HomeMy WebLinkAbout20112946.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - FORT
LUPTON FIRE PROTECTION DISTRICT
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 Lease Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Paramedic Service, and the Fort Lupton Fire Protection District,
commencing January 1, 2012, and shall automatically renew for five (5) consecutive years, with
further terms and conditions being as stated in said lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease
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 Lease Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Paramedic Service, and the Fort Lupton Fire Protection District be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of November, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: (rb(/� / Lam((c �� 7Ley
Barbara Kirkmeyer/Chair
Weld County Clerk to the Bo /. 4
XCUSED
BY: ian ay, Pro-Tem
Deputy =rk to the Boa t
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F. G rcia
APPROVED AS TO FORM: P �(
David E. Lon
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County attorney al<rm -u
` Douglag Radema her
Date of signature: // /7 J / /
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\,\_0-tt AM0020
LEASE AGREEMENT BETWEEN FORT LUPTON
FIRE PROTECTION DISTRICT AND WELD COUNTY
PARAMEDIC SERVICES
This Agreement is between the Fort Lupton Fire Protection District("FPD"), with
administration offices located at 1121 Denver Avenue, Fort Lupton, CO 80621, and the Board of
County Commissioners for the County of Weld, State of Colorado, on behalf of the Weld County
Paramedic Services ("WCPS"), located at 1121 M Street, Greeley, CO 80631 hereinafter, the two
Weld County entities may be cumulatively referred to as "Weld County."
RECITALS
WHEREAS, FPD operates a fire department with stations located at 1121 Denver
Avenue, Fort Lupton, Colorado ("Station #1"), and 2999 9th Street, Fort Lupton,
Colorado ("Station#2" or "the facilities"); and
WHEREAS, on August 31, 2005, Fort Lupton and the Weld County Board of
Commissioners entered into the Lease Agreement Between Fort Lupton Fire Protection
District and Weld County Paramedic Service ("Prior Agreement") wherein Weld County
leased a portion of Station #2 from FPD allowing WCPS temporary living quarters ("the
living quarters") for on-duty Emergency Medical Technicians serving Fort Lupton and
the south part of Weld County, during their shifts, and a bay to maintain an ambulance
and other EMS equipment as WCPS deemed necessary; and
WHEREAS, the Prior Agreement was amended effective on January 1, 2008 by
the First Amendment to the Lease Agreement as approved by the Weld County
Commissioners and the Board of Fort Lupton Fire Protection District; and
WHEREAS, pursuant to its set term, the Prior Agreement ended on January 1,
2011. Despite the expiration of the Prior Agreement, FPD and Weld County have
continued their lease arrangement as if the terms of the Prior Agreement remained in full
effect. FPD and Weld County desire to again formalize the lease arrangement which has
been beneficial to both FPD and Weld County; and
WHEREAS, WCPS operates paramedic and ambulance services for citizens of
Weld County. Weld County has determined that it would be in the best interests of Weld
County citizens to continue to locate and operate an ambulance and paramedic service in
Fort Lupton.
NOW THEREFORE, in consideration of their mutual promises herein, the parties hereto
agree as follows:
1. RECITALS. The above set forth recitals are incorporated herein by reference as though
fully set forth.
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2011-2946
2. LEASE AGREEMENT. FPD hereby leases to Weld County, and Weld County hereby
leases from FPD, living quarters, consisting of a minimum of two sleeping rooms and a
bathroom, located in the building at Station#2, which are designated by FPD, and
accepted by WCPS, as more particularly set forth on Exhibit A, attached hereto and
incorporated herein, and subject to the terms and conditions set forth in this Agreement.
In addition, WCPS is hereby provided the use of one auto bay at Station #2, comprising a
minimum of 700 square feet to be designated by FPD on Exhibit A, in which to locate
and maintain an ambulance and any EMT equipment that WCPS determines may be
necessary ("the ambulance bay").
