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Home My WebLink About920343.tiff RESOLUTION RE: APPROVE LAW ENFORCEMENT SPECIAL DUTY AGREEMENT BETWEEN WELD COUNTY SHERIFF AND CU CYCLING CLUB 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 Weld County Sheriff and CU Cycling Club, with the 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 Weld County Sheriff and CU Cycling Club 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 20th day of April, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: 41114/4ecueL7 WELD COUNTY, COLORADO Weld Countty Clerkttothe Board Geoo $e K edy, Chairman BY: //x ,�f' w�� 4�� 7ZJ �✓�11� �j�„� c� Deputy Clerk to the Boa Constance L. Ha rt, Pro-Tem APPROVED AS T FORM: EXCUSED C. W. Kirb • County Attorney Gor. Y W. H. Webster 920343 )&r ON c 0 ' C Clx ( tt WELD COUNTY SHERIFF'S OFFICE 910 10TH AVENUE GREELEY, CO 80631 (303) 356-4000 March 18, 1992 CU Cycling Club Drew Chase 3605 Table Mesa Drive Boulder, CO 80303 QUANTITY DESCRIPTION UNIT COST AMOUNT DUE 5 hours Bicycle Race $27.00 $135.00 TOTAL DUE $135.00 ALL INVOICES ARE DUE AND PAYABLE UPON RECEIPT AND ARE DELINQUENT AFTER 15 DAYS. ONE COPY OF THIS INVOICE MUST ACCOMPANY PAYMENT FOR PROPERT CREDIT. Prepared by: .920343 LAW ENFORCEMENT SPECIAL DUTY AGREEMENT THIS AGREEMENT, made and entered into this 18th day of March, 1992, 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 CU CYCLING CLUB, 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 Off-Duty Deputy Services The Weld County Sheriff shall provide special off-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 off-duty deputy services the County Contact Person shall determine the number of off-duty deputies to be assigned to the event. The County Contact Person shall also determine which personnel to assign to the event. 2 . Special off-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 enforcement of rules and regulations made by Page 1 of 10 Pages 920343 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 off-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 off-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 Page 2 of 10 Pages 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 off-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 off-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 off-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 off-duty deputy services . The Contractor Contact Page 3 of 10 Pages rA) 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 . This Agreement shall continue through December 31, 1992, and shall be automatically renewable year to year unless sooner terminated by notice from either party in accordance with Section VI of this Agreement. IV. TERMINATION This Agreement may be unilaterally terminated by either party with or without cause by ten ( 10) 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 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 , Page 4 of 10 Pages Ore-'11--* 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. 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 Page 5 of 10 Pages 020-3 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 . Page 6 of 10 Pages BOARD OF COUNTY COMMISSIONERS ATTEST: 4/(.A�,��,'U`�'�'�,�;�� OF WELD COUNTY, COLORADO ,/�/ By: c - Q� 40� i By Clerk toahe Board y 9-o cy� APPROVED AS TO FORM: By: ( / ounty Attorney Contractor / t2e,f' oP C CcC- C>..cliM C(u4 `�+ SUBSCRIBED AND SWORN TO before me this �� day of January, 19 Mt?, by Anclret ` t'VC1.Se WITNESS my hand and official seal . \ NotarY Public My commission expires : ),mnmissan Eflen g.a 19t ido bales acirns,Cobrado 80503 Page 7 of 10 Pages SCHEDULE A 1 . Until further notice is received, the County' s Contact Person shall be: Lt. Dave Malcom 910 10th Avenue Greeley, CO 80631 356-4000 extension 4649 2 . Until further notice is received, the Contractor' s Contact Person shall be: Drew Chase 3605 Table Mesa Drive Boulder, CO 80303 499-4909 Page 8 of 10 Pages Glace SCHEDULE B 1 . Any notice to County provided for in this Agreement shall be sent to: Lt. Dave Malcom 910 10th Avenue Greeley, CO 80631 356-4000 extension 4649 2 . Any notice to Contractor provided for in this Agreement shall be sent to: Drew Chase 3605 Table Mesa Drive Boulder, CO 80303 499-4909 Page 9 of 10 Pages SCHEDULE C The hourly rate comprising the contract amount of this Agreement shall be $27 . 00 per hour per deputy assigned to the event. Page 10 of 10 Pages Hello