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Home My WebLink About20031157.tiff RESOLUTION RE: APPROVE LAW ENFORCEMENT SPECIAL DUTY AGREEMENT AND AUTHORIZE CHAIR TO SIGN - BECHTEL BWXT IDAHO, LLC 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 Bechtel BWXT Idaho, LLC, commencing upon full execution, and ending April 30, 2004, with automatic renewal from year to year until April 30, 2007, 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 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 Bechtel BWXT Idaho, LLC, 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 7th day of May, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WFOU TY, C ORADO ATTEST: DE. Lon , Ch it Weld County Clerk to B. • :A � Robert as en, Pro-Tem BY: Deputy Clerk to the ;T4 / M. J. Geile APP AS • RM: Vi/vt-° Willi H. Jerk ounty Attor y Glenn Vaad c. Date of signature: 5 /e/O-3 2003-1157 SO0024 co , so LAW ENFORCEMENT SPECIAL DUTY AGREEMENT THIS AGREEMENT, made and entered into this )1 day of m&t , 2003, by and between the Weld County Sheriff's Office, by and through JOHN COOKE, WELD COUNTY SHERIFF, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter collectively referred to as "Sheriff," and Bechtel BWXT Idaho, LLC (BWXT), acting in its capacity as Management and Operating Contractor for the U.S. Department of Energy under Contract Number AC07-99ID13727, whose address is P.O. Box 1625, Idaho Falls, ID 83415, hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, Contractor currently provides management and security operations for the Fort St. Vrain fuel storage facility; and WHEREAS, Contractor is required to maintain a minimum number of armed personnel at the facility at all times; and WHEREAS, Contractor is desirous of entering into an Agreement with the Sheriff 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 Sheriff, on an "as needed"basis for events for which additional law enforcement personnel may be required by Contractor (hereinafter referred to as "special events" or"events"), and WHEREAS, Sheriff 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: 1. SERVICES PROVIDED BY SHERIFF A. Terms and Conditions of Special Duty Services. The Sheriff agrees to 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 Sheriff Contact Person. Upon written notice by Contractor to the "Sheriff Contact Person" (as defined in Section I, 1 2003-1157 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 Sheriff and Contractor Contact Person shall jointly determine the number of special duty deputies to assign to the event. The Sheriff Contact Person shall also determine, in his sole discretion, which Sheriff's Office personnel to assign to the event. Nothing in this Agreement shall be construed to indicate that Sheriff must assign any particular number of deputy(ies) or any deputy(ies) at all at any particular event upon Contractor's request, if, in the sole discretion of the Sheriff, no deputy(ies) can be made available for the particular requested special duty assignment. 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 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 Sheriff 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 2 deputy(ies) performing such services. Sheriff shall provide the necessary worker's compensation coverage and unemployment compensation coverage for the assigned deputy(ies). 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 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 the Sheriff. C. Sheriff Contact Person. The Sheriff or his designee shall act as the Sheriff Contact Person for purposes of the administration of 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 written notice to the Contractor Contact Person referenced in Section II.C. of this Agreement. The Sheriff 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 the Contractor Contact Person will forward all complaints or concerns from the Contractor in relation to this Agreement to the Sheriff Contact Person. The Sheriff 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 Sheriff Contact Person in writing of the need for special duty services as far in advance as possible (but in no case less than three (3) 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 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. B. Cooperation with Assigned Deputv(ies). Contractor's designated on-site official and any other Contractor employees 3 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 Sheriff Contact Person. The Contractor's Contact Person and the Sheriff Contact Person shall forward all complaints or concerns from the Contractor in relation to this Agreement to the Sheriff Contact Person. The Sheriff 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 April 30, 2004, and shall automatically renew from year to year, unless sooner terminated, or until April 30, 2007, after which there shall be no automatic renewal of this Agreement. IV TERMINATION This Agreement may be unilaterally terminated by either party with or without cause by the terminating party giving 30 days advanced written notice in accordance with the notice requirements set forth in this Agreement, to the non- terminating party. V COST AND REIMBURSEMENT A. Contract Amount. Except as otherwise provided in this Agreement, all services rendered to Contractor by Sheriff pursuant to the terms of this Agreement shall be billed to Contractor at the rate set forth in the attached Schedule C. The parties agree that the minimum amount to be paid by Contractor for services provided by Sheriff during each one-year term under this Agreement shall be five thousand ($5,000.00) dollars. Although services may exceed $5,000.00 in any given one- year term, if services do not total at least $5,000.00 at the completion of any one- year term, Contractor will promptly pay the balance of the $5,000.00 minimum 4 cost which may be due and owing. B. Billing Dates. Within ten(10) days following the last day of any calendar month in which special duty services were provided by Sheriff pursuant to this Agreement, the 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, the Sheriff may, in his discretion, terminate all services under this Agreement if payment for all undisputed delinquent amounts are not received within 10 days after written demand to the Contractor. 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. 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 Sheriff 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, 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 officers and employees shall not be deemed to assume any 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 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. 5 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 Sheriff 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 Sheriff that any entity other than the Contractor or the Sheriff 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. X 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. XI ASSIGNMENT Neither party may assign this Agreement without prior written consent from the other party; provided, however, Contractor may assign this Agreement to the U.S. Department of Energy or to a successor Management and Operating Contractor at the Idaho National Engineering and Environmental Laboratory (INEEL) without prior consent. 6 XII CHOICE OF LAW This Agreement shall be construed in accordance with the laws of the state of Colorado. XIII BUDGET CONSTRAINTS Nothing in this Agreement shall be construed to require the Weld County Sheriff s Office or the Weld County Board of County Commissioners to provide funding for any purpose under this Agreement that has not previously been budgeted. XIV 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's employees and agents are not to be considered Weld County or Sheriff employees for any purpose and said persons may not hold themselves out as employees or agents of Weld County or Sheriff employees or agents of Weld County or Sheriff or otherwise make any representations or commitment on behalf of Weld County or Sheriff. County or Sheriff employees, officers, or agents are not to be considered employees of Contractor for any purpose and said employees, officers or agents may not hold themselves out as employees or agents of Contractor or otherwise make any representations or commitments on behalf of Contractor. Signed this 74, day of Nay , 2003. WELD OUNTY SHERIFF'S OFFICE David E. Long 05/07/03 Chair, Boar f Cou ty o By: ATTEST: 7, ��J John oke, We d County Sheriff WELD COUNTY CLERK T BY: U " j DEPUTY CLERK TO CONT OR: By: Ted Borst, FSV ISFSI Manager (BWXT) 7 Hello