HomeMy WebLinkAbout820596.tiff RESOLUTION
RE : APPROVAL OF AGREEMENT TO PROVIDE LAW ENFORCEMENT PROTECTION
BETWEEN THE TOWN OF PIERCE AND WELD COUNTY, COLORADO
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 Town of Pierce does not desire to provide its
own law enforcement protection and wishes to use the services
of the Weld County Sheriff, and
WHEREAS, an agreement to provide law enforcement protection
within the corporate limits of said municipality, the Town of
Pierce, and Weld County, Colorado has been presented to the
Board of County Commissioners for approval, and
WHEREAS, said law enforcement agreement shall be effective
from March 31 , 1982 to March 31, 1983 , unless renewed, and
WHEREAS, the Board deems it advisable to approve said
law enforcement agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement to provide
law enforcement protection between the Town of Pierce and Weld
County, Colorado be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Chairman of the Board of
County Commissioners 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
March, A. D. , 1982 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
77 22
J N RT C I
ATTEST: r
CH t C PC1 T,FrM
WELD COUNTY CLERK AND RECORDER ARLSON, C;�1 ��
A C ERK TO THE $O D NORMAN AR SON
County LC
Y: C: . K RBY
eputy
ClerkAPP ED AS TO FORM: JU, K. STET MARK
p DATE PRESENTED: MARCH 15 , 1982
County Attorney 320596
A:Dept SO
LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this /0— day of -z'4� j
1982, by and between the County of Weld and the Weld County Sheriff,
• i
hereinafter referred to as "County" and the Town of Pierce, hereinafter
referred to as the "municipality: "
WHEREAS, the municipality is desirous of entering into a contract
with the County for the performance of the hereinafter described law
enforcement protection within the corporate limits of said municipality
with the County 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 29-1-203, Colorado Revised Statutes as amended, 1973,
and so provided for by the Weld County Home Rule Charter, Section 2-3,
NOW, THEREFORE, pursuant to the terms of the aforesaid statute
and Weld County Home Rule Charter, it is agreed as follows:
1 . That the Weld County Sheriff shall provide police protection
within the corporate limits of the municipality to the extent and a
manner so hereinafter set forth:
a. Except as otherwise hereinafter specifically 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 hereinafter provided, the standard
level of service provided shall be the same basic level of service
which is provided for the unincorporated areas of similar popula-
tion 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 Weld County
Sheriff will provide, as part of the Agreement, a basic level of
24 hours per week of directly committed patrol service 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
municipal police commission upon the assessments of changing
community needs, statistical/crime analysis information and
other factors such as day of week, month, school vs. 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 municipal police commission to insure
no set trend is established that would defeat crime prevention
aspects of patrol service.
Page 2
c. In addition to normal Weld County Sheriff ' s Office
services, the following will be provided to the Town of Pierce.
1 . General traffic violation enforcement, pursuant to
the Pierce model traffic code.
2. Investigation of traffic accidents.
3. Business checks after hours.
4. 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.
a. Automated crime analysis and statistical systems
on in-house systems at present capability.
5. Development and maintenance of contingency emergency
plans upon approval of municipal police commission.
6. Vacation checks of private residence's upon request.
7 . 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
incident 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 municipality 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 ' s
Office procedure, consistent with the average representative
performance of deputies providing service in unincorporated areas
of the County.
e. Such services shall include the enforcement of Colorado
State Statutes and Laws and the Municipal Ordinances of the City
of Pierce which are of the same type and nature of Colorado State
Statutes 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. All citations for municipal code violations will
command the violator to appear before the Municipal Court of
Pierce. The Sheriff will not enforce any municipal code violations
which are not of the same type and nature as the Colorado State
Statutes and Laws, including such acts as the impoundment of
animals at large, sign removal, zoning violations, or removal of
junk vehicles on private property.
2 . That the Sheriff shall have full cooperation from the
municipality, 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. However, the municipality
Page 3
will provide, at no cost, access: to Town Hall facilities for
administrative use such as interviews and completion of paperwork
when required, and currently owned law enforcement equipment (such
as radar equipment) for traffic control and other law enforcement
functions throughout the duration of this Agreement. It is understood
that any equipment used will remain in the ownership of the Town of
Pierce and necessary maintenance cost will be borne by the County
throughout the duration of this Agreement.
