HomeMy WebLinkAbout20133400.tiffRESOLUTION
RE: APPROVE LAW ENFORCEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
BEEBE DRAW LAW ENFORCEMENT AUTHORITY DISTRICT
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 Beebe Draw Law Enforcement Authority District Board does not wish to
provide its own law enforcement protection and desires to use the services of the Weld County
Sheriff, and
WHEREAS, the Board has been presented with a Law Enforcement Agreement between 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 and the Beebe Draw Law Enforcement Authority
District, commencing January 1, 2014, and ending December 31, 2014, 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 Law Enforcement Agreement between 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, and the Beebe Draw Law Enforcement Authority District 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 11th day of December, A.D., 2013.
ATTEST:
Weld County Clerk to the Boar
BY:
Deputy Cler to the Boa
APP
orney
BOARD OF
WELD C
Date of signature: a/343
NTY COMMISSIONERS
OLORADO
Iliam F. Garcia Chair
ugla- Rademac er, Pro-Tem
l —/7-i
2013-3400
SD0004
LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 11th day of December, 2013, by and
between the Board of County Commissioners, Weld County, Colorado, hereinafter referred to as
"County," on behalf of the Weld County Sheriff, hereinafter referred to as "Sheriff, and the Beebe
Draw Law Enforcement Authority District, hereinafter referred to as the "District":
WHEREAS, the District is desirous of entering into a contract with the County for the
performance of the hereinafter described law enforcement protection within the boundaries of said
District at a level of service which exceeds the basic level currently provided through its Sheriff, and
WHEREAS, the County is agreeable to rendering such services and protection on the terms
and conditions hereinafter set forth, and
WHEREAS, such contracts are authorized and provided for by the provisions of
Section 30-11-406, C.R.S., and so provided for by Section 2-3 of the Weld County Home Rule
Charter.
NOW, THEREFORE, pursuant to the terms of the aforesaid statute and the Weld County
Home Rule Charter, it is agreed as follows:
1. That the Sheriff shall provide police protection within the boundaries of the District to
the extent and in a manner hereinafter set forth:
A. Except as otherwise set forth, such services shall encompass only duties
and functions of the type coming within the jurisdiction of the Weld County
Sheriff pursuant to Colorado laws and statutes.
B. Except as otherwise provided, the standard level of service provided shall be
the same basic level of service which is provided for the unincorporated
areas of similar population density in Weld County, subject to the good faith
discretion of the Sheriff in consideration of emergency or unexpected law
enforcement needs elsewhere in Weld County. The Sheriff will provide, as
part of the Agreement, directly committed patrol as deemed necessary by the
Sheriff and an unspecified amount of indirect patrol service at the same
basic level of service which is provided for the unincorporated areas of
similar population density in Weld County. Actual hours of directly committed
patrol service will be established by the Sheriff upon the assessments of
changing community needs, statistical and crime analysis information, and
other factors such as day of week, month, school versus non -school day,
holiday, and community activities or events. Total hours and exact times of
directly committed patrol service may be modified as required by the Sheriff
to ensure no set trend is established that would defeat crime prevention
aspects of patrol service.
C. The specific services provided to the District by the Sheriff will include the
following:
1) Professional investigation of criminal offenses.
2) Maintenance of complete police records system including crime
reports, arrest warrants, and on-line entry of UCR statistics into the
2013-3400
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LAW ENFORCEMENT AGREEMENT - BEEBE DRAW
PAGE 2
Colorado Crime Information Center computer, as well as entry of
stolen property and missing/wanted persons.
3) Automated crime analysis and statistical systems on in-house
systems at present capability.
4) Both in-house forensic laboratory support and proper use of the
Colorado Bureau of Investigation Lab when required.
5) Maintenance and proper handling of all evidence related to criminal
activity.
6) Development and maintenance of contingency emergency plans
upon approval and municipal police commission.
7) Crime prevention materials and programs for residential and
business applications upon request and within current capability.
8) Use of mobile crime laboratory with professional crime scene
technicians.
9) Vacation checks of private residences upon request.
10) Establishment and maintenance of Crime Prevention Programs.
11) Any other services, upon request, that are within current capabilities
and cost limitations.
