HomeMy WebLinkAbout20053620.tiff 12/06/2005 16:34 970-737-2427 TOWN OF GILCREST PAGE 01
LAW ENFORCEMENT SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of December ,2005 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"Count"and the
TOWN OF Gi lrresr , 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 orrlinanri,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
Sherif 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 vrovided 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:
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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: 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 eherkc,
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 pert 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 Agi=moot 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 which
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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 OffictitSgrvices. 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 Sr 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. Exgestions 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 Faint. County shall furnish and supply all labor, supervision,training,
equipment, communications facilities Sr 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 tents of this Agreement shall be consistent
with the performance standards,procedures, and discipline required of deputies providing
service in unincorporated areas of Weld County.
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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. Avails 'lily 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 thither 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 Aty.,,.inElit 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 TStWN
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
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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 Agtamcnnt 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(1xj)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 Tom. 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 Fc b r , 201(8 and shall be renewed
automatically on a year-by-year basis thefeafer 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.lenni . 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.
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COST 6INJD 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 S35.00 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 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,
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 Sheriff's deputies in Weld County Court or
Weld District Court even ifthe alleged violation occurred within the incorporated knits of
the Town.
16.wig tra ion 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.
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17.Mintz 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 dcscented in Paragraph 3 above.
18.Payment bates. 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(45th) 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 Proceedings. 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. Lilrewise, 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.
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21.No Third Party Bnforcetnens. It is expressly understood and agreed that enforcement of
the terms and conditions of this An.eo,'.eut, 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 terns 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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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
iaetABOARD OF COUNTY COMMISSIONERS � " f ��
OF WELD COUNTY,COLORADO %>< AE �: /� 4 :
Weld County Clerk to the Board
d
By: William H. .Ierke. Chair Y Vat( ���
12/14/05 - � `�� C t�o the Board
pF GILC'
/0/
SEAL F
TOWN OF �- �t—
/� /iILC ATTEST: ,y°oa
BY: U(.A__ / "1 �/ .....
r By: art-6 Cks oc
Town Clerk
APPRO FO
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Town Attorney
to
12/06/2005 16:34 970-737-2427 TOWN OF GILCREST PAGE 11
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
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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
12/06/2005 16:34 970-737-2427 TOWN OF GILCREST PAGE 13
SCHEDULE C
1. Until further notice is received,the County Contact Person shall be:
Commander Hank Rusch
1950 O Street
Greeley,CO 80631
970-356-4015,ext. 2838
2. Until further notice is received,Towns Agreement Monitor shall be:
Mayor Mende Warne
304 8th Street
P 0 Box 128
Gilcrest CO 80623
(970) 737-2426
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
$35.00 per hour per Deputy.
2. The cumulative total dollar amount that Town may expect to be billed for direct service and
indirect service during the term of this Agreement shall be as follows: $5, 320. 00 per month
�s par-+L-v_a+1ncMJ 1 .ms <.F
for direct service and $700. 00 per month for indirect service.
The amount for indirect costs has been calculated after considering, to the -1
extent possible, the record of indirect costs incurred during the previous
year.
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SCHEDULE E
1. Any notice to County provided for in this Agreement shall be sent to:
Public Safety Bureau Chief
Kin Fliethman
1950 O Street.
Greeley,CO 80631
970-3564015, ext. 2809
2. Any notice to Town provided for in this Agreement shall be sent to:
Town of Gilcrest
P 0 Box 128
Gilcrest CO 80623
12/12/2005 12: 03 9707370517 ACCESS AND ABILITY PAGE 02/03
•
Sheriff john B. Cooke > .r
Y U'Ui. r. rr:.:.::.: rr ter. rr::..::: w.....n'.:::.r •n .....0:.:::..u.. .....tl::.....Y S r'A?.....n..'..�.... r .r................ .. .....r..Jr. ......r..............r
December 12, 2005 II
To Town of Cilcrest
Atttention Mayor Menda Warne
P.O. Box 128
Headquarters Gilcrest, Colorado 80623
1950"Cr Street
Greeley, CO 80631
Ph. (970)3564015 Reference contract for services
Fax (970) 304-6467 •
The Town of Gilcrest has submitted to the Weld County Sheriff's Office a
schedule of coverage requested for Law Enforcement Services in the Town that is
formatted around the only officer currently employed by the Town. The Town is
Fort Lupton Substation
330 Park Avenue requesting three 10-hour directly committed blocks from 1400 hours to 0000 hours on
Ft.Lupton, CO 80621 Mondays, Fridays and Saturdays. The Town is also requesting two 4 hour blocks of
Ph. (303)857-2465 11 directly committed coverage from 1800 to 2200 hours on Thursdays and Fridays.
Fax(303)857-3027 The total request for direct coverage is 38 hours per week. The Sheriff's Office
11 would then cover the time not covered by direct coverage or the Gilcrest Officer as
indirect time.
Southwest Complex
4209 WCR24 % The sheriff's office currently fills directly committed municipal contract time
Longmont, CO 80504 with off duty deputies on a sign up basis. At the present time the sheriffs office has
Ph. (720)6524215 not been able to completely fill it's municipal contract time with directed services and
Fax(720)652-4217
therefore must utilize the indirect coverage as is necessary.
Jn order for the Sheriff's Office to precede with the schedule proposal and
North Jail Complex provide the coverage to the Town of Gilcrest it is necessary for the Town to agree that
2110"0" Street in the event the Sheriffs Office is not able to fill the directly committed blocks with
Greeley, CO 80631 off duty deputies the Sheriff's office will be allowed to cover those time blocks as
x. (392)356-4015
Ext. 3922 indirect coverage utilizing the available on duty resources and manpower in the
Fax(970)3044461 current priority call response structure.
If this understanding is agreeable with the Town of Gilcrest the contract consideration
will advance.
"...to provide an 1 / �
environment c� c.-�-w a(Z(,l °"'te
designed to
maintain and
•
enhance the
general health,
welfare, and safety
of the people of •
Weld County. "
12/12/2005 12: 03 9707370517 ACCESS AND ABILITY PAGE 03/03
TOWN OF
Gilcrest
COLORADO
Leaning Towards the Future
304 8'h Street *PO Box 128 •Gilcrest, Colorado 80623 •(970) 737-2426 •(970) 737-2427-FAX
TO: Weld County Sheriff's Office
FROM: Menda K. Warne, Mayor
DATE: December 12, 2005
RE: Reference Contract for Services.
The attached letter of understanding from the Weld County Sheriff's office is agreeable
to the Town of Gilcrest. Indirect Patrol in place of Direct Patrol when staffing is
unavailable by the Sheriff's office is agreeable as long as indirect patrol time is
accounted as such when invoicing the Town of Gilcrest. As per our contract agreement,
it is the Town's understanding that reimbursement during indirect service hours is only
payable by the Town when actual direct services are provided.
Please attach this letter as well as your letter of agreement to the Town's previously
approved contract for services.
Sincerely,
Menda K. Warne
Mayor
Town of Gilcrest
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