HomeMy WebLinkAbout810544.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 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
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, 1982 to December 31, 1982 , unless renewed, and
WHEREAS, the Board deems it advisable to approve said
law enforcement agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement to provide
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 of
County Commissioners 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
October, A. D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ABSENT
CHUCK CARLSON
ATTEST: ., . ABSENT
NORMAN CARLSON
Weld County Clerk and Recorder ( //. ,7, , i . (Aye)
andC ,erk to the Bo C RBY/
nr i 2.74-7 .e.7 (Aye)
BY(---'
/ ,/,;. „ ":" k / J T. MARTI % (AYe)
{ De/puty Coun Clerk ( -1Lz�G �M 'Y1- /i:
(� % K. STEINMARK
APPROVED AS' TO FORM: c 810544
County Attorney DATE PRESENTED: OCTOBER 28 , 1981
LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of October
1981 , by and between the County of Weld and the Weld County Sheriff, herein-
after 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 protec-
tion 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 pro-
tection 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 the Aoreement, a basic
level of 40 hours per week 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 popula-
tion 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 infor-
mation 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
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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 maintenance 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 capa-
bility
11 . Use of mobile crime laboratory with professional crime scene
technicians
12. Vacation checks of private residences upon request
13. Any other services upon request that are within current
capabilities and cost limitations
d. The rendition of services, in terms of the standard of perfor-
mance, 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 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 vio-
lator 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 viola-
tions 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
private 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, eouipment,
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 paper-
work when required, and currently owned law enforcement equipment (such as radar
equipment) for traffic control and other law enforcement functions throughout
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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 pro-
vided 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 ser-
vices.
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.
6. 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, vaca-
tion 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.
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 , 1982 to December 31 ,
1982.
9. The municipality agrees to pay the county for the services to be
rendered under this Agreement at the rate of $13.13 per hour for directly
committed patrol and for actual time required for on-call requests, up to a
maximum of $35,000. 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 sup-
ported by invoices of both directly committed patrol and on-call request ser-
vices.
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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
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 termi-
nation of all services under this Agreement to the municipality and 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 Agree-
ment, the municipality shall notify the Chairman of the Board of County Commis-
sioners and the Sheriff in writing, not later than 90 days prior to the ex-
piration 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.
14. 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.
15. Any and all fines collected resulting from Gilcrest ordinance viola-
tions shall be paid to the Town of Gilcrest 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 de-
signated by the Town Board to act as liaison between the municipality and the
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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 respon-
sible 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 monthly meetings 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 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 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 Chair-
person 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 writ-
ten.
TOWN
OF GILCREST
yor
Attest:
Clerk of the Town Board of Trustees
BOARD OF WELD COUNTY COMMISSIONERS
f= i/ i z e
Temporary Chair$an
Attest:
0.J t ;,v�.we 4 .tA.C�L+Jr
Cl c, and f County/Com ssioners
BY: &elWELD COUN Y SHERIFF' S DEPARTMENT
/ Deputy County �(
Sheriff 27)
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