HomeMy WebLinkAbout20200804.tiffRESOLUTION
RE: APPROVE LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - TOWN OF MEAD
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 Mead,
commencing upon full execution of signatures, and ending December 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 IT 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 Mead, 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 9th day of March, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d„/1, ..aCllo•
Weld County Clerk to the Board
County Attorney
Date of signature: Q3/1°I I2
Mike Freeman, Chair
Steve
reno, Pro -Tern
Scott K. James
Kevin D. Ross
CC :SO(SK/Rc)
o'4/o2/zo
2020-0804
SO0041
(4y -w -d-- V -k5i/-19'
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE:
TOWN OF MEAD LE SERVICE AGREEMENT
DEPARTMENT: SHERIFFS OFFICE DATE: 03/03/20
PERSON REQUESTING: CAPTAIN ALAN CALDWELL
Brief description of the problem/issue:
The Town of Mead requested a LE Service Agreement to cover calls in their town whenever Mead
Police Department Officers are not on duty. Due to operational limitations, the Sheriff's Office can
only provide emergency and in -progress call response services to Mead between midnight and 4:00
am Monday through Sunday. Deputies responsibilities would be limited to holding the scene and
keeping the peace until Mead police officers arrive within one hour to assume scene responsibility. If
approved the agreement would expire on December 31, 2020. Services would be billed at the
approved contract rate of $ 67.99 per hour per deputy. The County Attorney reviewed the agreement
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
The Board can approve, decline or modify the agreement. The Sheriffs Office can provide services
in the manner described above.
Recommendation:
The Sheriffs Office recommends approving the agreement.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Kevin D. Ross
Approve Schedule
Recommendation Work Session
mF
Other/Comments:
2020-0804
03/09
50004(
MEAD
COLORADO
Weld County Sheriff's Office
1950 O Street
Greeley, CO 80631
February 27, 2020
RE: Law Enforcement Service Agreement
Enclosed please find two originals of the Law Enforcement Service Agreement between the
Weld County Sheriff Office and the Town of Mead. These have been executed by the Town of
Mead on February 24, 2020. Please have them executed by Weld County and return one to me
for the Town's records at:
Town of Mead
Attn: Town Clerk
PO Box 626
Mead, CO 80542
Let me know if you have any questions.
Mary Strutt, MMC
Town Clerk / Treasurer
mstrutt@townofinead.org
970-805-4182
Enclosures
441 Third Street Mead, CO 80542 970.535.4477 townofinead.org
3ggy
LAW ENFORCEMENT SERVICE AGREEMENT
THIS AGREEMENT is made and entered into thiseday of , 2001P 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 MEAD
whose address is P.O. BOX 626, 441 3RD STREET, MEAD,COLORADO 80542, 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:
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
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02002 D - Dg6/6)
response by law enforcement personnel. Sheriff's responsibilities are
limited to securing the scene to keep the peace until Town law
enforcement officers arrive to assume responsibility, conduct
investigations, and take any other necessary action, which shall commence
within one hour of being notified by Sheriff. Patrol services also include
time incurred by Sheriff Deputies for appearances or testimony required
by Town for any Municipal Court proceeding. The Sheriff shall provide to
Town patrol services only between the hours of 12:00 a.m. (midnight) and
4:00 a.m. However, the Sheriff retains ultimate authority to reassign, at
any time, any Sheriff's 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.
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 Sheriff's 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.
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
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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 Hall. 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.
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
March 1, 2020, or the date of final execution, whichever is later, to and until 2359
HRS ON DECEMBER 31, 2020, unless sooner terminated by either party in
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writing served upon the other party.
3. Termination. This Agreement may be unilaterally terminated by either party at
any time, with or without cause, by twenty-four (24) hours 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 Mead
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.
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
4
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.4., 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.
