HomeMy WebLinkAbout950321.tiffINTERGOVERNMENTAL AGREEMENT FOR
USE OF COMMUNICATIONS RECORDS AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT made this4RE day of
between the CITY OF GREELEY, COLORADO (herei
COUNTY OF WELD, COLORADO (hereinafter referr
NUNN FIRE PROTECTrON DTSTRT(T (hereinafter referred to as "User")
Mu
for access and use of criminal justice information system.
WITNESSETH:
ETH:
, 1994, by and
fter refe 4 ed to as "City"), and the
to as ".County"), and
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 Pen Records Act and penalties for violation thereof.
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
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950321
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 of 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 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 at.t,a,,An1/ , 1991.
!'
THE CITY OF GREELEY, COLORADO,
a municipal corporation by
and through the City Council
By: —CD
THE COUNTY OF WELD, COLORADO,
a body corporate and politic,
by and through the Board of
County Commissioners
t By: I
Mayor \ C airman
950321
ATTEST:
APPROVED AS TO AL FORM:
By:
City Attorngyli
APPROVED AS TO SUBSTANCE:
BY: ) /44/70
City Manager
AS TO AVAILABILITY OF FUNDS:
By.
Director of &nce
USER:
LYNN SHIPPS
PRESIDENT OF THE BOARD
3
ATTEST:1bng4l
Clerk to the Board
c
„it
APPROVED AS TO LEGAL F
l� )
By:
Cou . ttorney
APPR ED AS TQ SUB3JANpE: ,7
By:
oiYnty Finance Director
By: at L G47r G 4,M%
ALVAN SHIPPS
FIRE CHIEF
950321
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