HomeMy WebLinkAbout20093006.tiffRESOLUTION
RE: APPROVE PARKING LICENSE 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 Parking License Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the Colorado Department of Military and Veterans Affairs, commencing
March 1, 2011, and ending February 29, 2012, 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 Parking License Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Colorado
Department of Military and Veterans Affairs 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 16th day of November, A.D., 2009.
IEL
ATTEST:
Weld County Clerk to the B. ='rd -s $,
,_y
BY: \\ 1161-11 l �, CL H d�
Depyjty Clerk to the Board
APPROVED AS TO FORM:
Date of signature: IuIYS(0U1
BOARD OF COUNTY COMMISSIONERS
ELD COUNcT7Y, COLORADO
It //
Iliam . Garcia, Chair
Ct r�
Dou•las ' - emache , Pro-Tem
Sean P. Conway
EXCUSED
Barbara Kirkmeyer
EXCUSED
David E. Long
2009-3006
PR0031
cc ,zron-,-,Domeurec S (3.0e_‘&))4071(
PARKING LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), made and entered into this fie:, day of
November, 2009, by and between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of the County of Weld, whose address or principal place of
business is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Licensor,"
and the State of Colorado, acting by and through the Department of Military and Veterans
Affairs (DMVA), 6848 S. Revere Parkway, Centennial, CO 80112, hereinafter referred to as
"Licensee."
In consideration of the mutual promises hereunder, the parties agree as follows:
1. Licensor hereby grants Licensee a non-exclusive license to park privately owned
vehicle(s) in the parking area located at 2950 9th Street, Fort Lupton, Colorado and
delineated on the site plan attached hereto and made a part hereof as Exhibit A
("Licensed Premises"). Only a license to park is granted hereby. No bailment is created.
USE OF COUNTY OWNED PROPERTY: County hereby grants to DMVA, for
the use of the Colorado Army National Guard (COARNG), use of its parking lot at the
County Property for parking during drill weekends, typically one or two weekends per
month, starting March 2011, or upon occupancy of its Readiness Center. County also
agrees to allow the COARNG use of the access road from 9th Street to said parking lot.
There will be no cost to DMVA/COARNG for the use of the parking lot, except as outlined
below. Such parking shall be conducted thereon in the areas and under those rules
which are determined by the County. DMVA/COARNG drill dates are typically on
Saturday and Sunday (7:00 a.m. through 5:00 p.m.), and sometimes on Friday (5:00 p.m.
to 11:00 p.m.). The Weld County Services Building located on County Property is not
open on Saturdays and Sundays, but is open on Friday until 5:00 p.m. On those Fridays
that DMVA/COARNG conducts drill, it may still use County's parking lot, but will be
respectful of persons utilizing the Services Building and completely exhaust its own
parking facilities, first. At no time shall DMVA/COARNG soldiers park in spaces
designated for disabled access or along the access road.
SNOW REMOVAL FROM COUNTY PROPERTY: Snow removal from the
County Property parking lot shall be provided by the County, Monday through Friday, at
the County's cost. There will be no snow removal Saturday and Sunday, unless provided
by DMVA/COARNG at its cost. DMVA/COARNG will provide a central point of contact
for coordinating with County facility maintenance staff regarding inclement weather and
snow removal to ensure the lots are vacated as necessary.
CARE OF PARKING LOT: DMVA/COARNG shall endeavor to cause no
damage to the parking lot, including, but not limited to, any precast concrete curb stops or
cast -in -place concrete curbing or sidewalks. DMVA/COARNG and its personnel will be
responsible for damage that occurs in those areas. However, should minor damage
occur such as small cracks or chips, these will be considered normal wear -and -tear and
2009-3006
Rev. 6/2009 Page 1 of 5
P00031
covered under the County's maintenance program. The same point of contact provided
for Paragraph 3, above, will apply to maintenance coordination. The parking lot is not
landscaped.
