HomeMy WebLinkAbout20052575.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 Weld County Paramedic Services, and the Fort Lupton Fire Protection District,
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 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 Weld County
Paramedic Services, 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 agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 31st day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
�����` WELD COUNTY, COLORADO
ATTEST: ,onsid ����+/ La
William H. rke, Chair
Weld County Clerk tot ` 4 O
`I
%C / M. J. Ge' e, Pr -Tem
BY: •�/t_ Cv' Iz&.9i , , \ i III)
Deputy Clerk to the Bo ,► �I� _ X .�
D \d o {v f3„) ,
AP D AS M:
Robert D. Masden
unty Aft rney EXCUSED
Glenn Vaad
Date of signature:
2005-2575
AM0018
co '. �� Ft La Frru&/ tP.D; 4P en-o-0C
John R. Dent, P.C.
ATTORNEY AT LAW
332 Denver Avenue
Fort Lupton, Colorado 80621
Tel: 303-857-4667 Fax: 303-857-2467 dentlaw@gwest.net
August 26, 2005
Ms. Cindy Giauque AUG 29
'
Weld County Attorneys Office
P.O. Box 758 WELD coUNTy)
Greeley, Colorado 80632 ATTORNEY S OFFICE
RE: Lease Between Fort Lupton Fire and Weld County Ambulance
Cindy:
Enclosed is a copy of the lease approved by the Fire District on Thursday,
August 25th. This copy includes the Fire District's signature by the Chairman, Larry R.
Leinweber. Would you please obtain the appropriate County signatures and return a
signed copy to me for our records. /J
Sincer /
John R. Dent
JRD:lr
Enclosure: Lease as signed by Fort Lupt n Fire
2005-2575
LEASE AGREEMENT BETWEEN FORT LUPTON
FIRE PROTECTION DISTRICT AND WELD COUNTY
PARAMEDIC SERVICE
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 ("BOCC"), 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").
BACKGROUND INFORMATION
A. 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"). FPD would like to lease a portion of Station#2 to WCPS for
temporary 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 deems necessary;
B. 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
locate and operate an ambulance and paramedic service in Fort Lupton. Weld County
would like to lease a portion of Station#2 to provide living quarters for on-duty
Emergency Medical Technicians serving the south part of Weld County and Fort Lupton,
during their shifts ("the living quarters"), and a bay to maintain an ambulance and other
EMS equipment as WCPS deems necessary.
C. The parties wish to formalize their agreement concerning this matter.
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.
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").
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3. Rental. Weld County shall pay to FPD as rent for all uses stated in this Agreement,and
during the term of this Lease Agreement,a total annual payment of$20,000,prorated for
the first term from the date the agreement is signed until December, 2005,payable in
quarterly installments, commencing upon the execution of this Agreement by all parties.
The rental amount may be adjusted on an annual basis, based upon the Denver-Boulder
Consumer Price Index reported for the time period of June through December, 2005, for
the Rental for the year 2006, and for each renewed year term thereafter, based upon the
Denver-Boulder Consumer Price Index reported for the time period of January through
December for the applicable most recent year.
4. Term. The term of this Agreement shall commence on the date of the final signature on
this Agreement, 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 Fire District and Fire Department Guidelines and
Procedures, a copy of which is attached to and incorporated herein as Exhibit C.
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.
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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.
8. Maintenance of the Leased Space and the Facilities 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 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's 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$20.00 per month in addition to the
Rental amount specified in paragraph 3 for Deep Rock water available to WCPS
employees. This amount is based upon average usage for two WCPS employees per
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month on a 24/7 schedule.
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's 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 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
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entire term of this Agreement.
12. Assienment. 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 Lease 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 30 day Notice to Cure the
specified default.
If the default has not been cured within the 30 day cure period,the non-defaulting party
may, in its discretion,terminate this Agreement by providing a written Notice of
Termination specifying a termination date not less than 30 days after the date of the
Termination Notice.
Upon the expiration of the additional 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 Lease
Agreement as a result of a default by the other party.
No waiver of any default or breach of any one 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.
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16. Disputes. Each party shall designate a contact person, currently the persons set forth on
Exhibit B,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 Lease Agreement, for a minimum of thirty days. If, after thirty 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.
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 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 30 days after the damage has been
sustained by the facilities. WCPS may then decide either to terminate the 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's intentions shall be forwarded to FPD within 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 30 days after the damage has been sustained, in which
case, WCPS shall be entitled to terminate the 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 90 days prior to the date of
the issuance of the Notice of Termiation.
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
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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.
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 WITNESS WHEREOF,the parties have hereunto set their hands and seals thisd/sf-
day of An oust-- ,2005.
BOARD OF COUNTY COMMISSIONERS
7
FOR THE COUNTY OF WELD,
STATE OF COLORADO �/��
Al I EST: �61 /,�i"1/v
William H. Jerke, Chair 08/31/2005
r"
r- C t. to the Board
?ilr-1 1911
FORT LUPTON FIRE PROTECTION
DISTRICT 4� �
By.
8
&a95=-a57S
John R. Dent, P.C.
ATTORNEY AT LAW
332 Denver Avenue
Fort Lupton, Colorado 80621
Tel: 303-857-4667 Fax: 303-857-2467 John@dentlawoffice.com
December 1, 2009
Chairman, Weld County Board of Commissioners
915 10th Street
P.O. Box 758
Greeley, CO 80632
RE: Fort Lupton Fire Protection District Lease with Weld County Ambulance
Service for Space at Fire Station #2 in Fort Lupton-Notice of-0%- Rent Adjustment
for 2010
Dear County Commissioners:
Pursuant to the existing lease between the Fort Lupton Fire Protection District and Weld
County, the rent under that existing lease will remain the same throughout the 2010 calendar
year. In other words, there will be a 0% increase in the lease rent for calendar year 2010.
We thank the Ambulance Service and Weld County for continuing to rent from the Fire
Protection District. The Fire District and the community continue to benefit from this
arrangement. _ J
i
Sincerely,
John R. Dent, Attorney for the
( ,/ Fort Lupton Fire Protection District
JRD: ig
cc: Cindy Giauque, Weld County Attorney's Office (e)
Weld County Paramedic Service
Don Warden (e)
Nona Schaefer (e)
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