HomeMy WebLinkAbout20191694.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR WELD COUNTY DRUG TASK
FORCE AND AUTHORIZE CHAIR PRO-TEM TO SIGN - GREELEY POLICE
DEPARTMENT AND EVANS POLICE DEPARTMENT
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 the
Weld County Drug 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 Greeley Police Department and the Evans Police Department, commencing April 1, 2019,
with further 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 the Weld County Drug 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 Sheriff's Office, the Greeley Police Department,
and the Evans Police Department, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 1st day of May, A.D., 2019, nunc pro tunc April 1, 2019.
BOARD OF COUNTY COMMISSIONERS
,,,/ WELD COUNTY, COLORADO
ATTEST: ddreitsiv.,�p:&k, EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk
APPAS
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Date of signature: tot
Mike Freeman, Pro-Tem
Steve Moreno
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5/IQ/►9
2019-1694
SO0040
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County Drug Task Force IGA
DEPARTMENT: Sheriffs Office DATE: 04/15/2019
PERSON REQUESTING: Sheriff Steve Reams
Brief description of the problem/issue:
Earlier in 2019, the Sheriff's Office met with the BOCC in a work session to discuss a new inter -governmental
agreement between Greeley Police Department, Evans Police Department and the Sheriffs Office for the
operational structure of the task force going forward. This was precipitated by changes in Federal requirements
for Equitable Shares and how task forces are not legal entities and therefore not allowed to receive seizures.
The result of this new agreement will be mutually beneficial to each of the agencies involved. It makes Greeley
the sole fiduciary entity of the task force and they then assume all liabilities associated with this designation.
This wilt also result in a distribution of equitable shares to Weld County — to be used for law enforcement
purposes in accordance with the federal requirements. There will be minimal changes in the financial
responsibilities associated with the Sheriffs Office and task force, and they will be planned for during the
regular budget process within the existing budget.
This IGA has been reviewed by the County Attorney's Office and no issues were noted.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1) Approve the IGA and authorize the Chair to sign.
2) Schedule a Work Session to discuss options.
3) Deny the IGA. This will result in a financial loss to the County of existing Equitable Shares to be
distributed to each of the entities that participated in the seizure of such resources.
Recommendation:
Approve and sign the IGA with Greeley Police Department and Evans Police Department.
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Recommendation
Schedule
Work Session
Other/Comments:
5/%
2019-1694
SO 00;0
Stephanie Frederick
From:
Sent:
To:
Cc:
Subject:
To all,
Steven Reams
Tuesday, April 23, 2019 7:21 AM
Commissioners; Barb Connolly
Don Warden; Jennifer Oftelie; Donnie Patch
Drug Task Force IGA
Barb Connolly left me a voice mail after the meeting yesterday requesting some additional clarification from our work
session yesterday. The new IGA would transfer fiduciary responsibility to the City of Greeley (GPD). This would mean
the current equitable and non -equitable funds would be transferred over. The equitable funds would essentially act as a
rainy day fund in the event that capital purchases were needed as equitable shares can no longer be used in the same
manner as they were in the past.
I'm sorry I didn't make this point more clear but again, this is in response to the new federal guidelines for multi -agency
task force operations. The meat of the IGA is that all funds transfer to GPD for management, we contribute 20% of
admin costs + 2 FTE (investigators) and we receive 20% of all equitable shares disbursements. Disbursements are no
longer determined by the task force control board as that process violates the federal guidelines.
If we need to have another work session, let me know.
Reams
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INTERGOVERNMENTAL AGREEMENT REGARDING THE WELD
COUNTY DRUG TASK FORCE
Greeley Police Department
Weld County Sheriff's Office
Evans Police Department
This Agreement is made and entered into this / day of� 2019 by and between the City of
Greeley by and through the Greeley Police Departent, Board of Co my Commissioners of Weld County
on behalf of the Weld County Sheriffs Office, and the City of Evans by and through the Evans Police
Department.
