HomeMy WebLinkAbout20093249.tiffRESOLUTION
RE: APPROVE LAW ENFORCEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN
PIONEER COMMUNITY 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 Pioneer Community Law Enforcement Authority 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 Pioneer Community Law Enforcement
Authority District, commencing January 1, 2010, and ending December 31, 2010, 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 Pioneer Community 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 14th day of December, A.D., 2009.
ATTEST: Attie
Weld County Clerk to th
BY:
Deputy Clerk to the Bo
APPROVED AS TO
(County Attorney
Date of signature: 42407
BOARD OF COUN MMISSIONERS
WELD C,/JJJNTY, $ADO
William F. Gaircia, Chair
Se- P. Conway
=a •a - Kiryer
David E. Long
Cc : F I , boLA1 so
2009-3249
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LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of December, 2009, 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 Weld
County Pioneer Community 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.
2009-3249
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LAW ENFORCEMENT AGREEMENT - WELD COUNTY PIONEER COMMUNITY
PAGE 2
2) Maintenance of complete police records system including crime
reports, arrest warrants, and on-line entry of UCR statistics into the
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.
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LAW ENFORCEMENT AGREEMENT - WELD COUNTY PIONEER COMMUNITY
PAGE 3
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.
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, 2010, to December 31, 2010.
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 - WELD COUNTY PIONEER COMMUNITY
PAGE 4
10. For the purpose of enhancing the effectiveness of law enforcement in the District,
one member of the Weld County Pioneer Community 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 Weld County
Pioneer Community Law Enforcement Authority Board for maximization of
effective communication. The Sheriff or his office shall make periodic contacts
with the Weld County Pioneer Community 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 Weld County Pioneer Community 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.
WELD COUNTY PIONEER COMMUNITY
LAW ENFbEMENT AUTHORITY BOARD
illliam F. Garcia, Chair
ATTEST:
Weld County Clerk to th
BY:
Deputy Clerk to t
BOARD OF COUNTY COMMISSIONERS
WELD COUN , COLORADO
WELD
John •'.ke, Sheri
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