HomeMy WebLinkAboutResolution-1995-1486
RESOLUTION NO. 1486
Senes of 1995
TITLE: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WHEREAS, SectlOn 14.2 of the Home Rule Charter of the City of Wheat
Ridge provides express authonty to enter mto intergovernmental agreements provldmg for
cooperative efforts between governments, and
WHEREAS, the mvestlgatlOn, enforcement and prosecution of certam cnmes IS
more effiCiently and effectIvely pursued on a reglOnal basIs, utilizing the combmed resources of
numerous law enforcement JunsdlctlOns, and
WHEREAS, the law enforcement entIties within the Junsdlctions of the City of
Arvada, CIty of Lakewood, City of Golden, Jefferson County, Jefferson County Shenff s
Department and the FIrSt JudIcial District of Colorado, as well as the City of Wheat RIdge Police
department have umversally recognized, and agreed that a cntlcal need eXists wlthm the
Jefferson County RegIOn to combine law enforcement resources to effectively combat drug
related cnmes, and
WHEREAS, both the regIonal and local needs will be met on an Improved level,
WIthout an mcrease m costs to the City of Wheat RIdge, but a potential for more direct benefits
eXits with the additional available resources
NOW, THEREFORE, BE IT RESOL VED that:
Sec 1 The Mayor of the CIty of Wheat Ridge IS hereby authorized to execute an
mtergovernmental agreement With the CitIes of Arvada, Lakewood, and Golden, the County of
Jefferson, the Jefferson County Shenff s Department, and the First JudiCial Distnct of Colorado
to create and participate as a member m the Jefferson County Law Enforcement Task Force
DONE AND RESOL VED THIS 11 th day of September, 1995
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Dan Wilde, Mayor
ATTEST:
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Wanda Sang, City Clerk J
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City of Lakewood
Police Department
Office of the Chief
445 South Allison Parkway
Lakewood, Colorado 80226-3105
Voice: 303/987-7100
TDD 303/987-7111
Fax. 303/987-7194
November 3, 1995
Chief Jack Hurst
Wheat Ridge Police Department
Post Office Box 638
Wheat Ridge, Colorado 80215-6797
I am returning the fully executed Intergovernmental Agreement to establish a
Jefferson County Drug Task Force between the district attorney of the First Judicial
District, the Jefferson County Sheriff's Department, and the cities of Arvada, Golden,
Lakewood, and Wheat Ridge,
Thank you for your cooperation throughout this agreement process We are looking
forward to the implementation of this task force.
CHARLES JOHNSTON
Chief of Police
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Lori Miller
Administrative Assistant
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Enclosure
Commissioner stone moved that the following Resolution be
adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
RESOLUTION NO. CC95-633
RE: SHERIFF'S DEPARTMENT - INTERGOVERNMENTAL AGREEMENT - WEST
METRO DRUG TASK FORCE
Resolved, that the Board of County Commissioners hereby approves
the Inter-agency Agreement between the County and the District
Attorney and the cities of Arvada, Golden, Lakewood and Wheat
Ridge. The Authorized Representative under this Agreement is
Sergeant Richard Webb. Lieutenant Ted Mink of the Arvada Police
Department will be the Project Director. Sergeant Richard Webb
of the Jeffco Drug Task Force will become the Administrative
Sergeant of the West Metro Drug Task Force.
Commissioner Miller seconded the adoption of the foregoing
Resolution. The roll having been called, the vote was as follows:
Commissioner John P. Stone
Commissioner Betty J. Miller
Commissioner Gary D. Laura, Chairman
AYE
AYE
AYE
The Resolution was adopted by unanimous vote of the Board of
County Commissioners of the County of Jefferson, State of
Colorado.
Dated: October 31, 1995
AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE CITIES OF ARVADA, LAKEWOOD, WHEAT RIDGE, AND GOLDEN,
THE DISTRICT ATTORNEY FOR THE FIRST JUDICIAL DISTRICT OF COLORADO,
AND THE JEFFERSON COUNTY SHERIFF'S DEPARTMENT
TO ESTABLISH A JEFFERSON COUNTY TASK FORCE
1 0 PARTIES. This Agreement is made and entered into by and between the cities of Arvada,
Lakewood, Wheat Ridge, and Golden, the District Attorney for the First Judicial District of Colorado,
and Jefferson County, on behalf of the Jefferson County Sheriff's Department (hereinafter referred to
as the "Parties n)
20 RECITALS.
2 1 Intergovernmental agreements to provide functions or services, including the sharing
of cost of such services or functions by political subdivisions of the State of Colorado, are
specifically authorized by Section 29-1-203 C R.S (1986).
