HomeMy WebLinkAbout961838.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF
COMMUNICATIONS RECORDS AND CRIMINAL JUSTICE INFORMATION
SYSTEMS WITH TOWN OF PLATTEVILLE, COLORADO, 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 between the City of
Greeley, Colorado, and the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Town of Platteville, Colorado, 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 between the City of Greeley, Colorado, and
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the Town of Platteville, Colorado, 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 9th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
somm'ssity, WELD COUNTY, COLORADO
r ` S GAS FXC1tSFD
p�'t " er Barba J. Kirkme Chair
IBM ' tQ . y Clerk to the Boardr.
®� -�; y eorg . Baxter, Pro-T
,�- C eputy Clerk g. the Board
Dale K. Hall /
APPRO ED AS TO FORM: 4,,-- j��r��� c:,-- ,(z.��,!
�'tlrsf �6 �aZf Constance L. Harbert
o y ttorn y �W. H. We17i
961838
(fd ; r^PN.[ y (3ory'i CM0009
INTERGOVERNMENTAL AGREEMENT FOR
USE OF COMMUNICATIONS RECORDS AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT made this l day of OCb , 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 TOWN OF
PLATTEVILLE (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
961838
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.l_./
DATED this 9 ' day of C"tjj , 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
By c'T,, e�
a or Chainnin Pro—Tern 10/09/96
2
961838
ATTEST: eG1 ,4S: t\ST:
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ity C1(k / ' ,O 'n,,
f � 4TTF to the B«f�d OF GDl ^.TY
STI iG L
CW ti„LR S:G 'hiUitcS 0,,LY
APPROVED AS TO L FORM: APPROVED AS TO LEGAL FORM:
By: C y:
City At C rifyt77(1
APPROVED AS TO SUBSTANCE: APPROV D AS TOSS ST ICE:
J�
B /1/` id
By: J L
ity Manager o my Finan e Director
AS TO AVAILABILITY OF FUNDS:
By:Director of Fin nce
USER:
By:
Mayor Francisco Llanos Chief re Donewar
3
961838
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