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HomeMy WebLinkAbout941371.tiff AL AGREEMENTSFOR USE OF COMM ICATIONS �N SYSTEMS I CRIMINAL JUSTICE INFORMATION 1994, by and between the this day °f t "City"), and the COUNTY OF I GRaLEY CO made r referred of Evan Colorado THIS AGREEMENT ADO (hereinafter„County„), and the Ci stem. WELD,L OF , COrei r referred to ustice information sY i COLORADO (hereinafter Usere for access and use of criminal justice ter referred to as "User") t (hereinafter `,t,ITNESSETHt operation and maintenance of has been entered into on the AREAS, r Intergovernmental Agreement for the and criminal justice information system records, subsequently amended; and 3rd daycommunications, 1993, as subsea 3rd day criminal justice records information system WHEREAS, User desires access to the of such operated by the City and County; and conditions of and County; agrees to the terms and WHEREAS, User has the Intergovernmental n g°ernmental Agreement between the City information, as determined ustice records and overnmental functions for use of criminal j WHEREAS, User provides g to enter into this agreement by virtue and information; and are authorized the City of WHEREAS, the City and County Weld County Borne Rule Charter; and WII Art. 2, Sec. 2-3, of §29-1-203, C.R.S., and covenants, Greeley Charter, Sec. 3-� mutual promises FORE, in Consideration of the following NOW THERE pursuant the parties agree as follows: Criminal justice information system the City l• User is allowed access the the Intergovernmental City/County Agreement entered into between ofand discretion of the City and County. and the oents and modified conditions by d Interg the integrity and to County as modified by directions required to maintain aired go execute are hereby and as such, are required hereto its employees information system, attached 2. User and justice Information Agreementa raph 13 of the Public Safety Confidentiality of fInfor agrees that paragraph pursuant confidentiality of the Criminal the User spec confidentiality the Weld County Additionally, binds the user to co rated herein. Agreement,as amended, and incorporated penalties for violation thereof• their tCity/County theColorado Records Act and and County, to the Open and defend the City losses, and/or and save harmless and th liability, 3. The User shall indemnify from and against any -ryis ��.�+� �� agents, servants, and employees 9413 71 !i ..ill t1\�,L.i.JT causes of action, including the reasonable cost of defense which is caused by an 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 by the negligence (at least 51%) 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 person not a party to this Agreement. 5. No portion of this Agreement shall be deemed to create no 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 party to 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 enforcement 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 16th day of August 1994. THE CITY OF GREELEY, COLORADO THE COUNTY OF WELD, COLORADO a municipal corporation by a body corporate and politic, and through the City Council by and through the Board of County Commissioners 2 , 9 / By: 1 ! if fl /i,� :. . ,( z ?;' By: Chairman Mayor 2 I : ,,�Q, ,/ gatATT� ATTEST Clerk to the Board Clerk Tp LEGAL FORM" City APPROVED AS APPROVED AS TO LEGAL FORM: County Attorney -------------- \ By:__----------_ y. BY:City Attorney TO SUBSTANCE: APPROVED AS APPROVED AS TO SUBSTANCE= 1 , / \ By. rF�nan Director County By:___.------------- y� City Manager AS TO AVAILABILITY OF FUNDS: By: Director of Finance US -1:' E CITY OF EVANS, a Home Rule AST: Mu . ipal C ration City Clerk APPROVED AS TO SUBSTANCE: AS TlJ�ECTA�' FORM: APPROVED/ '' By E s City alter By: Attorney vans�City 3 GREELEY/WELD COUNTY PUBLIC SAFETY SYSTEM CONFIDENTIALITY OF INFORMATION AGREEMENT have been informed by I, that during my , I may have employment/assignment with the including but not limited to, access to confidential law enforcement information, information concerning arrests, criminal investigations and details from official police reports. I understand that unauthorized is sem in dissemination of employment ult nconfidential information to anyone by me may termination, civil liability, and/or disciplinary action up to and including 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. DOB: SIGNED: DATE: DATE: WITNESS: NT FOR EMS ¢ NTAL AGREEMENT USE OF COMMUNICATIONS oD5 AND USE OF L JUSTICE ,, CRIMINAL NSTICE INFORMATION ]994, by and 1 of "City"), and the '. THIS AGREEMENT made this _R Do (hereinafter referred to and COLORADO 'County"), to as "User")between the CITY OF COLORADO (hereinafter referred to as " COUNTY EV WELD, PROTECTION DISTRICT (hereinafter referred VILLE FIRE information system. Is PLATTE justice for access and use of criminal WITNFSSETH: operation and maintenance of Agreement for the stem has been entered into on the WHEREAS, an Intergovernmental g communications, records, and criminal justice information sY 1993, as subsequently amended; and system 3rd day of May, justice records information WHEREAS, User desires access to the criminal operated by the City and County; and d conditions of use of such User has reviewed and agrees to the terms an information, as determined in the Intergovernmental Agreement between the City and County; justice records and functions for use of criminal �E�Ag User provides governmental reement by virtue and information; and and the City of the City and County are weld authorized County Home Rule Charter; WHEREAS, 2, sec. 2-3,of § 29-1-203, C.R.S., art. Greeley Charter' sec. 3-7• mutual promises and covenants, NOW THEREFORE, in consideration of the following the parties agree as follows: criminal justice information system pursuant County Agreement entered into between the City toIntergovernmental ], User is allowed access to the City /County the termsCounty and modified by directions of the Interg and confidentiality ounty as modified by and discretion of the City and County., and C required to execute the employees are hereby required to maintain the