HomeMy WebLinkAbout950197.tiffRESOLUTION
RE: APPROVE FORM OF INTERGOVERNMENTAL AGREEMENT FOR CRIMINAL JUSTICE
RECORDS MANAGEMENT SERVICES AND USE OF COMMUNICATIONS RECORDS
AND CRIMINAL JUSTICE INFORMATION SYSTEMS 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 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, on May 3, 1993, with subsequent amendments, and
WHEREAS, both the City of Greeley and Weld County see the need for individual
agreements with entities desiring use of the criminal justice records management system operated
by the City and County, and
WHEREAS, after review, the Board deems it advisable to approve one resolution
authorizing the Chairman of the Board of County Commissioners to sign all such intergovernmental
agreements, as shown on the attached Exhibits "A" and "B", copies of which are attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the form of the Intergovernmental Agreement for Criminal Justice Records
Management Services and Use of Communications Records and Criminal Justice Information
Systems, as shown on Exhibits "A" and "B", 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 and after signature by the users
of the system.
950197
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CM0008
APPROVE FORM OF IGA AGREEMENT - CRIMINAL JUSTICE SYSTEM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of February, A.D., 1995.
ATTEST:
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Weld County Clerk to the Board
BY: /!1L ---t- -7j -�7�/.y -c,-/i,z
Deputy Clerk to the Board
APP�D AS TO FORM'
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FXCIISFf fATF (1F SIfNINf (AYF
Dale K. Hall, Chairman
FXCI ISFfl
Barba . Kirkmeyer,.-Pro-Tem
<"George
Baxter
Constance L. Harbert
950197
CM0008
INTERGOVERNMENTAL AGREEMENT FOR CRIMINAL
JUSTICE RECORDS MANAGEMENT SERVICES AND
USE OF COMMUNICATIONS RECORDS AND CRIMINAL
JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT made this day of , 199_,
by and between the CITY OF GREELEY, COLORADO (hereinafter referred to as "City"),
WELD COUNTY, COLORADO (hereinafter referred to as "County") and
(hereinafter referred to as "User") for access and use of
criminal justice information system.
WI'INESSETH:
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 criminal justice records management services and 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
WHEREAS, the City and County are authorized to enter into this agreement by virtue
of § 29-1-203, C.R.S., art. 2, § 2-3, Weld County Home Rule Charter; and the City of Greeley
Charter, § 3-7.
NOW THEREFORE, in consideration of the following mutual promises and covenants,
the parties agree as follows:
1. The Greeley/Weld Criminal Justice Information System shall provide criminal justice
records management services for user upon the terms and conditions of the criminal justice
records management services agreement attached hereto as Exhibit "A" and incorporated herein
by reference.
2. 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.
3. User and its 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
950197
Exhibit "A"
hereto as Exhibit "B" and incorporated by reference. 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 Open Records Act and penalties for violation thereof.
4. The User shall indemnify and save harmless and defend the City and County, their
agents, 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 for providing criminal justice records management services
for User.
5. No portion fo 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 nay 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.
6. 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.
7. 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 any of the terms and conditions
of the Intergovernmental Agreement between the City or County.
8. 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 , 199
THE CITY OF GREELEY, COLORADO,
a municipal corporation, by and
through the City Council
WELD, COUNTY COLORADO,
a body corporate and politic by and
through the Board of County Commissioners
By: By:
Mayor Chair
2
950197
ATTEST: ATTEST:
By:
City Clerk Clerk to the Board
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:
3
950197
CITY OF GREELEY, COLORADO
RESOLUTION NO. 4 , 1995
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO
INTERGOVERNMENTAL AGREEMENTS WITH USERS OF THE GREELEY/WELD
CRIMINAL JUSTICE INFORMATION SYSTEM TO PROVIDE CRIMINAL JUSTICE
RECORDS MANAGEMENT SERVICES.
WHEREAS, the City of Greeley and the County of Weld have entered into an
Intergovernmental Agreement for the joint use and operation of the Communication and Dispatch
Center's criminal records and criminal justice information systems for the purposes of economy,
efficiency and to enhance public safety services;a nd
WHEREAS, other governmental entities and their departments have need for access to
the criminal justice information systems of the Greeley/Weld system; and
WHEREAS, other governmental entities and their departments have need for criminal
justice records management; and
WHEREAS, the City of Greeley and Weld County have a joint records management
system in place to serve and manage other governmental entities' criminal justice records
management; and
WHEREAS, the City of Greeley and Weld County desire that users accessing said
system provide for confidentiality of those records, pursuant to the Colorado Open Records Act;
and
WHEREAS, all users who provide or obtain information from the Greeley/Weld system
shall use information obtained for official purposes only; and
WHEREAS, the City and the County are authorized to enter into intergovernmental
agreements by virtue of § 29-1-203, C.R.S., art. 2, § 2-3, Weld County Home Rule Charter,
and the City of Greeley Charter § 3-7; and
WHEREAS, criminal justice records management and access to the Greeley/Weld
criminal justice information systems by other governmental users shall provide for the health,
welfare and safety of citizens of Greeley and throughout the State of Colorado; and
WHEREAS, users who wish to contract for criminal justice records management and
access to the criminal justice information system are numerous and it is in the best interests of
the City to authorize the Mayor to sign numerous intergovernmental agreements with various
entities pursuant to the agreement attached hereto as Exhibit "A", without the necessity of
returning to Council regarding each intergovernmental agreement.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
GREELEY, COLORADO:
1. The Mayor of the City of Greeley, Colorado is hereby authorized to enter into
intergovernmental agreements with users of County/City criminal justice information systems
in accordance with the terms and agreements of the Master Intergovernmental agreement
attached hereto as Exhibit "A".
2. This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AM) APPROVED this 7th day of
February , 1995.
ATTEST:
47'2/c: ,
City Clerk
2
THE CITY OF GREELEY, COLORADO
By:
950197
CRIMINAL JUSTICE RECORDS
MANAGEMENT SERVICES AGREEMENT
THIS AGREEMENT is made this day of , 19 , by and
between GREELEY/WELD CRIMINAL JUSTICE INFORMATION SYSTEM (hereinafter
referred to as "CJIS") and (hereinafter referred
to as "User"), for criminal justice records management services for User.
Services. CJIS shall provide criminal justice record management services to User in
accordance with the policies and procedures of the Greeley/Weld Criminal Justice Information
System pursuant to the terms and conditions of the Intergovernmental Agreement for criminal
justice records management services and use of communications records and criminal justice
information system upon the following terms and conditions:
A. CJIS hereby shall provide management services for approximately criminal
justice records for User during the term of this Agreement.
B. User shall pay to CJIS the amount of $ as and for reasonable
compensation for providing criminal justice management services.
2. CJIS may increase the amount of compensation paid by User to CJIS in the event that
the number of criminal justice records exceeds the amount stated in paragraph IA above in its
sole discretion.
3. All of the terms and conditions of the Intergovernmental Agreement for Criminal
Justice Records Management service and Use of Communications Records and Criminal Justice
Information Systems are incorporated herein and are in full force and effect and User is
expressly bound to the terms and conditions of said agreement.
DATED the year and day first above written.
GREELEY/WELD CRIMINAL JUSTICE
INFORMATION SYSTEMS USER:
By: By:
Exhibit "A"
950197
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:
Exhibit "B"
950197
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