HomeMy WebLinkAbout850984.tiff RESOLUTION
RE: APPROVE AGREEMENT TO PROVIDE LAW ENFORCEMENT PROTECTION
BETWEEN WELD COUNTY AND TOWN OF MILLIKEN AND AUTHCRIZE
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 Milliken wishes to use the services of
the Weld County Sheriff for law enforcement protection, and
WHEREAS , an Agreement to provide such protection within the
corporate limits of said municipality, the Town of Milliken , has
been presented to the Board of County Commissioners for apprccaL ,
and
WHEREAS , said Law Enforcement Agreement shall be effective
from September 30 , 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 Ccunty
Commissioners of Weld County, Colorado, that the Law Enforcement
Agreement between Weld County and the Town of Milliken 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 30th day of
September, A.D. , 1985 .
�J/EC. BOARD OF COUNTY COMMISSIONERS
ATTEST: n2v r �/ PLiv' WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board ine J son, Chairman
BY: -\ C71'-,vgLz-d L. c J ene R. Bran ner, Pro-Tem —
eputy County Cl k '7
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APPROVED AS TO FORM: C.W. Kir ;
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County Attorney [---‘*77 2 / I L� ✓l�I
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LAW-ENFORCEMENT-AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of September ,
1985 by and between the County of Weld and the Weld County Sheriff,
hereinafter referred to as "County" and the Town of Milliken, hereinafter
referred to as the "Municipality", and,
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, and,
WHEREAS, the County is agreeable to rendering such service:. 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 o[ 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 emergenca or
unexpected law enforcement needs elsewhere in Weld Ccunty.
c. The specific services provided to the municipality b,j the
Sheriff will include the following:
1. Response to any citizen request for police service.
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2. Investigation of traffic accidents.
3. Professional investigation of criminal offenses.
4. Maintenance and proper handling of all evidence related
to criminal activity.
5. Use of mobile crime laboratory with professional crime
scene technicians.
6. Vacation checks of private residences upon request.
7. 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 the performance of such service; 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 call for service response
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 Cffice
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.
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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. That the Sheriff or his delegated representative appear before the
Milliken 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 Milliken
upon advance written request of the Weld County Sheriff's Office.
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 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 198* 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 Agreemert.
7. The County, Sheriff, his officers, and employees shall nit be
deemed to assume any liability for intentional or negligent acts,
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or ommissions of said municipality, or any officer, agent:, or
employee thereof. Municipalities agree to indemnify, defend, and
hold harmless the County, Sheriff, and his officers and employees
for any claims arising out of such acts and to pay all judgments
arising out of such claims by such means as are provider. by
Statute including levy of a special tax to pay the judgment.
8. This Agreement shall be effective from September 30, 19£ 5 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 for
actual time required for on-call requests to a maximum of $2,000.
In the event specific off-dury police officers must appear in
County Court to provide testimony as a result of a case occurring
in the Town, the Town shall reimburse the Sheriff's Office at a
rate of $24.00 per appearance per deputy for up to two hours.
After two hours, the cost will be $17.00 per hour per deputy.
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 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 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
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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 60days 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, not later than 60 days prior to the
expiration date of this Agreement, stating terms and money to be
paid under such renewal. The Board of County Commissioner; and
the Sheriff shall act within 15 days of the receipt of the
municipal notification stating terms and money to be pa- d to
accept or reject the proposed renewal, with the intentions and
efforts of both parties being to reach an agreement a minimum of
30 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 Milliken provides the
Sheriff and the Board of Weld County Commissioners ten (10) days
written notice of such intention.
15. 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 relation to the Agreement
herein to the Sheriff or his Undersheriff in that the Sheriff is
responsible directly to the municipal police commissior for
maximization of effective communication. The Sheriff or his
Office shall make periodic contacts with the municipal lolice
commission to discuss problems or complaints. The Town shall
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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, 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.
TOWN OF MILLIKEN
MAYOR
ATTEST:
CLERK OF THE TOWN BOARD OF TRUSTEES
BOARD OF WELD COUNTY COMMISSIONERS
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CLER , BOARD, OF COUNTY COMMISSIONERS
WELD COUNTY SHERIFF'S OFFICE
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SHERIFF
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