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Home My WebLink About950138.tiffRESOLUTION RE: APPROVE AGREEMENT FOR USE OF OFFICE SPACE WITH WELD COUNTY PARTNERS 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 Use of Office Space between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney for the 19th Judicial District, and Weld County Partners, 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 Agreement for Use of Office Space between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney for the 19th Judicial District, and Weld County Partners be, and hereby is, approved. 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 30th day of January, A.D., 1995. ATTEST: Weld County Clerk to the Board CLAIBY: _7 4 k —Ali A009A Deputy ClerXo the Board APPRSIV,FD AS TO FORM: BOARD OF COUNTY COMMISSIONERS �OUN�RADO Dale„K. Hall, Chairmdn 6 i -4 t — i 1 %%?z . C Barbara ; J. Kirkmeyer, P,fo-Te/m 7 / E ' 'GeorgeBaxter ounty Attorney Constance L. Harbert `'. lYi W. H. Webster {�Qi C. ' , ,Ind ,k /') 1' 950138 C 6 ; 1)� , Partners; e-rs; 1-9/{_DA0011 AGREEMENT FOR USE OF OFFICE SSPACE THIS AGREEMENT is made and entered into this ,5o` ` day of January, 1995, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Weld County Partners, whose address is 1212 8th Street, Greeley, Colorado 80631, hereinafter referred to as "Partners." WITNESSETH: WHEREAS, County is the owner and user of an office building located at 330 Park Avenue, Fort Lupton, Colorado, which it uses for the provision of various services to south Weld County, and WHEREAS, the District Attorney for the 19th Judicial District (hereinafter referred to as "District Attorney") maintains an office at said office building in Fort Lupton which his staff uses approximately two days per week (hereinafter referred to as "Ft. Lupton Office"), and WHEREAS, Partners is a non-profit corporation which services youth in Weld County and which desires to maintain a permanent office in Fort Lupton, and WHEREAS, Partners has in the past shared the Ft. Lupton Office with the District Attorney on an informal basis, but now desires to share the Office under a more formal arrangement, and WHEREAS, District Attorney consents to such usage only according tothe terms and conditions set forth below, and WHEREAS, the Board of County Commissioners believes that it is in the best interests of the citizens of Weld County to allow the use of said Ft. Lupton Office by Partners according to the terms and conditions as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be for one year from the date of signing herein and shall renew automatically for successive one year terms, until and unless the termination provision set forth in paragraph 2. below is exercised by either party. Page 1 of 4 9501.33 IT 2. TERMINATION This Agreement may be terminated by either party upon 90 days written notice to the other at the party's address set forth above. 3. USE OF OFFICE SPACE: County hereby allows Partners the use of the Ft. Lupton Office according to the terms and conditions set forth herein. Partners shall share the office with the District Attorney; however, the District Attorney has priority for the usage, including first priority for time of use and for storage space within said office. All furniture currently housed in said Office may be used by Partners during its use thereof. Partners agrees to keep the office clean and reasonably free from personal affects which would hinder the utilization of said Office by the District Attorney's staff. This Agreement shall not include any services for the benefit of Partners, except for any necessary janitorial and maintenance of the Office. 4. INSTALLATION OF DEDICATED PHONE LINE AND COMPUTER: County agrees to allow Partners to pay and arrange for the installation of a dedicated phone line for use solely by Partner's staff Such installation shall be performed by Weld County's Communication's Department. Any and all costs associated with the installation and the use of said dedicated phone by Partners shall be paid for exclusively by Partners. Furthermore, County consents to the keeping of a personal computer for use by Partners staff at the Fort Lupton Office. Any and all costs associated with the purchase, installation, maintenance, and utilization of said personal computer shall be paid for exclusively by Partners. 