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HomeMy WebLinkAbout911078.tiff NONDISCLOSURE AGREEMENT FOR WELD COUNTY AUTOMATED MUGSHOT SYSTEM THIS AGREEMENT, made this day of �Q� ' 1991, by and between the CITY OF GREELEY, COLORADO, with its p incipal place of business at 1000 10 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Greeley," and the COUNTY OF WELD, STATE OF COLORADO, a county government with its principal place of business being the Centennial Center, 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Weld County", is subject to the following agreed statement of facts: A. This Agreement shall be effective immediately and shall continue through December 31, 1991, and to be renewed automatically on a year to year basis, except as provided in paragraph 4 hereof. B. Greeley has Contracted for software comprising the Weld County Automated Mugshot system and related data files. C. Weld County agrees to make available the requested application software and updates to the related data files. D. Greeley agrees that use of Weld County supplied programs and data will be for Greeley use only. NOW THEREFORE, in consideration of the forgoing recitals and provisions, terms, and conditions set forth below, the parties agree as follows: 1. Acquisition of Data. a. Weld County agrees to provide the Weld County developed application software for the Weld County Automated Mugshot system to the City of Greeley Police Department at no cost. These modules are itemized in Attachment A. b. Weld County agrees to provide periodic updates to the data files related to the Weld County Automated Mugshot system to the City of Greeley Police Department at no cost. 2. Method of Delivery. a. Weld County agrees to provide to Greeley the application software and related data files via magnetic cartridge tape. b. Greeley agrees that all hardware and software used by them to run the Automated Mugshot system and to access the related data files will be compatible with Weld County's computer environment. Weld County does not, however, guarantee that future upgrades to the existing Weld County computer system will remain compatible with Greeley hardware or software. Greeley agrees to provide, install and maintain necessary hardware to store and operate provided software and updates. Greeley will pay all costs associated with installation and maintenance and repair of necessary hardware to participate in the Weld County system. c. Weld County will provide Greeley with one copy of the necessary reference manuals. 3. Representations. a. Weld County represents that it will use its best efforts to provide accurate data to Greeley pursuant to the terms of this Agreement. Weld County does not, however, guarantee the accuracy of the data provided. b. Greeley acknowledges that the Automated Mugshot system software is proprietary and confidential information of Weld County and that the protection of this information is of the highest importance. c. Greeley will not lend, sell, give, lease, or otherwise disclose the Weld County developed Automated Mugshot system software or data files without the written approval of Weld County, unless required to disclose pursuant to the provisions of the Colorado Open Records Act, Sections 24-10-101, et. seq. , C.R.S. , or by Court order. d. Greeley agrees that the Automated Mugshot system software and data files and all copies and versions made by Greeley are and shall remain the sole property of Weld County. e. The obligations set forth in this Paragraph 3 shall survive the termination of the Agreement. f. Greeley represents that it will not, under any circumstances, resell or republish the raw data provided by Weld County to any third party. The data obtained from Weld County shall be for the sole use of the Greeley Police Department. g. Greeley represents that it will follow all federal and state statutes, rules, and regulations for the dissemination and disposal of confidential or limited access type information. 4. Miscellaneous. a. This Agreement shall be binding and inure to the benefit of Weld County and Greeley. b. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. c. Greeley may not assign or transfer this Agreement, any interest therein, or claim thereunder without the prior written approval of Weld County. d. Weld County or Greeley may terminate this Agreement at any time by giving the other party a ten-day written notice of termination and may terminate this Agreement at any time without notice upon a material breach of the terms of this Agreement by the other party. e. Upon termination of this agreement, Greeley will return to Weld County all copies of software provided by Weld County including backups and updates. Greeley will also provide to Weld County written certification of discontinuance of use of all versions of the software. £. The relative liabilities of Greeley and Weld County for any action brought as a result of an injury to a person or property shall be determined in accordance with C.R.S. , Section 13-21-111.5 (1987 Repl. Vol.) . Greeley