Whereas, the City of Greeley, the County f Weld, and the City of Evans (individually referred to
as a "Party" and collectively referred to as the "Parties") are political subdivisions of the State of
Colorado duly organized and existing in accordanc with Colorado law; and
Whereas, pursuant to CRS Section 29-1-203(1), the Parties, are authorized to cooperate with
one another to provide any function or service lawfully authorized to each and are therefore authorized
under CRS 29-1-203(1), to enter into this agreement; and
Whereas, the Parties recognize that a cooperative and coordinated multi -jurisdictional drug Task
Force is the most effective and efficient way to impact the existing drug problem that crosses
jurisdictional boundaries within Weld County; and
Whereas, the Parties believe that the pooling of each Party's resources, information, expertise,
equipment, and money allows for a greater impact on the drug problem than any one Party could
achieve within their own jurisdictional boundaries; and
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Whereas, the objectives of the Parties are to impact the availability of drugs locally and
regionally through a balanced enforcement approach which targets high-level dealers/wholesalers, as
well as neighborhood drug problems (resources allowing); provide a deterrent to the distribution of
drugs by increasing the risk of detection, apprehension, prosecution and conviction, And
Whereas, the Parties to this Agreement previously entered into an Intergovernmental
Agreement dated December 21, 1999 which provided for the formation and continued operation of the
Weld County Drug Task Force, and although the previous agreement has been mutually beneficial, the
Parties desire to provide for the continued existence of the Task Force and provide for changing
circumstances of its membership through this new Agreement.
NOW, THEREFORE, in consideration of the Parties' mutual promises and agreements contained
herein, and other good and valuable consideration, the receipt in adequacy of which are hereby
acknowledged, the Parties agree as follows:
1. Termination of prior intergovernmental agreement: The Parties agree that this agreement
shall replace and supersede in all respects any previous agreement between them concerning
the operation of the Task Force as of April 1, 2019.
2. Purpose and Continuation of Task Force. The Parties hereto agree to the continuation of the
association of entities known as the Weld County Drug Task Force (the "Task Force") for the
purpose of coordinating and facilitating multi -jurisdictional drug enforcement. The Task Force is
not a separate legal entity. The Parties enter into this agreement as separate and independent
entities and each shall maintain such status throughout the term of this Agreement. All Task
Force operations will be primarily focused on the following Areas:
A. Conducting investigations related to the unlawful sale, distribution, or manufacturing of
controlled substances and other related criminal activity in the Weld County area. The
emphasis of these efforts will be to target medium to large sized distribution networks
with an emphasis on identifying and eliminating, to the extent possible, drug trafficking
organizations at their source.
B. Establish and maintain a viable and efficient criminal intelligence system that will
provide for the collection, storage, and dissemination of relevant criminal intelligence to
those authorized by law to receive it.
C. Maintain effective collaboration with the 19th Judicial District Attorney's Office to work
towards prosecution strategies that are in the best interest of the community.
Furthermore, the Weld County District Attorney's Office and the Task Force will
coordinate and collaborate on asset forfeitures that are handled through the State of
Colorado legal system.
3. Term of the agreement: The term of this Agreement shall begin April 1, 2019, and continue for
consecutive one-year periods ending on March 31, 2024, unless sooner terminated as provided
herein or extended by mutual written agreement of the Parties. The Parties shall review this
agreement at least every five (5) years to determine if renewal is appropriate.
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4. Management Committee: The Management Committee shall be comprised of the Chief of
Police or Sheriff of each of the Managing Agencies, or their designees, The role of the
Management Committee is to provide strategic guidance to the Task Force Commander.
A. Financial Reports: The Management Committee shall receive a financial report from the
Task Force Commander or the Financial Coordinator prior to each scheduled committee
meeting. The substance of the financial report will be determined by the management
committee.
S. Task Force membership: Any law -enforcement agency in Weld County may become a member
of the Task Force by providing the Management Committee with a proposal identifying the
personnel the agency wishes to contribute to the Task Force. The Management Committee has
the authority to approve this membership. Any agency granted membership to the Task Force
must agree to the terms and conditions of this Agreement and shall execute a counterpart copy
of this Agreement and all subsequent amendments or addenda thereto, at which point such
agency will become a Party to this Agreement. Any personnel assigned to the Task Force shall
remain an employee of their respective agencies. Increasing or decreasing personnel assigned
to the Task Force will require a review and adjustment to this agreement as it relates to Fiscal
Management, Section 9 of this agreement.
A. Managing Agency: A law enforcement agency that has assigned full-time personnel to
the Task Force operations is designated as a "Managing Agency." The actual number of
full-time personnel assigned to the Task Force operations by each agency may fluctuate
year-to-year, depending on the financial circumstances of each agency and the addition
or withdrawal of any other agency to or from the Task Force operations.
B. Participating Agency: Any law enforcement agency that does not assign personnel to
the Task Force operations, but does provide investigative cooperation, enforcement
assistance, intelligence and information sharing and /or any other non -personnel
contribution to the Task Force operations is defined as a "Participating Agency."
