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HomeMy WebLinkAbout940406.tiff RESOLUTION RE: APPROVE AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR SHARED INFORMATION_ 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, the Board has been presented with an Amendment to the Intergovernmental Agreement for the Shared Information System between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley, with terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems 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 Intergovernmental Agreement for the Shared Information System between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of May, A.D. , 1994. I 1 ��`„o 41,41,:,17, BOARD OF COUNTY COMMISSIONERS ATTEST: A( WELD COUNTY, !COLORADO Weld County Clerk to the Board (,)"7 J � JAI*0 ebster, hair an BY. D Deputy elerkto the Dale . Hall, APPROV AS TO FORM: �r � el Ge�ge .E. Baxter County Attor y stance L. Harbert � � �gi ,eI Barbara J. Kirkme er alry 940406 or[ e I t:v ; efti COO S OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Captain Jack Statler, Greeley Police De. r: ent FROM: Jeff Parins, Assistant City Attorne% DATE: February 7 , 1994 RE: Amendment to Intergovernmental Agreement for Shared Information System. Enclosed- please find- an amendment to- the-original- Intergovernmental Agreement for Communications, Records, and Criminal Justice Information Systems. The amendment modifies paragraph 13 of the original agreement to provide: (A) That the operations and records are expressly subject to the Colorado Open Records act; and (B) That access is limited and confidential requiring employees who obtain said information to execute an acknowledgement of confidentiality. - The amendment is self-explanatory. I have signed the amendment on behalf of the law department, provided a resolution for City Council to enter into the amendment, as well as a proposed acknowledgement and agreement by affected employees. Should you have any questions, feel free to call. JCP: ss Attach. 940406 \':'_LD COu <TY THE CITY OF GREELEY, COLORADO RESOLUTION NO. 28 , 1994. I":1. SY? -6 al 9: 34 CLERK This Resolution authorizing the Mayor of the City of Grggie. ectt D enter into an amendment to an Intergovernmental Agreement Vi Weld County for provision of communications, records, and criminal justice information systems. WHEREAS, the City and County entered into an Intergovernmental Agreement for provision of communications, records, and criminal justice information systems on the 3rd day of May, 1993 ; and WHEREAS, the parties are now desirous of amending said agreement to provide for an Acknowledgement and Agreement of affected employees to maintain confidentiality of said records; and WHEREAS, the parties are required pursuant to paragraph 30 of the original agreement to reduce said modification to writing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO AS FOLLOWS: 1. The Mayor is hereby authorized to enter into the attached amendment to the Intergovernmental Agreement with Weld County, attached hereto as Exhibit A. 2. This resolution shall become effective immediately upon its passage. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 17th DAY OF May , 1994. ATTEST: THE CITY OF GREELEY, COLORADO ( /6 Lit dihi By: ✓ /# City Cle Mayor ✓ 4% ) F °l 940416 AMENDMENT TO INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT made and entered into this A n- day of it , 1994, by and between the CITY OF GREELEY, by and through tthe City Council of the City of Greeley, Colorado, hereinafter referred to as "City" , and the COUNTY OF WELD, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "County"; WITNESSETH: WHEREAS, the City and County entered into an Intergovernmental Agreement for provision of communications, records, and criminal justice information systems on the 3rd day of May, 1993; and WHEREAS, parties now desirous of amending said Agreement pursuant to the procedures outlined in paragraph 30 of the Agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants, the City and County hereby agree as follows: 1. Paragraph 13 of the Agreement entitled "Records", a copy of which is attached hereto, is hereby amended to read as follows: A. The operation of duties under this Intergovernmental Agreement are expressly subject to the provisions of the Colorado Open Records Act, and shall be disclosed pursuant to the requirements and limitations of that Act. B. Access to information and records to City or County employees shall be released solely for the execution of the duties of said employees. Further, all employees shall execute an Acknowledgement and Agreement of Confidentiality for said information, including the provision that any unauthorized or illegal dissemination of the information may result in employment disciplinary action, civil liability, and/or criminal action against the employee. Each employee who has or may have access to confidential information is required to execute a document in which the employee agrees to keep all information confidential to the best of the employees ability. The Agreement of Confidentiality shall be substantially in the form attached hereto, as Exhibit H. 2 . All other terms, conditions, and exhibits of the original Intergovernmental Agreement, entered into May 3, 1993, remain in full force and effect except as modified pursuant to Paragraph 1, herein. EXHIBIT "A" 9404'96 IN WITNESS WHEREOF, hA City and County have signed and sealed this Agreement this day of •_/}'n O41-- 1994 . ATTEST: ATTEST: /umGGZ irf By City lerk` lihi BY 4/1il k: / [ (/ k�!/�.driDeputy C1e(6 to the Board THE CIT OF GREELEY, COLORADO THE COUNTY OF WELD, COLORADO, by and through the City by and through the Board of Council of the City of Greeley County Commissioners of the c� County of Weld/(�` / By: ��tGi Ju�q 6?�c By: l C` \J f �k1 2�l; Mayor % Chairman ?�5 f/9 APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM: /��"ff B � By :____;: 1,-,_,--y Manager '+r y t ne Co my Attorney APPROVED AS TO FORM: APPjc AS TO SUBSTAN E: / 4 By. Y'. f ''i-- , BCit Orney y Fina ce irector APPROVED AS TO AVAILABILITY OF FUNDS: By: 1�%! ' Sv Director of Finance S4 U42;F UREELEY/WELD COUNTY CRIMINAL JUSTICE SYSTEM CONFIDENTIALITY OF INFORMATION AGREEMENT I, have been informed by that during my employment/assignment with the 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. SIGNED: DOS: DATE: WITNESS: DATE: Exhibit H IGA AGREEMENT FOR PROVISION OF COMMUNICATIONS, RECORDS, AND CRIMINAL JUSTICE INFORMATION SYSTEMS PAGE 4 b and thrnugh_ the Board ofCounty-Commissioners o County and its emp o an claim or 1' •the City's violation of a arising fesm a regulations, or • aws, rules, orders, or decrees, to the extent provi ' e by law. 13. Records: Certain records held by the City or Weld County as they relate to this Agreement may be considered open records, pursuant to Colorado Statute. 14. lo ment Status: It is expressly agreed and understood the Ci is in respects an independent contractor as to the work at the City an mployees are not agents, servants, o ployees of the County. All em es of the City shall w exclusively for the- City- and- shaii not be 'dered em ees of the County nor shall they be eligible for Coun enefits. This Agreement specifies the nature and exte the wor e done by the City, but the method utili to accomplish the wor all be the responsibility o e City. The County assumes no liabi ' for City emplo who may be injured while working in the Center owne by t ounty. City assumes no- liability- for- County employees ing in the Center. 15. tractin The City may contract services to be perfo ted'hereun The City shall advise the County of a ntracts involved in pro County services herein, contract shall, under any circumstances, 'eve the • obligation under this Agreemen • of its liability and S s ite such contracting, the County shall deal thro e City, and co ors, will be dealt with as worker representatives of the Contracto . not co emergency service dispatching services without may royal. 16. -Liability The City and the County agree that in no event s either ounty or the City be liable or res y to weork other, or to of sons due to herein page or delay in work provided for, wh toppages or delays result from acts of God, f' r, legal, or equit roceedin e which- is- out Cy e outs - the- control of the t g' Coounty. any other County. 17. Center: The Ce ar ehatt hri ° e year, twenty- o da . 9C042 J i Hello