D. The rendition of services, in terms of the standard of performance, the
discipline of the officers, and other matters incidental to the performance of
such services and control of personnel so employed, shall at all times be,
and exclusively remain, vested in the Sheriff and not in the district or any
officer or agent thereof. Deputies assigned by the Sheriff to provide directly
committed patrol service shall be so assigned on a rotating basis consistent
with current patrol district assignments made for the unincorporated portions
of Weld County. Rotating deputies shall be, in terms of overall performance
as evaluated by the Sheriff in accordance with County or Sheriff Department
procedure, consistent with the average representative performance of
deputies providing service in unincorporated areas of the County.
E. Such service shall include the enforcement of Colorado State Statute and
laws enforced by the Sheriff within the unincorporated areas of Weld County.
All citations written for statute or law violations will command the violator to
appear before the Weld County Court.
2. That the Sheriff shall have full cooperation from the District, its officers, agents, and
employees so as to facilitate the performance of this agreement.
3. The County shall furnish and supply all labor, supervision, equipment,
communication facilities for dispatching, cost of jail detention and booking, and all
supplies necessary to maintain the level of service to be rendered herein.
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LAW ENFORCEMENT AGREEMENT - BEEBE DRAW
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4. The District shall not be liable for the direct payment of any salaries, wages, or other
compensation to any personnel performing services herein for said County.
5. The County agrees, at its own expense, to procure adequate insurance against and
to indemnify, defend and hold the District harmless against any and all of the
following types of claims.
A. Claims by any County employee for compensation, fringe benefits of any kind
whatever (including, without limitation, pension rights or payments, insurance
of any kind, reimbursement of medical expenses, vacation pay, sick leave, or
sick pay) or indemnification for tort claim damages or similar claims for
damages (e.g., Section 1983 Claims).
B. Claims by any other party for damages for any alleged unlawful act or
omission, negligent or willful, on the part of any County employee acting
pursuant to this agreement.
6. This agreement shall be effective from January 1, 2014, to December 31, 2014.
7. The District agrees to pay the County for the services to be rendered under this
agreement a total amount equal to the property taxes and specific ownership tax
generated by 7.0 mills applied to the current year's assessed value of the District.
8. This agreement may be renewed for successive 12 -month periods upon the written
concurrence by both parties of the terms and conditions of the renewed agreement,
including any revision of rates and charges. To renew this agreement, the District
shall notify the Chair of the County and the Sheriff in writing, not later than 90 days
prior to the expiration date of this agreement, stating terms and money to be paid
under such renewal. The County and the Sheriff shall act within 15 days of the
receipt of the District notification stating terms and money to be paid to accept or
reject the proposed renewal, with the intentions and efforts of both parties being to
reach an agreement a minimum of 60 days prior the expiration of this agreement.
Otherwise, this agreement will automatically terminate by its own terms.
9. The District shall have the right to terminate this agreement at any time providing the
District provides the Sheriff and County 90 days written notice of such intention.
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LAW ENFORCEMENT AGREEMENT - BEEBE DRAW
PAGE 4
10. For the purpose of enhancing the effectiveness of law enforcement in the District,
one member of the Beebe Draw Law Enforcement Authority Board shall be
designated by the District to act as liaison between it and the Sheriff. It shall be the
purpose of the liaison designee to forward all complaints or problems from the
District in relation to the Agreement herein to the Sheriff or his Undersheriff in that
the Sheriff is responsible directly to the Beebe Draw Law Enforcement Authority
Board for maximization of effective communication. The Sheriff or his office shall
make periodic contacts with the Beebe Draw Law Enforcement Authority, Board to
discuss problems or complaints, provide crime analysis information, and assist the
district in maximizing service at minimum cost.
IN WITNESS WHEREOF, the Beebe Draw Law Enforcement Authority District, by resolution
duly adopted by its governing body, caused this agreement to be signed by its Chair and attested to
by its Clerk, and the County of Weld, by and through its Board of County Commissioners, has
caused these present to be subscribed by the Weld County Sheriff and the Chair of said Board and
the seal of said Board to be affixed thereto and attested by the Clerk of said Board, all on the day
and year first above written.
BEEBE DRAW LAW ENFORCEMENT
AUTHORIJ-Y BOARD
William F. Garcia Chair
ATTEST:A%a�..,.9)•.iC1C.
Weld County Clerk to the Board
eputy ll Boar
Deputy C to he Boar•
BY:William F.
BOARD OF COUNTY COMMISSIONERS
WELD CO.b1NGOLORADO
arcia Chair DEC 1 1 2013
WEID Ctir' NTY, H
Cooke, Sheriff
SD0004
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