HomeMy WebLinkAbout820588.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT TO PROVIDE LAW ENFORCEMENT PROTECTION
BETWEEN THE TOWN OF GILCREST 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 Gilcrest does not desire to provide
its own law enforcement protection and wishes to use the ser-
vices of the Weld County Sheriff, and
WHEREAS, an agreement to provide law enforcement protection
within the corporate limits of said municipality, the Town of
Gilcrest, 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 January 1, 1983, to December 31, 1983, 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 Com-
missioners of Weld County, Colorado that the agreement to pro-
vide law enforcement protection between the Town of Gilcrest
and Weld County, Colorado be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Chairman of the Board 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 22nd day of
December, A.D. , 1982.
'1i BOARD OF COUNTY COMMISSIONERS
ATTEST: Il i&JI G:ru+ f C,;;..z✓ia-W WELD COUNTY, COLORADO
Weld County Crerkj and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Board John T. Martin Chairman
` (�' ()
Deputy County Clerk C uck Carlson, Pro-Tem
APPROVED AS CTO, FORM: EXCUSED /
Norman Carlson
C_____ Leri-..County Attorney ( . `W. Kifb /
\ a�xe_i-iU�iiJA�2�
tune K. Steinmark
820588
J
DATE PRESENTED: December 29, 1982
THIS AGREEMENT, made and entered into this 2Oth day of December,
1982, by and between the County of Weld and the Weld County Sheriff,
hereinafter referred to as "County", and the Town of Gilcrest, 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 through 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 County, by way of the 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 coning
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 the
Agreement, a basic level of 40 hours per week of 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.
c. The specific services provided to the municipality by the Sheriff
will include the following:
1. General traffic violation enforcement, pursuant to the
Gilcrest model traffic code
2. Investigation of traffic accidents
3. Business checks after hours
-1 -
4. Professional investigation of criminal offenses
5. 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
6. Automated crime analysis and statistical systems on in-house
systems at present capability
7. Both in-house forensic laboratory support and proper use of
the Colorado Bureau of Investigation Lab when required
8. Maintenance and proper handling of all evidence related to
criminal activity
9. Development and maintenace of contingency emergency plans upon
approval of municipal police commission
10. Crime prevention materials and programs for residential and
business applications upon request and within current
capability
11 . Use of mobile crime laboratory with professional crime scene
technicians
12. Vacation checks of private residences upon request
13. Establishment and maintenence of Crime Prevention Programs
(cost of materials not to exceed $700.00 and to be taken
from total contract cost).
14. 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 incidental
to 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 on Weld County. Rotating
deputies shall be, in terms of overall performance as evaluated by the
Sheriff in accordance with County or Sheriff's Department procedure,
consistent with the average representative performance of duties 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 Gilcrest
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 Gilcrest. 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
provate property, with the exception of the open container ordinance and
the noise ordinance which the Sheriff shall enforce.
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 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
2
throughout the duration of this Agreement. It is understood that any
equipment used will remain in the ownership of the Town of Gilcrest 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. That the Sheriff or his delegated representative appear before the
Gilcrest Police Commission as requested. The Commission shall not request an
appearance more than once a month. More frequent requests and appearances
shall be paid for by the Town of Gilcrest upon advance written request of the
Weld County Sheriff's Office.
6. 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.
7. 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.
8. 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.
9. This Agreement shall be effective from January 1, 1983 to December 31 ,
1983.
10. The municipality agrees to pay the county for the services to be
rendered under this Agreement at the rate of $15.40 per hour for directly
committed patrol and for actual time required for on-call requests, and crime
prevention programs up to a maximum of $37,500. In the event specific police
officers must appear in municipal court to provide testimony at a ,tria ,
jer
the Town shall reimburse the Sheriffs Office at a rate of $15.40 per hour with
a minimum charge of $22.20 per appearance.
11 The Sheriff's office agrees that a maximum of $750.00 of the $37,500
will be spent by them on crime prevention materials selected by the Town on
the advice and recommendation of the Sheriff's Office. The manhours needed to
implement crime prevention programs shall be included as part of normal patrol
activities but the scheduling shall coincide so as to provide the crime
prevention program optimal opportunity for success.
12 The Sheriff's Office shall make a concientious effort to provide
effective traffic enforcement. The purpose of efforts in this area shall be
to discourage or prevent unsafe situations from occurring and, therfore, reduce
the possibilities of accidents.
13. 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.
14. 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.
15. 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.
16. 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, 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.
17. The municipality shall have the right to terminate this Agreement at
any time providing that the Town of Gilcrest provides the Sheriff and Board of
Weld County Commissioners 90 days written notice of such intention.
18. Any and all fines collected resulting from Gilcrest ordinance
violations shall be paid to the Town of Gilcrest in accordance with currently
held practices.
19. 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
theWeld 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 designee 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 one monthly meeting 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 Town
shall provide written notification of the date, time and place of such
meetings. 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, be 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.
TOWN OF GILCREST
4
1 z ��. , .�
Mayor
Attest:
,--)
Clerk of the Town Board of Trustees
BOARD OF WELD COUNTY COMMISSIONERS
Chairman
/ i/. f f 4v1 � .74:
r•
Attest: 1 1�-t.•- v�ti
0
7 " *)‘(j„CL; // s' rr, O,wy
/ \
Clerk, Board of County Commissioners
WELD U Y SHERIFF'S DEPARTMENT
Sheriff
Hello