HomeMy WebLinkAbout940516.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN SHERIFF AND THE VILLA
AT GREELEY, INC. 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 Services
Agreement between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Sheriff, and
The Villa at Greeley, Inc. , for a term of one year commencing on the date The
Villa at Greeley, Inc. receives a certificate of occupancy, 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 Services Agreement between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Sheriff, and The Villa at Greeley, Inc.
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 1st day of June, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD OUNTYTY, CO ORADO
Weld County Clerk to the Board v
W, T . Webs er, C irman
BY: 1�
Deputy C rk to the Board Daly. Hall,
APPROVED AS TO FORM: �Daly.
Baxter
ounty Attor ey Cvustance L. Harbert
i
Barbara J. Kirkmeye
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LAW ENFORCEMENT SERVICES AGREEMENT
TH S AGREEMENT is made and entered into this / day of
rut - , 1994, by and between the County of Weld and
the We County Sheriff, by and through the Board of County
Commissioners of Weld County, hereinafter referred to as "County, "
and The Villa at Greeley, Inc. , hereinafter referred to as "The
Villa. "
RECITALS
A. The Villa is the owner of an option to purchase certain real
property located in Weld County, Colorado, legally described
as :
Part of the Southwest Quarter (SW1/4 ) of
Section 2, Township 2 North, Range 68 West of
the 6th P.M. , Weld County, Colorado ( "the
Project" )
B. By Resolution of the Board of County Commissioners of Weld
County adopted March 8, 1989, the land underlying the Project
was granted a change of zone to a Planned Unit Development
( "PUD District" ) . Pursuant to the Resolution of the Board of
County Commissioners adopting the change of zone ordinance,
there is a requirement that prior to recording a PUD plan plat
a law enforcement authority shall be formed according to state
law.
C. Pursuant to the application of The Villa for approval of a
Planned Unit Development (PUD) Plan on December 8, 1993, the
County approved a site specific development plan and Planned
Unit Development (PUD) Plan, First Filing, Fort Junction PUD
( "the PUD Plan" ) .
D. Pursuant to the Resolution of the County approving the PUD
Plan and, specifically, paragraph 2v, there is a requirement
that the plan contain a plat note requiring a law enforcement
authority to be formed according to state law with respect to
the Project.
E. The Villa undertook all steps necessary to cause a law
enforcement authority to be created as provided by Colorado
law, but it has been determined by The Villa and the County
that there are no qualified electors owning lands within the
boundaries of the Project and, therefore, no law enforcement
authority can legally be organized pursuant to state law.
F. The Villa, in an effort to satisfy the spirit and intent of
the requirements of the PUD Plan and PUD District, has
proposed that The Villa contract with the County to provide
law enforcement services for the Project so that such law
enforcement services may be available to the Project to the
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same extent as would have been available through the creation
of a law enforcement authority.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1 . Law Enforcement Services . The County, by way of the
Sheriff, shall provide law enforcement protection to the
Project to the extent and manner 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 juris-
diction of the Weld County Sheriff pursuant to
Colorado laws and statutes .
b. Except as otherwise hereinafter provided, the
County will provide to The Villa perimeter area
patrol services in the vicinity of the Villa
according to a regular schedule mutually estab-
lished by The Villa and the Weld County Sheriff .
The schedule shall be subject to modification from
time to time by agreement between The Villa and the
Sheriff, but the Sheriff shall retain ultimate
authority to reassign, at any time, any Sheriff ' s
personnel performing this directly committed patrol
service to the law enforcement needs elsewhere
throughout the county. In such case, the Sheriff,
in his discretion, may provide any unfulfilled
schedule patrol service later in the same scheduled
day. The Villa shall be responsible for payment,
pursuant to this Agreement, only for actual peri-
meter patrol services provided pursuant to this
Agreement. The actual hours and area to be covered
by the perimeter patrol service will be established
by the Sheriff upon the assessments of change in
area needs, statistical/crime analysis information,
and other factors such as day of week, month,
holiday, visitation periods at the Villa, and
community activities or events . Exact times of the
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. Additional Chargeable Costs . Should the Project
itself generate an increased demand for investi-
gation, enforcement, recordkeeping, and other law
enforcement services ordinarily provided for the
unincorporated areas of Weld County, Colorado, The
Villa agrees to reimburse the County for those
additional expenses based upon the hourly cost for
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responding to the initial complaint or emergency
call . Costs for investigation, prosecution,
recordkeeping, and other law enforcement services
incurred after the initial response to the
complaint or emergency call will not be chargeable
to The Villa, except as otherwise assessed to other
individuals or entities which operate within the
unincorporated areas of Weld County.
