HomeMy WebLinkAbout2017 Ordinance No. 042ORDINANCE NO. 42
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 43
INTRODUCED BY COUNCIL
MEMBER YATES
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH ARAPAHOE COUNTY, THE ARAPAHOE COUNTY E-911
COMMUNICATIONS SERVICES AUTHORITY, THE CITY OF CHERRY HILLS
VILLAGE, THE CITY OF ENGLEWOOD, THE CITY OF GLENDALE, THE CITY
OF GREENWOOD VILLAGE, THE CITY OF LITTLETON, AND THE CITY OF
SHERIDAN FOR THE ARAPAHOE COUNTY CONSOLIDATED LAW
ENFORCEMENT COMPUTER AIDED DISPATCH (CAD)
WHEREAS, Arapahoe County, Englewood, Glendale, Greenwood Village and Littleton
each operate a public safety answering point ("P.S.A.P.") which provide call taking and
dispatching services; and
WHEREAS, Arapahoe County provides P.S.A.P. services for the Cities of Cherry Hills
Village and Sheridan; and
WHEREAS, P.S.A.P's. provide dispatching services utilizing Computer Aided
Dispatching (CAD), and in order to save costs and increased interoperability among the
Parties' law enforcement agencies, the Parties desire to select, design, purchase, and use a
single consolidated CAD to be hosted by Arapahoe County; and
WHEREAS, the City Council of the City of Englewood approved an Intergovernmental
Agreement to use the Arapahoe County Trunked Radio System (DTRS) by the passage of
Ordinance No. 27, Series of 2005; and
WHEREAS, over the past twelve (12) months the project upgrade has been in process
and the Parties have chosen Tritech Software Systems to provide the software and
programming for the new system; and
WHEREAS, Tritech Software CAD Systems are currently being used throughout the
State of Colorado, including the City and County of Denver, Loveland, Adams County and
other agencies; and
WHEREAS, the new system will provide a state of the art CAD system, and will increase
efficiencies of the Police Department in the areas of response times, crime analysis, officer
safety, and citizen satisfaction regarding calls for service and accountability; and
WHEREAS, Arapahoe County will implement the CAD system in the fourth quarter of
2017 with the other parties following suit in the first quarter of 2018; and
WHEREAS, this Intergovernmental Agreement is necessary, proper and convenient for
the continued preservation of the public peace, health and safety and for providing a more
cost effective and efficient use of governmental resources; and
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WHEREAS, the City of Englewood's cost will be $28,954.00 which will be paid by the E-
911 Authority, and reimbursed by the Police Department Agency Operating Fund, with a
realized saving of almost $8,000.00 per year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
entering the "Intergovernmental Agreement with Arapahoe County, the Arapahoe County E-
911 Communications Services Authority, the City of Cherry Hills Village, the City of
Englewood, the City of Glendale, the City of Greenwood Village, the City of Littleton, the City
of Sheridan for the Arapahoe County Consolidated Law Enforcement Computer Aided
Dispatch (CAD) attached hereto as Exhibit A
Section 2. The Mayor and City Clerk are authorized to execute and attest said
Intergovernmental Agreement for and on behalf of the City of Englewood.
Introduced, read in full , and passed on first reading on the 19th day of June, 2017.
Read by Title and passed on final reading on the 3rd day of July, 2017.
Published by Title in the City's official newspaper as Ordinance No. 42, Series of 2017,
on the 6th day of July, 2017.
Published by title on the City's official website beginning on the 5th day of July, 2017 for
thirty (30) days.
ATTEST:
I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 42, Series of 2017 .
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ARAPAHOE COUNTY CONSOLIDATED LAW ENFORCEMENT CAD
INTERGOVERNMENTAL AGREEMENT
This Arapahoe County Consolidated Law Enforcement Computer Aided Dispatch (CAD)
Intergovernmental Agreement (this '"Agreement") is dated ,filjj 3 , 2017 (the "Effective
Date"), by and among:
• Arapahoe County ("Arapahoe County");
• the Arapahoe County E-911 Communications Service Authority (the "911 Authority");
• the City of Cherry Hills Village ("Cherry Hills Village");
• the City of Englewood ("Englewood");
• the City of Glendale ("Glendale");
• the City of Greenwood Village ("Greenwood Village");
• the City of Littleton ("Littleton"); and
• the City of Sheridan {"Sheridan").