5. INSURANCE: Partners shall carry sufficient liability insurance to cover any damage caused by it to the Fort Lupton Office and to the furniture maintained therein, and any damage to or loss of any and all personal effects maintained at said Office by Partners staff, including, but not limited to, the dedicated phone line and personal computer mentioned above. Said insurance shall be in an amount sufficient to cover the entire costs of replacement of said items. Partners shall also carry third party liability insurance which shall cover any and all liability suffered as a result of third party injuries due to the negligent acts of Partners staff. All such policies of insurance shall include as additional named insureds "the County of Weld, State of Colorado, by and through the Board of County Commissioners, its officers and employees, and the District Attorney for the 19th Judicial District and his employees". All third party liability insurance shall be in the minimum amounts of $450,000 per person, $750,000 aggregate. Page 2 of 4 950139 1 IT 6. EMPLOYMENT STATUS OF EMPLOYEES UTILIZING FORT LUPTON OFFICE: No employees of Partners shall, by virtue of their use of the Fort Lupton office, be considered employees of County. Likewise, no employees of County or the District Attorney for the 19th Judicial District shall be considered employees of Partners. 7. COMPENSATION: For the use of the Fort Lupton office Partners agrees to pay to County the sum of $1 per year. 8. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement shall be strictly reserved to County and Partners, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person to this Agreement. It is the expressed intention of County and Partners that any entity other than County or Partners receiving services or benefits or who is otherwise affected by the performance of the terms of this Agreement shall be deemed to be an incidental beneficiary only. 9. ENTIRE AGREEMENT AND MODIFICATION: This Agreement contains 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, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the parties hereto. Signed and entered into the date first written above. Page 3 of 4 s5oins T TT ATTEST: /NU CLERK TO THE BOARD OF COUNTY COMMISSIONERS BY: Deputy Clei4dto the Board APPROVED AS TO FORM; -- BY: e County Attoiney PARTNERS:DB 7 IT COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Dale K. Hall, Chairm 04c);(cfr APPROVED AS TO SUBSTANCE: 1 Al Dom' uez, District 19t udicial District PARTNERS: BY: Dawn Farm gbn Executive Director Page 4 of 4 9501'x9 ACOI:I • CERTIFICATE OF _.. PRODUCER Van Gilder Insurance Corp P 700 Broadway, Suite 1000 Denver , CO 80203 303-837-8500 INSURANCE n'SSUEDATE(MM/DD/YY) I ! 1/12/95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A Carolina Casualty COMPANY LETTER B INSURED Weld County Youth Alternatives Inc. cilia Weld County Partners 1212 Bth Street Greeley CO 80631 COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E COVERAGES .. . ..... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY -BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTRI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/OD/YY) POLICY EXPIRATION DATE(MWDD/YY) LIMITS A o ENERAL LIABILITY XI COMMERCIAL GENERAL LIABILITY "NP0756624 1/26/94 1/26/95 GENERAL AGGREGATE S 1000000 PRODUCTS-COMP/OP AGG. $ 1000000 CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY $ 1000000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE S 1000000 FIRE DAMAGE (Any one Ilre) $ 50000 MED. EXPENSE (Any one person $ 5000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY NP0756624 1/26/94 1/26/95 COMBINED SINGLE LIMIT S 1000000 X BODILY INJURY (Per Person) S BODILY INJURY (Per acoiden'1 S PROPERTY DAMAGE S EXCE55 LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGREGATE S WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT S DISEASE -POLICY LIMIT S DISEASE -EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS The County of Weld, Colorado, By & Through the Board of County Commissioners a of the County of Weld, including Officers & Employees, & the D.A. for the 19th Judicial District & His Employees are Additional Insured/Lessor of Prem. CERTIFICATE HOLDER The County of Weld Colorado 915 — 10th St. Greeley, CO 80631 ACORD 25•S (7/90) CANCELLATION SHOULD EXPIRATION MAIL :^,i LEFT, -.!'. LIABILITY ANY OF THE DATE 10 DAYSWRITTEN ._,. ,. ,. , ., ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO NOTICETO THECERTIFICATEHOLDER NAMEDTOTHE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. BUT FAILURE OF ANY KIND AUTHOR' R RESENTATIVE 4eitit 44 071627009 : 0 ACORD CORPORATION 1990 9501'19 19 January 1995 Bruce T. Barker Weld County Attorney PO Box 1948 Greeley, CO 80632 Dear Bruce, Enclosed are the signed copies of the Agreement you have drawn up between PARTNERS and the County RE: the Ft. Lupton office -sharing arrangement. Attached to each is a copy of the Liability Insurance policy with the "additional insureds" as requested. Thanks for your effort in making this work for us. We will expect to hear from you in the next week or so, pending final approval by the Commissioners. Sincerely, Dawn Farrington Executive Director Weld County PARTNERS :Enc cc: file I IT 1212 8th Street • Greeley, Colorado 80631 . (303) 351-0700 • 950138 Hello