HomeMy WebLinkAbout992902.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT ESTABLISHING WELD COUNTY
TASK FORCE 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
Establishing Weld County Task Force among 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, the City of Greeley Police Department, and the Evans Police Department, with
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 Establishing Weld County Task
Force among 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, the City of
Greeley Police Department, and the Evans Police Department, 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 8th day of December, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, C LORADO
ATTEST: Lill
lJ Dale K. Hall, Chair
Weld County Clerk to ■'n&,towV '
� �arbar J. Kirkme er, P o-Tem BY: LDeputy Clerk to the UM
Georg Georg axter
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APPROVED AS TO FORM: //, /21b2
_ M. J. Geile n
CoOtyA i,i /116O)
Glenn Vaadc
992902
A,', SO SO0021
M
= OFFICE OF THE CITY ATTORNEY
City of 1100 10TH STREET, GREELEY,COLORADO 80631 •(970)350-9757•FAX(970)350-9763
Greeley
November 15, 1999 ?r^ ;' . lro
OV 1 7 1999
hN.
Bruce Barker R. Russell Anson rYtT
Weld County Attorney Evans City Attorney pttoe'N CpUNDy.
915 Tenth Street 820 Thirteenth Street �Yg QFPtc`
P.O. Box 1948 Greeley, CO 80631
Greeley, CO 80632
Captain Kent Donahue
Greeley Police Department
919 Seventh Street
Greeley, CO 80631
Re: Amendment(s) to Intergovernmental Agreement Establishing the Weld County Task Force
Gentlemen:
At the recent suggestion of the County, I have added a footnote to Paragraph II.B. of the amended IGA
Establishing the Weld County Task Force. That addition, as well as all of the previous amendments
we've discussed, are indicated in bold print on one of the enclosed copies. The other enclosures are
identical originals of the document prepared and ready for signature by the appropriate officials.
I believe this final version contains all suggestions from the three jurisdictions, and has been approved
by each of you. I have provided originals of the agreement to each of you, so that we may obtain
signatures in counterpart, to speed up the process. Two originals are enclosed so that you may keep an
original signature page from your jurisdiction, while also providing one to me for assembly of the final
fully-executed document. Once I have received everyone's signature page, I'll provide a copy
of the fully executed agreement to everyone.
Please call any time if I may provide additional information or assistance. Thank you all for your time
and interest.
Very truly y�ours,�
Mkt Daviet �
Assistant City Attorney
Enc.
SERVING O UR COMMUNITY • t T ' S A TRADITION
711)0 pi-waive to preserve and-improve the yually of11efor _9reelef/L-ourgEr lime, courteous and-cost elleclme seroice.
cnsm. za
a WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
• 915 TENTH STREET
P.O. BOX 1948
GREELEY, COLORADO 80632
COLORADO• September 10, 1999
Mary Pat Daviet
Assistant City Attorney
1000 Tenth Street
Greeley, CO 80631
RE: IGA Establishing Weld County Task Force
•
Dear Mary Pat:
I have forwarded your letter of August 6, 1999, and the enclosed draft Intergovernmental Agreement
Establishing the Weld County Task Force to Mr. Kim Fliethman, Manager, Weld County Sheriff's
Office. The only change we recommend is to the first sentence of paragraph VII.C.,to state as follows:
"Only employees of the Greeley Police Department,the Weld County Sheriff's Office, the Evans
Police Department, and/or any other agency as may from time to time be authorized by the
Greeley Police Lieutenant designated as Project Director("Authorized Agencies"),shall be
authorized or permitted to operate any vehicle owned,leased, controlled and/or insured by the
Greeley Police Department("Greeley Police Vehicle") in the course of performing the work
authorized pursuant to the terms of this Intergovernmental Agreement."
We believe this language is more direct. After speaking with Mr. Fliethman, it is my understanding that
the vehicles driven pursuant to the work done under the IGA are primarily owned or leased by the Task
Force. The City of Greeley then insures them. That is the reason for the "insured by" language.
I would like to see in the IGA language reciprocal to that of the second sentence under paragraph VII.C.,
if it should ever come to pass that:the Task Force personnel begin driving vehicles owned, leased,
controlled and/or insured by Weld County.
Please let me know if I may be of any other assistance in this matter. I may be reached at(970) 356-
4000, ext. 4390.
l
B e T. Barker
eld County Attorney
pc: Kim Fliethman
INTERGOVERNMENTAL AGREEMENT ESTABLISHING
THE WELD COUNTY TASK FORCE
THIS AGREEMENT is made by and between the City of Greeley Police Department, the Evans
Police Department and the Weld County Sheriff's Department for establishment of the Weld County
Task Force.
