HomeMy WebLinkAbout20154047.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - TOWN OF HUDSON
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 Weld County Sheriff's Office, and the Town of
Hudson, commencing January 1, 2016, and to and until December 31, 2016, 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 Weld County Sheriff's Office, and the Town of Hudson 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 December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, C LORADO
ATTEST: .) �'° Jell"
Barbara Kirkmey r, Chair
Weld County lerk t• the Board
1. ke Freeman, Pro-Tern
BY: . //� i.. I �i 4
Depu y Clerk to the Board % SED
.
a . Conway
, aA. . _O D RM:
• '� . ; ,�r►' `, A. Cozad
Coun y Attorney
Steve Moreno
Date of signature: I/90 <<o
I/
GO O2,
2015-4047
SO0036
LAW ENFORCEMENT SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this 01 day ofJanuarv,2016 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, 1950"O"Street,Greeley,CO 80631, hereinafter referred
to as"the Sheriff,"and the TOWN OF HUDSON whose address is 557 Ash Street, PO Box 351 Hudson CO
80642, 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 town marshal 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 for services of a town marshal, 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. Indirect Patrol Services. Indirect Patrol Services may be referred to as"Indirect
Services"in this Agreement.
i. Indirect Services shall consist of the following: Sheriff shall provide to Town
patrol services at such times that are not scheduled pursuant to Paragraph 1.a.i.,
2015-4047 (0)
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above, which may include,but not be limited to,business checks,responding to
activated alarms, and the initial response to traffic accidents. Sheriff will also
respond to calls concerning all types of crimes or alleged crimes within the Town
which are dispatched to the Sheriff for response. Indirect services also include
time incurred by any Sheriffs Deputy for appearances or testimony required by
Town for any Municipal, County, or District Court proceeding or the
investigation and prosecution of any case where such Deputy is not performing
scheduled Direct Services(see Paragraphs D.2, D.3, and D.4 below) . Town
shall be responsible for payment for any such Indirect Services thus rendered,
pursuant to the terms of this Agreement.
ii. Indirect Services are provided on call as needed or dispatched. Calls will be
dispatched according to the priority schedule utilized by the Weld County
Regional Communications Center.
iii. The cost for Indirect Services shall be the hourly rate set forth in Schedule D.
iv. If Town secures its own Law Enforcement official with arrest powers,the only
service that will be provided is emergency and in progress call responses.
Sheriff's Deputy will contact the on-call Law Enforcement Official to take over
the call, if such call becomes criminal. Response to emergency and in progress
calls shall be billed at the hourly rate set forth in schedule D.
b. Town Marshal Services. Sheriff shall provide to Town,within its corporate limits,
either as a part of Direct or Indirect Services provided, the correlative law
enforcement services of"Town Marshal,"as authorized by Section 31-4-306 C.R.S.,
and as hereinafter limited or expanded by this Agreement. Such services shall
hereafter be referenced as"Town Marshal Services." Specifically, so long as Town
has an established Municipal Court, during the term of this Agreement, any Deputy or
Deputies designated by Sheriff to act pursuant to this Agreement will also act as
Town Marshal for Town, and will enforce the duly enacted Town ordinance sections
listed in Schedule A, attached hereto and incorporated herein by reference. The
parties acknowledge that Sheriff's Deputies are authorized to write offenses into the
Town's Municipal Court only so long as this Agreement is in effect. Town shall
provide Sheriff with any and all amendments to the Town Ordinance sections
designated on Schedule A immediately upon their enactment by Town. However,the
Sheriff's Deputies shall not enforce the Town Ordinance section violations designated
in Schedule A which carry penalties more severe than a petty offense as defined at
Section 18-1.3-503 CRS. Such more serious offenses shall be enforced by the Sheriff
Deputies through the corresponding Colorado State Statutes in the County and
District Courts of Weld County.
c. Exceptions to Service. Sheriff shall not impound, contain, or transport animals-at-
large, enforce animal-at-large ordinances of the Town, enforce any violations of
rubbish or zoning ordinances, or collect trash dumped or deposited in violation of the
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Town Ordinances in the absence of a separate written agreement for such services.