Participating agencies are not voting members of the Management Committee and will
not receive any asset forfeiture distributions. As part of the working relationship with
the Task Force, Participating Agencies may receive assistance in narcotics investigations
including the investigation of illegal drug laboratories, access to investigative technology
and the ability to access the Task Force criminal intelligence system through Task Force
detectives and supervisors. Requests for assistance will be approved by the
Commander based on available resources and other Task Force priorities.. The Task
Force Commander will attend the Weld Chief's Association meetings, as directed by the
Management Committee, to provide an update on task force priorities and current
projects.
C. Other Agencies or affiliations: The Federal Drug Enforcement Administration, FBI,
probation or parole Divisions and the Colorado National Guard (through counter drug
programs) may assign personnel to the Task Force operations. The obligations of these
agencies are governed by a separate agreement.
6.. Task Force Organization: Sworn personnel engaging in operational activities through the Task
Force shall have full peace officer authority and arrest powers within Weld County through the
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Weld County Sheriff's Office commissions in addition to the authority granted by the home
agency. Additionally, sworn personal may operate in other areas under the authority of any
federal deputation, which may be granted to the Task Force members. Task Force policy and
procedure will parallel that of the Greeley Police Department, which acts as the administrative
agency for the Task Force. Personnel assigned to the Task Force shall follow GPD policy. In case
of an alleged policy violation the Task Force Commander will collaborate and assist the home
agency of any Task Force employee who may be undergoing a personnel
investigation_ Disciplinary action shall be the responsibility of the employee's home agency.
A. Task Force Commander: The Commander who also serves as the Project Director for
the Task Force shall be a Greeley Police Commander and is subject to the Greeley Police
Department chain of command. The Commander or their designee shall manage field
and investigative operations of the Task Force. The Commander shall supervise the Task
Force Sergeant(s). The Commander is authorized to apply for grants or to seek
supplemental funding sources through state or federal avenues and are to be used for
purposes related to Task Force operations.
B. Task Force Sergeants: Task Force Sergeants shall supervise detectives and/or officers
assigned to Task Force operations. Supervision does not include the authority to make
personnel decisions, but the Task Force Sergeant may communicate with the agency
that employs those assigned to Task Force operations regarding a person's conduct and
performance during Task Force operations.
C. Detectives and Civilians assigned to Task Force operations: Task Force detectives and
civilian personnel assigned to Task Force operations will work as part of a mixed agency
team under the supervision and direction of the Commander and Sergeant(s). The
Managing Agency executives shall have sole discretion concerning the assignment of
their personnel to the Task Force. Due to the unique nature of the assignment, it is
recommended that a formal selection process be conducted with the current task force
supervisor(s) participation. Applicants may be required to successfully complete a drug
screen (urinalysis), polygraph examination and financial background investigation
(according to the Fair Credit Reporting Act rules and regulations), and an employment
background investigation including review of personnel files. The Commander may also
remove individuals from participation in Task Force operations with approval of the
individual's home agency.
D. Nothing contained in this Agreement, and no performance under this Agreement shall in
any respect alter or modify the status of officers, agents, or employees of the respective
parties for purposes of workers' compensation or their benefits or entitlements,
pension, levels or types of training, internal discipline, certification, or rank procedures,
methods, or categories, or for any purpose, or other conditions or requirements of
employment. While assigned to the Task Force, employees remain subject to their
home agency's human resource regulations.
E. All agencies that utilize resources that come about as a result of Task Force operations
shall agree to follow the protocols established by the Task Force or set forth in the
Greeley Police Department's policies. Direct access to the Task Force intelligence
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system is available to selected members of the Managing Agencies. Direct access to the
intelligence system shall not be allowed to a Managing Agency employee until the
Commander or Sergeant(s) verify the employee has completed the Task Force
intelligence training, and the employee agrees to follow the Task Force requirements
and protocols governing use of the intelligence system. Participating Agencies are
encouraged to access the intelligence system through a Task Force detective or
supervisor in accordance with Task Force policy.
F. In order to maintain consistency in operations, the members of the Task Force shall
utilize the following support services of the Greeley Police department. All evidence
collected during Task Force operations will be stored by the Greeley Police
Department's Property and Evidence section. All police reports and associated
paperwork shall be maintained by the Greeley Police Department Records Section.
