HomeMy WebLinkAbout861030.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT AGREEMENT BETWEEN BEEBE DRAW LAW
ENFORCEMENT AUTHORITY 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 Beebe Draw Law Enforcement Authority 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 boundaries of said law enforcement authority district,
between the Beebe Draw Law Enforcement Authority 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 , 1987 , through December 31 , 1987 , 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 Beebe Draw Law Enforcement Authority 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: LAW ENFORCEMENT AGREEMENT - BEEBE DRAW
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 29th day of
October, A.D. , 1986 .
• BOARD OF COUNTY COMMISSIONERS
ATTEST: ittat,t , (♦., A. i ...If WELD COUNTY, COLOR DO
f
Weld County Clark and Recorder
and Clerk jto the Board Ja.quel .� o ,,on , airman
BY: /'i'/.l!/is WO G. , ':•7i�' y, �' o i em
Deputy/ountrktt
I�
APPROVED AS TO FORM: GeneeR. Brantner
an
1--i--- U �'l! C.W. KY ���
ounty Attorney
F� k Y 41I
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LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 29th day of
October , 1986 , by and between the County of Weld and the
Weld County Sheriff, hereinafter referred to as "County" , and
the Beebe Draw Law Enforcement Authority, hereinafter referred
to as the "District" :
WHEREAS, the District is desirous of entering into a
contract with the County for the performance of the hereinafter
described law enforcement protection within the boundaries of
said District 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 30-11-406 , 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 boundaries of the District 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
Statutues .
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
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Weld County. The Weld County Sheriff will provide, as part
of the Agreement, directly committed patrol as deemed
necessary by the Sheriff 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 Sheriff upon the assessments of changing 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 Sheriff to ensure no set
trend is established that would defeat crime prevention
aspects of patrol service.
c. The specific services provided to the District by the
Sheriff will include the following:
1. Professional investigation of criminal offenses.
2 . 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.
3. Automated crime analysis and statistical systems
on in-house systems at present capability.
4 . Both in-house forensic laboratory support and
proper use of the Colorado Bureau of
Investigation Lab when required.
5. Maintenance and proper handling of all evidence
related to criminal activity.
6. Development and maintenance of contingency
emergency plans upon approval of municipal police
commission.
7. Crime prevention materials and programs for
residential and business applications upon
request and within current capability.
8 . Use of mobile crime laboratory with professional
crime scene technicians.
9 . Vacation checks of private residences upon
request.
10. Establishment and maintenance of Crime Prevention
Programs.
11 . Any other services, upon request, that are within
current capabilities and cost limitations.
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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 District or any officer of 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 service 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.
2 . That the Sheriff shall have full cooperation from the
District, 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.
4 . The District 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 indemnify, defend and hold the
District 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.
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6 . This Agreement shall be effective from January 1 , 1987
to December 31 , 1987.
7. The District agrees to pay the County for the services
to be rendered under this Agreement a total amount equal to the
property taxes and specific ownership tax generated by 7. 0 mills
applied to the current year' s assessed value of the District.
8. 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
District 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 district 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.
9 . The District shall have the right to terminate this
Agreement at any time providing that the District provides the
Sheriff and Board of Weld County Commissioners 90 days written
notice of such intention .
10. For the purpose of enhancing the effectiveness of law
enforcement in the District, one member of the district board
shall be designated by the Board to act as liaison between the
District and the Weld County Sheriff' s Office . It shall be the
purpose of the liaison designee to forward all complaints or
problems from the District in relation to the Agreement herein
to the Sheriff or his Undersheriff in that the Sheriff is
responsible directly to the district board for maximization of
effective communication. The Sheriff or his office shall make
periodic contacts with the district board to discuss problems or
complaints, provide crime analysis information, and assist the
district in maximizing service at minimum cost.
IN WITNESS WHEREOF, the District, by resolution duly
adopted by its governing body, caused this Agreement to be
signed by its Chairman 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
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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.
BEEBE DRAW LAW ENFORCEMENT AUTHORITY
Ch.irm VS:41\11\O9e--
BOARD OF WELD COUNTY COMMISSIONERS
ATTEST:
Clerk, Beard of C airma
County Commissioners
WELD COUNTY SHERIFF'S OFFICE
By: ;.2224,44 We '1
/
Deputy County erk
Sheriff
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