d. The rendition of services, in terms of the standard
of performance, 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 any officer or 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, in terms of overall performance as
evaluated by the Sheriff in accordance with County
or Sheriff ' s Department procedure, be 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 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 . Cooperation of Project. The Sheriff shall have full
cooperation from The Villa, its officers, agents, and
employees so as to facilitate the performance of this
Agreement.
3 . Labor and Facilities . 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 . County Employees . The Villa shall not be liable for the
direct payment of any salaries, wages, or other compensa-
tion to any personnel performing services herein for the
County.
5 . Insurance and Indemnity. The County agrees to procure,
at its own expense, adequate insurance against and to
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indemnify, defend, and hold The Villa harmless from any
and all of the following types of claims :
a. Employment claims by any County employee for
compensation, fringe benefits of any kind whatso-
ever ( including, without limitation, pension rights
for payments, insurance of any kind, reimbursement
of medical expenses, vacation pay, sick leave, or
sick pay) , and in tort claims or similar claims
(e.g. , Section 1983 claims ) relating to the terms
or conditions of employment with the County.
6 . Reimbursement to County. The Villa shall pay to the
County at least annually the County's actual cost of
services rendered by the Sheriff pursuant to this Agree-
ment, to the extent that such services are calculated at
a rate for the initial year of $30 per person hour. The
Villa shall pay to the County the amount of all proper
invoices within 30 days of receipt by The Villa. All
such invoices shall give an description of the services
provided by the County at the Project, identifying the
date of service, the nature of the service, and the cost
of the service.
It is agreed by the County and The Villa that the maximum
annual charges for which The Villa is obligated to pay
the County shall be an amount equal to 7 . 0 mills multi-
plied by the current year' s assessed valuation of the
land and improvements as established by the Weld County
Assessor' s Office for the Project.
7 . Amendments . This Agreement shall only be amended by
written document executed by the County and authorized
representatives of The Villa.
8 . Term. This Agreement shall be for a term of one year
commencing on the date The Villa receives a certificate
of occupancy for the Project. Thereafter, this Agreement
shall renew from year to year unless terminated as here-
inafter provided. This Agreement may be terminated at
any time by the County upon 90 days ' prior written notice
to The Villa. This Agreement may be terminated by The
Villa only upon approval of the County after it is deter-
mined by the County that the purposes of this Agreement
are otherwise satisfied by other law enforcement
arrangements or are no longer necessary.
9 . Liaison With Sheriff . For the purpose of enhancing the
effectiveness of law enforcement in the designated areas,
one member of the facility staff shall be designated to
act as liaison between The Villa and the Weld County
Sheriff ' s Office. It shall be the purpose of the liaison
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designee to forward all complaints or problems from The
Villa in relation to the Agreement herein to the Sheriff
or his Undersheriff. The Sheriff for his office shall
make periodic contacts with The Villa to discuss problems
or complaints, provide crime analysis information, and
assist The Villa in maximizing service at minimum cost.
10 . Binding Effect. This Agreement shall be binding upon the
parties hereto, their successors and assigns . It is
agreed that in the event ownership of the Project shall
be transferred or sold or any change of ownership therein
should occur the successors of The Villa shall be bound
by all of the terms and conditions hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed effective the date above written.
THE VILLA AT GREELEY, INC.
Presiders
ATTESIE )�^"""I A J,-�� 4 BOARD OF COUNTY COMMISSIONERS
AC /� OF WELD COUNTY, COLORADO
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS 1fy'"/ /, 42
W. H. We ster, hairman 0604,4
BY:
Deputy Clerk to the : .ard
WELD COUNTY SHERIFF' S OFFICE
Sheriff '
alawvilla.gjb
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