HomeMy WebLinkAbout830921.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND TERRY M. SEAL
CONCERNING SERVICE OF PROCESS SERVICES AND AUTHORIZATION
FOR CHAIRMAN TO SIGN SAME
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 child support enforcement unit of the Weld
County Department of Social Services , in order to perform its
function, requires that it contract with process servers in
order to obtain legal service of process services, and
WHEREAS, an agreement of service of process services between
Weld County and Terry M. Seal has been prepared and presented to
the Board of County Commissioners for approval, and
WHEREAS , the term of said agreement is from June 1, 1983 ,
to December 31, 1983, and
WHEREAS, the Board, after studying the agreement, deems it
advisable to approve the same, a copy of said agreement being
attached hereto and incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County that the agreement between Weld County
and Terry M. Seal for service of process services be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 13th day of
July A.D. , 1983, nunc pro tunc June 1, 1983.
a} � e� ELRD OF COUNTY COMMISSIONERS
ATTEST: ( a„ ! BOARD OF COUNTY COMMISSIONERS
ATTEST: WEL OUNTY, COLORADO
Weld County Cillerk and Recorder �•
and Clerk to the Board C c S r� lson
B EXCITSED
eputy Count Jerk Joa T. Martin,
-�Pro-Tem
APPROVED AS TO FORM: ac
.�} ^ Gene R. Brantner
L- , County Attorney Norman Carlson
, p J- qu ine J h son 830921
A:DEPT S .S . DAY FILE : July 18 , 1983
r
AGREEMENT
THIS AGREEMENT is made and entered into this 13th day of
July, , 19 83 by and between the BOARD OF COUNTY COM-
MISSIONERS OF WELD COUNTY , COLORADO, hereinafter referred to as
"Board" and - Terry M. Seal , hereinafter
referred to as "Process Serving Firm" .
IN CONSIDERATION of the mutual covenants and conditions here-
inafter set forth , the parties hereto agree as follows :
1. Purpose.
The Board , through its Department of Social Services ,
operates a child support enforcement unit , in order to
perform its function , requires that it contract with process
servers in order to obtain legal service of process services .
The purpose of this Agreement is to set forth the mutual
rights and responsibilities of the Board and the Process
Serving Firm regarding service of process by the Process
Serving Firm for said child support enforcement unit .
2 . Term of Agreement .
This Agreement shall remain in full force and effect from
June 1 , 1983 to and until
December 31 , 1983
3. Duties of Process Serving Firm.
Upon the request of Board ' s child sunnort enforcement
unit , the Process Serving Firm shall obtain legal service
of process upon individuals who are named as Respondents
or Defendants in child support enforcement actions .
Using information provided by said child support enforce-
ment unit , it shall be the responsibility of the Process
Serving Firm to ascertain that the correct party is being
served and said firm hereby agrees that it is responsible
for incorrect service if the information supplied by the
child support enforcement unit is not properly used.
4 . Duties of Board.
The Board , through its child support enforcement unit ,
agrees to provide a correct date of birth or age and a
good physical description of the individual to be served
by the Process Serving Firm. The Board shall not be re-
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sponsible for providing any specific number of processes
to be served during the term of this Agreement. This is
not an exclusive Agreement and the Board , at its option ,
may at any time , select one or more individuals or firms
to be process servers for any geooraphical area.
5. Qualifications of Em to ees .
The Process Serving Firm agrees to only employ individuals
of good character and specifically agrees that its employees
shall be free of criminal histories and agrees that its
employees shall not be individuals who are being prosecuted
by the child support enforcement office.
6 . Confidentiality.
The Process Serving Film agrees that information provided
by the child support enforcement unit to the Process Serving
Firm for the purpose of obtaining service shall be considered
confidential information and shall not be revealed to any
third party.
7 . Compensation.
Weld County will be divided into three zones for the purpose
of compensation. Zone A shall be within a 5 mile radius of
Greeley. This includes the towns of Evans and LaSalle. A
fee of $20. 00 will be paid for service within this zone . This
zone is described as "A" .
Zone B shall be considered those towns between a 5 and 20 mile
radius of Greeley. Payment for service within Zone B will
be $20 . 00 plus a one time - one trip milage allowance of
$5 . 00 for a total charge of $25 . 00. The towns of Johnstown ,
Milliken, Eaton and Ault are within this zone_
Zone C shall be those towns in excess of a 2D mile radius
of Greeley extending to the county line . Payment for service
within Zone C will be $20 . 00 plus a one time - one trio
milage a-lcwance of $10 . 00 or a total charge of $30. 00 _
Pavr:.ent in al
l zones shall be ;-,ode only if process is
e.ucces ful and no : -_ ::,ent of cny kind shall be -,ado if
service is unsu cessful .
8 . Additional Provisions _
The parties hereto specifically agree to be bound by
the additional provisions which are attached hereto,
incorperated herein by reference and marked as exhibit "A" .
