HomeMy WebLinkAbout800058.tiff RESOLUTION
RE: APPROVAL OF CONTRACT BETWEEN STANLEY SMITH SECURITY, INC.
AND THE WELD COUNTY COUNCIL AND AUTHORIZATION FOR CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN THE 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, a contract between Stanley Smith Secuirty, Inc.
and the Weld County Council has been presented to the Board of
County Commissioners of Weld County, Colorado, and
WHEREAS, Stanley Smith Security, Inc. shall do investiga-
tive work on behalf of the Weld County Council, and
WHEREAS, the term of said contract shall be from March 10 ,
1980 through April 30, 1980 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the contract between
Stanley Smith Security, Inc. and the Weld County Council be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of
the Board of County Commissioners of Weld County, Colorado be,
and hereby is, authorized to sign said contract.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 2nd day of
April, A.D. , 1980.
., '; -f-• BOARD OF COUNTY COMMISSIONERS
ATTEST: „?u,f ,,.;°a=',x,^:=,�1A€ rt' WELD COUNTY„ COLORADO
Weld County Clerk and Recorder fif l '
-ate, Clerk to the Boa C. W. Kirby, Chairman
.___By: c.,c� .c_ <' CA, u. «_„CA.A Cr k
Deputy Coun Cler Leonard L. Roe, Pro-Tem
PPROV D AS TO FORM: lJ_ iJ a
Norman Carlson
County Attorney ) AO4'M/Ai/
Lyd� V Dunbar
."6�� 6 .r2
ne K. Ste nmar
800058
DATE PRESENTED: APRIL 2, 1980
NTY OF WELD, STATE OF COLORADr
STANDARD AGREEMENT
THIS AGREEMENT, made and entered into this 6 th day of March , 1980
by and between the COUNTY OF WELD, State of Colorado, hereinafter called the
County, and
Stanley Smith Security, Inc.
hereinafter called the Contractor. = '
WITNESSETH: That the Contractor for and in consideration of the covenants,
conditions, agreements, and stipulations of the County hereinafter expressed,
does hereby agree to furnish to the County services and materials, as follows,
and/or as described on exhibits attached to and incorporated herein.
(Set forth service to be rendered by Contractor, County Department receiving
service, Contractor's qualifications , and additional provisions incorporated. )
Contractor shall do investigative work on behalf of Weld County Council
as directed from time to time by the Council in the following areas
of Weld County Government:
' F
a. Areas, of Conflict of Interest -
b. Areas of Misappropriation of county property •
c. Areas of Conversion of county property/funds to personal use
d. Matters of Malfeasance
e. Matters of Misfeasance !.
Contractor shall provide Weld County Council professional services
as outlined in attached proposal and agreement executed March 6, 1980,
by and between Weld County Council and Contractor.
CONTRACT PERIOD will be from _March 10_2_ 1980 through April 30, 1980
COMPENSATION: County agrees to pay Contractor for services performed hereunder
at a rate of $ 400 _ per man day and/or -
t..
The total amount paid by County to Contractor under this agreement shall not
exceed the sum of $_15,000__--
ADDITIONAL PROVISIONS set forth on the reverse side hereof constitute a part
of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
COUNTY OF WELD CONTRACTOR
By < ' /�/ � War STANLEY SMITH SECU TY,
Chairman , Board of Coun
Commssioners By
Ti e
335S "zar
——Approved As To Form: —— T / Ad ress�
Purchasing — — COUNTY OF WELD
it %-
— By: (`, ;`7 ;r< �-y
Director of Finance & C . W. Kirby, Chairman
Administration Board of County Commissioners
ADDITIONAL PROVISIONS
•
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
employees benefits as County employees as a result of the execution of this
agreement.
2. Contractor shall indemnify, County, its officers and employees against lia-
bility for injury or damage caused by any negligent act or omission of any
of its employees or volunteers or agents in the performance of this agree-
ment and shall hold County harmless from any loss occasioned as a result
of the performance of this contract by Contractor. The Contractor shall
provide necessary workman 's compensation insurance at Contractor's own cost
and expense.
