HomeMy WebLinkAbout20061458.tiff RESOLUTION
RE: APPROVEAGREEMENT FOR THE USE OF THE WELD COUNTY TRAINING CENTER
AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY
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 an Agreement for the Use of the Weld
County Training Center between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County,on behalf of the Office of Emergency Management,and
the City of Greeley Office of Emergency Management,commencing upon full execution,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 Agreement for the Use of the Weld County Training Center between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Office of Emergency Management, and the City of Greeley Office of
Emergency Management 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 31st day of May, A.D., 2006.
E rs. BOARD OF CSUNTY COMMISSIONERS
a\ ELD CO A , COLORADO
ATTEST: Pm,
!•_��I��l�''��
. J. ile, Chair
Weld County Clerk to the =iCir
David E. Long, Pro-Tem
BY: ittitailf
De ty Cle to the Board
Wil''\m,H. Jer
AP O DAST
bert D. Malden
o my Att ey .��� w dizek
Glenn Vaad
Date of signature: CPI Sib LP
2006-1458
C'C ; "C G�a- z�-y d6 0�9 ob
THE CITY OF GREELEY, COLORADO
RESOLUTION 24 , 2006
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT AND
THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, STATE OF
COLORADO, HEREINAFTER REFERRED TO AS "SHERIFF" OR "WELD COUNTY" AND THE
CITY OF GREELEY OFFICE OF EMERGENCY MANAGEMENT AND THE CITY OF GREELEY,
COLORADO HEREINAFTER REFERRED TO AS "GREELEY" AND UNION COLONY FIRE
RESCUE AUTHORITY"UCFRA".
WHEREAS, Greeley and UCFRA would like to enter into an Agreement with Weld County for
the cooperative use of the Weld County Training Center for training and special events held, sponsored or
coordinated by the parties; and
WHEREAS, the Sheriff of Weld County shall act as the contact person for use of said Training
Center; and
WHEREAS, Greeley would also use designated space in the Training Center for office space for
its designated emergency management representative from UCFRA; and
WHEREAS, in the event of an incident or other situation defined as an emergency, the Training
Center shall be used in cooperation with Weld County as an Emergency Operation Center;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GREELEY,COLORADO:
1. The City Council hereby authorizes the Mayor to enter into the Intergovernmental Agreement
and Addendum attached hereto and incorporated herein as Exhibit"A".
2. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 16th day of
May , 2006.
ATTEST:
THE CITY OF GREELEY, COLORADO
A . tibtaild cL...- -
City Cl Thomas E. Selders,Mayor
2006-1458
AGREEMENT FOR USE OF
THE TRAINING CENTER
THIS AGREEMENT, made and entered into this day of .A 2y , 2006, by
and between the WELD COUNTY OFFICE OF EMERGENCY MANAGEMMENT and the
BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, STATE OF
COLORADO, whose address is 915 10th Street, Greeley, Colorado 80632, hereinafter referred to
as "Sheriff" or"Weld County"; the CITY OF GREELEY OFFICE OF EMERGENCY
MANAGEMENT and the CITY OF GREELEY, whose address is 1000 10th Street,Greeley,
Colorado 80631, hereinafter referred to as "GREELEY"; and the UNION COLONY FIRE
RESCUE AUTHORITY, hereinafter referred to as "UCFRA"(GREELEY and UCFRA may
sometimes cumulatively be referred to as "the OEM parties").
