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Home My WebLink About20200481.tiffRESOLUTION RE: APPROVE LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN OF KERSEY 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 County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the Town of Kersey, commencing upon full execution of signatures, and ending July 31, 2020, 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 LT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Law Enforcement Service Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the Town of Kersey, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 5th day of February, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datitiv je&o ok. Weld County Clerk to the Board BY: Mike Fr eman, Chair Steve Moreno, Pro-Tem Deputy Clerk to the Bo VACA VACA APP' : ED AS ounty torney Date of signature: o.242-/20 K. James .7 U Barbara Kirkmey itirl cc SOCSKiac) 03/04/20 2020-0481 SO0041 2sckck =O. cr 3'.10 5 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: TOWN OF KERSEY LAW ENFORCEMENT SERVICE AGREEMENT DEPARTMENT: Sheriff's Office DATE: 01/29/20 PERSON REQUESTING: Captain Alan Caldwell Brief description of the problem/issue: The Town of Kersey Police Department is unable to provide 24/7 police protection to Kersey residents due to unexpected personnel shortages. Kersey PD can cover most hours, however gaps in coverage are expected on weekends. Some weekday coverage is possible. The Kersey Police Department requested temporary assistance from the Sheriffs Office. Kersey's personnel shortage is expected to end within six months. The Sheriffs Office can provide indirect law enforcement services for emergencies and in progress calls with minimal impact on operations. Indirect law enforcement services would be on call as needed when a Kersey Police Officer is unable to respond or not available. Weld County deputies would not be scheduled to work in Kersey and would respond only if dispatched to calls that require the immediate response from law enforcement. The Colorado State Patrol will assist Kersey PD with traffic accident investigation. The Sheriffs Office would only respond to non -traffic related calls that require an immediate law enforcement presence. The Town of Kersey signed a Law Enforcement Service Agreement which is submitted through the Sheriffs Office to the BOCC for consideration. The County Attorney's Office reviewed the agreement. If approved by the BOCC, services would be billed at the approved 2020 contract rate of $67.99 per hour. The agreement would expire on August 1st, 2020. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve the agreement. The Sheriff's Office would provide indirect law enforcement services to Kersey. Services would be billed at the approved contract rate. Not approve the agreement. Kersey PD would have to explore other options that do not include the Sheriff's Office. Explore other options. The BOCC could direct the exploration of other options besides the proposed agreement. Recommendation: The Sheriffs Office recommends placing the agreement in the consent agenda for approval. Temporary indirect services can be provided to Kersey with minimal impact on operations. 2020-0481 ©a%o5 5000`1 Approve Recommendation Sean P. Conway Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Schedule Work Session Other/Comments: LAW ENFORCEMENT SERVICE AGREEMENT THIS AGREEMENT is made and entered into this7b day of ui avy , 20O2 by and between the COUNTY OF WELD, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff, whose address is P.O. Box 758, 915 10th Street, Greeley, CO 80631, hereinafter referred to as "the Sheriff," and the Town of Kersey whose address is 332 3rd Street, PO Box 657, Kersey, Colorado hereinafter referred to as the "the Town." WITNESSETH: WHEREAS, the Town is authorized by statute to, among other things, regulate the police of the municipality and pass and enforce all necessary police ordinances, and to, among other things, regulate the streets, to prevent and suppress riots, routs, affrays, noises, disturbances, disorderly assemblies in any public or private place, and to prevent fighting and all disorderly conduct within the boundaries of the Town, pursuant to Section 31-15-401, C.R.S., and WHEREAS, Section 31-4-306, C.R.S., provides for a Chief of Police for the municipality, who shall have the same power that the Sheriff has by law, coextensive with the county in cases of violation of the Town's ordinances, for offenses committed within the limits of the Town, and WHEREAS, the Town, in exercising its general police power as above referenced, is desirous of entering into an agreement with Sheriff for the performance of law enforcement services over and above the regular law enforcement service which may be otherwise provided by the Sheriff, and WHEREAS, the Sheriff is willing to render such additional service and law enforcement protection on the terms and conditions set forth in this Agreement, and WHEREAS, such agreements are authorized by Section 29-1-203 CRS and the Weld County Home Rule Charter, Article II, Sections 2-3. NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree as follows: A. COUNTY SHERIFF RESPONSIBILITIES: 1. Services to be provided by the Sheriff. Subject to the financial and time limits as hereinafter set forth in Schedule D, and in any other provisions of this Agreement, the services to be provided by the Sheriff shall be as follows: 1 o2DOZ0 i/g / a. Patrol Services. Sheriff will respond to emergencies and calls concerning all types of crimes or alleged crimes within the Town which are dispatched to the Sheriff for response and require the immediate response by law enforcement personnel. Patrol services also include time incurred by Sheriff Deputies for appearances