2. Labor and Equipment. Except as described in Paragraph B.4. below, 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,the performance standards,policies,and
procedures applicable to Deputies, 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 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.
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B. SERVICES TO BE PROVIDED BY THE TOWN:
1. Municipal Court. The Town acknowledges that the Sheriff's enforcement of the Town
ordinances attached to this Agreement in Schedule A is conditioned upon the Town
establishing and maintaining a municipal court pursuant to the applicable provisions of
the Town ordinances,the Town charter(if applicable),the Constitution and laws of the
State of Colorado, and of the Constitution of the United States.
2. Town Facilities. The Town agrees to provide at no cost to Sheriff liberal access to Town
Hall facilities for administrative use such as interviews and completion of reports.
3. 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.
4. Equipment and Supplies. The Town, at its sole cost, shall provide and maintain the
following items for use by any Deputy providing services pursuant to this Agreement:
a. Administrative supplies specific to the Town, such as forms, summons books, maps,
etc.
b. A telephone landline.
The Town in its own discretion may provide a cell phone at the Town's sole expense
for use by any Deputy providing Direct Services.
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)0) and (k),
C.R.S., as amended.
2. Ordinance Fines. Any and all fmes collected as a result of violations of the Town
Ordinances shall be paid to the Town for uses to be determined by the Town.
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3. 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 31,2016, and shall be renewed
automatically on a year-by-year basis thereafter 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. This Agreement shall be reviewed for renewal by both parties on or
about October 1'of each year. Any renewal of this Agreement shall be subject to
changes in the Direct Services and Indirect Services rates as provided by the Sheriffs
Office and in the maximum contract amount,which are set forth in Schedule D attached
hereto and incorporated herein by reference. Sheriff agrees to notify Town of any
expected changes in said rate schedule at least ninety(90)days prior to the annual
renewal date hereof, and such notification shall automatically serve as amendment to
Schedule D without the requirement of further formal action. The final version of
Schedule D for the new year shall be provided by the Sheriff to both parties.
4. 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 Direct Services
and Indirect Services rendered to the Town by the Sheriff pursuant to the terms of this
Agreement shall be billed to the Town at the Direct Services Rate and/or the Indirect
Services per hour rate specified in Schedule D, which rate shall reimburse Sheriff 100%
of all costs incurred as a result of Sheriff providing Direct and Indirect Services pursuant
to this Agreement. If a Deputy assigned to provide Direct Service is unavailable pursuant
to a county leave benefit, the Town shall continue to be responsible for the full amount
under the contract. The Sheriff will have no obligation to provide another Deputy to
perform Direct Services in the event one of the assigned deputies is absent due to a
county leave benefit. The Town may set forth on Schedule D a maximum amount the
Town has authorized for the term of this Agreement for payment for services provided
pursuant to this Agreement. If the maximum amount set forth on Schedule D for
payment of services is billed prior to the expiration of the term of this Agreement,unless
an amendment to this Agreement authorizing an additional amount for the payment of the
services described herein is entered into by both parties,the Sheriff shall no longer be
obligated to provide such services. In that case,the Sheriff would then provide only such
services to the Town which the Sheriff would normally otherwise provide in the
enforcement of Colorado statutes.
2. Municipal Court Appearances. The Town shall reimburse the Sheriff for any required
Municipal Court appearances by Sheriffs Deputies who are not performing scheduled
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Direct Services. 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 reimburse
appearances by Sheriff's Deputies in Weld County Court or Weld District Court in those
cases where the alleged violation occurred within the incorporated limits of the Town and
where such Deputies are not performing scheduled Direct Services.