3. RENTAL. Weld County shall pay to FPD as rent for all uses stated in this Agreement,
the total payment of twenty-three thousand four-hundred and fifty-two dollars
($23,452.00) for the period from January 1, 2012 until December 31, 2012,payable in
quarterly installments. The rental amount shall be adjusted on an annual basis based
upon any increase or decrease in the U.S. Department of Labor Bureau of Labor Statistics
Consumer Price Index for Denver-Boulder-Greeley ("CPI"). The increase or decrease in
the rental amount shall be calculated by taking the average of the CPI's for the first half
of the year preceding the year in which the increase or decrease will occur and the last
half of the year which is two years prior to the year for which the CPI is being calculated.
For example, to calculate the increase or decrease in 2013 rent, the CPI for the first half
of 2012 would be added to the CPI for the second half of 2011 and divided by two to
arrive at the average CPI that is the basis for the increase or decrease.
4. TERM. The term of this Agreement shall commence on January 1, 2012, and shall
automatically renew on January 1 of each year thereafter, for up to five consecutive
years, unless sooner terminated by either party pursuant to the terms and conditions set
forth herein.
5. USE OF FACILITIES. The parties agree that the common areas in the FPD station shall
be equally available for use by employees of FPD and WCPS. Such areas shall include,
but not be limited to, the kitchen, day room, weight room, laundry area, and the like.
Each party shall ensure that the common areas shall be kept in a tidy and useable manner
after use by their employees.
The parties will use the facilities for their designated purposes. The parties will endeavor
to cooperate and coordinate their activities with the other party's personnel and activities,
provided that neither party will interfere with the other party's requirements to provide
emergency services to the citizens of Weld County and others. The parties acknowledge
that response to an emergency call may result in a slight delay in ensuring that the portion
of the common space being used by the party responding to the call has been left in a tidy
and useable manner immediately after use.
All personnel of both FPD and WCPS, while assigned to shifts at Station #2, will be
subject to, and will follow, existing Station #2 Rules and Regulations.
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6. FURNISHINGS PROVIDED IN LIVING QUARTERS. The living quarters are
currently furnished with desks, chairs, and beds. Such items are provided in the living
quarters pursuant to this lease, but at all times remain the property of FPD. WCPS will
provide general linens for the living quarters only, such as bedding and towels.
Additionally, WCPS will provide computers for the use of WCPS employees only, in the
living quarters. The living quarters may be locked by WCPS when occupied by WCPS
employees. Any modification made to the living quarters or to the ambulance bay will be
performed and funded by WCPS, and must first be approved by FPD in writing, such
approval not to be unreasonably withheld.
7. COMMUNICATION LINES. WCPS will install at the facilities and at WCPS cost, a
dedicated telephone line and any additional communications link, as WCPS may
determine to be necessary. At such time as the installation of a dedicated Greeley
telephone line is completed, FPD may also have access to the use of the line during the
term of this Agreement. Additionally, any dispatch radio service obtained or maintained
by WCPS shall be at WCPS cost. WCPS agrees to make access to Weld County's
Microwave Relay possible at Station#2. WCPS will further be responsible for any
modification to the existing wireless network at Station#2 which may be necessary to
allow WCPS personnel to be "toned out" at Station #2.
WCPS may also use the FPD wireless network to gain access to the Weld network.
WCPS must provide necessary equipment and software to access the Weld network,
including, but not limited to, a Linksys USB wireless adapter and Cisco VPN client.
There are currently two (2) video Dish receivers installed at Fire Station#2 to provide
dish satellite service for the WCPS employees. Because those satellite dish receivers are
attached to the facility, FPD is billed by Dish Network for the service. The cost per
month is $5.00 per receiver. WCPS agrees to reimburse FPD at the rate of$10.00 per
month in addition to the Rental amount, for the use of the satellite receivers.