3. No officer, member or employee of County and no member of their governing
bodies shall have any pecuniary interest, direct or indirect, in this agree-
ment or the proceeds thereof. No employee of Contractor nor any member of
an employee's family shall serve on a County board, committee or hold any
such position which either by rule, practice or action nominates , recommends,
supervises Contractor's operations, or authorizes funding to Contractor.
4. Contractor may not assign or transfer this agreement, any interest therein
or claim thereunder without the prior written approval of County.
5. Payment to Contractor will be made only upon presentation of a proper claim
by Contractor subject to the approval of the County Department or Agency
for which the services have been performed.
cowceznii nia Ts('
6. County shall have access to Contractor' s financial records for purposes of
audit. Such records shall be complete and available for audit 90 days after
final payment hereunder and shall be retained and available for audit pur-
poses for five years 'after final payment hereunder.
7.. County may terminate this agreement at any time by giving Contractor a ten
day written notice of such sooner termination and may be terminated at any
time without iioLice upon a material breach of the terms of this agreement
by Contractor.
8. Time is of the essence in each and all the provisions of this agreement.
9. No alteration or variation of the terms of this agreement shall be valid
unless made in writing and signed by the parties hereto.
10. Contractor shall not be allowed or paid travel expenses unless set forth in
this agreement.
11 . Contractor assures that it will comply with Title VI of the Civil Rights
Act of 1964 and that no person shall , on the grounds of race, creed, color,
sex or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this agree-
ment.
12. County shall have a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, use, and to authorize others to do so, all original
computer programs, writing, sound recordings , pictorial reproductions, draw-
ings and other works of similar nature produced in the course of or under
this agreement; and Contractor shall not publish any such material without
prior written consent of County.
13. Contractor agrees that determinations of rights to inventions made in the
course of or under this agreement shall be made by County, and that County
shall acquire an irrevocable, non-exclusive, and royalty-free license to
practice
enand use, and let any public agency practice and use, any such
SMITH
GUARDS
Di.
ALARMS �.. _
INVESTIGATION
' OFFICES IN
U.S.A.
COURIER CANADA
ARMORED CAR x MEXICO
SECURITY CONSULTING
EXECUTIVE PROTECTION • '5- "- y,I!
UNDERCOVER "F WORLD-WIDE
STORE DETECTIVES V SINCE 1928 SERVICES
February 27 , 1980
Mr . Ralph Waldo
Chairman , Weld County Council
Weld County , Colorado
Dear Mr. Waldo
We appreciate your confidence in us and are pleased to of-
fer our professional services to the Weld County Council.
We well recognize the seriousness of this assignment and
can assure you of a professionally prepared and executed
investigation.
Our proposal, which follows this letter , describes in out-
line our plan for the accomplishment of this assignment.
•
It should be noted that we have avoided specific require—
ments due to the nature of the verbal direction given us in
closed session with the council.
Our proposal is divided into three sections:
1 . Our understanding of the
• assignment .
2 . Our approach to the In—
vestigation
STANLEY SMITH SECURITY, INC.
CORPORATE OFFICES: 3355 CHERRY RIDGE •P.O. BOX 5990•SAN ANTONIO.TEXAS 78201 • TEL (512)349-6321
3. E'stimated time and costs .
We have a strong interest in executing this challenging and
significant task; consequently, we are prepared to activate
this investigation beginning March 10 , 1980 .
Sincerely ,
ACS 4 J .--e- 62.4-tSTANLEY SMITH SECURIT ,
D. E . Sandy
Director
Investigations/Special Services
•
PROPOSAL
WELD COUNTY COUNCIL
WELD COUNTY, COLORADO
1 . OUR UNDERSTANDING OF THE ASSIGNMENT
It is our understanding , developed during conferences
with the County Council and the District Attorney ,
that certain information and allegations have been
presented to the Council indicating that certain De-
partments , Department Employees and Department Offi-
cials may be involved in :
a. Conflict of Interest
b . Misappropriation of county property
c . Conversion of county property/funds to personal
use
d. Malfeasance
e . Misfeasance
The council desires that we conduct in-depth investi-
gations to prove or disprove the validity of such al-
legations .
