HomeMy WebLinkAbout910039.tiff RESOLUTION
RE: APPROVE SUPPLEMENTAL SERVICE AGREEMENT BETWEEN TOWN OF JOHNSTOWN AND WELD
COUNTY, COLORADO, AND AUTHORIZE CHAIRMAN TO SIGN
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 the Supplemental Service Agreement
between the Town of Johnstown and Weld County, Colorado, commencing January 1, 1991,
and ending December 31, 1991, with the further terms and conditions being as stated
in said Contract, 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 Supplemental Service Agreement be, and hereby is ,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Agreements.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 9th day of January, A.D. , 1991.
/// BOARD OF COUNTY COMMISSIONERS
ATTEST: I11
E1/1/444
WELD COUN Y, RADO
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Weld County Clerk to the Board
Gord acy, h ' man
By iJ �iL."C� /� ._ 6[
Deputy Cler to the Board � eor e Kennedy, ro-Tem f
APPROVED AS TO FORM: g.��.2,--, Watt-- F.[l�
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-� Constance L. Harbert
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‘N.. ( --}c-7-n—) 1 - `- — ''' -?- - i(1,0/-1-,
-- County Attorney C. W. Kirby
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W. H. Webster
910039
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SUPPLEMENTAL SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of December-. 1990.
by and between the COUNTY OF WELD and the WELD COUNTY SHERIFF, by and through
the Board of County Commissioners of Weld County, hereinafter referred to as
"County" . and the TOWN OF JOHNSTOWN. hereinafter referred to as the "Town."
WHEREAS, the Town is desirous of entering into an Agreement with the County
for the performance of law enforcement services over and above the regular law
enforcement service level provided by the County Sheriff; and
WHEREAS. the County is willing to render such additional services and law
enforcement protection on the terms and conditions set forth in this Agreement;
and
WHEREAS. such Agreements are authorized by Section 29-1-203, C.R.S. . and
the Weld County Home Rule Charter, ARticle II , Section 2-3: and
NOW. THEREFORE, for and in consideration of the mutual covenants.
conditions, and promises contained herein, the parties hereto agree as follows:
1 . SERVICES TO BE PROVIDED BY COUNTY
A. Directly Committed Patrol Services
The County will provide to the Town patrol services directly
committed to the Town according to a regular schedule mutually
established by Town and County. This schedule shall be subject to
modification from time to time by agreement of the parties. However-.
the Weld County Sheriff retains ultimate authority to reassign, at
any time, any Sheriff 's personnel performing this directly committed
patrol service to law enforcement needs elsewhere throughout the
County. In such case, the Sheriff, in his discretion, may provide
any unfulfilled scheduled patrol service later in the same scheduled
day. The Town shall be responsible for payment, pursuant to this
Agreement, only for actual patrol services provided within the Town 's
corporate limits.
B. Other Services
As part of, or in addition to, the directly committed patrol services
described above, County 's services to Town will include the following
services to be performed within the Town 's corporate limits:
1 . Investigation and enforcement of Colorado Statute violations.
2. Investigation of traffic accidents.
C. Exceptions to Service
The County will not impound. contain or transport animals at large
or collect trash dumped or deposited in violation of the Town
Ordinances in the absence of a separate written agreement for such
service.
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D. Labor_ and Equipment
The County Shall furnish and supply all labor, supervision, training,
equipment, communications facilities for dispatch, and all supplies
necessary for the provision of the additional level of law
enforcement services to Town set forth in this Agreement. The Town
shall not be liable for the direct payment of salaries, wages, or
other compensation to County personnel performing the services set
forth in this Agreement on behalf of the County. The County shall
provide the necessary worker 's compensation coverage and unemployment
compensation coverage for County 's employees who are designated to
fulfill the terms of this Agreement. In addition„ County is
responsible to pay the federal and state income tax withholdings for
all County employees designated to fulfill the terms of this
Agreement .
The standards and procedures for performance of the terms of this
agreement, the discipline of Sheriff 's Deputies 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 Town, its officers
and agents. Generally, performance standards, procedures and
discipline for those deputies performing the terms of this Agreement
shall be consistent with the performance standards, procedures and
discipline required of deputies providing service in unincorporated
areas of Weld County.
E. Availability of Sheriff
Upon request of the Town Board, the Sheriff or his designee shall
appear- before the Town Board on one (1 ) occasion per month for
purposes of administering this Agreement. Appearances by the Sheriff
or his designee in excess of one (1 ) appearance per month will be
assessed to the Town as hourly service at the hourly rate set forth
.n Section 6.A.
F. County '=. Contact Person
The Sheriff or his designee shall act as the County 's contact person
for purposes of the administration of this Agreement. Until further
notice is received, the County 's contact person shall be the
individual named in Schedule A attached hereto and incorporated
herein by reference. Any change in the County 's contact person shall
be effective upon, ten ( 10) days advance written notice to the Town 's
Agreement Monitor, referenced in Section 2.B. The designated County
Contact Person and the Town 's Agreement Monitor shall work toward
the common purpose of enhancing the effectiveness of law enforcement
in the Town. It is understood that the Town 's Agreement Monitor will
forward all complaints or concerns from the Town in relation to this
Agreement to the County 's designated Contact Verson . The County's
Contact Person will make all reasonable efforts to respond to
complaints and/or concerns and to take prompt action to address the
complaints or concerns.
