HomeMy WebLinkAbout840974.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT TO PROVIDE LAW ENFORCEMENT PROTECTION
BETWEEN THE TOWN OF PIERCE AND WELD COUNTY, COLORADO, AND
AUTHORIZE CHAIRMAN TO SIGN
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
January 1 , 1985 , through December 31 , 1985 , and
WHEREAS , the Board deems it advisable to approve said Law
Enforcement 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 agreement to
provide law enforcement protection between the Town of Pierce and
Weld County, Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said agreement.
v
840974
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 17th day of
December, A.D. , 1984 .
�- �� � �� BOARD OF COUNTY COMMISSIONERS
ATTEST:
�� ,,„:1-tu A4 C.id WELD COUNTY, COLORADO
Weld County lerk and Recorder )14-4-w. _ 61-+1-2*—
and Clerk to the Board Norman Carlson, Chairman
V J ue 'ne John,
BY: ,_ �yt.c_e/ Pro-Tem
D puty County Cl k
I
APPROVED AS TO FORM: ene Bra
ner
I C3fuck Carlson 2A1--- .
Count Attorney �n-nitiJ i. �)/i
J n T. Martin
LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this /'7// day of Ateasiage 198
17,
by and between the County of Weld and the Weld County Sheriff, 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, 1973, as amended, 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 population 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 this Agreement, a basic level of 14 hours per
week of directly committed patrol service provided in
no less than two (2) hour blocks of time 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 days, holidays, and
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community activities or events. The total hours per
week and the exact times of directly committed patrol
service may be modified as required by the municipal
police commission to insure the cost of services
provided by the Sheriff do not exceed the maximum
funding herein provided and to insure no set trend is
established that would defeat crime prevention
aspects of patrol service.
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.
5. Maintenance of contingency emergency plans.
6. Vacation checks of private residences upon
request.
7. Crime prevention and safety programs upon
request with the cost of related materials not
routinely supplied to those residents of the
unincorporated areas of Weld County to be
reimbursed at actual cost as well as deputy time
at $17.00 per hour if said prevention and safety
activity is not scheduled as directly committed
patrol time.
8. 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 Town of Pierce which are of the
same type and nature of Colorado State statutes and
laws. Whenever a violation of statute or law occurs
which is of the same type and nature contained within
the Municipal Ordinances of the Town of Pierce, the
violator will be commanded to appear before the
Municipal Court of the Town of Pierce. Only those
violations of statute or law not contained within the
Municipal Ordinances of the Town of Pierce will
command the violator to appear before the Weld County
Court. 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,
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including such acts and 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 except as specified in paragraph 1,
section c, number 7. However, the municipality 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.
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6. The County agrees, to procure at its own
expense, 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 1984 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 January 1, 1985 to
December 31, 1985.
9. The municipality agrees to pay the County for the services to be
rendered under this Agreement at the rate of $17.00 per hour and a trip charge
of $1.20 per trip for directly committed patrol; for actual time required for
on-call requests at a rate of $17.00 per hour; court appearances for off duty
deputies with a minimum charge of $24.00 per appearance for up to two hours;
$17.00 per hour after the two hour maximum appearance and $17.00 per hour for
crime prevention services scheduled outside of directly committed patrol
hours; and, the actual cost of crime prevention and safety materials not
routinely supplied to residents of unincorporated Weld County, with charges
for all provided services and materials not to exceed a maximum of $/7/1,24.90
during 1985. The municipality will not be required to pay to the County for
time used by back-up officers or any other additional personnel required to
provide complete law 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
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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 to
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 conditions 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 of the municipality's intent to renew
said Agreement not later than 90 days prior to the expiration date of this
Agreement. The Board of County Commissioners and the Sheriff shall act within
15 days of the receipt of the renewal notification by notifying the
municipality of proposed changes and costs to be assessed with the intent and
effort of both parties being to reach an agreement a minimum of 45 days prior
to the expiration of this Agreement. Otherwise, this Agreement will
automatically terminate by its own terms.
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
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relation to the Agreement herein to the Sheriff or his Undersheriff in that
the Sheriff is responsible directly to the municipal commission for
maximization of effective communication. The Sheriff or his office shall make
monthly contact with the municipal police commission designee by mutually
acceptable means 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. The municipality is entitled to a personal
appearance by the Sheriff or his office with the municipal police commission
or the Board of the Town of Pierce at a rate of one per month during the
contract period at the option of the Town of Pierce.
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 present 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.
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TOWN OF PIERCE
OR '
ATTEST:
22L
Cler of the Town Board of Trustees
BOARD OF WELD COUNTY COMMISSIONERS
CHAIRMAN
ATTEST: �^9
7 /� 4 . WELD COUNTY SHERIFF'S OFFICE /----)Clerk, Board of County Commissioners �2S���Gr4 0e1C7c�nuu-dam
Weld County Clerk and Recorder
SHERIFF
$Y. �7�liryt 1 o..) C�.Ge-04-1
Depu y County Clerk
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