HomeMy WebLinkAbout08772ORDINANCE NO. 8772
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BY AND BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION AND THE ADAMS COUNTY
SHERIFF’S OFFICE, THE ARAPAHOE COUNTY SHERIFF’S
OFFICE, THE CITY OF AURORA, THE COLORADO
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF
COLORADO, THE CITY OF COLORADO SPRINGS, THE CITY
OF COMMERCE CITY, THE CITY AND COUNTY OF DENVER,
THE DOUGLAS COUNTY SHERIFF’S OFFICE, THE CITY OF
GRAND JUNCTION, THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF JEFFERSON, THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
MESA, AND ANY OTHER ENTITIES OR AGENCIES THAT
CHOOSE TO JOIN AND SIGN THE INTERGOVERNMENTAL
AGREEMENT FOR THE FORMATION OF THE COLORADO
INFORMATION SHARING CONSORTIUM
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement of the Colorado Information Sharing Consortium
attached hereto and having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized and directed to execute said
Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the
City thereto and attest same.
SECTION 3.
The officers and staff of the City are authorized and directed to take all action necessary,
appropriate or required to effectuate the provisions of this Ordinance.
SECTION 4.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: August 25, 2014
BY: Ed Brown
COUNCILPERSON
PASSED AND APPROVED: September 8, 2014
City Clerk’s Office Item # R-3
Background Paper for Proposed Ordinance
COUNCIL MEETING DATE:
August 25, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Chief Luis Velez - Police Department
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BY
AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND
THE ADAMS COUNTY SHERIFF’S OFFICE, THE ARAPAHOE COUNTY
SHERIFF’S OFFICE, THE CITY OF AURORA, THE COLORADO
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF COLORADO, THE
CITY OF COLORADO SPRINGS, THE CITY OF COMMERCE CITY, THE CITY
AND COUNTY OF DENVER, THE DOUGLAS COUNTY SHERIFF’S OFFICE,
THE CITY OF GRAND JUNCTION, THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF JEFFERSON, THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF MESA, AND ANY OTHER
ENTITIES OR AGENCIES THAT CHOOSE TO JOIN AND SIGN THE
INTERGOVERNMENTAL AGREEMENT FOR THE FORMATION OF THE
COLORADO INFORMATION SHARING CONSORTIUM
SUMMARY:
Attached is an Ordinance for the approval of an intergovernmental agreement between multiple
law enforcement agencies and municipalities in Colorado for the formation of the Colorado
Information Sharing Consortium (“Consortium”) the purpose of which is to facilitate the sharing
of criminal justice data and information between the member organizations with the use of
proprietary “CopLink” software.
PREVIOUS COUNCIL ACTION:
On December 28, 2009 City Council passed and approved Ordinance No. 8121, which
approved a Memorandum of Understanding by and between numerous police and sheriff’s
departments throughout Colorado for the sharing of criminal justice information and data using
proprietary “CopLink” software. On December 28, 2009, City Council passed and approved
Resolution No. 11775, which approved an agreement between the City of Pueblo and
Knowledge Computing Corporation for the provision of the software licensing, services,
maintenance, and support for the “CopLink” software to enable the City to participate in the
Memorandum of Understanding. Initial costs associated with this Memorandum of
Understanding and the “CopLink” software were paid by the Colorado Division of Criminal
Justice 2009 Edward Byrne Memorial Justice Assistance Recovery Act Grant.
BACKGROUND:
Numerous police and sheriff’s departments, as well as other law enforcement agencies
throughout Colorado have come together in a consortium for the purpose of computerized
sharing of criminal justice information. The consortium has been operating for some time, using
proprietary “CopLink” software supplied by Knowledge Computing Corporation (“KCC”) in order
to share data among agencies.
