HomeMy WebLinkAbout20110209.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN -TOWN OF NUNN
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 a Law Enforcement Service 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's Office, and the Town of
Nunn, commencing upon full execution, and ending December 31, 2011, with further terms and
conditions being as stated in said agreement, and
WHEREAS, a hearing before the Board was held on the 3rd day of January, 2011, at which
time the Board deemed it advisable to continue said matter to January 17, 2011, in order to allow
adequate time for staff to modify the agreement.
WHEREAS, after review on January 17, 2011, the Board deems it advisable to approve said
agreement, as modified, 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 Service 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's Office, and the Town of Nunn 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 17th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W.' D COUNTY, COL RADO
ATTEST: r I: I �� htildter
�1 arbara Kirkmey , Chair
INt Weld County Clerk to the a. t.
n 'Jr. ., v
��J�`�
can P. C prSyaY, Pro-Tem
BY:
Deputy Clerk to the Boar —s.\, / A
L
Willi F. Gare
AP V RM: Q�
David-E. Long
n y Attorney
ugl Rademacher
Date of signature: c'2/I
L� So 2011-0209
a- i SO0032
LAW ENFORCEMENT SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20 by
and between the COUNTY OF WELD, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Sheriff, whose address is P.O. Box 758, 915 10`h
Street, Greeley, CO 80631, hereinafter referred to as "the Sheriff," and the TOWN OF NUNN
whose address is 185 Lincoln Avenue, P.O. Box 171, Nunn, CO 80648, hereinafter referred to
as the"the Town."
WITNESSETH:
WHEREAS, the Town is authorized by statute to, among other things, regulate the police
of the municipality and pass and enforce all necessary police ordinances, and to, among other
things, regulate the streets, to prevent and suppress riots, routs, affrays, noises, disturbances,
disorderly assemblies in any public or private place, and to prevent fighting and all disorderly
conduct within the boundaries of the Town, pursuant to Section 31-15-401, C.R.S., and
WHEREAS, Section 31-4-306, C.R.S., provides for a town marshal for the municipality,
who shall have the same power that the Sheriff has by law, coextensive with the county in cases
of violation of the Town's ordinances, for offenses committed within the limits of the Town, and
WHEREAS, the Town, in exercising its general police power as above referenced, is
desirous of entering into an agreement with Sheriff for the performance of law enforcement
services over and above the regular law enforcement service which may be otherwise provided
by the Sheriff, and for services of a town marshal, and
WHEREAS, the Sheriff is willing to render such additional service and law enforcement
protection on the terms and conditions set forth in this Agreement, and
WHEREAS, such agreements are authorized by Section 29-1-203 CRS and the Weld
County Home Rule Charter, Article II, Sections 2-3.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises contained herein, the parties hereto agree as follows:
A. COUNTY SHERIFF RESPONSIBILITIES:
1. Services to be provided by the Sheriff Subject to the financial and time limits as
hereinafter set forth in Schedule D, and in any other provisions of this Agreement,
the services to be provided by the Sheriff shall be as follows:
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2011-0209
a. Patrol Services. Patrol Services, which may be referred to as "Patrol
Services" in this Agreement, shall consist of the following: Sheriff shall
provide to Town patrol services at such times that are not scheduled
pursuant to Paragraph l.a., above, which may include, but not be limited
to, business checks, responding to activated alarms, and the initial
response to traffic accidents. Sheriff will also respond to calls concerning
all types of crimes or alleged crimes within the Town which are
dispatched to the Sheriff for response. Patrol Services also include time
incurred by Sheriff Deputies for appearances or testimony required by
Town for any Municipal Court proceeding. Town shall be responsible for
payment for any such Patrol Services thus rendered, pursuant to the terms
of this Agreement.
b. Town Marshal Services. Sheriff shall provide to Town, within its
corporate limits, as a part of Patrol Services, the correlative law
enforcement services of"Town Marshal," as authorized by Section 31-4-
306 C.R.S., and as hereinafter limited or expanded by this Agreement.
Such services shall hereafter be referenced as "Town Marshal Services."
Specifically, so long as Town has an established Municipal Court, during
the term of this Agreement, deputies designated by Sheriff to act pursuant
to this Agreement will also act as Town Marshal for Town, and will
enforce the duly enacted Town ordinance sections listed in Schedule A,
attached hereto and incorporated herein by reference. The parties
acknowledge that Sheriffs deputies are authorized to write offenses into
the Town's Municipal Court only so long as this Agreement is in effect.