8. MAINTENANCE OF THE LEASED SPACE AND THE FACILTIES. FPD shall
provide custodial service to the leased space on the same schedule and in the same
manner as custodial service is provided to the remainder of the facilities. WCPS,
however, shall be responsible for all general housekeeping for the living quarters. WCPS
shall have access to the vacuum and any other appliance generally used for such
housekeeping. FPD shall continue to provide paper products and soap as appropriate to
the leased space, and upon the same schedule as such products are provided to the
remainder of the facilities. FPD will make available to WCPS washing machines and
dryers for laundry purposes. WCPS shall be responsible for laundry of items that are
specifically owned by WCPS, or for laundering, disposing of, or other appropriate
treatment of clothing or other items contaminated in the course of work performed by
WCPS. FPD shall provide and designate an area located in the facilities with adequate
water where WCPS may install, at WCPS expense, a sink for WCPS sole use, to clean
and disinfect any equipment or clothing that may contain or may have been exposed to
infectious matter. WCPS shall be responsible for the appropriate disposal of biohazardous
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materials generated as a result of a WCPS emergency call. If general laundry service is
ever available at the facilities, such service shall also be available to WCPS.
FPD shall be solely responsible for the utilities, routine expenses, and other expenses,
including, but not limited to, the performance of any routine, extraordinary or emergency
repairs or maintenance on FPD's facilities. No alteration or improvements contemplated
by FPD will substantially interfere with WCPS use of the facilities leased under this
Agreement. If any equipment or property at the FPD facilities is damaged as a direct
result of use or negligence on the part of WCPS employees, then upon notice from FPD,
WCPS will be responsible for such repair or maintenance.
Additionally, FPD purchases bottled water for the facilities at Station#2, currently
supplied by Deep Rock Water. WCPS agrees to pay $60.00 per quarter (at the beginning
of January, April, July, and October) for Deep Rock water available to WCPS employees
in addition to the Rental amount specified in paragraph 3 of this Agreement.
9. USE AND MAINTENANCE OF AMBULANCE. The parties agree that the ambulance
or equipment, if any, that is located and maintained at the ambulance bay is for the use of
WCPS only. Except in the event of a mutual aid request, FPD's employees or agents are
specifically not authorized to use or operate the ambulance or equipment, if any.
Likewise, WCPS employees are not authorized to use or operate FPD's vehicles and
associated equipment. The parties will routinely so instruct their employees and agents.
WCPS shall be solely responsible for the expenses associated with the ambulance or
equipment, or both, maintained by WCPS in the ambulance bay, including, but not
limited to, the performance of any routine, extraordinary or emergency repairs or
maintenance of the ambulance or equipment, or both. Except for the intentional
misconduct or willful negligence by FPD, its employees or agents, FPD will assume no
liability for the quality or condition of the ambulance or equipment, if any, at any time.
FPD will provide a shore line that is adequate for WCPS to maintain the charge of the
various equipment and heat in any WCPS ambulance located or maintained at the
facilities. Currently, a 30 amp shore line is required to adequately maintain a WCPS
ambulance. Any ambulance housed at Station #2 will, at WCPS expense, be adapted to
utilize the existing plymo vent system in place at Station #2.
10. ACCESS TO THE LIVING QUARTERS AND AMBULANCE BAY. FPD shall
ensure that WCPS and any WCPS employees serving on an assigned shift have access to
the living quarters and ambulance bay at all times so that the ambulance, or equipment,
or both, are available for use in an emergency situation or otherwise, or so that WCPS
may perform necessary repairs or maintenance. WCPS shall secure all access points
when entering or leaving the FPD facilities. WCPS agrees to permit only authorized
employees of WCPS or persons under WCPS direct supervision to enter the FPD
facilities. FPD reserves the right to exclude designated WCPS employees from Station#2
if FPD, in good faith, believes there is an appropriate basis to do so. In the event FPD
intends to exercise such right, FPD will notify the Director of WCPS in writing of the
specific individual or individuals FPD has determined should be excluded from the
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premises, and the grounds for such determination. Upon receipt of such written notice,
WCPS will use its best efforts to ensure that the designated individual or individuals are
excluded from Station#2. If there is a legal ground upon which such exclusion may be
determined to be illegal, WCPS shall immediately notify FPD of such situation, and the
parties shall work in good faith to resolve such situation within thirty (30) days.
11. INSURANCE. Each party to this Agreement shall secure and maintain throughout the
term of this Agreement general comprehensive liability insurance for all claims that may
be applicable to that party. Either party may satisfy its obligations under this paragraph
through a program of self-insurance. Each party shall also carry such insurance as will
protect it from all claims under any worker's compensation laws in effect that may be
applicable to that party. All insurance required hereunder shall remain in force for the
entire term of this Agreement.