2. This Agreement shall commence on the 1st day of March, 2011 and terminate on the
29th day of February, 2012, and shall renew automatically for successive one (1) year
periods thereafter. Either party may terminate this Agreement during the term with thirty
(30) days prior written notice. Should Licensee utilize the Licensed Premises after the
termination date without the benefit of a fully -executed and current Agreement it shall be
deemed to be a license from month to month, subject to all of the other terms of this
Agreement.
3. Notices shall be sent by U.S. registered or certified mail, return receipt requested, and
shall be deemed effective upon posting in the U.S. mail depository with sufficient postage
attached thereto. Notices shall be sent to the following addresses:
Licensor:
Board of County Commissioners
915 Tenth Street
Greeley, CO 80631
Licensee:
CO Dept of Military & Veterans Affairs
Purchasing and Contracts Office
6848 S. Revere Pkwy., Centennial, CO 80112
C: Real Estate Programs
Attn: Real Estate Specialist
1313 Sherman Street, Suite 319
Denver, CO 80203
Licensor shall, unless specified herein to the contrary, maintain the Licensed Premises in
good repair during the term of this Agreement. Licensor shall keep the Licensed
Premises free from ice or snow or other obstruction and shall not impede access to the
Licensed Premises.
5. Licensor warrants and represents to be the owner of, or the authorized representative or
agent of the owner of, the Licensed Premises with full power and authority to execute this
Agreement.
6. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall
be applied in the interpretation, execution and enforcement of this Agreement. Any
provision of this Agreement, whether or not incorporated herein by reference, which
provides for arbitration by any extra -judicial body or person or which is otherwise in
conflict with said laws, rules and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports to negate this
or any other provision in whole or in part shall be valid or enforceable or available in any
action at law whether by way of complaint, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this
Agreement to the extent that this Agreement is capable of execution.
Rev. 6/2009 Page 2 of 5
7. If the Licensed Premises shall be taken by right of eminent domain, in whole or in part,
then this Agreement, at the option of either party, shall forthwith cease and terminate and
the license fee shall be properly apportioned to the date of such taking.
8. In the event the Licensed Premises are rendered unfit for Licensee's purposes by fire or
other casualty, this Agreement will immediately terminate and no license fee shall accrue
to Licensor from the date of such fire or casualty. In the event the Licensed Premises are
damaged by fire or other casualty so that there is partial destruction of the Licensed
Premises or such damage as to render the Licensed Premises partially unfit for
Licensee's purposes, either party may, within five (5) days of such occurrence, terminate
this Agreement by giving written notice to the other party. Such termination shall be
effective not less than fifteen (15) days from the date of mailing of the notice. License
fees shall be apportioned to the effective date of termination.
9. Financial obligations of Licensee payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
10. The signatories aver that to their knowledge, no state employee has any personal or
beneficial interest whatsoever in the service or property described herein.
11. Pursuant to §24-30-202.4 C.R.S., (as amended), the Controller may withhold debts owed
to state agencies under the vendor offset intercept system for: (a) unpaid child support
debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other
charges specified in Article 21, Title 39, C.R.S., (c) unpaid loans due to the student loan
division of the department of higher education; (d) owed amounts required to be paid to
the unemployment compensation fund; and (e) other unpaid debts owing to the state or
any agency thereof, the amount of which is found to be owing as a result of final agency
determination or reduced to judgment as certified by the Controller.
12. Notwithstanding any other provision of this Agreement to the contrary, no term or
condition of this Agreement shall be construed or interpreted as a waiver of any provision
of the Colorado Governmental Immunity Act, §24-10-101 et seq., C.R.S., as now or
hereafter amended. The parties hereto understand and agree that liability for claims for
injuries to persons or property arising out of the negligence of the State of Colorado, its
departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of §24-10-101, et seq., C.R.S., as now or hereafter amended
and §24-30-1501, et seq., C.R.S., as now or hereafter amended. Any provision of this
Agreement, whether or not incorporated herein by reference, shall be controlled, limited
and otherwise modified so as to limit any liability of the Licensee to the above cited laws.