Town shall provide Sheriff with any and all amendments to the Town
Ordinance sections designated on Schedule A immediately upon their
enactment by Town. However, the Sheriff's deputies shall not enforce the
Town Ordinance section violations designated in Schedule A which carry
penalties more severe than a petty offense as defined at Section 18-1.3-503
CRS. Such more serious offenses shall be enforced by the Sheriff
Deputies through the corresponding Colorado State Statutes in the County
and District Courts of Weld County.
c. Community Resource Officer Services. Sheriff shall make available a
Community Resource Officer to Town to meet with designated Town
representatives to discuss any community issues which may jointly need to
be addressed by Town and Sheriff, and to develop a plan for addressing
such issues. Examples of such community issues may be, but are not
limited to, construction noise too early in the morning or students speeding
into town on a regular basis for lunch. The Community Resource Officer
shall be available for consultation concerning Town issues. If a
Community Resource Officer is not assigned to the beat in which the
Town is located, the Sheriff shall assign a patrol deputy to fulfill the
service.
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d. Exceptions to Service. Sheriff shall not impound, contain, or transport
animals-at-large, enforce animal-at-large ordinances of the Town, or
collect trash dumped or deposited in violation of the Town Ordinances in
the absence of a separate written agreement for such services.
2. Labor and Equipment. Sheriff shall furnish and supply all labor, supervision,
training, equipment, communications facilities for dispatch, and all supplies
necessary for the provision of the additional level of law enforcement services to
Town as set forth in this Agreement. Town shall not be liable for the direct
payment of salaries, wages, or other compensation to Sheriff personnel
performing the services on behalf of the Sheriff. Sheriff shall provide the
necessary workers' compensation coverage and unemployment compensation
coverage for Sheriffs employees who are designated to fulfill the terms of this
Agreement. In addition, Sheriff is responsible to pay the Federal and State
Income Tax withholdings for all Sheriff employees designated to fulfill the terms
of this Agreement. The standards and procedures for performance of the terms of
this Agreement, the discipline of Sheriffs deputies fulfilling the terms of this
Agreement, and other matters incidental to the performance of the terms of this
Agreement, shall at all times remain exclusively vested in the Sheriff and not in
Town, its officers and agents. Generally, performance standards, procedures, and
discipline for those deputies performing the terms of this Agreement shall be
consistent with the performance standards, procedures, and discipline required of
deputies providing service in unincorporated areas of Weld County.
3. Monthly Report. The Sheriff shall provide a monthly report to the Town detailing
the dates, times of law enforcement, and public service activities provided to the
Town pursuant to this Agreement. An example of the format of and information
contained in the monthly report is contained in Schedule B, attached hereto and
incorporated herein by reference.
4. Availability of Sheriff. Upon request of the Town Board, the Sheriff or his
designee shall appear before the Town Board on no more than one (1) occasion
per month for purposes of administering this Agreement. Appearances by the
Sheriff or his designee in excess of this one (1) appearance per month shall be
assessed to the Town as hourly service at the hourly rate set forth in Section 13
below.
5. Sheriff Contact Person. The Sheriff or his designee shall act as the Sheriff
Contact Person for purposes of the administration of this Agreement. Until
further notice is received, the Sheriff Contact Person shall be the individual
named in Schedule C, attached hereto and incorporated herein by reference. Any
change in the Sheriff Contact Person shall be effective upon ten (10) days
advance written notice to the Town Agreement Monitor, referenced in Paragraph
19 below. The Sheriff Contact Person and the Town Agreement Monitor shall
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work toward the common purpose of enhancing the effectiveness of law
enforcement in the Town. It is understood that the Sheriff Contact Person shall
forward all concerns from Sheriff in relation to this Agreement to the Town
Agreement Monitor. The Town Agreement Monitor shall make all reasonable
efforts to respond to such concerns and to take prompt action to address such
concerns.
B. SERVICES TO BE PROVIDED BY THE TOWN:
1. Municipal Court. The Town acknowledges that the Sheriffs enforcement of the
Town ordinances attached to this Agreement in Schedule A is conditioned upon
the Town establishing and maintaining a municipal court pursuant to the
applicable provisions of the Town ordinances, the Town charter (if applicable),
the Constitution and laws of the State of Colorado, and of the Constitution of the
United States.
2. Town Facilities. The Town agrees to provide at no cost to Sheriff liberal access
to Town Hall facilities for administrative use such as interviews and completion
of reports.
3. Town Agreement Monitor. In order to administer this Agreement effectively, the
Town shall designate an Agreement Monitor. Until further notice is received, the
Town Agreement Monitor shall be the individual named in Schedule C. Any
change in the Town Agreement Monitor shall be effective upon ten (10) days
advance written notice to the Sheriff Contact Person. The Town Agreement
Monitor and the Sheriff Contact Person shall work toward the common purpose of
enhancing the effectiveness of law enforcement services in the Town. The Town
Agreement Monitor shall forward all complaints or concerns from the Town in
relation to this Agreement to the Sheriff Contact Person. The Sheriff Contact
Person shall make all reasonable efforts to respond to complaints and/or concerns
and to take prompt action to address the complaints and concerns.