Until now, this sharing of information was done loosely with the help of volunteers from the
member agencies to manage and facilitate the cooperation of the different departments. As the
number of participating agencies grew, the time and resources that the managing organizations
had to contribute became overwhelming. Believing this to be an important resource, the
member agencies opted to create a formal consortium with the ability to hire an employee(s) to
manage and facilitate the service rather than discontinue the service.
Membership in the Consortium is voluntary. The City of Pueblo may maintain its contract with
KCC for the “CopLink” software and maintenance without joining the Consortium; however, the
City of Pueblo would then not be able to take advantage of the network of relationships
established by the Consortium. Maintaining these relationships enhances the usefulness of the
“CopLink” software and can save hours in solving crimes.
FINANCIAL IMPLICATIONS:
The estimated cost for participating in the Consortium for 2015 is between $13,556 and $14,704
and will be paid out of the 911 Surcharge Fund.
BOARD/COMMISSION RECOMMENDATION:
N/A
STAKEHOLDER PROCESS:
N/A
ALTERNATIVES:
City Council may opt out of the Consortium.
RECOMMENDATION:
The Police Department recommends approval of the Ordinance.
Attachments:
Intergovernmental Agreement of the Colorado Information Sharing Consortium
is attached.
INTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIUM
TABLE OF CONTENTS
RECITALS
DEFINITIONS
01. Definitions 2
CREATION OF THE COLORADO INFORMATION SHARING CONSORTIUM
02. Creation of the CISC 2
03. Principal Place of Business 2
04. CISC Purpose 3
DATA SHARING AGREEMENT
05. Data Sharing 3
06. Data Use 3
07. Personnel Authorized to Access Data 3
08. Data Security 3
09. Data Custody and Control 3
10. Data Accuracy 3
11. Intelligence Information 3
POWERS OF THE COLORADO INFORMATION SHARING CONSORTIUM
12. Powers of the CISC 4
13. Restrictions on Powers of the CISC 4
BOARD OF DIRECTORS
14. Board of Directors 5
15. Number of Directors, Term, and Term Limits 5
16. Eligibility, Appointment, Removal, and Vacancies 5
17. Compensation 5
18. Action of the Board at a Meeting 5
19. Committees 6
20. Alternates and Absentee Voting 6
21. Representative's Right to Attend Meetings 6
MANAGEMENT OF THE CISC
22. CISC Manager 6
23. Additional Assistance from Assigned Employees 7
FINANCIAL
24. Deposits and Expenditures 8
25. Fiscal Agent 8
26. Fiscal Year 8
27. No Multiple Year Fiscal Obligations 8
RIGHTS OF PARTIES
28. No Duty to Pay Membership, Annual, or Other Fees 8
29. Voluntary Assumption of Debts 8
30. Financial Responsibility 8
Intergovernmental Agreement of the Colorado Information Sharing Consortium
ii
31. Examination of Records 8
32. Addition of New Parties 9
33. Right to Terminate Participation 9
GENERAL PROVISIONS
34. Amendments 9
35. Construction and Interpretation 9
36. Duplicate Counterparts 9
37. Entire Agreement 10
38. Governing Law 10
39. Indemnification 10
40. Mediation 10
41. No Third-Party Beneficiaries 10
42. Severability 10
43. Term 10
44. Termination 10
Intergovernmental Agreement of the Colorado Information Sharing Consortium
lii
INTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIUM
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is effective as of
the [ ] day of[ ], 2014 (the "Effective Date," as further
defined below) by and between the Adams County Sheriff's Office, the Arapahoe County
Sheriffs Office, the City of Aurora, the Colorado Department of Public Safety of the State of
Colorado, the City of Colorado Springs, the City of Commerce City, the City and County of
Denver, the Douglas County Sheriffs Office, the City of Grand Junction, the Board of County
Commissioners of the County of Jefferson, the Board of County Commissioners of the County of
Mesa, and all other entities or agencies that sign this Agreement consistent with the requirements
herein (individually a "Party" and collectively the "Parties").