Arapahoe County, Cherry Hills Village, Englewood, Glendale, Greenwood Village, Littleton and
Sheridan are further referred to herein as the "Law Enforcement Agency Parties" or "LEA
Parties" Capitalized terms used herein are defined throughout this Agreement.
RECITALS
A. With the exception of the 911 Authority, each of the Parties operates a law enforcement
agency.
B. Arapahoe County, Englewood, Glendale, Greenwood Village, and Littleton each operate
a public safety answering point (a "PSAP"). Each of these PSAPs provides 9-1-1 call
taking and law enforcement dispatching services. The Arapahoe County PSAP also
provides services to Cherry Hills Village and Sheridan.
C. The PSAPs provide dispatching services using computer aided dispatch ("CAD"). In
order to save costs and increase interoperability among the Parties' law enforcement
agencies, several of the Parties desire to select, design, purchase, and use a single,
consolidated CAD (including all hardware and software associated therewith, the
"Consolidated CAD") to be hosted and operated by Arapahoe County pursuant to the
terms of this Agreement.
D. The 911 Authority is authorized to collect the emergency telephone charge and to spend
the same on qualifying expenditures, all pursuant to C.R.S. §§ 29-11-101 et seq. The 911
Authority provides financial assistance to the PSAPs. The 911 Authority will pay for a
portion of the Consolidated CAD pursuant to the terms of this Agreement.
DEFINITIONS
A. Consolidated CAD System. The redundant, consolidated regional computer aided
dispatch (CAD) system designed to allow multiple PSAPs, existing within Arapahoe
County, to use a single shared CAD system. The system does not include any Records
Management System (RMS) or any other software not associated with the computerized
dispatching of resources in the field .
Arapahoe County Consolidated Law Enforcement CAD
B. Hardware. The physical computer parts and components constituting the Consolidated
CAD system or which are used by a party to interface with, access, or utilize the
Consolidated CAD system.
C. Software. Any software, software package, or interface that comprises the Consolidated
CAD system or which is used by a Party to interface with, access, or utilize the
Consolidated system,
D. Hub. That portion of the Consolidated CAD System comprised of all hardware, software
and licensing required for the database/file server, CAD web server, CAD archive and
reporting server, CAD browser server and mobile server. The Hub shall be hosted by
Arapahoe County.
E. Node. That portion of the Consolidated CAD System comprised of all hardware,
software, network connectivity and licensing required for participating agencies to
connect with and interface with the Hub.
F. CAD Server. Hardware, licensing and software required to allow a range of separately
licensed CAD Clients to connect to the server.
G. CAD Position. Hardware, licensing and software required to run CAD at the dispatch
computer.
H. Mobile Server. Hardware, licensing and software required to allow a range of separately
licensed Mobile Clients to connect to the server.
I. Mobile Position. Hardware, licensing and software required to run and connect to the
Mobile Server from a mobile computer.
J. CJIS Security Policy. Current version of the Criminal Justice Information Security
Policy that contains a minimum set of security requirements for access to Federal Bureau
of Investigation Criminal Justice Information Services (CJIS) Division systems and
information and to protect and safeguard Criminal Justice Information.
K. Network. A wide area network connecting each node to the hub of the Consolidated
CAD System.
AGREEMENT
Now, THEREFORE, in consideration for the recitals, the mutual promises herein, and other good
and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the
Parties agree as follows:
I. Management of the Consolidated CAD. The Consolidated CAD shall be managed by a
board (the "Board") consisting of board members (each a "Board Member"), as further
described in this Section 1.
a. Duties. The Board shall have oversight of the Consolidated CAD, providing
direction for the operation, administration, and maintenance of the Consolidated
CAD.
b. Parties Entitled to a Board Member Position.
i. Each LEA Party is entitled to one Board Member position on the Board;
provided, however, that (I) if a Party purchases a new CAD system or
joins another CAD consolidation system exclusively after the Effective
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Arapahoe County Consolidated Law Enforcement CAD
Date, that Party shall no longer be entitled to a Board Member position
and (2) if, after January 1, 2021, a Party's primary law enforcement
agency is not dispatched by a PSAP using the Consolidated CAD, that
Party shall no longer be entitled to a Board Member position.
ii. If a Party loses its Board Member position, the Board Member appointed
by that Party shall be deemed to have resigned effective the date the Party
lost its Board Member position.
iii. The 911 Authority may appoint its executive director or another person
(the "911 Appointee") to serve on the Board in a non-voting, advisory
capacity.
