HomeMy WebLinkAbout20092906.tiffRESOLUTION
RE: APPROVE LAW ENFORCEMENT SPECIAL DUTY AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - RITCHIE BROTHERS
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 Special Duty 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 Ritchie Brothers,
commencing upon full execution, and ending December 31, 2010, with further terms and conditions
being as stated in said agreement, and
WHEREAS, at a hearing on October 5, 2009, the Board deemed it advisable to continue the
matter to October 7, 2009, to allow a representative from the Sheriffs Office to be present in order to
address the questions presented by the Board, and
WHEREAS, at said hearing on October 7, 2009, after review, the Board deemed it advisable
to continue the matter to November 4, 2009, in order to allow time for staff to research the answers
to the questions posed by the Board.
WHEREAS, at said hearing on November 4, 2009, 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 Special Duty 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 Ritchie Brothers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2009-2906
SO0030
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LAW ENFORCEMENT SPECIAL DUTY AGREEMENT - RITCHIE BROTHERS
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of November, A.D., 2009.
ATTEST: k(
Weld County Clerk to the Board':,
lyte.
BY:I ;SGuet'h1:(
Deputy Clerk o the oard
J
BOARD OF COUNTY COMMISSIONERS
ELD , '.mot TY, COLORADO
AP
M.
_XCn y Attorney
Date of signature: &)
Warn F. Garcia, Chair
Doug -s Radem. her, Pro -Tern
EXCUSED
Sean -P. Conway
ara Kirkmeyer
David E. Long
2009-2906
SO0030
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LAW ENFORCEMENT SPECIAL DUTY AGREEMENT
THIS AGREEMENT, made and entered into this c . day of Alt/ , 20 09 , by and
between the COUNTY OF WELD, STATE OF COLORADO, -en behalf of JOHN COOKE,
WELD COUNTY SHERIFF, by and through the Board of County Commissioners of Weld
County, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter collectively
referred to as "County", and RITCHIE BROTHERS, whose address is 4444 RITCHIE
DRIVE, LONGMONT CO 80504, hereinafter referred to as "Contractor."
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WHEREAS, Contractor is desirous of entering into an Agreement with the County for the
performance of special duty law enforcement services (hereinafter referred to as "special duty
services") which are in addition to the regular law enforcement services provided by the Weld
County Sheriff on an "as needed" basis for special events held, sponsored, or coordinated by
Contractor, and
WHEREAS, County is willing to render such special duty services in accordance with the
terms and conditions set forth in this Agreement, and
WHEREAS, this Agreement is authorized by Section 30-11-101(1)(d), C.R.S., and the
Weld County Home Rule Charter, Section 3-8(4)(m).
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and
promises contained herein, the parties hereto agree as follows:
I. SERVICES PROVIDED BY COUNTY
A. Terms and Conditions of Special Duty Services.
The Weld County Sheriff shall provide special duty services to Contractor
on an "as needed" basis, as determined by Contractor, according to the
following terms and conditions:
1. Notice to County Contract Person. Upon notice by Contractor to
the "County Contact Person" (as defined in Section I, C., below),
in accordance with the conditions set forth in Section II., tt.,of this
Agreement, of Contractor's need for special duty 'serves, :.43,,,e7:
County Contact Person shall determine the number kW spe aal d;; fi "
deputies to assign to the event. The County Cont t Persw1 sb4
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also Cdetermine, in his sole discretion, which Weld untySher fe
Office personnel to assign to the event and what their reEpece
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2. "Special Duty Services" Defined. "Special duty services" shall
encompass only those duties and functions of a peace officer, as
defined by Colorado statutes, and/or by the commission granted by
the Weld County Sheriff to the assigned deputy (ies). The
assigned deputy (ies) shall be responsible only for the enforcement
of applicable laws of Weld County and the State of Colorado
during the event for which law enforcement services are requested
pursuant to the Agreement. The assigned deputy (ies)' authority
shall not extend to enforcement of rules and regulations made by
Contractor, except to the extent that such rules and regulations
require conduct in compliance with such ordinances and laws.
