HomeMy WebLinkAbout20083076.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITIES
AND FORENSIC OPERATING GUIDELINES OF THE NORTHERN REGIONAL LAB
GROUP AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement
Regarding Shared Facilities and Forensic Operating Guidelines of the Northern Regional Lab
Group between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, and the Northern
Regional Lab Group, including the City of Greeley Police Department, the City of Loveland Police
Department, the City of Fort Collins Police Services, the Larimer County Sheriff's Office, the 8th
Judicial District Attorney's Office,and the 19th Judicial District Attorney's Office,commencing upon
full execution, with further terms and conditions being as stated in said agreement and guidelines,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
guidelines, 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 Regarding Shared Facilities and Forensic
Operating Guidelines of the Northern Regional Lab Group between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Sheriff's Office, and the Northern Regional Lab Group, including the City of Greeley
Police Department,the City of Loveland Police Department,the City of Fort Collins Police Services,
the Larimer County Sheriffs Office, the 8th Judicial District Attorney's Office, and the 19th Judicial
District Attorney's Office be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement and guidelines.
2008-3076
('(% ; SC SO0029
/02- /-7-c) u
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITIES AND FORENSIC
OPERATING GUIDELINES OF THE NORTHERN REGIONAL LAB GROUP
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
�f 1i�x j
WELD COUNTY, COLORADO
ATTEST: atetil71-11
Wi ' H. Jerke, Chair
We • County Clerk to the - J r'
i
lap I
•� { "i, %Robert D M. ••e , Pro-Tem
Depu Cle to the Board `/
William F. Garcia
APP ' AS T • EXCUSED
David E. Long
ounty Attorney
Dougla Rademach
Date of signature: ID IIOC
2008-3076
SO0029
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITIES
AND FORENSIC OPERATING GUIDELINES OF THE NORTHERN REGIONAL
LAB GROUP
This agreement is made and entered into of this Iq'day of , 2008, by and
between the City of Greeley, a municipal corporation on behalf of the City of Greeley
Police Department (hereinafter"GPD"), the City of Loveland, a municipal corporation on
behalf of the City of Loveland Police Department (hereinafter "LPD"), the City of Fort
Collins, a municipal corporation on behalf of Fort Collins Police Services (Hereinafter
"FCPS"), the Weld County Sheriff's Office (hereinafter "WCSO"), the Larimer County
Sheriffs Office (hereinafter "LCSO"), 8th Judicial District Attorney's Office (hereinafter
"8`h Judicial District Attorney's Office"), and 19`h Judicial District Attorney's Office
(hereinafter "Weld County District Attorney's Office") collectively the "Participating
Agencies," the "Northern Regional Lab Group," or the"NRLG."
Whereas, the Participating Agencies are political subdivisions of the State of
Colorado duly organized and existing in accordance with Colorado law; and
Whereas, pursuant to C.R.S. Section 29-1-203O), the Participating Agencies are
authorized to cooperate with one another to provide any function or service lawfully
authorized to each and are therefore each authorized under C.R.S. Section 29-1-203O) to
enter into this Agreement; and
Whereas, the above-listed Participating Agencies have a shared vision to work
cooperatively to promote improved identification, collection, timeliness, quality,
accuracy, consistency, court delivery and cost effectiveness of forensic services to the
Northern Region of Colorado; and
Whereas, the Participating Agencies recognize that a cooperative and coordinated
multi-agency forensic science user group that includes pooling of resources, information,
expertise, equipment and money is the most effective and efficient way to develop such
vision as it relates to current and future forensic science needs; and
Whereas, the Participating Agencies to this Agreement have previously entered into
an informal Memorandum of Agreement for Participating Agencies providing for
cooperation in forensic services and although such Memorandum of Agreement has been
mutually beneficial, the Participating Agencies wish to formalize their cooperation
through an intergovernmental agreement as provided for by law.