c. Appointment; Eligibility, The chief law enforcement officer (the "CLEO") of
each LEA Party, in his or her discretion, shall appoint that LEA Party's Board
Member and any vacancies to that position on behalf of that Party. A LEA
Party's Board Member must be employed by that Party. If a Board Member is no
longer employed by the appointing Party, the Board Member will be deemed to
have resigned as of the date of separation of employment. Each Board Member
shall serve at the pleasure of the CLEO of the LEA Party that appointed him or
her.
i. Each Board Member appointed to serve on the Consolidated CAD Board
shall remain the employee of his or her home jurisdiction and shall,
likewise, remain subject to and covered under that Party's liability and
other insurance or self-insurance coverage, in addition to its personnel
policies and procedures, inclusive of policies and procedures governing
overtime, employment compensation and benefits, worker's
compensation, vacation and sick time, grievances and discipline, job
performance review, duty assignments, and termination. Each Party shall
also retain responsibility for the conduct of those persons the CLEO
appoints to serve on the Board and will be responsible for investigating
and handling any complaints made against the appointed Board Member.
All Parties to the Consolidated CAD agree to cooperate with each
member's employer to the extent such assistance is reasonably needed to
effectuate this provision.
d. Term; Removal and Resignation. Except as otherwise provided herein, there is
no limit on the amount of time a person may serve as a Board Member. A Board
Member may be removed at any time by the CLEO of the LEA Party which
appointed the Board Member. A Board Member may resign at any time by giving
written notice to the Board and to the CLEO of the Party which appointed the
Board Member. Unless otherwise stated in the resignation notice, the resignation
shall be effective upon receipt by the Board.
e. Quorum and Action of the Board; Minutes. The majority of the Board
Members then in office shall constitute a quorum for the transaction of business.
Unless otherwise required by this Agreement, the affirmative vote of a majority of
the Board Members present at the time of the vote, if a quorum is present at such
time, shall be the act of the Board. Each Board Member shall have one vote. The
Board secretary shall keep minutes of each meeting and a record of actions taken.
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Arapahoe County Consolidated Law Enforcement CAD
f. Place and Time of Meetings; Notices. The Board may hold meetings from time
to time as it may determine, provided that it holds at least two meetings per year.
Notice must be given personally or by email to all Board Members and the 911
Appointee at least seven days before the meeting, and said notice shall contain the
date, place, and general purpose of the meeting.
g. Electronic Participation; Compensation. Board Members may participate in a
meeting by means of conference telephone or similar communications equipment
by which all persons can hear each other at the same time, and such participation
shall constitute presence in person at the meeting for purposes of quorum and
voting. No compensation shall be paid to Board Members, as such, for their
services on the Board.
h. Board Officers. The Board shall annually appoint from the Board Members a
chairperson, a secretary, a treasurer, and such other positions as the Board deems
necessary, each of whom shall have the responsibilities and obligations customary
to such positions.
i. Bylaws. By resolution adopted by a majority of all Board Members, the Board
may adopt or amend bylaws, including rules governing acceptable attendance by
Board Members at meetings.
j. Committees. By resolution adopted by a majority of all Board Members, the
Board may designate a committee of at least one Board Member ( or the 911
Appointee) and those other persons that the Board may select. All committees
shall serve at the pleasure of the Board. This Section l .j shall not apply to the
Operations Committee (defined below).
k. Fiscal Agent. Arapahoe County shall serve as the fiscal agent for the Board and
administer funds received from the other Parties pursuant to this Agreement.
2. Operations Committee. The Consolidated CAD shall be designed and implemented
under the direction of a committee (the "Operations Committee") consisting of
committee members (each, a "Committee Member"}, as further described in this
Section 2.
a. Duties. The Operations Committee shall provide direction and oversight of the
design, purchase, installation, and implementation of the Consolidated CAD to
Arapahoe County and all Parties named herein. The Operations Committee shall
also provide technical advice and assistance to the Board as requested. The
Operations Committee shall manage the daily operations of the CAD.
b. Parties Entitled to a Committee Member. Each LEA Party who meets either of
the following conditions is entitled to one Committee Member position: (i) those
Parties who operate a PSAP committed to using the Consolidated CAD or
(ii) those Parties whose primary law enforcement agency is dispatched by a PSAP
committed to using the Consolidated CAD. As of the Effective Date, Arapahoe
County, Cherry Hills Village, Englewood, Greenwood Village, Littleton,
Glendale and Sheridan are entitled to one Committee Member position each.
