HomeMy WebLinkAbout940766.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT SPECIAL DUTY AGREEMENT WITH JASON BILLS 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 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, and
Jason Bills, to provide security for a private party at Platte Valley Airpark,
7507 Weld County Road 39, Fort Lupton, Colorado, on August 13, 1994, 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, and Jason
Bills 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 10th day of August, A.D. , 1994.
M144 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, C 44OLORADO
Weld County Clerk to the Board ,/, /� ;
W. . Webster, C a' man
147/
Deputy Clerk to the Bowl.„ :_r Dale Hall, PTem���'/�J
APPROVED AS TO FORM: i �a� .- /-��;�A
cone Baxter
County Att rney Con tance L. Har$ert
l<Q S� %./ /��f�/ J
// arbara J. Kirkm yer
940766
$6)0707;-,
LAW ENFORCEMENT SPECIAL DUTY AGREEMENT
. . THIS. AGREEMENT, .. :made .and:-entered into. this, 8 day of.:August.;. 1994,
by and between the COUNTY OF WELD AND THE WELD COUNTY SHERIFF,' by and
through the Board of County Commi's'sioners of Weld County (hereinafter
referred to as "County") and Jason Bills for music event at Platte Valley
Airpark, 7507 WCR 39, Ft Lupton, CO, hereinafter referred to as
"Contractor. "
WHEREAS, the Contractor is desirous of entering into an
Agreement with the
County for the performance of law enforcement special duty services over and
above the regular law enforcement service level provided by the County Sheriff;
and
WHEREAS, the County is willing to render such special duty services and law
enforcement protection on the terms and conditions set forth in this Agreement;
/and
WHEREAS, such agreements are authorized by Section 30-11-101(1) (d) , C.R.S.,
and the Weld County Home Rule Charter, article III, Section 3-8 (4) (m) , as
amended.
NOW, THEREFORE, for and in consideration of the mutual covenants,
conditions and promises contained herein, the parties hereto agree as follows:
I. ,SERVICES TO BE PROVIDED BY COUNTY
A. Special Duty Deputy Services
The Weld County Sheriff shall provide special duty deputy services
to Contractor to the extent and manner set forth below:
1. Upon notice by Contractor to the County Contact Person,
pursuant to Section II, A. below of Contractor's need for
special duty deputy services the County Contact Person shall
determine the number of special duty deputies to be assigned
to the event. The County Contact Person shall also determine
which personnel to assign to the event.
2. Special duty deputy 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 individual deputy sheriff. An
assigned deputy shall be responsible only for the enforcement
of ordinances and laws of a city, Weld County, or the State of
Colorado. The assigned deputies' authority shall not extend
to the
Page 1 of 9 Pages
940766
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. Upon arrival at a- specified 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 deputy 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 Egiiipme t
The County shall furnish and supply all labor, supervision,
a training, equipment, communications facilities for dispatch, and all
supplies necessary for the provision of the additional level of law
enforcement services to Contractor set forth in this Agreement. The
Contractor 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.
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 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's 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
Page 2 of 9 Pages
940766
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 Contractor's Contact.
Person referenced in' Section II. below. The designated County
Contact Person and the Contractor's Contact Person shall work toward
the common purpose of enhancing the effectiveness of the special
duty deputy services. It is understood that the Contractor's
Contact Person will forward all complaints or concerns from the
Contractor in relation to this Agreement to the County's designated
Contact Person. The County's designated 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.
II. SERVICES PROVIDED BY CONTRACTOR
A. Contractor shall notify County Contact Person at least 15 days prior
to the occurrence of the event requiring special duty deputy
services. Such notice shall provide the date, time, and place where
the event will be held. In addition, the Contractor shall provide
a description of the event and the number of persons expected to
attend the event together with an identification of any special
areas of concern which may affect the extent or nature of special
duty deputy services to be provided. In addition, the notice shall
specify whether the Contractor's Contact Person will be the on-site
official in charge of the event. If not, the notice shall
specifically state the identity of such on-site official in charge.