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7. SERVICES_PROVIDED BY TOWN
A. Town Facilities
The Town agrees to provide, at not cost to the County, liberal access
to Town Hall facilities for administrative use such as interviews
and completion of reports.
B. A3reement Monitor
In order to administer this Agreement effectively, the Town, shall
designate an Agreement Monitor. Until further notice is received,
the Town 's. Agreement Monitor shall be the individual named in
Schedule B, attached hereto and incorporated herein by reference.
Any change in the Agreement Monitor shall be effective upon ten ( 10)
days advance written notice to the County's Contact Person . The
Agreement Monitor and the County 's Contact Person shall work toward
the common purpose of enhancing the effectiveness of law enforcement
services in the Town. The Agreement Monitor shall -forward all
complaints or concerns from the Town 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 complaints or concerns.
3. MISCELLANEOUS PROVISIONS
A. Town Jail
The Town acknowledges that this Agreement in no way affects the
Town 's general police power to establish and erect a Town Jail. The
Town, also acknowledges that this Agreement does not constitute the
consent of the Board of County Commissioners of Weld County for the
use of the Weld County Jail for the confinement and punishment of
Town Ordinance offenders. See Sections 31-15-401 ( 1 ) (j ) and (k.) ,
C.R.S.
4. AGREEMENT TERM
This Agreement shall be effective upon final execution by the appropriate
officers of both; parties. This Agreement shall continue through December
31 , 1991 . The Town may renew this Agreement by notifying the Chairman of
the Board of County Commissioners and the Weld County Sheriff in writing
not later than sixty (60) days prior to the expiration date of this
Agreement. This notice shall state the terms and monetary compensation
to be paid under the proposed renewed contract. Failure to reach an
agreement on the Town 's proposed renewal terms of this Agreement at least
thirty (30) days prior to the expiration of the Agreement shall result in
the Agreement automatically terminating by its own terms on the specified
date.
5. TERMINATION
This Agreement may be unilaterally terminated by either party With or
without cause by one hundred twenty (120) days written notice, delivered
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to the other party in accordance with Section 7, "Notices" , or as otherwise
provided in this Agreement.
6. COST AND REIMBURSEMENT
A. Contract Amount
Except as otherwise provided in this Agreement, all services rendered
to Town by County pursuant to the terms of this Agreement shall be
billed to Town at the rate of $27.00 per hour. The maximum
cumulative total that Town may be billed for services during the
terms of this Agreement is $_ 2,nnn_nn If this maximum
cumulative total is depleted prior to the expiration, of the term of
this Agreement, County may, at its option, immediately terminate this
Agreement and thereby render- void all of County 's obligations
hereunder.
B. Meld County Court and Weld District Court Appearances
The Town will not be required to reimburse County for appearances
by Weld Sheriff 's Deputies in Weld County Court or Weld District
Court even if the alleged violation occurred within the incorporated
limits of the Town.
C. Billing Dates
Within ten ( 10) days following the last day of a calendar month, the
Weld County Sheriff will provide a written billing statement to Town .
D. Payment
The Town hereby agrees to pay each statement within forty five (45)
days following the month for which these services are billed. If
payment from Town is not received by the forty fifth (45th) day, the
Sheriff may, in his discretion, terminate all service under- this
Agreement. Written notice of this immediate termination shall be
provided by the Sheriff to the Town and to the Board of Weld County
Commissioners pursuant to Section 7.
7. NOTICES
Any notice provided for in this Agreement shall be in writing and shall
be served by personal delivery or by certified :nail, return receipt
requested, postage prepaid, at the addresses listed in Schedule B, attached
hereto and incorporated herein by reference. 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 Agreement Monitor or
the County Contact Verson.
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B. RESPONSIBILITY FOR LEGAL PROCEEDINGS
The Town shall be responsible for defending itself and its officers and
employees in any civil action brought against the Town and its officers
and employees by any person claiming injury and damages as a result of the
performance of this Agreement. Likewise, the County shall be responsible
for defending itself and its officers and employees in any civil action
brought against the County and its officers and employees by any person
claiming injury and damages as a result of the performance of this
Agreement. The Town 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 Town, or any
officer or employee thereof, arising out of the performance of this
Agreement.
9, 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 Town and the County, and
nothing contained in this Agreement shall give or allow any claim or right
of actions whatsoever by any other person on this Agreement. It is the
express intention of the Town and County that any entity, other than the
Town 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.
10. 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, notation, 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 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.
li . 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
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without such a provision , to the extent this Agreement is then capable of
execution within the original intent of the parties.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF WELD C NT COLrRADO
BY: _ . BY
ERK TO THE ARD CH
APPROVED AS TO RM:
COUNTY TTORNEY
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ITT`E5T,:''' 4:p TOWN OF JOHNSTOWN
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SCHEDULE A
1. Until further notice is received, the County 's Contact Person shall be:
Lieutenant Kim Fliethman
Lieutenant David Malcom
2. Until further notice is received, the Town 's Agreement Monitor- shall be:
Chief Ken Kroh
P.O. Box 306
108 Charlotte •
Johnstown, CO 80534
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SCHEDULE B
1 . Any notice to County provided for in this Agreement shall be sent to:
Weld County Sheriff's Office
Post Office Box 754
Greeley, CO. 80632
Attention: Operations Lieutenants
.'.. Any notice to Town provided for in this Agreement shall be sent to:
Chief Kenneth Kroh
Post Office Box 306
108 Charlotte
Johnstown , CO. 80534
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