The Council or its designated representative will .
specifiy and designate those Departments and/or areas
to be investigated.
Our participation in such investigations has been approv-
ed and concurred in by the Weld County District Attorney
and the Weld County Sheriff .
That such investigations will be conducted by our person-
nel under credentials and the authority of the Weld
County Council.
2 . OUR APPROACH TO THE INVESTIGATION
As previously discussed there is a need for us to
review and become familiar with the Weld County sys-
tems and procedures concerning :
a. Authority to contract
b . Authority to purchase
c . Authority to expend budgeted funds
(1) Bid
(2) Non-bid
d. Record maintenance and retention requirements
Upon completion of systems and procedures review we
will :
Conduct consultant questionnaire interviews of approp-
riate county departments/employees .
Conduct investigative interviews of persons identi-
fied or discovered who may have general or specific
information regarding allegations or other discover-
ed improprieties .
Follow all investigative leads to a logical resolu-
tion.
Prepare interim reports of investigation for review
by the council or councils representative .
Submit final investigative reports with all evidence
developed to the council .
Submit recommendations for the correction of any dis-
covered "loss exposure" vulnerabilities in county
systems and procedures .
3 . ESTIMATED TIME AND COSTS
a. Time :
•
(1) It is estimated that initial investigative
requirements will require thirty man days
(man day = one man for eight hours)
(2) Additional investigative man days will be
based on councils decision after review of
final investigative reports and evidence.
b . Costs :
(1) Stanley Smith Security, Inc . , will conduct
investigative operations for thirty (30)
man days at a fee of $400. 00 per man day.
(2) Any additional costs and/or expense will
be with the written approval of the Weld
County Council prior to the committment of
such funds .
We believe our proposal addresses all of the elements
critical to your requirements without compromising
specific areas of concern. At your request I will
be happy to elaborate on any particular point in con-
ference with you or members of the council.
AGREEMENT FOR PROFESSIONAL SERVICES-
Following Agreement entered into by and between Weld County
Council, County of Weld , Greely , Colorado hereinafter refer-
red to as "Weld County Council" and
Stanley Smith Security, Incorporated , 2200 W. Alameda Avenue
Denver , Colorado hereinafter referred to as "Contractor" .
The Contractor agrees to provide professional services as
described in their detailed proposal dated February 27 , 1980
which is hereby made part of this agreement
SCOPE OF SERVICES
These services to be provided to Weld County Council , County
of Weld, Greely , Colorado pursuant to the following terms
and provisions :
1 . Supervision:
Said services shall be performed under this contract
through the offices of the Weld County Council.
2 . Ownership of Documents :
The work product , including , but not limited to reports ,
records and evidence , developed in connection with this
Agreement , by the Contractor , shall become the exclusive
property of the Weld County Council , excepting evidence
of criminal activities which shall be referred to the
District Attorney . Any of the above materials used by
the Contractor shall be kept in complete confidence by
the Contractor.
3 . Termination for Breach :
If the Contractor shall fail to complete satisfactorily
any part of the Agreement within the times specified or
within any extension of time as may be granted to the
Contractor by Weld County Council , written notice shall
be given by Weld County Council to the Contractor of
such failure , and if within seven (7 ) calendar days
thereafter the Contractor shall not have satisfactorily
(IS
completed such part , or re-negotiated , then the Weld
County Council may declare a forfeiture of this Agree-
ment by giving the Contractor a second written notice .
Such notices shall be delivered by certified mail to
the Contractor at its address given above . Upon the
mailing of such second notice , this Agreement shall
cease and terminate . Upon such termination the Con-
tractor shall deliver to Weld County Council all re-
ports prepared to date of termination. If the Con-
tractor breaches this Agreement , they shall be paid
for their professional costs and expenses actually in-
curred in connection with parts of the investigation
which they have completed satisfactorily. Weld County
Council shall not be liable to the Contractor for any
other amount , including expenses actually incurred by
Contractor in connection with a part which is not sat-
isfactorily completed.
4 . Schedule of Services :
Time period for completion of schedule of services
will extend from March 10 , 1980 to April 30 , 1980 and
commence on March 10 , 1980 .
