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RESOLUTION
RE: APPROVE INTERGOVERNMENTAL MUTUAL AID AGREEMENT WITH EVANS POLICE DEPARTMENT AND
AUTHORIZE CHAIRMAN 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 the Intergovernmental Mutual Aid
Agreement with Evans Police Department with the 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 this Intergovernmental Mutual Aid Agreement with The Evans
Police Department 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/Jon the 13th day of February, A.D. , 1991.
�PILL7 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board
/ Go ac , irman
BY: Lx��� ���//7/� �4d7
Deputy Cork to the Boayd--- orge K nedy, ro- ern--
APPROVED AS TO FORM: � .c/
j Constance L. Harber
7.AtCounty Att y C. W./.7 Kirby
/ �p
W. H. ebster L/
910103
1(2'90 ) C�
INTERGOVERNMENTAL MUTUAL AID AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of
February , 19 91 , by and between the COUNTY OF WELD,
COLORADO, by and through the Board of County Commissioners of the
County of Weld, by and on behalf of the WELD COUNTY SHERIFF' S
OFFICE, whose address is 915 Tenth Street, Greeley, Colorado
80631, hereinafter referred to as "Sheriff' s Office, " and the CITY
OF EVANS, COLORADO, by and through its City Council, by and on
behalf of the EVANS POLICE DEPARTMENT, whose address is 3700
Golden Street, Evans, Colorado 80620 , hereinafter referred to as
"Police Department. "
WITNESSETH:
WHEREAS, in the course of police work performed by Sheriff' s
Office and Police Department, each law enforcement agency may need
additional help from other law enforcement agencies, and
WHEREAS , Sheriff' s Office and Police Department have
informally agreed to provide mutual aid to one another in the
past, and intend to do so in the future , and
WHEREAS, in order to formalize the working relationship
between Sheriff' s Office and Police Department, the parties hereto
have entered into this Agreement with the goal of increasing
public safety, and
WHEREAS, Section 29-1-203 , C.R.S. , enables local governments
to enter into intergovernmental agreements, and
WHEREAS, Section 24-7-104, C.R.S. , provides for concurrent
jurisdiction of criminal and traffic matters in major cases , and
this Agreement in no way is intended to affect that principle.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows:
1. CALLS FOR POLICE SERVICE:
A. All calls for police services which are received by the
Sheriff's Office and concerning incidents which have
occurred in the jurisdiction of Police Department will
be referred to Police Department without unnecessary
delay.
B. All calls for police services which are received by
Police Department and concerning incidents which have
occurred outside of the City limits of the City of Evans
and in the jurisdiction of the Sheriff' s Office will be
referred to the Sheriff' s Office without unnecessary
delay.
iioio
Page 1 of 5 Pages
C. Calls of an emergency or life threatening nature may be
responded to by the agency initially receiving the call,
concurrent with referral to the agency having actual
jurisdiction. The urgency of the police mission
supersedes temporary jurisdictional determination.
2. CALLS FOR ASSISTANCE:
A. In cases where assistance is required by either agency,
the requested agency shall provide such assistance in
the form of personnel, facilities, and equipment if the
request is within the ability of that agency to provide
such assistance.
1 . Request for assistance will normally be made
through the Dispatch Center of either agency
although other arrangements may be made as
appropriate to the incident.
2. In urgent situations, personnel may respond to
assist the requesting agency without supervisory
approval. Such requests in urgent situations may
be made by any sworn officers or Deputy Sheriffs
directly or through any of the dispatchers from
either agency. If time permits, requests for
assistance will be made by the on-duty watch
commander of the requesting agency to the on-duty
watch commander of the responding agency.
3. If a call for assistance from Police Department
involves the activation of Sheriff' s Office Canine
Team or Sheriff' s Office Mounted Posse, the
activities of the Canine Team or Mounted Posse will
be governed by Sheriff' s Officer supervisory
personnel and written guidelines of the Sheriff' s
Office. During Canine Team or Mounted Posse
activation, decisions regarding operational
strategies and deployment will be made by the
Canine Team Handler and the on the scene Sheriff' s
Posse Supervisor. The Police Department on-scene
Commander will be provided regular and timely
information regarding Canine Team and Mounted Posse
on-scene activities by the Sheriff' s Office
representative to the extent possible under the
circumstances. Decisions regarding how a Canine
Team or Mounted Posse member will be utilized will
be made by the Canine Handler or Mounted Posse
Supervisor. The Canine Handler or Mounted Posse
Supervisor will consult with the highest ranking
on-scene Police Department representative in
advance of decisions regarding canine or posse use
if possible.
91.0x""
Page 2 of 5 Pages
4 . The Sheriff' s Office and the Greeley Police
Department maintain hazardous device expertise and
jointly maintain a Hazardous Device Response Unit.
