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RESOLUTION
RE: APPROVE LAW ENFORCEMENT AGREEMENT BETWEEN TOWN OF GILCREST
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 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, between the Town
of Gilcrest and Weld County, Colorado, has been presented to the
Board for its 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 Law Enforcement
Agreement between The Town of Gilcrest 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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Page 2
RE: LAW ENFORCEMENT AGREEMENT - GILCREST
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
November, A.D. , 1985.
�� BOARD OF COUNTY COMMISSIONERS
ATTEST:1/47)1041.
Qti WELD COUNTY, COLORADO
Weld County clerk and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Board Ja eline Johnson, Chairman
14tPro-Tern
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APPROVED AS TO FORM: C.W. R rb
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Oun y Attorne
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LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this i1-ZL day of
, 1985, by and between the County of Weld and the Weld County
S riff, 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 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 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 directly committed patrol service and an
unspecified amount of indirect patrol service at the same basic
level of service whish 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
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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
Cilcrest model traffic code
2. Investigation of traffic accidents
3. Business checks after hours
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 capability
11. Use of mobile crime laboratory with professional crime
scene technicians
12. Vacation checks of private residences upon request
13. Establishment and maintenance of Crime Prevention
Programs (cost of materials not to exceed $750.00 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 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.
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e. Such services shall include the enforcement of Colorado State
Statutes and Laws and the municipal ordinances of the City of
Gilcrest which are 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 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,
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 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.
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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 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.
8. The County, Sheriff, his officers, and employees shall not be
deemed to assume any liability for intentional or negligent acts , or
omissions of said municip lity, or any officer, agent, or employee thereof.
(� �//�� ot,R•Z
r MMuunicipa t es gree o indemn y, efend ndlold 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.
9. This Agreement shall be effective from January 1, 1986 to
December 31, 1986.
10. 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 and for actual time required for on-call requests, and
crime prevention programs and Court up to a maximum of $46,983. In the
event specific off-duty police officers must appear in court to provide
testimony, the Town shall reimburse the Sheriff's Office at a rate of $28.00
per appearance per deputy for up to two hours. After hours, the cost will
be $21.00 per hour. Criminal investigations and administrative
investigations such as a liquor license applicant backgrounds will be
conducted without charge as these costs have been anticipated in the hourly
rate.
11. The Sheriff's Office agrees that a maximum of $750.00 of the
$46,983.00 will be spent by them on crime prevention materials selected by
the Town on the advice and recommendation of the Sheriff's Office. The
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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, therefore,
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 to 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 the 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
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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
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 commission for
maximization of effective communication. The Sheriff or his office shall
make periodic contacts 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, 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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TOWN%� 'OFF ' ftfl/trJ
GIILCREST
MAYOR Pre
ATTEST:
,dWubvtPM
Clerk of the Town Board of Trustees
BOARD OF WELD COUNTY COMMISSIONERS
5rAcitsmitLia
ATTEST:
n ;y WELD COUNTY SHERIFF'S OFFICE
Clerk, ardd of County p CA�1 >Commissioners aiardea
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