HomeMy WebLinkAbout980911.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT SPECIAL DUTY AGREEMENT AND AUTHORIZE
CHAIR 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 Sheriff's Office, and R.E.I., LLC, 4221
Monaco Street, Denver, Colorado 80216, commencing June 1, 1998, and ending December 31,
1998, 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 Sheriff's Office, and R.E.I., LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 1st day of June, A.D., 1998.
BOARD R OF COUNTY COMMISSIONERS
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W / COUNTY, COLORADO
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d ry S ��/B-12-t-/t
j Constance L. Harb , Chair
Weld County Clerk to tie Board;','..
BY:
t W. H. ebster, 'o
Deputy Clerk to the
rge . Baxter
(APPUOV S TO FO M:
Dale K
Hall
-
County At orney "frith"(
Barbara J. Kirkmeyer
980911
REi SO0016
LAW ENFORCEMENT SPECIAL DUTY AGREEMENT
THIS AGREEMENT, made and entered into this .L 1 day of 19 ?R, by and
between the COUNTY OF WELD, STATE OF COLORADO, on behalf of D WELD
COUNTY SHERIFF,by and through the Board of County Commissioners of Weld County,whose
address is 915 10th Street,Greeley,Colorado 80631,hereinafter collectively referred to as"County",
and, Ile, f, LL 1 whose address is t22/ 4/d,* Wi 4
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hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, Contractor is desirous of entering into an Agreement with the County for the
performance of special duty law enforcement services (hereinafter referred to as "special duty
services") which are in addition to the regular law enforcement services provided by the Weld
County Sheriff on an "as needed" basis for SITE CONSTRUCTION SECURITY AND special
events held, sponsored, or coordinated by Contractor, and
WHEREAS, County is willing to render such special duty services in accordance with the
terms and conditions set forth in this Agreement, and
WHEREAS,this Agreement is authorized by Section 30-11-101(1)(d),C.R.S.,and the Weld
County Home Rule Charter, Section 3-8(4)(m).
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and
promises contained herein, the parties hereto agree as follows:
1. SERVICES PROVIDED BY COUNTY
A. Terms and Conditions of Special Duty Services.
The Weld County Sheriff shall provide special duty services to Contractor on
an"as needed"basis,as determined by Contractor,according to the following
terms and conditions:
1. Notice to County Contract Person. Upon notice by Contractor to the
"County Contact Person" (as defined in Section I, C., below), in
accordance with the conditions set forth in Section II., A., of this
Agreement,of Contractor's need for special duty services,the County
Contact Person shall determine the number of special duty deputies
to assign to the event. The County Contact Person shall also
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determine,in his sole discretion,which Weld County Sheriffs Office
personnel to assign to the event and what their respective duties shall
include.
2. "Special Duty Services" Defined. "Special duty 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 deputy(ies). The assigned
deputy(ies) shall be responsible only for the enforcement of
applicable laws of Weld County and the State of Colorado during the
event for which law enforcement services are requested pursuant to
the Agreement. The assigned deputy(ies)' authority shall not extend
to 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. Communication with Contractor Contact Person. Upon arrival at the
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 services and to be informed
of any circumstances of which the assigned deputy(ies) should be
made aware prior to the commencement of the 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 all labor, supervision, training, equipment,
communications facilities for dispatch, and all supplies necessary for the
provision of the special duty services to Contractor contemplated by this
Agreement and as requested by Contractor. Contractor shall not be liable for
the direct payment of salaries, wages, or other compensation to the assigned
deputy(ies) performing such services. County shall provide the necessary
worker's compensation coverage and unemployment compensation coverage
for the assigned deputy(ies).
The standards and procedures for performance of the terms of this
Agreement, the discipline of the assigned deputy(ies) 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
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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 Contact Person.
The Sheriff or his designee shall act as the County Contact Person for
purposes of the administration of this Agreement. Until and unless further
notice is received, the County Contact Person shall be the individual named
in Schedule A attached hereto and incorporated herein by reference. Any
change in the County Contact Person shall be effective upon written notice
to the Contractor Contact Person referenced in Section II. C., of this
Agreement. The County Contact Person and the Contractor Contact Person
shall work toward the common purpose of enhancing the effectiveness of the
special duty deputy services. It is understood that the Contractor Contact
Person will 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 same.
TI. REQUIREMENTS OF CONTRACTOR
A. Notification of Need for Special Duty Services.
Contractor shall notify County Contact Person of the need for special duty
services at least fifteen (15) days prior to the occurrence of the event
requiring such services. The notice shall provide the date, time, and place
where the event will be held; a description of the event and the number of
persons expected to attend; and the identification of any special areas of
concern which may affect the extent or nature of special duty services to be
provided. In addition,the notice shall specify who will be the on-site official
in charge of the event.
