HomeMy WebLinkAbout910038.tiff f-N /-\
RESOLUTION
RE: APPROVE LAW ENFORCEMENT SERVICE AGREEMENT BETWEEN THE TOWN OF HUDSON 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 Hudson 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 Hudson and Weld County,
Colorado, has been presented to the Board, and
WHEREAS, the term of said Law Enforcement Service Agreement shall be from
January 1, 1991, to December 31, 1991, 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 Service Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Law Enforcement Service Agreement between the Town of
Hudson 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.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 9th day of January, A.D. , 1991 nunc pro tunc
to January 1, 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /Leah
WELD CO NTY COLORADO
Weld County Clerk to the Board G o d¢d� Tcy£�n L7 airman
By: � �1( . Aa '-
Deputy Cle to the Boa eor e Kennedy, Pro-Tem
APPR D AS TO FORM: o1/2j eW: ea
Constance L. Harbert
/ ' 47/�
knty Attorne\Alli; y C. W. Kirby
/074. /ad*
W. H. Webster
// 910038
Saock)1 CC " 7' u.fCrk.lr.0 , J.n
LAW ENFORCEMENT SERVICE AGREEMENT
^ THIS AGREEMENT, made and entered into this O2til7 day of
ly2fi's.,M kti�.� ) 19 CJrj 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 HUDSON,
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:
`110038
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.
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
11001)2
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
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 in relation to this Agreement
to the County's designated Contact Person. The County's
designated 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.
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.
q I D052
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 o£ 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
(k) , C.R.S.
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. This Agreement shall continue
through December 31, , 1991. The Town may renew this
Agreement by notifying the Chairman of the Board of County
Commissioners and the Weld County Sheriff in writing not later than
sixty (60) days prior to the expiration date of this Agreement. This
notice shall state the terms and monetary compensation to be paid under
the proposed renewed contract. Failure to reach an agreement on the
Town's proposed renewal terms of this Agreement at least thirty (30)
days prior to the expiration of the Agreement shall result in the
CI ' ODS%
Agreement automatically terminating by its own terms on the specified
date.
5. TERMINATION
This Agreement may be unilaterally terminated by either party with or
without cause by thirty (30) 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 of $27.00 per hour. The
maximum cumulative total that Town may be billed for services
during the term of this Agreement is $ 5,000.00 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
g ► nn1,B
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 1 .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.
8. 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
ADO 2
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 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.
; y" , / / BOARD OF COUNTY COMMISSIONERS
ATTEST: 2 � OF WELD COUNTY COLORADO
r
r,-
By: l/k L .f4 l(.4 l Art,,;, By:
Clerk to the/Board
APPROVED AS FORM:
County Attorney
TOWN OF '<<&Lr),_.
ATTEST: /
t /n/,
By:' ,r;,Mi- 1_ �' fJj c,c By: � cet: 71 1 G/ 14 -
Town Clerk f.LO ayor y� _ /4e. ,2> ,
APPROVED AS TO FORM:
By:
Town Attorney
G I OD 77g
SCHEDULE A
The Weld County Sheriff will enforce only the following listed Sections
of the attached Ordinances of the Town:
Chapter 1, Section 28 - Littering public or private property.
Chapter 8, in its entirely - Dealing with the Model Traffic Code,
abandoned vehicles and vehicle weight limits.
Chapter 10, in its entirety - Dealing with general offenses.
C11a032
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.
CI laO1-2%
SCHEDULE. C
1. Until further notice is received, the County's Contract Managers
are:
Lt. Fliethman and Lt. Malcom @ 356-4000 extension 4649
Note: Presently Lt. Fliethman's duty hours are from 0600 to 1500
and Lt. Malcom's duty hours are from 1300 to 2200.
2. Until further notice is received, the Town's Agreement Monitor
shall be:
Robb Fuller, Administer phone 536-9311
Town of Hudson
g roeSS
SCHEDULE D
1. Any notice to County provided for in this Agreement shall be sent
to:
Lt. Fliethamn and Lt. Malcom @ 356-4000 extension 4649
Weld County Sheriff' s Office
P.O. Box 759
Greeley, CO 80631
2. Any notice to Town provided for in this Agreement shall be sent
to:
Robb Fuller phone 536-9311
P.O. Box 351
Hudson, Colorado 80642
�I / 003S.
Hello