WHEREAS, GREELEY and UCFRA would like to enter into an Agreement with Weld
County for the use of the Weld County Training Center, hereinafter referred to as the"Training
Center," at such times as agreed upon between the parties, for training or special events held,
sponsored, or coordinated by the OEM Parties or any of them; and
WHEREAS, GREELEY would like to also use designated space in the Training Center
for office space for its designated OEM representative; and
WHEREAS, the OEM Parties would like to enter into an Agreement with Weld County
to use the Training Center as an emergency operations center in the event of such an emergency;
and
WHEREAS, Weld County is willing to render such uses 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 to this Agreement agree as follows:
1. USE OF THE TRAINING CENTER FOR GENERAL TRAINING
A. Terms and Conditions of use of Training Center. Weld County agrees to provide the
use of the Training Center to the OEM Parties, or any of them, according to the following terms
and conditions:
1. Sheriff Contact Person. The Weld County Sheriff or his designee shall act as the
Sheriff Contact Person for purposes of the administration of this Agreement. Until and unless
further notice is received, the Sheriff Contact Person shall be the individual named in Schedule A
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attached hereto and incorporated herein by reference. Any change in the Sheriff Contact Person
shall be effective upon ten(10) days advance written notice to the OEM Parties.
2. Request for Use of Training Center. If either of the OEM Parties desires to use the
Training Center for general training, such OEM Party shall provide written notice to Sheriff
Contact Person pursuant to the terms and conditions set forth in this Agreement, of the OEM
Party's need to use the Training Center. Sheriff Contact Person will then determine the
availability of the Training Center on the requested date and time, as well as the availability of
the Sheriff Contact Person, or his or her designee, to be present to provide access to the Training
Center. The requesting OEM Party shall then contact Weld County Personnel Department to
reserve the use of the Training Center. Sheriff, in Sheriff's sole discretion, shall designate the
personnel assigned to the Training Center during its use by any of the OEM Parties. The notice
presented by the OEM Party shall also specify the individual who will be the on-site contact
person for the relevant OEM Party during the Training Center use.
3. Use of Training Center. Prior to commencement of use of the Training Center, the
OEM Party using the Training Center shall notify Sheriff Contact Person of any circumstances of
which the Sheriffs personnel should be aware. The commencement and completion times for
the relevant OEM Party's use of the Training Center shall be verified by the OEM Party with
Sheriff Contact Person immediately upon completion of use.
4. Standards and Procedures. Sheriff shall provide the OEM Parties with the standards
and procedures for the use of the Training Center, and shall ensure that the OEM Parties adhere
to such standards and procedures at all times. If Sheriff believes that such standards and
procedures are not being adhered to by the OEM Parties, Sheriff Personnel may immediately
terminate the particular scheduled use of the Training Center by the relevant OEM Party.
5. Removal of Individuals from Certain Areas. Sheriff Contact Person, or his or her
designee, shall have the right, in his or her sole discretion, to request the removal of any
individual from the Training Center and premises. Any individual so requested shall promptly
and without protest leave the Training Center when requested to do so by an authorized Sheriff
or Weld County employee. Sheriff shall notify the relevant OEM Party of such request as soon
as practical.
6. Concerns Regarding the Use of the Training Center or an Individual's Performance.
Sheriff shall communicate with the appropriate OEM Party or Parties concerning any problems
that might arise due to the use of the Training Center or an individual's performance at the
Training Center. Sheriff Contact Person and the appropriate OEM Party or Parties' Contact
Person shall work together to resolve any such issues.
7. OEM Parties Contact Persons. The OEM Parties shall each designate a Contact
Person, one for GREELEY, and one for UCFRA, who,until further notice is received, shall be
the individuals named on Schedule A. Any change in the designated Contact Person for each of
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the OEM Parties shall be effective upon ten (10) days advance written notice to all of the other
parties to this Agreement.
8. Cooperation with Sheriff Standards. OEM Parties's designated on-site contact person
and any other OEM Parties employees or agents attending or participating in the Training Center
use shall cooperate with, and comply with any directives given by Sheriff's employees or agents.
OEM Parties and OEM Parties's employees and agents shall adhere to the rules, regulations,
procedures, and standards of Sheriff.
9. No Third Party Use. OEM Parties will permit only employees or agents of the OEM
Parties to participate in the use of the Training Center.
