HomeMy WebLinkAbout20060911.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF FIRING RANGE AND AUTHORIZE CHAIR TO
SIGN - SECURITAS SECURITY SERVICES USA, INC.
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 Use of Firing Range
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 Sheriffs Office, and Securitas
Security Services USA, Inc.,commencing upon full execution,and ending December 31,2006,with
automatic renewal from year to year until December 31, 2009, unless sooner terminated, 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 Use of Firing Range 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 Sheriffs Office, and Securitas Security Services USA, Inc., 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 March,A.D., 2006.
BOARD OF C!UNTY COMMISSIONERS
Elsa ELD COU , COLORADO
ATTEST: line �t` �CIw
J. eile, Chair
Weld County Clerk to the =
♦, r ` XCUSED
f /� 1
BY.� itl1,l� '1 1 • David E. Long, Pro-Tem
D uty Clerk to the Boar.
am H. Jerke
AP O DASTOF
Robed 0.. Masde
n Attorney u"/ a
Date of signature:
/310(4 Glenn Vaad—
2006-0911
SO0027
(v( • 50 (0)
AGREEMENT FOR THE USE OF THE
FIRING RANGE
THIS AGREEMENT made and entered into this „f day offlhu4, 2006, by and
between the WELD COUNTY SHERIFF'S OFFICE, WHO ADDRESS IN 915 10TH St.,
Greeley, Colorado 80631, hereinafter referred to as "Sheriff' and SECURITAS
SECURITY SERVICES USA, NC, acting in its capacity as Security Contractor for
CHM2 Washington Group LLC at the Fort St. Vrain Spent Fuel Storage Facility, whose
address is 17122 Weld County Rd. 19 'h, Platteville, Colorado 80651, hereinafter referred
to as "Securitas" or"Contractor".
WHEREAS, Securitas is desirous of entering into an Agreement with Sheriff for use of
the Wilbur B. Ross Firing Range, hereinafter referred to as "Firing Range", at such times
as agreed upon between the parties, for special events held, sponsored, or coordinated by
Contractor, and
WHEREAS, Sheriff is willing to render such use 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 TO BE PROVIDED BY SHERIFF
A. Terms and Conditions of use of Firing Range. Sheriff agrees to provide use of
Firing Range to Securitas according to the following terms and conditions:
1. Sheriff Contact Person. The Weld County Sheriff or his designee shall act as
the Sheriff Contact Person for purposes of the administration if this
Agreement. Until and unless further notice is received, the Sheriff Contact
Person shall be the individual named in Schedule A 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 Contractor.
2. Request for Use of the Firing Range. Contractor shall provide written notice
to the Sheriff Contact Person pursuant to the terms and conditions set forth in
this Agreement, of Contractor's need to use the Firing Range. Sheriff Contact
Person will then determine the availability of the Firing Range on the
requested date and time.
3. Labor and Equipment. Sheriff shall furnish all labor, supervision, and any
equipment deemed by Sheriff to be necessary for Contractor to use the Firing
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2006-0911
Range. Sheriff, as Sheriff's sole discretion, shall designate the personnel
assigned to the Firing Range during its use by Contractor.
4. Contractor's use of Firing Range. Prior to commencement of use of the Firing
Range, Contractor shall notify the Sheriff Contact Person of any
circumstances of which the Sheriff's personnel should be aware. The
commencement and completion times for Contractor's use of the Firing Range
shall be verified by Contractor with the Sheriff Contact Person immediately
upon completion of use.
5. Standards and Procedures. Sheriff shall provide Contractor with the standards
and procedures for use of the Firing Range, and shall ensure that Contractor
adheres to such standards and procedures at all times. If the Sheriff believes
that such standards and procedures are not being adhered to, Sheriff Personnel
may immediately terminate the particular scheduled use of the Firing Range
by Contractor.
6. Removal of Individuals from Certain Areas. Sheriff shall have the right, in its
sole discretion, to request the removal of any individual from the Firing Range
and its premises. Any individual so requested shall promptly and without
protest leave the Firing Range when requested to do so by an authorized
Sheriff employee. Sheriff shall notify Contractor of such request as soon as
practical.
