HomeMy WebLinkAbout940148.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT SPECIAL DUTY AGREEMENT BETWEEN SHERIFF AND
EXEC-TECH, AKA RITCHIE BROS. , 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 by and between the Weld County Sheriff, by and through the Board of
County Commissioners of Weld County, Colorado, and Exec-Tech, aka Ritchie Bros. ,
commencing February 2, 1994, and ending December 31, 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 by and between
the Weld County Sheriff, by and through the Board of County Commissioners of Weld
County, Colorado, and Exec-Tech, aka Ritchie Bros. , 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 2nd day of February, A.D. , 1994.
�� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board `;' Li !, ,
H. Webster / Chairman
BY:
Deputy Cler o the Boar - Dale Hall, Pr Temy
APPROVED AS TO FORM: eog
r e "'Baxter
County Attbrney Constance L. Harbert
/Barbara J. Kirkme er g
940148
CC tXrt is .:_t
$6'0011
LAW ENFORCEMENT SPECIAL DUTY AGREEMENT
THIS AGREEMENT, made and entered into this 22 day of
November, 1993, 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 EXEC-TECH also known as RITCHIE BROS, 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
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940148
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 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 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
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940148
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 . C. , 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
940148
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 from the date of final execution to and
until December 31, 1994 and shall be renewed automatically on
a year-to-year basis thereafter unless sooner terminated by
either party in writing served upon the other party no later
than sixty ( 60) days prior to the expected date of
termination. 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 .
IV. 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. 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 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
940148
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.
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940148
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, 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.
XI . 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 .
satin BOARD OF COUNTY COMMISSIONERS
/✓
ATTEST: OF WELD COUNTY, COLORADO
By:/ �,�t/ �1 - -Ct By: K /1 rY / t
Clerk to the Board p-2/o7/9si
APPROVED TO FORM:
By: �`un y Attorley
am ! — .
Con tor
SUBSCRIBED AND SWORN TO before me this I9d- day of '�utb remer,
X-93-, by S,CEA'e i6,44',C, n'<: . P`m.uak�y
11911 ()
WITNESS my hand and official seal .
it ,() „t
, Notary Public
(My commission expires : cCG .) / �/ �/ 7
Page 6 of 9 Page's
940148
SCHEDULE A
1 . Until further notice is received, the County's Contact Person
shall be:
Mgr Kim Fliethman
910 10th Avenue
Greeley, Colo 80631
356-4015 ext 4629
2 . Until further notice is received, the Contractor' s Contact
Person shall be:
uc:
Page 7 of 9 Pages
940148
SCHEDULE B
1 . Any notice to County provided for in this Agreement shall be
sent to:
Mgr Kim Fliethman
910 10th Avenue
Greeley, Colo 80631
356-4015 ext 4629
2 . Any notice to Contractor provided for in this Agreement shall
be sent to:
Page 8 of 9 Pages
940148
SCHEDULE C
1 . The hourly rate comprising the contract amount of
this Agreement shall be $30.00 per hour per deputy
assigned to the event.
Page 9 of 9 Pages
940148
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