HomeMy WebLinkAbout20132353.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF EVIDENCE
STORAGE AND MANAGEMENT SERVICES AND AUTHORIZE CHAIR TO SIGN —
CITY OF GREELEY
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 the
Provision of Evidence Storage and Management Services between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Sheriff's Office, and City of Greeley, commencing upon date of execution, with further 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 the Provision of Evidence Storage
and Management Services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the City of
Greeley 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 19th day of August, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD Cnt kT1(, COLORADO
Weld County Clerk to the Board
BY:
AP
Deputy f3'lerk to the Boa
ouii y Attorney
Date of signaturSEP
e: 0 4 2013
O1:0
William
arbara Kirkmeyer,
Garcia, Chair
6 \ K-�h&S 4LlGck—c)
ugla Rademacher, Pro-Tem
an P. Conway
e Freeman
cc ; GreeleyCks)) C'-4 So
2013-2353
SO0034
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
EVIDENCE STORAGE AND MANAGEMENT SERVICES
THIS AGREEMENT, made and entered into this /9 day of 2013, by and
between the CITY OF GREELEY, by and through the City Council of th City of Greeley,
Colorado (hereinafter referred to as "City" or "Greeley"), and the COUNTY OF WELD,
COLORADO, by and through the Board of County Commissioners of Weld County, Colorado
(hereinafter referred to as "County" or "Weld").
WHEREAS, the operation and maintenance of an evidence storage and property
management program are proper governmental functions of both Greeley and the County; and
WHEREAS, the parties have previously entered into an Intergovernmental Agreement
related to evidence storage and management and the parties desire to enter into a new agreement
to continue their relationship related to these services; and
WHEREAS, this Intergovernmental Agreement ("IGA") is intended to supersede all
prior agreements identified above; and
WHEREAS, it is in the best interest of the people of the City of Greeley and Weld
County, to consolidate the evidence operations of the Weld County Sheriff's Office and the
Greeley Police Department; and
WHEREAS, Greeley and the County are authorized to enter into this IGA, by virtue of
Section 29-1-203, C.R.S.; Article II, Section 2-3 of the Weld County Home Rule Charter; and
Section 3-7 of the City of Greeley Charter.
NOW, THEREFORE, in consideration of the following mutual agreements and
covenants, Greeley and the County hereby agree as follows:
1. This Agreement shall be effective January 1, 2014. City and County agree that this IGA shall
extend for an initial period of two (2) years (24 months). This IGA shall be renewed
automatically for additional twenty four (24) month periods thereafter. Either party may
terminate this IGA by delivering written notice to terminate to the other party at least six (6)
months prior to the intended date of termination.
2. The City agrees to continue to receive, maintain, transfer and release all properly packaged,
documented, reported, and submitted evidence or found property, as defined by Greeley
Police Department directives, from the Weld County Sheriffs Office commencing January 1,
2014, until the termination of this Agreement. This Agreement does not include property
seized by the Weld County Sheriff's Office pursuant to civil process, except in the case of
criminal asset seizure and forfeiture.
3. Property or evidence designated as contraband will be destroyed under audited City
procedures with the approval of the Weld County Sheriff, and non -contraband items not
returned to owners or otherwise legally claimed, shall be sold at auction or released to the
Page 1 of 5 Pages
2013-2353
Sheriffs Office at the Sheriffs discretion. The City will not accept personal use amounts of
marijuana for safe keeping from the Sheriffs Office or its employees. Proceeds of all
property for the Sheriffs Office cases shall be forwarded to the Sheriff with fill accounting
reports.
4. All records associated with evidence and chain of custody for evidence or property submitted
to the Greeley Police Department by the Sheriffs Office shall be maintained by the Greeley
Police Department utilizing the existing Police Department property/evidence storage
system.
5. Weld County Sheriffs Office agrees to continue to utilize the Greeley Police Department's
written directives system governing the packaging, documentation, recording, and
submission of evidence or found property to the Greeley Police Department's
property/evidence unit. The Greeley Police Department shall provide training to the
Sheriffs Office personnel on said procedures.