I. Establishment of Weld County Task Force.
There is hereby established the Weld County Task Force (WCTF), consisting of integration of
operations of the Weld County Drug Task Force and the Greeley Police Department Narcotics Unit.
II Staffing.
A. The WCTF shall currently be staffed with one Greeley Police Department Lieutenant,
three Greeley Police Department Narcotics Investigators, one Greeley Police
Department Narcotics Sergeant, one Greeley Police Department Criminal Intelligence
Investigator, two Weld County Deputy Sheriffs, one Evans Police Department
Investigator, and one Weld County Deputy District Attorney.
B. The size and staffing of the WCTF may be increased or decreased from time to time,
including without limitation utilization of law enforcement personnel from other
jurisdictions as may be necessary and appropriate, based upon increased or decreased
needs of Weld County, Colorado, for the same, and after meeting of and agreement by
the Weld County Task Force Control Board.'
III Operations.
A. WCTF shall operate county-wide in all unincorporated and incorporated areas within the
County of Weld, including the City of Greeley, Colorado.
B. WCTF operations shall allocate authorized resources based on formal needs assessments,
including criminal intelligence gathered through routine operations and community input
to the WCTF.
C. Field direction and supervision of operations of WCTF is assigned to a Greeley Police
Department Lieutenant, as the Project Director, who is subject to Greeley Police
Department chain of command.
The Weld County Task Force Control Board, its duties and powers are defined in the
Weld County Task Force Control Board Bylaws, attached hereto as Exhibit "A".
D. The WCTF will operate under the policies and operating procedures of the Greeley
Police Department only.
E. WCTF Investigators shall prepare all reports in Greeley Police Department format, using
the Greeley Police Department automated dictation reporting system.
F. All vehicles, equipment and covert resources previously allocated to the Greeley Police
Department Narcotics Unit shall continue to be operationally administered in common
with other vehicles, equipment and covert resources allocated to WCTF by participating
agencies or grant finding.
G. WCTF members report to a Greeley Police Lieutenant, and are responsible to him or her
under the policy direction of the WCTF Control Board. However, initial assignment of
employees to the WCTF is at the sole discretion of the respective department heads.
H. Employees assigned to the WCTF shall be evaluated by WCTF Sergeants and/or the
Greeley Lieutenant while in their WCTF assignment, with the evaluations forwarded to
the respective employee's department head.
IV Seizures of Property and Evidence.
A. All WCTF members shall book all seized property and evidence into Greeley Police
Department custody, using Greeley Police Department forms and format.
B. All items seized and retained under asset forfeiture statutes and court orders shall be
administered by the WCTF under the direction and approval of a Committee, consisting
of the District Attorney of the 19th Judicial District of Colorado or a designee thereof,
the Chairman of the WCTF Control Board or a designee thereof, and one representative
selected from local government entities participating in the Weld County Task Force, in
accordance with Section 16-13-702(3), C.R.S. (the "Committee"), with the Greeley
Police Department reporting and audit guidelines used to record and review all
transactions.
C. All asset forfeiture funds or property accumulated by the WCTF shall remain under the
authority of the WCTF Control Board for disbursement in accordance with grant
provisions and state statutes, specifically Section 16-13-702, C.R.S. In accordance with
that statutory section and with Weld County Resolution dated January 20, 1993, a copy
of which is attached hereto as Exhibit A and incorporated herein by reference, no
disposition of said asset forfeiture funds or property may take place or occur without
final approval of the Committee.
V. Grant Administration.
A. Grant administration is assigned to a Greeley Police Lieutenant designated as the Project
Director. The WCTF shall transfer grant funds to the Weld County Sheriffs Department
to fully reimburse the base salary and benefit costs of two Weld County Sheriffs
Department Investigators, to the City of Greeley for one Police Sergeant position, and to
the City of Evans for one-half of the base salary and benefits of one investigator position
for the life of the grant.
B. Disbursement of all assets, forfeiture funds or property accumulated by the WCTF shall
be disbursed in accordance with any and all grant provisions and/or grant funding of the
WCTF.
VI Employment Status.
A. Regardless of field supervision or direction of operations for members assigned to the
WCTF, all salaries, benefits and overtime of the employees assigned to WCTF shall
continue to be the responsibility of their respective employing agencies, and not of the
WCTF.
