HomeMy WebLinkAbout931295.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT SERVICE AGREEMENT BETWEEN SHERIFF AND TOWN OF
GILCREST 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 Board has been presented with a Law Enforcement Service
Agreement between the Weld County Sheriff and the Town of Gilcrest, commencing
December 20, 1993, and ending December 31, 1994, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Law Enforcement Service Agreement between the Weld
County Sheriff and the Town of Gilcrest 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 20th day of December, A.D. , 1993.
113,44/
� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board p 6' 1/Neste"at
9411-72C6r-C.--rt-e•
tHarbert, Chairman
BY: Vi /� %0 yXG�
tX .' �y/
Deputy lerk to the Board W. Webster, Pr -Tem
APPROV AS TO FORM: � �x-"It
rggE. Baxt r
ounty Attorney Dale K. Hall
,/4� m
Barbara J. Kirk yer /
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LAW ENFORCEMENT SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 22 day of November, 1993, by and
between the COUNTY OF WELD and the WELD COUNTY SHERIFF, by and through the Board
of County Commissioners of Weld County, hereinafter referred to as "County" and
the TOWN OF GILCREST, hereinafter referred to as the "Town."
WHEREAS, the Town is desirous of entering into an Agreement with the County
for the performance of law enforcement services over and above the regular law
enforcement service level provided by the County Sheriff; and
WHEREAS, the County is willing to render such additional services and law
enforcement protection on the terms and conditions set forth in this Agreement;
and
WHEREAS, such agreement are authorized by Section 29-1-203, C.R.S. , and the
Weld County Home Rule Charter, Article II, Section 2 - 3; and
NOW, THEREFORE, for and in consideration of the mutual covenants,
conditions, and promises contained herein, the parties hereto agree as follows:
1. SERVICES TO BE PROVIDED BY COUNTY
The County, by and through the Weld County Sheriff, shall provide to Town,
within its corporate limits, the additional law enforcement services of a
Town Marshall as authorized by Section 31-4-306, C.R.S. , and as
hereinafter limited or expanded by this Agreement. Such services shall
hereafter be referenced as "Town Marshal Services."
A. Directly Committed Patrol Services
The County will provide to Town patrol services directly committed
to the Town according to a regular schedule mutually established by
Town and County. This schedule shall be subject to modification
from time to time by agreement of the parties. However, the Weld
County Sheriff retains ultimate authority to reassign, at any time,
any Sheriff's personnel performing this directly committed patrol
service to law enforcement needs elsewhere throughout the County.
In such case, the Sheriff, in his discretion, may provide any
unfulfilled scheduled patrol service later in the same scheduled
day. The Town shall be responsible for payment, pursuant to this
Agreement, only for actual patrol services provided within the
Town's corporate limits.
B. Other Services
As part of, or in addition to, the directly committed patrol
services described above, County's Town Marshal Services to Town
will include the following services to be performed within the
Town's corporate limits:
1. Investigation and enforcement of Town Ordinance violations as
set forth in this Agreement.
2. Investigation and enforcement of Colorado Statute violations.
3. Investigation of traffic accidents.
4. Crime analysis and management information.
5. Deployment to address specific community needs.
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6. Officer to the Municipal Court.
So long as the Town has an established Municipal Court, the County
will enforce the duly enacted Town Ordinance sections listed in
Schedule A, attached hereto and incorporated herein by reference.
The Town shall provide County with any and all amendments to these
designated Ordinance sections immediately upon their enactment by
Town. However, the Sheriff will not enforce these Town Ordinance
section violations designated in Schedule A which carry penalties
more severe than a petty offense as defined at Section 18-1-107,
C.R.S. Such more serious offenses will be enforced by the Sheriff
through the corresponding Colorado State Statutes in the County and
District Courts of Weld County.
C. Exceptions to Service
The County will not impound, contain or transport animals-at-large
or collect trash dumped or deposited in violation of the Town
Ordinances in the absence of a separate written agreement for such
services.