Each party may request and use technology support at their discretion/need.
c. Appointment. The CLEO of each eligible Party, in his or her discretion, shall
appoint that Party's Committee Member and any vacancies to that position on
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Arapahoe County Consolidated Law Enforcement CAD
behalf of that Party. Each Committee Member shall serve at the pleasure of the
CLEO of the Party that appointed him or her.
d. Operation. The Operations Committee shall operate using the same rules and
format set forth for the Board in Section l .d through Section l .j, as if "Board"
were replaced with "Operations Committee" and "Board Member" were replaced
with "Committee Member".
e. Involvement by Parties not Entitled to a Committee Member. Parties which
are not eligible to appoint a Committee Member (including the 911 Authority)
may appoint one person to serve on the Operations Committee in a non-voting,
advisory capacity. These appointees shall be given notice of each Operations
Committee meeting.
3. Technical Workgroup. A Technical Workgroup will be established to assist the
Operations Committee regarding the technical aspects of the Consolidated CAD.
a. Duties. The Technical Workgroup shall provide guidance and direction for all
technical aspects of the Consolidated CAD system, as needed or requested by the
Operations Committee and the Governance Board.
b. Parties Entitled to a Technical Workgroup Member. Each agency that meets
the conditions set forth in section 2.b shall be entitled to have a member on the
Technical Workgroup.
4. Purchase and Ownership of the Consolidated CAD.
a. Purchase by Arapahoe County. Arapahoe County shall purchase the required
server hardware, software, and licensing for the Hub of the Consolidated CAD.
Arapahoe County shall execute a contract in its own name and shall be
responsible for all acceptance, warranty, and other contractual issues for the Hub.
Arapahoe County shall ensure that the contract permits the use of the
Consolidated CAD for the purposes set forth herein. Arapahoe County will
license the CAD Server and Mobile Server as outlined in attachment A, which is
attached hereto and made a part of this Agreement.
b. Purchase by Other LEA Parties. Under the direction of the Operations
Committee, the other LEA Parties named herein shall be responsible for the
purchase of all required hardware, software, licensing and network connectivity
specific to their Node that is necessary for such Parties to interface with, access
to, or utilization of the Consolidated CAD System. Each Party shall execute a
contract in their own name and shall be responsible for all acceptance, warranty
and other contractual issues.
c. Installation. Under the direction of the Operations Committee, Arapahoe County
shall provide project management services and coordinate the installation and
implementation of the Hub of the Consolidated CAD. Other LEA Parties shall
provide project management services and coordinate the installation and
implementation of their respective Node of the Consolidated CAD. Arapahoe
County will provide resource support to the other LEA Parties' projects to
establish the connectivity and configuration of the Consolidated CAD system.
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Arapahoe County Consolidated Law Enforcement CAD
d. Ownership of the Consolidated CAD. Arapahoe County shall own the
hardware, software and licensing that comprises the Hub of the Consolidated
CAD, and each other Party shall own the hardware, software and licensing that
comprises their individual Nodes of the Consolidated CAD.
5. Operation and Maintenance of the Consolidated CAD.
a. Arapahoe County. Under the direction of the Board, Arapahoe County shall
operate, provide system administration, and maintain the hub of the Consolidated
CAD on behalf of the Parties.
i. Arapahoe County shall use reasonable security measures, as required
within the CJIS Security Policy, to ensure the physical and electronic
security of the Consolidated CAD. Any security breach must be
immediately reported to the Operations Committee and the Board through
protocols set by the Board.
ii. Arapahoe County shall use its reasonable best efforts to ensure that the
Consolidated CAD remains functional and operational to all Parties. All
Parties recognize that maintenance of the Consolidated CAD, such as
patches and upgrades, will be necessary. The impact of such patches and
upgrades will be thoroughly evaluated, tested and communicated prior to
implementation in the production environment. Arapahoe County will
work with the Operational Committee in scheduling and obtaining
approval from the Parties for such patches and upgrades.
m. Arapahoe County will perform and maintain reasonable backups for the
Hub of the Consolidated CAD .
iv. Arapahoe County shall operate and maintain a separate offsite disaster
recovery site for the Hub of the Consolidated CAD.
b. Other LEA Parties. All LEA Parties, except Arapahoe County, shall operate,
maintain, and administer functions specific to their Node and use their best
reasonable efforts to ensure that the hardware and software under their
responsibility is operational in concert with the Consolidated CAD at all times.
i. All Parties shall use reasonable security measures, as required within the
CJIS Security Policy, to ensure the physical and electronic security of their
Node.
