HomeMy WebLinkAbout940485.tiff RESOLUTION
RE: APPROVE FORM OF INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATIONS,
RECORDS, AND CRIMINAL JUSTICE INFORMATION SYSTEMS AND AUTHORIZE CHAIRMAN
TO SIGN UPON SUBMITTAL BY USERS
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 May 3, 1993, the Board of County Commissioners approved an
Intergovernmental Agreement with the City of Greeley, Colorado, for the provision
of the Communications, Records, and Criminal Justice Information Systems, and
WHEREAS, on May 2, 1994, the Board of County Commissioners approved an
amendment to said intergovernmental agreement, which amendment revised
Paragraph 13 of said intergovernmental agreement to require that all records in
the joint criminal justice records and information systems be kept confidential
and used for official purposes only, unless said users are required by law to
disclose the same, and
WHEREAS, both the City of Greeley and Weld County see the need for
individual agreements with the users of the system wherein the users agree to
assure confidentiality of the records and information and their official use only
by users' employees, and
WHEREAS, the City of Greeley has proposed a form for the intergovernmental
agreement for use of the communications, records, and criminal justice
information systems, which is intended to be signed by the City of Greeley, Weld
County, and the individual user, a copy of which is attached hereto as Exhibit
"A", and
WHEREAS, the City of Greeley staff expect there to be a large number of
users who will need to execute such intergovernmental agreements for the use of
the communications, records, and criminal justice information systems and,
therefore, it will be necessary to have one resolution authorizing the Chairman
of the Board of County Commissioners to sign all such intergovernmental
agreements (in the form shown in "Exhibit A") which are submitted for signature.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the form of the Intergovernmental Agreement for Use of
Communications, Records, and Criminal Justice Information Systems, which is
attached hereto as Exhibit "A", be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign any such intergovernmental agreements upon submittal by and
after signature by the users of the system.
940485
RE: FORM OF INTERGOVERNMENTAL AGREEMENT FOR INFORMATION SYSTEMS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 23rd day of May, A.D. , 1994.
p/ BOARD OF COUNTY COMMISSIONERS
ATTEST: D�� WELD COUNTY, COLORADO
Weld County Clerk to the Board et./ // A/V�
UTD
W H. Webs er, C air n
BY: / 7 ae-
Deputy Clerk to the Board Da ee�J�. Hall, to- mm
APPROVED AS TO FORM: . / fir; Cc,
�Geor e Baxter Li
County Attorney Cotance L. Harbert l
/Barbara J. Kirkmey r
940485
INTERGOVERNMENTAL AGREEMENT FOR
USE OF COMMUNICATIONS RECORDS AND
CRIMINAL JUSTICE INFORMATION SYSTEMS •
THIS AGREEMENT made this • day of , 1994,
• by and between the CITY OF GREELEY, COLORADO, (hereinafter referred to as "City"),
the COUNTY OF WELD, COLORADO, (hereinafter referred to as "County"), and
(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, and criminal justice information system has been entered into on the
3rd day of May, 1993, as subsequently amended; and
'WHEREAS, User desires 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
WAFREAS, the City and County are authorized to enter into this agreement by virtue
of Section 29-1-203, C.R.S., art. 2, Section 2-3, Weld County Home Rule Charter; and the City
of Greeley Charter, Section 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 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.
2. User and tts':'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
attached .hereto and incorporated herein. Additionally, the User specifically agrees that
paragraph 13 of the City/County Intergovernmental Agreement, as amended, binds the User
to- confidentiality- pursuant to- the Colorado then Records Act and penalties for violation
thereof.
EXHIBIT "A"
940485
•
3. The User shall indemnify and save harmless and defend the City and County,
their agendas, 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, except for liability, losses and costs caused
solely by the negligence of the City and County. •
4. 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.
5. 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.
6. 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 of any of
the terms and conditions of the Intergovernmental Agreement between the City or County:
7. 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-- day of , 1994.
THE CITY OF GREELEY, COLORADO THE COUNTY OF WELD
a municipal corporation by and a body corporate and politic by and
through the City Council through the Board of County Commissioners
By By
Mayor Chair
ATTEST:
City Clerk Clerk to the Board
2
940485
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM
By By
City Attorney County Attorney
APPROVED AS TO SUBSTANCE APPROVED AS TO SUBSTANCE
By By
City Manager County Finance Director
AS TO AVAILABILITY OF FUNDS
By •
Director of Finance
USER
By
City Clerk Mayor
3
940485
GREELEY/WELD COUNTY PUBLIC SAFETY 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: DOB:
DATE:
WITNESS: DATE:
940485
RESOLUTION
RE: APPROVE FORM OF INTERGOVERNMENTAL AGREEMENT FOR USE OF
COMMUNICATIONS, RECORDS, AND CRIMINAL JUSTICE INFORMATION
SYSTEMS AND AUTHORIZE CHAIRMAN TO SIGN UPON SUBMITTAL BY USERS
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 May 3, 1993 the Board of County Commissioners
approved an intergovernmental agreement with the City of Greeley,
Colorado, for the provision of communications, records, and
criminal justice information systems, and
WHEREAS, on May 2 , 1994 the Board of County Commissioners
approved an amendment to said intergovernmental agreement, which
amendment revised paragraph 13 of said intergovernmental agreement
to require that all records in the joint criminal justice records
and information system be kept confidential and used for official
purposes only, unless said users are required by law to disclose
the same, and
WHEREAS, both the City of Greeley and Weld County see the need
for individual agreements with the users of the system wherein the
users agree to assure confidentiality of the records and
information and their official use only by users ' employees, and
WHEREAS, the City of Greeley has proposed a form for the
intergovernmental agreement, FOR USE OF COMMUNICATIONS, RECORDS,
AND CRIMINAL JUSTICE INFORMATION SYSTEMS, which is intended to be
signed by the City of Greeley, Weld County, and the individual
user, a copy of which is attached hereto as Exhibit "A" , and
WHEREAS, the City of Greeley staff expect there to be a large
number of users who will need to execute such intergovernmental
agreements for the use of communications, records, and criminal
justice information systems and, therefore, it will be necessary to
have one Resolution authorizing the Chairman of the Board of County
Commissioners to sign all such intergovernmental agreements ( in the
form shown in "Exhibit A" ) which are submitted for signature.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the form of the
INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS which is attached hereto as
Exhibit "A" be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign any such intergovernmental agreements
upon submittal by and after signature by the users of the system.
940485
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the day of
May, A.D. , 1994 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS
W. H. Webster, Chairman
BY:
Deputy Clerk to the Board George E. Baxter
APPROVED AS TO FORM:
Dale K. Hall
BY:
Weld County Attorney Constance L. Harbert
Barbara J. Kirkmeyer
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940485
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