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Home My WebLink About911426.tiff RESOLUTION RE: APPROVE SUPPLEMENTAL SERVICE AGREEMENT FOR PATROL SERVICES AND AUTHORIZE CHAIRMAN TO SIGN - TOWN OF MILLIKEN 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 Supplemental Service Agreement with the Town of Milliken for patrol services by the Weld County Sheriff's Department, commencing December 9, 1991, and ending December 31, 1991, with the 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 Supplemental Service Agreement with the Town of Milliken 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 vyote on the 9th day of December, A.D. , 1991. P . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD CO TY, COLORADO Weld County Clerk to the Board Go ac Chairman 1� By: Deputy Clerk to the Board /eooO/y/ge Kenn dy, Pro-Tem APPROVED AS FORM: 1 JZs.�-mot C �-�" ' r/4' 1e/ Constance L. Harbert ta County Attorney C. W. Kir y W. H. Webster 911426 S.0 OCC j Gc SG ,17/41-,//ceiV SUPPLEMENTAL SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 5th day of October, 1991, 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 MILLIKEN, 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-end--above-the-regu�lar_l,aw enforcement_aerv-ice 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, Lhe 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—caee,._the_Sheriff-,--in--hie discretion cmay—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 violatione. • 2. ' Investigation of traffic accidents. C. Exceptions to Service The County will not impound, contain or transport animals at large or bollect trash dumped or deposited in violation of the Town Ordinancee in the absence of a separate written agreement for such service. 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 malaria's:, wages, or other compensation to County personnel performing the services set forth in this Agreement on behalf of the County. The County shall 911426 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 in Section 6.A. F. 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 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 Person. 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. 2. SERVICES PROVIDED BY TOWN A. Town Facilities ( ' V' 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. Agreement 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 Ccntact 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 91.426 i . pi 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 terme 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 to the other party in accordance with Section 7, "Notices", or ae 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 ma be billed for services during the terms of this Agreement is $ 5 0 0, go 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. Weld County Court and Weld District Court Appearances The Town will not be required to reimburse County for appearances by Weld Sheriff'e 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. • 9 .1..42 • II D. Payment - I 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 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 Agreement -I Monitor or the County Contact Person. !r:� Ire 8. RESPONSIBILITY FOR LEGAL PROCEEDINGS U IT The 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 I 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 91.14,010 • 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 havewaived 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. 11. SEVERABILITYIf any - term or condition of thiss a be illegal or unenforceable, this Agreement shall be construed and enforced without such a provision, to the extent this Agreement is then capable of exe tion it n t original intent of the parties. �� BOARD OF COUNTY COMMISSIONERS OF WELD C , COLORADO � ATTEST:_) 7 BY: �• CH /a/D9/9/ i G _ �� BY ,� CLERK TO T A �_- APPROVED AS TO RM: B . �� CJ1i a.e__ COUNTY TTORNEY ' ATTEST: � ��/�M TOWN OF MILLI KgE�NtI BY: 4 4 BY TOW C RK MAYOR •i' APPROVED AS TO FORM: BY: TOWN ATTORNEY i i 91-1426 • SCHEDULE A 1. Until further notice is received, the County's Contact Person shall be: Lieutenant Rim Fliethman Lieutenant David Malcom 2. Until further notice is received, the Town's Agreement Monitor shall be: (� CSgY'IC' Chief Jess-ph Oer-ken RC--�.1ne �`Siie l ,T\-acE 1 • P.O. Box 286 Milliken, CO 80543 • • • • • • • I t I 911426 I i SCIIEDULE B 1. Any notice to County provided for in this Agreement shall be sent to: Weld County Sheriff's Office Poet Office Box 759 Greeley, CO. 80632 Attention: Operations Lieutenants 2. Any notice to Town provided for in this Agreement shall be sent to: / Poet Office Box 286 Milliken, CO 80543 I 913 42Co Hello