6. Storage and dispersal of vehicles seized by the Sheriffs Office shall be the responsibility of
the Sheriffs Office. However, indoor City facilities may be used to temporarily store a
vehicle for the purpose of processing the vehicle for evidence under the existing directives,
procedures and processes of the Greeley Police Department.
7. Information Technology Services.
a. City agrees to provide IT services for the Property/Evidence Unit and the costs shall be
incorporated into the costs set forth in Paragraph 10, below.
b. County shall host, manage and maintain the public safety information system including
the evidence management system for the Property/Evidence Unit and the costs shall be
incorporated into the cost allocation formula set forth in Paragraph 10, below.
c. City and County shall enter into shared agency and host agency agreements respectively
with Spillman Technologies, Inc (hereinafter "Spillman"). Such agreements shall
supersede the existing agreement between City and Spillman. County, upon execution of
the host agency agreement, shall control access of non -County entities to the Spillman
system. County shall provide City appropriate and reasonable access to the Spillman
system as listed in 7.d. and shall authorize those individuals listed in 7.d. to contact
Spillman directly to address evidence management issues related to the Spillman System.
d. County shall provide Greeley and its Property/Evidence Unit with appropriate and
reasonable access within the Spillman system, or any successor system, to include, but
not be limited to, the following for the following purposes:
i. Designated representative of Greeley ITfor the purposes of (1) cascading changes to
code tables; (2) changing primary keys on code tables; (3) backup for evidence;
Page 2 of 5 Pages
ii. Evidence Custodian for the purposes of (1) modifying evidence history; (2) cascading
changes to code tables.
e. Automated evidence/property records shall be available to the Weld County Sheriffs
Office. All terminals, hardware, and line costs shall be the sole responsibility of the
County. Software maintenance and training of Sheriffs Office personnel shall be
provided by the County.
8. The City shall accept evidence from the Weld County Sheriffs Office at all regular Greeley
Police Department reception sites.
9. In consideration for acceptance, processing, and storage of County evidence/property by the
Greeley Police Department, the County agrees to pay the City according to the calculation set
forth below.
a. For the first year of this Agreement, the County shall be responsible to pay an amount
equal to 30% of the total budgeted cost for the Greeley Property/Evidence Unit for the
prior year.
b. The City may seek reimbursement from the County for an amount not exceeding 30% of
any amounts that exceeded the budget for the Property/Evidence Unit. The City will be
specifically required to demonstrate how the budget overage is related to the services
provided by the City to the Sheriff.
c. In the event the Property/Evidence Unit expenses are under budget in any year, the
proportionate share will be returned to the County.
d. Property/Evidence Unit costs shall be allocated based upon resources used by each
agency being served. A cost allocation system formula and methodology agreed to by the
City of Greeley Finance Director and Weld County Finance Director shall be applied
annually to allocate costs. The cost allocation amount will be provided to both the City,
County, and Sheriff annually, beginning June, 2014.
10. This Agreement may be terminated upon one hundred and eighty days written notice by
either party. In the event of termination or non -renewal of this Agreement, the City shall
work with the Weld County Sheriffs Office personnel to relocate Sheriffs Office property
or evidence held by the Greeley Police Department.
11. Both the City and County shall maintain control over its employees and personnel regarding
the execution of this Agreement. The employment rights of either City or County personnel
employees shall not be abridged.
12. Each party assumes legal responsibility for its individual actions in the event of any litigation
regarding evidence or property by third parties. Greeley and County agree that in no event
shall either County or Greeley be liable or responsible to each other, or to other persons due
Page 3 of 5 Pages
to any stoppage or delay in work herein provided for, where such stoppages or delays result
from acts of God, fire, war, legal, or equitable proceeding, or any other cause which is
outside the control of Greeley or County.