12. ASSIGNMENT. This Agreement shall not be assigned without the non-assigning party's
prior written consent.
13. INDEMNITY. To the extent permitted by law, each party agrees to indemnify and hold
the other party harmless against any and all losses, expenses, claims, or causes of action
of every kind and character on account of damages to or loss of any property, or on
account of injury to or death of any person or persons directly or indirectly resulting from
or arising out of this Agreement or the use of the facilities. Notwithstanding any
provision to the contrary, nothing shall be construed to be a waiver of either party's rights
under the Governmental Immunity Act for the State of Colorado.
14. MUTUAL WAIVER AND RELEASE. Except to the extent caused by the other party's
gross negligence or intentional misconduct, each party waives and releases the other
party, its employees, and agents from all claims for any loss, injury, death, or damage to
persons, property, or to either party's business occasioned by act of God, public enemy,
injunction, riot, strike, insurrection, wars, court order, requisition, order of governmental
body or authority, fire, explosion, falling objects, steam, rain, snow, water, leak or flow
of water, or from any other place, or from breakage, leakage, obstruction, or other defects
of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, or lighting fixtures
of the facilities or from construction, repair or alteration of the facilities, or the equipment
or ambulance, if any, or from any cause beyond the control of the other party.
15. DEFAULT. If either party is in default under any of the terms and provisions contained
herein, the non-defaulting party shall notify the defaulting party of the default and shall
first utilize the Dispute Resolution Provisions outlined in paragraph 16 of this Agreement
to remedy such default. If good faith efforts to resolve the default are not successful, the
non-defaulting party shall give the other party a written thirty (30) day Notice to Cure the
specified default.
If the default has not been cured within the thirty (30) day cure period, the non-defaulting
party may, in its discretion, terminate this Agreement by providing a written Notice of
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Termination specifying a termination date not less than thirty (30) days after the date of
the Termination Notice.
Upon the expiration of the additional thirty (30) day period, whether or not this
Agreement was terminated by the non-defaulting party, either party may pursue all
available legal remedies. Each party may,but shall not be required in any case, to
terminate the Agreement as a result of a default by the other party.
No waiver of any default or breach of anyone or more of the conditions or covenants of
this Agreement by either party shall be deemed to imply or constitute a waiver of any
succeeding or other breach thereunder.
16. DISPUTES. Each party shall designate a contact person who will be responsible for
responding to any concerns that are presented by the other party. Each party shall
designate, as part of their scheduling of employees, a supervisor or other person who is in
charge for the shift. If a dispute arises during a shift, the persons in charge of the shift for
each party shall attempt to resolve the dispute. If the dispute cannot be resolved by the
persons in charge of the shift, then each party shall contact the person designated by this
Agreement as the contact person. The contact persons shall then work in good faith to
resolve any dispute that may arise. The parties agree to make a good faith attempt to
resolve any and all disputes that may arise as a result of this Agreement, for a minimum
of thirty (30) days. If, after thirty (30) days, the dispute has not been resolved, and it does
not appear that the dispute will be resolved in the near future, then either party may seek
any other remedy which may be legally available to them.
Contacts:
For Weld County:
Weld County Paramedic Services
David Bressler, Director
1121 M Street
Greeley, Colorado 80631
Phone: (970) 353-5700
Fax: (970) 304-6408
For FDP:
Phil Tiffany, Fire Chief
Fort Lupton Fire Protection District
1121 Denver Avenue
Fort Lupton, Colorado 80621
Phone: (303) 857-4603
Fax: (303) 857-6619
17. NON-EXCLUSIVE AGREEMENT. The parties acknowledge that this Agreement is
not an exclusive agreement for the location of WCPS ambulances or personnel, and that
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WCPS may locate an ambulance or other employees at other locations in south Weld
County, or in or near Fort Lupton, if such action is deemed appropriate by Weld County
in its discretion.
