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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. 2 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 3