13. This Agreement, including all exhibits, supersedes any and all prior written or oral
agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever unless embodied herein in
writing. No subsequent novation, renewal, addition, deletion or other amendment hereto
Rev. 6/2009 Page 3 of 5
shall have any force or effect unless embodied in a written contract executed and
approved pursuant to the State of Colorado Fiscal Rules.
14. This Agreement shall not be deemed valid until is shall have been approved by the
Controller of the State of Colorado or such assistant as he may designate (the
"Controller").
15. The Licensor agrees to comply with the letter and the spirit of all applicable state and
federal laws respecting discrimination and unfair employment practices.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
STATE OF COLORADO
DEPARTMENT OF PERSONNEL
& ADMINISTRATION
REAL ESTATE PROGRAMS
By:
LICENSOR:
COUNTY OF WELD
William F. Garcia, Chairman
Board of County Commissioners
of Weld County
LICENSEE: NOV 1 6 2009
STATE OF COLORADO
Bill Ritter Jr., Governor
Acting by and through
Department of Military and Veterans Affairs
By:
For the Executive Director
Rev. 6/2009
Page 4 of 5
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The parties are not authorized to begin performance until the
contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to
pay for the goods and/or services provided.
APPROVED: APPROVED:
STATE OF COLORADO STATE OF COLORADO
John W. Suthers, Attorney General David J. McDermott, State Controller
By: By:
Date:
Rev. 6/2009 Page 5 of 5
Bruce Barker
From:
Sent:
To:
Cc:
Subject:
Bruce,
Janet Jones Uanet.jones@dmva.state.co.us]
Wednesday, January 13, 2010 3:24 PM
'Scarimbolo, Domenick J CIV NGCO'
Bruce Barker
RE: National Guard Readiness Center -Parking License Agreement (UNCLASSIFIED)
The contract is fully executed. The State Controller is not required to
sign since there are no funds being expensed with the agreement. The
Attorney General's office does a pre -review and approval of all agreements
for use by State Agencies. Therefore, their signature is not required
either.
Please let me know if you have additional questions.
Thanks,
Janet Jones, Director
Purchasing and Contracts
CO Dept of Military and Veterans Affairs
6848 5. Revere Parkway
Centennial, CO 80112
(720) 250-1541 (phone)
(720) 250-1549 (fax)
janet.jones@dmva.state.co.us
I'd rather be hated for who I am, than loved for who I am not.
-Unknown
Original Message
From: Scarimbolo, Domenick J CIV NGCO
[mailto:domenick.scarimbolo@us.army.mil]
Sent: Wednesday, January 13, 2010 3:14 PM
To: Jones, Janet CIV NGCO
Cc: Bruce Barker
Subject: FW: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Janet:
Please answer Bruce's comment on the parking license agreement.
Thanks, Dom
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Wednesday, January 13, 2010 11:54 AM
To: Scarimbolo, Domenick J CIV NGCO
1
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Domenick:
Today I received the Parking License Agreement, but it was missing the
signatures of the Comptroller and Attorney General. Are those coming or do
I
need to send this to someone to get the signatures?
Thanks!
Bruce Barker
Weld County Attorney
Original Message
From: Scarimbolo, Domenick J CIV NGCO
[mailto:domenick.scarimbolo@us.army.mil]
Sent: Tuesday, January 12, 2010 1:37 PM
To: Bruce Barker
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Bruce:
I understand the Parking License Agreement has been fully executed. An
original is being mailed to you.
Domenick
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Monday, December 07, 2009 5:07 PM
To: Scarimbolo, Domenick J CIV NGCO
Subject: FW: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Domenick:
See the below e-mail.
Bruce Barker
Weld County Attorney.
Original Message
From: Esther Gesick
Sent: Monday, December 07, 2009 3:15 PM
To: Bruce Barker
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Bruce,
Sharon sent the originals out today. See attached as noted on bottom of
2
•
Resolution.