RECITALS
WHEREAS, the Parties are each authorized to lawfully provide, establish, maintain, and
operate law enforcement services;
WHEREAS, Part 2 of Article 1, Title 29 of the Colorado Revised Statutes (the "C.R.S.")
encourages and authorizes intergovernmental agreements for the joint and cooperative provision
of public services;
WHEREAS, C.R.S. § 29-1-203 authorizes governments to cooperate and contract with one
another to provide any function, service, or facility lawfully authorized to each and to establish a
separate legal entity to do so;
WHEREAS, 21 U.S.C. § 873 and regulations promulgated thereunder authorize certain
agencies within the Federal government to cooperate with local, state, tribal, and Federal
agencies for the purpose of exchanging certain information;
WHEREAS, the Parties, along with other Colorado law enforcement entities, have
previously entered into a nonbinding and voluntary memorandum of understanding (the "MOU")
to jointly develop the statewide Colorado Information Sharing Consortium (the "CISC") with the
purpose and intent of sharing law enforcement information, primarily through a software product
known as COPLINK;
WHEREAS, the Parties, along with the other signatories of the MOU, have determined that
it is in the public's best interest to formalize the CISC into a legal entity in order to permit the
CISC to enter into contracts and utilize economies of scale for the purchase of future services,
products, and maintenance and to enter into information sharing agreements with jurisdictions
outside the State of Colorado;
WHEREAS, the Parties and other signatories of the MOU have agreed to organize and
operate a separate legal entity pursuant to C.R.S. § 29-1-203(4), which shall be known as the
Colorado Information Sharing Consortium; and .
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 1 of 16
WHEREAS, the Parties intend for other entities or agencies to join as Parties to this
Agreement by signing a separate signature page to this Agreement consistent with the
requirements herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties hereby agree as follows:
DEFINITIONS
1. Definitions. In addition to the above defined terms, the following terms shall have the
meaning ascribed to them.
a. "Assigned Employee" shall mean a Party's employee assigned to work full- or
part-time on behalf of the CISC.
b. "Board" shall mean the Board of Directors of the CISC.
c. "Data" shall mean facts, detailed information, police report narratives,
supplemental report narratives, other text-related information as determined and released
by each Party's internal information sharing policy, and other materials provided by a
Party to the CISC. "Data" shall not mean Intelligence Information (defined below).
d. "Director" shall mean a director on the Board of the CISC.
e. "Effective Date" shall be the date written in the preamble, which shall be the date
on which the sixth Party signed this Agreement.
f. "Intelligence Information" shall mean evaluated data relevant to the identification
of criminal activity engaged in by an individual or organization reasonably suspected of
involvement in criminal activity that meets criminal intelligence system submission
criteria as set forth in Part 23 of Title 28 of the Code of Federal Regulations. Intelligence
Information is a criminal justice record pursuant to C.R.S. § 24-72-302(4).
g. "Manager" shall mean a person who is assigned to manage the day-to-day
operations of the CISC.
h. "Representative" shall mean the chief law enforcement officer of each Party or
the person designated by the chief law enforcement officer of each Party.
CREATION OF THE COLORADO INFORMATION SHARING CONSORTIUM
2. Creation of the CISC. Pursuant to C.R.S. § 29-1-203(4), the Parties hereby create a
separate legal entity known as the Colorado Information Sharing Consortium, or CISC, which
shall have the powers, authorities, duties, privileges, immunities, rights, and responsibilities as
set forth herein.
3. Principal Place of Business. The principal place of business of the CISC shall be 15001
East Alameda Parkway, Aurora, CO 80012, unless and until otherwise established from time to
time by the Board.
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 2 of 16
4. CISC Purpose. The purpose of the CISC is to facilitate the sharing of Data and
Intelligence Information between the Parties and non-Party governmental entities and agencies
authorized by the Board.
DATA SHARING AGREEMENT
5. Data Sharing. Each Party shall share Data with the Parties and with non-Party
governmental entities or agencies authorized by the Board.
