HomeMy WebLinkAbout20111809.tiff INTERGOVERNMENTAL AGREEMENT FOR USE OF
CRIMINAL JUSTICE RECORDS INFORMATION SYSTEMS
THIS AGREEMENT made this_day of , 2011, 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
10°r' Street, Greeley, Colorado 80632 ("County"), and the TOWN OF AULT, a municipal
corporation of the State of Colorado, with address of 201 First Street, P.O. Box 1098, Ault, CO
80610 ("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, and User shall pay annually on or before January
1 of each year a base cost amount that covers that upcoming year. The base cost will be
calculated by taking into consideration the previous year's base ARS and base Citations for User.
User shall be informed of the upcoming year's base cost amount by October 15`h of each year.
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
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
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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.
DATED this 25th da of July , 2011.
ATTEST: La THE COUNTY OF WELD, COLORADO
Weld County Clerk to the B.3'N ® a body corporate and politic,
e '• by and through the Board
v,
itsi ;iQ•� of County Commissioners
By:
o2
Deputy Cler o the Board Sean P. Conway Chair Pro-Tem
JUL 252011
ATTEST: TOWN OF AULT, a municipal
corporation of the State of Colorado
�_ ;
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r /L B � � � By: A�f,G-! �f r�C�
w ��
Sha ra n Siulff sown I'le d Bens*, Mayor
, sent tJ►t#.c.,
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THE CITY OF GREELEY, COLORADO,
a municipal corporation of the State of lorado
By:
om Norton, Mayor flY 4R
ATTEST: *:,•'
w i
By: '�l. "'tta)
City Clerk '
APPROVED AS TO LEGAL FORM
Is
By: 7 c7 rr
City/Attorney
APPROVED AS T \SUBSTANCE:
By:
Ci
AVAILABILITY OF FUNDS:
ND
By: //-
Director o ance
3
Exhibit "A"
GREELEY/WELD COUNTY PUBLIC SAFETY
CONFIDENTIALITY OF INFORMATION AGREEMENT
I, , (hereinafter referred to as "employee") have been
informed by (hereinafter referred to as "User") that during my
employment/assignment with the Greeley Police Department, I may have access to confidential
law enforcement information, including but not limited to, information concerning arrests,
criminal investigations and details from official police reports. I understand that unauthorized
dissemination of any confidential information to anyone by me may result in employment
disciplinary action up to and including termination, civil liability and/or criminal action
against me. I understand my responsibility and possible adverse consequences for unauthorized
dissemination of information and, specifically agree to keep obtained information confidential to
the best of my ability.
To the extent authorized by law, User shall indemnify and hold harmless the City and
County from any liability or damages City and/or County may suffer as a result of claims,
demands, costs, or judgments instituted against City and/or County arising out of User's, its
agents' or employees' negligent acts or use of the confidential records, or arising from any
accident, injury or damage, however caused, including the acts and omissions of third parties, to
any person or persons, or to the property of any person, or corporation occurring during the term
of this agreement in relation to the aforementioned confidential records.
Nothing in this Agreement shall be construed as a waiver of the notice requirements,
defenses, immunities, and limitations the parties may have under the Colorado Governmental
Immunity Act (C.R.S. § 24-10-101, et seq.) or to any other defenses, immunities, or limitations
of liability available to any party by law.
Signed: D.O.B.
Written name:
Date:
Witness: Date:
Signed:
on behalf of
written name of city or town
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