18. DAMAGE TO THE FACILITIES. In the event that the facilities are damaged to the
extent that the facilities cannot be used, if FPD determines to repair the damage or rebuild
the structure, or both, FPD shall so notify WCPS within thirty (30) days after the damage
has been sustained by the facilities. WCPS may then decide either to terminate this
Agreement, or to temporarily locate at another site until the facilities are repaired or
rebuilt. The rent amount shall abate for the period of time that the facilities could not
reasonably be used by WCPS. Notice of WCPS intentions shall be forwarded to FPD
within thirty (30) days after the damage has been sustained, and after FPS has notified
WCPS of its intention to rebuild or repair.
If FPD, in its reasonable judgment, should decide not to repair or rebuild the facilities,
FPD shall so notify WCPS within thirty (30) days after the damage has been sustained, in
which case, WCPS shall be entitled to terminate this Agreement, and be reimbursed pro
rata for any rent amounts previously paid but not yet used.
19. TERMINATION. This Agreement may be terminated by either party at any time by the
terminating party giving the non-terminating party written Notice of Intent to Terminate
specifying a date for termination which shall not be less than ninety (90) days prior to the
date of the issuance of the Notice of Termination.
20. NOTICES. Any notice to be given under this Agreement shall either be hand delivered,
with signed receipt, or mailed to the party to be notified at the address set forth on page
one of this Agreement, until such time as written notice of a change is received from the
party wishing to make a change of address. 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 to the parties is required.
21. PARTIES' RELATIONSHIP. The parties to this Agreement intend that the relationship
between them contemplated by this Agreement is that of independent entities working in
mutual cooperation. No employee, agent, or servant of one party shall be or shall be
deemed to be a employee, agent, or servant of another party to this Agreement.
22. MODIFICATION AND BREACH. This Agreement contains the entire Agreement and
understanding between the parties to this Agreement and 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
shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement 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 hereto, or waiver of, or excuse for any other different or subsequent breach.
Page 7 of 9
23. 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.
24. INUREMENT. This Agreement shall inure to the benefit of the assigns, and successors
in interest of the parties hereto.
25. BUDGET CONSTRAINTS. Nothing in this Agreement shall be construed to require
either of the parties to provide funding for any purpose under this Agreement that has not
previously been budgeted.
26. NO THIRD PARTY ENFORCEMENT. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention
of the undersigned parties that any entity, other than the undersigned parties, receiving
services or benefits under this Agreement, shall be deemed an incidental beneficiary only.
IN WI ESS WHEREOF, the parties have hereunto set their hands and seals this day
of Oveher , 2011.
ATTEST: ,
y I� , _- ate`
CLERK OF THE BOA D ‘1/42
CHAIRMAN OF THE BOARD OF
AEIWELD COUNTY COMMIS
Fils 1
A, ' (.
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Deputy Cler to the Board rb Kirkmeyer
Date: Env 0 tci 2011 Date: t!0V 0 O 2011
Fort Lupton Fire Protection District
ti's c d71,Cc-C Z
-'C'arry Leinweber, President
Date: /0/-; 7/ /1
Page 8 of 9
o.e.C)//- 47
Approved as to form:
4 ;t144,,/ We Coui ty ttorney
Date: 11 'i
()V
n R. Dent,Attorney for Fort Lupton
ire Protection District
Date: /.457,
Approved as to substance:
Dave Bressler
Director of Paramedic Services
Page 9 of 9
Exhibit A
Pursuant to the Lease Agreement Between The Fort Lupton Fire Protection District and
Weld County Paramedic Services, this EXHIBIT A sets forth the specific areas, not including
common areas, which have been mutually agreed upon as sleeping quarters and indoor
ambulance bay parking.
The Weld County Paramedic Service on-duty crew will occupy Room 5 and Room 6 as
identified on the door of each room. These rooms are described as being adjoined by a bathroom
and the only dormitory type rooms located on the northwest side of the living quarters.
The Weld County Paramedic Service Ambulance will occupy East Truck Bay number
3 as numbered from South to North. A space for equipment will be provided on the passenger
side of the ambulance against the wall adjoining the bay.
Any modification of this EXHIBIT A will require a mutual agreement, in writing and
signed by both parties.
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