6. Data Use. Shared Data shall only be used for law enforcement purposes consistent with
the welfare and protection of the general public.
7. Personnel Authorized to Access Data. Only the Parties' employees and employees of
non-Party governmental entities or agencies authorized by the Board shall be allowed to access
the Data. All persons with access to the Data must first pass an adequate background screen. The
Board shall determine what constitutes an adequate background screen for the purpose of access
to Data.
8. Data Security. The Parties and any non-Party governmental entities or agencies
authorized by the Board shall maintain, enforce, and follow security requirements for the Data as
specified by the Board, including requirements on network configuration and network access.
9. Data Custody and Control. Each Party shall retain custody and control and shall remain
the official custodian of any Data shared by that Party. The CISC shall not have custody and
control and shall not be the official custodian of any Data. The CISC shall not release any Data
pursuant to a request under Part 2 or Part 3 of Article 72, Title 24, C.R.S. or pursuant to a
subpoena unless specifically ordered to do so by a court of competent jurisdiction.
10. Data Accuracy. The Parties understand that the Data shared by the Parties may not be
accurate. The Board may set standards and requirements for Parties to correct inaccurate Data.
11. Intelligence Information.
a. No Obligation to Share. No Party shall be required to share Intelligence
Information and may deny a request to share Intelligence Information for any reason.
b. Standard for Sharing. When Intelligence Information is disseminated through the
CISC, it shall be disseminated consistent with Part 23 of Title 28 of the Code of Federal
Regulations.
c. Policies and Procedures. The Board may set policies and procedures regarding
Intelligence Information use, receipt, maintenance, security, and dissemination not
inconsistent with Part 23 of Title 28 of the Code of Federal Regulations.
d. Intelligence Information Custody and Control. All Intelligence Information shall
remain the sole proprietary information of the Party contributing that Intelligence
Information. Each Party shall retain custody and control and shall remain the official
custodian of any Intelligence Information shared by that Party. The CISC shall not have
custody and control and shall not be the official custodian of any Intelligence
Information. The CISC shall not release any Intelligence Information pursuant to a
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 3 of 16
request under Part 2 or Part 3 of Article 72, Title 24, C.R.S. or pursuant to a subpoena
unless specifically ordered to do so by a court of competent jurisdiction.
POWERS OF THE COLORADO INFORMATION SHARING CONSORTIUM
12. Powers of the CISC. In order to enable the CISC to carry out its functions and provide the
services described herein, the CISC shall have the power:
a. Acquire Property. To acquire, hold, lease (as lessor or lessee), sell, or otherwise
dispose of any legal or equitable interest in real or personal property;
b. Add Parties. To approve other governmental entities or agencies authorized to
lawfully provide, establish, maintain, or operate law enforcement services to join the
CISC on the conditions determined by the Board;
c. Adopt Rules and Regulations. To adopt rules and regulations regarding the
exercise of its powers and the carrying out of its purposes;
d. Apply for Grants. To apply for and receive grants in its own name;
e. Conduct Business. To conduct its business and affairs for the benefit of the Parties
and their residents;
f. Contract. To enter into, make, and perform contracts of every kind;
g. Engage Agents. To engage, employ, or appoint agents, including but not limited
to accountants, architects, attorneys, consultants, employees, engineers, and managers
and to pay the direct and indirect reasonable costs of such agents for services rendered to
the CISC;
h. Fees and Charges. To assess, fix, maintain, and revise fees and charges for
functions, services, or facilities provided by the CISC or to cover the cost of operating
and managing the CISC; however, pursuant to paragraph 28, neither the CISC nor any
Party shall have the power to compel a Party to pay any fees, rates, or charges;
i. Incur Debt. To incur debts and obligations, deliver bonds or notes for monies
borrowed or other obligations of the CISC, and to secure the payment of such bonds or
obligations, except that no party shall be liable for any debts or obligations of the CISC;
j. Legal Process. To litigate, arbitrate, or mediate in its own name;
k. Receive Contributions. To receive contributions of gifts, grants, or services; and
I. Terminate a Party's Participation in this Agreement. To terminate or limit a
Party's participation in this Agreement.
