HomeMy WebLinkAbout992611.tiff AGREEMENT FOR LAW ENFORCEMENT SERVICES
THIS AGREEMENT is made and entered into this 93A day of September, 1999, by
and Ed Jordan, Welc.County Sheriff,whose address is 910 10`h Avenue, Greeley,Colorado 80631,
hereinafter referred to as "Sheriff," and the Town of Kersey, Colorado, by and through its Town
Council, whose address is P. O. Box 67, 332 Third Street, Kersey, Colorado 80644, hereinafter
referred to as "Town."
WI'INESSETH:
WHEREAS,Town desires to increase law enforcement on that portion of U.S. Highway 34,
between Mile Marker f J$ and Mile Markerja, which portion is outside of Town's municipal
boundaries but is immediately adjacent to Town,hereinafter referred to as the"Kersey Portion,"and
WHEREAS, the increased law enforcement contemplated by Town will include traffic
enforcement only tc be performed by Town's police personnel, and
WHEREAS, Sheriff has the authority through Colorado law(C.R.S. §§ 30-10-506 and 510)
to deputize persons for the purpose of performing particular acts of law enforcement, and
WHEREAS, through this Agreement the parties hereto desire to set forth their agreements
and understandings regarding the deputizing of Town's police personnel for the purpose of
performing traffic enforcement on the Kersey Portion.
NOW,THEREFORE,for and in consideration of the covenants,conditions,agreements,and
stipulations hereinafter expressed, the parties do hereby agree as follows:
I. Recitals. The above set forth Recitals are incorporated herein.
2. Tenn of Agreement. This Agreement shall be effective from the date of its signing
and continue until terminated, pursuant to the provisions of paragraph 8, herein.
3. No Compensation. For the law enforcement services to be performed by Town
police personnel as contemplated herein, no compensation shall be paid by Sheriff
to either Town or Town's police personnel.
4. Law Enforcement Services.
A. Services To Be Provided by Town.
Town shall perform the following limited law enforcement services:
Page 1 of 4 Pages
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1) Town's police personnel who have been deputized by Sheriff shall
perform traffic enforcement on the Kersey Portion. "Traffic
enforcement" as contemplated herein shall include and be limited to
enforcement of those traffic rules and regulations contained in Title
42, Article 4 of the Colorado Revised Statutes.
2) Town's police personnel who have been deputized by Sheriff shall
follow up on any traffic tickets written by them to provide evidence
in court if required by the District Attorney for the 19`h Judicial
District.
B. Qualifications of Town's Police Personnel.
Town's police personnel who have been deputized by Sheriff shall maintain
"basic peace officer" certification as described in C.R.S. § 24-31-305(1).
Any costs associated with maintaining such certification shall be paid for by
Town or by the police personnel involved, not by Sheriff.
5. Deputizing by Sheriff. Upon signing this Agreement, Sheriff shall deputize Town's
police personnel for the limited purpose of providing traffic enforcement on the
Kersey Portion,pursuant to the provisions of C.R.S. §§ 30-10-506 and 510,utilizing
the attached form. Such status as Deputy Sheriff shall be revocable at any time for
any reason by Sheriff. Town's police personnel so deputized shall still be considered
employees of Town, even during their performance of traffic enforcement on the
Kersey Portion. At no time shall Town's police personnel be considered employees
of Weld County, Colorado; Sheriff; and/or the Board of County Commissioners of
Weld County, or be eligible for salary or benefits from them.
6. Insurance Coverage. Town shall, at its sole cost and expense, provide liability
insurance in the amount of$1,000,000 per incident/aggregate,covering the activities
of Town's police personnel while performing traffic enforcement on the Kersey
Portion. Such insurance shall include Weld County, Sheriff, the Board of County
Commissioners of Weld County, their employees and agents, as additional named
insureds. Evidence of such insurance shall be provided to Sheriff in the form of a
Certificate of Insurance, which Certificate shall be updated on a yearly basis.
7. Non-Assignment. This Agreement shall not be assignable.
8. Termination. Either party may terminate this Agreement for any reason,upon written
notice of such termination to the other party. If this Agreement is so terminated,
Sheriffs limited commission to Town's police personnel as Deputy Sheriffs, shall
cease immediately without further notice.
Page 2 of 4 Pages
9. 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 set forth above,until such time as written notice of a change
is received from the party wishing to make a change of address. 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
to the parties is required.
10. Modification and Breach. This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction,whether oral or written.
No modification, amendment, novation, renewal, or other alteration of or to this
Agreement and the attached exhibits shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned parties. No
breach of any term, provision, or clause of this Agreement 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 hereto,or waiver of,
a breach by any other party,whether express or implied,shall not constitute a consent
to, 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.