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
Original Message
From: Bruce Barker
Sent: Monday, December 07, 2009 11:56 AM
To: CTB
Cc: Scarimbolo, Domenick J CIV NGCO
Subject: FW: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Have we mailed these documents to Domenick or Janet?
Original Message
From: Scarimbolo, Domenick J CIV NGCO
[mailto:domenick.scarimbolo@us.army.mil]
Sent: Wednesday, December 02, 2009 4:26 PM
To: Bruce Barker
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Bruce:
As a follow-up I haven't received the signed agreements, nor has Janet Jones
over in Contracting.
Have you mailed the documents? If so, to whom.
Thanks, Dom
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Monday, November 16, 2009 4:22 PM
To: Scarimbolo, Domenick J CIV NGCO
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Yes, and they were approved by the Board of County Commissioners today.
Original Message
From: Scarimbolo, Domenick J CIV NGCO
[mailto:domenick. scarimbolo@us.army.mil]
Sent: Monday, November 16, 2009 4:20 PM
To: Bruce Barker
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Bruce:
The agreements were mailed to you last week.
Please let me know if you have received them.
Thanks, Dom
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Wednesday, November 04, 2009 9:21 AM
To: Scarimbolo, Domenick J CIV NGCO
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Domenick:
That will be great. Thanks. I will wait to get the 4 originals from you
and
then will put on the agenda for approval by the Board of County
Commissioners.
Bruce Barker
Weld County Attorney.
Original Message
From: Scarimbolo, Domenick J CIV NGCO
[mailto:domenick.scarimbolo@us.army.mil]
Sent: Wednesday, November 04, 2009 7:17 AM
To: Bruce Barker
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Bruce:
I have received approval to proceed ahead with the version of the parking
license agreement that you provided back in June. It is attached for
reference.
We will provide you with four originals of the agreement that are signed by
the Department of Military and Veterans Affairs representative. Once Weld
County has signed, the agreements will then be taken downtown for final
signatures.
Let me know if this is acceptable, and I'll mail the documents to the
address
you mention below.
I can be reached at 720-250-1372 if you wish to discuss.
Thanks, Domenick
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Sunday, June 07, 2009 10:08 PM
To: Scarimbolo, Domenick J CIV NGCO; Toby Taylor
Cc: Jones, Janet CIV NGCO; William Garcia; Monica Mika
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Domenick:
I have to put my foot down on this one. I refuse to have the Board of
County
Commissioners sign a draft agreement with highlights, strikeouts, and the
language at the top which appears to be intended to give some sort of final
authority to the Attorney General and Controller, just because the AG wants
it that way. If the State wants to contract with Weld County, it will have
to be with the agreement I revised and sent to you. Period. It is also
attached to this e-mail. Also attached is the pdf version you sent me.
Weld County is not a "Vendor." The County is willing to support the
National
Guard with the parking it needs, but in return, the National Guard had
better
realize that the County will do so only in a professional manner with an
agreement which we can both be proud of. The version you sent to me does
not
meet that goal.
I will be out of town until Thursday, June 11th. If you wish to discuss,
please call me at (970) 356-4000, ext. 4390, on Thursday.
Bruce Barker
Weld County Attorney
From: Scarimbolo, Domenick J CIV NGCO[domenick.scarimbolo@us.army.mil]
Sent: Wednesday, June 03, 2009 7:46 AM
To: Bruce Barker; Toby Taylor
Cc: janet.jones@dmva.state.co.us
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Bruce:
Thanks for moving forward with the parking license agreement.
I left you a message yesterday since I received the following two comments
from our Contracting Department:
1. Unfortnately, when they "cleaned" up the form, they missed the
requirement at the top of the page that states that any additions are in
bold
and deletions are to by strike out.
2.In the current form, I cannot submit the License Agreement for
approval. In addition, the State requires that the Vendor sign the
agreement
before the State.
I'd like to schedule a short conference call to discuss these items. We
have
availability anytime tomorrow except between 10am-12pm, or next Tuesday
before 10 AM.
