HomeMy WebLinkAbout910784.tiff SUPPLEMENTAL SERVICE AGREEMENT
A.
THIS AGREEMENT, made and entered into this — day of July, 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 KEENESBURG, 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 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
The Town agrees to provide, at no 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 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
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 $500.00. 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'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 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
Monitor or the County Contact Person.
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8. 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 o£ 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.
11. 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
11.0*,
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: 404,/ OF WELD CO TY CO ORADO
BY: cAliA �l y, /..,t_./ BY
C TO TH OARD CHA
1/S/9/
.}QED AS TO RM:
COUNTTYYTORNEY
ATTEST:
� TOWN
/�OOF///Keenesb erg
BY: / t ER p fl�L� BY ,// s.+4-&-" 042 -
I6WN CLARK MAYOR
APPROVED AS TO FORM:
BY:
T T RNEY
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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:
Mayor Ronald Linnebur
SCHEDULE B
1. Any notice to County provided for in this Agreement shall be sent to:
Weld County Sheriff's Office
Post Office Box 759
Greeley, CO. 80632
Attention: Operations Lieutenants
2. Any notice to Town provided for in this Agreement shall be sent to:
Town of Keenesburg
Attn: Mayor Ronald Linebur
P.O. Box 312
Keenesburg, CO 80643
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