3. Communication with Contractor Contact Person. Upon arrival at
the event, the assigned deputy (ies) shall contact the Contractor
Contact Person or the designated on -site official in charge of the
event to verify the commencement of special duty services and to
be informed of any circumstances of which the assigned deputy
(ies) should be made aware prior to the commencement of the
services. At the completion of the event assignment, the assigned
deputy (ies) shall contact the Contractor Contact Person or the
designated on -site official in charge of the event to verify the
termination of services and to confirm the total time of special duty
deputy services rendered for the event.
B. Labor and Equipment.
The County shall furnish all labor, supervision, training, equipment,
communications facilities for dispatch, and all supplies necessary for the
provision of the special duty services to Contractor contemplated by this
Agreement and as requested by Contractor. Contractor shall not be liable
for the direct payment of salaries. wages, or other compensation to the
assigned deputy (ies) performing such services. County shall provide the
necessary worker's compensation coverage and unemployment
compensation coverage for the assigned deputy(ies).
Page 2 of 10
The standards and procedures for performance of the terms of this
Agreement, the discipline of the assigned deputy (ies) 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
Weld County Sheriff and not in the Contractor, its officers and agents.
Generally, performance standards, procedures, and discipline for those
deputies shall be consistent with the performance standards, procedures,
and discipline required of deputies providing service in unincorporated
areas of Weld County.
C. County Contact Person.
The Sheriff or his designee shall act as the County Contact Person for
purposes of the administration of this Agreement. Until and unless further
notice is received, the County Contact Person shall be the individual
named in Schedule A attached hereto and incorporated herein by
reference. Any change in the County Contact Person shall be effective
upon written notice to the Contractor Contact Person referenced in Section
II. C., of this Agreement. The County Contact Person and the Contractor
Contact Person shall work toward the common purpose of enhancing the
effectiveness of the special duty deputy services. It is understood that the
Contractor Contact Person will forward all complaints or concerns from
the Contractor in relation to this Agreement to the County Contact Person.
The County Contact Person will make all reasonable efforts to respond to
complaints and/or concerns and to take prompt action to address the same.
II. REQUIREMENTS OF CONTRACTOR
A. Notification of Need for Special Duty Services.
Contractor shall notify County Contact Person of the need for special duty
services at least fifteen (15) days prior to the occurrence of the event
requiring such services. The notice shall provide the date, time, and place
where the event will be held; a description of the event and the number of
persons expected to attend; and the identification of any special areas of
concern which may affect the extent or nature of special duty services to
be provided. In addition, the notice shall specify who will be the on -site
official in charge of the event.
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B. Cooperation with Assigned Deputy(ies).
Contractor's designated on -site official and any other Contractor
employees and/or agents attending the event shall cooperate with the
assigned deputy(ies), including, but not limited to, the signing of
complaints or serving as witnesses in applicable circumstances.
C. Contractor Contact Person.
In order to administer this Agreement effectively, Contractor shall
designate a Contact Person. Until further notice is received, the
Contractor Contact Person shall be the individual named in the attached
Schedule A. Any change in the Contractor Contact Person shall be
effective upon ten (10) days advance written notice to the County Contact
Person. The Contractor's Contact Person and the County Contact Person
shall work toward the common purpose of enhancing the effectiveness of
the special duty deputy services. The Contractor Contact Person shall
forward all complaints or concerns from the Contractor in relation to this
Agreement to the County Contact Person. The County Contact Person
will make all reasonable efforts to respond to such complaints and/or
concerns and to take prompt action to address the same.
III. 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 DECEMBER 31, 2010, and shall be renewed
automatically on a year-to-year basis thereafter unless sooner terminated by either
party pursuant to the provisions of Section IV., "TERMINATION", of this
Agreement. Any renewal of this Agreement shall be subject to changes in the
hourly rate schedule as provided by the Weld County Sheriffs Office, which is set
forth in the attached Schedule C.
IV. TERMINATION
This Agreement may be unilaterally terminated by either party with or without
cause by sixty (60) days written notice delivered to the other party in accordance
with Section VI., "NOTICES", of this Agreement.
Page 4 of 10
V. COST AND REIMBURSEMENT
A. Contract Amount.
Except as otherwise provided in this Agreement, all services rendered to
Contractor by County pursuant to the terms of this Agreement shall be
billed to Contractor at the rate set forth in the attached Schedule C.
