HomeMy WebLinkAbout920424.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF EMERGENCY COMMUNICATIONS
EQUIPMENT, ACCEPT BILL OF SALE, AND AUTHORIZE CHAIRMAN TO SIGN
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 Sale and
Purchase of Emergency Communications Equipment between the Weld 911 Emergency
Telephone Service Authority Board and Board of County Commissioners of Weld
County, with the terms and conditions being as stated in said agreement, a copy
of which is attached hereto and incorporated herein by reference, and
WHEREAS, the Board has also been presented with a Bill of Sale for said
emergency communications equipment, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, after review, the Board deems it advisable to approve said Bill
of Sale and Agreement for Sale and Purchase of Emergency Communications
Equipment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Sale and Purchase of Emergency
Communications Equipment between the Weld 911 Emergency Telephone Service
Authority Board and Board of County Commissioners of Weld County be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that said Bill of Sale be, and hereby
is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 18th day of May, A.D. , 1992.
a BOARD OF COUNTY COMMISSIONERS
ATTEST WELD C NTY, COLORADO
Weld County Clerk to the Board p
George Ken edy, Chairman
BY: /% � `�<9 EXCUSED
Deputy Clerk to the Board--\ Constance L. Harbert, Pro-Tem
APPROVED AS TO FORM: -Ler
C. W. Kir
l e<
County Attorney Gor . L cy
W. kbsterWP
920424
a.
AGREEMENT FOR SALE AND PURCHASE OF
EMERGENCY COMMUNICATIONS EQUIPMENT
THIS AGREEMENT is made and entered into this /" day of
1992, by and between the Weld 911
Emergency Tele hone Service Authority Board, whose mailing address
is P. O. Box 758, Greeley, Colorado 80632, hereinafter referred to
as "Authority Board" and the Weld County, Colorado, by and through
the Board of County Commissioners of Weld County, whose address is
915 10th Street, Greeley, Colorado 80631, hereinafter referred to
as "Weld County. "
WITNESSETH:
WHEREAS, pursuant to the provisions of Sections 29-11-101, et
seq. , C.R.S. , Authority Board has the authority to collect a
monthly charge from all emergency telephone service users and with
said revenues to pay for equipment used in the provision of
emergency telephone service, and
WHEREAS, Section 11 in the portion entitled "Powers of the
Board" of the Authority Board's By-Laws states : "any property
acquired by the Authority shall be the property of the Authority
and not the using jurisdiction, " and
WHEREAS, Authority Board has purchased that equipment as set
forth in the attached "Exhibit A" and which has been installed at
the Weld County Public Safety Answering Point location, and
WHEREAS, given the fact that Authority Board purchased the
equipment listed in "Exhibit A" , and given the fact that its By-
Laws state that it is the owner of all equipment which it
purchases, the Authority Board is the owner of the equipment listed
in "Exhibit A" and therefore is responsible for its maintenance and
insurance thereof, and
WHEREAS, at its meeting on February 18, 1992, the Authority
Board voted to transfer ownership of the equipment listed in
"Exhibit A" to Weld County in consideration of the forbearance by
Weld County in seeking reimbursement of expenditures by Weld County
for the maintenance of and insurance for said equipment.
NOW, THEREFORE, in consideration of the mutual promises and
covenants as set forth herein, the parties agree as follows :
1 . The Authority Board agrees to sell and Weld County agrees
to purchase the equipment which is set forth in the attached
"Exhibit A. " The sole consideration for said sale and purchase
will be the forbearance by Weld County in seeking reimbursement of
any expenditures which it may have made for the maintenance of and
insurance for the equipment listed in the attached "Exhibit A. "
Page 1 of 2 Pages
2 . All maintenance and insurance costs for the equipment
listed in "Exhibit A" shall be solely the responsibility of Weld
County from the date of the signing of this Agreement forward.
