HomeMy WebLinkAbout920716.tiff RESOLUTION
RE: APPROVE AMENDMENT TO NONDISCLOSURE AGREEMENT FOR WELD COUNTY AUTOMATED MUG
SHOT SYSTEM WITH CITY OF GREELEY AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, on September 9, 1991, the Board approved a Nondisclosure Agreement
for the Weld County Automated Mug Shot System between the City of Greeley and the
County of Weld, State of Colorado, and
WHEREAS, the Board has been presented with an Amendment to said
Nondisclosure Agreement for the Weld County Automated Mug Shot System between the
City of Greeley and Weld County, Colorado, with the terms and conditions being
as stated in said amendment, and
WHEREAS, on July 29, 1992, the Board deemed it advisable to continue said
amendment to August 3, 1992, at 9:00 a.m, and
WHEREAS, on August 3, 1992, the Board deemed it advisable to approve said
amendment, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment to the Nondisclosure Agreement for the Weld
County Automated Mug Shot System between the City of Greeley and Weld County,
Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 29th day of July, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County r d EXCUSED DATE OF SIGNING (AYE)
Geeoo ge Kennedy, Chairman
BY: G
Deputy Clerk to the Board Constance L. Harbert, Pro-Tem
APPROVED AS 0 FORM:
C. W. Kirby
County Attorney Gordo acystOV
JJ
W. H. Webster
� e . Sc eorn .6 R S RJ(D2 ):92226( 1313) iciTy
AMENDMENT TO NONDISCLOSURE AGREEMENT
FOR WELD COUNTY AUTOMATED MUG SHOT SYSTEM
THIS AMENDM NT TO NONDISCLOSURE AGREEMENT is made this ,A1 —
day of , 1992, by and between the CITY OF
GREELEY, COLORA , Ly and through its City Council, with its
principle place of business at 1000 10th Street, Greeley, Colorado
80631, hereinafter referred to as "Greeley" and the COUNTY OF WELD,
STATE OF COLORADO, by and through the Board of County Commissioners
of Weld County, with its principle place of business being the
Centennial Center, 915 10th Street, Greeley, Colorado 80631,
hereinafter referred to as "Weld County. "
WITNESSETH:
WHEREAS, the parties hereto entered into a Nondisclosure
Agreement for Weld County Automated Mug Shot System on September 9 ,
1991, a copy of which is attached hereto, and
WHEREAS, the parties now see the need for certain changes to
said Nondisclosure Agreement, and
WHEREAS, those changes are incorporated in the amended
paragraphs set forth below.
NOW, THEREFORE, in consideration of the promises and mutual
covenants set forth in the original Nondisclosure Agreement as may
be modified below, the parties hereto agree to amend said
Nondisclosure Agreement as follows :
1 . Delete all of Subparagraph b. , of Paragraph 2 . (entitled
"Method of Delivery" ) , of said Nondisclosure Agreement,
and add the following:
b. Greeley agrees that all hardware and software used
by them to run the Automated Mug Shot System and to
access the related data files will be compatible
with Weld County' s computer environment. Weld
Page 1 of 3 Pages
920716 . ,
920694 ,
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,
maintain, the necessary hardware to store and
operate provided software and updates . Greeley
will pay all costs associated with the
installation, maintenance, and repair of necessary
hardware, except for the photo printer, in order to
participate in the Weld County system. For the
photo printer, Weld County and Greeley will share
equally in the acquisition costs, and Greeley will
pay any and all other costs associated with the
photo printer, including, but not limited to,
installation, maintenance, and repair.
2 . Add the following Subparagraph h. , to Paragraph 3 .
(entitled "Representations" ) , of said Nondisclosure
Agreement :
h. Greeley agrees that it will make the photo printer
at its location available for Weld County' s
disaster back-up use as consideration for Weld
County' s financial interest in the photo printer.
3 . Delete Subparagraph e. , of paragraph 4 . (entitled
"Miscellaneous" ) , of said Nondisclosure Agreement, and
add the following:
e . Upon the termination of this Agreement, Greeley
will return to Weld County all copies of software
provided by Weld County, including back-ups and
updates . Greeley will also provide to Weld County
written certification of discontinuance of use of
all versions of the software. Greeley will then
buy out any remaining Weld County financial
interest in the photo printer based on a five-year
straight line depreciation rate.
Page 2 of 3 Pages
920716.
ti
4 . All other terms and provisions as set forth in the
original Nondisclosure Agreement for Weld County
Automated Mug Shot System shall remain the same .
