HomeMy WebLinkAbout20073725.tiff LAW ENFORCEMENT SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this j5li day of 06ob- , 2001 by and
between the COUNTY OF WELD and the WELD COUNTY SHERIFF, by and through the
Board of County Commissioners of Weld County, hereinafter referred to as "County" and the
TOWN OF KEENESBURG, hereinafter referred to as the "Town".
WHEREAS, 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 (section 31-15-401 CRS, as amended);
WHEREAS, Colorado statute provides for a Town Marshal, who shall have the same power that
sheriffs have by law, coextensive with the county in cases of violation of town ordinances, for
offenses committed within the limits of the town(section 31-4-306 CRS, as amended);
WHEREAS, Town, in exercising its general police power as above referenced, is desirous of
entering into an agreement with County for the performance of law enforcement services over
and above the regular law enforcement service which may be otherwise provided by the County
Sheriff, and for services of a Town Marshal;
WHEREAS, County 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:
COUNTY SHERIFF RESPONSIBILITIES:
1. Services to be provided by County. 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 County shall be as more particularly set forth below:
SD eaRe
A�
C UY suL� 7`t� nth_ ()(i SO 2007-3725
Isla-/ DD.7 ice-/�f/o7
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: County will provide to Town patrol services directly committed to
Town according to a regular schedule mutually established by Town and County.
This schedule shall be subject to modification from time to time by agreement of
the parties. However, the Weld County Sheriff retains ultimate authority to
reassign, at any time, any Sheriff's personnel performing this directly committed
patrol service to law enforcement needs elsewhere throughout the 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,
pursuant to this Agreement.
b. Indirect Patrol Services. Indirect Patrol Services, which may be referred to as
"Indirect Services" in this agreement, shall consist of the following: County will
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.
County will also respond to calls concerning all types of crimes or alleged crimes
within the Town which are dispatched to the County Sheriff for response. Indirect
services also include time incurred by County officers for appearances or
testimony required by Town for any Municipal Court proceeding.
c. Town Marshal Services. County, by and through the Weld County Sheriff, shall
provide to Town, within its corporate limits, either as a part of direct or indirect
services, the additional law enforcement services of a Town Marshal as authorized
by Section 31-4-306 CRS, 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, officers designated by County 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 County's officers
are authorized to write offenses into the Town's Municipal Court only so long as
this Agreement is in effect. Town shall provide County with any and all
amendments to the Town Ordinance sections designated on Schedule A
immediately upon their enactment by Town. However, the County officers will
not enforce the Town Ordinance section violations designated in Schedule A
2
which carry penalties more severe than a petty offense as defined at Section 18-
1.3-503 CRS. Such more serious offenses will be enforced by the County officers
through the corresponding Colorado State Statutes in the County and District
Courts of Weld County.
d. Community Resource Officer Services. County will 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 County, 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 will 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 will assign a patrol deputy to fulfill the service.
e. Exceptions to Service. County will not impound, contain, or transport animals-at-
large 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. County 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 set forth in this
Agreement. Town shall not be liable for the direct payment of salaries, wages, or other
compensation to County personnel performing the services set forth in this Agreement on
behalf of the County. County shall provide the necessary workers' compensation
coverage and unemployment compensation coverage for County's employees who are
designated to fulfill the terms of this Agreement. In addition, County is responsible to
pay the Federal and State Income Tax withholdings for all County 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 Weld County 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
3. Monthly Report. The Sheriff shall provide a monthly report to Town detailing the dates,
times of law enforcement, and public service activities provided to 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 will be assessed to Town as hourly service at the
hourly rate set forth in Section 13 below.
5. County Contact Person. The Sheriff or his designee shall act as the County Contact
Person for purposes of the administration of this Agreement. Until further notice is
received, the County Contact Person shall be the individual named in Schedule C,
attached hereto and incorporated herein by reference. Any change in the County Contact
Person shall be effective upon ten (10) days advance written notice to the Town
Agreement Monitor, referenced in Paragraph 19 below. The designated County 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
County Contact Person will forward all concerns from County in relation to this
Agreement to the designated Town Agreement Monitor. The designated Town
Agreement Monitor will make all reasonable efforts to respond to such concerns and to
take prompt action to address such concerns.