B. Cooperation with Assigned Deputy(ies).
Contractor's designated on-site official and any other Contractor employees
and/or agents attending the event shall cooperate with the assigned
deputy(ies),including,but not limited to,the signing of complaints or serving
as witnesses in applicable circumstances.
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C. Contractor Contact Person.
In order to administer this Agreement effectively,Contractor shall designate
a Contact Person. Until further notice is received, the Contractor Contact
Person shall be the individual named in the attached Schedule A. Any
change in the Contractor Contact Person shall be effective upon ten(10)days
advance written notice to the County Contact Person. The Contractor's
Contact Person and the County Contact Person shall work toward the
common purpose of enhancing the effectiveness of the special duty deputy
services. The Contractor Contact 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 such complaints and/or concerns and to take prompt action to
address the same.
D. Office Area
The contractor will provide an office area and office furniture and equipment
to conduct normal interviews or investigations. Office area is defined as that
space needed within a climate controlled structure including at a minimum
four chairs, a table/desk and access to a working telephone. Minimum area
would be 100 square feet. Access to the office area will be available to
sheriffs deputy(ies) during the term of this agreement. The use of this area
need not be exclusive to the sheriffs deputy(ies) except during the conduct
of of interviews or investigations at which time the sheriffs deputy(ies)shall
have the sole and exclusive access to the office area.
E. Use of Equestrian Center
Contractor will make available the use of the equestrian center to the sheriff
for training purposes at no charge during periods of time when the center is
not being used by contractor for contractor's purposes. Use will be scheduled
at least 15 days in advance between contractor and sheriff The use by the
sheriff for training may include training for sheriffs deputies and posse
members.
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, 1998, and shall be renewed automatically on a year-to-year
basis thereafter unless sooner terminated by either party pursuant to the provisions
of Section IV., "TERMINATION", of this Agreement. Any renewal of this
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Agreement shall be subject to changes in the hourly rate schedule as provided by the
Weld County Sheriffs Office, which is set forth in the attached Schedule C.
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", of 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 the attached Schedule C.
B. Billing Dates.
Within ten (10) days following the last day of any calendar month in which
special duty services were provided by County pursuant to this Agreement,
the Weld County Sheriff will provide a written billing statement to
Contractor. Said billing statement shall set forth the date(s),amounts of time
spent,and billing rate for such services during that month. Contractor agrees
to pay each such statement within forty-five (45) days following the month
for which these services are billed. If payment from Contractor is not
received within said forty-five (45) days, the Sheriff may, in his discretion,
terminate all services 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) in accordance with the notice
requirements of Section VI. of this Agreement.
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 the attached Schedule B, 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.
•
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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
modification, amendment, novation, 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 so 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.
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9so9i
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.
WELD , SHE IFF'S OFFICE BOARD OF WELD COUNTY
COMMISSIONERS
Ed Jord , Weld Sheri
Constance L. Harbert, Chair (06/01/98)
CONTRACTOR:
By: EUelvt"rad7Mgp
UBSCRIBED AND SWORN to before me this A 7 day of o "
19
WITNESS my hand and official seal.
Notary Public
My commission expire ;iy ce,;,i c:st,j E);, ;,2tg
fJJ`4E,,13ER 8, 19;3
M.\wI'FII,ESV AGREE\SHERIFF\EEEBEDRW.AGR
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q8-05/
SCHEDULE A
1. Until further notice is received, the County Contact Person shall be:
Manager Hank Rusch
910 Tenth Avenue
Greeley, CO 80631
(970) 356-4015 ext. 4650
2. Until further notice is received, the Contractor Contact Person shall be:
J a-vv'e FELt-
1 I `im Ee l7 tvt `SLR
1—acizER)ra01) Co �CYL( s
Page 8 of 10 Pages
SCHEDULE B
1. Any notice to County provided for in this Agreement shall be sent to:
Kim Fliethman
Business Manager
910 Tenth Avenue
Greeley, CO 80631
(970) 356-4015 EXT. 4629
2. Any noticeto Contractor provided for in this Agreement shall be sent to:
. JfMtr
1J1}.o V, /7t-4 PI
/i#,(e.t too d co-vs--
Page 9 of 10 Pages
SCHEDULE C
I. Until further notice is received, the County's Contact Person shall be:
Manager Hank Rusch
910 Tenth Avenue
Greeley, CO 80631
(970) 356-4015 ext. 4650
2. Until further notice is received, the Contractor's Agreement Monitor shall be:
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Lam uJC9c)b C O 2s-0 I�
3. The hourly rate comprising the contract amount of this Agreement shall be $33.00
per hour per deputy assigned to the event.
4. The maximum cumulative total for service during the term of this fiscal agreement is
$ —. for fiscal year -- . r D 6,.4M it a
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