10. Concerns of OEM Parties. The OEM Party's Contact Person will forward all
complaints or concerns regarding the use of the Training Center or related to this Agreement to
Sheriff Contact Person. Sheriff Contact Person will make all reasonable efforts to timely and
appropriately respond to complaints and/or concerns.
11. Cancellations. If an OEM Party must cancel a previously scheduled use of the
Training Center, the OEM Party must notify Sheriff no less than three (3) days prior to
cancellation.
II. ESTABLISHMENT OF OEM OFFICE
12. Designation of Office Space. GREELEY is hereby granted leave to establish an
office for its OEM officer at the Training Center, such office to be located in the space
designated by Weld County. The office shall be provided solely for the use of the OEM officer
designated by GREELEY, and shall be used solely for that purpose until such time as Weld
County provides notice that the designated space will no longer be made available, as further
provided in this Agreement. GREELEY shall provide the furnishings for the designated office
space, including, but not limited to, computers and supporting furniture that GREELEY's
designated OEM officer will use.
13. Installation of fiber for use with the computers. All of the parties to this Agreement
agree that UCFRA shall be responsible for the installation of adequate fiber to provide service to
computers being used by GREELEY and the OEM officer. All such fiber shall be installed as
specified by the Weld County Sheriff. Plans or drawings sufficient to indicate where the fiber is
intended to be installed shall be presented to the Weld County Sheriff prior to installation, and
must be approved in writing by the Weld County Sheriff prior to installation.
III. USE OF TRAINING CENTER IN EMERGENCY SITUATIONS
14. Emergency Situations. In the event of an incident or other situation defined as an
emergency that should be handled or under the jurisdiction of the Office of Emergency
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Management, it is the intent of Weld County and the OEM Parties that the Training Center shall
be used as an emergency operation center. The parties to this Agreement agree to work together
to use the Training Center as needed and as appropriate to handle the emergency incident or
situation and to arrive at a successful outcome.
III. FINANCIAL PROVISIONS
A. Compensation. The parties agree that no monies will be paid by any party to any other
party for rent or use of the Training Center facilities under the terms and conditions of this
Agreement, and that mutual benefits contained herein accruing constitute sufficient consideration
therefor.
B. Liability Insurance. OEM Parties shall maintain liability insurance coverage or
financial responsibility acceptable to Sheriff as assurance of its accountability for any such
losses, claims, liabilities, or expenses.
Sheriff and/or Weld County shall maintain liability insurance coverage or financial
responsibility as assurance of its accountability for any such losses, claims, liabilities, or
expenses.
C. Responsibility for Illness or Injury. Employees or Agents of OEM Parties attending
or participating in any way in the use of the Training Center shall be responsible for payment of
all medical bills for injuries or illness which may occur during, or as a result of, the use of the
Training Center, and which are not covered by OEM Parties.
D. Workers' Compensation. Each party shall maintain workers' compensation insurance
coverage, to the extent such coverage is required, for all employees or agents who may be present
in any capacity during OEM Parties's use of the Training Center.
E. Insurance Information. Upon request, each party shall provide to the other party
information regarding relevant insurance and/or financial responsibility pursuant to this
Agreement. In the event that the insurance coverage for that party is canceled in whole or in part
or is no longer available,any party may elect to immediately terminate this Agreement in whole
or in part. If this Agreement is so terminated in whole or in part, the terminating party must give
notice of such termination to the other parties to this Agreement as hereinafter set forth, within
three days after termination.
IV. AGREEMENT TERM This Agreement shall be effective upon final execution by the
appropriate officers of all the parties to this Agreement, and shall continue for one year, after
which this Agreement shall automatically renew from year to year unless sooner terminated
pursuant to the terms and conditions set forth in this Agreement.
V TERMINATION This Agreement may be unilaterally terminated by any party with or
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without cause by written notice between the Sheriff Contact Person and the Contact Persons for
the OEM Parties with 30 days advance written notice.