Computer support and other IT services will be provided by the City of Greeley
Information Technology Division with necessary assistance from Weld County Public
Safety Information Technology. Other support services for the Task Force will be
decided based on the type of service, geographic location and availability,
7. Initial Transition of Equitable Funds: The Parties acknowledge that this Agreement replaces the
previous Agreement controlling the structure and operations of the Task Force. As of February
26,2019, the Task Force currently has equitably shared reserves in the amount:
• Department of Justice- $243,760.62
• Department of Treasury- $31,534.51
In order to comply with federal rules, the Parties agree that all existing Task Force equitably
shared federal funds shall be transferred to the City of Greeley which is acting as the fiduciary
for the Task Force. The City of Greeley will distribute those funds to the member agencies
according to the sharing percentages noted in section 9(F) below. The member agencies may
use these funds at their discretion but must remain in compliance with the Department of
Justice Guide To Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies, July
2018. Nothing in this paragraph shall limit or restrict the existing management committee and
Task Force Commander from spending necessary funds as authorized in this Agreement while
this transition occurs.
8. Initial Transition of Non -Equitable Funds: All non -equitable funds (those forfeited funds not
received through the federal government) shall be transferred to the City of Greeley in their
entirety. Those funds shall be held by the City of Greeley to support future task force
operations. As of February 26, 2019, the Task Force currently has non -equitably shared reserves
in the amount of $515,585.77.
9. Fiscal Management: The Commander shall oversee the fiscal management of the Task Force.
There shall be a financial Coordinator who shall be supervised by the Greeley Police Chief or
his/her designee. Financial policies and procedures of the City of Greeley shall govern all
financial matters involving the Task Force.
A. Grant Funding: The Greeley Police Department shall act as the sub -grantee for any
state or federal drug grants or awards. The Commander shall act as the grant
coordinator or manager. No grant which requires matching funds will be applied for
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without consultation and approval of the Management Committee. Grant match
obligations, if any, shall be apportioned among the Managing Agencies according to
each agency's proportionate share of full time personnel under the command structure
of the Task Force.
B. Funding Strategy: Essential to the sustainability of the Task Force is a funding strategy
that minimizes dependence on federal grant funding. In recognition thereof, each
Managing Agency shall fund its own personnel costs incurred in its performance of the
Task Force operations. Other expenses such as vehicles, supplies and other operating
expenses shall be covered through the Task Force's allotted budget. Federal and/or
state grant awards and project income, which includes monies from seizure/forfeiture
awards, court surcharges, restitution, and interest from Task Force operations in the
designated agency's reserve accounts, may be used for expenses specific to carrying out
daily drug enforcement efforts, including but not limited to confidential funds, off -site
lease expenses, a portion of overtime, and other operating expenses not otherwise
funded or provided. Supplemental funding that may be received for overtime will be
reimbursed to each Managing Agency. Overtime reimbursement awarded shall not
exceed the proportionate share of the award based upon the agreed sharing
percentages.
C. Equipment: Equipment and/or vehicles purchased in whole or in part, through funding
or equitable sharing, prior to the implementation of this agreement, shall be jointly -
owned by all Managing Agencies. In the event the Task Force is disbanded in its
entirety, or a member agency elects to leave Task Force membership, such equipment
will be distributed pursuant to the sharing percentages in this Agreement noted in
Section F below. Percentage of ownership will be determined through the formula
established in section F below. Items purchased with Equitable sharing funds will be
distributed in accordance with the current Department of Justice "Guide to Equitable
Shoring for State, Local, and Tribal Law Enforcement Agencies." Managing Agencies will
be entitled to proportional shares after 3 years of continual Managing Agency
status. Maintenance, repair and replacement of any such equipment shall be the
responsibility of the Task Force Commander or their designee.
D. Joint Use and Operation: Equipment, including but not limited to computers, hardware
and software, vehicles, cell phones, and any other equipment owned by an Agency that
is used, or has been made available for use by for Task Force operations, shall remain
the property of said Agency. All maintenance, replacements and repairs of such
equipment shall be the responsibility of that Agency.
E. Task Force Asset Forfeiture Distributions: The Commander shall be the signatory for
the Management Committee to dispose of forfeited property in accordance with federal
and state guidelines. Further, any revenue or assets generated through forfeiture
actions initiated by or processed through Task Force operations shall be distributed to
the Managing Agencies based on formulas set forth in this Agreement. However, when
an asset forfeiture results from Task Force activity, the federal match percentage, or
state award of such asset forfeiture shall first be placed directly into the designated
agency's account before any distribution under this paragraph is made.
