HomeMy WebLinkAbout20052703.tiff INTERGOVERNMENTAL AGREEMENT FOR CRIMINAL
JUSTICE RECORDS MANAGEMENT SERVICES AND
USE OF COMMUNICATIONS RECORDS AND CRIMINAL
JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT made this 5 day of fur us+ , 2005 , by and
between the CITY OF GREELEY, COLORADO (hereinafter referred to as "City"), WELD
COUNTY, COLORADO (hereinafter referred to as "County") and the CITY OF
PLATTEVILLE, COLORADO, POLICE DEPARTMENT (hereinafter referred to as "User")
for access and use of criminal justice information system.
WITNESSETH:
WHEREAS, an Intergovernmental Agreement for the operation and maintenance of
communications, records, warrants, and/or criminal justice information system has been entered
into on the fth day of 4ckc,LJc4- , 200 S , as subsequently amended; and
WHEREAS, User desires criminal justice records management services and access to the
criminal justice records information system operated by the City and County; and
WHEREAS, User has reviewed and agrees to the terms and conditions of use of such
information, as determined in the Intergovernmental Agreement between the City and County;
and
WHEREAS, User provides governmental functions for use of criminal justice records
and information; and
WHEREAS, the City and County are authorized to enter into this agreement by virtue of
§ 29-1-203, C.R.S., art. 2, § 2-3, Weld County Home Rule Charter; and the City of Greeley
Charter, § 3-7.
NOW THEREFORE, in consideration of the following mutual promises and covenants,
the parties agree as follows:
1. The Greeley/Weld Criminal Justice Information System shall provide criminal justice
records management services for user upon the terms and conditions of the criminal justice
records management services agreement attached hereto as Exhibit "A" and incorporated herein
by reference.
2. User is allowed access to the City/County criminal justice information system
pursuant to the terms and conditions of the Intergovernmental Agreement entered into between
the City and County as modified by directions and discretion of the City and County.
3. User and its employees are hereby required to maintain the integrity and
confidentiality of the criminal justice information system and, as such, are required to execute
the Greeley/Weld County Public Safety System Confidentiality of Information Agreement
p, attached hereto
as Exhibit "B"
and incorporated by reference. Additionally, the User specificallym11N- ,
k"p1 "" 2005-2703
9 ! Z erg, c,tn-‘
agrees that paragraph 13 of the City/County Intergovernmental Agreement, as amended, binds
the User to confidentiality pursuant to the Colorado Open Records Act and penalties for violation
thereof.
4. The User shall indemnify and save harmless and defend the 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 any intentional
and/or negligent act or omission of the User, its agents, servants, or employees in the
performance and use of information obtained pursuant to this agreement.
The user also agrees to indemnify and defend the City and County, their agents, servants
and employees from and against all tort liability arising out of any claim, demand, or cause of
action of whatsoever kind or nature, and arising out of any conduct or misconduct of the User not
included in the paragraph above for which the City and County, their agents, servants or
employees, are alleged to be liable for providing criminal justice records management services
for User.
5. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities which the City or the 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 persons not a party to this Agreement.
6. No portion of this Agreement shall be deemed to create an obligation on the part of
the City or County to expend funds not otherwise appropriated in each succeeding year.
7. It is specifically understood and agreed that User is not a party to the City/County
Intergovernmental Agreement and accrues no rights or benefits to any of the terms, covenants, or
conditions of said agreement, either as a party or a third-party beneficiary, and User hereby
agrees that the terms or conditions of the City/County Intergovernmental Agreement do not in
any manner provide privity or standing to the User to enforce any of the terms and conditions of
the Intergovernmental Agreement between the City or County.
8. This agreement is for an indefinite term and subject to revocation without notice to the
User in the sole discretion of the City, the County, or both.
DATED this nn, day of 55PQ4Q+rtr , 200 5 .
THE CITY OF G L , COLORADO, WELD COUNTY, COLORADO,
A municipal torpor i nib and a body corporate and politic by and
Through the City oil through the Board of County Commissioners
By: By: `t--%
Mayor Chair
F :aal.ea
e ATT i
E * O
In sE
°t Cler Cl oazd dok
tc, I) AS TO LEGAL FORM: APPROVED TO AL ORM:
(\IA , 1N\
Se)By: By:
City Attorney oun ttorney
APPROVED AS TO SUB .TANCE: APPRO AS TO S S A
B. : By
:
C. y� .r W r�t unty Finance irector
AS TO AVAILABILITY OF FUNDS:
B 294-4/
Direct r Finance
USER:
Exhibit A
CRIMINAL JUSTICE RECORDS
MANAGEMENT SERVICES AGREEMENT
THIS AGREEMENT is made this 5 day of Qugw-4 , 200 5 , by and
between GREELEY/WELD CRIMINAL JUSTICE INFORMATION SYSTEM (hereinafter
referred to as "CJIS") and the CITY OF PLATTEVILLE, COLORADO, POLICE
DEPARTMENT (hereinafter referred to as "User"), for criminal justice records management
services for User.
Services. CJIS shall provide criminal justice record management services to User in
accordance with the policies and procedures of the Greeley/Weld Criminal Justice Information
System pursuant to the terms and conditions of the Intergovernmental Agreement for criminal
justice records management services and use of communications records and criminal justice
information system upon the following terms and conditions:
A. CJIS hereby shall provide management services Platteville City Municipal Court
warrants during the term of this Agreement. "Management Services" is defined as warrant entry,
cancellation, validations, extradition verifications, expiration notification, and FAX cancellation.
Original warrant documents will be on file at the Greeley/Weld CJIS offices located at 1950 "O"
Street, Greeley, Colorado.
B. User shall pay to CJIS the amount of$8.28 for each Platteville City Municipal Court
warrant submitted to CJIS for management services. The User will be billed quarterly for these
services in conjunction with the CJIS warrant validation process.
C. CJIS may increase the amount of compensation paid by the User to CJIS after twelve
calendar months from the agreement date in an effort to cover actual costs for management of the
criminal justice records contracted for.
D. All of the terms and conditions of the Intergovernmental Agreement for Criminal
Justice Records Management service and Use of Criminal Justice Information Systems are
incorporated herein and are in full force and effect and User is expressly bound to the terms and
conditions of said agreement.
DATED the year and day first above written.
GREELEY/WELD CRIMINAL JUSTICE -
INFORMATION SYSTEMS USER:
By: //ad, ' B 67 r- -
6/1 Services Divisd3ommander
Hello