HomeMy WebLinkAbout20121095.tiff 2012 INTERGOVERNMENTAL AGREEMENT FOR USE OF
CRIMINAL JUSTICE RECORDS INFORMATION SYSTEMS
THIS AGREEMENT made this jday of April ,2012,by and between the CITY OF
GREELEY, COLORADO,a municipal corporation of the State of Colorado,whose address is
1000 10`h Street, Greeley, Colorado 80631 ("City"), and the COUNTY OF WELD,
COLORADO,a political subdivision of the State of Colorado,whose address is P.O.Box 758,915
10th Street, Greeley, Colorado 80632 ("County"), and the TOWN OF KERSEY, a municipal
corporation of the State of Colorado,with address of 332 Third Street,P.O. Box 657, Kersey,
CO 80644("User"),for access and use of criminal justice information system.
WITNESSETH:
WHEREAS,the parties hereto entered into an agreement dated July 7,2010,entitled,
"Intergovernmental IGA for the Provision of Public Safety Information System in Weld County,
Colorado"("Original IGA"),and
WHEREAS,User desires access and use the criminal justice records information system
("Records System")which is the subject of the Original IGA and which is operated by City and
County,and
WHEREAS, User agrees to Comply with the terms and conditions of such use, as
determined by City and County,and
WHEREAS, City and County are authorized to enter into this agreement by virtue of
Section 29-1-203, C.R.S.; Art. 2, Sec. 2-3, Weld County Home Rule Charter; and the City of
Greeley Charter,Sec.3-7.
NOW THEREFORE,in consideration of the following mutual promises and covenants,
the parties agree as follows:
1. User is allowed access to the Records System pursuant to the terms and conditions
of such use,as determined by City and County. User shall pay annually on or before January 1
of each year a base cost amount for that year. The base cost shall be calculated by averaging the
four (4) prior year's base ARS and multiplied by the overall allocated budget. User shall be
informed of each year's base cost anticipated amount by July 30th of previous year. User shall
notify City and County of its agreement to pay said base cost by October 15 the previous year.
County staff shall invoice User no later than January 1"with expected payment due by Feb 15`h.
2. User and its employees are hereby required to maintain the integrity and
confidentiality of the Records System, and as such, are each required to execute the
Greeley/Weld County Public Safety Confidentiality of Information Agreement,a copy of which
is attached hereto as Exhibit"A"and incorporated herein.
3. User shall indemnify, save harmless and defend City and County, their agents,
servants,and employees from and against any and all claims,liability, losses,and/or causes of
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action, including the reasonable cost of defense which is caused by an intentional and/or
negligent act or omission of User, its agents, servants, or employees in the performance and use
of information obtained pursuant to this Agreement.
4. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities which City or County or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care on the part of either part to
any person not a party to this Agreement.
5. No portion of this Agreement shall be deemed to create no obligation on the part of
City or County to expend funds not otherwise appropriated in each succeeding year.
6. It is specifically understood and agreed that User is not a party to the Original IGA
and accrues no rights or benefits to any of the terms, covenants, or conditions of said agreement,
either as party to a third-party beneficiary, and User hereby agrees that the terms or conditions of
the Original IGA do not in any manner provide privity or standing to the User to enforcement of
any of the terms and conditions of the Original IGA.
7. This Agreement is for the period of one (1) year from the date of signature, below,
and shall renew itself automatically for successive one (1) year periods unless sooner terminated
by either party by giving the other parties at least thirty (30) days notice at the addresses listed
above of such termination.
14)
DATED this I U day of l/1 , 2012.
ATTEST: 75ieas--• �1 THE COUNTY OF WELD, COLORADO
Weld County Clerk to the Board ♦ a body corporate and politic,
o Las by and through the Board
ap of County Commissioners
412
lAA€i
Deputy Cler o the Board� ®U � Sean P. Conway, Chairman 5 2012
ATTEST: TOWN OF KERSEY, a municipal
corporation of the State of Colorado
By: UPLLX ° B:-2)41h' IAA./
Julie iper, Town ClerkSEAL Gilbcrt Merin-, Mayor
tcLo deseiterhuws,
2 o,,o/a-io95
THE CITY OF GREELEY,COLORADO,
a municipal corporation of the State of Colorado
By: o ®eat144 ,.
om Norton,Mayor s.� �C ...
ATTEST: or `�oAV R ��4, 4.
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By: dm/ • eal A�
City C4-f< �0�4\ ®
11g <B.ao+ 04(tif
APPROVED AS TO LE n AL Fb'
By: �.JA City Att y
APPROVED A TO SUBSTANCE:
By:
ager
AVA LABILITY OF FUNDS:
By:f� w �
Directo inance
3
City of
II reeley June 13, 2012
Tonya Disney
Weld County Commissioners
1150 O Street
P.O. Box 758
Greeley, CO 80632
Re: 2012 Intergovernmental Agreement for Use of
Criminal Justice Records Information Systems
Dear Ms. Disney:
Please find enclosed for your file, an original copy of the 2012 Intergovernmental
Agreement for Use of Criminal Justice Records Information Systems which has been executed
by the officials of the City of Greeley.
If you have any questions, please feel free to contact us.
Respectfully,
OFFICE OF CITY ATTORNEY
Sandra L. Holm
Paralegal to
Stacey L. Aurzada, Senior Assistant City Attorney
/slh
Enclosure
City Attorney's Office • 1100 10th Street,Suite 401,Greeley,CO 80631 • (970) 350-9757 Fax(970) 350-9763
We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service.
M1n9 aS 4pr
Town of Kersey 4,0:00.4:06,9
rue
D oe� KERSEYI
APR 23 332 Third Street
2012 P.O. Box 657
Kersey, CO 80644
April 19, 2012 phone: (970) 353-1681
fax: (970) 353-2197
Bruce T Barker
Weld County Attorney
PO Box 758
Greeley, CO 80632-0758
Re: 2012 IGA for Use of Criminal Justice Records
Dear Mr. Barker:
At last night's board meeting, the IGA was approved and I have enclosed all three copies
for the signatures. One change was made in that Bob Kellerhuis was elected mayor on
April 3rd and he has signed instead of Gilbert Marin.
Let me know if you need anything further.
Sincerely,
Jul' Piper
Town Clerk/Treasurer
;4bC/9—/D `"
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