HomeMy WebLinkAboutResolution 2014-0025CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 25
Series of 2014
TITLE: A RESOLUTION APPROVING THE INTERGOVERNMENTAL
AGREEMENT OF THE COLORADO INFORMATION SHARING
CONSORTIUM
WHEREAS, the City of Wheat Ridge , Colorado (the City), acting through its City
Council ("Council ") is a home rule municipality with statutory and constitutional authority
to enact ordinances and enter into agreements for protection of the public health , safety
and welfare; and
WHEREAS, C.R.S . § 29-1-203 authorizes Colorado local governments to
cooperate and contract with one another to provide functions and services and to
establish separate legal entities in connection therewith ; and
WHEREAS, the City previously entered into a memorandum of understanding
with other Colorado local jurisdictions and law enforcement entities to establish the
statewide Colorado Information Sharing Consortium (CISC), the purpose of which is to
share law enforcement information among the parties; and
WHEREAS, the parties to said memorandum of understanding have determined
that it is now desirable and appropriate to establish the CISC as a separate legal entity
to, among other things , permit the entity to enter into contracts , apply for grants and
manage its personnel ; and
WHEREAS , the Council fi nds and determines that the sharing of law
enforcement information through the CISC is a valuable public safety resource and that
it is therefore desirable for the City to continue as a member of the CISC as it transitions
to and functions as a separate legal entity; and
WHEREAS . the Council therefore desires to approve the Intergovernmental
Agreement of the Colorado Information Sharing Consortium and thereby permit the
City's continued participation in said entity; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance , to enter into contracts or agreements with
other governmental units.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The attached Intergovernmental Agreement of the Colorado Information Sharing
Consortium is hereby approved . The Mayor and City Clerk are authorized to execute
the same .
DONE AND RESOLVED t his 141h day of April , 201 4 . ,...,
c__;.
2
SEPARATE SIGNATURE PAGE
TO THE
I NTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIL.:M
B y signing this separate s ignature page to the Intergovernmental Agreement of the
Colorado Information Sharing Consortium (the "Agreemenf'), the undersig ned agrees to be
bound by the tenns and conditions of the Agreement. Consistent with paragraph 32 of the
Agreement. upon delivery of this signed s ignature page to the Manager of the CISC. satisfact ion
of any conditions imposed by the Board. if appl icab le, and payment of any C ISC members hip
fees, if appli cable, the undersigned shall be a Party to the Agreement with a ll the rights and
responsibilities thereunder . This s ignature page shaH be appended to the Agreement and s hall
become part of the Agreement as ofthe date listed below.
Name of Entity: CITY OF WHEAT RIDGE
//
'l.' Name: Joyce Jay
Title: Mayor
Date: April 14. 20 14
Attest: /J.e. .Jj_ J Jo!lzQ _14-IJ.f i
Name: Janelle Shaver
Int ergo vernmental Agreement of the Colorado Informal ion Sharing Consorlium
Separate Signature Page
INTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIUM
REClTALS
OEFlNITIONS
TABLE OF CONTENTS
QL Definitions ........................................................................................................ 2
CREATI ON OF THE COLORADO INFORMATI ON SHARI NG CONSORTI U\1
02. Creation of the CISC ......................................................................................... 2
03. Principal Place of Business ............................................................................... 2
04. CISC Purpose ................................................................................................... 3
DATA S H AR I NG AGREEMENT
05. Data Sharing ..................................................................................................... 3
~ Data Use ........................................................................................................... 3
07. Personnel Authorized to Access Data ................................................................ 3
Q.a. Data Security .................................................................................................... 3
09. Data Custodv and Control.. ............................................................................... 3
~ Data Accuracy .................................................................................................. 3
.LL Intelligence Information .................................................................................... 3
POWERS OF T ilE COLORADO INFOR.~TION SHARING CONSORTI UM
~ Powers of the CJSC ........................................................................................... 4
U Restrictions on Powers of the CISC ................................................................... 4
BOARD OF D I RECTORS
~ Board o f Directors ............................................................................................. 5
15. Number of Directors, Term. and Term Limits ................................................... 5
l.Q. Eligibility, Appointment. RemovaL and Vacancies ............................................ 5
lL Compensation ................................................................................................... 5
~ Action of the Board at a Meeting ....................................................................... 5
