The URL can be used to link to this page

Browse Search

Home My WebLink About20043139.tiff AUG-10-2004 TUE 02 40 PM WC SHERIFF OPERATIONS FAX NO. 9703046468 P. 01 LAW ENFORCEMENT SERVICE AGREEMENT THIS AGREEMENT is made and entered into this All day of S-eG 1` ,200 H by and between the COUNTY OF WELD and the WELD COUNTY SHERIFP,by and through the Board of County Commissioners of Weld County,hereinafter referred to as"County"and the TOWN OF /l/r,f K ►1 ,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 D,and in any other provisions of this Agreement,the services to be provided by County shall be as more particularly set forth below: 1 O 2004-3139 7 PC' '. �b Aluanf -so ooa5 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. d. Town shall provide County with any and all amendments to the Town Ordinance sections designated on Schedule A immediately upon their enactment by Town. 2 However, the County officers will 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 will be enforced by the County officers through the corresponding Colorado State Statutes in the County and District Courts of Weld County. e. 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. f. 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. 3. 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 3 unincorporated areas of Weld County. 4. 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. 5. 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. 6. 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 7. 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. 8. 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. 4 9. Town Agreement Monitor. In order to administer this Agreement effectively, Town shall designate an Agreement Monitor. Until further notice is received, the Town Agreement 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 10. 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. 11. 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. 12. Agreement Term. This Agreement shall be effec upon final execution by the appropriate officers of both parties. The term s Agreement shall be from the date of final execution to and until ©cfo(�e2 1 yt , 200.5, 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 Sheriff's 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. 13. 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 14. 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$35.00 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. 15. 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. 16. 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 if the alleged violation occurred within the incorporated limits of the Town. 17. 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 18. 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. 19. 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 Wbelow. AO 20. Notices. Any notice provided for in this Agreement shall be in writing and shall be sewed 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. 21. 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. 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 22. 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. 23. 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. 24. 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 25. 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 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 • .n SHERIFF, BY AND THROUGH THE t, E / 4 BOARD OF COUNTY COMMISSII P 4.4dika441 OF WELD COUNTY, COLORADO, t !! á ATTEST: l •• , t ��iit _` e0 By: u errs By: Robert D. Maslen Cha�+��1 w X04 Deputy Cler to the Board APPROVED AS TO FO • Wel ty ttcdy TOWN OF /AAyi ✓i. By: �'` i]�" `� ATTEST: Mayor By: /� �� U �/J d M Town Clerk APPROVED ASz F Jie,frr By: '-�- Town Attorney 9 J 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 Hank Rusch 1950 O Street Greeley, CO 80631 970-356-4015, ext. 2838 2. Until further notice is received, Towns Agreement Monitor shall be: (flatlet aPtN I�AyN2 970 - 2 ' 8 - claiq ✓ 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 $35.00 per hour per Deputy. 2. The cumulative total dollar amount that Town may expect to be billed for direct servic indirect service during the term of this Agreement shall be as follows: 7 9 a0. 00 3. Provides that the Town i ntracting for direct services of �5(o0. 00 V and indirect services of +' 100.00 s per month. 4. The amount for indirect costs has been calculated after considering, to the extent possible, the record of indirect costs incurred during the previous year. 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: 14 Hello