C. MISCELLANEOUS PROVISIONS:
1. Town Hall. The Town acknowledges that this Agreement in no way affects the
Town's general police power to establish and erect a Town jail. The Town also
acknowledges that this Agreement does not constitute the consent of the Board of
County Commissioners of Weld County for the use of the Weld County Jail for
the confinement and punishment of Town ordinance offenders. See Sections 31-
15-401(1)0) and (k), C.R.S., as amended.
2. Ordinance Fines. Any and all fines collected as a result of violations of the Town
Ordinances shall be paid to the Town for uses to be determined by the Town.
3. Agreement Term. This Agreement shall be effective upon final execution by the
appropriate officers of both parties. The term of this Agreement shall be from the
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date of final execution to and until 2359 HRS ON DECEMBER 31,2011, and
shall be renewed automatically on a year-by-year basis thereafter unless sooner
terminated by either party in writing served upon the other party no later than
sixty (60) days prior to the expected date of termination. This Agreement shall be
reviewed for renewal by both parties on or about October 1st of each year. Any
renewal of this Agreement shall be subject to changes in the hourly rate schedule
as provided by the Sheriffs Office and in the maximum contract amount, which
are set forth in Schedule D attached hereto and incorporated herein by reference.
Sheriff agrees to notify Town of any expected changes in said rate schedule at
least ninety (90) days prior to the annual renewal date hereof, and such
notification shall automatically serve as amendment to Schedule D without the
requirement of further formal action. The final version of Schedule D for the
new year shall be provided by the Sheriff to both parties.
4. Termination. This Agreement may be unilaterally terminated by either party at
any time, with or without cause, by sixty (60) days written notice delivered to the
other party in accordance with the provision concerning Notices or as otherwise
provided in this Agreement. The Town shall be obligated to pay any and all
outstanding invoices delivered to it for services performed by the Sheriff
regardless of whether notice of termination has been served.
D. COST AND REIMBURSEMENT:
1. Contract Amount. Except as otherwise provided in this Agreement, all Patrol
Services rendered to the Town by the Sheriff pursuant to the terms of this
Agreement shall be billed to the Town at the per hour rate specified in Schedule
D, which rate shall reimburse Sheriff 100% of all costs incurred as a result of
Sheriff providing Patrol Services pursuant to this Agreement. The Town may set
forth on Schedule D a maximum amount the Town has authorized for the term of
this Agreement for payment for services provided pursuant to this Agreement. If
the maximum amount set forth on Schedule D for payment of services is billed
prior to the expiration of the term of this Agreement, unless an amendment to this
Agreement authorizing an additional amount for the payment of the services
described herein is entered into by both parties, the Sheriff shall no longer be
obligated to provide such services. In that case, the Sheriff would then provide
only such services to the Town which the Sheriff would normally otherwise
provide in the enforcement of Colorado statutes.
2. Municipal Court Appearances. The Town shall reimburse the Sheriff for any
required Municipal Court appearances by Sheriff's deputies. Each Municipal
Court appearance by a Sheriff's deputy shall be billed at the minimum rate of two
hours of deputy service time even if the appearance required less than two hours.
If the appearance requires more than two hours, the Town shall reimburse the
Sheriff for the actual time of the appearance at the hourly rate specified in
Schedule D.
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3. Weld County Court and Weld District Court Appearances. The Town shall be
required to reimburse Sheriff for appearances by Weld Sheriffs deputies in Weld
County Court or Weld District Court in those cases where the alleged violation
occurred within the incorporated limits of the Town.
4. Investigation and Prosecution Expenses. Town shall be required to reimburse
Sheriff only for time and expenses incurred by the initial responding deputy
associated with the investigation and prosecution of violations of Colorado
Statutes. There shall be no charge for any time or expenses incurred by any
additional responding deputies associated with the investigation and prosecution
of violations of Colorado Statutes. The Town shall be required to reimburse the
Sheriff for actual time and related expenses associated with the investigation of
Town ordinance violations and administrative investigations, including, but not
limited to, liquor licensing hearings. Reimbursement by the Town to the Sheriff
shall be at the hourly rate referenced in Schedule D, when time for such
investigations is required .
5. Billing Dates. Within ten(10) days following the last day of the calendar month,
the Sheriff shall provide a written billing statement to the Town supported by the
monthly report described in Paragraph A.3., above.
6. Payment Dates. The Town hereby agrees to pay each statement within forty-five
(45) days following the month for which these services are billed. If payment
from the Town is not received by the forty-fifth (45`h) day referenced above, the
Sheriff may, in his discretion, terminate all service under this Agreement. Written
notice of this immediate termination shall be provided by the Sheriff to the Town
and to the Board of County Commissioners of Weld County, pursuant to
Paragraph C.4., above.
