HomeMy WebLinkAbout830806.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT TO PROVIDE LAW ENFORCEMENT PROTECTION
BETWEEN THE TOWN OF KEENESBURG AND WELD COUNTY, COLORADO
AND AUTHORIZATION FOR 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 Keensesburg 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
Keenesburg, 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 , 1984 through December 31 , 1984 , 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 Keenesburg
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.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 28th day of
December, A.D. , 1983 .
�] y+ . BOARD OF�COUNTY COMMISSIONERS
ATTEST: 4au14 WI6'�f��<-r-�-sTY, D
/�l`4
Weld County C -₹ttttle*leo-rdietir-11
and Clerk to th Hoard^\ C�iuck Carlso , Chairman
/
By: % CQ^^ .,:Q. ,C, �y�;I(�C/'\C� O�tv L, T /))/4222a
'eputy County Cle fk n OIL,
Pro-Tem LAPPRD S TO FORM: EXCUSED
C\ Gene R. Brantner 57 County Attorney Norma) n Carlson
Eol ' 830806
J que ne Jo son
4 . lit-.71 / b DAY FILE: January 4 , 1984 1 w- i i
LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this /a 2,/, day of ,O1cE.mitt/ ,
1983, by and between the County of Weld and the Weld County Sheriff,
hereinafter referred to as "County", and the Town of Keenesburg, 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 at a level of
service which exceeds the basic level currently provided 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
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 level of service which is specified by
the Municipality 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, directly committed patrol service beyond the
present level of indirect patrol service. Actual hours of directly
committed patrol service will be established by the Mayor upon the
assessments of changing community needs, statistical information and
other factors such as day of week, month, school vs. non-school day,
noliday, and community activities or events. Total hours and exact
times of directly committed patrol service may be modified as
required by the Mayor to insure no set trend is established that
would defeat crime prevention aspects of patrol service. Direct
patrol time shall be requested in writing by the Mayor in no less
than four (4) hour blocks with a minimum of five (5) working days in
advance of the requested service.
c. The specific services provided to the municipality beyond the
basic level of service provided by the County Sheriff will be as
follows:
1. General traffic violation enforcement, when applicable
within Chapter 42 of the Colorado Revised Statutes
2. Investigation of traffic accidents
3. Business checks after hours
4. Crime prevention materials and programs for residential
and business applications upon request and within current
capability on a per hour basis or during direct patrol
hours
5. Vacation checks of private residences upon request
6. 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 Department
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 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. The Sheriff will not enforce any municipal code
violations.
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.
4. 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.
5. The County agrees, at its own expense, to procure adequate insurance
against and to indemnity, 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.
6. 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.
7. This Agreement shall be effective from January 1, 1984, to December
31, 1984.
8. The Municipality agrees to pay the County for the services to be
rendered under this Agreement at the rate of $16.00 per hour for directly
committed patrol. The Municipality will not be required to pay 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.
9. Within seven (7) working days following the last day of a calendar
month, the Sheriff will provide a bill to the Mayor supported by invoices of
directly committed patrol.
10. 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 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.
11. 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.
12. 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 within a minimum of 60
days prior to the expiration of this Agreement. Otherwise, this Agreement
will automatically terminate by its own terms.
13. The Municipality shall have the right to terminate this Agreement at
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any time providing that the Town of Hudsoa provides the Sheriff and Board of
Weld County Commissioners 90 days written notice of such intention.
14. For the purpose of enhancing the effectiveness of law enforcement in
the Municipality, the Mayor shall 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 designee in that the
Sheriff is responsible directly to the Mayor for maximization of effective
communication. 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 solution 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.
keCNe'S bu,-c'
TOWN OF HUDSON
Mayor
Attest:
Clerk of the Town Board of Trustees
BOARD OF WELD COUNTY COMMISSIONERS
rman
Attest:`TheiAClerk, oard of County Commissioners
Y I 0 i eJ
Deput County C Clerk
WELD COUNTY SHERIFF'S OFFICE
eriff
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