~ Co 1nmittees ....................................................................................................... 6
20. Alternates and Absentee Voting ........................................................................ 6
£L Representative's Right to Attend Meetings ........................................................ 6
MANAGEMENT OF THE C JSC
22. CISC Manager .................................................................................................. 6
23. Additional Assistance from Assigned Employees.. ............................................ 7
F I NANCIAL
24. Deposits and Expenditures ................................................................................ 8
25. Fiscal Agent ...................................................................................................... 8
26. Fisc a I Year ........................................................................................................ 8
27. No Multiple Year Fiscal Obligations ................................................................. 8
R I GHTS 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 Consorlilun
ii
1.L Examina ti on of Records .................................................................................... 8
32. Addition ofNew Parties .................................................................................... 9
33. Right to Terminate Participation ........................................................................ 9
GENERAL PROVISIONS
34. Amendments ..................................................................................................... 9
3 5. Construc ti o n and Interpret at ion ......................................................................... 9
36. Duplicate Counterparts ...................................................................................... 9
3 7. Entire Agreement . . . . . .. . . . . . . . .. . .. . . .. . .. . .. . . . . . . . .. .. . . . .. . . . . . . . .. . . . .. . .. . . . .. . .. . . . .. . .. . . . . ... .. . .. .. I 0
~ Governing Law ............................................................................................... I 0
39. Indemn ifica ti on ............................................................................................... I 0
40. Mediation ........................................................................................................ I 0
!L No Third-Party Beneficiaries ........................................................................... I 0
42. Seve rability ..................................................................................................... I 0
43. Tenn ............................................................................................................... 10
44. Termination .................................................................................................... I 0
Intergovernmental Agreement of the Colorado Information Sharing Consortium
iii
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 Sheriffs 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
WI !EREAS. the Parties are each authorized to lawfully provide, establish, maintain, and
operate law enforcement services;
WHEREAS, Part 2 of Article I. 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 facilit} lawfull) 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;
WI LER.l:.AS. the Parties, along with the other signatories of the MOU, have determined that
it is in the public's best interest to formalize the CJSC 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-t -203(4). which shall be known as the
Colorado Information Sharing Consortium; and
Intergovernmental AgreemenT of the Colorado Informal ion Sharing Consortium
Page I of 16
WHEREA S, th e Parti es intend for other entities or agencies to join as Parties to this
Ag reement by signing a separate signature page to this Ag reemen t consistent with the
requirements herein.
NOW, THEREFORE, fo r good and valuab le conside ration, the receipt and adeq ua cy of
which is hereby ack nowledged, the Parti es hereby agree as follows:
DEFINITIONS
1. Definitions. In addition to the above defined terms , the follow ing terms shall have the
meani ng ascribed to them.
a. "Ass igned Employee•· sha ll mean a Party 's emp loyee assig ned to wo rk full-or
part-time o n be half of the CISC.
b. ·'Board'' shall mean the Board of Directors of the CIS C.
c. ..Data'' shall mean facts, detailed information, police report narratives,
supp lemen ta l report nanatives, o ther text-re lated information as determined and released
by each Party 's internal information sharin g policy, and other material s provided by a
Party to the ClSC. ·'Data·· sha ll not mean Intelligence Info rmation (defined be low).
d. ·'Director"' shall me an a direct or on the Board of the CISC.
e. ''Effect ive Dat e•· sha ll be the date written in the preamble, which shall be the date
on whic h the sixt h Party sig ned thi s Agreement.
f. ''Inte lli ge nce Info rmati on'' shall mean evaluated data relevant to t he id e ntifi cation
of crim inal activity engaged in by an individual or organizatio n reas o nably s uspected of
involvement in criminal activity that meets cri minal int e lli gence syst em submi ssion
criteria as se t forth in Part 23 o f Title 28 of th e Code of Federal Regulation s. lnrelli gence
Informatio n is a c riminal justice record pursuant to C.R.S. § 24-72-302( 4).
g. "Manager'' shall mean a person who is assig ned to manage the day-to-day
operati ons o f the CISC.
h. ·'Representative " sha ll mean the chief law enforce ment o fficer of each Party or
the person designated by the c hi ef law enforcement officer of eac h Party.