IN WITNESS WHEREOF the parties hereto have caused this
Amendment to Nondisclosure Agreement for Weld County Automated Mug
Shot System to be executed by their duly authorized officers or
representatives on the date set forth above.
//"Ad��W ,f' COUNTY OF WELD, STATE OF
ATTEST: � � yn COLORADO, by and through the
Board of County Commissioners of
Clerk to the Board Weld County
By: \\� 4 e b� By: �.
Deputy ClerD to the Board Ge rge K ne yd , Chairman 05/570-
ATTEST: CITY OF
OAF GREELEY, COLORADO
By: \Si 4'j)}
� By:
City1C erk Willis or on, Mayor
APPROVEDAS TO SUBSTANCE : APPROVED AS 0 LEG ORM:
By: By: „
C ty nager C ' y t orney
amugshot.rmm
Page 3 of 3 Pages
920716
CITY OF GREELEY, COLORADO
ORDINANCE NO. 28 , 1992
AN ORDINANCE ADOPTING THE AMENDMENTS TO THE NONDISCLOSURE
AGREEMENT FOR WELD COUNTY AUTOMATED MUG SHOT SYSTEM.
BE IT ORDAINED BY THE CITY COUNCIL OF GREELEY, COLORADO:
Section 1. The Greeley City Charter, section 3-17, permits
the City Council, by ordinance, to enter into contracts and
cooperative or joint activities with other governmental bodies
and that C.R.S. , §29-1-201, et seq. , articulates a state policy
encouraging governmental cooperation.
Section 2. Ordinance 36, 1991, authorized the Mayor of the
City of Greeley to sign the intergovernmental Nondisclosure
Agreement with Weld County for the City's access to and use of
the Weld County Automated Mug Shot System. Said Nondisclosure
Agreement is attached hereto and incorporated herein.
Section 3. Amendments have made to the Nondisclosure
Agreement with Weld County for the City's use of the automated
mug shot system. Said amendments are attached hereto and
incorporated herein.
Section 4 . The City Council of the City of Greeley finds it
is in the best interests of the City of Greeley to adopt the
amendments to the Nondisclosure Agreement with Weld County.
Section 5. The City Council hereby authorizes the Mayor of
the City of Greeley to sign the amendments to the Nondisclosure
Agreement with Weld County for the City's access to and use of
the Weld County Automated Mug Shot System.
PASSED AND ADOPTED, SIGNED AND APPROVED this 5th day of
May , 1992.
ATTEST: ) THE CITY OF GREELEY, COLORADO
X v 4(cY.t�r/ By
Thvalt
City Clerk / Mayor
920716
NONDISCLOSURE AGREEMENT
FOR
WELD COUNTY AUTOMATED MUGSHOT SYSTEM
THIS AGREEMENT, made this '"f`— day of `k, 'Ll ?.t[)L u , 1991, by and between
the CITY OF GREELEY, COLORADO, with its principal 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
C9f' Ar
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.
920716
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their / ,duly authorized officers or representatives.
ATTEST;
/ I � //� BOARD OF COUNTY COMMISSIONERS
/(r�/ J WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY: —
, G . L . , gairman
By: , ( .9-/- 2
Deputy Clerk to the Board
ATTEST: , , CITY OF EEL$Y,p COLORADO
`Ly n, I
By: j J � .—c e , 1
City Clerk Mayor
AP OVED AS TO.SUBSTANCE:
-J/ � 4. —
City Manager
APP OVED AS TO LEGAL FORM:
f)-
City Attorney '
9?O7AG
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.
f. 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. 0.
Box 758, Greeley, Colorado 80632.
920716
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 #2
WCJ508 DBF - Subscan file #3
WCJ509 DBF - Subscan file #4
WCJ510 DBF - Subscan file #5
WCJ511 DBF - Lineup file
WCJ514 DBF - Attribute summary file
WCJ515 DBF - Next PID # files
WCJWORK1 DBF - Work file #1 for scan process
WCJWORK2 DBF - Work file #2 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 #)
WCJNAMEO NDX - Index for WCJ510.DBF (lname+fname+invdate)
WCJNAME1 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)
WCJNAME8 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 # update routine
WCJ615P PRG - Record retrieval menu
WCJ62OP 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
' 920716
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
WCJ66OP PRG - Actual attribute scan code
WCJ67OP 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
920716
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