13. Restrictions on Powers of the CISC. The CISC shall not have the power:
a. Eminent Domain. To take property by eminent domain;
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 4 of 16
L
b. Obligate Payment. To obligate a Party to pay any money to the CISC or to
another Party, except that the CISC may enter into contracts with Parties for the payment
of money; or
c. Tax. To impose taxes.
BOARD OF DIRECTORS
14. Board of Directors. The governing body of the CISC shall be the Board, in which all
administrative and legislative power of the CISC is vested. The purpose of the Board is to set
policy for the CISC and decide important issues of the CISC.
15. Number of Directors, Term, and Term Limits. There shall be eleven (1 1) Directors on the
Board. Six(6) Directors shall have terms that expire on March 31 of every even numbered year.
Five (5) Directors shall have terms that expire on March 31 of every odd numbered year. There
shall be no limit to the number of terms an individual may serve as a Director.
16. Eligibility, Appointment, Removal, and Vacancies. Each Director must be an employee
of a Party. If a Director is no longer employed by a Party, the Director shall no longer be a
Director. A Director may resign at any time and for any reason by giving two weeks prior written
notice to the Board. A vacant Director position shall be filled by majority vote of the
Representatives as soon as practicable.
a. Initial Appointment. The initial Directors shall be appointed by the
Representatives of the eleven named Parties listed in the preamble of this Agreement.
The Representatives of the first six(6) named Parties that agree to and sign this
Agreement shall each appoint one Director, whose terms shall expire on March 31, 2016.
The Representatives of the next five (5) named Parties that agree to and sign this
Agreement shall each appoint one Director, whose terms shall expire on March 31, 2015.
b. Subsequent Appointment. After the initial Directors' terms expire, all subsequent
Directors shall be appointed by a majority vote of the Representatives.
17. Compensation. A Director shall not receive compensation for the Director's service to the
CISC. The Board may provide for reimbursement to a Director, Representative, or other person
for actual and reasonable expenses incurred while performing duties for the CISC. At no time
shall a Director or a Representative be considered an employee of the CISC.
18. Action by the Board at a Meeting. Meetings of the Board may be held at any place that a
majority of the Directors on the Board may determine. Directors may attend the meeting in
person or by conference telephone or similar communications equipment, and such participation
at a meeting shall constitute attendance. The following rules shall apply.
a. Quorum. The attendance of at least a majority of the Directors of the Board shall
constitute a quorum for the transaction of business.
b. Voting. The affirmative vote of a majority of the Directors on the Board that are
present at any meeting at which there is a quorum shall be an act of the Board, unless a
supermajority is specified herein or by rules adopted by the Board.
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 5 of 16
c. Minutes. Minutes of each meeting and a record of each decision shall be kept by
the Board.
19. Committees. The Board may designate one or more committees that shall serve at the
pleasure of the Board. Any committees shall have the powers and responsibilities granted by the
Board to that committee.
20. Alternates and Absentee Voting. A Director may appoint an alternate who will have the
same voting rights as the Director when participating in Board meetings in the absence of the
Director. Alternates must be employed by a Party. Absentee voting, where a Director votes
without attending a meeting (whether in person or by other communications equipment) or
without appointing an alternate, is not allowed.
21. Representative's Right to Attend Meetings. Each Representative, or an alternate, shall
have the right to attend, whether in person or by conference telephone or similar communications
equipment, any meeting of the Board and to voice opinions on any matter concerning the CISC.