CREATION OF THE COLORADO INFORMATION SHARING CONSORTIUM
2. Creation of the CISC. Pursua nt to C.R.S. § 29-1-203(4), the Partie s hereby create a
se par ate legal entity known as the Colorado Informati on Sharing Consortium. or ClSC, whic h
shall have the powers, aut horities, duties, privileges, immunities, rights , and re spo nsibilities as
se t fo rth herein.
3 . Prin c ipal Place of Business. The pri ncip a l place of business of the CISC shall be 1500 l
East Alameda Parkwa y. Au rora, CO 80012 , unless and until otherwise esta blished from time to
time by the Board.
fnlergovernmenta/ Agreement of the Colorado information Sharing Consortium
Page 2 of 16
4. ClSC Purpose. The purpose of the CISC is to facilitate the sharing of Data and
Intelligence Information between the Parties and non-Pany governmental entities and agencies
authorized b) the Board.
DATA SHARI NG AGREEMENT
5. Data Sharing. Each Party sha ll 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 Ia"" 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 entit ies or agencies authorized by the Board shall be a ll owed 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 custod) and control and shall remain
the official custodian of any Data shared by that Party. The CJSC 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 th at 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 sha re Intelli gence Information for any reason.
b. Standard for Sharing. When Intelligence Information is disseminated through the
CISC. it shall be disseminated consistent with Pan 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 Federa l Regulations.
d. Intelligence Information Custody and Control. All lntelJi gence Information shall
remain the sole proprietary information of the Party contributing that Intellig ence
Information. Each Party sha ll retain custody and control and sha ll remain the offic ial
custodian of any Intelligence Information sha red 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 In format ion pursuant to a
/nrergovernmenta/ Agreement of the Colorado Information Sharing Consortium
Page 3 of 16
request under Part 2 or Part 3 of Anicle 72, Title 24, C.R.S. o r pursuant to a subpoena
unless specifica ll y ordered to do so by a court of competent jurisdiction.
POWERS OF THE COLORADO INFORMATI ON SHARING CONSORTI UM
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, lea se (as lessor or lessee). sell. o r otherw ise
dispose of any legal or equitable interest in real or personal property:
b. Add Parties. To approve other governmental entities or agencies authorized to
lawfull y provide. establish, maintain , or operate law enforcement services to join the
CJSC on the conditions determined by the Board;
c. Adopt Rules and Regulation s. To adopt rules and regulations regarding the
exercise of its powers and the carrying out of its purposes;
d. Appl) for Grants. To apply for and receive grants in its own name;
e. Conduct Business. To co ndu ct its business and afTairs 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 serv ice s rendered to
the CISC:
h. Fees and Charges. To assess, fix. maintain, and revise fees and charges for
functions, serv ice s, or facilities provided by the CISC o r to cover the cost of operating
and managing the CISC; however. pur suant to paragraph 28, neither the CISC nor any
Party shall have the power to compel a Party to pay any fees, rate s, or charges;
i. In cu r Debt. To incur debts and obligation s. deliver bonds or notes for monies
borrowed or oth er ob ligati o ns of the CISC, and to secure the payment of such bonds o r
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 Co ntributions. To receive contributions of gifts, grants, or serv ice s: and
I. Terminate a Party's Participation in this Agreement. To terminate or limit a
Party's participation in this Agreement.
13. Restri ctions o n Powers of the CISC. The CISC shall not have the power:
a. Eminent Domain. To take property b) eminent domain;
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page o/ of 16
b. Obligate Payment. To obli gate 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
ofmone); 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 le gislative 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. Tenn. and Term Limits. There shall be eleven (II) Directors on the
Board. Six (6) Directors shall have terms th at expire on March 31 of every even numbered year.
Five (5) Directors shall have tenns that expire on March 31 of every odd numbered year. There
shall be no limit to the number oftenns an individual may serve as a Director.
16. Eligibilit y, 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 \\ritten
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, v. hose 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 sha ll expire on March 3 1, 2015.
b. Subsequent Appo intmen t. After the initial Directors' tenns expire, all subsequent
Directors shall be appointed by a majority vote of the Representatives.
17. Compensat ion. 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 emp loyee of the CISC.
18. Action by the Board at a Meeting. Meetings ofthe 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 simi lar communications equ ipment , 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
supermajo rit y is specified herein or by rules adopted by the Board.