If a call for assistance involves the activation of
the hazardous device personnel from the Sheriff' s
Office to respond into the City of Evans, hazardous
device personnel will conduct themselves pursuant
to the written directives and supervised by, the
agency employing them. During hazardous device
personnel activation, decisions regarding
operational strategies and transportation of the
hazardous device will be made by hazardous device
personnel and coordinated with the on-scene
incident commander. If a decision is necessary
with regard to the matter in which the hazardous
device is to be used, the decision will be made by
the hazardous device person who will consult with
the incident commander in advance if possible.
5 . The amount of aid available to the requesting
agency will depend upon staffing levels along with
facilities and equipment available at the time of
the request. In all cases adequate law enforcement
services will be maintained in the jurisdiction of
the provider agency.
6 . Personnel responding to a call for assistance from
either agency will report to the highest ranking
officer from the requesting agency at the scene of
the incident.
7 . Officers from the responding agency will assist in
any way possible, including the processing of
arrestees, transportation of prisoners, and in the
operation of temporary detention facilities.
8 . The requesting agency will reimburse the provider
agency for the actual cost of any expended
equipment or supplies at the option of the provider
agency. Overtime expenses incurred, either for
personnel responding into the other jurisdiction or
for personnel necessary to maintain adequate law
enforcement services in the provider' s jurisdiction
during the incident will also be reimbursed to the
provider agency at the provider agency' s option.
9. In accordance with Section 29-5-104 , C.R.S. , Police
Officer' s responding to a request for assistance
from another law enforcement agency possess legal
status as law enforcement officers in the
jurisdiction of the requesting agency for such time
as the requesting agency deems the assignment or
assistance necessary.
Page 3 of 5 Pages
3. FOLLOW-UP INVESTIGATION:
A. Cases initiated by either agency which require
subsequent investigation within the jurisdiction of the
other agency will be retained by the initial agency.
1 . It will be the policy of the Sheriff' s Office to
notify Police Department when Deputies are
conducting an investigation within the jurisdiction
of the Police Department and to request that an
Evans Police Officer assist the Sheriff' s Office if
such assistance is appropriate.
2 . It will be the policy of Police Department to
notify Sheriff' s Office when Police Department
Officers are conducting an investigation within the
jurisdiction of the Sheriff' s Office and to request
that a Deputy Sheriff assist the Police. Department
if such assistance is appropriate.
4. INSURANCE:
A. Personnel responding to assist within the other agency' s
jurisdiction are covered by liability and health
insurance and worker' s compensation in accordance with
Sections 29-5-108 , 109 , and 110, C.R.S.
5. INFORMATION EXCHANGE:
A. Contemporary law enforcement relies heavily upon
information. Sheriff's Office and Policy Department
recognize the others need for accurate, timely
information and the mutual benefits derived from the
exchange of such information.
1 . The Sheriff's Office will provide Police Department
with information that may reasonably be expected to
impact the City of Evans.
2 . Police Department will provide Sheriff' s Office
with information that may reasonably be expected to
impact the jurisdiction of the Sheriff' s Office.
3 . The criteria to be used to determine information
exchange is whether there is any reasonable
indication that the person (s) involved or
implicated in an incident may reside in, traverse
through, or commit further criminal acts in the
jurisdiction of the other.
B. Details of specific case exchange will be worked out or
updated as needed through agency heads or their
designates.
Page 4 of 5 Pages 2,
6. WAIVER OF IMMUNITY/THIRD PARTY LIABILITY
A. 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 with respect to any persons not a party to
this Agreement.
SIGNED this 5th DAY OF February , 1991.
�� COUNTY OF WELD, by and through
ATTEST: � the Board of County Commis-
sioners of Weld County, by and
on behalf of the WELD COUNTY
WELD COUNTY CLERK TO THE BOARD SHERIFF'S OFFICE
By: .C i i A ,2L7 4.zi <-- By:
Deputy County Clerk != G Lacipy Chairman
APPROVED AS TO SUBSTANCE AND
AND AS TO FORM:
Ed Jordan, Weld County Sheriff
CITY OF EVANS, COLORADO, by and
through the Evans City Council,
ATTEST: by and on behalf of the EVANS
POLICE DEPARTMENT
By. By,1) P _CAI 1,/7--- >
City Clerk Cecil Knox, Mayo
APPROVED AS TO SUBSTANCE AND
AS TO FORM:
is ia-i �e Chief
Evans Police De tment "'
;7
�t- e7fz�. 7 o(l771'-h�
ick an , Evan City Manager R. Russell Anson, Evans City Attorney
Page 5 of 5 Pages
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