MANAGEMENT OF THE CISC
22. CISC Manager.
a. Appointment. Upon request from the Board, the Representatives shall jointly
nominate one or more persons to be the Manager and submit those persons' names to the
Board. Based on those nominations, the Board shall select one or more persons to be the
Manager. The appointment of a Manager shall be contingent upon the approval of the
Representative of the Party employing the Manager.
b. CISC Manager. The Manager shall manage the day-to-day operations of the CISC
and undertake and execute the Board's instructions and directions. The Manager shall
have the administrative authority necessary to perform the tasks and responsibilities
assigned pursuant to this Agreement. The Board may grant to the Manager any additional
administrative authority as the Board deems necessary. The Manager shall attend all
meetings of the Board and follow the Board's instructions and directions.
c. Eligibility and Employment. The person(s) serving as the Manager must be an
employee of a Party at all times during that person's tenure as the Manager. The Manager
shall not be considered an employee of the CISC. The Board may hire an employee of the
CISC under terms written and negotiated by the Board to perform the duties of the
Manager under the supervision and direction of the Board.
d. Term. The Manager's term is expected to last for two (2) years, but the actual
length (whether longer or shorter) shall be determined by agreement between the Board
and the Representative of the Party employing the Manager. Whether the Manager works
full- or part-time on CISC matters shall be determined by agreement between the Board
and the Representative of the Party employing the Manager. The Board may remove the
Manager at any time and for any reason. The Representative of the Party employing the
Manager may recall the Manager at any time and for any reason by giving sixty(60) days
prior written notice to the Board, unless the Representative and the Board agree to other
notification requirements.
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 6 of 16
e. Compensation. The Party employing the Manager shall bear the full cost of the
Manager. The CISC shall not be obligated to reimburse the Party employing the Manager
for the cost of the Manager. However, the Board may assess an annual fee on the Parties
to reimburse the Party employing the Manager (or the CISC, if the CISC hires an
employee to perform the duties of the Manager) for all or part of the costs associated with
employing the Manager. As is stated in paragraph 28 of this Agreement, and consistent
with that paragraph, no Party is obligated to pay any annual fees but may be denied
access to the CISC or face other non-monetary penalties.
23. Additional Assistance from Assigned Employees.
a. Appointment. The Board may seek an Assigned Employee from the Parties. Upon
request from the Board, any Representative may volunteer one or more Assigned
Employees to work full- or part-time on behalf of the CISC. The Board may accept or
decline the person volunteered to become an Assigned Employee.
b. Assigned Employees. Each Assigned Employee shall work under the supervision
and direction of the Manager. Each Assigned Employee shall have the administrative
authority necessary to undertake and execute the tasks and responsibilities assigned by
the Manager and the Board. The Board may grant to any Assigned Employee any
additional administrative authority as the Board deems necessary. An Assigned
Employee shall attend meetings of the Board if and when the Board or the Manager
requests that Assigned Employee's presence.
c. Eligibility and Employment. Any person serving as an Assigned Employee must
be an employee of a Party at all times during that person's tenure as an Assigned
Employee. The Assigned Employee shall not be considered an employee of the CISC.
The Board may hire one or more full- or part-time employees of the CISC under terms
written and negotiated by the Board to work under the supervision and direction of the
Manager and the Board.
d. Term. The Assigned Employee's term shall be determined by agreement between
the Board and the Representative of the Party employing the Assigned Employee.
Whether the Assigned Employee works full- or part-time on CISC matters shall be
determined by agreement between the Board and the Representative of the Party
employing the Assigned Employee. The Board may remove the Assigned Employee at
any time and for any reason. The Representative of the Party employing the Assigned
Employee may recall the Assigned Employee at any time and for any reason by giving
thirty(30) days prior written notice to the Board, unless the Representative and the Board
agree to other notification requirements.
e. Compensation. The Party employing an Assigned Employee shall bear the full
cost of that Assigned Employee. The CISC shall not be obligated to reimburse the Party
employing the Assigned Employee for the cost of the Assigned Employee. However, the
Board may assess an annual fee on the Parties to reimburse the Party employing the
Assigned Employee (or the CISC, if the CISC employs an employee to perform the
duties of the Assigned Employee) for all or part of the costs associated with employing
the Assigned Employee. As is stated in paragraph 28 of this Agreement, and consistent
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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with that paragraph, no Party is obligated to pay any annual fees but may be denied
access to the CISC or face other non-monetary penalties.