3 . All other equipment located at the Weld County Public
Safety Answering Point location which was paid for by Authority
Board shall remain under the ownership of Authority Board and any
maintenance and insurance costs for said equipment shall be paid
for by said Authority Board.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names this ,el jel day of , 1992 .
ATTEST: WELD 911 EMERGENCY TELEPHONE
,./ AUTHORITY BOARD
By. er fi �7��rC � By:
C �' /J GaZ L t
Mik filler, Secre ary ary Sa dau, Chairman
//r,SUB bSCRIBED AND SWORN to fore me this /gam day of
, 1992, by i i A441er izad 4a.ruaadaci •
WITNESS my hand and official seal .
4Oa-
Not Pu lic/
My commission expires : MyCommissionExpiresJanuary10,1995
/011WELD COUNTY, COLORADO
ATTEST: by and through the Board of
County Commissioners of Weld
Clerk to the Board County, Colorado
By: By:
putt' Cle k to the B eorge 3 ennedy, Chair r m—,
05/90/49,2
� SUBSCRIBED AND SWORN to before me his 9O t� day of
t�., 1992, by 62,-Eo,F'GE EttAitfwt(
WITNESS my hand and official seal .
Not ry-CM
c�
My commission expires : MyLuui nssicuL;pirasJanuary10,1995
awc911 .rmm
Page 2 of 2 Pages
CPTh
&.j "/7.2 't
BILL OF SALE
THIS BILL OF SALE is intended to transfer title to certain
emergency communications equipment from the Weld 911 Emergency
Telephone Service Authority Board, whose address being P. O. Box
758, Greeley, Colorado 80632 , as Grantor, to the City of Fort
Lupton, Colorado, whose address is 130 South McKinley Avenue, Fort
Lupton, Colorado 80621, as Grantee. The emergency communication
equipment is described in the attached "Exhibit A" and title will
pass from the Grantor to the Grantee with the delivery with this
Bill of Sale. No express or implied warranties with respect to the
condition of the emergency communication equipment is made by
Grantor and the Grantee acknowledges (by acceptance of this Bill of
Sale) that the emergency communication equipment is being
transferred "as is" and without any implied warranties of fitness
or merchantability. All of the emergency communication equipment
as set forth in the attached "Exhibit A" is located at the Public
Safety Answering Point in Fort Lupton, Colorado.
By signing and delivering this Bill of Sale, the Grantor
acknowledges receipt of sufficient consideration and transfers and
conveys to the Grantee all of the Grantor' s right, title and
interest in the emergency communication equipment described in the
attached "Exhibit A" and warrants that its title is good and that
this transfer is rightful and is free from any security interest or
other lien or encumbrance. This transfer and conveyance is binding
on all persons claiming from, through, or under the Grantor, and
this transfer and conveyance is absolute and unconditional so as to
vest title and any claims on warranties in the Grantee and the
personal representatives and assigns of the Grantee, the survivor
or survivors of the Grantee, and the personal representatives and
assigns of each survivor.
Executed by the Grantor on , 1992 .
WELD 911 EMERGENCY TELEPHONE
ATTEST: i _ SERVICE AUTHORITY OARD
By: Y/ By: 14(0.-e flL«�c
Mike Miller, Secretary Gary Sar[dau, Chairman
PI L—
SUBSCRIBED AND SWORN to before me this / day of
, 19 cj n , by (1.O
WITNESS my hand and official seal .
Notary Public K
My commission expires :
v.n V
EXHIBIT "A"
1 . Digital Call Check System produced by Lanier Voice
Products and purchased on August 20, 1990, at a cost of $14 , 318 . 75 .
2 . Voice Recording System produced by Dictaphone and
purchased on October 11, 1990, at a cost of $25, 628 . 00 .
EXA911EQ.BAP
EXHIBIT "A"
1 . Digital Call Check System produced by Lanier Voice
Products and purchased on August 20, 1990, at a cost of $14, 318 . 75 .
2 . Voice Recording System produced by Dictaphone and
purchased on October 11, 1990, at a cost of $25, 628 . 00 .
