HomeMy WebLinkAbout900163.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT AGREEMENT BETWEEN THE TOWN OF
SEVERANCE 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 Severance 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 Severance 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 , to 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 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 Severance 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.
DC i �,` 900163
Page 2
RE: LAW ENFORCEMENT AGREEMENT - TOWN OF SEVERANCE
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 12th day of
February, A.D. , 1990 , nunc pro tunc January 1 , 1990.
�) BOARD OF COUNTY COMMISSIONERS
ATTEST: t £rk
WELD COUNTY, COLORADO
Weld County and Recorder EXCUSED
and Clerk to the Board Gen R. Brantner, Chairman �r
Geo nedy, Pro-Te
LED
eputy County erk
rf
APP AS TO FORM: Constance�L. a rt
EXCUSED
C.W. Kirby C/�
County Attorney (alit
900163
LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this It) day of �A tpa.9
1990, by and between the County of Weld and the Weld County Sheriff,
hereinafter referred to as "County", and the Town of Severance, hereinafter
referred to as the "Town":
WHEREAS, The Town is desirous of entering into a contract with the a
County for the performance of the hereinafter described law enforcement
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 Rome 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
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 of unexpected law enforcement needs
elsewhere in Weld County. The Weld County Sheriff will provide, as
part of the Agreement, a basic level of directly committed patrol
services established by the Town 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.
Total actual hours of directly committed patrol service will be
established, and may be modified, by the Town Board.
c. The specific services provided to the Town by the Sheriff will
include the following:
1. General traffic violation enforcement, pursuant to the Town's model
traffic code.
2. Investigation of traffic accidents.
3. Business checks after hours.
4. Investigation of criminal offenses.
5. Maintenance of police records including crime reports, arrest
warrants, and the Colorado Crime Information Center reporting.
6. Crime analysis and statistics collection.
7. City/County Regional Forensic Laboratory support.
8. Maintenance in collection, storage of evidence related to criminal
activity.
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9. Crime prevention materials and programs for residential and
business applications upon request and at the same level as
unincorporate areas of Weld County of similar population density.
10. Vacation checks of private residences upon request.
11. 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 Town or any officer of 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 Weld County. 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.
e. Such service shall include the enforcement of Colorado State
Statutes and Laws and the Model Traffic Code as adopted by the Town,
provided a Municipal Court has been established by the Town. All
citations written for statute or law violations will command the
violator to appear before the Weld County Court. All violation of the
Town's model traffic code will command the violator to appear before
the municipal. The Sheriff will not enforce any municipal code
violations other than adopted model traffic code.
2. That the Sheriff shall have full cooperation from the Town, 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 Town will
provide at no cost, access to Town Hall facilities for administrative use,
such as interviews and completion of reports when required, and law
enforcement equipment which is the property of the Town, 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 and necessary
maintenance cost will be borne by the County throughout the duration of this
Agreement unless said equipment is returned to the Town.
4. That the Sheriff provide a monthly written report to the Town
Board detailing law enforcement and public service activities provided
pursuant to this Agreement. Said report should, as a minimum, detail number
and type of criminal complaints, property loss, hours of patrol service
response time, number and type of traffic accidents, crime analysis data,
and recommendations as to beneficial alteration of services.
903163
5. That the Sheriff or his delegated representative appear before the
Town Board as requested in writing from the Town. The written request will
specify location, date, time and purpose. The Town shall not request an
appearance more than once a month. More frequent requests and appearances
shall be paid for by the Town as hourly service at the hourly rate.
6. The Town 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 indemnify, defend and hold the Town 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 limitations,
pension rights or payments, insurance of any kind, reimbursement
of medial 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 Town, or any officer, agent, or employee thereof to the
extent of its legal authority to do so. The Town 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 are provided by Statute including
levy of a special tax to pay the judgment.
9. This Agreement shall be effective from January 1, 1990 to December
31, 1990.
10. The Town 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, crime prevention
programs and Court. 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 $48.00 per appearance per deputy for up to two hours.
After two hours, the cost will be $24.00 per hour. Criminal investigations
and administrative investigations such as a liquor license applicant
backgrounds will be conducted without charge as these costs have been
included in the hourly rate.
11. The Town agrees that funds may be set aside to be spent to be
spent on crime prevention materials selected by the Town on the advise and
recommendation of the Sheriff's Office. The time needed to implement crime
prevention programs shall be defined as directly committed patrol service
subject to the hourly charge specified in the agreement.
12. The Sheriff's Office shall make a conscientious effort to provide
effective traffic enforcement. The purpose of efforts in this area shall be
to discourage to prevent unsafe situations from occurring and, therefore,
reduce the possibility of accidents.
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13. Within seven (7) working days following the last day of the
calendar month, the Sheriff will provide a bill to the Town supported by
invoices of both directly committed patrol and on-call request services.
14. The Town 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 Town 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 Town 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
renewed Agreement, including any revision of rates and charges. To renew
this Agreement, the Town 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 Town 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.
17. The Town shall have the right to terminate this Agreement at any
time providing that the Town provides the sheriff and Board of Weld County
Commissioners 90 days written notice of such intention.
18. Any and all fines collected resulting from model traffic code
violations shall be paid to the Town in accordance with currently held
practices.
19. For the purpose of enhancing the effectiveness of law enforcement
in the Town, one member of the Town Board shall be designated by the Town
Board to 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 Town in relation to the Agreement herein to
the Sheriff or his Undersheriff. The Sheriff or his designee shall make
periodic contacts with the Town Board to discuss problems or complaints,
provide crime analysis information, and assist the Town in the provision of
service. 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.
900163
IN WITNESS WHEREOF, the Town 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.
T: TOWN
�OF SEVERANCE At
)Getha;11C-4) .(j6 of the Town Boar of Trustees MAYOR b
ATTEST: BOARD OF WELD COUNTY COMMISSIONERS
144/0-S-444/14;47 i
Clerk,PBC.fA rd of County Commissioners C airman
BY C yw-y1�� /2,111,--34 .6" WELD COUNTY SHERIFF'S OFFICE
Deputy County Clerk
C-
WELD CO SHERI
9U0163
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