D. Labor and Equipment
The County shall furnish and supply all labor, supervision,
training, equipment, communications facilities for dispatch, and all
supplies necessary for the provision of the additional level of law
enforcement services to Town set forth in this Agreement. The Town
shall not be liable for the direct payment of salaries, wages or
other compensation to County personnel performing the services set
forth in this Agreement on behalf of the County. County shall
provide the necessary worker's compensation coverage and
unemployment compensation coverage for County's employees who are
designated to fulfill the terms of this Agreement. In addition,
County is responsible to pay the Federal and State Income Tax
withholdings for all County employees designated to fulfill the
terms of this Agreement.
The standards and procedures for performance of the terms of this
Agreement, the discipline of Sheriff's Deputies fulfilling the terms
of this Agreement, and other matters incidental to the performance
of the terms of this Agreement shall at all times remain exclusively
vested in the Weld County Sheriff and not in the Town, its officers
and agents. Generally, performance standards, procedures and
discipline for those deputies performing the terms of this Agreement
shall be consistent with the performance standards, procedures and
discipline required of deputies providing service in unincorporated
areas of Weld County.
E. Monthly Report
The Sheriff shall provide a monthly report to the Town detailing the
dates, times of law enforcement and public service activities
provided to the Town pursuant to this Agreement. An example of the
format of and information contained in the monthly report is
contained in Schedule B, attached hereto and incorporated herein by
reference.
F. Availability of Sheriff
Upon the request of the Town Board, the Sheriff or his designee
shall appear before the Town Board on one (1) occasion per month for
purposes of administering this Agreement. Appearances by the
Sheriff or his designee in excess of this one (1) appearance per
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month will be assessed to the Town as hourly service at the hourly
rate set forth below, in Section 6.A.
G. County's Contact Person
The Sheriff or his designee shall act as the County's Contact Person
for purposes of the administration of this Agreement. Until further
notice is received, the County's Contact Person shall be the
individual named in Schedule C attached hereto and incorporated
herein by reference. Any change in the County's Contact Person
shall be effective upon ten (10) days advance written notice to the
Town's Agreement Monitor, referenced in Section 2.C. , below. The
designated County Contact Person and the Town's Agreement Monitor
shall work toward the common purpose of enhancing the effectiveness
of law enforcement in the Town. It is understood that the Town's
Agreement Monitor will forward all complaints or concerns from the
Town signated
in
The this Agreement to the County's designated Contact Person w
Contact Person. County's will make
al respon or reasonable
action s to o address to complaints a
the complaints or d concerns. and
2. SERVICES PROVIDED BY TOWN
A. Municipal Court
Town acknowledges that County's enforcement of the Town Ordinances
attached to this Agreement in Schedule A is conditioned upon the
Town establishing and maintaining a Municipal Court pursuant to the
applicable provisions of the Town Ordinances, the Town Charter, the
Constitution and laws of the State of Colorado and of the
Constitution of the United States.
B. Town Facilities
Town agrees to provide at no cost to County liberal access to Town
Hall facilities for administrative use such as interviews and
completion of reports.
C. Agreement Monitor
In order to administer this Agreement effectively, the Town shall
designate an Agreement Monitor. Until further notice is received,
the Town's Agreement Monitor shall be the individual named in
Schedule C, attached hereto and incorporated herein by reference.
Any change in the Agreement Monitor shall be effective upon ten (10)
days advance written notice to the County's Contact Person. The
Agreement Monitor and the County's Contact Person shall work toward
the common purpose of enhancing the effectiveness of law enforcement
services in the Town. The Agreement Monitor shall forward all
complaints or concerns from the Town in relation to this Agreement
to the County Contact Person. The County Contact Person will make
all reasonable efforts to respond to complaints and/or concerns and
to take prompt action to address the complaints or concerns.
