HomeMy WebLinkAbout20032369.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF DONATION OF CIVIL DEFENSE ERA MOBILE
SURGICAL EQUIPMENT TO WELD COUNTY MISSILE SITE MUSEUM, BY ADAMS
COUNTY AND AUTHORIZE CHAIR TO SIGN GENERAL RELEASE
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,Adams County,do James Robinson,County Attorney,450 South 4th Avenue,
Brighton, Colorado 80601-3188, has donated Civil Defense era mobile surgical equipment to the
Weld County Missile Site Museum, and
WHEREAS, it is the policy of Weld County to formally accept all donations via Resolution.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the donation of Civil Defense era mobile surgical equipment by Adams
County be, and hereby is, accepted and designated for use by the Weld County Missile Site
Museum.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign the General Release of said equipment.
BE IT FURTHER RESOLVED by the Board that a copy of this Resolution, along with a
letter of appreciation, be forwarded to Adams County.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign the General Release.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of August, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W CO TY, COLORADO
ATTEST: MkaAtti
avid E. Long, hair
County Clerk to the Board
Robert D. sden, Pro-Tem
1 1861
.����• . , rk to the Board
M. J. Bile
EXCUSED
William . Jerke
�_�_h Y` ✓
r ounty Attor -y a-c€pS
Glenn Vaad
Date of signature: e l'-/7j
2003-2369
BC0033
00 JS, C4
GENERAL RELEASE
GENERAL RELEASE. For and in consideration of the donation of certain
Civil Defense era mobile surgical equipment, the undersigned, on behalf of the Weld
County Office of Emergency Management, and for its heirs, executors, administrators,
trustees, legal representatives and assigns, hereby forever releases and discharges Adams
County and any of its respective past or present agents, employees or assigns (whether
acting as agents for Adams County or in their individual capacities) from any and all
claims, demands, causes of action, and liabilities of any kind whatsoever (upon any legal
or equitable theory, whether contractual, common law, statutory, federal, state, local or
otherwise), whether known or unknown, by reason of any act, omission, transaction or
occurrence, including, but not limited to any claims or causes of action that the Weld
County ever had, now has, or hereafter may have against Adams County for, upon or by
reason of any act, omission, transaction or occurrence stemming from the use or
operation of the donated medical equipment.
COVENANT NOT TO SUE. Weld County covenants not to commence,
maintain, prosecute or participate in any civil action, charge, complaint or proceeding of
any kind, (on its own behalf and/or on behalf of any other person or entity and/or on
behalf of or as a member of any alleged class of persons) in any court, or before any
administrative or investigative body or agency (whether public, quasi-public or private),
except as may be compelled by law, court order, or in response to a valid subpoena with
respect to any act, omission, transaction or occurrence stemming from the use or
operation of the donated medical equipment up to and including the date of the execution
200168;18597 2003-2369
of this Release. Moreover, in the event Weld County has commenced any such civil
action, charge, complaint or proceeding of any kind, it shall, without further
consideration, take such action as may be possible to terminate such proceedings.
NO REPRESENTATIONS. Adams County makes no representations or
guarantees regarding the quality, sterility, or functionality of the equipment, and
explicitly disclaims any knowledge regarding same. Weld County agrees to accept the
equipment "as is."
ATTEST: ,4 1 ,O_COUNTY OF WELD, a political subdivision
ounty Clerk to theBoard '`��lof the STATE OF COLORADO:
E La
1861 - /By: �Q C .
O -- p y s Yerk to the Bcrd David E. Long, airman AUG 13 2003
OR, \ . ; ,/ Board of County Co 'ssioners,
iv 1 ' County of Weld
28476 2
James D. Robinson == Adams County, Colorado
COUNTY ATTORNEY �� 450 SOUTH 4TH AVENUE.BRIGHTON,COLORADO 80601-3188
a (3031654-6116
4.11111
SIM FAX(303)654-6114
July 14, 2003
Mr. Bruce Barker
P.O. Box 758
915 10`h Street
Greeley, CO 80632
Dear Bruce:
Enclosed please find the two (2) originals of the Release. Please have them
executed and return one of them to me.
you for your time and consideration.
Si cerel
David I. Smith
Assistant County Attorney
DDS:smh
cc: Mike Kercheval
BOARD OF COUNTY ELAINE T.VALENTE TED STRICKLAND LARRY W.PACE
COMMISSIONERS: DISTRICT 1 DISTRICT 2 DISTRICT 3
::ODMA\PCDOCS\DOCS\27734\2 PEOPLE, PRIDE AND PROGRESS
CAROL Harding -Fwd: Re: Release for Missile Site Museum Equipment Page 1
From: BRUCE Barker
To: Harding, CAROL
Date: 8/1/03 8:22AM
Subject: Fwd: Re: Release for Missile Site Museum Equipment
I scheduled an agenda item on August 6th for Ed Herring. This is a release for some equipment we got
from Adams County to go into the museum at the Missile Site Park. Can we reschedule that for August
13th? I think Ed should be there. Thanks. Bruce.
CAROL Harding - Re: Release for Missile Site Museum Equipment Page 1
From: EDWIN Herring
To: Barker, BRUCE
Date: 7/31/03 5:38PM
Subject: Re: Release for Missile Site Museum Equipment
I am on vacation from August 1st through August 11th. Please reschedule for August 11th or 13th. Let
me know by voice mail at ext 3990 as last week when I was gone for 10 days I had 1104 emails upon my
return. It took almost all week to go through phone messages, first, then emails. Sorry for the
inconvience again but Pete from the Silo has all the information if you want to go ahead with August 6th.
>>> BRUCE Barker 07/18/03 08:20AM >>>
I got the release back from Adams County and have placed it on the Board's August 6th agenda (9 a.m.).
Please be there to present. Thanks. Bruce.
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