HomeMy WebLinkAbout20033359.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL INDEMNITY AND HOLD HARMLESS
AGREEMENT FOR USE OF WELD COUNTY GARAGE BUILDING AND AUTHORIZE
CHAIR TO SIGN - UNION COLONY FIRE RESCUE AUTHORITY
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 Intergovernmental Indemnity and Hold
Harmless Agreement for Use of the Weld County Garage Building between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and the
Union Colony Fire Rescue Authority,with 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 Intergovernmental Indemnity and Hold Harmless Agreement for Use of
the Weld County Garage Building between the County of Weld,State of Colorado,by and through
the Board of County Commissioners of Weld County,and the Union Colony Fire Rescue Authority
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 10th day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W C UNTO, C O7.DO
ATTEST:
iJ,� �` Da id E. Long, Chair
Weld County Clerk to r e = k=, f
BY: �•pA /J , � �'l Ro ert D. asden, Pro-Tem
�_ e`�w- -
Deputy Clerk to thef (Sp NI
M. J. Geile
APP AS TO F x,77/
Willi 1
y A rn .LL /1"--CIC)
/ Glenn Vaad
Date f signature: a��4
2003-3359
BC0033
CO CO / u.cr-K p(&/c3
INTERGOVERNMENTAL INDEMNITY AND HOLD HARMLESS AGREEMENT
FOR USE OF WELD COUNTY GARAGE BUILDING
Agreement is made on this day of December,2003, in the County of Weld, State of
Colorado. The parties to this agreement are in the County of Weld, by and through the Board of
County Commissioners of the County of Weld, hereinafter referred to as "County," and Union
Colony Fire Rescue Authority, their agents, assignees and employees, hereinafter referred to as
"Indemnitor".
In consideration for County's agreement with Indemnitor,the County shall allow Indemnitor
use of the County's property known as the"Weld County Garage Building"for fire service training.
Section I
Uses Limited
County and Indemnitor agree that the uses for fire service training shall be limited to that type
of training such as self-contained breathing apparatus practice, search and rescue and secure entry.
The parties agree and specifically assent that no live fires will be set or used in the Weld County
Garage Building for such training. Indemnitor agrees that during such training,Indemnitor shall not
perform any actions which would compromise or degrade the building integrity and or its security.
Indemnitor agrees to maintain the building integrity and security of the building at all times during
the period of this Agreement.
Section II
Scope of Indemnity
Indemnitor agrees to indemnify against liability and to save harmless,to the extent allowed
by law, County from any liability or damages County may suffer as a result of claims, demands,
costs,or judgements instituted by Indemnitor,its agents,employees,invitees,or any person claiming
through them, or by any third party, against County arising out of Indemnitors', its agents' or
employees' operation or use of the Weld County Garage Building for fire service training or arising
from any accident, injury or damage, however caused, including the acts and omissions of third
parties, to any person or persons, or to the property of any person, or corporation occurring during
the term of this agreement in relation to use of the aforementioned Weld County Garage Building
by the Indemnitor.
Indemnitor further agrees to hold harmless and defend County, by counsel reasonably
satisfactory to the County,against all claims and demands arising out of Indemnitors operations and
use of the Weld County Garage Building, no matter whether such claims are made informally, in
arbitration or mediation proceedings, or in court proceedings.
aiDD3—SSs9
Section III
Period Covered
This indemnity will extend from the date of this Agreement to and until the date Indemnitor
last uses the Weld County Garage building for fire service training, or a contract is awarded by
County for demolition of the Weld County Garage Building, whichever occurs later.
Section IV
Expenses, Attorney's Fees, and Costs
Should it become necessary for purposes of resisting, adjusting, or compromising any
claim(s) or demand(s) arising out of the subject matter with respect to which indemnification is
provided by this Agreement, or for purposes of enforcing this Agreement, for County to incur any
expenses, or become obligated to pay any attorney's fees or court costs, Indemnitor agrees to
reimburse county for such expenses, attorney's fees, or costs within a reasonable time, in no event
to exceed 30 days, after receiving written notice from County of incurring of such expenses,
attorney's fees, or costs.
Section V
Notice of Claim Against County
County agrees to give Indemnitor notice within thirty(30)days of any claim(s)made against
County on the obligations indemnified against.
Section VI
Miscellaneous
This Agreement is governed by the laws of the State of Colorado. Any and all legal action
necessary to enforce the contract will be held in Weld County, Colorado, and the contract will be
interpreted according to the laws of Colorado.
Section VII
Severability
If any term or provision of this Agreement, or application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provisions, to a person or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term and
provision of this contract shall be deemed valid and enforceable to the extent permitted by law.
SIGNED this(A day of December, 2003.
ATTEST: iD!/jU COUNTY OF WELD,a political subdivision of the
Weld County Clerk to the'Boardy '.'2f,/ STATE OF COLORADO:
By. By:
Deputy Clerk to the Boa , 41 David E. Long, C a an
Board of County Co issioners of the
County of Weld
(/rq/1O 33)
ATTEST: UNION COLONY FIRE RESCUE AUTHORITY
By: ‘14/24-f7v By: e c"
4,n+
Secretary tu-the Board irperson
Board of Directors of
Union Colony Fire/Rescue Authority
UNION MEMO
COLONY O
FIRE/RESCUE
To: Bruce Barker, Weld County Attorney
From: Ruth Goodman, Sr. Administrative Specialist
Date: December 4, 2003
Subject: Weld County Garage Building Use Agreement
Please find attached 2 original copies of the agreement. At the Union Colony Fire/Rescue
Authority Board meeting last night, our attorney, Jeff Parins, noticed that the heading on page
one for Section II read, "Scope of Identity", so we took the liberty of correcting it to read "Scope
of Indemnity". Hope that's ok.
After the Commissioners have signed both original copies, would please return one original copy
to me?
Thank you.
p Staff)
0 0
WELL COUNTY
ATTORN_Y':'• :,C9CE
2003-3359
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