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Home My WebLink About960270.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATION RELAY OF LAW ENFORCEMENT AID AND ASSISTANCE REQUESTS THROUGH THE WELD COUNTY REGIONAL COMMUNICATIONS CENTER WITH THE CITY OF GREELEY 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 for Communication Relay of Law Enforcement Aid and Assistance Requests through the Weld County Regional Communications Center between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley, Colorado, 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 for Communication Relay of Law Enforcement Aid and Assistance Requests through the Weld County Regional Communications Center between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley, Colorado, 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 28th day of February, A.D., 1996. BOARD OF COUNTY COMMISSIONERS meow M WELD COUNTY, COLOgADO " Barbar J. Kirkmeye Chair is. tat, 7t,MI y Clerk to the Boardgi r e Baxter, Pr Te ./ 41 O��puty Clerkl� the Board N , ) ir rd 4 - Daale/K. Hall �p AP D AS TO F ( v/i�9 � -/I5 e‘tc Constance L. Hari ert / jam unty Attorne _ L%ff �'' rd W. I-:Web to 960270 CP : cM; Greeley CM0009 INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATION RELAY OF LAW ENFORCEMENT AID AND ASSISTANCE REOUESTS THROUGH THE WELD COUNTY REGIONAL COMMUNICATIONS CENTER WHEREAS, the Weld County Regional Communications Center was established by Intergovernmental Agreement on the 3rd day of May, 1993, between the County of Weld and the City of Greeley; and WHEREAS, WCRCC has the functional capacity of providing communications to law enforcement agencies throughout Weld County; and WHEREAS, individual law enforcement agencies within Weld County desire to use the WCRCC for requests for aid and assistance of other law enforcement agencies by requesting a law enforcement agency if needed; and WHEREAS, WCRCC is desirous of establishing a central communications center for requests of aid and assistance by law enforcement agencies within Weld County; and WHEREAS, law enforcement agencies within Weld County and the WCRCC have agreed to the terms and conditions of WCRCC providing communication requests for aid and assistance; and WHEREAS, WCRCC is authorized to enter into this Agreement by virtue of §29-1-203, C.R.S., Article II, Section 2-3 of the Weld County Home Rule Charter, and the City of Greeley Charter Section 3-7. NOW, THEREFORE, IN CONSIDERATION OF THE FOLLOWING MUTUAL PROMISES AND COVENANTS, the parties agree as follow: 1. WCRCC shall use its best efforts to relay requests for aid and assistance from and to law enforcement agencies within Weld County in cases where emergency assistance is requested by a law enforcement agency, and the request is relayed to the WCRCC, WCRCC will use its best efforts to dispatch the nearest available law enforcement officer. The responding agency will provide such assistance, in the form of personnel, facilities, and equipment, if it is within the ability of that agency to provide such aid and assistance. The parties specifically agree that the WCRCC sole role in this process is limited to receiving a call for assistance from a requesting agency and dispatching the nearest available law enforcement unit to the location requested. 2. Procedures for calls for assistance: A. Request for assistance will be routed through WCRCC, although other arrangements may be made as appropriate to the incident. Any calls not routed through Exhibit "A" 960270 WCRCC relieves WCRCC from responsibility to contact and dispatch another law enforcement agency. B. The parties specifically agree that authority to request emergency aid and assistance from other agencies and the authority to grant such requests for assistance are hereby delegated by the governing body, Chief of Police, or Sheriff of the jurisdiction involved to their on-duty supervisors or personnel. Notwithstanding the above, in extremely urgent, life-threatening situations, when there is not sufficient time to contact supervisors, non-supervisor officers from law enforcement agencies may respond immediately to emergency calls for assistance from officers of other agencies. C. Law enforcement agency personnel dispatched by WCRCC in response to an aid and assistance request, will immediately advise WCRCC if they cannot respond to the call for assistance. Should the contacted law enforcement agency personnel not be able to immediately respond as communicated to WCRCC, WCRCC shall use its best efforts to contact personnel of other law enforcement agencies. The parties specifically agree that any amount of aid and assistance available to requesting agencies is dependent upon staffing facilities and equipment available at the time of the request from the responding agency. D. The responding agencies' personnel shall assist the requesting agency as directed by the ranking officer from the requesting agency. Officers from the responding agency will be under the immediate command of their own agency supervisors on scene, but such supervisors will be under the direct supervision and command of the ranking officer on the scene from the requesting agency. Officers from the responding agency shall assist as directed in the mass processing of arrestees, and the transporting of arrestees, and in the operation of any temporary arrestee holding or detention facilities that might be established because of a large number of arrests. The requirements responsibilities and restrictions of C.R.S. §29-5-103, §29-5-104, §29-5-106, §29-5-108 and §29-5-109 shall apply to the requirements, responsibilities, liabilities and restrictions of the requesting and responding law enforcement agencies. 3. Costs. The requesting agency shall reimburse the responding agency for the actual costs of expended equipment and/or supplies, at the option of the responding agency. Should overtime expenses be incurred by the responding agency either for personnel responding to the requesting agency, or for personnel necessary to maintain adequate law enforcement services in the responding agency's jurisdiction, those expenses shall also be reimbursed to the responding agency at the option of the responding agency. 