3. MISCELLANEOUS PROVISIONS
A. Town Jail
Town acknowledges that this Agreement in no way affects the Town's
general Police Power to establish and erect a Town Jail. Town also
acknowledges that this Agreement does not constitute the consent of
the Board of County Commissioners of Weld County for the use of the
Weld County Jail for the confinement and punishment of
Town
Ordinance offenders. See Sections 31-15-401(1) (j) and C.R.S.
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B. Ordinance Fines
Any and all fines collected as a result of violations of Town
Ordinances shall be paid to the Town for uses to be determined by
the Town.
4. AGREEMENT TERM
This Agreement shall be effective upon final execution by the appropriate
officers of both parties. The term of this Agreement shall be from the
date of final execution to and until December 31, 1994 and shall be
renewed automatically on a year-to-year basis thereafter unless sooner
terminated by either party in writing served upon the other party no later
than sixty (60) days prior to the expected date of termination. Any
renewal of this Agreement shall be subject to changes in the hourly rate
schedule as provided by the Weld County Sheriff's Office and which is set
forth in Schedule C. County agrees to notify (Town ) (G- "~ of any
y
expected changes in said rate schedule at least ninety (90)
days prior to
the annual renewal date hereof.
5. TERMINATION
This Agreement may be unilaterally terminated by either party with or
without cause by sixty (60) days written notice delivered to the other
party in accordance with Section 7 "Notices, " or as otherwise provided in
this Agreement.
6. COST AND REIMBURSEMENT
A. Contract Amount
Except as otherwise provided in this Agreement, all services
rendered to Town by County pursuant to the terms of this Agreement
shall be billed to Town at the rate set forth in Schedule C attached
hereto and incorporated herein by reference. The maximum cumulative
total that Town may be billed for services during the term of this
Agreement as set forth in Schedule C attached hereto and
incorporated herein by reference. If this maximum cumulative total
is depleted prior to the expiration of the term of this Agreement,
County may, at its option, immediately terminate this Agreement and
thereby render void all of County's obligations hereunder.
B. Municipal County Appearances
The Town will reimburse County for any required Municipal Court
appearances by Sheriff's Deputies who are not otherwise performing
scheduled directly committed patrol services. Each Municipal Court
appearance by a Sheriff's Deputy shall be billed at least at the
rate of two hours of deputy service time even if the appearance
required less than two hours. If the appearance requires more than
two hours, the Town will reimburse the County for the actual time of
the appearance at the hourly rate specified in Section 6.A. , above.
C. Weld County Court and Weld District Court Appearances
The Town will not be required to reimburse County for appearances by
Weld Sheriff's Deputies in Weld County Court or Weld District Court
even if the alleged violation occurred within the incorporated
limits of the Town.
D. Investigation and Prosecution Expenses
The Town will not be required to reimburse County for time and
expenses associated with the investigation and prosecution of
violations of Colorado Statutes. However, Town will be required to
reimburse County for actual time and related expenses associated
with the investigation of Town Ordinance violations and
administrative investigations, including, but not limited to, liquor
licensing hearings. Reimbursement by Town to County will be at the
hourly rate referenced above in Section 6.A. when time for such
investigations is required in addition to the regularly scheduled
directly committed patrol services.
E. Billing Dates
Within ten (10) days following the last day of a calendar month, the
Weld County Sheriff will provide a written billing statement to Town
supported by the monthly report described in Section l.E. , above.
F. Town hereby agrees to pay each statement within forty five (45) days
following the month for which these services are billed. If payment
from Town is not received by the forty fifth (45) date, reference
above, the Sheriff may, in his discretion, terminate all service
under this Agreement. Written notice of this immediate termination
shall be provided by the Sheriff to the Town and to the Board of
Weld County Commissioners pursuant to Section 7, below.
7. NOTICES
Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery or by certified mail, return receipt
requested, postage prepaid, at the addresses listed in Schedule D,
attached hereto and incorporated herein by reference, until such time as
written notice of a change is received from the other party. Any notice
so mailed and any notice so mailed and any notice served by personal
delivery shall be deemed delivered and effective upon receipt or upon
attempted delivery. This method of notification will be used in all
instances, except for emergency situations when immediate notification may
be provided to the Agreement Monitor or the County Contact Person.