B. Contractor shall cooperate with the assigned deputies at the event
by making its employees and agents available to sign a complaint or
to serve as witness in applicable circumstances.
C. Contractor Contact Person
In order to administer this Agreement effectively, the Contractor
shall designate a Contact Person. Until further notice is received,
the Contractor's Contact Person shall be the individual named in
Schedule A, attached hereto and incorporated herein by reference.
Any change in the Contractor's Contact Person shall be effective
upon then (10) days advance written notice to the County's Contact
Person. The Contractor's Contact Person and the County's Contact
Person shall work toward the common purpose of enhancing the
effectiveness of the special duty deputy services. The Contractor
Contact
Page 3 of 9 Pages
940766
•
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 complaints and/or concerns and to take prompt action
to address the complaints or concerns.
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 for
Saturday, August 13, 1994, from 11:00 pm to 4:00 am on Sunday, August 14,
1994 for 2 off-duty deputies with vehicles. Any renewal of this Agreement
shall be subject to changes in the hourly rate schedule as provided by the
Weld County Sheriff's Office and which is set forth in Schedule C. County
agrees to notify (Contractor) of any expected changes in said rate
schedule at least ninety (90) days prior to the annual renewal date
hereof.
sIV. 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, " or as otherwise provided
in this Agreement.
." 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
Schedule C, attached hereto and incorporated herein by reference.
B. gj)lina Dates
Within ten (10) days following the last day of a calendar month, the
Weld County Sheriff will provide a written billing statement to
Contractor. Contractor hereby agrees to pay each statement within
forty five (45) days following the month for which these services
are billed. If payment from Contractor is not received by the forty
fifth (45) date, referenced above, 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 Contractor and to
Page 4 of 9 Pages
940766
the Board of Weld County Commissioners pursuant to Section VI. ,
below.
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 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 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 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.
Page 5 of 9 Pages
940766
SINE BY: 8- 9-94 :12:42PM ;KIN(0'S DENVER ThRE£-,303 353 8551 ;# 2/ 2
. - .. .. .... ...._..�. . rmun.VIU !
•
rt. Mille rTODf Zall Q�h
This Agreement and the attaehsd 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
deeded valid or or any force or effect iihateoever, unless mutually agreed
upon in writing by the parties. We breach of any term, provision or
clause of this agreement and the attached Schedules shall be dad waived
or excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any comment. by any
party to, or waiver of, a breach by the other, *Soother axpresa or implied.
shall not constitute a consent, waiver of, or excuse for any other
different or subseequent breach.
XI. ISVERABILUX
Tf 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-
Liteiduct
SOARD D OUCONNTYTY, CE4MISScowman 0�i5
AT'fliBT: or �Y@LD COUNTY, cowman()
By: . / / Sy:
ark to the Board ,
APpPAVBD To VO21
By:
omty Atto ay = p.
trac •r
SUBSCRIBED AND SWORN TO before me this day of August, 1994, by
WITNESS my had and official seal.
Notary Public --
My commission expires: --
Page s of 9 Pages
AUG 9 '94 11 :29 303 623 1138 PRGE. 002
940766
SCHEDULE A
1. Until further notice is received, the County's Contact Person shall be:
Mgr Ken Poncelow
910 10th Ave
Greeley, CO 80631
303-356-4015 ext 4133
2. Until further notice is received, the Contractor's Contact Person shall
be:
Jason Bills
814 S Grant Str
Denver, CO 80209
303-733-4056
Page 7 of 9 Pages
940766
S CBED E
1. Any notice to County provided for in this Agreement shall be sent to:
Mgr Ken Poncelow
910 10th Ave
Greeley, CO 80631
303-356-4015 ext 4133
2. Any notice to Contractor provided for in this Agreement shall be sent to:
Jason Bills
814 S Grant Str
Denver, CO 80209
a 303-733-4056
Page 8 of 9 Pages
940766
s cxE_DUI„PC
1. The hourly rate comprising the contract amount of this
Agreement shall be $30.00 per hour per deputy assigned to the event.
a
Page 9 of 9 Pages
940766
Hello