7. Notices. Any notice provided for in this Agreement shall be in writing and shall
be served by personal delivery or by certified mail, return receipt requested,
postage prepaid, to the Town Agreement Monitor or the Sheriff Contact Person at
the addresses set forth in Schedule C, attached hereto and incorporated herein by
reference, until such time as written notice of a change is received from the other
party. Any notice so mailed and any notice served by personal delivery shall be
deemed delivered and effective upon receipt or upon attempted delivery. This
method of notification shall be used in all instances.
8. Responsibility for Legal Proceedings. The Town shall be responsible for
defending itself, its officers, and employees in any civil action brought against the
Town, its officers, and employees by any person claiming injury and damages as
a result of the performance of this Agreement. Likewise, the Sheriff shall be
responsible for defending itself, its officers, and employees in any civil action
brought against the Sheriff, its officers, and employees by any person claiming
injury and damages as a result of the performance of this Agreement. The Town,
its officers and employees shall not be deemed to assume any liability for
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intentional or negligent acts, errors or omissions of the Sheriff, or any officer or
employee thereof, arising out of the performance of this Agreement. Likewise,
the Sheriff, his or her officers and employees shall not be deemed to assume any
liability for intentional or negligent acts, errors, or omissions of the Town, or any
officer or employee thereof, arising out of the performance of the terms of this
Agreement.
9. No Third Party Enforcement. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of
action relative to such enforcement, shall be strictly reserved to the Town and the
Sheriff, and nothing contained in this Agreement shall give or allow any claim or
right of action whatsoever by any other person on this Agreement. It is the
express intention of the Town and the Sheriff that any entity, other than the Town
or the Sheriff receiving services or benefits or who is otherwise affected by the
performance of the terms of this Agreement shall be deemed an incidental
beneficiary only.
10. Modification and Breach. This Agreement and the attached Schedules contain the
entire agreement and understanding between the parties and hereby supersedes
any other agreements concerning the subject matter of this transaction, whether
oral or written. No modification, amendment, innovation, renewal, or other
alteration of or to this Agreement and the attached Schedules shall be deemed
valid or of any force or effect whatsoever, unless mutually agreed upon in writing
by the parties. No breach of any term, provision, or clause of this Agreement and
the attached Schedules shall be deemed waived or excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or
consented. Any consent by any party to, or waiver of, a breach by the other,
whether express or implied, shall not constitute consent, waiver of, or excuse for
any other different or subsequent breach.
11. Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced
without such a provision, to the extent this Agreement is then capable of
execution within the original intent of the parties.
12. Budget Constraints. No portion of this Agreement shall be deemed to create an
obligation on the part of the County of Weld, State of Colorado, or the Sheriff s
Office, to expend funds not otherwise appropriated during the term of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals.
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COUNTY OF WELD AND THE WELD COUNTY
SHERIFF, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS S Lam
OF WELD COUNTY, COLORADO ATTEST: z5 • fF '
arbara Kirkmey r,
/M Chairman Deputy perk to the :�:® ? ��
JAN 1 ? 2011 � uW
APP AS ORM:
Weld County Attorney
TOWN OF NUNN: ATTEST:
By:C o By:
, Mayor Town Clerk
APPROV AS •
By:
Town Attorney
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a.0//- oao
•
SCHEDULE A
The Weld County Sheriff shall enforce only the following listed Sections of the attached
ordinances of the Town:
Model Traffic Code.
Only those ordinances comparable to the Colorado State Statutes.
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SCHEDULE B
The attached document is a sample of the Monthly Report form to be provided by County to
Town pursuant to this Agreement:
Common Contract Billing by date.
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SCHEDULE C
Until further notice is received, the County Contact Person shall be:
Commander Alan Caldwell
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
970-356-4015, ext. 2808
2. Until further notice is received, Towns Agreement Monitor shall be:
Tom Bender, Mayor
Town of Nunn
185 Lincoln Avenue
P.O. Box 171
Nunn, CO 80648
(970) 897-2385
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SCHEDULE D
The hourly rate comprising the contract amount of this fiscal agreement during the initial
term of the Agreement, and until further notice as set forth in the Agreement, shall be
$51.00 per hour per Deputy, for Patrol Services performed.
2. The maximum amount to be billed to the Town by the Sheriff for Patrol Services shall be
$ A400.00 for the fiscal year 2011. If the maximum amount is billed prior to the
expiration of the term of this Agreement, unless an amendment to this Agreement
authorizing an additional amount for the payment of the services described herein is
entered into by both parties, the Sheriff shall no longer be obligated to provide such
services. In that case, the Sheriff would then provide only such services to the Town
which the Sheriff would normally otherwise provide in the enforcement of Colorado
statutes.
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