4 . That the Sheriff provide a monthly written report to the
municipal police commission detailing law enforcement and public
service activities provided under the Agreement. Said report should,
as a minimum, detail number and type of criminal complaints, property
loss, hours of patrol service, response time, hours of investigative
service, number and type of traffic accidents, crime analysis data,
and recommendations as to beneficial alteration of services.
5. The municipality shall not be liable for the direct payment
of any salaries, wages, or other compensation to any personnel
performing services herein for said County.
6. The County agrees, at its own expense, to procure adequate
insurance against and to indemnify, defend, and hold the municipality
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.
7 . The County, Sheriff, his officers, and employees shall not
be deemed to assume any liability for intentional or negligent acts
of said municipality, or any officer, agent, or employee thereof.
8 . This Agreement shall be effective from March 31 , 1982
to March 31, 1983.
9 . The municipality agrees to pay the County for the services
to be rendered under this Agreement ;tt the rate of $14. 38 per hour
for directly committed patrol and for actual time required for on-call
requests, up to a maximum of $lS , t4ttt. The municipality will not be
required to pay to the County Scat time used by back-up officers or
any other additional personnel tc=,auttrd to provide complete law
Page 4
enforcement services, or for indirect patrol service.
10. Within seven (7) working days following the last day of a
calendar month, the Sheriff will provide a •bill to the municipal •
police commission supported by invoices of both directly committed
patrol and on-call request services.
11 . The municipality hereby agrees to pay, in arrears, on or
before the 30th day of the month following the month for which services
are billed. If said payment is not received by said date, the Sheriff
may, at his discretion, terminate all service under this Agreement.
If said payment is not received by said date, the Sheriff, at his
discretion, shall provide 90 day notice of termination of all services
under this Agreement to the municipality and the Board of Weld County
Commissioners.
12 . If the annual salaries and/or fringe benefits of the deputy
sheriffs are increased at any time during the term herein stated,
this contract shall not be increased. However, the County may, upon
renewal of this Agreement, increase the hourly rate received under
this Agreement to reflect increases in salaries and/or fringe benefits .
Said increases shall be presented in writing to the municipality not
less than 120 days prior to the renewal of this Agreement.
13. This Agreement may be renewed for successive 12-month periods
upon the written concurrence by both parties of the terms and condi-
tions of the renewed Agreement, including any revision of rates and
charges . To renew this Agreement, the municipality shall notify the
Chairman of the Board of County Commissioners 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 Board of County Commissioners and the Sheriff shall act within
15 days of receipt of the municipal 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 to the expiration of this Agreement.
Otherwise, this Agreement will automatically terminate by its own
terms.
Page 5
14 . The municipality shall have the right to terminate this
Agreement at any time providing that the Town of Pierce provides
the Sheriff and Board of Weld County Commissioners 90 days written
notice of such intention.
15. Any and all fines collected resulting from Pierce ordinance
violations shall be paid to the Town of Pierce in accordance with
currently held practices.
16. For the purpose of enhancing the effectiveness of law
enforcement in the municipality, one member of the municipal police
commission shall be designated by the Town Board to act as liaison
between the municipality and the Weld County Sheriff ' s Office. It
shall be the purpose of the liaison designee to forward all complaints
or problems from the municipality in relation to the Agreement herein
to the Sheriff or his Undersheriff in that the Sheriff is responsible
directly to the municipal police commission for maximization of
effective communication. The Sheriff, or his office, shall make
periodic contacts with the municipal police commission designee and
attend monthly meetings with the municipal police commission to discuss
problems or complaints, provide crime analysis information, and assist
the municipal police commission in maximizing service at minimum cost.
The Sheriff, or his representative, will make all reasonable efforts
to respond to existing complaints and/or problems and promptly take
steps to improve the situation.
IN WITNESS WHEREOF, the municipality, by resolution duly adopted
by its governing body, caused this Agreement to be signed by its
mayor and attested by its clerk, and the County of Weld, by the County
Board of Commissioners has caused these presents to be subscribed by
the Weld County Sheriff and the Chairperson 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.
Page 6
ICMN O PIERCE
yor
Attest:
4t) J6-4-4-tk-0
C1 r]C of the Town Board of Trustees
BOARD OF WELD COUNTY CDM4ISSIONERS
irrran
Attest:
a Ya y
)6 Irv�WV�3A tS �'La�/✓i.
Clerk, Bdard of County Commissioners
aty County Cl
WELD LOUNPY SHERIFk 'S OFFICE
Sheriff
Hello