and Weld County shall provide necessary workmen's compensation insurance at their own cost for their own employees. g. No portion of this Contract shall be construed to confer a benefit or the right of a cause of action lying in tort, contract, or otherwise upon any person or entity not a part to this Contract. Furthermore, no portion of this Contract shall be deemed to constitute a waiver of any governmental or personal immunities held by the parties or their officer, agents, or employees. h. All notices required to be given under the terms of this Agreement shall be effective upon the dispatch of a copy of the notice, first class mail, postage prepaid, certified or registered mail, return receipt requested. Notice to Greeley shall be given to the Mayor of the City of Greeley, 1000 10 Tenth Street, Greeley, Colorado 80631. All notices to Weld County shall be sent to Board of County Commissioners of the County of Weld, P. 0. Box 758, Greeley, Colorado 80632, with a courtesy copy to the Director of Information Services, P. O. Box 758, Greeley, Colorado 80632. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives. ATTESTMuth BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board BY: • G . L airman By: t,„c Deputy Clerk to the Bo rd ATTEST: �ITYp�SOF EE Y COLORADO By: "�. " '� City Clerk Mayor AP OVED AS TO.,S BSTANCE: aug kageitt City Manager APP OVED AS TO LEGAL FORM: 1. % City Attorney ATTACHMENT A WELD COUNTY SHERIFF'S OFFICE AUTOMATED MUGSHOT SYSTEM PROGRAMS AND FILES MUGTAPES DBF - Backup tape sequence file WCJ395A DBF - Intermediate attribute download file WCJ395B DBF - Intermediate "Name change" download file WCJ501 DBF - Master attribute file WCJ502 DBF - Daily attribute download file WCJ503 DBF - Daily "Name change" download file WCJ504 DBF - No-image file WCJ505 DBF - Master scan file WCJ506 DBF - Subscan file #1 WCJ507 DBF - Subscan file 412 WCJ508 DBF - Subscan file #3 WCJ509 DBF - Subscan file 414 WCJ510 DBF - Subscan file #5 WCJ511 DBF - Lineup file WCJ514 DBF - Attribute summary file WCJ515 DBF - Next PID # files WCJWORKI DBF - Work file 41 for scan process WCJWORK2 DBF - Work file 412 for scan process DUMMYDBP DBP - Temporary image file WCJ501 DBP - Master image file WCJ502X NDX - Index for WCJ502.DBF (PID+update_flag) WCJ503X NDX - Index for WCJ503.DBF (delete_PID) WCJ504X NDX - Index for WCJ504.DBF (PID 4t) WCJNAMEO NDX - Index for WCJ510.DBF (lname+fname+invdate) WCJNAMEI NDX - Index for WCJ501.DBF (lname+fname+mname+invdate+invtime) WCJNAME5 NDX - Index for WCJ505.DBF (lname+fname+invdate) WCJNAME6 NDX - Index for WCJ506.DBF (lname+fname+invdate) WCJNAME7 NDX - Index for WCJ507.DBF (lname+fname+invdate) WCJNAMEB NDX - Index for WCJ508.DBF (lname+fname+invdate) WCJNAME9 NDX - Index for WCJ509.DBF (lname+fname+invdate) WCJPID NDX - Index for WCJ501.DBF (PID#+invdate+invtime) WCJ501 PPF - Picture form--image capture routine WCJ512 PPF - Picture form--6 up image form WCJ513 PPF - Picture form--1 up image with attributes form WCJ516 PPF - Picture from--6 up image form for lineup file MUGTAPES PRG - Backup tape sequence program WCJ600P PRG - Master Mugshot Menu WCJ601P PRG - Remote workstation menu WCJ602P PRG - [PROCEDURE FILE]--Image capture routine WCJ603P PRG - Re-initialize (clear) analog monitor WCJ604P PRG - Error routine for image I/Os WCJ605P PRG - Driver for image capture routine WCJ610P PRG - Driver for PID 41 update routine WCJ615P PRG - Record retrieval menu WCJ620P PRG - Lineup menu WCJ621P PRG - [PROCEDURE FILE]--Driver for PID# browse w or w/o images WCJ628P PRG - Cursor select desired image from browse WCJ632P PRG - Select file for attribute scan WCJ633P PRG - Attribute summary screen mugfiles.bbk 1 of 2 April 17, 1991 WELD COUNTY SHERIFF'S OFFICE AUTOMATED MUGSHOT SYSTEM PROGRAMS AND FILES WCJ634P PRG - [PROCEDURE FILE]--Driver for entering scan criteria WCJ642P PRG - [PROCEDURE FILE]--Entering additional scan criteria WCJ645P PRG - Cursor select value for an attribute WCJ648P PRG - [PROCEDURE FILE]--Additional scan criteria routines WCJ653P PRG - [PROCEDURE FILE]--Additional scan criteria routines WCJ656P PRG - Notifies user that scan file will be appended to WCJ660P PRG - Actual attribute scan code WCJ670P PRG - Select scan file to browse WCJ671P PRG - [PROCEDURE FILE]--Driver for scan file browse w or w/o images WCJ675P PRG - Cursor select record from scan file browse WCJ678P PRG - [PROCEDURE FILE]--Copy selected record to a scan file WCJ679P PRG - Copy selected record to the lineup file WCJ680P PRG - Loads lineup info. to DOS monitor WCJ681P PRG - Reads lineup info. off the DBF file to display on DOS monitor WCJ682P PRG - Displays lineup images on Analog monitor WCJ683P PRG - Cursor select record to delete from line WCJ684P PRG - Print lineup info. to Epson type printer WCJ685P PRG - Loads full descriptions of attribute codes WCJ699P PRG - Dbase error handling routine WCJ700P PRG - System maintenance menu WCJ701P PRG - [PROCEDURE FILE]--Loads downloaded attributes to master file mugfiles.bbk 2 of 2 April 17, 1991 Hello