5 . Termination of Agreement :
This Agreement may be terminated without cause by
either party upon thirty (30) days written notice to
the other party . If Weld County Council elects to term-
inate, the Contractor shall be entitled to payment for
satisfactory work performed and any applicable expenses
incurred under the Agreement up to the time of termina-
tion ; if the Contractor elects to terminate , it shall be
entitled to payment for all completed work delivered to
Weld County Council up to the date of termination.
(2)
6 . Warrants :
•
During the performance of this Agreement :
The Contractor agrees that it will fully comply with the
"Additional Terms and Conditions" attached hereto .
7 . Unavoidable Delay :
Should the Contractor be obstructed or delayed in the com-
mencement , prosecution or completion of any part of the
Agreement work by riot , insurrection, war , pestilence ,
fire , lighting , earthquake , hurricane, or other causes
which Weld County Council shall determine to be beyond
the control of the Contractor , then the times fixed for
the completion of the project shall be extended for a
period equivalent to the time lost by reason of any of
the above causes . No such extension shall be made unless
notice in writing of a claim therefore is delivered to
Weld County Council and the Contractor satisfies Weld
County Council that the delay so claimed was unavoidable,
caused substantial cessation of work, and could not have
been reasonably anticipated or adequately guarded against .
The Contractor shall not be entitled to any damages or
compensation from Weld County Council on account of any
delay resulting from any of the above causes . The Con-
tractor is not subject to penalties , monetary or other-
wise, as a result of delay resulting from any of the
above causes . The Contrator hereby agrees to submit per-
iodic progress reports , the specific time periods will be
mutually decided by the Contrator and Weld County Council .
Any extension of time granted by Weld County Council to
the Contrator for any of the causes mentioned above shall
in no way operate as a waiver on the part of Weld County
Council of any of its rights under this Agreement .
(3)
9 . Law of Colorado :
This Agreement shall be construed and interpreted accord-
to the law of the State of Colorado .
10 . Changes :
Changes of , additions to , or deviations from the scope
of work shall be made by the Contractor upon receipt of
written authorization from Weld County Council . Notwith-
standing anything to the contrary herein, the estimated
cost and time for performance of these additional ser-
vices shall be negotiated to the mutual satisfaction of
the Contractor and Weld County Council prior to the per-
formance of any such services . Such services shall be
authorized only by supplemental agreement to the contract ,
which shall specify the additional funds required and
the time of performance . -
11 . Assignments :
Nether this Agreement nor any interest therein, or
claimed thereunder, shall be assigned or transferred by
the Contractor except as specifically authorized by Weld
County Council .
12 . Reports :
The Contractor will submit to Weld County Council periodic
status reports on the planned completion and completion of
the "Scope of Investigation" . These reports will be sub-
mitted by the Contractor at the discretion of Weld County
Council .
Weld County Council agrees , in consideration herein , to :
1 . A bi-monthly bill for services rendered shall be sub-
mitted by the Contractor. The total payable by Weld
County Council shall not exceed fifteen thousand dol-
lars ($ 15 , 000 . 00) . The "not to exceed" dollars de-
scribed above includes all professional staff cost
and out of pocket expenses incurred by the Contractor
in performance of the schedule of services .
(4)
2 . Except as otherwise stated or provided in this
Agreement , no payment for extra charges , supplies ,
or expenses , herein referred to as extras , shall
be made unless such extras and the "not to exceed"
dollar amount are stated in this Agreement .
3 . Weld County Council will provide office space,
furniture , equipment and supplies essential to the
performance of said services .
This Agreement will become effective on the date
of Execution.
EXECUTED THE d'=" DAY OF , 1980
WELD COUNTY COUNCIL STANLEY SMITH SECURITY, INC .
Weld County (Greely) Colorado 3355 Cherry Ridge
San Antonio , Texas
r:7
BY:
��w�y ___
TITLE: d;.71y4y , ��J
TITLE: !llc cact p-ect %wd
Q f'
DATE: K/G102 S//f✓I.
DATE : /laze 6 /cie
Hello