EXA911EQ.BAP
AGREEMENT FOR SALE AND PURCHASE OF
EMERGENCY COMMUNICATIONS EQUIPMENT
THIS AGREEMENT is made and entered into this 13th day of
MAY , 1992, by and between the Weld 911
Emergency Telephone Service Authority Board, whose mailing address
is P. O. Box 758, Greeley, Colorado 80632 , hereinafter referred to
as "Authority Board" and the City of Fort Lupton, Colorado, by and
through its City Counsel, whose address is 130 South McKinley
Avenue, Fort Lupton, Colorado 80621, hereinafter referred to as
"Fort Lupton. "
WITNESSETH:
WHEREAS, pursuant to the provisions of Sections 29-11-101, et
seq. , C.R. S . , Authority Board has the authority to collect a
monthly charge from all emergency telephone service users and with
said revenues to pay for equipment used in the provision of
emergency telephone service, and
WHEREAS, Section 11 in the portion entitled "Powers of the
Board" of the Authority Board' s By-Laws states : "any property
acquired by the Authority shall be the property of the Authority
and not the using jurisdiction, " and
WHEREAS, Authority Board has purchased that equipment as set
forth in the attached "Exhibit A" and which has been installed at
the Fort Lupton Public Safety Answering Point location, and
WHEREAS, given the fact that Authority Board purchased the
equipment listed in "Exhibit A" , and given the fact that its By-
Laws state that it is the owner of all equipment which it
purchases, the Authority Board is the owner of the equipment listed
in "Exhibit A" and therefore is responsible for its maintenance and
insurance thereof, and
WHEREAS, at its meeting on February 18, 1992, the Authority
Board voted to transfer ownership of the equipment listed in
"Exhibit A" to Fort Lupton in consideration of the forbearance by
Fort Lupton in seeking reimbursement of expenditures by Fort Lupton
for the maintenance of and insurance for said equipment.
NOW, THEREFORE, in consideration of the mutual promises and
covenants as set forth herein, the parties agree as follows :
1 . The Authority Board agrees to sell and Fort Lupton agrees
to purchase the equipment which is set forth in the attached
"Exhibit A. " The sole consideration for said sale and purchase
will be the forbearance by Fort Lupton in seeking reimbursement of
Page 1 of 2 Pages
any expenditures which it may have made for the maintenance of and
insurance for the equipment listed in the attached "Exhibit A. "
2 . All maintenance and insurance costs for the equipment
listed in "Exhibit A" shall be solely the responsibility of Fort
Lupton from the date of the signing of this Agreement forward.
3 . All other equipment located at the Fort Lupton Public
Safety Answering Point location which was paid for by Authority
Board shall remain under the ownership of Authority Board and any
maintenance and insurance costs for said equipment shall be paid
for by said Authority Board.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names this 13TH day of MAY , 1992 .
ATTEST: WELD 911 EMERGENCY TELEPHONE
AUTHORITY BOARD 7
By: 0/14By: , ��� _e��
Mike Miller, Secretary Gary Sand , Chairman
SUBSCRIBED AND SWORN to before me this ,Q 7 day of
1--'\ .L\ , 1992 , by 0_,rte_ — •
WITNESS my hand and official seal . I (
Notary Public
My commission a8, ty` es :
MY COMMISSION EXPIRES JUNE
CITY OF ORT LUPTON, COLORADO
ATTES,T:: by and rough is Cit Council
By: / u�v a, A4By:
a or
SUBSCRIBED AND SWORN to before e rthi /l r day of
1992, by Gu, 9).ne /N- 4'Acichf
WITNESS my hand and official seal .
tary Publi
My commission expires : FT. LUPTON FOt.ICE
130 3. Mcf:, JS_"
P.O. SOX ; 3
FT. LUPTON, CO 80621.