2 2 The Parties hereto are each authorized to lawfully provide, establish, maintain, and
operate law enforcement and other emergency services.
2 3 Contiguous boundaries often result in more than one police department becoming
involved in the investigation of criminal enterprises
2.4 The ability of a Party to respond to criminal enterprises may be limited by its personnel
and equipment.
2 5 It is in the best interest of the Parties to maintain uniform equipment, training, policies,
procedures, and personnel standards, pertaining to the investigation of drug and vice offenses,
so that each may have the service of the other Parties to assist in the identification,
investigation, and prosecution of individuals and groups involved in trafficking illegal drugs and
other associated criminal enterprises
2 6 The Parties desire to establish and implement a Jefferson County Task Force
(hereinafter referred to as "Task Force")
2 7 Other parties who provide similar services and maintain similar equipment may, in the
future, desire to be included in this Agreement.
2 8 Establishment of an Intergovernmental Agreement provides a public purpose and will
promote the safety, security, and general welfare of the inhabitants of the cities and Jefferson
County
3 0 TERMS AND CONDITIONS.
3 1 It is understood and agreed that this Agreement is intended to facilitate cooperation
between the Parties in the provision of the services provided herein, but does not establish a
separate legal entity to do so, and, except as set forth herein, this Agreement does not
authorize any Party to act for any purpose whatsoever This Agreement shall provide only for
sharing of in,kind services and costs by the Parties toward the establishment of a common
mutual goal, said goal being the joint development of the Task Force to be utilized in the
identification, investigation, and prosecution of individuals and groups involved with the
trafficking of illegal drugs and associated criminal enterprises
g All evidence and property seized as a result of a Task Force operation by
officers assigned to the Task Force shall be seized, identified, preserved, booked, and
stored pursuant to the policies and procedures currently in effect with the Commission
on Accreditation For Law Enforcement Agencies.
h Each officer assigned to the Task Force shall be provided a vehicle and usual
personal equipment required for the execution of law enforcement duties by their
respective agencies
i Officers assigned to the Task Force shall be subject to the supervision of the
supervisory and command personnel assigned to the Task Force regardless of which
Party assigned the supervisor or officer to the Task Force.
j. Funding for the Task Force shall be from a grant obtained by the Jefferson
County Sheriff's Department. Said grant matching funds will be contributed by the
Jefferson County Sheriff's Department. It is agreed by the parties that the matching
funds contributed by the Jefferson County Sheriff's Department shall be repaid to
Sheriff's department through net forfeitures resulting from seizures of money and/or
personal and real property resulting from Task Force operations. Net forfeitures shall
be defined as money available after deducting all applicable expenses associated with
the operation of the Task Force, including the division of seized assets with agencies
not a Party to this Agreement. Once the initial matching contribution is repaid to the
Jefferson County Sheriff's Department, net forfeiture funds shall be distributed by the
Governing Board based upon the relative participation of each agency as determined
by the Governing Board.
Forfeitures resulting from seizures of money and/or personal and real property
resulting from any individual Party's operations outside of the Task Force operations
shall not be considered as funds for the Task Force, and shall be the sole property of
the Party whose operation generated the forfeiture assets
k. Task Force forfeiture funds will be audited on a quarterly basis pursuant to the
rules adopted by the Governing Board. The results of the audit will be presented to the
governing board for review
I. Governing board members, at their discretion and individual agency expense,
may elect to conduct an independent audit of the forfeiture funds
m. No forfeiture funds will be transferred to the Task Force for operational
expenditures without written authorization of the designated Task Force Commander.
n A governing board shall be created to establish policies. rules and, procedures,
and promulgate such, and oversee operational and administrative matters of concern
to the Task Force, referred to as the "Governing Board" The governing board shall
include the CEO or designee of each City, the District Attorney of the First Judicial
District of Colorado, and the Sheriff of Jefferson County
3 4 Each Party shall, at all times, be responsible for its own cost incurred in the
performance of this Agreement
3 5 None of the Parties waive its rights under the Colorado Governmental Immunity Act.
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3 6 Cities situated partly or wholly within the county who wish to join this Agreement may
do so by amendment to this Agreement approved by each of the Parties to this Agreement.
The Parties are authorized to amend this Agreement to accommodate additional agencies
wishing to join in the Agreement.
