HomeMy WebLinkAbout20031156.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF FIRING RANGE AND AUTHORIZE CHAIR TO
SIGN - BECHTEL BWXT IDAHO, LLC
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 Use of Firing Range
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 Sheriffs Office, and Bechtel BWXT
Idaho, LLC, commencing upon full execution, and ending April 30, 2004, with automatic renewal
from year to year until April 30, 2007, unless sooner terminated, 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 Use of Firing Range 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 Sheriff's Office, and Bechtel BWXT Idaho, LLC, 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 7th day of May, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL\ GUNTYc COLORADO
ATTEST: guid pl C,4J� F.
D yid E. Lo C air
Weld County Clerk to th o I E 9g
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Robert D. asden, Pro-Tem
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Deputy Clerk to the tet(InnP� �tdv
M. J. Geile
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Date of signature: 5-P1-03
2003-1156
SO0024
AGREEMENT FOR USE OF THE
FIRING RANGE
THIS AGREEMENT, made and entered into this rl day of Cr\
2005, by and between the WELD COUNTY SHERIFF'S OFFICE, whose address is 915 90`h
Street, Greeley, Colorado 80631, hereinafter referred to as "Sheriff," and Bechtel BWXT Idaho,
LLC, acting in its capacity as Management and Operating Contractor for the U.S. Department of
Energy under Contract Number AC07-99ID13727, whose address is P.O. Box 1625, Idaho Falls,
ID, hereinafter referred to as "BWXT" or "Contractor."
WHEREAS, Contractor is desirous of entering into an Agreement with Sheriff for the use
of the Wilbur B. Ross Firing Range, hereinafter referred to as "Firing Range," at such times as
agreed upon between the parties, for training or special events held, sponsored, or coordinated by
Contractor; and
WHEREAS, Sheriff is willing to render such use 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 hereto agree as follows:
I. SERVICES TO BE PROVIDED BY SHERIFF
A. Terms and Conditions of use of Firing Range. Sheriff agrees to provide
use of firing range to Contractor 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 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 Contractor.
2. Request for Use of Firing Range. Contractor shall provide written
notice to Sheriff Contact Person pursuant to the terms and
conditions set forth in this Agreement, of Contractor's need to use
the Firing Range. Sheriff Contact Person will then determine the
availability of the Firing Range on the requested date and time.
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2003-1156
3. Labor and Equipment. Sheriff shall furnish all labor, supervision,
and any equipment deemed by Sheriff to be necessary for
Contractor to use the Firing Range. Sheriff, in Sheriff's sole
discretion, shall designate the personnel assigned to the Firing
Range during its use by Contractor.
4. Contractor's Use of Firing Range. Prior to commencement of use
of the Firing Range, Contractor shall notify Sheriff Contact Person
of any circumstances of which the Sheriff's Personnel should be
aware. The commencement and completion times for Contractor's
use of the Firing Range shall be verified by Contractor with Sheriff
Contact Person immediately upon completion of the use.
5. Standards and Procedures. Sheriff shall provide Contractor with
the standards and procedures for the use of Firing Range, and shall
ensure Contractor adheres to such standards and procedures at all
times. If Sheriff believes that such standards and procedures are
not being adhered to by Contractor, Sheriff Personnel may
immediately terminate the particular scheduled use of the Firing
Range by Contractor.
6. Removal of Individuals From Certain Areas. Sheriff shall have the
right, in its sole discretion, to request the removal of any individual
from the Firing Range and premises. Any individual so requested
shall promptly and without protest leave the Firing Range when
requested to do so by an authorized Sheriff employee. Sheriff shall
notify Contractor of such request as soon as practical.
7. Concerns Regarding Performance. Sheriff shall communicate with
Contractor concerning any problems that might arise due to an
individual's performance at the Firing Range. Sheriff Contact
Person and Contractor Contact Person shall work together to
resolve any such issues.
8. Cancellations. Sheriff will notify Contractor no less than
days prior to cancellation if the Sheriff must cancel a previously
scheduled use.
II CONTRACTOR RESPONSIBILITIES
A. When Contractor desires to use the Firing Range, Contractor shall be
responsible for the following:
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1. Contractor Contact Person. Contractor shall designate a Contractor
Contact Person, who, until further notice is received, shall be the
individual named on Schedule A. Any change in the Contractor
Contact Person shall be effective upon ten (10) days advance
written notice to Sheriff.
2. Request for Use of Firing Range. Contractor shall notify Sheriff
Contact Person in writing of the desire to use the Firing Range as
far in advance as possible, but in no case less than thirty (30) days
prior to the occurrence of the event requiring such use. The notice
shall provide the date, time, and description of the event; and the
identification of any special areas of concern which may affect the
extent or nature of the use of the Firing Range. In addition, the
notice shall specify the individual who will be the on-site contact
person during the Firing Range use.
