Loading...
HomeMy WebLinkAbout840984.tiff RESOLUTION RE: APPROVAL OF CITY-COUNTY REGIONAL FORENSIC LAB AGREEMENT BE- TWEEN THE CITY OF GREELEY AND THE COUNTY OF WELD 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 City of Greeley, Colorado and the County of Weld desire to enter into a joint operation of a forensic lab, and WHEREAS , the Agreement for the joint and cooperative opera- tion, maintenance and equipping of a forensic lab is pursuant to Section 29-1-203 , CRS, and the Charter of the City of Greeley, and WHEREAS, after review and consideration, the Board deems it advisable and in the best interest of the citizens of Weld County to enter into said Agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the City County Regional Forensic Lab Agreement between the City of Greeley, Colorado and the County of Weld be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April , A.D. , 1984 . �J ATTEST: ,/ (thJj l;"itnv� 7 WELDBOARD OF COUNTOUNTY COLOORADOSSIONERS Weld County Clerk and Recorder \ l".u�i► and Clerk to the ar Norman Carlson, Chairman By: EXCUSED DATE OF SIGNING - AYE Depu y County Clerk Ja ueline Johnson, Pro-Tem A PRO S TO FORM: Q4,0 /[i Mar Gene R. Bran ner 7-- (77/411„ County Attorney Chuck co-71; Carlson `H" / J n T. Martin 840984 �J a p 041184 /� AGREEMENT THIS AGREEMENT, made on the date below inscribed, between the CITY COUNCIL of the CITY of GREELEY, COLORADO (hereinafter the "City" ) , and the BOARD OF COUNTY COMMISSIONERS of the COUNTY of WELD, STATE OF COLORADO (hereinafter the "County" ) . WHEREAS, the operation, maintenance, and equipping of a forensic lab is a proper governmental function of both the City and the County, and; WHEREAS, the joint operation of a forensic lab would provide cost-savings and efficiency to both the City and the County while maintaining technical credibility, and; WHEREAS, the City and the County may enter into an Agreement for the joint and cooperative operation, maintenance, and equipping of a forensic lab as authorized by Section 29-1-203 C.R.S. , and the Charter of the City of Greeley. NOW, THEREFORE, in consideration of the foregoing, the City and the County mutually agree and covenant as follows: 1. It is hereby agreed that the City and the County shall jointly establish, operate, maintain, and equip a forensic lab. 2. The forensic lab will be titled, "City-County Regional Forensic Lab. " 3. The position of "criminalist" shall be established, said criminalist to operate the forensics lab on a day-to-day basis. 4. The forensics lab shall be located in the administration building of the Weld County Sheriff 's Department, in space dedicated to lab operations, and no charge or consideration for the use of that space will be levied against the City of Greeley. 5. A board of supervisors shall be established, consisting of three members. One member shall be chosen by the Greeley Police Department, one member shall be chosen by the Weld County Sheriff, and one member by the Weld County District Attorney. 6. The board of supervisors shall select, supervise, and evaluate the criminalist. The selection, supervision, and evaluation shall include, but not be limited to, the criteria established in Paragraph 8. 7. The board of supervisors will establish and periodically review priorities for evidence analysis. 8. The criminalist will be required to have an appropriate degree, and to have or obtain within a reasonable period, court standing as an expert in evidence analysis in the following areas: fingerprint comparisons, arson, various DUI analyses, various drug analyses, and other areas as established by the board of supervisors from time to time. 9. The duties and responsibilities of the criminalist shall include, but not be limited to, the following: a. process selected types of evidence as established by the board of supervisors; b. testify in court as needed; c. assist in the development and presentation of training for FET officers from the Greeley Police Department and the Weld County Sheriff 's Office; -2- d. upon hiring, to review existing lab equipment and supplies to determine what equipment and supplies will be retained by the forensics lab, and to arrange the release or disposal of unnecessary equipment and supplies; e. determine necessary additional equipment, supplies, and training, in consultation with the board of supervisors. f. The criminalist will not, under ordinary circum- stances, conduct field collection activities. 10. The criminalist will be a contractual employee of the County and entitled to the regular and ordinary benefits of County employees. The amount of salary to be paid will be established by the board of supervisors after consultation with the Chief of the Greeley Police Department and the Weld County Sheriff, with final approval by the City Council and the Board of County Commissioners. 11 . The salary, benefits, and expenses of hiring and maintaining the criminalist position will be shared in equal amounts by the City and the County. 12. Necessary lab equipment, supplies, and training will be paid in equal amounts by the City and the County. The City and the County will budget through their respective law enforcement agencies funds necessary for the annual operation of the forensic lab. 13. Existing lab equipment and supplies which are determined to be unnecessary will be released to the department which owns them. If jointly owned, the equipment or supplies will be disposed of and any proceeds of the disposal will be equally divided between the owners. -3- 14. Grant funding from any source for lab use may be sought by the board of supervisors only with approval of both the Greeley City Council and Weld County Commissioners, and any required matching funds will be contributed in formula as agreed by those two bodies. 15. The criminalist may conduct analyses for jurisdictions other than Weld County or the City of Greeley, with the board of supervisors ' approval. Analyses of DUI-related evidence will be charged to the requesting party at rates established by the board of supervisors, and proceeds will be applied to replacement of materials used in such analyses. Other types of analyses may be authorized by the board of supervisors, consistent with available time and the criminalist ' s need to establish or maintain pro- fessional credentials, and charges may be levied to recover costs involved, if deemed appropriate by the board of supervisors. 16. The term of the Agreement shall be one year, commencing with the date signed below, and automatically renewed for a further one year period unless terminated by written notice of either party. Either party may terminate the Agreement upon three months ' written notice served upon the City Clerk in the case of the City and the Clerk of the Board in the case of the County, with copies served concurrently upon the Sheriff, the Police Chief, and the District Attorney. 17. In the event of termination of this Agreement, all property will be returned to the party who owns it. If jointly owned, the property will be disposed of and any proceeds of the -4- disposal will be equally divided between the owners. The contracted employee will be terminated effective with the termination of the contract. WHEREFORE, the respective parties set their hands and seals hereto this 3rd day of April , 1984. ATTEST: City Cou cil City reeley City` lerk M yor ATTEST: Weld County C erk and Recorder Board of County Commissioners and Clerk to the Board County of Weld 10/L.0 By: y ounty Clerk V Chairman ATTEST: ATTEST: eld County Sheriff Greel y Chief o P.lice -5- Hello