4. Peace Officer Status. Per Colorado Revised Statutes §29-5-103, §29-5-104, §29- 5-106, §29-5-108, and §29-5-109, police officers 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 for assistance necessary. 2 960270 2,1 5. Insurance. Personnel responding to assist within another agency's jurisdiction shall be covered by liability, health, and workman's compensation insurance in accordance with Colorado Revised Statutes §29-5-108, 29-5-109, 29-5-110, and 29-5-111. To the extent allowed by law, the parties hereto agree to indemnify and hold harmless and release each other from any and all claims, causes of action and judgments or liabilities of any nature or kind arising out of requests or responses to aids for assistance between law enforcement agencies in Weld County, including the reasonable costs of defense which is caused by any intentional or negligent act or omission of any law enforcement agency, its employees, servants or agents in the performance of duties required under this agreement. To the extent allowed by law, the parties also agree to indemnify and defend WCRCC, the City of Greeley and County of Weld, their agents, servants and employees from and against all liability of any nature or kind arising out of any claim, demand or cause of action and/or arising out of any conduct or misconduct of WCRCC, the City of Greeley and the County of Weld, for which their agents, servants or employees are alleged to be liable except for those liability losses and costs caused solely by the negligence of the WCRCC, the City of Greeley and/or County of Weld. 6. No portion of this Agreement shall be deemed to constitute a waiver of any immunities for which the City of Greeley or the County of Weld or their officers or employees may possess, nor shall any portion of this Agreement be deemed to create a duty of care on the part of either the City of Greeley, the County of Weld, or WCRCC to any party or person who is not a party to this Agreement. 7. No portion of this Agreement shall be deemed to create an obligation on the part of the City of Greeley or the County of Weld to expend funds not otherwise appropriated in each succeeding year. 8. It is specifically agreed and understood by the parties hereto that the parties hereto are not a party to the City/County Intergovernmental Agreement creating the WCRCC and that the parties hereto accrue no right or benefits to any of the terms, covenants or conditions of said agreement either as a party or third party beneficiary and the law enforcement agencies hereby agree that the terms and conditions of the City/County Intergovernmental Agreement do not in any manner provide privity or standing to the user to enforce any of the terms or conditions of the Intergovernmental Agreement between the City and the County creating the WCRCC. 4 The terms and ctmdtttons of this Agreement are to addition to am a ci4 terms Arid conditions of existtng.mte gvvernt ental agreements by and between the Weld CQuntyi lair enforcementagenctek 3 960270 10. This Agreement is for an indefinite term and is subject to revocation without notice to law enforcement agencies in the sole discretion of WCRCC, City of Greeley, the County of Weld, individually or jointly. pp � DATED THIS � D- DAY OF b/I,I.la L.0 , 19%. ATTEST: CITY OF GREELEY, COLORADO, a Municipal corporation, by and through the City Council i City Cl k ayor APPROVED AS TO SUBSTANCE: APPROVED AS TO LEGAL FORM: �114 4 g By: J City Manager a-rc City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: • Director inance ATTEST: COUNTY OF WELD, a body corporate and politic by and through the Board of County Commissions lerk to the Board hairman AP ROVED AS T S TANCE: APPROVED TO LEGAL FORM: By: C my Finance Director d County Attorney SIGNATURE PAGES OF WELD COUNTY LAW ENFORCEMENT AGENCY(S) IS ATTACHED 4 960270 i' SIGNATURE PAGE OF WELD COUNTY LAW ENFORCEMENT AGENCY FOR INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATION RELAY The L< (- 0 hereby agrees to all of the terms, conditions, provisions set forth in the Intergovernmental Agreement for Communication Relay of Law Enforcement Aid and Assistant Requests Through the Weld County Regional Communication Center. Specifically, and without limitation, the undersigned agency agrees to use its best efforts in complying with the procedures set forth in paragraph 2 of the Intergovernmental Agreement and to pay all costs incurred by another agency on behalf of this agency in responding to any calls for assistance as required in accordance with paragraph 3 of the Intergovernmental Agreement. DATED this, `day of , 1996. WELD COUNTY LAW ENFORCEMENT AGENCY By: Title: P-F Agency: V) cc3a• ��f,,, 960270 CITY OF GREELEY, COLORADO RESOLUTION NO. 5 , 1996 • • A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY AUTHORIZING USE OF THE WELD COUNTY REGIONAL COMMUNICATIONS CENTER BY OTHER COUNTY AGENCIES FOR AID AND ASSISTANCE REQUESTS. WHEREAS, Weld County and the City of Greeley entered into an Intergovernmental Agreement on May 3, 1993, establishing the Weld County Regional Communications Center ("WCRCC"); and WHEREAS, the WCRCC has the capacity of providing communications to law enforcement agencies throughout Weld County; and WHEREAS, other agencies in Weld County are desirous of utilizing the WCRCC for requests for aid and assistance by other enforcement agencies, and have agreed to the terms and conditions of the WCRCC providing this assistance; and WHEREAS, the City and the County are authorized to enter into intergovernmental agreements by virtue of § 29-1-203, C.R.S., art. 2, § 2-3, Weld County Home Rule Charter, and the City of Greeley Charter § 3-7. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GREELEY, COLORADO: 1. The Mayor of the City of Greeley, Colorado is hereby authorized to enter into the Intergovernmental Agreement authorizing use by other county agencies of the Weld County Regional Communications Center for requests for assistance and aid by other county enforcement agencies, as more fully set forth in the Intergovernmental agreement attached hereto as Exhibit "A". 2. This resolution shall become effective immediately upon its passage. PASSED AND ADOPTED, SIGNED AND APPROVED this 20th day of February , 1996. ATTEST: THE CITY OF GREELEY, COLORADO . A B� City Clerk ayor J 96O2 Oaq Hello