HomeMy WebLinkAbout980386.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL INDEMNITY AND HOLD HARMLESS
AGREEMENT FOR USE OF CITY OF GREELEY FIRING RANGE 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 Indemnity and
Hold Harmless Agreement for Use of City of Greeley Firing Range between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Sheriffs Office, and the City of Greeley, 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 City of Greeley Firing Range between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Sheriffs Office,
and the City of Greeley 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 4th day of March, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
5 `' �L, " WE, COUNTY, COLORADO
ATTES
' Constance L. Harbert, Chair
Weld C Clerycfq=thtd
W. H. VVThester, ro-Tem
BY:
Deputy Clerk t• the Board
Georg E. Baxter
?Pr AS ORM: EXCUSED
Da)* K. Hall
ty n y �L/ �j�.
Barbara J. Kirkmeye'r
980386
SO0016
c c Se \ yav >G t 1�-
Intergovernmental Indemnity and Hold Harmless Agreement
for use of City of Greeley Firing Range
Agreement made on this 03/5/ of Mout& , 19 qg , in the County of Weld, State of
Colorado. The parties to this agreement are the COUNTY OF WELD, hereinafter called "Indemnitor,"
and THE CITY OF GREELEY, Colorado, their agents, assignees and employees, hereinafter called
"City."
In consideration for City's agreement with Indemnitor, the City, by and through the City of
Greeley Police Department shall allow Indemnitor use of the Greeley Police Department's firing range,
hereinafter referred to as "firing range."
Section I
Scope of Indemnity
Indemnitor agrees to indemnify against liability and to save harmless, to the extent allowed by law,
City from any liability or damages City may suffer as a result of claims, demands, costs, or judgements
instituted by Indemnitor, its agents, employees, invitees, or any person claiming through them, against
City arising out of Indemnitors', its agents' or employees' negligent operation or use of the firing range,
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 firing range by the Indemnitor.
Indemnitor further agrees to hold harmless and defend City, by counsel reasonably satisfactory
to the City, against all claims and demands arising out of City's coordination and supervision of firing
range for Indemnitor and Indemnitor's agents or employees, no matter whether such claims are made
informally, in arbitration or mediation proceedings, or in court proceedings.
Section II
Period Covered
This indemnity will extend from the date of this agreement to and including the date and time
Indemnitor last uses the firing range.
Section III
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 City to incur any expenses, or become
obligated to pay any attorney's fees or court costs, Indemnitor agrees to reimburse City for such expenses,
attorney's fees, or costs within a reasonable time, in no event to exceed 30 days, after receiving written
notice from City of the incurring of such expenses, attorney's fees, or costs.
Section IV
Notice of Claim Against City
City agrees to give Indemnitor notice within thirty (30) days of any claim(s) made against City on
the obligations indemnified against.
Section V
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 VI
Severability
If any term or provision of this Agreement, or the 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.
EXECUTED AT &Li ,,, on this .i sl day of
/ f1CW-4-- , 199 0 .
C
ATTEST:
CITY OF GREELEY, COLORADO, by and COUNTY OF WELD, by and through the
through the GREELEY CITY COUNCIL WELD BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF
WELD
/
Vern Nelson, Mayor ;/79
ByL.A 4e-ice%7\
p Connie Harbert, Chairman (03/0q/90By: l..t. Litci i&
Betsy H der, City Clerk ' •
County er, •y r a
By:
Deputy' y ~�``,�
' 1 'i
/
APP•OV' 1 A TO FO : APPROVED AS TO SUBSTANCE:
By: ..!/
-j ' Richar Bay, Greeley City Attorney B _
Paul ttet, Greeley City Manager
By. �Ataie ,--
Paul H. Branham, Chief
APPR AS G:/ l Greeley Police Department
By: wJ�
Tim Nash, Financ irector
- D Ceti -Pt
PT "` ' 32 dA Q: 05
CITY OF GREELEY,COLORADO J
CLE7c
RESOLUTION NO. 22 , 1997 TO 1"
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO INTERGOVERNMENTAL
AGREEMENTS WITH USERS OF THE CITY OF GREELEY FIRING RANGE.
WHEREAS, the City of Greeley provides a firing range for the City of Greeley Police
Department; and
WHEREAS, other governmental entities and their departments have need for access and use
of the firing range; and
WHEREAS, as a condition of use of the firing range,other governmental entities are required
to execute an indemnity and hold harmless agreement for the benefit of the City of Greeley; and
WHEREAS,other governmental entities who wish to use the firing range are numerous and
it is in the best interest of the City to authorize the Mayor to sign numerous intergovernmental
agreements with various entities pursuant to the agreement attached hereto as Exhibit"A", without
the necessity of returning to Council regarding each intergovernmental agreement.
NOW THEREFORE,be it resolved by the City Council of the City of Greeley, Colorado:
1. The Mayor of the City of Greeley, Colorado is hereby authorized to enter into
intergovernmental agreements with users of the City of Greeley firing range in accordance with the
terms and agreements of the indemnity and hold harmless agreement attached hereto as Exhibit"A",
all without the necessity of returning each agreement to Council for action.
2. This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED this 6th day of
May , 1997.
ATTEST: THE CITY OF GREELEY, COLORADO
, Al
City Cleit ayor
947386
Hello