NOW, THEREFORE, in consideration of the Participating Agencies' mutual promises
and agreements contained herein, and other good and valuable consideration, the receipt
of which are hereby acknowledged, the Participating Agencies hereto agree as follows:
L Termination of Prior Intergovernmental Agreements
Those Parties to the Memorandum of Agreement for Participating
Agencies concerning cooperation for forensic services agree that this
Agreement shall replace and supersede in all respects any previous
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2008-3076
agreements between the Parties concerning cooperation for forensic
services.
IL Definitions
A. "HOST AGENCY" means the agency that has authority and control of
the host facility.
B. "Host facility" means the member of the Participating Agencies who
will house the specific forensic discipline.
C. "AGENCY COMMANDERS" shall be an individual or individuals
who have authority within the Participating Agency for command
decisions, as defined by the Participating Agency.
D. "FORENSIC DISCIPLINE" means all criminal justice scientific
procedures for the analysis, comparison, and/or determination of
evidence.
E. "FORENSIC ANALYST" means an individual who is employed by
one of the Participating Agencies and whose duties, in whole or in
part, include practicing in a forensic discipline.
F. "TEAM LEADER" means a person selected by the Board of Directors
to organize and coordinate the work of a forensic discipline team of
the NRLG.
G. "HOST FACILITY MANAGER" means the Agency Commander
where the workers of a forensic discipline are located.
III. Purpose and Scope of Agreement
A. This Agreement establishes an interim system for integrating the
staffing, resource allocation, supervision, and the identification of a
Host Facility for the Forensic Disciplines of the Participating
Agencies, and authorizes the drafting of a constitution, by-laws and
forensic-specific guidelines for each Forensic Discipline that
implement the terms and conditions of this Agreement until such time
as a separate facility is developed for the NRLG.
B. The constitution, by-laws, and forensic-specific guidelines for each
Forensic Discipline shall be created and agreed upon by the
Participating Agencies, pursuant to this Agreement. These documents
shall embody the governance and operation of the NRLG. These
documents, once created, will act in conjunction to this Agreement.
C. This Agreement shall be the controlling document, followed by the
constitution, followed by the by-laws, followed by the forensic-
specific guidelines for each Forensic Discipline.
IV. Staffing
A. Each discipline shall have a Team Leader and Forensic Analysts.
These positions will be filled by the Participating Agencies based on
available staffing, demands, and space within the Host Facility.
B. A Team Leader shall be responsible for managing case flow for each
discipline, assigning case analysis to the Forensic Analysts,
performing laboratory analysis, assisting in peer review, ensuring
consistent work product, assisting in the coordination of training for
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the Forensic Discipline, providing feedback for employee performance
evaluations to the specific Participating Agency's supervisor,
providing leadership to individual Forensic Analysts in technical
procedures and current trends affecting the Forensic Discipline,
coordinating response for mutual aid on major case forensic duties,
and any other duty as agreed upon by NRLG.
C. The Forensic Analysts shall be responsible for analysis per industry
standards and per the operating manual for the Forensic Discipline as
approved by NRLG, shall successfully complete competency
evaluations annually per industry standards, and will be directly
supervised by the Team Leader. Each Participating Agency shall be
responsible for evaluations of their employees with the assistance of
the Team Leader.
D. The size and the staffing within each Forensic Discipline may be
increased or decreased as needed by the Participating Agencies.
E. Participating Agencies may request mutual aid through the team
leader.
V. Employment status
A. All salaries, benefits, overtime, and worker's compensation of
employees assigned pursuant to this Agreement shall continue to be
the responsibility of the respective employing Participating Agency,
and not of the NRLG.
B. No employee shall lose seniority, benefits, and opportunities for
promotion or assignment change in his/her respective departments
solely because of his/her assignment pursuant to this Agreement.
C. The Agency Commanders of a Participating Agency shall retain sole
authority to impose discipline on its respective employees assigned
pursuant to this Agreement. The Agency Commanders may, as
needed, schedule any of its employees for training authorized by its
own department, taking into consideration the employee's needs, its
own department needs, and the needs of the specific Forensic
Discipline.
