HomeMy WebLinkAbout980716.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF FORMER WELD
COUNTY HOSPITAL IN FIREFIGHTING TRAINING EXERCISE AND AUTHORIZE
CHAIR TO SIGN - UNION COLONY FIRE 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 Agreement for
Use of Former Weld County Hospital in Firefighting Training Exercise between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and the Union Colony Fire 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 Agreement for Use of Former Weld County
Hospital in Firefighting Training Exercise between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and the Union Colony Fire
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 29th day of April, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .
isc, e��►� =� Constance L. Harbert, Chair
Weld County`ler
16• t
W. H. Webster, P o-Tem
BY:
Deputy Clerk to : •y ? EXCUSED DATE OF SIGNING (AYE)
George E. Baxter
APPROVED AS TO FORM:
EXCUSED DATE OF SIGNING (AYE)
Dal K. Hall
ounty Att rney
�i
rbara J. Kirkmeyer r bluer
980716
BC0026
fi
Cc breic y:
INTERGOVERNMENTAL AGREEMENT FOR USE
OF FORMER WELD COUNTY HOSPITAL
IN FIREFIGHTING TRAINING EXERCISE
THIS INTERGOVERNMENTAL AGREEMENT is made on this ? day of
, 19", in the County of Weld, State of Colorado. The parties to this
Ag ement are THE UNION COLONY FIRE AUTHORITY, a body corporate and politic of the
State of Colorado, whose address is 919 7th Street, Greeley, Colorado 80631, hereinafter referred
to as "Fire Authority," and the COUNTY OF WELD, a body politic and corporate of the State of
Colorado, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as
"County,"their respective agents, assignees and employees.
WITNESSETH:
WHEREAS, County has vacated and is no longer intending to use the former Weld
County Hospital building, located adjacent to Island Grove Regional Park, hereinafter referred to
as "former hospital," and
WHEREAS, former hospital is in need of demolition due to its failing structural integrity,
and
WHEREAS, Fire Authority desires to assist in said demolition by conducting a
firefighting training whereby former hospital will be set on fire and Fire Authority's firefighters
will extinguish the blaze accordingly.
WHEREFORE, in consideration of the mutual promises and covenants contained herein,
their parties hereto agree as follows:
1. USE OF FORMER HOSPITAL: Fire Authority shall use the former hospital for a
firefighting training exercise. In the course of said firefighting training exercise,Fire
Authority shall take all necessary care and precautions to ensure the safety of Fire
Authority and County personnel and the general public. Fire Authority shall advise
County of any materials or equipment which must be removed from the former
hospital prior to Fire Authority setting it on fire. All costs associated with the
firefighting training exercise shall be paid for by Fire Authority. Fire Authority shall
be solely responsible for obtaining any and all necessary licenses or permits for said
firefighting training exercise and the burn associated therewith in accordance with
all local, state and federal laws.
2. REMOVAL OF DEBRIS: County shall, at its sole cost, remove the debris of the
former hospital after the firefighting training exercise has concluded. County shall
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be solely responsible for obtaining any and all necessary licenses or permits for said
debris removal.
3. INDEMNIFICATION AND HOLD HARMLESS: Fire Authority 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 against County, its agents, employees,
invitees, or any person claiming through them, arising out of Fire Authority's, its
agents' or employees' negligence or intentional acts in the course of conducting the
firefighting training exercise, 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 or arising
out of the firefighting training exercise.
Fire Authority further agrees to hold harmless and defend County, by counsel
reasonably satisfactory to the County, against all claims and demands arising out of
Fire Authority's conducting the firefighting training exercise,no matter whether such
claims are made informally, in arbitration or mediation proceedings, or in court
proceedings.
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, Fire Authority agrees to reimburse County for such
expenses, attomey's fees, or costs within a reasonable time, in no event to exceed 30
days, after receiving written notice from County of the incurring of such expenses,
attorney's fees, or costs.
County agrees to give Fire Authority notice within thirty (30) days of any claim(s)
made against County on the obligations indemnified against.
4. APPLICABLE LAW: This Agreement is governed by the laws of the State of
Colorado. Any and all legal action necessary to enforce the Agreement will be held
in Weld County, Colorado, and the contract will be interpreted according to the laws
of Colorado.
5. SEVERABILITY: If any term or provision of this Intergovernmental Agreement,
or the application thereof to any person or circumstances shall,to any extent, be held
invalid or unenforceable,the remainder of this Intergovernmental 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 Intergovernmental Agreement shall be deemed valid and
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enforceable to the extent permitted by law.
6. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental Agreement
shall be deemed to constitute a waiver of any immunities the parties or their officers
or employees may possess, nor shall any portion of this Intergovernmental
Agreement be deemed to have created a duty of care which did not previously exist
with respect to any person not a party to this Intergovernmental Agreement .
7. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Intergovernmental Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing
in this Intergovernmental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Intergovernmental Agreement.
It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Intergovernmental
Agreement shall be an incidental beneficiary only.
SIGNED this day of March, 1998.
COUNTY OF WELD, by and through
ATTEST: ► i F/�%� f% the BOARD OF COUNTY COMMISSIONERS
County Clerk . th io ,,, OF THE COUNTY OF WELD
By:
By:
Deputy l �i _ '�d Constance L. Harbert, Chair(04/29/98)
ATTEST: UNION COLONY FIRE AUTHORITY
I � �
By:__ d',,, h �: e--. By: J
Claudine Goodwin , Fire Authority Clerk Chairman
M:\WPFILES\AGREE\FB2ETRAi.BTB ATTEST;
Secretary/Treasurer
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