7. Concerns Regarding Performance. Sheriff shall communicate with Contractor
concerning any problems that might arise due to an individual's performance
at the Firing Range. Sheriff Contact Person and Contractor Contact Person
shall work together to resolve any such issues.
8. Cancellations. Sheriff will notify Contractor no less than three (3) days prior
to cancellation if the Sheriff must cancel a previously scheduled use of the
Firing Range.
II. CONTRACTOR RESPONSIBILITIES
A. When Contractor desires to use the Firing Range, Contractor shall be responsible
for the following:
1. Contractor Contact Person. Contractor shall designate a Contractor Contact
Person, who, until further notice is received, shall be the individual named in
attachment A. any change in the Contractor Contact Person shall be effective
upon ten (10) days advanced written notice to the Sheriff
2. Request for Use of Firing Range. Contractor shall notify Sheriff Contact
Person in writing of the desire to use the Firing Range as far in advance as
possible, but in no case less than ten(10) days prior to the occurrence of the
event requiring such use. The notice shall provide the date, time and
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description of the event; and the identification of any special areas of concern
which may affect the extent or nature of the use of the Firing Range. In
addition, the notice shall specify who will be the onsite Contact Person during
the Firing Range use.
3. Cooperation with Sheriff Standards. Contractor's designated onsite Contact
Person and any other Contractor employees or agents attending or
participating in the Firing Range use shall cooperate with, and comply with
any directive given by, Sheriffs employees or agents. Contractor and
Contractor's employees and agents shall adhere to the rules, regulations,
procedures and standards of Sheriff.
4. No Third Party Use. Contractor will permit only employees or agents to
participate in the use of the Firing Range.
5. Concerns of Contractor. Contractor Contact Person will forward all
complaints or concerns regarding the use of the Firing Range or related to this
Agreement to the Sheriff Contact Person. The Sheriff Contact Person will
make all reasonable efforts to timely and appropriately respond to complaints
and/or concerns.
6. Cancellations. Contractor must notify Sheriff no less than three (3) days prior
to cancellation of a previously scheduled use of the Firing Range.
B. Contractor agrees to pay for damages for which contractor is legally liable in
connection with Contractor's use of Firing Range.
III. FINANCIAL PROVISIONS
A. Compensation. Contractor agrees to pay Sheriff a fee of$3,000.00 per year for no
more than twelve (12) scheduled uses. If Contractor desires to schedule additional
uses if the Firing Range, Contractor agrees to pay for each scheduled use at a rate
of$250.00 per use. Contractor shall make payment to Sheriff within thirty(3)
days upon receipt of invoice.
B. Liability Insurance. Contractor shall maintain liability insurance coverage or
financial responsibility acceptable to Sheriff as assurance of its accountability for
any such losses, claims, liabilities, or expenses.
Sheriff shall maintain liability insurance coverage or financial responsibility
acceptable to Sheriff as assurance of its accountability for any such losses, claims,
liabilities, or expenses.
C. Worker's Compensation. Each party shall maintain Worker's Compensation
Insurance coverage, to the extent such coverage is required, for all employees or
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agents who may be present in any capacity during Contractor's use of the Firing
Range.
D. Insurance Information. Upon request, each party shall provide to the other party
information regarding relevant insurance and/or financial responsibility pursuant
to this Agreement. In the event that the insurance coverage for that party is
cancelled in whole or in part or is no longer available, either party may elect to
immediately terminate this Agreement in whole or in part. If this Agreement is so
terminated, the terminating party must give notice of such termination to the other
party as hereinafter set forth, within three (3) days after termination.
IV. 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, 2006, and shall automatically renew from year to year until
December 31, 2009, unless sooner terminated pursuant to the terms and conditions set
forth in this Agreement.
V. TERMINATION
This Agreement may be unilaterally terminated by either party with or without cause
by written notice between the Sheriff Contact Person and the Contractor Contact
Person with thirty(30) days advanced notice.
VI.PARTIES RELATIONSHIP
The parties to this Agreement intend that the relationship between them contemplated
by this Agreement is that of independent entities working in mutual cooperation.
