HomeMy WebLinkAbout980699.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF FORMER WELD
COUNTY HOSPITAL IN POLICE TRAINING EXERCISE 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
Use of,Former Weld County Hospital in Police Training Exercise between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, 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 Agreement for Use of Former Weld County
Hospital in Police Training Exercise between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, 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 27th day of April, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Constance L. Harbert, Chair
I
Weld County •I 7.3`•, _t' ,16111 k )' /� /titi
� W. H. b ro-Tem
BY: 'C>
Deputy Clerk tom
G rge E. Baxter
APP- e D AS TO FORM:
Dale K. Hall /1
✓� - hhu /,
o y or ey <
Marbara J. Kirkmeyer l7
980699
i
INTERGOVERNMENTAL AGREEMENT FOR USE
OF FORMER WELD COUNTY HOSPITAL
IN POLICE TRAINING EXERCISE
THIS INTERGOVERNMENTAL AGREEMENT is made on this day of
, 19 , in the County of Weld, State of Colorado. The parties to this
Agreement are THE CITY OF GREELEY, a municipal corporation of the State of Colorado,
whose address is 1000 10th Street, Greeley, Colorado 80631, hereinafter referred to as "City,"
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, by separate Intergovernmental Agreement, the County has arranged for the
Union Colony Fire Authority to assist in said demolition by conducting a firefighting training
whereby former hospital will be set on fire and City's firefighters will extinguish the blaze
accordingly, and
WHEREAS, City desires to conduct a police training exercise at the former hospital.
WHEREFORE, in consideration of the mutual promises and covenants contained herein,
their parties hereto agree as follows:
1. USE OF FORMER HOSPITAL: City shall use the former hospital in a police
training exercise. In the course of said police training exercise, City shall take all
necessary care and precautions to ensure the safety of City and County personnel and
the general public. City shall advise County of any materials or equipment which
must be removed from the former hospital prior to the police exercise. All costs
associated with the police training exercise shall be paid for by City. City shall be
solely responsible for obtaining any and all necessary licenses or permits for said
police training exercise in accordance with all local, state and federal laws.
Page 1 of 3 Pages
98'6699
2. INDEMNIFICATION AND HOLD HARMLESS: City 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 City's, its agents' or employees' negligence or
intentional acts in the course of conducting the police 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 police training exercise.
City further agrees to hold harmless and defend County, by counsel reasonably
satisfactory to the County, against all claims and demands arising out of City's
conducting the police 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
attomey's fees or court costs, City 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 City notice within thirty (30) days of any claim(s) made
against County on the obligations indemnified against.
3. 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.
4. 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
enforceable to the extent permitted by law.
5. 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
Page 2 of 3 Pages
3 )
999
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 .
6. 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 i day of March, 1998.
COUNTY OF WELD, by and through
ATTEST. ��'��
;. r,� � , the BOARD OF COUNTY COMMISSIONERS
��,��c�� t�
Count ' e ', � �L A� OF THE COUNTY OF WELD
By i /icy` pi✓=: t By:e Board Constance L. Harbert, Chair (04/2;/9S)
ATTEST: CITY OF GREELEY, COLORADO, by and
through the GREELEY CITY COUNCIL
SEE ATTACHED CITY OF GREELEY
By: SIGNATURE PAGE
By:
Betsy Holder, City Clerk LaVern Nelson, Mayor
M:\W PFILES\AGREE\POLTRIA.B TB
Page 3 of 3 Pages
CITY OF GREELEY SIGNATURE PAGE
INTERGOVERNMENTAL AGREEMENT FOR USE
OF FORMER WELD COUNTY HOSPITAL
IN POLICE TRAINING EXERCISES
ATTEST: THE CITY OF GREELEY, COLORADO
cdt 4 akil ) B l City CYerk yor
v
Approved as to egal orm: Approved as to Substance:
City A t r ey y Manager
Availability of Funds:
Director o inance
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