12. Funding. No portion of this Agreement shall be deemed to create an obligation on
the part of Town or Sheriff to expend funds not otherwise appropriated during the
term of this Agreement.
13 No Waiver of Immunity. No portion of this Agreement shall be deemed to constitute
a waiver of any immunities the parties or their officers or employees may possess,
nor shall any portion of this Agreement be deemed to have created a duty of care that
did not previously exist with respect to any person not a party to this Agreement.
Page 3 of 4 Pages
Ed Jord eld County Sheriff
ATTEST: TOWN/OF KERSEY, COLORADO
By: By: S4 I
Tom Schemp, Mayor
APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM:
By:
Pat Carey, Police Chief Don Hoff, Town At40rne
C:\WINDOWS\TEN6'\SHERKERS WPD
Page 4 of 4 Pages
T : TsP AT PROW-
Of ® CERTI CATE OF INSURANCE ISSUE
E DATE(MM/DD"Y)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND.
F,FI•n(1 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PD Box 305107
COMPANIES AFFORDING COVERAGE
Nashville, TN 372711-5107
cOMPANY A NORTNETELD INSi-,5AN'E ICC PAN0
LETTER
COMPANY e
INSURED , , LETTER
cioraao Intergovernmental
COMPARisk Sharing Agency irIRSA, LETTER
950 South Cherry Street, 1800
Denver, CO 80222 COMTERNY D
TEL: (3031 75721/415 FAR: 1,031 757-8950
1"' OF KERSEY ) COMPANY ELETTER
COVERAI.ts
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO POLICY EFFECTIVE POLICY E%PIRATION LIABILITY LIMITS IN THOUSANDS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DOHR OATS iMMID/YY1 EACH AGGREGATE
OCCURRENCE
ENXg RAL LIABILITY BODILY
COMPREHENSIVE FORM AA01135 31/01/19°5 01/01/2000 INJURY $ $
PREMISES/OPERATIONS PROPER"(
UNDERGROUND DAMAGE i$ $
EXPLOSION&COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
BI R.PD
CONTRACTUAL COMBINED $ $
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $
UT MOBILE LIABILITY n i ng / 2 INJURY v1 1.
F AADll35 01/01/1399 01,01/2000 (PER PERSIA) $
ANY AUTO A) a .Aa
ALL OWNED AUTOS(PRIV. PASS.)
INJURY Or
ALL OWNED AUTOS OTHER THAN 1 (PER accleENr1 $ k=;y t,
PRIV. PASS / t
HIRED AUTOS PROPERTY
NON-OWNED AUTOS DAMAGE— $ 1-74-3. a
GARAGE LIABILITY RI s PD 1
COMBINED xrk , k
EXCESS LIABILITY
Cl a PC
JM ,,UMBRELLA FORM $ $
COMBINED $ $
OTHER THAN UMBRELLA FORM ,�#
STATUTORY 'A;A�
P 1 99 Wilitll&®S' COMPENSATION $ (EACH ACCIDENT)
AND $ (DISEASE-POLICY LIMIT)
EMPLOYERS' LIABILITY $ (DISEASE-EACH EMPLOYEE)
OTHER Eg AA SS// p E$
DESCRIPTION t0acceaRschen'11e torTIco/erage and ISPECeArs ITEMS
As respects FF law enforcement agreement covering activities
/ of Town's office while •erformin• traffic enforcement on Berse Portion.
CERTIFICATE HOLDER CANCELLATION
A. 1 ondl '.nsure'. Cert.]. mate No: 38 6 SHOU4p ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
WELD COUNTY SHERIFF's DEPARTMENT ^ PIRAtION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
910 10111 AVENUE ' 'I7 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMP E IVO OBLIGATION OR LIABILITY
,P,EELEY, CO 80631
�D OF ANY XI ON THE COMPA��fENN�yyy)))ITS AGENTS REPRRESS NT TIVES.
. 1 /AUTHORIZ E NT IVE J7/
Attn: Ed Jordan U,/ Ate.,.,.__„
sAT.?ro }
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COLORADO PROPERTY/CASUALTY
INTERGOVERNMENTAL
RISK SHARING AGENCY
DESCRIPTION OF COVERAGE
* to $150K per person/$600K per occurrence for liability claims subject to
Governmental Immunity Act; $1.5M claim/occurrence other automobile
claims; $5M claim/occurrence other liability claims.All coverages subject
to aggregate and other limits.
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SCHEDULE OF EXCESS LIABILITY CARRIERS
1999
$4,000,000 EXCESS OF $1,000,000
NORTHFIELD INSURANCE COMPANY
POLICY NUMBER AA01135
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