VI 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. Employees, staff, and agents of any one party hereto are not to be considered
employees, staff or agents of any other party hereto for any purpose and said persons may not
hold themselves out as employees or agents of any other party hereto or otherwise make any
representation or commitment on behalf of any other party hereto. No party shall be in any way
required to provide any pecuniary benefits, salaries, wages, or fringe benefits to employees, staff
or agents of any other party.
Persons coming onto the Training Center property for purposes of the OEM Parties are on the
Training Center property pursuant to this Agreement with Weld County, and are not considered
to be invitees of Weld County or the Board of County Commissioners for Weld County.
VII 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. This method of notification will be used in
all instances, except for emergency situations when immediate notification may be provided to
the OEM Parties Contact Person or the Sheriff Contact Person, whichever is applicable.
VIII RESPONSIBILITY FOR LEGAL PROCEEDINGS GREELEY and UCFRA,
individually and/or collectively, shall be responsible for defending themselves and their officers
and employees in any civil action brought against GREELEY or UCFRA, or both, and their
officers and employees by any person claiming injury or damages or both as a result of the
performance of this Agreement. Likewise, Sheriff shall be responsible for defending itself and
its officers and employees in any civil action brought against the Sheriff and its officers and
employees by any person claiming injury and damages as a result of the performance of this
Agreement. OEM Parties and their officers and employees shall not be deemed to assume any
liability for intentional or negligent acts, errors, or omissions of the Sheriff, or any officer or
employee thereof, arising out of the performance of this Agreement. Likewise, Weld County, the
Sheriff, and its officers and employees shall not be deemed to assume any liability for intentional
or negligent acts, errors or omissions of OEM Parties or any officer or employee thereof, arising
out of the performance of the terms of this Agreement.
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
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agreed upon in writing by the parties. No breach or 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.
X. ASSIGNMENT No party may assign this Agreement without prior written consent
from the other parties.
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.
XII CHOICE OF LAW This Agreement shall be construed in accordance with the laws of
the State of Colorado. It is agreed by all parties that any causes of action arising out of this
Agreement shall be venued in the courts of Weld County, Colorado, to the extent that those
courts are reposed with subject matter jurisdiction, or in Denver, Colorado if the case must be
heard in federal court. All parties agree to submit themselves to the personal jurisdiction of those
courts.
XIII. BUDGET CONSTRAINTS Nothing in this Agreement shall be construed to require
any party to provide funding for any purpose under this Agreement that has not previously been
budgeted.
XIV. COMPLIANCE WITH PUBLIC OFFICE LAWS The signatories hereto agree that they
are familiar with Section 188-301 C.R.S., et.seq. (Bribery and Corrupt Influence)and Section 18-
8-401 C.R.S., et.seq. (Abuse of Public Office), as amended, and that no violation of such
provisions is present. The signatories hereto state that to the best of their knowledge, no State
employee has any personal or beneficial interest whatsoever in the service or property described
herein.
XV. 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 claim 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.
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IN WITNESS WHEREOF, the parties have hereunto signed this Agreement, effective the
date and year above stated.
BOARD OF O COMMISSIONERS
FOR COUNTY
THE OF WELD
STATE OF COLORADO ��. ATTEST:
IE L A'�ERK TO THE BOARD
By: J. Geile, Chair MAY y:�(4 1 e 14-CalLt-
� �. � ��eputy � -rk to the Board
LD COUNTY SHERIFF'S 0 FICE
o !Cooke, Sheriff
I` o • COL 6,N IRE ' .CUE AUTHORITY
1 � ,
ter/I 0 i r
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THE CITY OF GREELEY, COLORADO,
a municipal corporation, by and Through the City Council
By: i2 P2 c t c—
Mayor
ATTEST:
A. j.frCity Clerk(I
APPROVED UU AS TO L GAL FORM:
By: e�—�—
City tto ey
APPROV I AS TO B'.TANCE:
d1:�uit-By: �...�
Cit, �:i<_��•i�
AS TO AVAILABILITY OF FUNDS:
By:
Director o ce
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