B. No employee assigned to the WCTF shall lose seniority, benefits, opportunities for
promotion or assignment change in their respective departments solely because of their
assignment to the WCTF.
C. The Department Heads of the Weld County Sheriff's Department, Weld County District
Attorney's Office, Evans Police Department and the Greeley Police Department retain
sole authority to impose discipline on their respective employees assigned to the WCTF.
The Department Heads may, as needed, schedule any of their employees for training
authorized by the department, taking into consideration the employee's needs, the
department's needs and the WCTF needs.
VII Liability.
A. Legal liability and any litigation arising from or out of the conduct or performance of
employees assigned to and/or working with the WCTF shall be the responsibility of that
employee's respective agency; however, any employee acting under the specific orders of
a superior officer of the WCTF from an agency other than that of the employee, may
create a shared liability with that other agency, all in accordance with and pursuant to
applicable law.
B. An annual summary report shall be presented to the WCTF Control Board at its August
meeting each year, providing an overview of the WCTF activities for the previous twelve
months, including totals for cases initiated, arrests made, contraband seized, status of the
asset forfeiture account, assets seized pending forfeiture orders, equipment and vehicles
assigned to the WCTF, covert funds account status, community needs assessments
completed, and training and community presentations provided by the WCTF. Unless
investigations and/or operations would be compromised and except as otherwise
provided by the Colorado Open Records Act, §24-72-101, et seq, all disclosures of the
annual report are public record.
C. Only employees of the Greeley Police Department, the Weld County Sheriff's Office, the
Evans Police Department and/or any other agency as may from time to time be
authorized by the Greeley Police Lieutenant designated as Project Director ("Authorized
Agencies") shall be authorized or permitted to operate any vehicle owned, leased,
controlled and/or insured by the Greeley Police Department ("Greeley Police Vehicle").
In the event an employee of an Authorized Agency other than the Greeley Police
Department is involved in an accident while operating a Greeley Police Vehicle, and in
the event it becomes necessary for the City of Greeley to pay monies to any party for
purposes of resisting, adjusting, satisfying or compromising any claim or demand arising
out of such an accident, the involved employee's employing agency shall become
obligated to reimburse the City of Greeley for such expenses, fees and/or costs within a
reasonable time, in no event to exceed thirty (30) days, after receiving written notice
from the City of Greeley of the incurring of such expenses, fees or costs. However, as
soon as it appears that there may be some liability for payment of damages on the part of
the City of Greeley, the City of Greeley must immediately involve a representative from
the authorized agency prior to negotiating any resolution that may result in liability on
the part of the authorized agency.
VIII Termination.
A. The consolidation of the City of Greeley and Weld County units into WCTF may be
terminated at any time by either the Weld County Sheriffs Department or by the Greeley
Police Department, upon written notice to the other party and the WCTF Control Board,
and following a meeting discussing the reasons for termination. No mutual agreement to
terminate is needed, and each party may in and of itself terminate the Weld County Task
Force upon its own initiative in writing.
B. When funds are not appropriated by either the City of Greeley Police Department or the
Weld County Sheriffs Office, or funds are otherwise unavailable to support continuation
of performance and operations of the WCTF, this Agreement shall be immediately
terminated.
X. Term and Modification.
A. This Intergovernmental Agreement shall remain in full force and effect for a period of
twelve months, subject to automatic renewal upon like terms and conditions, with any
and all amendments and modifications to the Agreement. This Agreement contains the
entire agreement and understanding between the parties to this Agreement and
supersedes any other agreements concerning the subject matter of this Agreement,
whether oral or written. No modification, amendment, novation, renewal or other
alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by all parties hereto.
B. Upon termination of the WCTF, the employees assigned to the WCTF shall return to
their respective departments for reassignment. All equipment and materials provided by
participating departments shall remain under the ownership of the respective
participating departments. Covert resources shall be refunded to the Weld County
Sheriffs Department, Evans Police Department and the Greeley Police Department
Narcotics Unit on a pro rata basis computed on a percentage of the funds originally
contributed to the WCTF. Asset forfeiture funds shall be disbursed consistent with
grant provisions, state statutes, and provisions of existing intergovernmental
agreements.
DATED this _ o� I day of 1(-k..,..h..✓ , 1999.