11. Each Party shall designate two representatives to act as primary and
secondary points of contact with Arapahoe County. The points of contact
responsibilities shall include:
1. Direct coordination and interaction with Arapahoe County support
staff;
2. Communication with general public supported by each Party;
3. Follow Arapahoe County's procedures to report an application
incident;
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Arapahoe County Consolidated Law Enforcement CAD
4. Provide initial application support and CAD administrator services
specific to the Party's Node for Party's users prior to logging an
incident with Arapahoe County;
5. Request technical support from Arapahoe County; and
6. Test the Consolidated CAD system in conjunction with Arapahoe
County, at the times and locations mutually agreed upon by the
Operations Committee, Arapahoe County and Other Parties named
herein.
c. System Support.
i. Any incident specific to an agency's node will be handled by that agency's
IT support.
ii. Any incident that is global to the Consolidated CAD system or incidents
associated with the Consolidate CAD requiring assistance from Arapahoe
County must be reported to the Arapahoe County service desk by
predetermined points of contacts for each Party named herein. The service
desk is staffed to provide support during normal business hours of 7:00
a.m. to 6:00 p.m., MT, Monday -Friday excluding holidays. After hours
support is available through the service desk for Critical and High Severity
issues 24 hours a day, 7 days a week (See attachment 8, which is attached
hereto and made a part of this agreement). All Parties may track the status
of the incident by calling Arapahoe County Service Desk and providing
the incident number.
d. Confidentiality of Data. All data provided to the Consolidated CAD System
database housed at Arapahoe County by any Party remains the property of said
Party. No Party, other than the owner of the data provided, shall be permitted to
disclose, transfer or otherwise communicate to any third party said data for any
purpose, without the express consent of the owner of the data.
e. Insurance.
1. General. Arapahoe County shall maintain sufficient insurance on the Hub
of the Consolidated CAD to repair or replace the same in the event of its
damage or destruction. Each other LEA Party shall maintain sufficient
insurance on their respective Nodes to repair or replace the same in the
event of its damage or destruction.
ii. Liability. Arapahoe County shall maintain commercial general liability
insurance on the Hub, and each other LEA Party will maintain commercial
general liability insurance on their respective Node with limits of not less
than $330,000 per person/$990,000 per occurrence, or such greater
amounts as may be set forth as the limits of liability under the Colorado
Governmental Immunity Act. Each Party shall provide proof of such
insurance to the Board in the form of a Certificate of Insurance.
f. Operation and Maintenance Costs.
1. Reimbursement by 911 Authority. The 911 Authority may, in its
discretion, reimburse Arapahoe County and other LEA Parties for
reasonable costs incurred by Arapahoe County and the other LEA Parties
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Arapahoe County Consolidated Law Enforcement CAD
for the cost of equipment, operation, administration, and maintenance of
the Consolidated CAD solely in compliance with C.R.S. § 29-11-104(2)( a)
and (2)(b)(II). To the extent the 911 Authority does not reimburse
Arapahoe County and/or the other Parties named herein for the costs
associated with their respective responsibilities as outlined in Section 4.a
and 4.b, each Party will be responsible for their respective costs and
expenses.
6. Use of the Consolidated CAD.
a. Use by Parties' PSAPs. Each Party that operates a PSAP may connect its PSAP
to the Consolidated CAD and use the Consolidated CAD as its primary CAD for
dispatching purposes. Each Party shall be responsible for all costs associated with
additional licensing and connecting to the Consolidated CAD, as provided by
attachment C; provided, however, that the 911 Authority may pay for such costs
in its own discretion.
b. Software.
1. Each Party shall grant usage rights to the other Parties for Software owned
by each Party. The Party granting such usage rights shall remain the owner
of the Software.
ii. Each Party shall grant usage right to the other Parties for Software
licensed by such Party to the extent permitted by the underlying licensed
agreement.
c. Additional Hardware or Software; Costs. Each Party is responsible for
purchasing, owning, and insuring any hardware or software specific to such Party
that is necessary for that Party's interface with, access to, or utilization of the
Consolidated CAD; provided, however, that such hardware or software must be
approved in advance by the Operations Committee with guidance from the
Technical Working Group.
7. GIS. Each Party agrees to use a common GIS as recommended by the Board and the 911
Authority.
