HomeMy WebLinkAbout962038.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF
COMMUNICATIONS RECORDS AND CRIMINAL JUSTICE INFORMATION
SYSTEMS WITH CITY OF GREELEY, COLORADO, AND HUDSON FIRE
PROTECTION DISTRICT AND AUTHORIZE CHAIR 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 Intergovernmental Agreement for
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, and the City of Greeley, Colorado, and the Hudson Fire Protection District, 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 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, and the City
of Greeley, Colorado, and the Hudson Fire Protection District 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 13th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
4 E 1La , //f WELD COUNTY, COLORADO
��JJ =� Mm4( i ;�A/G:t FXCl1RFn BATE rip SIGNINP, (AYF)
1861 (((/// Barbara J. Kirkmeyer, Chair
el `nty Clerk to the BoardFis L_
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-�� eorge4Baxter, Pro-Te
Deputy Cler 'o the Board
ale K. Hall
APP AS TO F //GLii%.��, iv?� 4�t� �
Constance L. Harbert
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W. H. Webs er
CC: Greeley 13er ); OM 962038
CM0009
INTERGOVERNMENTAL AGREEMENT FOR
USE OF COMMUNICATIONS RECORDS AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT made this /S day of 776 V. , 1996, by and
between the CITY OF GREELEY, COLORADO (hereinafter referred to as "City"), and the
COUNTY OF WELD, COLORADO (hereinafter referred to as "County"), and HUDSON
FIRE PROTECTION DISTRICT (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
WHEREAS, the City and County are authorized to enter into this agreement by virtue
of § 29-1-203, C.R.S., art. 2, sec. 2-3, Weld County Home Rule Charter; and the City of
Greeley Charter, sec. 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 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 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 Open Records Act and penalties for violation thereof.
3. 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, 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
person 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 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 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 /3day of 7)0K , 1996.
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
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BY* Q Liy;., _.(1/1/-2/Ave
M yor /Chairman
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ATTESPNG TO ROM OF COUNTY
COMMisSiOtia SiGNATUREg DAY
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
By:
--:JA I C)d
By.
City Attorney Co y Atto ey
APPROVED AS TO SUBSTANC : APPRO D AS TO SUBSTANCE:
1 /
B eaget By: /
City Ma ager ounty Finan a Director
AS TO AVAILABILITY OF, FUNDS:
By:
Di tor of Finance
USER:
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F Aplip POLICE DEPARTMENT it.'
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City of PUBLIC SAFETY BUILDING, 919 7TH STREET, GREELEY, COLORADO 80631 (970)350-9605 ,
Greeley
September 26, 1996
Ms . Barbara Patterson
Hudson Fire Protection District
P.O. Box 7
Hudson, CO 80642
Dear Ms . Patterson:
I ' m sorry I have not contacted you prior to this date about the
intergovernmental agreement for access to our computer system. I
would like to provide you another set of agreements to complete the
process .
I have enclosed three original copies of the agreement . We need
all three copies signed by the appropriate people and forwarded to
Captain Kent Donahue . You may use the same mailing address .
Captain Donahue has recently been assigned as the new Services
Division Captain and will supervise the computer system.
I have also enclosed a copy of a signature page of the document .
The agreement is normally signed by the Chairperson of the board
and the Fire Chief . When we obtain the proper signatures from the
City of Greeley and Weld County Officials, we will return one of
the original copies to you for your files . If you have any
questions about the process, please feel free to contact either
Captain Donahue or myself .
Si7rel
Statler
Administrative Captain
962038
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