3. Cooperation with Sheriff Standards. Contractor's designated on-
site contact person and any other Contractor employees or agents
attending or participating in the Firing Range Use shall cooperate
with, and comply with any directives given by, Sheriff's employees
or agents. Contractor and Contractor's employees and agents shall
adhere to the rules, regulations,procedures, and standards of
Sheriff.
4. No Third Party Use. Contractor will permit only employees or
agents to participate in the use of the Firing Range.
5. Concerns of Contractor. Contractor Contact Person will forward all
complaints or concerns regarding the use of the Firing Range 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.
6. Cancellations. Contractor must notify Sheriff no less than
days prior to a cancellation, if Contractor must cancel a previously
scheduled use of the Firing Range.
II FINANCIAL PROVISIONS
A. Compensation. Contractor agrees to pay to Sheriff a fee of$3,000.00 per
year for no more than F 2.scheduled uses. If Contractor wishes to
schedule additional uses of the Firing Range, Contractor agrees to pay for
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each scheduled use at a rate to be agreed upon between the parties.
Contractor shall make payment to Sheriff within 'i( ) days after the date
this Agreement is signed by the last of all of the parties hereto.
B. Liability Insurance. Contractor 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 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 Contractor
attending or participating in any way in the use of the Firing Range 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 Firing Range, and which
are not covered by Contractor.
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
Contractor's use of the Firing Range.
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, either party may elect to immediately terminate this Agreement
in whole or in part. If this Agreement is so terminated, the terminating
party must give notice of such termination to the other party 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 both parties. The term of this Agreement shall be from the date of final
execution to and until April 30, 20(4, and shall automatically renew from year to
year until April 30, 2007, unless sooner terminated pursuant to the terms and
conditions set forth in this Agreement.
V. TERMINATION
This Agreement may be unilaterally terminated by either party with or without
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cause by written notice between the Sheriff Contact Person and the Contractor
Contact Person 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. Contractor employees, staff, and agents are not to be considered
Sheriff employees for any purpose and said persons may not hold themselves out
as employees or agents of Sheriff or otherwise make any representation or
commitment on behalf of Sheriff. Sheriff employees, staff, or agents are not to be
considered employees of Contractor for any purpose and may not hold themselves
out as employees, staff or agents of Contractor or otherwise make any
representations or commitments on behalf of Contractor. Neither party shall be in
any way required to provide any pecuniary benefits, salaries, wages, or fringe
benefits to employees, staff or agents of the other party.
Persons coming onto the firing range property for the Contractor are on the firing
range property pursuant to this Agreement with the Weld County Sheriffs Office,
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 Contractor Contact
Person or the Sheriff Contact Person.
VIII RESPONSIBILITY FOR LEGAL PROCEEDINGS
The Contractor shall be responsible for defending itself and its officers and
employees in any civil action brought against the Contractor and its officers and
employees by any person claiming injury and damages 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. The Contractor and its
officers and employees shall not be deemed to assume any liability for intentional
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or negligent acts, errors, or omissions of the Sheriff, or any officer or employee
thereof, arising out of the performance of this Agreement. Likewise, the Sheriff
and its officers and employees shall not be deemed to assume any liability for
intentional or negligent acts, errors or omissions of the Contractor or any officer
or employee thereof, arising out of the performance of the terms of this
Agreement.
Contractor is hereby notified that Sheriffs use of the Firing Range is subject to an
Indemnification and Hold Harmless Agreement with the City of Greeley,
Colorado. To the extent that the indemnification clause applies in any incident or
situation which occurs as a result of Contractor's use of the Firing Range,
Contractor agrees to be bound by the terms and conditions of the said
Indemnification and Hold Harmless 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 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
Neither party may assign this Agreement without prior written consent from the
other party; provided, however, Contractor may assign this Agreement to the U.S.
Department of Energy or to a successor Management and Operating Contractor at
the Idaho National Engineering and Environmental Laboratory (INEEL) without
prior written consent.
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.
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XII CHOICE OF LAW
This Agreement shall be construed in accordance with the laws of the State of
Colorado. It is agreed by both 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. Both parties agree to submit
themselves to the personal jurisdiction of those courts.
XIII BUDGET CONSTRAINTS
Nothing in this Agreement shall be construed to require Sheriff or the Weld
County Commissioners 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 BENEFICIARY 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
tot he 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 COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD,
STATE OF COLORADO ATTEST: il
CLERK TO THE BO *' i•r 4 v.
By: David E. Long, hair 05/07/03 By: iii// . �. fir' .: i`". ^•
Deputy Clerk to the Board
W D COUNTY SHERIFF'S OFFICE
Jo Cooke, Sheriff
NTRACTOR:By: 4 &nS1---
Ted Borst, FSV ISFSI Manager (BWXT)
DOE-ID Contracting Officer Concurrence:
By: —
Bradley G. Bauer �s �, 77 mera,ef T
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