HomeMy WebLinkAbout20083225.tiff , • •
RESOLUTION
RE: APPROVE LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - TOWN OF KEENESBURG
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 Sheriffs Office, and the Town of
Keenesburg,commencing January 1,2009,and ending December 31,2009,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 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 Keenesburg 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 10th day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ELS ' IEB 1-, i .
#'<11 y,,,l
�` Will' m H. Jerke, Chair
Weld County Clerk to th o-
4 / �� Robertrasmr
Deputy Clerk to the B� ��
�NUj� Willi. Garcia (�
APP DAST �/ ��� \
David E. Long
ounty Attorney c6G 1G-1
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DouglaIrRadema her
Date of signature: is/2941
2008-3225
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co>n, TOWN OF MEAD
John Cooke
September 26, 2009
TOWN OF Ate—Kiett/tu ,-
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4413 ST ET
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Town Board members and Administrative Officers:
The Weld County Sheriff's Office has updated its agreement for law enforcement services for
the fiscal year 2009. Therefore, this letter shall serve as notice that the current agreement for law
enforcement services will terminate on December 31, 2008. For your municipality to contract
for such services, you will need to approve and sign the enclosed agreement, and send it to
Commander Alan Caldwell, Weld County Sheriff's Office, 1950 "O" Street, Greeley, CO 80631,
no later than November 3, 2008.
The Weld County Sheriff's Office is asking that you make a determination as to the total dollar
amount of contracted services you will be requesting for the upcoming year. Once this
determination has been made, we request that the information be entered into the contract
(schedule D), signed by all approving parties, and returned to the Weld County Sheriff's Office.
Also,please be sure to fill in the contact information for the town's agreement monitor on
schedule C. Please note that the rate for law enforcement services for fiscal year 2009 will be
$47.00 per hour.
The Weld County Sheriff's Office thanks you for your prompt attention to this matter.
Sincerely,
"A-1 deidd/
Alan C dwell
Commander-Weld County Sheriff's Office
970-356-4015 x 2808
Centennial Complex North Jail Complex Fort Lupton Sub Station Del Camino Sub Station
910 10th Avenue 2110 O Street 330 Park Avenue 4209 WCR 24 1/2
Greeley,CO 80631 Greeley,CO 80631 Fort Lupton,CO 80621 Longmont,CO 80504
Phone(970)356-4015 Phone(970)356-4015 Phone(303)857-2465 Phone(720)652-4215
Fax(970)353-8551 Ext.3922 Fax(303)857-3027 Fax(720)652-4217
Fax(970)304-6461
2008-3225
LAW ENFORCEMENT SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this II day of MQUfhLbebr' , 200,E 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 10th
Street, Greeley, CO 80631, hereinafter referred to as "the Sheriff," and the TOWN OF
KEENESBURG, whose address is P.O. Box 312, 140 S. Main Street, Keenesburg, CO 80643,
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 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 Paragraph 13, Schedule C, and in any other provisions of
this Agreement, the services to be provided by the Sheriff shall be as follows:
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a. Directly Committed Patrol Services. Directly Committed Patrol Services,
which may be referred to as "Direct Services" in this Agreement, shall
consist of the following: The Sheriff shall provide to Town patrol services
directly committed to Town according to a regular schedule mutually
established by Town and the Sheriff. This schedule shall be subject to
modification from time to time by agreement of the parties. However, the
Sheriff retains ultimate authority to reassign, at any time, any Sheriffs
personnel performing this directly committed patrol service to law
enforcement needs elsewhere throughout Weld County. In such case, the
Sheriff, in his discretion, may provide any unfulfilled scheduled patrol
service later in the same scheduled day. Town shall be responsible for
payment for any such Direct Services thus rendered, pursuant to the terms
of this Agreement.
b. Indirect Patrol Services. Indirect Patrol Services, which maybe referred
to as "Indirect 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. Indirect 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 Direct Services thus rendered,pursuant to the terms
of this Agreement.
c. Town Marshal Services. Sheriff shall provide to Town, within its
corporate limits, either as a part of Direct or Indirect 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
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the Sheriff deputies through the corresponding Colorado State Statutes in
the County and District Courts of Weld County.
d. 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.
e. 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 Sheriff's 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 Sheriff's 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.
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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
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 Sheriff's 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.
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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
date of final execution to and until December 31st, 2009, 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. Any renewal of this Agreement shall be
subject to changes in the hourly rate schedule as provided by the Sheriff's Office
which is set forth in Schedule D, which is 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.
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.
D. COST AND REIMBURSEMENT:
1. Contract Amount. Except as otherwise provided in this Agreement, all Direct
Services and Indirect 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. 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 total amount set forth on Schedule D
for services is depleted prior to the expiration of the term of this Agreement, the
Sheriff shall no longer provide the services described in this Agreement, and the
Sheriff shall then provide only such services to the Town which the Sheriff would
otherwise provide in the enforcement of Colorado statutes.
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2. Municipal Court Appearances. The Town shall reimburse the Sheriff for any
required Municipal Court appearances by Sheriff's deputies who are not
otherwise performing scheduled directly committed patrol services. 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.
3. Weld County Court and Weld District Court Appearances. The Town shall not be
required to reimburse Sheriff for appearances by Weld Sheriff's deputies in Weld
County Court or Weld District Court even if 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 in addition to the regularly scheduled directly
committed patrol services.
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°i) 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
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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
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.
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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.
COUNTY OF WELD AND THE WELD COUNTY
SHERIFF, BY AND THROUGH THE t�4 E
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO ATTEST: 1 / r°
By k 11.-L..i By:
William H. Jerke Chairman Deputy CAF'tot Board
DEC 1 0 2008
APPROV D AS TO F •
Weld County Attorney
TOWN OF.11FFRed x2?a'l� ATTEST:
By: By: l I I I.l�a '�I attitA
, Mayor Town Clerk
APPROVED AS TO FORM:
By:
Town Attorney
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,3&&
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
1. Until further notice is received, the County Contact Person shall be:
Deputy Alan Caldwell
Weld County sheriff's Office
1950 O Street
Greeley, CO 80631
970-356-4015, ext. 2808
2. Until further notice is received, Towns Agreement Monitor shall be:
\ Vi& C Q N, -°(-' eery
Tool\ o Keefe jxw
'.U.-?of 311
Y eshuu Co `0(i/3
303-73Z I
11
S
SCHEDULE D
1. 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
$47.00 per hour per Deputy.
2. The maximum cumulative total for services via both direct billing and indirect billing
during the term of this fiscal agreement shall be 130)000.06 for the fiscal year
2008. Z0Oq.
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