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
5
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 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: r. U `ti
Mike Freeman , Chairman
APPROVED AS TO FORM:
PC e/f/th.f,a.,
MAR 0 9 2020
Weld County Attorney
TOW F MEAD
By: .1
Colleen G. Whitlow, Mayor
APPROVED AS TO FORM:
By:
Marcus, McAskin, Town Attorney
6
ATTEST:
Mary E
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SCHEDULE A
The Weld County Sheriff shall only respond to emergencies and in -progress calls for
service.
7
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.
8
Mead Area January 2020 Crime Report Summary
ZZ ASSIST OUTSIDE AGENCY
01114/20 520 WELKER AVE; MEAD ELEM SCH, MEAD 20W001706 LOPEZ C
Occurred between 1600 hours through 1900 hours, in the Town of Mead, County of Weld, State of
Colorado. A report of a possible runaway juvenile who resides in unincorporated Weld County. Juvenile ran
away from Mead Elementary School. Juvenile was last seen on school bus. Juvenile located at Mead High
School by Mead PD. WCSO assisted Mead PD in performing an area check in Longview Estates
subdivision. Report is for informational purposes and to be forwarded to Mead PD_
U ASSIST OUTSIDE AGENCY
01/22/20 MM 247125 SB, MEAD 20W002782 PECK T
Larimer County Sheriffs Office requested assistance from WSCO to help stop a vehicle they deployed a
Star -Chaser on. Deputy was unable to deploy stop sticks but able observe one person behind the steering
wheel. Larimer County advised they later recovered their Star -Chaser and were recover latent fingerprints
from it. Report is for information only, forward to the Larimer County Sheriffs Office.
ZZ NARCOTICS VIOLATIONS
01/25120 MM 243125 NB, MEAD 20W003038 CANO A
On 01/25/2020, early morning hours, an area watch was conducted in Del Camino. Vehicle observed
without a rear license plate light. Traffic stop conducted and K9 Viper utilized during traffic stop. K9 Viper
alerted odor of narcotics coming from vehicle. Front passenger found with 101.7 Grams of
Methamphetamine. Adult arrest, case closed.
9
SCHEDULE C
1. Until further notice is received, the County Contact Person shall be:
Lieutenant Mike Knee
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
970-400-3939
mknee a(weldgov,com
2. Until further notice is received, Towns Agreement Monitor shall be:
Chief Brent Newbanks
Mead Police Department
537 Main Street
Mead, CO 80542
970-805-4193
bnewbanksntownofinead.org
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 patrol services performed.
11
Contract Form
New Contract Request
Entity Information
Entity Name*
MEAD, TOWN OF
Entity ID*
@00002444
Contract Name*
LAW ENFORCEMENT SERVICES AGREEMENT
Contract Status
CTB REVIEW
El New Entity?
Contract ID
3449
Contract Lead*
ACALDWELL
Contract Lead Email
acaldwell@co.weld.co.us;
skohlgraf@weldgov.com
Parent Contract ID
Requires Board Approval.
YES
Department Project #
Contract Description*
WCSO PATROL SERVICES PROVIDED BETWEEN HRS OF 12AM AND 4AM. BILLED MONTHLY AT $67.99 HRLY RATE PER
DEPUTY.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
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-
COUNTYATTORNEY@WELD
GOV.COM
Requested BOCC Agenda
Date*
03/11/2020
Due Date
03/07(2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
if this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Date
Effective Date Review Date * Renewal Date
10/01/2020
Termination Notice Period Committed Delivery Date Expiration Date*
12/31/2020
Contact Information
Contact Info
Contact Name
Purchasing,
Purchasing Approver
Approval Process
Department Head
DONNIE PATCH
OH Approved Date
03104/2020
Final Approval
®OCC Approved
ROCC Signed Date
ROCC Agenda Date
03/09/2020
Originator
SKOHLGRAF
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
03/05/2020
Tyler Ref #
AG 030920
Legal Counsel
BOB CHOATE
Contact Phone 2
Legal Counsel Approved Date
03/05/2020
Submit
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