or testimony required by Town for any Municipal Court, County Court, or District Court proceeding. The Sheriff shall provide to Town patrol services according to a regular schedule mutually established by Town and the Sheriff. This schedule shall be subject to modification from time to time by agreement of the parties. However, the Sheriff retains ultimate authority to reassign, at any time, any Sheriffs personnel performing patrol service to law enforcement needs elsewhere throughout Weld County. The Town shall be responsible for payment for any Patrol Services thus rendered, pursuant to the terms of this Agreement. b. Exceptions to Service. Sheriff shall not impound, contain, or transport animals -at -large, enforce animal -at -large ordinances of the Town, or collect trash dumped or deposited in violation of the Town Ordinances in the absence of a separate written agreement for such services. Further limits on service are set forth in Schedule A." 2. Labor and Equipment. Sheriff 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 as set forth in this Agreement. Town shall not be liable for the direct payment of salaries, wages, or other compensation to Sheriff personnel performing the services on behalf of the Sheriff. Sheriff shall provide the necessary workers' compensation coverage and unemployment compensation coverage for Sheriffs employees who are designated to fulfill the terms of this Agreement. In addition, Sheriff is responsible to pay the Federal and State Income Tax withholdings for all Sheriff 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 Sheriff and not in 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. 3. 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. 2 4. Availability of Sheriff. Upon request of the Town Board, the Sheriff or his designee shall appear before the Town Board on no more than 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 shall be assessed to the Town as hourly service at the hourly rate set forth in Schedule D below. 5. Sheriff Contact Person. The Sheriff or his designee shall act as the Sheriff Contact Person for purposes of the administration of this Agreement. Until further notice is received, the Sheriff Contact Person shall be the individual named in Schedule C, attached hereto and incorporated herein by reference. Any change in the Sheriff Contact Person shall be effective upon ten (10) days advance written notice to the Town Agreement Monitor, referenced in Paragraph 19 below. The Sheriff Contact Person and the Town Agreement Monitor shall work toward the common purpose of enhancing the effectiveness of law enforcement in the Town. It is understood that the Sheriff Contact Person shall forward all concerns from Sheriff in relation to this Agreement to the Town Agreement Monitor. The Town Agreement Monitor shall make all reasonable efforts to respond to such concerns and to take prompt action to address such concerns. B. SERVICES TO BE PROVIDED BY THE TOWN: 1. Town Agreement Monitor. In order to administer this Agreement effectively, the Town shall designate an Agreement Monitor. Until further notice is received, the Town Agreement Monitor shall be the individual named in Schedule C. Any change in the Town Agreement Monitor shall be effective upon ten (10) days advance written notice to the Sheriff Contact Person. The Town Agreement Monitor and the Sheriff Contact Person shall work toward the common purpose of enhancing the effectiveness of law enforcement services in the Town. The Town Agreement Monitor shall forward all complaints or concerns from the Town in relation to this Agreement to the Sheriff Contact Person. The Sheriff Contact Person shall make all reasonable efforts to respond to complaints and/or concerns and to take prompt action to address the complaints and concerns. C. MISCELLANEOUS PROVISIONS: 1. Town Jail. The Town acknowledges that this Agreement in no way affects the Town's general police power to establish and erect a Town jail. The 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., as amended. 3 2. 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 2359 hours on July 31, 2020, 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. 3. Termination. This Agreement may be unilaterally terminated by either party at any time, with or without cause, by sixty (60) days written notice delivered to the other party in accordance with the provision concerning Notices or as otherwise provided in this Agreement. The Town shall be obligated to pay any and all outstanding invoices delivered to it for services performed by the Sheriff regardless of whether notice of termination has been served. D. COST AND REIMBURSEMENT: 1. Contract Amount. Except as otherwise provided in this Agreement, all Patrol Services rendered to the Town by the Sheriff pursuant to the terms of this Agreement shall be billed to the Town at the per hour rate specified in Schedule D, which rate shall reimburse Sheriff 100% of all costs incurred as a result of Sheriff providing Patrol Services pursuant to this Agreement. 2. Municipal Court Appearances. The Town shall reimburse the Sheriff for any required Municipal Court appearances by Sheriff's deputies. Each Municipal Court appearance by a Sheriff's deputy shall be billed at the minimum 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 shall reimburse the Sheriff for the actual time of the appearance at the hourly rate specified in Schedule D. 3. Weld County Court and Weld District Court Appearances. The Town shall be required to reimburse Sheriff for appearances by Weld Sheriff's deputies in Kersey Municipal Court, Weld County Court or Weld District Court in those cases where the alleged violation occurred within the incorporated limits of the Town. 4. Investigation and Prosecution Expenses. Town shall be required to reimburse Sheriff for time and expenses incurred by all responding deputies associated with the investigation and prosecution of violations of Colorado Statutes. The Town shall be required to reimburse the Sheriff for actual time and related expenses incurred by all responding deputies associated with the investigation of Town ordinance violations and administrative investigations, including, but not limited to, liquor licensing hearings. Reimbursement by the Town to the Sheriff shall be at the hourly rate referenced in Schedule D, when time for such investigations is required in addition to the regularly scheduled directly committed patrol services. 