D. All legal liability, requests for release of criminal justice records, and
any litigation arising from or out of the conduct or performance of
employees assigned to and/or working pursuant to this Agreement
shall be the responsibility of that employee's respective agency.
E. The Participating Agency shall be responsible for any negligent,
reckless, careless, or intentional actions or omissions of its employees.
VI. Resource allocation
A. Any and all capital equipment or capital resources, as defined by the
Participating Agencies procedures, shall remain the property of the
Participating Agency that made the purchase. Such Participating
Agency shall mark and identify the capital equipment per its protocols.
Each Participating Agency shall be responsible for all maintenance,
repairs, service, inspections, updates, and relocating costs of their
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equipment, and shall carry such equipment on all necessary financial
records and inventory records.
B. All day-to-day necessary supplies for the Forensic Discipline shall be
provided and funded by the Participating Agency employing the
Forensic Analyst.
C. All building maintenance, repair, inspections, and service shall be
provided by the Host Agency.
D. A percentage of utility costs, including telephone, intemet connection,
power, and sewer shall be funded by the Participating Agencies
commensurate with the use of the facility. The manner of formula for
calculating the percentage amount shall be agreed upon by the
Participating Agencies; provided, however, that any agreement shall
be subject to the funding limitation set forth below.
E. Technical support for any computer systems used or located in the
Host Facility by a Forensic Analyst shall be the responsibility of the
Participating Agency employing such Forensic Analyst. Any technical
support and/or any computer systems shall meet the standards set forth
by the Host Agency and be approved through the Host Agency's
technical support.
Vii. Reports
A. All Forensic Analysts shall write their reports in the shared system.
The reports shall contain the connecting Participating Agency's case
number.
B. Reviewing reports, freezing reports, and transmission of the reports to
the necessary District Attorney's Office shall be done by an Agency
appointed supervisor for the Agency requesting the forensic analysis.
C. Statistical reports shall be generated and presented to the NRLG on an
annual basis. These reports shall include the number of cases
submitted by the individual Participating Agencies, the number of
procedures completed by the Forensic Analysts and the Team Leader,
and any other information as requested by the NRLG. The NRLG
may request more frequent statistical reports as needed.
VIII. Evidence storage and transportation
A. Evidence shall be primarily secured, identified, and stored by the
respective Participating Agency that is investigating the case and
such Participating Agency's facility shall be deemed the primary
storage facility.
B. The Host Facility shall provide a location where evidence can be
secured and stored on a short term basis during the forensic analysis.
C. The Forensic Analysts shall receive the evidence from this primary
storage facility, transport it to the Host Facility, perform the testing
pursuant to industry standards and the NRLG operating manual
protocol, and then return the evidence to the primary storage facility
as soon as practicable. Chain of custody shall be maintained by the
Forensic Analysts, and any short term storage at the Host Facility
shall be in a secured area.
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D. The Participating Agency's primary storage facility shall be
responsible for all long term storage including retention schedules,
destruction, disposal, or release of evidence.
E. Each Participating Agency shall provide a licensed and insured
vehicle for the transport of any evidence, and the Forensic Analysts
shall abide by all procedures and policies of such Participating
Agency for care and use of automobiles.
IX. Grant Administration
A. The NRLG shall appoint a Chairperson of the grant committee to be
responsible for grant administration and funding.
X. Modification of this Agreement
A. This Agreement contains the entire Agreement and understanding
between the parties and supersedes any other agreements concerning
the subject matter of this Agreement, whether written or oral.
B. No modification, amendment, novation, renewal or other alteration
of this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by all parties
hereto.
C. Any modification to this agreement shall be in accordance with the
constitution and bylaws of NRLG, and be approved and signed by all
parties hereto.
Xl. Termination of Agreement
A. This Agreement automatically terminates when the NRLG
establishes a primary facility to house Forensic Disciplines. Until
such time, this Agreement shall be subject to automatic renewal
upon like terms and conditions, with any and all amendments and
modifications to the Agreement, on a calendar yearly basis from the
signing of this Agreement.