Intergovernmental Agreement of the Colorado Informarion 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 emp loyed by a Party. Absentee voting. where a Director votes
"ithout attending a meeting (" hether in person or by other communications equipment) or
without appointing an alternate. is not allowed.
21. Representative's Right to Attend Meetings. Eac h 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 T ilE CISC
22. CISC Manager.
a . Appointment. Upon request from the Board. the Representatives shall jointl}
nominate one or more persons to be th e Manager and submit those persons' names to the
Board. Based on those nominations. the Board shall se lect one o r more persons to be the
Manager. The appointment of a Manager shall be contingent upon the approval of th e
Representative of the Party employing the Manager.
b. CISC Manager. The Manager shall manage the day-to-day operations ofthe CISC
and undertake and execute the Board's instructions and directions. The Manager sha ll
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 th e Board deems necessary. The Manager shall attend all
meetings ofthe Board and follow the Board's instruction s and directions.
c. Eligibilit y 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
sha ll not be considered an employee of the CJSC. The Board may hire an employee of the
CISC under terms wr itten and negotiated by the Board to perform the duties of the
Manager under the supervision and direction of the Board.
d. Term. The Managers term is expected to last for two (2) years, but the ac tu al
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 g iving sixty (60) days
prior written notice to the Board. unless the Representative and the Board agree to other
notification requir ements.
Intergovernmental Agreement of the Colorado Information Sharing Consortium
PC~ge 6 of 16
e. Compensation. The Party employing the Manager shall bear the full cost of the
Manager. The CJSC sha ll not be obl igated to reimburse the Party employing the Manager
for the cost ofthe Manager. However, the Board may assess an annual fee on the Parties
to reimburse the Party employing the Manager (or the CJSC, if the CISC hires an
employee to perform the duties ofthc 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 ob li gated to pay any annual fees but may be denied
access to the CISC or face other non-monetary penalties.
23. Additional Assistance fi-om Assigned Employees.
a. Appointment. The Board may seek an Assigned Employee fi-om the Parties. Upon
reque st from the Boa rd , any Representative may volunteer o ne o r more Assigned
Empl oyees to work full-or part-time on behalf of the CISC. The Board may accept o r
decline th e person volun teered to become an Assigned Employee.
b. Assigned Employees. Each Assigned Employee sha ll work under the su pervi sion
and direction of the Manager. Each Assigned Emp loyee 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 an)' Assigned Employee any
additional administrative authority as the Board deems necessary. An Assigned
Employee shall attend meeting s of the Board if and when the Board o r the Manager
requests that Assigned Employee's presence.
c. Eligibility and Em pl oyment. Any person se rvin g as an Assigned Employee must
be an emp lo yee of a Party at all times during that person's tenure as an Assigned
Employee. The Assigned Emplo yee shall not be considered an employee of the CJSC.
The Board may hire o ne or more full-or part-time employees of the CJSC under terms
wrinen 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 Part y employing the Assigned Employee.
Whether the Assigned Employee works full-o r part-time on CISC matters shall be
determined by agreement between the Board and the Representative of the Party
employing the Assigned Em plo yee. The Board may remove the Assigned Employee at
any time and for any rea so n. The Repre sentative of the Party employing the Assigned
Employee may recall the Assigned Employee at any time and for any reason by giving
thirt y (30) days prior written notice to the Board, unless the Representative and the Board
agree to other notification requirements.
e. Compe nsation. The Party employing an Assigned Employee sha ll bear the full
cost of that Assigned Employee. The CISC shall not be obli gated to reimburse the Party
employing the Assigned Emplo}ee for the cost of the Assigned Employee. However, the
Board may assess an annual fee on the Parties to reimburse the Party employi ng the
Assigned Employee (or the CJSC, if the CJSC 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 /nformaJion Sharing Consortium
Page 7 of 16
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.
F I NANCIAL
24. Deposits and Expenditures. All funds of the CISC shall be deposited to the credit of the
Cl SC in an interest bearing account. No pa) mcnts 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 oftwo (2) Directors. Pa)ments 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 ofthe CISC shall be January I through December 31 of each
year.
27 . No Multiple Year Fiscal ObJjgations. 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.
RICI-ITS OF PA RT I ES
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 ofthe privileges and rights of a Party.