integrityAgreement attached stem, and as such, are 2. User and itsPublic paragraph 13 of justice information system, specifically of the criminal J public Safety System Confidentiality of Information g orated herein. Additionally, the User sp binds the agrees that r to ag 3lof theeleylW Ou my Agreement, as amended, hereto and Intergovernmental g realties for violation thereof. the pursuant t o the hy Colorado Records Act and penalties d County, their to Colorado Pen and def d the City an losses, and/or and save harmless d �l ld the liability, t. 3. The User and mployeesf from and against any �/�� � agendas, servants,i U-1/C-i'lli any intentional servants, employees in the \ ;., \ including the reasonable cost of defenseentshich is caused by causes of action, agreement. and/or negligent pursuant to this li ent act or omission of the User, servants, and defend the city and county, their agents, performance and use of information obtained demand, or cause of agrees to indemnify sin out of any claim, The User also out of any conduct or misconduct osf the and employees whatsoeverfrom and dgorn nature, at and abilin arising their agents,noactton, ofu edintp kind po u arising paragraph above for which 1 b City Yy, losses runty,and costs caused solely by the not included in the gel o be liable, except employees, are alleged immunities negligence of the City and County. nor shall any portion ' Agreement shall be deemed to constitute posss waiver of any art to any 4. No portion of this �Y of either p which the reey or the county of their reat or employees of this Agreement be deemed to have created a duty of care on the p person not a party to this Agreement. of No portion of this Agreement shall be deemed in each create na bs obligation year. 5. expend funds not otherwise appropriated the City or County to to the City/county agreed that User is not a of the covenants 6. It is tal Agreement es understoodand cc andnorights or benefits to any and terms, covenants, hereby accruesparty to a third-party beneficiary, Intergovernmental Intergovernmental Agreement User not in or conditions of said agreement, either a s p Y of the terms and privity or standing to the user to enforcement of any agrees that the terms or conditions of the City/County n er any manner provide p y Agreement between the City or County. conditions of the Intergovernmental g 7. This the sole discretion of the city, 1994. DATED this day of WELD, COLORADO, COLORADO, THE COUNTY OF oLDc, a body corpoTa the Boe and of THE CITY OF GREELEY, by and throug a municipal corporation by and through the City Council County Commissioners By: Chairman By: Mayor 2 44L%7 ATTEST: i ATTEST: 1 Clerk to the BoardJ2?, City Clerk i APPROVED AS TO LEGAL FORM: • APPROVED AS TO LEGAL FORM: By: By: • County Attorney City Attorney APPROVED AS TO SUBSTANCE: APPROV AS TO SUBSTANCE: / ", By: By. 47 County F ance rec or City Manager AS TO AVAILABILITY OF FUNDS: By: Director of Finance USER: • By:` ,✓ {-, -* -- n�--�� � Mike Evans Kenneth Miller Chief Platteville Fire Protection District Platteville Fire Protection District 3 i • INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATIONS RECORDS AND . CRIMINAL JUSTICE INFORMATION SYSTEMS day of 1994, by and 1 THIS AGREEMENT made this "City"),asand the between the CITY OF GREELEY, COLORADO (hereinafter referred to and y. COUNTY OF WELD, COLORADO (hereinafter referred to as "County"),ur re ned to a LA SALLE FIRE PROTECTION DISTRICT for access and use of criminal justice information system. WITNESSETH: WHEREAS, an Intergovernmental Agreement for the operation and maintenance of i 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 y of Cit and County are to r this virof § 2 WHEREAS, I203, C R.Se art. 2, sec. 2-3, Weld County HomeRule Charter; and the by City ue Greeley Charter, sec. 3-7. NOW THEREFORE, in consideration of the following mutual promises and covenants, the parties agree as follows: minal stice t 1 s and conditions of the Intergovernmental/ nunty 1Agreement entered information nto between Phe City to the term and County as modified by directions and discretion of the City and County., • tegrity 2. User a its nd ionformations are ereby required system, and to as l maintain h, are lnrequired and to confidentiality execute�the G the criminal justice Greedy incorporated porated herein. Additionally,ty Public Safety System the User speciiticallyrmation Agreement attached agrees that paragraph 13 of hereto and rP Agreement, as amended, binds the user to confidentiality the City/County Intergovernmental pursuant to the Colorado Pen Records Act and penalties for violation thereof. their ess and defend the City and County,3. The Userandaemployeesll f fromy dand against save lany and all claims, liability, losses, and/or agendas, servants, 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 misconduc of the User - a et servants or not included in the paragraph above for which the City and County, their gntc 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 ossess, nor shall any the the be deemed to have crreated a duty of p ion care onthe part of either partpt rt of this Agreement any person not a party to this Agreement. 5. No portion of this Agreement shall be deemed to create na 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 a s party to 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 enforcement 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 COUNTY OF WELD, COLORADO, THE CITY OF GREELEY, COLORADO, a body corporate and politic, a municipal corporation by by and through the Board of and through the City Council County Commissioners By: 111 ) J BY C airman Mayor 2 i \ . ATTEST: C.), IV ATTEST: t i K Jerk to the Board i�� Clerk D AS TO LEGAL FORM: City APPROVE APPROVED AS TO LEGAL FORM: AtAttorneyCounty By: Attorney BY:----------- y ED AS TO SUBSTAN APPR APPROVED AS TO SUBSTANCE: By. Fin tic Director ounty / \ By: City Manages i AS TO AVAILABILITY OF FUNDS: By: of Finance Director r USER: By: Board Jim Kent Salle Fire Protection ti President, Fire Protection Board Charles Dickson Secretary LaSalle 3 Hello