S. RESPONSIBILITY FOR LEGAL PROCEEDINGS
The Town shall be responsible for defending itself and its officers and
employees in any civil action brought against the Town and its officers
and employees by any person claiming injury and damages as a result of the
performance of this Agreement. Likewise, County shall be responsible for
defending itself and its officers and employees in any civil action
brought against the County and its officers and employees by any person
claiming injury and damages as a result of the performance of this
Agreement. The Town and its officers and employees shall not be deemed to
assume any liability for intentional or negligent acts, errors, or
omissions of the County, or any officer or employee thereof, arising out
of the performance of this Agreement. Likewise, the County and its
officers and employees shall not be deemed to assume any liability for
intentional or negligent acts, errors or omissions of the Town, or any
officer or employee thereof, arising out of the performance of the terms
of this Agreement.
9. NO THIRD PARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that enforcement of the terms and
conditions of this Agreement, and all rights of action relative to such
enforcement, shall be strictly reserved to the Town and the County, and
nothing contained in this Agreement shall give or allow any claim or right
of action whatsoever by any other person on this Agreement. It is the
express intention of the Town and County that any entity, other than the
Town or the County receiving services or benefits or who is otherwise
921.295
affected by the performance of the terms of this Agreement, shall be
deemed an incidental beneficiary only.
10. MODIFICATION AND BREACH
This Agreement and the attached Schedules contain the entire Agreement and
understanding between the parties and hereby supersedes any other
agreements concerning the subject matter of this transaction, whether oral
or written. No modification, amendment, notation, renewal or other
alteration of or to this Agreement and the attached Schedules shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed
upon in writing by the parties. No breach of any term, provision or
clause of this Agreement and the attached Schedules shall be deemed waived
or excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied,
shall not constitute a consent, waiver of, or excuse for any other
different or subsequent breach.
11. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid,
illegal or unenforceable, this Agreement shall be construed and enforced
without such a provision, to the extent this Agreement is then capable of
execution within the original intent of the parties.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF WELD COUNTY, COLORADO
Weld County Clerk to the Board
By: i(��"l F By: i tG.l�(i �` 6.,(�feG
Deputy C1 to the Board C a rperson
APPROVED AS TO FORM: �/��193
By:
C my ttorney
TOWN OF
ATTEST:
By: � yI_
%J �i . ) tlyir�
own Cler o By:��81 or
APPROVED AS TO FORM:
By:
Town Attorney
SCHEDULE A
The Weld County Sheriff will enforce only the following listed Sections of
the attached Ordinances of the Town:
Model Traffic code, in its entirely
Article Section Offense
I 7-1 (3) Littering
All general offenses in Chapter 10 of the Municipal Code, except;
Article Secion Offense
IV 10-62 Pollution of Streets
✓ 10-83 False Alarms
✓ 10-84 Storage of Flammable Liquids
✓ 10-85 Explosives
✓ 10-88 Fraud by Checks
VIII 10-144 Truancy
421 "CIeC
SCHEDULE B
The attached document is a sample of the Monthly Report Format to be
provided by County to Town pursuant to this Agreement:
To remain the same as past billing and Administrative Reports.
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SCHEDULE C
1. Until further notice is received, the County's Contact Person shall
be:
Mgr Kim Fliethman
910 10th Avenue
Greeley, Colo 80631
356-4015 ext 4629
2. Until further notice is received, the Town's Agreement Monitor shall
be:
3. The hourly rate comprising the contract amount of this fiscal
agreement shall be $30.00 per hour per Deputy.
4. The maximum cumulative total that the Town may be billed for service
during the term of this fiscal agreement is
SCHEDULE D
1. Any notice to County provided for in this Agreement shall be sent
to:
Mgr Kim Fliethman
910 10th Avenue
Greeley, Colo 80631
356-4015 ext 4629
2. Any notice to Town provided for in this Agreement shall be sent to:
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