7 •
EXHIBIT "A"
ADDITIONPI INSTRUCTIONS/INFORMATION
It is understood that the Board of County Commissioners reserves the
right to reject any and all proposals, to waive any informalities in the
proposal process , and to accept the proposal that, - in the opinion of the
•
• Board, is in the best interest of the Board and of the County of Weld,
State of Colorado.
The successful firm shall indemnify and hold harmless Weld County against
all claims for royalties , patents, or for suits for infringement thereon,
which may be involved in providing the services requested.
Cost will not be the determining factor. The County reserves the right
to refuse the lowest bid, and select the overall best qualified bidder.
All factors relating to the bid will be carefully weighed.
The proposal shall be sent in a sealed envelope furnished by the Purchasing
Department of Weld County, Colorado. Six copies of the proposal must be
submitted.
• In submitting the proposal , the vendor agrees that the acceptance of any
or all of the bid by the County within a reasonable time or period
constitutes a contract. No delivery' of service or payment for service
shall take place unless a contract has first been issued by the Purchasing
Director of Weld County, Colorado, or the Board of County Commissioners.
•
• Weld County reserves the right to request additional information from
all bidders in the evaluation process if clarification of proposal is
necessary.
Vendor must be willing to agree to the following standard contract
provisions unless specified in writing as an exception in the proposal
submitted.
1 . Contractor agrees that it is an independent contractor and that its
officers and employees do not become employees of County, nor are
they entitled to any employee benefits as County employees as the
result of the execution of this acreentent.
2. Contractor shall indemnify County , its officers and employees
liability any negligent act
zcair.st for injury or cartage caused by
or omission of any of its employees or volunteers or agents in the
oerormance of the approved acreeme n: ane shall hold County harmless
fro: any loss occasioned as a result of the performance of the
contraa: b: Contractor. In_ Contractor snail provide necessary
wpri:mar' s compensation, insurance at Contractor' s ovT cost and
e).peP.se.
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3. No officer, member or employee of County and no member or their
oovernino bodies shall have any pecuniary interest, direct or
indirect, in the approved agreement or the proceeds thereof. No
employee of Contractor nor any member of an eroiovee 's family shall
serve on a County board, committee or hold any such position which
either by rule, practice or action nominates, recor:nends , supervises
Contractor' s operations, or authorizes funding of Contractor.
4. Contractor may not assign or transfer the approved agreement, any
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interest therein or claim thereunder without the prior written
approval of County.
5. Payment of Contractor will be made only upon presentation of a
proper claim by Contractor subject to the approval of the County
Department or Agency for w'nich the services have been performed.
• 6. County shall have access to Contractor' s financial records for
purposes of audit. Such records shall be complete and available
• for audit ninety (90) days after final payment hereunder and shall
be retained and available for audit purposes for five years after
final payment hereunder. _
7. County may terminate the approved agreement at any time by giving
Contractor a ten (10) day written _notice of such sooner termination
and may be terminated at any time without notice upon a material
breach of the terms of the approved agreeuent by Contractor.
S. Time is of the essence in each and all the provisions of the approved
agreement.
9. No alteration or variation of the terms of the approved acreeme_nt
shall be valid unless made in writinc and signed by the parties .
hereto.
10. Contractor shall not be allowed or paid travel expenses unlecc set
forth in the approved agreement_
11 . Contractor assures that it will coroly with Title V] of the Civil
Rights Act of 1961 and that no person shall , on the grounds of
race , creed, color, sex or national origin be excluded from parti-
ciparion in, be denied the benefits of, or be otherwise subjected
to discrimination under the approved agreement.
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IN WITNESS WHEREOF, The parties hereto have duly executed this Agreement
on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WEL COUNT OLORADO
By: ..t
C c Carlson, hairman
21• By < / t ._ '
Terry M. Seal; Process Serving Firm
WELD COUNTY DEPARTMENT OF
SOCIAL SERVIC S
By:
Eu e McKenna, rector
By: DEPARTMENT OF SOCIAL SERVICES
STATE OF COLORADO
Dr. George Goldstein, Director
1?4y F,Lc acALy /8 / 91.3
mEMORAnDU
winkTo Tom David, Weld County Attorneyodte July 7, 1983
COLORADO From Gene McKenna, Director, Weld County Department of Social Services
Subject: Terry M. Seal Contract: Process Serving Firm
Tom:
I am requesting your review of the attached agreement and setting up for
Board consideration. This is a process serving contract, and as such, I
believe to be fairly routine.
Please give me a call if you have any questions. Thank you.
enc.
mEmounnpum
ati T. Social Services Date July 19 , 1983
COLORADO From Clerk to the Board' s Office
Subject: Service of Process Agreement with Terry Seal
Attached is a copy of the Resolution approving the process
serving agreement with Terry Seal for yourfiles--also a
copy for Terry Seal.
Also attached are two copies of the agreement. Please return
an original to this office after being fully executed.
Thanks.
Hello