CITY OF GREELEY, COLORADO
GREELEY LICE DEPARTMENT WELD COUNTY SHERIFF'S DEPARTMENT
Paul B nham, Chief of Police Ed Jordan, Weld County Sheriff
CITY OF G ELEY, COLORADO COUNTY OF WELD, COLORADO
Jerry Wones, Mayor Chair, Board of Weld County Commissioners
City of Greeley
ATTEST: ATTEST:
Be�lder, Clerk to the Board of
Greele ity Clerk Weld County Commissioners
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
LÀ �'
APPROVED AS TO AVAILABILITY APPROVED AS TO AVAILABILITY
OF FUNDS: OF FUNDS:
Tim Wash, Don Warden,
Director of Finance, City of Greeley Director of Finance, Weld County
CITY OF EVANS, COLORADO
EVANS POLICE DEPARTMENT
Michael Guthrie, Chief of Police
CITY OF EVANS, COLORADO
Mayor
City of Evans
ATTEST:
Evans City Clerk
APPROVED AS TO AVAILABILITY
APPROVED AS TO LEGAL,FORM: OF FUNDS:
City Attorney, City of Evans Director of Finance, City of Evans
c\ca\agreement\TaskForce.wpd
whether oral or written. No modification, amendment, novation, renewal or other
alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by all parties hereto.
B. Upon termination of the WCTF, the employees assigned to the WCTF shall return to
their respective departments for reassignment. All equipment and materials provided by
participating departments shall remain under the ownership of the respective
participating departments. Covert resources shall be refunded to the Weld County
Sheriffs Department, Evans Police Department and the Greeley Police Department
Narcotics Unit on a pro rata basis computed on a percentage of the funds originally
contributed to the WCTF. Asset forfeiture funds shall be disbursed consistent with grant
provisions, state statutes, and provisions of existing intergovernmental agreements.
DATED this day of , 1999.
CITY OF GREELEY, COLORADO
GREELEY POLICE DEPARTMENT WELD COUNTY SHERIFF'S DEPARTMENT
Paul Branham, Chief of Police Ed Jordan, Weld C y Sheri
CITY OF GREELEY, COLORADO COUNTY OF LD, COLORADO
Jerry Wones, Mayor Chair, Board of Weld C unty Commissioners
City of Greeley Dale K. Hall (12/08/99)
ATTEST: /add /
knr
♦ - ( ��
Betsy Holder, Clerk to the Board of '
Greeley City Clerk Weld County Commissioners
APPROVED AS TO LEGAL FORM. APPROVED AS TO LEGAL FORM:
City Attorney, City of Greeley County Attorney, We1tft bunty
APPROVED AS TO AVAILABILITY APPROVED AS TO AVAILABILITY
OF FUNDS: UNDS:•
j
/iI/l E�
Tim Nash, D a��
Director of Finance, City of Greeley Director of Finance, Weld County
CITY OF EVANS, COLORADO
EVANS POLICE DEPARTMENT
Michael Guthrie, Chief of Police
CITY OF EVANS, COLORADO
Mayor
City of Evans
ATTEST:
Evans City Clerk
APPROVED AS TO AVATT ABILITY
APPROVED AS TO LEGAL FORM: OF FUNDS:
City Attorney, City of Evans Director of Finance, City of Evans
s.\ca\agreement\TaskForee.wpd
APPROVED AS TO AVAILABILITY APPROVED AS TO AVAILABILITY
OF FUNDS: OF FUNDS:
Tim Nash, Don Warden,
Director of Finance, City of Greeley Director of Finance, Weld County
CITY OF EVANS, COLORADO
EVANS POLICE DEPARTMENT
ich el Guthrie, Chief of Police
CITY OF EVANS, COLORADO
.1113A /ifet
ayor d
City of Evans
ATTEST:
Evans City Clerk
APPROVED AS TO AVAILABILITY
APPROVED AS G4GAL FORM: OF FUNDS:
City Attorney, City of Evans Dir ct r of Finance, City of Evans
\caV agreement ATvckForce-wpd
WELD COUNTY TASK FORCE
CONTROL BOARD BYLAWS
PREFACE:
The Task Force Grant Agreement, signed by all participating
the Control State, Municipal
law
w
enforcement agencies within Weld County, Board for the of these purpose
rpalows is
of
administering the operation of the Weld County Task Force. The purpose Y
to establish the operating procedures of that Board.
itlEMBERSHIP:
1 A. The Board shall consist of five (5) voting members, as established by the
Task Force Grant Agreement. .
I. One permanent position will be appointed by the Weld County
Sheriff's Office.
2. One permanent position will be appointed by the Greeley Police
Department.