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F. Equitable Sharing/Seizures: Each Managing Agency shall be responsible for staying in
compliance with all applicable federal agency guidelines regarding the use and
management of equitable sharing dollars. Direct requests for equitable sharing by
Managing Agencies will be determined by the percentage of the requesting agency's
contribution of full time investigative employees to the Task Force. In these instances,
the requesting agency shall complete a DAG71 (form for federal asset sharing)
requesting asset sharing from a Task Force seizure case. Effective April 1, 2019 the
following equitable sharing percentages for monetary forfeitures will be adhered to:
Percentages based on 12 Full time Task Force employees
Agency
Number FTE
Percentage
Greeley Police
9
73
Weld County Sheriff
2
20
Evans Police
1
7
The Evans Police Department agrees to accept a reduced equitable share distribution in
lieu of making an upfront contribution for administrative costs. Therefore, the
administrative agency will be entitled to deduct 3% of the equitable share distribution
percentage from the Evans Police Department's share to help compensate the
administrating agency for administrative cost. The Weld County Sheriff's Office agrees
to contribute 20% of the administrative and operational cost of the task force, which
includes the cost of the task force commander and administrative assistant.
When tangible property (i.e. motor vehicle, trailer, technology, etc.) is forfeited for Task
Force use, the Administrative Agency will complete the DAG71 and that property will be
designated for Task Force Use.
G. Non Equitable Sharing/Seizures: Assets that are forfeited through the State of
Colorado forfeiture system are referred to as "non -equitable" funds. These funds will
remain in a separate accounting fund so that the non -equitable funds are not co -
mingled with the equitable sharing from the federal government. Transfer,
management and disbursement of non -equitable funds will be the responsibility of the
fiduciary. The fiduciary will prepare a financial statement to be presented to the
Management committee at each regularly scheduled meeting.
10. Voluntary Change of Membership Level: It is agreed that participating in the Task Force is
voluntary, and that in the event a Managing or Participating Agency wishes to change its level of
participation in the Task Force, said agency shall notify the Management Committee not less
than ninety (90) days Prior to the anticipated change. An agency changing from a Managing to a
Participating Agency shall have no claim of ownership over any assets purchased in whole or in
part through grant funding, or to that Party's funds held for Task Force operations, equipment
or vehicles acquired through forfeiture proceedings, nor any asset forfeiture proceeds which
have been applied for, but have not yet been distributed at the time of the notice. All such
assets, equipment, vehicles and forfeiture proceeds shall be retained by the then existing
Managing Agencies. Change in participation level pursuant to this section shall not relieve a
Party of its obligations incurred up to the change date. Any Participating Agency that wishes to
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become a Managing Agency shall notify the Commander and provide the Management
Committee with a proposal regarding personnel that they will assign under the command of the
Task Force. The change in membership status is not effective until approved by the
Management Committee.
11. Indemnification and Liability: The Parties acknowledge that each are governmental entities
that may not be permitted under current Colorado law to indemnify another entity, and further
acknowledge that each Party's agreement to indemnify the other is limited by applicable
constitutions, statutes and case law. As such, to the extent permitted by law, each Party shall
indemnify and hold harmless the other Parties, their officers, employees and agents from and
against all liabilities, claims and demands that may arise from the negligent acts or omissions of
the indemnifying Party or any of his or her subordinates, agents or other persons acting under
its authority. In addition, the indemnifying Party shall indemnify the other Parties, their officers,
employees and agents for all costs and expenses related to defending such liabilities, claims and
demands, including, without limitation, litigation costs and attorneys' fees, whether or not such
liabilities, claims or demands are groundless, frivolous, false or fraudulent. However, the Parties
agree that all such liabilities, claims and demands shall be subject to any notice requirements,
defenses, immunities or limitations to liability under the Colorado Governmental Immunity Act
(Section 24-10-101, C.R.S., et seq.) and to any other defenses, immunities or limitations to
liability available pursuant to law.
12. Workers' Compensation Insurance. If an employee of a Party is injured, disabled or dies while
providing services to the Task Force under this Agreement, said individual shall remain covered
by, and eligible for, the workers compensation and other benefits to which said individual would
otherwise be entitled if the injury, disability or death had occurred while acting solely as an
employee of the Party and not providing services to the Task Force under this Agreement.
