THE WEST METRO FIRE PROTECTION
DISTRICT, CONCERNING THE SHARED USE
OF CERTAIN RECORDING SYSTEM SERVERS
WHEREAS, the City Council finds that the City of Wheat Ridge, City of Lakewood and the
West Metro Fire Protection District have jointly determined that the sharing of a networked
logging recorder system to record public safety radio and telephone communications would
benefit each agency and the communities served from a financial and technological aspect; and
WHEREAS, networked recording among three agencies will allow the recording of more radio
channels and provide recorded radio redundancy for each agency; and
WHEREAS, the Jefferson County Emergency Communications Authority will purchase this
equipment and provided it as a shared, networked system for the City of Wheat Ridge, the City
of Lakewood, and the West Metro Fire Protection District, at no cost to the agencies, included
future maintenance expense; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado, as follows:
The City Council authorizes signing the 2008 Memorandum of Understanding (MOU) among
the following members of the Jefferson County Emergency Communications Authority; the City
of Wheat Ridge, The City of Lakewood, and the West Metro Fire Protection District, concerning
the shared use of certain recording system servers.
DONE AND RESOLVED THIS Z"'day of S~2008.
J ry iTullio, Mayor
ATTEST:
Michael D. Snow, City Clerk
THIS MEMORANDUM OF UNDERSTANDING CONCERNING SHARED
USE OF CERTAIN RECORDING SYSTEM SERVERS ("MOU") is entered into this
- day of August, 2008 (the "Effective Date") by Jefferson County Emergency
Communications Authority ("JCECA" a governmental entity established pursuant to
C.R.S. § 29-1-203, and the following members of JCETSA: the City of Lakewood
("Lakewood") and the City of Wheat Ridge ("Wheat Ridge"), each of which is a
Colorado municipal corporation; and West Metro Fire Protection District "West Metro"),
a Colorado special district organized pursuant to Title 32, C.R.S. Hereinafter the
JCETSA members listed above may be referred to collectively as the "Members" or
individually as "Member."
RECITALS
A. Pursuant to C.R.S. § 29-11-100.5 et seq., the Members have the authority
to spend funds collected from the 9-1-1 emergency telephone charge (the
"Funds") on costs directly related to the continued operation of the
emergency telephone service and the emergency notification service ("9-
1-1 Services"). The Members, along with other municipalities and special
districts that are not Parties to this Agreement, formed JCECA by
intergovernmental agreement dated October 28, 1983 (the "JCETSA
IGA"), and delegated their authority concerning the collection of the
Funds and their expenditure on 9-1-1 Services to JCETSA; and
B. JCECA and the Members have determined that there is a need for
improving the. ability of the Members to record and perform search and
replay operations on radio and telephone traffic related to the continued
operation of the emergency telephone service, and to provide a long-term
on-line repository for radio trunked call audio, along with high-speed
access to such repository, and
C. JCECA, on behalf of the Members, has contracted with NICE Systems,
Inc., a Delaware corporation, to acquire such capabilities and requisite
products ("Products") under the terms of a Master Purchase and Sales
Agreement, and applicable Purchase Order and Statement of Work
("SOW") (collectively, "Purchase Agreements"); and
D. Under such Purchase Agreement and agreement among the Members,
certain Products that will be used and accessed by Members ("Shared
Products") will reside on certain premises owned by West Metro Fire
Protection District; and
E. The Members desire to set forth their agreements regarding the use of, and
access to such Shared Products.
NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. The Shared Products are: (i) NICE Inform; and (ii) Storage Center; along with the
software for such Products.
2. The Shared Products shall be initially located at West Metro at 433 South Allison
Parkway, Lakewood, CO 80226.
3. Each Member may use and have access, by computer and other network means from
each Member's facilities, to such Shared Products, and the Members agree to reasonably
coordinate and cooperate with one another regarding network and other access to such
Shared Products. Each Member may physically inspect such Shared Products.
4. The Shared Products shall be maintained in accordance with the SOW.
5. If West Metro determines that it no longer wishes to house a Shared Product(s) at the
above location, or any other location, it shall notify in writing the other Members prior to
taking any action regarding such Shared Product(s). Upon such notification, and prior to
the taking of any action by West Metro, unless otherwise agreed, the Members shall meet
and discuss in good faith how to proceed regarding such Shared Product(s), i.e.,
relocating the Shared Product(s) to another Member's premises; consenting to the
proposed relocation; coordinating with NICE regarding any such move.
6. No mandatory expenditures of any Member or JCECA are required by this MOU.
7. GENERAL TERMS AND CONDITIONS
A. Assignment. No assignment of this MOU is permitted unless authorized
in writing by the JCETSA. All successors in interest of a party shall be
bound by this MOU.
B. Dispute Resolution. In the event of a dispute, all effected parties will meet
in good faith to solve the dispute. In the event this process is not
successful, all avenues provided by law or equity will be available.
C. Amendments. This MOU may be amended or modified only by a written
instrument signed by authorized representatives of all parties.
F. Severability. If any of the provisions of this MOU shall be invalid or
unenforceable, such invalidity or unenforceability shall not invalidate or
render unenforceable the entire MOU but rather the entire MOU shall be
construed as if not containing the particular invalid or unenforceable
provision or provisions, and the rights and obligations of the party shall be
construed and enforced accordingly to effectuate the essential intent and
purposes of this MOU.
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G. Governing Law and Venue. This MOU shall be construed in accordance
with, and its performance governed by, the laws of the State of Colorado.
Any legal action concerning the provisions hereof shall be brought in
Jefferson County, Colorado.
H. Execution in Counteparts. This MOU may be executed in one or more
counterparts, including by facsimile, which will be effective as original
agreements of the Parties executing the counterpart.
1. Governmental Immunity. JCETSA and the Members, their officers, and
their employees, are relying on, and do not waive or intend to waive by
any provision of this Agreement, the monetary limitations (presently one
hundred fifty thousand dollars ($150,000) per person and six hundred
thousand dollars ($600,000) per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise
available to JCETSA and the Members and their officers or employees.
L. No Multiple Fiscal Year Obligation. Because the Members have no
obligation to make financial contributions to JCETSA or any other third
party under the terms of this MOU, nothing herein shall constitute a
multiple fiscal year obligation pursuant to Colorado Constitution, Article
X, Section 20.
IN WITNESS WHEREOF, the parties have authorized and caused their duly authorized
representatives to sign THIS MEMORANDUM OF UNDERSTANDING
CONCERNING SHARED USE OF CERTAIN RECORDING SYSTEM SERVERS as
of the Effective Date.
Tefferson ounty erge-ncy Communications
Authority
City of Lakewood
By:
Its:
City of W¢ at g~~
Its: rs'c~y~r
West Metro Fire Protection District
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