B. Billing Dates.
Within ten (10) days following the last day of any calendar month in
which special duty services were provided by County pursuant to this
Agreement, the Weld County Sheriff will provide a written billing
statement to Contractor. Said billing statement shall set forth the date(s),
amounts of time spent, and billing rate for such services during that
month. Contractor agrees to pay each such statement within forty-five
(45) days following the month for which these services are billed. If
payment from Contractor is not received within said forty-five (45) days,
the Sheriff may, in his discretion, terminate all services under this
Agreement. Written notice of this immediate termination shall be
provided by the Sheriff to the Contractor (and to the Board of Weld
County Commissioners) in accordance with the notice requirements of
Section VI. of this Agreement.
VI. 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, at the addresses listed in the attached Schedule B, 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
will be used in all instances, except for emergency situations when immediate
notification may be provided to the Contractor Contact Person or the County
Contact Person.
VII. RESPONSIBILITY FOR LEGAL PROCEEDINGS
The Contractor shall be responsible for defending itself and its officers and
employees in any civil action brought against the Contractor and its officers and
employees by any person claiming injury and damages as a result of the
performance of this Agreement. Likewise, County shall be responsible for
defending itself and its officers and employees in any civil action brought against
the County and its officers and employees by any person claiming injury and
damages as a result of the performance of this Agreement. The Contractor and its
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officers and employees shall not be deemed to assume any liability for intentional
or negligent acts, errors, or omissions of the County, or any officer or employee
thereof, arising out of the performance of this Agreement. Likewise, the County
and its officers and employees shall not be deemed to assume any liability for
intentional or negligent acts, errors or omissions of the Contractor or any officer
or employee thereof, arising out of the performance of the terms of this
Agreement.
VIII. NO THIRD PARTY BENEFICIARY 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 Contractor and the County, 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 Contractor and
County that any entity other than the Contractor or the County 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.
IX. 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, novation, 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 so waived or
consented. Any consent by any party to, or waiver of, a breach by the other,
whether express or implied, shall not constitute a consent, waiver of, or excuse for
any other different or subsequent breach.
XI. 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.
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ATTEST:
CLERK TO THE BOA
OF COUNTY COMMISS
By: /Vit,
Deputy Cle
COUNTY OF WELD, STATE OF COLORADO,
ON BEHALF OF JOHN COOKE,
WELD COUNTY SHERIFF,
BY AND THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY,
COLORADO
,r 0
-ei L By:
APPROVEDAS TO FORM:
By.'
�ktice T. Barker,
Weld County Attorney
teki
William Garcia, Chairman
APPROVED AS TO SUBSTANCE -
1)
By: � L%
Jo .' ooke, Weld County
She iff
NOV 0 4 2009
ntc t Op ei«S
SUBSCRIBED AND SWORN to before me this (9 day of _ EL
2009.
WITNESS my hand and official seal.
DEBORAH A. SUTTON
NOTARY PUBLIC
STATE .7F COLORADO
Notary Public
My commission expires:
Os/ 6j J1)/3
Page 7 of 10
•
SCHEDULE A
1. Until further notice is received, the County Contact Person shall be:
Commander Alan Caldwell
Weld County Sheriff's Office
1950 "O" Street
Greeley, Colorado 80631
970-356-4015 x 2808
acaldwell@co.wcld.co.us
2. Until further notice is received, the Contractor Contact Person shall be:
'LI I -'I roc M J 6,'w�r�cy-�^.
l 1,-,,cts PAY C p 7YCCJ1-0-- -
114/M Q, IcJ, o
Co VO z)I
Page 8 of 10
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SCHEDULE B
1. Any notice to County provided for in this Agreement shall be sent to:
Commander Alan Caldwell
Weld County Sheriffs Office
1950 "O" Street
Greeley, Colorado 80631
970-356-4015 x 2808
acaldwell@co.weld.co.us
2. Any notice to Contractor provided for in this Agreement shall be sent to:
1/4/1/1/ i c ti: e L).,-
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Page 9 of 10
Y •
SCHEDULE C
1. The hourly rate comprising the contract amount of this Agreement shall be $ 51.00 per
hour per deputy assigned to the event. This rate shall be subject to revision in future
years, but shall be required to recover the actual costs incurred by the Sheriff in providing
the services contemplated in this Agreement.
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