13. Vehicles. Only Employees of the Greeley Police Department, the Weld County Sheriff's Office,
the Evans Police Department or any other agency as may from time to time be authorized by the
Commander or their designee ("Authorized Agencies") shall be authorized or permitted to
operate any vehicle owned, leased, controlled and/or insured by the Task Force or the Greeley
Police Department (collectively referred to as a "Task Force Vehicle"). In the event an employee
of an Authorized Agency other than the Greeley Police Department is involved in an accident
while operating a Task Force Vehicle, it shall be the obligation of the employing agency to
indemnify the City of Greeley from any and all liability pursuant to paragraph 10. The employing
agency shall reimburse the City of Greeley for any expenses, fees and/or costs related to an
accident occurring in a Task Force Vehicle no later than thirty (30) days after receiving written
notice from the City of Greeley of the expenses, fees or costs. Managing Agencies shall be
financially responsible for any damage that occurs to a vehicle while assigned to an employee of
that Managing Agency
14. Contingencies: This Agreement and obligations of the Parties hereunder are expressly
contingent upon each Party's budgeting and appropriating the funds necessary to fulfill the
Party's obligations hereunder.
15. No Third Party Beneficiaries: This Agreement is made for the sole and exclusive benefit of the
Parties hereto and shall not be construed to be an agreement for the benefit of any third party
or parties and no third party shall have a right of action hereunder for any cause whatsoever
16. Waiver: No waiver by any of the Parties hereto of any of the terms and conditions of this
Agreement shall be deemed to be or be construed as a waiver of any other term or condition of
8
this Agreement, nor shall a waiver of any breach of this Agreement be deemed to constitute a
waiver of any subsequent breach of the same provision of this Agreement.
17. Severability: If any provision of this Agreement, or the application of such provision to any
person, entity or circumstance, shall be held invalid, the remainder of this Agreement, or the
application of such provision to persons, entities, or circumstances other than those in which it
is held invalid, shall not be affected thereby.
18. Force Majeure: Notwithstanding anything contained herein to the contrary, it is agreed that in
the event and to the extent that fire, flood, earthquake, natural catastrophe, explosion,
accident, war, illegality, act of God, or any other cause beyond the control of any of the Parties
hereto, or strikes and labor troubles (whether or not within the power of the Party affected to
settle the same) prevents or delays performance by any Party to this Agreement, such Party
shall be relieved of the consequences thereof without liability, so long as and to the extent that
performance is prevented by such cause; provided, however, that such party shall exercise due
diligence in its efforts to resume performance within a reasonable period of time.
19. Authority: The persons who sign and execute this Agreement represent that they are duly
authorized to execute this Agreement in their individual or representative capacity.
20. Binding Effect: The Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors and assigns.
21. Counterpart and Electronic Signatures: The Parties agree that counterpart signatures shall be
acceptable and that execution of the Agreement in the same form by each Party shall be
deemed to constitute full and final execution of the Agreement. This Agreement may be
executed and delivered by electronic signature by any Party and all Parties consent to the use of
electronic signatures.
22. Law Enforcement Authorization: To the extent any Parties to this Agreement (Managing,
Participating or Contributing) are also signatories to the February 10, 2015 "Agreement for Law
Enforcement Authorization", an officer's assignment to the Task Force shall constitute notice as
required by Section 4(A) of the "Agreement for Law Enforcement Authorization" and no further
notice shall be necessary as long as the officer remains assigned to the Task Force.
23. Dissolution: Upon a majority vote of the Managing Committee and approval by each Party's
Chief of Police or Sheriff, the Task Force may be completely dissolved. Upon dissolution, any
assets, equipment or funds shall be distributed as follows:
All assets of the Task Force will be divided between the then existing Managing Agencies
based upon the percentage of full time employees assigned by each Managing Agency
to the Task Force as of the date of the dissolution vote.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by each Party's
duly authorized representatives as set forth below.
Greeley Police Department Date
9
(5€E NFxr f AG F)
Weld County Sheriff's Office Date
Chief Rick D.
Brandt
Du3:ia1Iysigncdby CFM Pi;F BranM
ON cn_Ch:et PickD Brandt,o-Evans
POce Department, o.,
t, oI:lb:andt�nevanscolaradc g5v c -U5
Date 201904051553584600
Evans Police Department
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
By: 11
Mike Freeman, Chair Pro-Te
By
Date
10
02o/9-/Gg1
RE: INTERGOVERNMENTAL AGREEMENT REGARDING THE WELD COUNTY DRUG
TASK FORCE
APPROVED AS TO SUBSTANCE:
APPROVED AS T FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
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