HomeMy WebLinkAbout982273.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CRIMINAL JUSTICE
RECORDS MANAGEMENT SERVICES AND USE OF COMMUNICATIONS RECORDS
AND CRIMINAL JUSTICE INFORMATION SYSTEMS AND AUTHORIZE CHAIR TO
SIGN -JOHNSTOWN POLICE DEPARTMENT
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 Intergovernmental Agreement for
Criminal Justice Records Management Services and Use of Communications Records and
Criminal Justice Information Systems among the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Sheriff's Office, the City of Greeley, Colorado, and the City of Johnstown, Colorado, Police
Department, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Intergovernmental Agreement for Criminal Justice Records
Management Services and Use of Communications Records and Criminal Justice Information
Systems among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, the City of
Greeley, Colorado, and the City of Johnstown, Colorado, Police Department, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 23rd day of November, A.D., 1998.
-, _ BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO Liail ,ATTEST: <�> ( -1-L��2 :�y�.-C-
. ' Constance L. Harbert, Chair
Weld County Clerk to fie Board j11/ 00 pj��
Q W. H. ebster, Pro-TXmm`
BY: 6to /i <o it ,-\t.
Deputy Clerk to the BB - i/1/�-�� / � -
Georg- E. Baxter
APPR VED AS TO FORM:
0 K Hall
County Attorney / (t / h_, ,. L-tk Lf t i�
Barbara J. Kirkmeyer
982273
Cc C/n cM0010
INTERGOVERNMENTAL AGREEMENT FOR CRIMINAL
JUSTICE RECORDS MANAGEMENT SERVICES AND
USE OF COMMUNICATIONS RECORDS AND CRIMINAL
JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT made this 3 — ay of Aff?). , 199 W ,
by and between the CITY OF GREELEY, COLORADO (hereinafter referred to as "City"),
WELD COUNTY, COLORADO (hereinafter referred to as "County") and the CITY OF
JOHNSTOWN, COLORADO, POLICE DEPARTMENT (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 criminal justice records management services and access to the
criminal justice records information system operated by the City and County; and
WIIWREAS, 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
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 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 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 23rdday of Nnvpmhpr , 199 8 .
ME CITY OF GREELEY, COLORADO, WELD, COUNTY COLORADO,
a municipal corporation, by and a body corporate and politic by and
through the City Council through the Board of County Commissioners
By:
Mayor Chair, Constance L. Harbert
11/23/98
2
ATTEST: JVv
ATTEST: � „�� <^�„
4114 A klo_doilkh) ,�
tl :1( * SE is al, J
City Clesk 9 " Clerk to the Board (ii`t v' 1\s
BUJ tip`/.�
APPROVED AS TO LEGAL G APPROVED AS LEGAL FORM:
By: 17` i 1 By:
City Attorney // Attorn
APPROVED AS TO SUBSTANCE: 4 APPRO AS TO SUBSTANCE:
Bt; 2 3 Lei-----c., L/' By: /_,
City'Manager County Finance Director
AS TO AVAILABILITY OF FUNDS:
By: h
Director of Fi ance
USER:
m
3
EXHIBIT "A"
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 the CITY OF JOHNSTOWN, COLORADO, POLICE
DEPARTMENT (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 850 criminal justice
records for User during the term of this Agreement.
B. User shall pay to CJIS the amount of $8.500 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 1A 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: tx f By:
EXHIBIT "B"
GREELEY/WELD COUNTY PUBLIC SAFETY
CONFIDENTIALITY OF INFORMATION AGREEMENT
I, , have been informed by
that during my employment/assignment with the JOHNSTOWN POLICE DEPARTMENT, 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: D.O.B.:
Date:
Witness: Date: _
Hello