HomeMy WebLinkAbout961643.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR ACTIVATION OF OUTDOOR
WARNING SYSTEM WITH CITY OF EVANS AND CITY OF GREELEY AND
AUTHORIZE CHAIR 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 Intergovernmental Agreement for
Activation of Outdoor Warning System among the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Regional Communications Center, and the City of Greeley, Colorado, and the City of Evans,
Colorado, 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 Agreement for Activation of Outdoor
Warning System among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Regional
Communications Center, and the City of Greeley, Colorado, and the City of Evans, Colorado,
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 16th day of September, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
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£ 961643
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INTERGOVERNMENTAL AGREEMENT FOR ACTIVATION
OF OUTDOOR WARNING SYSTEM
THIS AGREEMENT is made th•
is /O6 day of , 1996, by and
between the City of Evans, Colorado, (hereinafter referred to as "E s"), the City of Greeley,
Colorado, (hereinafter referred to as "Greeley"), and the County of Weld, Colorado, (hereinafter
referred to as "County").
WITNESSETH:
WHEREAS, the parties hereto wish to enter into a written agreement concerning the
activation of an outdoor warning system for the benefit of the citizens of Evans; and
WHEREAS, the parties are authorized to enter into this agreement by virtue of C.R.S.
29-1-203, the City of Greeley Charter, Section 3-5, the Weld County Home Rule Charter,
Article 2, Section 2-3, and the Home Rule Charter for the City of Evans, Section 3.12; and
NOW, THEREFORE, in consideration of the following mutual promises and covenants,
the parties agree as follows:
1. The City of Evans presently owns and maintains an audible outdoor warning siren
specifically for the purpose of warning its citizens of approaching tornados and for the duration
of this agreement shall continue to maintain the system in good working order.
2. The Weld County Regional Communications Center is owned and operated by the
County and Greeley and shall be responsible for activating the outdoor warning siren for Evans
but only upon proper authorization over established radio communications(radio communications
on either fire or police frequency) from either one of Evans Fire Chiefs or the Fire Marshall or
an Evans Police Officer. Such authorized individuals are identified on the attached Exhibit "A"
to be updated by Evans at such time that those positions are occupied by different individuals.
3. Evans shall indemnify and save harmless and defend Greeley and County, their
agents, servants, and employees from and against any and all claims, liability losses, and/or
causes of action, including the reasonable cost of defense which is caused by any intentional
and/or negligent act or omission of Evans, its agents, servants, or employees in the performance
of activities pursuant to this agreement.
Evans also agrees to indemnify and defend Greeley and County, their agents, servants,
and employees from and against all tort liability arising out of any claim, demand, or cause of
action, of whatsoever kind or nature, d arising out of any conduct or misconduct of Evans not
included in the paragraph above faW which Greeley and County, their agents, servants or
employees, are alleged to be liable.
Page 1 of 4
4. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities which Evans, Greeley or the County or their officers or employees may possess, nor
shall any portion of this Agreement be deemed to have created a duty of care on the part of any
party to any person not a party to this Agreement.
5. No portion of this Agreement shall be deemed to create an obligation on the part
of Evans, Greeley, or County to expend funds not otherwise appropriated in each succeeding
year.
6. This Agreement is to continue indefinitely until terminated by any party to this
Agreement upon thirty (30) days prior written notice.
•DATED this /(p -day of pt . , 1996.
THE CITY OF GREELEY, COLORADO THE COUNTY OF WELD, COLORADO
a municipal corporation by a body corporate and politic, by and through
and through the City Council the Board of County Commissioners
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hairman insi ATTEST: �;` `!EST: Ma?'
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Greel City Clerk Cl to the Bo. d
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
n 1
By: N> G . iL
y
Greeley City Attorney / We ounty-A torn
APPROVED AS TO SUBSTANCE: APPR• 'ED AS TO S BS ' .
B ' By: // u 1 ? 71/71d---
Greeley City Manager /eld County Finance Director
Page 2 of 4
CITY OF E NS, COL DO
By
ATTEST:
(Xt../ &tee
Evans City Clerk
APPROVED T •
AAPPROVED AS TO SUBSTANCE:
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By: 1 ?21 By: ��� �
Ev City Attorney Evans Ci y anager
Page 3 of 4
EXHIBIT "A"
Evans Fire Chiefs: Larry Petersen - Chief#1
Garry Johns - Chief#2
Lance Homann - Chief#3
Jim Wolfe - Chief#4
Alan Dusin - Chief#5
Evans Fire Marshal: Doug Melby (109)
Evans Police Officers: Michael Guthrie (681)
Gus Lind (682)
Rich Strang (683)
Ken Nelson (684)
Merle Robison (685)
Keith Maynard (686)
George Roosevelt (687)
Michael Parkos (688)
Michael Estes (689)
Dave Brantner (690)
John Kinne (691)
Susan Hettinger (692)
Kim Eaton (693)
Gary Kessler (694)
Jeff Fisher (695)
Ed Clark (696)
Larry Galves (697)
Page 4014
CITY OF EVANS, COLORADO
RESOLUTION NO. 19-1996
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE
COUNTY OF WELD AND THE CITY OF GREELEY CONCERNING THE
ACTIVATION OF THE CITY OF EVANS OUTDOOR WARNING SIRENS
WHEREAS, the City of Evans maintains an outdoor warning system to warn its citizens of
approaching tornados; and
WHEREAS, the City of Greeley and the County of Weld have a joint agreement for operation
of the Weld County Regional Communications Center; and
WHEREAS, Weld County Regional Communications Center has the ability to activate the
City of Evans outdoor warning siren system; and
WHEREAS, C.R.S. 29-1-203 and the Home Rule Charter for the City of Evans permit the
City to enter into an Intergovernmental Agreement with the City of Greeley and the County of Weld
by resolution
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Evans,
Colorado:
1. The recitals above setforth are incorporated herein by reference for all purposes as
though setforth in full.
2. The Intergovernmental Agreement attached hereto, between the County of Weld, the
City of Greeley and the City of Evans is approved and the Mayor and City Clerk are authorized and
directed to execute such agreement.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Evans on this 10th day of September , 1996.
CITY OF EVANS, COLORADO
By
Mayor
ATTEST:
City Clerk
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