FINANCIAL
24. Deposits and Expenditures. All funds of the CISC shall be deposited to the credit of the
CISC in an interest bearing account. No payments or withdrawals of such funds in an amount
over five hundred dollars ($500) shall be allowed without prior approval of the Board and the
written authorization of two (2) Directors. Payments or withdrawals of such funds in amounts up
to and including five hundred dollars ($500) may be authorized by the Manager.
25. Fiscal Agent. The Board may request that a Party or other entity be the fiscal agent for
the CISC.
26. Fiscal Year. The fiscal year of the CISC shall be January 1 through December 31 of each
year.
27. No Multiple Year Fiscal Obligations. The Parties do not intend to create a multiple year
fiscal obligation for any Party by virtue of this Agreement. The Parties acknowledge that any
future monetary obligations of any Party are subject to sufficient appropriations by each Party
and such appropriations are not guaranteed to be made.
RIGHTS OF PARTIES
28. No Duty to Pay Membership, Annual, or Other Fees. No Party shall be required by this
Agreement to pay any membership, annual, or other fees or charges imposed by the Board. The
sole remedy for the failure of a Party to pay any fees or charges shall be, at the Board's
discretion, (a) exclusion from the CISC, (b) denial of Data and Intelligence Information sharing
with other Parties through the CISC, (c) loss of any or all of the privileges and rights of a Party,
(d)termination of the non-paying Party's participation in this Agreement, or (e) any combination
of the foregoing as determined by the Board.
29. Voluntary Assumption of Debts. A Party may voluntarily elect to be liable, in whole or in
part, for any or all of the debts, liabilities, or obligations of the CISC at the sole discretion of that
Party.
30. Financial Responsibility. The CISC shall not be required to pay any Party's costs
associated with acquiring or maintaining any hardware or licensed software necessary for that
Party to participate in the CISC. The Board may agree to pay for expenses incurred by a Party
that, in furtherance of the CISC's purposes, (a) maintains goods for use by other Parties or
(b) provides services to other Parties.
31. Examination of Records. Any authorized agent of a Party, including an authorized auditor
or his or her representative, has the right to access and the right to examine any pertinent fiscal
books, documents, papers, and records of the CISC involving fiscal transactions for three (3)
years after the date of the fiscal transaction.
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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32. Addition of New Parties.
a. Law Enforcement Requirement. All Parties, and any entity or agency that
becomes a Party, must be governmental entities or agencies that are authorized to
lawfully provide, establish, maintain, and operate law enforcement services.
b. Signatories of the MOU. All entities and agencies that signed the MOU prior to
the Effective Date are vested with approval to become Parties by signing a separate
signature page to this Agreement that states that the new Party agrees to the terms and
conditions of this Agreement. Upon delivery of the signed signature page to the Manager,
satisfaction of any conditions imposed by the Board, and payment of any CISC
membership fees, if applicable, such entity or agency shall be a Party.
c. Non-Signatories of the MOU. Any entity or agency that did not sign the MOU
prior to the Effective Date may become a Party by (i) gaining approval of the Board and
(ii) signing a separate signature page to this Agreement that states that the new Party
agrees to the terms and conditions of this Agreement. Upon delivery of the signed
signature page to the Manager, satisfaction of any conditions imposed by the Board, and
payment of any CISC membership fees, if applicable, such entity or agency shall be a
Party.
d. CISC Membership Fee. Any entity or agency that signed the MOU prior to the
Effective Date and paid a CISC membership fee at that time shall not be required to pay
an additional membership fee in order to join the CISC. Any entity or agency that
(i) signed the MOU prior to the Effective Date but did not pay a CISC membership fee at
the time or(ii) did not sign the MOU prior to the Effective Date may be required to pay a
CISC membership fee in an amount determined by the Board as a condition of becoming
a Party.
