HomeMy WebLinkAbout20180650.tiffCONTRACT AMENDMENT BETWEEN
THE BOARD OF WELD COUNTY COMMISSIONERS, THE WELD COUNTY SHERIFF'S OFFICE
AND THE TOWN OF MEAD FOR LAW ENFORCEMENT SERVICES.
7� �����,,�
This Amendment made and entered into - day ofl�'`'"`?by and between the Board of Weld County Commissioners, on
behalf of the Weld County Sheriff's Office, hereinafter referred to as the "WCSO", and the Town of Mead, hereinafter referred to as
the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the
Board of County Commissioners as document No. 2018-0650. approved on the 29th day of March, 2018.
WHEREAS the parties hereby agree to amend the Original Agreement in accordance with the terms of the Original
Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The current term of the Original Agreement will end on the 28th day of February 2019.
• The parties agree to extend the Original Agreement for an additional one year period, which will begin on the 1st day of
March, 2019, and will end on the 1n day of March. 2020.
• The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The
following change is hereby made to the Contract Documents:
Schedule C:
The County's Contact Person shall be: Lieutenant Josh Noonan, Weld County Sheriff's Office, 1950 O Street, Greeley, CO
80631. Telephone: 970-356-4015 extension 2819. Email: jnoonan@weldgov.com
The Town's Agreement Monitor shall be: Chief Brent Newbanks, Mead Police Department, 441 Third Street, Mead, CO
80542. Telephone: 970-805-4193. Email: bnewbanks@townofmead.org
Schedule D:
The hourly rate comprising the contract amount of this fiscal agreement shall be $ 64.36 per hour per Deputy for fiscal
year 2019, and $ 67.99 per hour per Deputy for fiscal year 2020 for patrol services performed.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written.
b&�C)C;
SSooa3-g
CONTRACT AMENDMENT BETWEEN
THE BOARD OF WELD COUNTY COMMISSIONERS, THE WELD COUNTY SHERIFF'S OFFICE
AND THE TOWN OF MEAD FOR LAW ENFORCEMENT SERVICES.
CONTRACTOR:
00 co 1' 11 or' ! ik c�^ rr
Prin d Name fi /
ie4/6 Vv
Signature
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
r
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORA 0
Barbara Kirkmeyer,
air
APPROV D AS TO - :STANCE:
CG2=
Steve Reams, Weld County Sheriff
9
ATTEST: ddr-Aft4) v• �C.�o��
Weld
2
RESOLUTION
RE: APPROVE AGREEMENT FOR LAW ENFORCEMENT SERVICES 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 an Agreement for Law Enforcement
Services 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 the full execution of signatures, and ending February 28, 2019, 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 Agreement for Law Enforcement Services 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 28th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLORADO
ATTEST: diavt) .dto•tr.
Steve Moreno, Chair
Weld County Clerk to the Board
rbara Kirkmeyer Pro-Tem
BY:
Deputy Clerko the
can P. Conway
APP
Ju ie A. Cozad
my Attorney
Mike Freeman
Date of signature: 03 -a9 - l8
cc• Soca0(0.0. Tow Pa Me.o.ci
04-04-t
2018-0650
SO0039
l?oibact ►D*U0gi
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: 2018 Law Enforcement Service Agreement — Town of Mead
DEPARTMENT: Weld County Sheriff's Office DATE: 02/16/18
PERSON REQUESTING: Captain Alan Caldwell, Weld County Sheriff's Office.
Brief description of the problem/issue:
On 02/09/18 the Mead Town Manager, Helen Michelbrink, met with the Sheriff and Captain Caldwell at the Sheriff's
Office. She explained that Mead was experiencing staffing and administrative difficulties with the Town's police
department and needed temporary law enforcement services from the Sheriff's Office to supplement the services being
provided by the Town. Ms. Michelbrink requested supplementary services for one year, starting on March 1S` 2018, and
hopes that reliance on such services will decrease as the staffing and administrative challenges are resolved. If approved,
the Agreement would end on February 28, 2019.
'l'he Sheriff's Office can provide indirect law enforcement services for emergencies and in progress calls when a Mead
officers are not on duty. District Deputies would respond to emergencies and calls that require the immediate
response by law enforcement personnel. Low priority, routine calls would be referred to the Mead PD for
service when a municipal officer is on duty. Deputies would not be exclusively assigned to the Town.
The Sheriff's Office can provide temporary indirect law enforcement services without a substantial impact to normal
operations. This can occur by providing indirect services during the times of low call volume. If approved, services
would be provided Monday — Sunday from 10:00 pm until 7:00 am (63 hours per week). The services would be billed at
the approved contract rate: $62.19 per hour for fiscal year 2018, and $64.36 per hour for fiscal year 2019.
Attached is an Agreement that was provided to the Town. Such agreement was reviewed by Weld County
Attorney Frank Haug and the Mead Town Attorney. Ms. Michelbrink will be presenting the Agreement to the
Mead Town Board on February 26tH
If the BOCC approves, the Sheriff's Office requests that the Agreement be placed in consent agenda on
02/28/18 if possible.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Approve the Agreement. This would permit the Sheriff's Office to provide indirect law enforcement services to the Town
of Mead.
Not approve the Agreement. This would cause the Town of Mead to seek other options.
Recommendation:
Approve the Agreement.
2018-0650
3Na 9
Approve
Recommendation
Steve Moreno, Chair
Mike Freeman
Sean P. Conway
Julie Cozad
Barbara Kirkmeyer
Schedule
Work Session
Other/Comments:
Weld County Sheriff's Office
Captain Alan Caldwell
1950 "O" Street
Greeley, CO 80631
February 27, 2018
RE: Law Enforcement Service Agreement
Agreement for Municipal Jail Services
Dear Captain Caldwell,
Enclosed please find two originals of both of the above referenced agreement. Both
agreements have been accepted and executed by the Town of Mead. Please have the
originals executed and return one of each to me at:
Town of Mead
Attn: Mary Strutt, Town Clerk
P.O. Box 626
Mead, CO 80542
Thank you,
Mary L. Strutt, CMC
Town Clerk
mstrutt@townofmead.org
97-805-4182
Enclosures:
Law Enforcement Service Agreement (2)
Agreement for Municipal Jail Services (2)
Town of Mead • 441 Third Street • P. O. Box 626 • Mead, Colorado 80542-0626 • 970-535-4477 • www.townofmead.org
LAW ENFORCEMENT SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of February, 2018 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 441 3RD STREET, P.O. BOX 626, 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 fmancial 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
4.2e/t- .0657)6)
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 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 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.
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 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.
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 HRS ON FEBRUARY 28, 2019, 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 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,
4
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.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
5
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 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
APPROVED AS TO FORM:
Weld County Attorney
TOWN OF MEAD
By:
Q Gary R. Shields, Mayor
6
ATTEST: dirAtili ' i•
ATTEST:
.�N zfl,o
// . 1C
By: aAA
Mary E Stryr , CMC,T G erk Q-;
O�
LINTY, G, •` °•
lIiiniii""O
ozog- e)leci0
APP D AS TO FORM:
By:
Town Attorney
7
SCHEDULE 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 Josh Noonan
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
970-356-4015, ext. 2819
2. Until further notice is received, Towns Agreement Monitor shall be:
Ms. Helen Migchelbrink
Town Manager
441 Third Street
Mead, CO 80542
970-218-1409
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
$62.19 per hour per Deputy for fiscal year 2018, and $64.36 per hour per Deputy for
fiscal year 2019 for patrol services performed.
11
Hello