3. Three "at-large' positions will be appointed by the membership of
the participating agencies of the Task Force Grant Agreement.
B. In order to be considered for appointment to the Board, the following
criteria must be met:
1. Financial or in-kind contributions to the Grant, and;
2. Narcotics investigation experience
2. Terms of appointment shall be for two years.
A. The three "at-large" posiions selected by the general membership will be
replaced in alternating years.
B. The permanent positions held by Greeley Police Department and Weld
County Sheriffs Office will be replaced at the discretion of the Greeley
Chief of Police and Weld County Sheriff, respectively.
3. The Board shall elect from its own members a Chairperson and Vice-Chairperson.
The Board is empowered to create and fill through election such additional offices,
from its own membership, as it deems advisable for the proper functioning of its
activities.
EXHIBIT "A"
4. A Board member may be removed from office;
A. At any meeting of the Board, where notice of said removal and reasons
for removal are provided to Board members 30 days prior to the meeting,
and by a three-fifths vote of the Board members. The affected Board
member shall have the opportunity to respond at the meeting.
B. At any meeting of the Board, on the grounds that the member has been
absent for three meetings of the Control Board within one calendar year,
by a three-fifths vote of the entire Board.
C. Any member removed from the Board shall have the right to appeal the
removal to the General Membership of the Task Force. The General
Membership shall consist of the Chiefs of Police of the Task Force
participant agencies. The appeal meeting shall be held within 30 days of
the notice of appeal. The recommendation of the Control Board to remove
the member shall be affirmed or reversed by a simple majority of the
members present at the appeal meeting.
5. Whenever a vacancy, other than expiration of appointment, occurs on the Board
due to resignation, death, or for any other reason, the Chairperson will notify the
Task Force Grant participants and request another member be appointed to serve-
out the remainder of the unexpired term.
DUTIES OF CHAIRPERSON:
1. It shall be the responsibility of the Chairperson to call all regular meetings, set
the agenda for the meetings, preside at all meetings, appoint committees, when
and as required, and carry out general chairperson.responsibilities. The
Chairperson shall sign on behalf of the Board all contracts, agreements, and
official correspondence approved by a majority of the Board, and act as the law
enforcement representative on the Asset/Seizure Forfeiture Oversite Committee.
DUTIES OF t'HE VICE CHAIRPERSON:
1. It shall be the responsibility of the Vice-Chairperson to assume the duties of the
Chairperson during any absence. The Vice-Chairperson shall perform other duties
assigned by the Chairperson.
MEETINGS:
1. Regular meetings of the Board shall be monthly, or as called by the Chairperson.
2. Special and/or Executive Session meetings may be called by the Chairperson or
upon request of three members of the Board. Notice of special meetings are to
be by personal telephone confirmation or personally acknowledged by radio or
teletype contact or by mail, providing notice is given 24 hours prior to the
meeting date.
3. A quorum shall consist of a simple majority of the members of the Board. A
quorum shall be necessary to conduct business.
4. The Task Force Project Director and the Prosecuting Attorney, will attend
monthly Board meetings as non-voting participants and report on Task Force
activities (past & future), solicit/receive direction and staff decisions on issues
which affect Task Force operations.
POWERS OF THE BOARD:
1. The Control Board oversees and reviews Task Force operations on behalf of the
participating agencies. Task Force policy and procedure parallels that of the
Greeley Police Department, which is in compliance with the standards of the
Commission of Accreditation for Law Enforcement Agencies.
2. To purchase and lease equipment, machinery, and personal property to achieve
the purposes of the Task Force.
3. To enter into contracts.
4. To establish rules and procedures necessary for the administration of the Weld
County Task Force.
5. In the event of the dissolutionment of the Task Force, the Board shall determine
the disposition of all property assets. Any funds remaining in the Asset
Seizure/Forfeiture Trust Fund will be administered through the Control Board
with the approval of the Oversite Committee and in accordance with other grant
agreements and State statute.
AUTHORITY: .
1. Any conflict of these Bylaws and the Task Force Grant Agreements shall be found
in favor of the Task Force Grant Agreement.
2. Changes to these Bylaws can be made at any regularly scheduled or special
meeting by agreement of a majority of the entire Board.
SEVERABILITY:
in the event that any article, provision, clause or other part cf these Bylaws is held
invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall nct affect the validity or enforceability with respect to other
articles, provisions, clauses, applications or occurrences, and these Bylaws are expressly
declared to be severable.
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