Contractor employees, staff, and agents are not to be considered Sheriff employees
for any purpose and said persons may not hold themselves out as employees or agents
of Sheriff or otherwise make any representation or commitment on behalf of Sheriff.
Sheriff employees, staff, and agents are not to be considered Contractor employees
for any purpose and said persons may not hold themselves out as employees or agents
of Contractor or otherwise make any representation or commitment on behalf of
Contractor. Neither party shall be in any way required to provide any pecuniary
benefits, salaries, wages, or fringe benefits to employees, staff, or agents of the other
party.
Persons coming onto the Firing Range property for the Contractor are on the Firing
Range property pursuant to this Agreement with the Weld County Sheriff's Office,
and are not considered to be invitees of Weld County or the Board of County
Commissioners for Weld County.
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VII. 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. This
method of notification will be used in all instances, except for emergency situations
when immediate notification may be provided to the contract Contact Person or the
Sheriff Contact Person.
VIII. 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, Sheriff shall be responsible for defending itself and its
officers and employees in any civil action brought against the Sheriff 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 officer and employees shall
not be deemed to assume 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 and its officer and employees
shall not be deemed to assume liability for intentional or negligent acts, errors, or
omissions of the Contractor, or any officer or employee thereof, arising out of the
performance of this Agreement.
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 is 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
consent, waiver of, or excuse for any other different or subsequent breach.
X. ASSIGNMENT
Neither party may assign this Agreement without prior written consent from the other
party.
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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.
XII. CHOICE OF LAW
This Agreement shall be construed in accordance with the laws of the State of
Colorado. It is agreed by both parties that any causes of action arising out of this
Agreement shall be venued in the courts of Weld County, Colorado, to the extent that
those courts are reposed with subject matter jurisdiction or in Denver, Colorado if the
case must be heard in Federal Court. Both parties agree to submit themselves to the
personal jurisdiction of those courts.
XIII. BUDGET CONSTRAINTS
Nothing in this Agreement shall be construed to require Sheriff or the Weld County
Commissioners to provide funding for any purpose under this Agreement that has not
previously been budgeted.
XIV. COMPLIANCE WITH PUBLIC OFFICE LAWS
The signatories hereto agree that they are familiar with Section 188-301, C.R.S., et
seq., (Bribery and Corrupt Influence) and Section 18-8-401 C.R.S., et seq., (Abuse of
Public Office), as amended, and that no violation of such provisions is present. The
signatories hereto state that to the best of their knowledge, no State employee has any
personal or beneficial interest whatsoever in the service or property described herein.
XV. 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 undersigned parties, and nothing contained in this Agreement shall
give or allow any claim or right of claim whatsoever by any other person not included
on this Agreement. It is the express intention of the undersigned parties that any
entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
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IN WITNESS WHEREOF, the parties have hereunto signed this Agreement, effective the
date and year above stated.
BOARD OF COUNTY COMMISSIONERS
FOR THE CO OF WELD, COLORADO
By: M. + . Gene, Chair ��. • < _i�1.
J1
.aa �
ATTEST: a ism
CLERK TO THE BOARD �■
UN
By
LD COUN Y SF RIFF' FFICE
Jo Cooke, Sheriff
URITAS SECURITY SERVICES USA, INC.
-
Jack Collins, Vice President
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cod, - 0 9//
SCHEDULE A
1. Until further notice, the SHERIFF CONTACT PERSON will be:
Commander Monty Lemley
Office phone 970-356-4015 ext. 2834
Cell phone 970-381 -5970
2. Until further notice, the CONTRACTOR CONTACT PERSON will be:
John Leger
Project Manager
Securitas Security Services USA, Inc.
17122 Weld County Road 19'/z
Platteville, Colorado 80651
970 785 0677
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SCHEDULE B
1. Any notice to SHERIFF provided for in this Agreement shall be sent to:
Commander Monty Lemley
Office Phone 970-356-4015 ext. 2834
Cell phone 970-381 -5970
2. Any notice to CONTRACTOR provided for in this Agreement shall be sent to:
John Leger
Project Manager
Securitas Security Services USA, Inc.
17122 Weld County Road 191/2
Platteville, Colorado 80651
970 785 0677
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