B. Any Participating Agency to this Agreement may withdraw their
employees, facility, and/or support upon sixty (60) days written
notice provided to all other Participating Agencies of the NRLG.
Upon receipt of the notice to withdraw, the NRLG Board of
Directors shall meet to discuss the reasons.
C. The termination of one party to this Agreement does not terminate
the Agreement for all other parties to this agreement.
D. The involuntary termination of a party to this agreement shall follow
the procedures set forth in the NRLG's constitution and bylaws.
XII. Assignment
This Agreement shall not be assigned, enlarged, amended, extended,
modified or altered by any of the parties hereto, except in writing, signed
by all parties as an amendment hereto.
XIII. Force Majeure
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Notwithstanding anything contained herein to the contrary, it is agreed
that in the event and to the extent that fire, flood, earthquake, natural
catastrophe, explosion, accident, war, illegality, act of God, or any other
cause beyond the control of any of the parties hereto, or strikes and labor
troubles (whether or not within the power of the party affected to settle the
same) prevents or delays performance by any party to this Agreement,
such party shall be relieved of the consequences thereof without liability,
so long as and to the extent that performance is prevented by such cause;
provided, however, that such party shall exercise due diligence in its
efforts to resume performance within a reasonable period of time.
XIV. Dispute Resolution
In the event of a dispute over service, performance or Agreement
interpretation, said issue shall be forwarded to the Board of Directors of
the NRLG, as delineated in the constitution and by-laws of the NRLG, for
a decision. If the Board cannot agree as to the resolution, the next step
shall be a mediation process. If no resolution of the issue is reached, the
third step shall be an arbitration process. All steps by the Board of
Directors shall be non-binding upon the Participating Agencies; however,
the Participating Agencies shall enter into this process in good faith to
resolve the pending issue.
XV. Waiver
No waiver by any of the parties hereto of any of the terms and conditions
of this Agreement shall be deemed to be or be construed as a waiver of
any other term or condition of this Agreement, nor shall a waiver of any
breach of this Agreement be deemed to constitute a waiver of any
subsequent breach of the same provision of this Agreement.
XVI. Contingencies
A. This Agreement and obligations of the agencies hereunder are
expressly contingent upon the Agency governing bodies budgeting and
appropriating the funds needed to fulfill the Agency's obligations
hereunder.
B. Financial obligations of agencies payable after the current fiscal year
are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available.
C. This Agreement and all financial obligations extending beyond the
current fiscal year are subject to funds being budgeted and
appropriated to fulfill the agency's obligations under this Agreement,
regardless of whether the agency's fiscal year coincides with the
annual term of this agreement.
XVII. Headings
Paragraph headings in this Agreement are for convenience and reference
only and shall in no way define, limit or prescribe the scope or intent of
any provision of this Agreement.
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XVIII. No Third Party Beneficiaries
This Agreement is made for the sole and exclusive benefit of the parties
hereto and shall not be construed to be an agreement for the benefit of any
third party or parties and no third party shall have a right of action
hereunder for any cause whatsoever.
XIX. Construction of Agreement
This Agreement shall be construed according to its fair meaning and as if
it was prepared by all of the parties hereto and shall be deemed to be and
contain the entire agreement between the parties hereto. There shall be
deemed to be no other terms, conditions, promises, understandings,
statements or representations, expressed or implied, concerning this
Agreement, unless set forth in writing and signed by all of the parties
hereto.
XX. Relationship of Parties
The parties hereto enter into this Agreement as separate and independent
governmental entities and each shall maintain such status throughout the
term of this Agreement.
XXI. Counterpart Signatures
This Agreement, and any modifications to this agreement, may be
executed with counterpart signature pages, and the document with all
counterpart signatures shall constitute one and the same instrument.
