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RESOLUTION
RE: APPROVE 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, between the Town
of Pierce and Weld County, Colorado, has been presented to the
Board for approval, and
WHEREAS, said Law Enforcement Agreement shall be effective
from January 1 , 1986 , through December, 31 , 1986 , and
WHEREAS, the further terms and conditions are as stated in
the Agreement, a copy being attached hereto and incorporated
herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Law Enforcement Agreement.
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.
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RE: PIERCE LAW ENFORCMENT AGREEMENT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
October, A.D. , 1985.
BOARD OF COUNTY COMMISSIONERS
ATTEST: (?g,uw ,;, WELD COUNTY, COLORADO
Weld County felerk and Recorder
and Clerk to the Boa d J= �,�,Ji�ne J son, Chairman
Gene R. Br der, Pro-Tem
eputy County Cl k
APPROVED AS TO FORM: C.W. �e,,.:2
unty e4 L
County Attorney
F an Yama7'
LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 021 day of di
1985 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 329-1-203, 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 community activities or events. The total hours per week and
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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 $21.00
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
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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 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.
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
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indemnification for tort claim damages or similar claims for
damages (e.g., Section 193 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 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 provided by Statute including levy of a special tax to pay the judgment.
8. This agreement shall be effective from January 1, 1986 to
December 31, 1986.
9. The municipality agrees to pay the County for the services to be
rendered under this Agreement at the rate of $21.00 per hour for directly
committed patrol; for actual time required for on-call requests at a rate of
$21.00 per hour; Municipal, County, and District Court appearances for off
duty deputies for prosecution of crimes occurring within the municipality
with a minimum charge of $28.00 per appearance per deputy for up to two
hours; $21.00 per hour per deputy after the two hour minimum appearance;
$21.00 per hour per deputy 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 $21.147.00 during 1986. 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. Fees for the investigation of crimes,
liquor license applicants, or other similar administrative investigations
have been anticipated and are included in the hourly rate. Therefore, such
investigations will not be billed.
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.
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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 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
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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 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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LAW ENFORCEMENT AGREEMENT
TOWN OF PIERCE
TOWN OF PIERCE
YOR
_ ATTEST:
al9
KlA uJ
Clerk of the Town Board of Trustees
BOARD OF WELD COUNTY COMMISSIONERS
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ATTEST:
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Vn _ ; WELD COUNTY SHERIFF'S OFFICE l
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Clerk,,�Booarrd. of County Commissioners r//
SHERIFF
BY: 022„� ;(7-
Deputy County Cler
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