HomeMy WebLinkAbout20031338.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT CONCERNING DISTRIBUTION OF
SEIZED PROPERTY AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY DRUG TASK
FORCE
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, on May 28, 2003, the Board was presented with an Intergovernmental
Agreement Concerning the Distribution of Seized Property 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 Weld County Drug Task Force, with terms and conditions
being as stated in said agreement, and
WHEREAS, at said meeting on May 28, 2003, the Board deemed it advisable to continue
the matter to June 2, 2003, to allow for input from the Weld County Sheriff's Office, and
WHEREAS, at said meeting on June 2, 2003, 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 Concerning the Distribution of Seized
Property 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 Weld County
Drug Task Force be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2003-1338
SO0021
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INTERGOVERNMENTAL AGREEMENT CONCERNING DISTRIBUTION OF SIEZED
PROPERTY
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 2nd day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUN , COLO DO
ATTEST: J 4/ / EIS,j*
vid E. Long, Chair
Weld County Clerk to th p r ,
Robert D. M en, Pro-Tern
BY: _ tiR3
Deputy Clerk to the Boa'! ' " \,
M. J. eile
AP ASTAST 'ti
William H. Jerke
C ty Attorney -�,s,d
6/9 Glenn Vaa
atesignature:
2003-1338
SO0021
INTERGOVERNMENTAL AGREEMENT CONCERNING -
DISTRIBUTION OF SEIZED PROPERTY
THIS AGREEMENT is made and entered into this,grid day of , 2003,
by and between the Weld County Sheriff's Office ("WCSO"), and the Wild County Drug Task
Force ("Task Force").
WITNESSETH:
WHEREAS, pursuant to Article XIV, Section 18(2)(a) of the Colorado Constitution and section
29-1-201 C.R.S., et.seq., governmental entities are encouraged and authorized to cooperate in
contract with each other to provide any function, service, or facility lawfully authorized to each;
and
WHEREAS,the parties hereto wish to enter into a cooperative agreement by which seized
property is properly disposed.
NOW, THEREFORE,the parties hereby agree as follows:
1. WCSO and the Task Force agree that any property that is seized and forfeited pursuant to
appropriate Colorado law shall be disposed of pursuant to section 16-13-311 C.R.S., as
amended.
2. WCSO and the Task Force agree that the Task Force is made up of law enforcement
agencies throughout the county of Weld.
3. WCSO agrees that any monies distributed pursuant to paragraph 1 above should be used
for public safety purposes.
4. WCSO and the Task Force agree that the proper use and disposition of seized property
should be with the Task Force and with the Task Force Control Board as created by
section 16-13-702 C.R.S.
5. WCSO agrees that all seized property allocated to it pursuant to Paragraph 1 above shall
become the property of the Task Force for distribution by its authorized Control Board for
public safety purposes.
6. The Task Force agrees to assume all responsibility for the proper use of said fund
pursuant to section 16-13-311 C.R.S.
7. This Agreement, and any agreement or document referred to herein, constitute the entire
understanding between the parties with respect to the subject matter hereof and all other
prior understandings or agreements shall be deemed merged into this Agreement. This
Agreement may be amended only be written agreement signed by the parties hereto.
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8. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties or their assignees, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the expressed intention of the undersigned
parties that any entity other than the undersigned parties or their assignees receiving
services or benefits under this Agreement shall be an incidental beneficiary only. _
9. The parties hereby agree that neither party has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein, and
no oral representation, promise, or consideration different from the terms herein
contained shall be binding on either party, or its agents or employees hereto. This
Agreement embodies all agreements between the parties hereto and there are no promises,
terms, conditions, or obligations referring to the subject matter whereof other than as
contained herein.
10. No portion of this Agreement shall be deemed to constitute a waiver of any immunities
the parties or their officers or employees may possess, nor shall any portion of this
Agreement be deemed to have created a duty of care which did not previously exist with
respect to any person not a party to this Agreement. The parties hereto acknowledge and
agree that no part of this Agreement is intended to circumvent or replace such
immunities.
IN WITNESS WHEREOF,the Weld County Sheriff's Office and the Weld County Drug
Task Force have executed this Agreement as of the date first above written.
WELD OUNTY SHERIFF'S OFFICE WELD COUNTY DRUG TASK FORCE
By: By:
J Cooke, Sheriff hair, Control Board
CO OF WELD, COLORADO
Al PEST: Mid
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By: aQiuk C �, CLERK TO THE BOARD a
David E. Long, Chair WELD COUNTY COM ! SI
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By:
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