8. Addition of Parties. Only PSAPs operated by Parties to this Agreement may connect to
and use the Consolidated CAD. Upon the approval of the Board, a governmental entity
which operates a PSAP or whose law enforcement agency is dispatched by a PSAP using
the Consolidated CAD may become a Party to this Agreement by executing a joinder to
this Agreement in a form reasonably acceptable to the Board.
9. Withdrawal of Parties. A Party may withdraw from this Agreement by giving written
notice to the Board on or before June 30 of a given year and the withdrawal will be
effective on December 31 of that year unless the notice specifies a later date . A
withdrawing Party will remain liable for all financial obligations hereunder until the
effective date of the withdrawal. Upon withdrawal, a Party shall no longer be entitled to
connect to, use, or access the Consolidated CAD .
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Arapahoe County Consolidated Law Enforcement CAD
10. Term and Termination. This Agreement shall be effective as of the Effective Date and
may be terminated by the written agreement of at least 75% of the then-current Parties .
Upon termination, no Party shall be entitled to use the Consolidated CAD, the
Consolidated CAD shall remain the property of Arapahoe County (and Arapahoe County
may use or dispose of the same in its discretion), and all other assets owned by a Party
shall remain the property of that Party. Any money held by Arapahoe County as fiscal
agent for the Board shall be used to reimburse Arapahoe County for reasonable costs
associated with terminating the Consolidated CAD project, provided such costs are
separately accounted for and documented and made available to all Parties. If any money
remains after such reimbursement, it will be distributed to the Parties who paid such
funds proportionally based on the number of certified peace officers employed by each
party.
11. No WARRANTIES, THE PARTIES MAKE NO WARRANTIES TO EACH OTHER, EITHER EXPRESS
OR IMPLIED, UNDER THIS AGREEMENT, AND THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
12. LIMITATION OF DAMAGES. IN NO EVENT WILL ANY PARTY BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING
FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF
LIABILITY (INCLUDING NEGLIGENCE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES,
13. General Terms.
a. Employee Costs. Except as otherwise provided herein, each Party shall be solely
responsible for any costs associated with its own employees' time and expenses
associated with the performance of this Agreement.
b. Further Assurances. Each Party shall execute all further documents and take all
further acts reasonably necessary or appropriate to carry out the intent of this
Agreement.
c. Amendments. Amendments to this Agreement must be in writing and signed by
all Parties.
d. Entire Agreement. This Agreement is the complete and exclusive statement of
all agreements between the Parties, and this Agreement supersedes all prior
proposals and understandings, oral and written, relating to the subject matter
hereof.
e. Assignment. No Party may assign this Agreement or delegate any obligation, in
whole or in part, to any third party without the other Parties' prior written consent.
f. Governing Law and Forum. This Agreement shall be governed by, and
construed in accordance with, the laws of the State of Colorado, without reference
to conflict oflaws principals. Venue for any civil action relating to this
Agreement shall be in state court located in Arapahoe County, Colorado.
g. JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY LAW , EACH PARTY
HEREBY WAIVES ANY RIGHT IT HAS OR MAY HA VE TO A JURY TRIAL IN ANY ACTION,
SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT .
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h. Dispute Resolution. If any claim, disagreement, issue, or dispute arising out of
or in connection with this Agreement (a "Dispute") between any of Parties cannot
be resolved by those Parties, one or more of the Parties to the Dispute shall notify
the 911 Authority of the Dispute by delivering a written statement to the 911
Authority's executive director specifying the nature of the Dispute (each Party to
the Dispute may, if desired, submit a written statement}. Each of the Parties to the
Dispute shall appoint a senior level representative. The 911 Authority's executive
director shall schedule a time for the authorized representatives to meet in person.
Beginning on the date of the meeting and ending no less than 21 days thereafter
(the "Resolution Period"), the Parties to the Dispute shall attempt in good faith to
resolve the Dispute. The 911 Authority's executive director may be the 911
Authority. s authorized representative. No p ARTY MA y INITIATE ANY COURT OR
ADMINISTRATIVE ACTION, SUIT, OR PROCEEDING AGAINST ANY OTHER PARTY
UNDER THIS AGREEMENT UNTIL THE END OF THE RESOLUTION PERIOD.
i. Liabilities of the Parties. The Parties shall have no obligation whatsoever to
assume any responsibility or liability hereunder for the acts or omissions of any
other Party.
j. Governmental Immunity. Nothing in this Agreement shall be deemed a waiver
of any Party's privileges, limitations and immunities pursuant to the Colorado
Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as same may be
amended.
k. No Third Party Beneficiaries. This Agreement is made solely for the benefit of
the Parties and their respective successors and permitted assigns. Nothing in this
Agreement confers any rights or remedies on any persons other than the Parties
and their respective successors and permitted assigns.