33. Right to Terminate Participation. A Party may terminate its participation in this
Agreement by giving written notice to the Board at least sixty(60) days prior to the date of
termination, unless the Board and a specific Party have agreed on a different notice period.
GENERAL PROVISIONS
34. Amendments. This Agreement shall not be amended unless seventy-five percent (75%)of
the Representatives approve such amendment in writing. The sole remedy for any Party that
disagrees with any amendments is to terminate its participation in this Agreement.
35. Construction and Interpretation. The table of contents and the section and other headings
and subheadings contained in this Agreement are solely for the purpose of reference, are not part
of the agreement of the Parties, and shall not in any way affect the meaning or interpretation of
this Agreement.
36. Duplicate Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be considered an original. The signature of any Party to any counterpart shall
be deemed a signature to, and may be appended to, any other counterpart.
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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37. Entire Agreement. This Agreement embodies the entire understanding and agreement
among the Parties concerning the CISC and supersedes any and all prior negotiations,
understandings, or agreements, including the MOU.
38. Governing Law. This Agreement shall be governed by and construed under the laws of
the State of Colorado to the extent not inconsistent with Federal law.
39. Indemnification. Without waiving the protections, limitations, and requirements of the
Colorado Governmental Immunity Act in Article 10, Title 24, C.R.S., each Director,
Representative, Manager, Assigned Employee, officer, agent, and volunteer shall be provided
with a legal defense and indemnification as provided by that person's employer to the extent not
inconsistent with Federal law.
40. Mediation. In the event of a dispute between the Parties regarding the interpretation of
this Agreement or regarding any issue arising under this Agreement, the Parties hereby agree to
the following mediation procedure. First, the disagreeing Parties will submit the issue to the
Representatives, who will mediate the disagreement and try to devise an acceptable solution. If
that process fails, the disagreeing Parties will submit the issue to the highest elected officials of
each Party(e.g., the Mayor of a city or the County Commissioners of a county) who will mediate
the disagreement and try to devise an acceptable solution. The highest elected official of each
Party may approve a designee to mediate on behalf of that Party. The Parties agree to mediate in
good faith. If any disagreeing Party requests a mediator, the disagreeing Parties shall jointly
select a mediator and share the cost of the mediator equally. Decisions by the Board are not
subject to mediation. This paragraph shall apply to the extent not inconsistent with Federal law.
41. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any
third-party benefits or beneficiaries or create a right or cause of action for the enforcement of this
Agreement's terms in any entity or person not a Party to this Agreement including any agents,
employees, officers, or volunteers of any Party or any entity with whom the CISC contracts.
42. Severability. In the event that any of the terms, covenants, or conditions of this
Agreement or their application shall be held invalid as to any Party, entity, or person by a court
of competent jurisdiction, (a)the remainder of this Agreement shall not be affected thereby,
(b) such determination shall not affect or impair the validity or enforceability of any other
provision, and (c)the remaining provisions shall be interpreted and applied so far as possible to
reflect the original intent and purpose of this Agreement.
43. Term. The term of this Agreement shall be unlimited and shall extend until terminated as
provided herein.
44. Termination. This Agreement may be terminated upon agreement in writing of seventy-
five percent (75%) of the Representatives. Upon termination of the CISC, any monetary funds
held by the CISC shall be distributed, after paying the debts and obligations of the CISC, to the
Parties proportionate with the number of sworn law enforcement officers employed by each
Party. Additionally, upon termination of the CISC, any non-monetary assets shall become the
property of the Party in possession of those assets.
[SIGNATURE PAGES TO FOLLOW]
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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The Board of County Commissioners of the County of Mesa
By:
Name:
Title:
Date:
Attest:
Name:
The City of Pueblo
By: ,..074()061(..a9e662.6
Name: Sandra K. Daff
Title: President of the City Council
Date: August 25, 2014
Attest:
Name: Gina Dutcher, City Clerk
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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