13. Any written notice to be given hereunder by either party to the other party shall be notified
by certified mail, return receipt requested. Notice to Greeley shall be sufficient if made or
addressed to the Greeley City Manager, 1000 Tenth Street, Greeley, Colorado, 80631. Notice
to County shall be sufficient if made or addressed to the Board of County Commissioners of
Weld County, 1150 O Street, Greeley, Colorado, 80631. Either party may change the address
for notice to it by giving written notice of such change in accordance with the provisions of
this paragraph.
14. This Agreement constitutes the entire Agreement between Greeley and County related to
Evidence Storage and Management Services, and neither Greeley nor County shall be bound
by any requirement which is not specifically stated in this Agreement except to the extent
otherwise specifically specified herein.
15. Any complaint or dispute regarding this Agreement shall be routed to the designated contract
managers for both the City and County for resolution. In the event they are unable to reach a
resolution of any complaint or dispute, the matter shall be resolved by the Weld County
Sheriff and the Greeley Chief of Police.
16. No portion of this IGA shall be deemed to constitute a waiver of any immunities which
Greeley or County or their officers or employees may possess, nor shall any portion of this
IGA be deemed to have created a duty of care on the part of either part to any persons not a
party to this IGA.
17. No portion of this IGA shall be deemed to create an obligation on the part of Greeley or
County to expend funds not otherwise appropriated in each succeeding year.
18. If any section, subsection, paragraph, sentence, clause or phrase of this IGA is for any reason
held or decided to be invalid or unconstitutional, such a decision shall not affect the validity
of the remaining portions. The parties hereto declare that they would have entered into this
IGA and each and every section, subsection, paragraph, sentence, clause, and phrase thereof,
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
19. This IGA shall be interpreted, construed, and governed by the laws of the State of Colorado.
20. Amendments which are consistent with the purposes of this IGA may be made in writing
duly executed by the parties hereto and in accordance with Greeley and County rules and
regulations and all other applicable laws and ordinances.
Page 4 of 5 Pages
IN WITNESS WHEREOF, the parties hereto have signed their signatures on the date
first written above.
CITY OF GREELEY, COLORADO
By:
Tom Norton, Mayor
ATTEST:
Betsy I-lder, City Clerk
APPROVED AS TO LEGAL FORM:
6e/i5
Dou Mare City mey
APPROVED AS TO SUBSTANCE:
By:
anager
COUNTY OF WELD,
COLORADO
By: (
William Garcia, Chairman
Board of County Commissioners
of Weld County, Colorado
ATTEST:
Weld County
By:
arker, Weld County
Attorney
o µ� 043) AUG 19 2013
e'rk to the Board
AVAILABILITY OF FUNDS:
By: �rG3Q4C:i-/
Victoria Runkle, Director of Finance
Page 5 of 5 Pages
7C/3 -iSs3
THE CITY OF GREELEY, COLORADO
RESOLUTION 53 , 2013
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE
PROVISION OF EVIDENCE STORAGE AND MANAGEMENT SERVICES
WHEREAS, the operation and maintenance of an evidence storage and property management
program are proper governmental functions of both Greeley and the County; and
WHEREAS, the parties have previously entered into an Intergovernmental Agreement related to
evidence storage and management and the parties desire to enter into a new agreement to continue their
relationship related to these services; and
WHEREAS, pursuant to this Agreement the City will continue to provide evidence storage and
management services to the County; and
WHEREAS, pursuant to this Agreement the County will be responsible to pay the City for these
services on an annual basis.
WHEREAS, it is in the best interest of the people of the City of Greeley and Weld County, to
consolidate the evidence operations of the Weld County Sheriff's Office and the Greeley Police
Department; and
WHEREAS, Greeley and the County are authorized to enter into this IGA, by virtue of Section
29-1-203, C.R.S.; Article II, Section 2-3 of the Weld County Home Rule Charter; and Section 3-7 of the
City of Greeley Charter.
WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into the
Intergovernmental Agreement with Weld County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO:
1. The City Council hereby authorizes the Mayor to enter into the Intergovernmental Agreement,
attached hereto and incorporated herein as Exhibit "A".
2. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 20th day of
August , 2013.
ATTEST: THE CITY OF GREELEY, COLORADO -
City Clerk1
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