Page 2 of 2 Pages
i
BILL OF SALE
THIS BILL OF SALE is intended to transfer title to certain
emergency communications equipment from the Weld 911 Emergency
Telephone Service Authority Board, whose address being P. O. Box
758, Greeley, Colorado 80632, as Grantor, to the County of Weld,
Colorado, whose address is 915 10th Street, Greeley, Colorado
80631, as Grantee. The emergency communication equipment is
described in the attached "Exhibit A" and title will pass from the
Grantor to the Grantee with the delivery with this Bill of Sale.
No express or implied warranties with respect to the condition of
the emergency communication equipment is made by Grantor and the
Grantee acknowledges (by acceptance of this Bill of Sale) that the
emergency communication equipment is being transferred "as is" and
without any implied warranties of fitness or merchantability. All
of the emergency communication equipment as set forth in the
attached "Exhibit A" is located at the Public Safety Answering
Point in Weld County, Colorado.
By signing and delivering this Bill of Sale, the Grantor
acknowledges receipt of sufficient consideration and transfers and
conveys to the Grantee all of the Grantor' s right, title and
interest in the emergency communication equipment described in the
attached "Exhibit A" and warrants that its title is good and that
this transfer is rightful and is free from any security interest or
other lien or encumbrance. This transfer and conveyance is binding
on all persons claiming from, through, or under the Grantor, and
this transfer and conveyance is absolute and unconditional so as to
vest title and any claims on warranties in the Grantee and the
personal representatives and assigns of the Grantee, the survivor
or survivors of the Grantee, and the personal representatives and
assigns of each survivor.
Executed by the Grantor on , 1992 .
WELD 911 EMERGENCY TELEPHONE
ATTEST: SERVICE AUTORIT
By: tM By: �-��--� " ' c
Mike Miller, Secretary Gary Sarldau, Chairman
„SUBSCRIBED AND SWORN to before e this �7 7 day of
/6(n,-(, , 19 9i- , by /KLIll2CER"-GR LS1- Afl.
WITNESS my hand and official seal .
.f) .
Notary Pu li
My commission expires : MyCcr, :;esicilE4j,c.Jaoly101C95
EXHIBIT "A"
1 . Computer-aided Dispatch System manufactured by Megg
Associates and purchased on August 14, 1990, at a cost of
$37,004 . 00, as detailed on the attached invoice.
2 . Advanced Revelation Software produced by Metro Software
and purchased on October 1, 1990, at a cost of $1,000 . 00, as
detailed on the attached invoices .
3 . Construction materials and equipment which were purchased
in the course of remodeling the building at 130 S. McKinley, Fort
Lupton, Colorado, at a cost of $5, 660 . 00, as detailed on the
attached invoices .
exmegg.rmm
(4,o MEMORAn®UI
� �
hiDe roBoard of County
Commissioners Date May 14, 1992
COLORADO From Bruce T. Barker, Assistant Weld County Attorney
: - Agreement for Sale and Purchase of Emergency
sobs«
Communiions- quipmen and BiIUof Tale
On February 18, 1992 , the Weld 911 Emergency Telephone Service
Authority Board voted to transfer ownership of some of its
equipment to the various local governments which control the Public
Safety Answering Points (PSAPS) . This transfer of ownership is in
consideration of the forbearance by the local governments in
seeking reimbursement of expenditures for maintenance of and
insurance for the equipment.
The three local governments are: the City of Greeley, the City of
Fort Lupton, and Weld County.
The Board will consider at its May 18, 1992 , meeting whether to
enter into the Agreement for the Sale and Purchase of Emergency
Communications Equipment. The decision will also be made as to
whether to accept the Bill of Sale.
I recommend that the Board enter into the Agreement and accept the
Bill of Sale. The transfer of the ownership of the equipment is at
no cost to the County, but clears up some technical questions as to
who is in control of the equipment and who is required to pay for
the maintenance and insurance.
Please be advised the City of Fort Lupton and the City of Greeley
are also in the process of considering such Agreements and Bills of
Sale. �---
-Brt'ce T. Barker
BTB:bp
memo\billofsa.bap
920424
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