I. Severability. If any term or condition of this Agreement is held to be invalid or
unenforceable, then the term or condition may be modified or amended by the
court to render it enforceable to the maximum extent permitted. If modification
or amendment is not practicable, then the term or condition shall be severed from
this Agreement with no effect upon the remaining terms and conditions of this
Agreement.
m. Force Majeure. No Party shall be liable for any delay in or failure of
performance of any obligation, nor shall any delay or failure constitute default or
give rise to any liability, if and only to the extent that such delay or failure is
caused by a "force majeure" event. "Force majeure" means acts of God, acts of
the public enemy, unusually severe weather, fires, floods, epidemics, quarantines,
strikes, labor disputes and freight embargoes, or other causes that are not within
such Party's control, to the extent such events were not the result of, or were not
aggravated by, the acts or omissions of the non-performing or delayed Party .
n. Waiver. No covenant or term of this Agreement shall be deemed to be waived by
any Party except in a writing signed by a person authorized by such Party, and
any waiver of a right shall not be construed to be a waiver of any other right or to
be a continuing waiver.
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o. Non-Appropriation. Pursuant to Colorado Constitution Article X Section 20 and
C.R.S. § 29-1-110, as amended, the financial obligations of the Parties beyond the
current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available by the Parties legislative body.
p. Headings. Descriptive headings in this Agreement are for convenience only and
shall not control or affect the meaning or construction of any provisions of this
Agreement.
q. Counterparts. This Agreement may be executed and delivered in counterparts
(including by means of electronic signatures), all of which taken together will
constitute one and the same agreement.
r. Notices. Notices to be provided under this Agreement shall be given in writing
either by hand delivery, or deposited in the United States Mail, with sufficient
postage, to the following addresses:
Arapahoe County
13101 E Broncos Parkway
Centennial, CO 80112
Englewood Police
3615 S. Elati St.
Englewood, CO 80110
Greenwood Village Police
6060 S. Quebec St.
Greenwood Village, CO 80111
Sheridan Police
4101 S. Federal Blvd.
Sheridan, CO 80110
11
Cherry Hills Village Police
2450 E. Quincy Ave.
Cherry Hills Village, CO 80113
Glendale Police
950 S. Birch St. #A
Glendale, CO 80246
Littleton Police
2255 W. Berry Ave.
Littleton, CO 80120
Arapahoe County Consolidated Law Enforcement CAD
[ signature page follows]
12
rapahoe County Consolidated Law Enforcement CAD
[ signature page]
IN WITNESS WHEREOF, the Parties are executing this Agreement to signify their acceptance of all
the tenns and conditions stated above, to be effective as of the Effective Date, regardless of the
date of actual signature.
ARAPAHOE COUNTY
By:
··········································································
Name:
Title:
Date:
··········································································
CITY OF CHERRY HILLS VILLAGE
By:
··········································································
Name:
Title:
Date:
······································· ................................... .
CITY OF GLENDALE
By:
··············································· ... · ........... , ........... .
Name:
Title:
Date:
1 ♦♦1 1 II I ♦•• 11 ♦111 ♦ I ♦♦I 111111111 ♦1 I I l ♦I ••II•••••••••••··.·••••• 1 • •• •• 111•• •
CITY OF LITTLETON
By:
.. ··· · ··· ................................................................ .
Name:
Title:
Date:
·········································· .. ·············· .................. .
ARAPAHOE COUNTY E-911
COMMUNICATIONS SERVICE AUTHORITY
By:
···········•······························································
Name:
Title:
Date:
...........................................................................
By:
Name:
Title:
Date:
·····················•····· ....... ·····································
CITY OF GREENWOOD VILLAGE
By:
··········································································
Name:
Title:
Date: ...........................................................................
CITY OF SHERIDAN
By:
. ........................................................................ ..
Name:
Title:
Date:
• •••••••••••••••••••••• t .................................................. .
13
Attachment A
Inform CAD Licensing
The following is each agency's current licensed and requested licensing for the Common CAO system.