SERVICES TO BE PROVIDED BY TOWN
6. Municipal Court. Town acknowledges that County's enforcement of the Town
Ordinances attached to this Agreement in Schedule A is conditioned upon Town
establishing and maintaining a Municipal Court pursuant to the applicable provisions of
the Town Ordinances, the Town Charter, the Constitution and laws of the State of
Colorado, and of the Constitution of the United States.
7. Town Facilities. Town agrees to provide at no cost to County liberal access to Town Hall
facilities for administrative use such as interviews and completion of reports.
8. Town Agreement Monitor. In order to administer this Agreement effectively, Town shall
designate an Agreement Monitor. Until further notice is received, the Town Agreement
4
Monitor shall be the individual named in Schedule C, attached hereto and incorporated
herein by reference. Any change in the Town Agreement Monitor shall be effective upon
ten(10) days advance written notice to the County Contact Person. The Town
Agreement Monitor and the County 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 Town in relation
to this Agreement to the County Contact Person. The County Contact Person will make
all reasonable efforts to respond to complaints and/or concerns and to take prompt action
to address the complaints and concerns.
MISCELLANEOUS PROVISIONS
9. Town Hall. Town acknowledges that this Agreement in no way affects Town's general
police power to establish and erect a Town jail. 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)(j) and (k), CRS, as amended.
10. Ordinance Fines. Any and all fines collected as a result of violations of Town Ordinances
shall be paid to Town for uses to be determined by Town.
11. 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, 2008, 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 Weld County Sheriffs Office which is set forth in Schedule
D. County agrees to notify Town of any expected changes in said rate schedule at least
ninety(90) days prior to the annual renewal date hereof.
12. Termination. This Agreement may be unilaterally terminated by either party 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.
5
COST AND REIMBURSEMENT
13. Contract Amount. Except as otherwise provided in this Agreement, all direct services
and indirect services rendered to Town by County pursuant to the terms of this
Agreement shall be billed to Town at the rate of$47.00 per hour for the initial term of
this Agreement. Town may set forth on Schedule D attached hereto and incorporated
herein by reference, a maximum amount 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, County will no longer provide services for which the amounts have
been depleted, at which time, County will provide only such services to Town which
County would otherwise provide in the enforcement of Colorado statutes.
14. Municipal County Appearances. Town will reimburse County for any required Municipal
Court appearances by Sheriffs deputies who are not otherwise performing scheduled
directly committed patrol services. Each Municipal Court appearance by a Sheriffs
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,
Town will reimburse County for the actual time of the appearance at the hourly rate
specified in Paragraph 13 above.
15. Weld County Court and Weld District Court Appearances. Town will not be required to
reimburse County for appearances by Weld Sheriffs deputies in Weld County Court or
Weld District Court even if the alleged violation occurred within the incorporated limits
of the Town.
16. Investigation and Prosecution Expenses. Town will be required to reimburse County only
for time and expenses incurred by the initial responding officer, associated with the
investigation and prosecution of violations of Colorado Statutes. There will be no charge
for any time or expenses incurred by any additional responding officers associated with
the investigation and prosecution of violations of Colorado Statutes. Town will be
required to reimburse County 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 Town to County will be
at the hourly rate referenced above in Paragraph 13, when time for such investigations is
required in addition to the regularly scheduled directly committed patrol services.
6
17. Billing Dates. Within ten(10) days following the last day of the calendar month, the
Weld County Sheriff will provide a written billing statement to Town supported by the
monthly report described in Paragraph 3 above.
18. Payment Dates. Town hereby agrees to pay each statement within forty-five (45) days
following the month for which these services are billed. If payment from Town is not
received by the forty-fifth (45`h) day referenced above, the County Sheriff may, in his
discretion, terminate all service under this Agreement. Written notice of this immediate
termination shall be provided by the Sheriff to Town and to the Board of County
Commissioners of Weld County pursuant to Paragraph 19 below.
19. 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,
at the addresses set forth in Schedule E, 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 will be used in all instances, except for emergency situations when immediate
notification may be provided to the Town Agreement Monitor or the County Contact
Person.
