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Home My WebLink About20183452.tiffRESOLUTION RE: APPROVE LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN OF SEVERANCE 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 Severance, commencing upon full execution of signatures, and ending December 31, 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 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 Severance, 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 29th day of October, A.D., 2018. ATTEST: dithio yk %� Weld County Clerk to the Board BY / 11•.2, . R eputy Clerk to the Board APPR ounty Attorney Date of signature: 1.1-14-18 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO o LzTh• "Lc Steve Moreno, Chair bara Kirkmeyer, Seams Conway /tit( ulie A. Cozad Mike Freeman o-Tem C cc,: Soc3O(o c) +aiiOi l' 2018-3452 SO0039 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Requesting Signature of Severance Indirect Services contract services for CY2019. DEPARTMENT: Sheriffs Office DATE: 10/11/2018 PERSON REQUESTING: Jennifer Oftelie, SO Budget Manager Brief description of the problem/issue: In February 2018, the Sheriffs Office recommended a contract service rate for the 2019 calendar year that was approved via pass around. The hourly rate per deputy breaks down to $64.36 and reflects the actual cost of a Patrol deputy to include training, vehicles and operating expenses. With the reduction of agencies requesting contract services, Severance has brought up that they wish to start their own police department in 2019. However, Severance has requested assistance while they hire and train their staff. The attached contract reflects the approved contract rate and will be only on an as -needed basis. The contract is not to exceed 2,359 hours (or $151,825.24) for all of 2019. In support of the Board's request to remove municipal contract services, this is the most cost-effective way of helping the agency move into self-sufficiency and still recoup some of the associated costs to the Sheriffs Office and County. The contract has been reviewed by the County Attorney's Office, and is in OnBase under #2186. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1) Authorize Chair to sign the Indirect Services contract and receive contract services revenue. 2) Request more information and schedule a work. session. 3) Deny the contract and refuse the revenue from Severance. Recommendation: We recommend the Board of County Commissioners sign the contract to receive Indirect Services contract revenue from Severance for 2019. Thank you. Approve Recommendation Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair Schedule Work Session Other/Comments: 2018-3452 8X20c5 LAW ENFORCEMENT SERVICE AGREEMENT THIS AGREEMENT is made and entered into thisp2 day of , 20 / 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 Severance whose address is 3 South Timber Ridge Parkway, Severance, CO 80546, 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 O.(9/Y 4.2- 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 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 Sheriffs 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, perfotinance 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 DECEMBER 31, 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 Sheriffs 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 Sheriffs deputies in 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 By: TOWN OF SEVERANCE By , Chai Occt(c) M. Mil. ec d 0 , Mayor 6 TTEST: 11111Deputy erk o the tipt By: k Se vet. See /vn ca -- s bsime incorporated 1920 Severance, Colorado ATTEST: Clerk doie- 346421t) APPRO\ED AS TO,O By: own 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 Sheriff's Office 1950 O Street Greeley, CO 80631 970-356-4015, ext. 2819 2. Until further notice is received, Towns Agreement Monitor shall be: Mr. Nicholas Wharton Town Administrator 3 South Timber Ridge Parkway Severance, CO 80550 970-686-1218 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 $64.36 per hour per Deputy for fiscal year 2019 for patrol services performed. 11 Hello