Let us know what works best in your schedule.
Thanks, Domenick
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Thursday, May 28, 2009 1:35 PM
To: Scarimbolo, Domenick J CIV NGCO; Toby Taylor
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Domenick:
Attached is the license agreement after being cleaned up. The only changes
are that the strikeout has been deleted, and the bold portions have been set
to regular type. Formatting of the notice provision and the signatures has
also been done.
The Board of County Commissioners requires that any agreement submitted for
approval and signature for the Board be signed before being placed on the
Board's agenda. Please sign 5 originals and send them to me at: P.O. box
758, 915 10th Street, Greeley, CO 80634. Once I received them, I will
place
them on the Board's agenda for approval and signature.
The Board's Resolution will act as authority that the Chairman's signature
is
authorized by the Board.
Please feel free to call me if you have any questions. I may be reached at
(970) 356-4000.
Bruce Barker
Weld County Attorney
Original Message
From: Scarimbolo, Domenick J CIV NGCO
[mailto:domenick.scarimbolo@us.army.mil]
Sent: Monday, May 11, 2009 1:58 PM
To: Toby Taylor
Cc: Bruce Barker
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
•
Classification: UNCLASSIFIED
Caveats: NONE
Toby:
Here is the updated document in pdf.
Please mail me five (5) signed originals, and I'll get the rest of the
signatures.
Our contracting dept has also asked for documentation that verifies that the
person signing has the authority to do so.
Thanks, Dom
Original Message
From: Toby Taylor [mailto:TTaylor@co.weld.co.us]
Sent: Friday, May 08, 2009 8:07 AM
To: Scarimbolo, Domenick 3 CIV NGCO
Cc: Bruce Barker
Subject: FW: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Domenick,
Please review associated changes. Once you are satisfied, let us know and
we'll go for signatures.
Toby Taylor
Building Maintenance Coordinator
Voice: (970) 304-6531
Fax: (970) 304-6532
1105 H Street
P.O. Box 758
Greeley, CO 80632
Original Message
From: Bruce Barker
Sent: Thursday, May 07, 2009 11:17 AM
To: Toby Taylor
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Toby:
See the attached. The only changes I made to it were to delete the
paragraphs regarding tax liability and Licensor indemnification. I also
renumbered. The paragraph on tax liability is not necessary, because we are
not charging for the license,
Bruce.
Original Message
From: Toby Taylor
Sent: Wednesday, May 06, 2009 11:12 AM
To: Bruce Barker
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Bruce,
We aren't going to charge them.
From: Bruce Barker
Sent: Wednesday, May 06, 2009 9:45 AM
To: Toby Taylor
Subject: RE: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Toby:
Are we going to charge them for the use? I see they struck out paragraph 2,
but not the other paragraphs dealing with payment. I should strike those,
too, if no payment is included.
Bruce.
Original Message
From: Toby Taylor
Sent: Wednesday, May 06, 2009 7:31 AM
To: Bruce Barker
Subject: FW: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Bruce,
Attached is the agreement the Guard has reviewed and resubmitted for the
Commissioner's to approve. If you have changes we need, they've requested
to
see those prior to finalization. Please review so we can obtain signatures.
Thanks.
From: Scarimbolo, Domenick J CIV NGCO[domenick.scarimbolo@us.army.mil]
Sent: Wednesday, May 06, 2009 5:57 AM
To: Toby Taylor
Subject: National Guard Readiness Center -Parking License Agreement
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Toby:
As discussed, attached is the parking agreement.
Please return five (5) signed originals, sent back to my attention, for
further signatures.
My address is:
6848 South Revere Parkway
Centennial, Colorado 80112
Thanks, Dom
Domenick Scarimbolo, P.E.
MILCON Project Manager
Colorado Department of Military and Veterans Affairs
domenick.scarimbolo@us.army.mil
(ph) 720-250-1372
(fax) 720-250-1379
(cell) 303-517-9468
Classification: UNCLASSIFIED
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