3 7 The Parties enter into this Agreement as separate, independent governmental entities
and shall maintain such status throughout.
3.8 Any Party hereto may terminate its participation in this Agreement with or without
cause upon thirty (30) days prior written notice to each of the others. Upon termination of the
Task Force, any funds remaining after payment of all Task Force obligations shall be distributed
to the remaining Parties based upon the relative participation of each agency.
3 9 This Agreement shall be executed by Parties with separate signature pages.
4 0 ASSIGNMENT. This Agreement shall not be assigned by any PartY without the prior written
consent of all Parties
5 0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be
deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail,
postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address
set forth on the signature page below, or at such other address as has been previously furnished in
writing, to the other Party or Parties. Such notice shall be deemed to have been given when deposited
in the United States mail
6 0 PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the
convenience and reference of the Parties and are not intended in any way to define, limit or describe
the scope or intent of this Agreement.
7 0 INTEGRA TION AND AMENDMENT. This Agreement represents the entire agreement between
the Parties and there are no oral or collateral agreements or understandings This Agreement may be
amended only by an instrument in writing signed by the Parties If any other provision of this
Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and
all of the remaining provisions of this Agreement shall continue in full force and effect.
80 GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado
90 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the
Parties, their respective legal representatives, successors, heirs, and assigns, provided, however, that
nothing in this paragraph shall be construed to permit the assignment of this Agreement except as
otherwise expressly authorized herein
10.0 INSURANCE. The Parties shall, at their own expense, keep in full force and effect during the
term of this Agreement, and during the term of any extension or amendment of this Agreement,
insurance in such amount as necessary to comply with the limitations set forth in the provisions of
the Colorado Government Immunity Act (C R S. 24-10.101 et ~ ) as well as $1,000,000 civil rights
general aggregate limit, to insure against the liability assumed by the Parties pursuant to the provisions
of this Agreement. The Task Force shall be named an additional insured on any policy obtained by the
Parties pursuant to this paragraph The type and amount of such insurance shall be that which is
customarily obtained for similar projects by other professionals engaged in the same field and type of
work as the Parties and in accordance with generally-accepted professional practices The Parties shall
not be relieved of any liability assumed pursuant to the foregoing paragraph by reason of their failure
to secure insurance as required by this Agreement or by reason of their failure to secure insurance in
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sufficient amounts, sufficient durations, or sufficient types to cover such liability. Each party shall be
responsible for the acts and omissions of its own officers assigned to the Task Force and shall not be
responsible for the acts or omissions of other Task Force members.
11 0 WORKER'S COMPENSATION. Parties shall, at their own expense, keep in full force and effect
during the term of this Agreement Statutory Worker's Compensation insurance or adequate self-
insurance funds.
12 0 FUND A V AILABILlTY. Financial obligations of Parties after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available
13.0 PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES. Parties acknowledge and agree that
all payment obligations under this Agreement are current expenditures of Parties, payable in the fiscal
year for which funds are appropriated for the payment thereof. Parties' obligations under this
Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or
indirect debt or other financial obligation of Parties within the meaning of Article X, Section 20 of the
Colorado Constitution
14.0 RIGHT TO WITHDRAW. Any Party shall have the option to extend this Agreement on the same
terms and conditions, including the fees provided for herein, contingent upon funds for that purpose
being appropriated, budgeted, or otherwise made available by the governing body of each Party. On
thirty (30) days' prior written notice, any Party shall have the right to withdraw its participation from
this Agreement in the event that its governing body does not appropriate, budget, or otherwise make
funds available for the purpose of extending this Agreement past its initial term, or in the event that
any court of competent jurisdiction determines that any extension of this Agreement, or any portion
thereof, is in violation of Section 20, Article X, of the Colorado Constitution. Any such withdrawal
shall not be considered a breach of this Agreement or any extension thereof Any such withdrawal
shall terminate the obligations of the withdrawing Party only
150 NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall
be strictly reserved to Parties and nothing contained in this Agreement shall give or allow any such
claim or right of action by any other third party on such Agreement. It is the express intention of
Parties that any person other than Parties receiving services or benefits under this Agreement shall be
deemed to be an incidental beneficiary only
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DATED th;, .(-U;" of j ;tz-nie~ ,1995
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Rob rt G. Frie, Mayor
81 Ralston Road
POBox 8101
Arvada, CO 80001-8101
CITY OF lAKEWOOD
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CITY OF WHEAT RIDGE
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CITY OF GOLDEN
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THE DISTRICT ATTOR -~-~ST JUDICIAL
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