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Home My WebLink About20020476.tiff RESOLUTION RE: APPROVE LAW ENFORCEMENT SPECIAL DUTY AGREEMENT AND AUTHORIZE CHAIR TO SIGN - METAL CONTAINER CORPORATION 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 Sheriffs Office, and Metal Container Corporation, commencing February 25, 2002, and ending March 8, 2002, 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 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 Metal Container Corporation 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 27th day of February, A.D., 2002, nunc pro tunc February 25, 2002. BOARD OF COUNTY COMMISSIONERS Ell-coWE COUNT\, COL RADO ATTEST: LLim �� y �► GI Vaad, Chair Weld County Clerk toth :g.:ettO fBY: A�1 I David E. Lo g, Pro em Deputy Clerk to the Boa rrj►� �� Q/�� M. J. eile APPR0V AS TO William H. Jerke fr Attune EXCUSED DATE OF SIGNING (AYE) 3/ Robert D. Masden Date of signature: 2002-0476 Cie 5O, d≥v z«, >,er r erp SO0023 LAW ENFORCEMENT SPECIAL DUTY AGREEMENT THIS AGREEMENT, made and entered into this,;,7764 6"day of 11 , 2002, nunc pro tunc, February 25, 2002, by and between the COUNTY OF WELD, S OF COLORADO, on behalf of ED JORDAN, 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 METAL CONTAINER CORPORATION, whose address is 1201 Metal Container Court, Windsor, CO 80550, hereinafter referred to as "Contractor." WITNESSETH: 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., A., of this Agreement, of Contractor's need for special duty services, the County Contact Person shall determine the number of special duty deputies to assign to the event. The County Contact Person shall Page 1 of 10 Pages a'DD _ `%7e also determine, in his sole discretion, which Weld County Sheriffs Office personnel to assign to the event and what their respective duties shall include. 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 Pages 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. Page 3 of 10 Pages 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 February 25, 2002, to and until March 8, 2002, 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 Pages 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 Page 5 of 10 Pages 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 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. Page 6 of 10 Pages ATTEST: thte# .� COUNTY OF WELD, STATE OF COLORADO, ate`!` -S.• ON BEHALF OF ED CLERK TO THE B• • ' I Is JORDAN, WELD COUNTY SHERIFF, OF COUNTY CO v '• , � �.� e BY AND THROUGH THE BOARD OF COUNTY hi � ` COMMISSIONERS OF WELD COUNTY, V P COLORADO By• �0�112Cv Gp�,`e �' By: SCU/4 Deputy Clerk Glenn Vaad, /a7/X 2) APPROV S T APPROVED AS TO SUBSTANCE: By: Urikik,4- Br T. B e , Ed J an, Weld County eld County ttorney Sh if CONTRACTOR: CONTAIN RP ION Y zit SUBSCRIBED AND SWORN to before me this a4 c— day of 2002. WITNESS my hand and official seal. �r ,pR•...�l ,•„:4. o t:• 'Util 1 ri • BECKMAN 1 My commission expires: /0/7/A' 1' �FO�j'' 4 C "x"" My Commission Expires:10-07-2004 Page 7 of 10 Pages SCHEDULE A 1. Until further notice is received, the County Contact Person shall be: John Cooke 910 10th Avenue Greeley, CO 80631 (970) 356-4015, ext. 4661 2. Until further notice is received, the Contractor Contact Person shall be: Julie Wertz 1201 Metal Container Court Windsor, CO 80550 (970) 686-1522 Page 8 of 10 Pages SCHEDULE B 1. Any notice to County provided for in this Agreement shall be sent to: John Cooke 910 10th Avenue Greeley, CO 80631 (970) 356-4015, ext. 4661 2. Any notice to Contractor provided for in this Agreement shall be sent to: Julie Wertz 1201 Metal Container Court Windsor, CO 80550 (970) 686-1522 Page 9 of 10 Pages SCHEDULE C 1. The hourly rate comprising the contract amount of this Agreement shall be $35.00 per hour per deputy assigned to the event. Page 10 of 10 Pages Hello