HomeMy WebLinkAbout951948.tiffINTERGOVERNMENTAL AGREEMENT FOR CRIMINAL
JUSTICE RECORDS MANAGEMENT SERVICES AND
USE OF COMMUNICATIONS RECORDS AND CRIMINAL
JUSTICE INFORMATION SYSTEMS
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THIS AGREEMENT made this / day of q , 199 5 ,
ereinafter referred to as "City"),
WELD COUNTY, COLORADO (hereinafter referred to as "County") and u . N.C.
Police Department (hereinafter referred to as "User") for access and use of
criminal justice information system.
by and between the CITY OF GREELEY, COLORADO
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
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
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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. To the extent allowed by law, 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.
To the extent allowed by law, 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 /d' day of
THE CITY OF GREELEY, COLORADO,
a municipal corporation, by and
through the City Council
By:
2
,199 C
WELD, COUNTY COLORADO,
a body corporate and politic by and
through the Board of County Commissioners
By:
Cit, Manager
ATTEST:
1•,(1 A
City Clei(it
APPROVED AS TO LEGAL FORM:
By: I �,/ V 1 C. 1
City Attorney
APPROVED AS TO SUBSTANCE:
AS TO AVAILABILITY OF FUNDS:
By:
Director of Finance
USER:
Steven N. Garcia
Vice President o Administration
Matthew G. Walton
Assistant to the President
for Legal Affairs
3
ATTEST:
By:
erk to the Boar
APPROVED AS TO LEGAL
By: )
Cathy ty Attorney
APPRO WAS TO S
By:
C'unty Finance Director
/L
Terrence Urista, Chief
UNC Police Department
CRIMINAL JUSTICE RECORDS
MANAGEMENT SERVICES AGREEMENT
THIS AGREEMENT is made this 18 day of August 1995 ,by and
between GREELEY/WELD CRIMINAL JUSTICE INFORMATION SYSTEM(herinafter
referred to as "CJIS") and U.N.C. Police Dept. (herinafter 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 2250 criminal justice records for User during
the term of this Agreement.
B. User shall pay to CJIS the amount of $14,535 _ 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
Exhibit
Terrence Urista, Chief
UNC Police Department
"Au
USER:
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"
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