20. Responsibility for Legal Proceeding . Town shall be responsible for defending itself, its
officers, and employees in any civil action brought against Town, its officers, and
employees by any person claiming injury and damages as a result of the performance of
this Agreement. Likewise, County shall be responsible for defending itself, its officers,
and employees in any civil action brought against County, its officers, and employees by
any person claiming injury and damages as a result of the performance of this Agreement.
Town, its officers and employees shall not be deemed to assume any liability for
intentional or negligent acts, errors or omissions of County, or any officer or employee
thereof, arising out of the performance of this Agreement. Likewise, County, its officers
and employees shall not be deemed to assume any liability for intentional or negligent
acts, errors, or omissions of Town, or any officer or employee thereof, arising out of the
performance of the terms of this Agreement.
7
21. 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 Town and County, 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 Town and County that any entity,
other than Town or County 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.
22. 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.
23. 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.
8
24. 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 Weld County
Sheriffs 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 ..#,
BOARD OF COUNTY COMMISSIONERS mi/44
OF WELD COUNTY, COLORADO � � :1861 Se�MV � y:
BY: David E. Long Chair ®iThrl ty Cl to the Boa'
APPROV7AS TO FO • DEC 1 2 2
Weld ounty Attorney
TOWN OF KEENESBURG
ATTES
By.
Ma or By:
Town Clerk
APPROVED AS TO FORM:
By:
Town Attorney
9
SCHEDULE A
The Weld County Sheriff will 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
10
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
11
SCHEDULE C
1. Until further notice is received, the County Contact Person shall be:
Commander Steve Reams
1950 O Street
Greeley, CO 80631
970-356-4015, ext. 2808
2. Until further notice is received, Towns Agreement Monitor shall be:
Debra Chumley
Town Clerk, Keenesburg
P.O. Box 312
Keenesburg, CO 80643
303-732-4281 Telephone
303-732-0599 Fax
12
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 $42 0 00 . 00 for the fiscal year
2008.
13
SCHEDULE E
Any notice to County provided for in this Agreement shall be sent to:
Public Safety Bureau Chief
Kim Fliethman
1950 O Street.
Greeley, CO 80631
970-356-4015, ext. 2809
2. Any notice to Town provided for in this Agreement shall be sent to:
Debra Chumley
Town Clerk, Townaof :Keenesburg
P.O. Box 312
Keenesburg, CO 80643
303-732-4281 Telephone
303-732-0599 Fax
14
RECEIVED
SEP 267007
Weld County BY:
John B. Cooke, Sheriff
To: Keenesburg Town Council
From: Weld County Sheriffs Office
Ref: Contract Renewals
Town Board members & Administrative Officers,
The Weld County Sheriffs Office is not planning any rate increase for contracted law
enforcement services for fiscal year 2008. At this time, 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 would request that
information be entered into the contract (schedule D), signed by all approving parties, and returned to
the Weld County Sheriffs Office. Please return all signed contracts to the Weld County Sheriffs
Office as soon as practical but no later than the Is' of November, 2007. Please be sure to fill in any
pertinent information related to contact information for the town's agreement monitor on schedules C
and E. Again, the Weld County Sheriffs Office thanks you for your prompt attention to this matter.
Please return all completed and signed contracts to:
Debbie Brodhead
Weld County Sheriffs Office
1950 "O" Street
Greeley, Colorado 80631
Sincerely,
Steve Reams
Operations Division Commander
Weld County Sheriffs Office
"...to proride an environment designed to maintain and enhance l/te general
health, welfare, and Sd/Ctv ()idle people of Weld County. "
Main Office,1950"O"Street Greeley Fort Luptn 330 Park Ave ueb Station Southwest Complex North Jail 4209 WCR 24 '/2 2110 Complex
"0" Street
Greeley, CO 80631 Fort Lupton, CO 80621 Longmont,CO 80504 Greeley,CO 80631
Phone(970)356-4015 Phone(303)857-2465 Phone(720) 652-4215 Phone (970)356-4015 x3922
Fax(970)304-6467 Fax(303) 857-3027 Fax(720) 652-4217 Fax(970) 304-6461
Hello