(d) tennination of the non-paying Party's participation in this Agreement, or (e) any combination
of the foregoing as determined by the Board.
29. Vo luntary Assumption of Debts. A Party may voluntarily elect to be liable, in who le or in
part. for any or all of the debts, liabilities, or obligations of the CJSC 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 autho rized agent of a Party. including an autho rized auditor
or his or he r representative. has the right to access and the right to examine any pertinent fiscal
books, documents, papers, and records of the CJSC involving fiscal transactions for three (3)
years after the date of the fiscal transaction.
lntergovermnenlal Agreemenl ofihe Colorado Information Sharing Consorlium
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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 CJSC
membership fees, if app licable. 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 CJSC membership fees. if applicable, such entit) or agency shall be a
Party.
d . CISC Membe rship Fee. Any entity or agency that signed the MOU prior to the
Effective Date and pa id a CISC membership fee at that time sha ll 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 CJSC 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 o n a different notice period.
GENERAL PROV ISIONS
34. Amendments. This Agreement shall not be amended unless seventy-five percent (75%) of
the Representat ives 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 fo r 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 Ag reement.
36. Dup licate 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
Page 9 of 16
37 . Entire Agreement. This Agreement embodies the entire understanding and agreement
among t he Parties concerning the CJSC 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 Jaws of
the State of Co lorado to the extent not inconsistent with Federal la w.
39. Ind emnification. Without waiving the protections, limitations, and requirements of the
Colorado Governmental Immunity Act in Article I 0, 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 wi ll 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 disagreemem 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 Partie s 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 th e enforcement of this
Agreement's terms in any entity or person not a Party to this Agreemen t 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 sha ll be he ld invalid as to any Party, entity, or person by a court
of competent jurisdiction , (a) the remainder of this Agreement sha ll not be affected thereby,
(b) such determination sha ll 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 orig inal intent and purpose of this Agreement.
43. Term. The term ofthis Agreement shall be unlimit ed 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 pa) ing the debts and obligations of the CISC. to the
Parties proportionate with the number of sworn law enfo rcement 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 asse t s.
(SIGNATURE PAGES TO FOLLOW]
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 10 ofl6
IN WITNESS WHEREOF. the Parties have executed this Agreement effective as of the
EfTe ctive Date.
The Adams County Sheriff's Office
By:
Name: Doug Darr
Title: Adams Cou nty Sheriff
Date :
Attest:--------------
Name: ______________ _
The Arapahoe County Shcrifr s Office
By:
Name: David C. Walcher
Title: Arapahoe County Sheriff
Date :
Attest: -----------------
Name: _____________ ___
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Page I I of 16
T he C ity o f Auro ra
By:
Name:
Tit le:
Date:
Attest:--------------
Name: --------------
The Colorado Departm ent of Public Sa fety
By:
Name:
Title:
Date:
Attest:--------------
Name: -----------------
fnlergovernmemal Agreement of the Colorado Information Sharing Consortium
Page 12 of 16
The City of Colorado Springs
By:
Name:
Title:
Date:
Attest: ------------------------------
Name: ------------------------------
The City of Commerce City
By:
Name:
Title:
Date:
Attest: __________________________ _
Name: ____________________________ __
Intergovernmental Agreement of the Colorado lnfonnaJion Sharing Consortium
Page 13 of 16
The C ity and County of Denver
By:
Name:
Title:
Date:
Attest:--------------
Name: -----------------
The Douglas County Sherifrs Office
By:
Name: David Weaver
Til le: Douglas County Sheriff
Date:
Attest:---------------
Name: -----------------
Intergovernmental Agreemem of the Colorado Information Sharing Consortium
Page 14 of 16
The City of Grand Junction
By:
Name:
Title:
Date:
Attest: _____________ _
Name: ------------------------------
The Board of County Commissioners of the County of Jefferson
By:
Name:
Title:
Date :
Attest: ----------------------
Name: ------------------
intergovernmental Agreement of the Colorado Information Sharing Consortium
Page 15 of 16
The Board of County Commissioners ofthe County of Mesa
By:
Name:
Title:
Date:
Attest :---------------
Name: ----------------
lnrergovernmental Agree ment of the Colorado Information Sharing Consortium
Page 16 of 16