[Remainder of page intentionally left blank]
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SIGNATURE PAGE
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITY
OPERATING GUIDELINE OF THE NORTHERN REGIONAL LAB GROUP
(TOTAL PAGES OF AGREEMENT- 8)
(TOTAL SIGNATURE PAGES -6)
LARIMER COUNTY SHERIFF'S OFFICE
c-pt,CJ- r_ �<� James A. Alderden
Sh ff Printed Name of Agent
Larimer County Sheriff's Office
Date: //-{y-D 6
Revision on 10/08/2008
SIGNATURE PAGE
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITY
OPERATING GUIDELINE OF THE NORTHERN REGIONAL LAB GROUP
(TOTAL PAGES OF AGREEMENT- 8)
(TOTAL SIGNATURE PAGES —6)
Dated this `7 of GIsteher, 2008.
hr; '1iU1Gr
CITY OF LOVELAND, COLORADO(By: o'Pt J IIIKLa-vn- _
°oF iLO�p F` Williams, City Manager
ATTEST: ''�I
Vim•: O '
City Clerk4. :
"A CoLOB c,C t
APPROVED AS TO FORM:
WAWA O04Aws_.)
Assistant City orney
Revision on 10/06/2008
SIGNATURE PAGE
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITY
OPERATING GUIDELINE OF THE NORTHERN REGIONAL LAB GROUP
(TOTAL PAGES OF AGREEMENT- 8)
(TOTAL SIGNATURE PAGES-6)
CITY OF GREELEY SIGNATURE PAGE
Dated this I IJ day of ,/J-v1'^4 4lA- , 2008.
THE CITY O RyELEY, COLORADO
By: ( -
Mayor
ATTEST:
BY: A .nt-Lf A . N�:t1,1( ) (Seal)
Citsglerk I
APPROVED AS TO EGA FORM
By: �—
C. y A orney
APPROVED AS TO SUBSTANCE:
By:
Y er
AVAILABILITY OF FUNDS:
B :
Director f ce
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SIGNATURE PAGE
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITY
OPERATING GUIDELINE OF THE NORTHERN REGIONAL LAB GROUP
(TOTAL PAGES OF AGREEMENT- 8)
(TOTAL SIGNATURE PAGES -6)
Bill JUDICIAL DISTRICT ATTORNEY'S OFFICE
Larry Abrahamson
ict Attor ey Printed Name of Agent
81 Judicial District Attorney's Office
Date: /0 •/0. Die
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SIGNATURE PAGE
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITY
OPERATING GUIDELINE OF THE NORTHERN REGIONAL LAB GROUP
(TOTAL PAGES OF AGREEMENT-8)
(TOTAL SIGNATURE PAGES-6)
FORT COLLINS POLICE SERVICES
The City of Fort Collins, Colorado
A Municipal Corporation
By: Date: \\ v �h
Darin Atteberry, City Manager
Attest: Approved as to Form:
u;la * .
City Clerk � F F0• r Teresa Ablao
▪ •G,
,� �� Senior Assistant City Attorney
tcn
SEAL i
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SIGNATURE PAGE
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITY
OPERATING GUIDELINE OF THE NORTHERN REGIONAL LAB GROUP
(TOTAL PAGES OF AGREEMENT- 8)
(TOTAL SIGNATURE PAGES-6)
WELD COUNTY SHERIFF'S OFFICE
AND THE WELD COUNTY DISTRICT ATTORNEY'S OFFICE
BOARD OF COUNTY COMMISSIONERS ii
FOR THE COUNTY OF WELD r
STATE OF COLORADO
ATTEST: °
rye
•A' `
William H. Jerke, Chair Deputy Cler to the Board "( '
Date: N0V 1 7008 Date: N0V 1 9 7008
WELD COUNTY SHERIFF'S OFFICE
ffc:
n Cooke, Sheriff
(O -30-0$
WELD COUNTY DISTRICT ATTORNEY'S OFFICE
Ojft°Q JLJ
Kenneth R. Buck, District Attorney
Date: I/7/O X
Revision on 10/08/2008
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