4 5. Billing Dates. Within ten (10) days following the last day of the calendar month, the Sheriff shall provide a written billing statement to the Town supported by the monthly report described in Paragraph A.3., above. 6. Payment Dates. The Town hereby agrees to pay each statement within forty-five (45) days following the month for which these services are billed. If payment from the Town is not received by the forty-fifth (45th) day referenced 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 County Commissioners of Weld County, pursuant to Paragraph C.3., above. 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, to the Town Agreement Monitor or the Sheriff Contact Person at the addresses set forth in Schedule C, 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 served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification shall be used in all instances. 8. Responsibility for Legal Proceedings. The Town shall be responsible for defending itself, its officers, and employees in any civil action brought against the Town, its officers, and employees by any person claiming injury and damages as a result of the performance of this Agreement. Likewise, the Sheriff shall be responsible for defending itself, its officers, and employees in any civil action brought against the Sheriff, its officers, and employees by any person claiming injury and damages as a result of the performance of this Agreement. The Town, its officers and employees shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the Sheriff, or any officer or employee thereof, arising out of the performance of this Agreement. Likewise, the Sheriff, his or her 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 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 Sheriff, 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 the Sheriff that any entity, other than the Town or the Sheriff 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. 5 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, innovation, 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 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. 12. Budget Constraints. No portion of this Agreement shall be deemed to create an obligation on the part of the Town of Kersey, County of Weld, State of Colorado, or the Sheriff's Office, to expend funds not otherwise appropriated during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. COUNTY OF WELD AND THE WELD COUNTY SHERIFF, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO By: 3 Mike Freeman , Chairm APPROVED AS TO FORM: Asst As y Aitot'ney Wel Count 6 TTEST: eputy C rk to the Bo 0,20,4a. oz./?/ TOWN OF KERSEY By: APPROVED AS TO FORM: B Town Attorney 7 By: ATTEST: SCHEDULE A In addition to the Patrol Services listed in Paragraph 1.a, the Weld County Sheriff shall enforce only the following listed Sections of the attached ordinances of the Town: Model Traffic Code. Only those ordinances comparable to the Colorado State Statutes. 8 SCHEDULE B The attached document is a sample of the Monthly Report form to be provided by County to Town pursuant to this Agreement: Common Contract Billing by date. 9 SCHEDULE C 1. Until further notice is received, the County Contact Person shall be: Lieutenant Mike Knee Weld County Sheriff's Office 1950 O Street Greeley, CO 80631 970-400-3939 mkeenu.weldgo.com 2. Until further notice is received, Towns Agreement Monitor shall be: Chief David Gottschalk 332 3rd Street PO Box 657 Kersey, CO 80644 970-353-1681 DGottschalkn,Kersevuov.com SCHEDULE D 1. The hourly rate comprising the contract amount of this fiscal agreement during the initial term of the Agreement, and until further notice as set forth in the Agreement, shall be $67.99 per hour per Deputy for fiscal year 2020. 11 New Contract Request Entity information Entity Name* KERSEY, TOWN OF Entity ID* 0002501 Contract Name* Contract ID INDIRECT SERVICE AGREEMENT BETWEEN TOWN OF 3405 KERSEY (POLICE DEPT) AND THE WC SHERIFFS OFFICE Contract Status FINANCE REVIEW Contract Lead* ACALDWELL ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email De! acaIdwell@co.weld.co_us; skohlgraf@weldgov.com Contract Description * CONTRACT EXPIRES 8/1,2020 $67.99 HRLY CONTRACT SERVICE RATE_ SERVICES WILL BE BILLED AS PROVIDED. Contract Description 2 Contract Type AGREEMENT Amount* $0.00 Renewable* YES Automatic Renewal NO Grant Department SHERIFF Department Email CM-Sheriff@weldgov.com Department Head Email CM-Sheriff- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYAIIORNEY@WE.LD GOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 02/05/2020 Due Date 02/01/2020 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Onl3ase Termination Notice Period Review Date* 06/15/2020 Committed Deliverer Date Renewal Date* 08/01/2020 Expiration Date Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email ne 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head DONNIE PATCH DH Approved Date 02/03/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/0512020 originator SKOHLGRAF Finance Approver Legal Counsel Finance Approved Date Legal Counsel Approved Date Tyler Ref # AG 020520 Submit Hello