HomeMy WebLinkAbout900205.tiff RESOLUTION
RE : APPROVE LAW ENFORCEMENT AGREEMENT BETWEEN THE TOWN OF
JOHNSTOWN 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 Johnstown 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 said law enforcement
protection within the corporate limits of said municipality,
between the Town of Johnstown and Weld County, Colorado, has been
presented to the Board, and
WHEREAS, the term of said Law Enforcement Agreement shall be
from January 1 , 1990 , through December 31 , 1990 , with the further
terms and conditions being as stated in the Agreement, a copy of
which is attached hereto and incorporated herein by reference, and
WHEREAS, after study and 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 Johnstown 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.
t, < 9002O5
Page 2
RE: LAW ENFORCEMENT AGREEMENT - TOWN OF JOHNSTOWN
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
February, A.D. , 1990 , nunc pro tune January 1 , 1990 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: ‘71)2"-A
‘71v` WEL UNTY, CO RADO
Weld County �erk and Recorder s - c'
and Clerk to the Board Gene R. Brantneer, Chaiirmaan.
148
C$Y:_ ntc.�1.4-e R/ (--,&(/�, itJ Gey// y ge Kennedy, - -
, Pro-'Pem
eputy County C /k
APPROVED AS T FORM: Constance L..HHarbert
7147-'1-1*.
C.W. Kir y ,/
County Attorney
Gord n . --
900205
LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this P :/F- day o q?,unbi
1990, by and between the County of Weld and the Weld Count Sheriff,
hereinafter referred to as "County", and the Town of Johnstown, 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 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 Statues 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 Town 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
specified by the Municipality 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, directly committed patrol beyond the present
level of indirect patrol service. Actual hours of directly committed
patrol service will be established, by the Town Administrator upon the
assessments of changing community needs, statistical 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 Town Administrator to insure no set trend is established that
would defeat crime prevention aspects of patrol service. Direct patrol
time shall be requested in writing by the Town Administrator in no less
than four (4) hours blocks with a minimum of five (5) working days in
advance of the requested service.
c. On call services will be billed on a pro-rated basis, call by
call.
d. The specific services provided to the Municipality beyond the
basic level of service provided by the County Sheriff will be as
follows:
1. General traffic violation enforcement, when applicable within
Chapter 42 of the Colorado Revised Statutes.
2. Investigation of traffic accidents.
3. Business checks after hours.
4. Crime prevention materials and programs for residential and
business applications upon request and within current capability
on a per hour basis or during direct patrol hours.
900205
5. Vacation checks of private residences upon request.
6. Any other services upon request that are within current
capabilities and cost limitations.
e. 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 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
unincorparated areas of the County.
f. 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. The Sheriff will not enforce any municipal code violations.
2. That the Sheriff shell 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, and all supplies
necessary to maintain the level of police service to be rendered herein,
excluding use of the County Jail for municipal prisoners. A separate
agreement is necessary for municipal prisoners. However, the Municipality
will provide at no cost, access to Town Hall facilities for administrative
use, such as interviews and completion of reports when required.
4. 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.
5. 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, with 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 for 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.
6. The County, Sheriff, his officers, and employees shall not he
deemed to assume any liability for intentional or negligent acts, or
omissions of said Municipality, or any officer, agent, or employee thereof.
extent of its legal authority to do so. The Municipality agrees 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.
9002cs
7. This Agreement shall be effective from January 1, 1990 to December
31, 1990.
8. The Municipality agrees to pay the County for the services to be
rendered under this Agreement at the rate of $24.00 per hour for directly
committed patrol and for actual time required for on-call requests. In the
event specific off-duty police officers must appear in court to provide
testimony, the Municipality shall reimburse the Sheriff's Office at a rate
of $48.00 per appearance per deputy for up to two hours. After two hours,
the cost will be $24.00 per hour. The Municipality will not be required to
pay 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.
9. Within seven (7) working days following the last day of the
calendar month, the Sheriff will provide a bill to the Town Administrator
supported by invoices of directly committed patrol services.
10. The Municipality hereby agrees to pay for services 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
notice of termination of all services under this Agreement to the
Municipality and to the Board of Weld County Commissioners.
11. 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.
12. 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 the 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
of minimum of 60 days prior to the expiration of this Agreement. Otherwise,
this Agreement will automatically terminate by its own terms.
13. The Municipality shall have the right to terminate this Agreement
at any time providing that the Municipality provides the Sheriff and Board
of Weld County Commissioners 90 days written notice of such intention.
14. For the purpose of enhancing the effectiveness of law enforcement
in the Municipality, the Town Administrator shall act as liaison between the
Town and the Weld County Sheriff's Office. It shall be the purpose of the
Town liaison 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 responsible directly to the Town Administrator for maximization
of effective communication. 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.
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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.
ATTEST: TOWN OF JOHNSTOWN
Clerk of the own Boar f Trustees 14 OR Jim Noah
Phyllis J. Switzer
ATTEST: BOARD OF WELD COUNTY COMMISSIONERS
cClerk, ard of County Commissioners airman
BYA�tri}c'YY� e / (�� t .'v WELD COUNTY HERIFF'S OFFICE
Deputy County Clerk
WELD NTY SHERIFF
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900205
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