The "Currently licensed Column" indicates whether the licensing has already been purchased ("Yes" =
licensing has been purchased, "No"= licensing still needs to be purchased). Allocated Licensing amount
for each agency is subject to change based on availability of unused licensing and the purchase of
additional licenses.
Ucense Currently
A11tenl'V Descrlntlon T_yp_e Amount Licensed
All Agencies CAO Server (Number of CAD positions that Server Band C (21-40 CAD Yes
are licensed to connect to CAD Server). Positions)
All Agencies CAD Server (Number of CAD positions that Server Band D (41-100 CAD No
are licensed to connect to CAD Server). Positions)
All Agencies CAO Browser Server Band B (1-40 Yes
Concurrent Users)
All Agencies CAO Browser Server Band C (101-250 No
Concurrent Users)
Arapahoe Sheriff CAO Position Client 26 Positions Yes
Greenwood CAO Position Client 7 Positions No
Village PD
Englewood PD CAD Position Client 6 Positions No
Littleton PD CAD Position Client 6 Positions No
Glendale PD CAD Position Client 4 Positions No
Inform Mobile Licensing
The following is each agency's current licensed and requested licensing for Inform Mobile. The
"Currently licensed Column" indicates whether the licensing has already been purchased ("Yes" =
licensing has been purchased, "No" = licensing still needs to be purchased). Allocated Licensing amount
for each agency is subject to change based on availability of unused licensing and the purchase of
additional licenses.
license Currently
A ,irent:V D I I 11~01:cr1ot1on T A voe mount LI d cense
All Agencies Mobile Server (Number of Mobile Clients Server Band C (101-250 Yes
that are licensed to connect to the Mobile Clients)
Server
All Agencies Mobile Server (Number of Mobile Clients Server Band D (251 • 500 No
that are licensed to connect to the Mobile Clients)
Server
Arapahoe Sheriff Mobile Client Client 160 Clients Yes
Greenwood MoblleCllent Client 41 Clients No
Vlllage PD
Englewood PD Mobile Client Client 18 Clients No
Littleton PD Mobile Cllent Cllent 50 Clients No
Glendale PD Mobile Client Client 10 Clients No
Sheridan PD Mobile Client Client 22 Clients No
Columbine Moblle Client Client No
Valley PO
Cherry HIils PD Mobile Client Client 10 Clients No
Incident Priority Classification
Pl -Priority Level 1
P2 -Priority Level 2
P3 -Priority Level 3
P4 -Priority Level 4
PS -Priority Level 5
Attachment B
Critical -a major loss of a mission critical system or
service; or loss of access to a customer group which
perfonns work which is critical to business; a full
service or major system outage; use of all available
resources until resolved, on-call procedures activated
and vendor support invoked. Impacts recognized are in
the loss of major assets, resources, or sensitive data;
may cause signification financial loss; may impede the
or2anization's mission, reputation or interest.
High; high impact -an incident affecting an individual;
or an incident with a loss of service to multiple
! customers on critical business function; completely
impacts the user's ability to do work or an issue that
impacts a VIP {includes Dept. Directors; Elected
Officials; Undersheriff; Chiefs]; IT support resources
respond, assess the situation and may interrupt other
staff working on low or medium priority jobs for
assistance.
Medium; marginal impact -an incident with limited
impact and which is not critical to business, partially
impacts the user's ability to do work or one for which a
workaround exists; respond using standard procedures
1 and operating within nonnal supervisory management
structures; may cause minor damage, financial loss and
result in negative publicity for the organization; minor
system outaee; minor delav.
Low; negligible impact -an incident with
inconsequential impact and which is noncritical to
business; may only affect 1 customer; has no impact on
the user's ability to do work; response using standard
ooeratine. orocedures and as time permits.
Planned or Scheduled Request-a scheduled request
for moves, adds, deletes / retire, change. This is tied to
the Request Fulfillment process and RFC Standard (pre-
aooroved chan1tes ); or an informational reQ,uest
Attachment C
Responsibility
911 Authority Arapahoe Englewood Glendale Greenwood Littleton
Village
Network X
Interface to Network X X X X X
Hub X
Node X X X X
CAD Licensing -Position X X X X
CAD Licensing -Server (21-40) X
CAD Browser Licensing-Server (1-X
40)
Mobile Licensing -Server (101-X
250)
Mobile Licensing -Position X X X X
Interfaces specific to Agency X X X X X
MDT-Initial Purchase X X X X X