4. Investigation and Prosecution Expenses. Town shall be required to reimburse Sheriff
only for time and expenses incurred by the initial responding Deputy associated with the
investigation and prosecution of violations of Colorado Statutes,where such Deputy is
not performing scheduled Direct Services. There shall be no charge for any time or
expenses incurred by any additional 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 associated with
each Deputy conducting an investigation of Town ordinance violations and
administrative investigations, including, but not limited to,liquor licensing hearings,
where each such Deputy is not performing scheduled Direct Services. 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. Bills will be created at the first of every month and will be due within 30
days.
a. Direct Services Billing. The cost for Direct Services,as described in Schedule D,
shall be billed in equal increments over the term of this Agreement while the Sheriff's
Office has a Deputy, or Deputies, on staff specifically designated for the Town.
Billing will be prorated for times when the Sheriff's office does not have a Deputy, or
Deputies, on staff specifically designated for the Town.
b. Indirect Services Billing. The billing statement shall identify the dates and times
when Indirect Services were provided and the case/incident number if available.
Indirect service will be billed with the direct billing service the month after the
indirect service was performed.
6. Payment Dates. The Town hereby agrees to pay each statement within thirty(30) days.
If payment from the Town is not received by the thirtieth(30th) 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.
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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 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
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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.
13. Employment Status and relationship of parties. All Deputies providing services pursuant
to this Agreement shall at all times be considered an employee of Weld County and shall
maintain the status of independent contractor with respect to the Town. All Deputies will
be exclusively subject at all times during the performance of this Agreement to the
ordinances,policies,procedures,rules, regulations,directives, and orders of Weld County
and the Weld County Sheriff's Office. All Deputies providing services pursuant to this
Agreement shall be supervised exclusively by the Weld County Sheriffs Office
Furthermore, it is mutually agreed and understood that nothing contained in this
Agreement is intended,nor shall be construed in any way,to establish the relationship of
co-partners or a joint venture between the Parties. It shall also not be construed that the
Town, including its officers, agents, volunteers and employees, are employees or agents
of Weld County or the Weld County Sheriffs Office. The Town shall not represent that
any Deputy providing services is an employee or agent of the Town.
14.Non-Waiver OF Governmental Immunity. Nothing in this Agreement shall be construed
as a waiver by either of the Parties of the immunity provided by common law or by
statue, specifically including the Colorado Governmental Immunity Act, Section 24-10-
101. et.seq. C.R.S., as currently exists or hereafter amended.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
16. Compliance with Law. Contract Professional shall strictly comply with all applicable
federal and state laws,rules and regulations in effect or hereafter established.
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IN WITNESS WHEREOF,the parties hereto have set their hands and seals.
COUNTY OF WELD AND THE WELD COUNTY ATTEST: d. 1Weidid4k,
Weld my Clerk to the Board
SHERIFF,BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY,COLORADO By: //IA")
Deputy C rk to th oard
) lid )\ APPROVED AS TO FUNDING:
Barbara Ki eyer, air �`
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APPROVED AS TO FORM: Con oiler Vie%.%a- "NN
Weld County Attorney Weld County Sheri
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TOWN OF HUDSON �O A I hST: 0
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1 ,Mayor `Q Q� own Clerk
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APPROVED AS TO FORM:
By: Cf
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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.
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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.
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SCHEDULE C
1. Until further notice is received,the County Contact Person shall be:
Lieutenant Todd Deutsch
Weld County Sheriff's Office
1950 O Street
Greeley,CO 80631
970-356-4015,ext. 2837
2. Until further notice is received, Towns Agreement Monitor shall be:
Joe Racine
Town Administrator
Town of Hudson
557 Ash Street,PO Box 351
Hudson CO 80642
303-536-9311
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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
$58.33 per hour per Deputy for Indirect Services performed.
2. The maximum amount to be billed to the Town by the Sheriff for Indirect services shall
be$25,000 for the fiscal year 2016. If the maximum amount is billed prior to the
expiration of the term of this Agreement, unless an amendment to this Agreement
authorizing an additional amount for the payment of the services described herein is
entered into by both parties,the Sheriff shall no longer be obligated to provide such
services. In that case,the Sheriff would then provide only such services to the Town
which the Sheriff would normally otherwise provide in the enforcement of Colorado
statutes.
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