HomeMy WebLinkAbout980316.tiff RESOLUTION
RE: APPROVE AGREEMENT TO HOUSE AMBULANCE OR AMBULANCE EQUIPMENT,
OR BOTH AND AUTHORIZE CHAIR TO SIGN - JOHNSTOWN FIRE PROTECTION
DISTRICT
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 to House Ambulance or
Ambulance Equipment, or Both between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Ambulance
Service, and the Johnstown Fire Protection District, commencing February 23, 1998, and
ending December 31, 1998, with further 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 to House Ambulance or Ambulance Equipment, or
Both between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Ambulance Service, and the
Johnstown Fire Protection District 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 23rd day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
ns / WELD COUNTY, COLORADO
ATTEST: / !i�G.2 (��.��i-s�7.u%t.re-e'�� ✓ic
`pry Constance L. Harbert, Chair
Weld Co ty -�
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W. H. bster, Pro-Tem
BY: rs� : cc-
Deputy e '( _*d .Cyr
‘or e E. Baxter
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Barbara J. Kirkmeyer /l
980316
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AGREEMENT TO HOUSE AMBULANCE
OR AMBULANCE EOUIPMENT, OR BOTH
This Agreement is between the JOHNSTOWN FIRE PROTECTION DISTRICT
(JOHNSTOWN), as represented by its duly elected Board whose mailing address is P.O. Box F,
Johnstown, Colorado 80534, and COUNTY OF WELD, STATE OF COLORADO, 915 10th
Street, P.O. Box 758, Greeley, Colorado 80632, acting through its Board of County
Commissioners on behalf of the Weld County Ambulance Service (WCAS). This Agreement
arises from the following facts and circumstances:
(A) JOHNSTOWN operates a fire department with its fire station currently located at
p'LA,M,1,1.tit,a, , JOHNSTOWN, Colorado 80534. JOHNSTOWN is in the process of
building a new fire station from which it will conduct its operations in the future. (The fire
station currently in use by JOHNSTOWN, as well as any fire station in use by JOHNSTOWN in
the future shall be referred to in this Agreement as "the facilities"). JOHNSTOWN would like to
provide space for a WCAS ambulance, or Advanced Life Support Equipment, or both, in
JOHNSTOWN's facilities, in an effort to ensure that an Advanced Life Support ("ALS")
equipment, ("EMS equipment") or an ALS ambulance, ("Ambulance"), or both, are available to
the citizens of the JOHNSTOWN Fire Protection District, and to the citizens of Weld County
who reside in, or near, the Town of JOHNSTOWN.
(B) WCAS operates an ambulance service for citizens of Weld County. WCAS has
determined that it would be appropriate, and has agreed to locate an ambulance, or EMS
equipment, or both, in the JOHNSTOWN facilities.
(C) The parties wish to formalize their agreement concerning this matter.
NOW THEREFORE, in consideration of their mutual promises herein, the parties hereto
agree as follows:
1. Recitals. The above set forth recitals are incorporated herein by reference as set
forth.
2. Agreement to House Ambulance, or Equipment, or both. The parties agree
that WCAS may house an ambulance or EMS equipment, or both, at the JOHNSTOWN
facilities, at such times as mutually agreed upon between the parties, provided that WCAS shall
place the Ambulance or equipment, or both, only in the space designated by JOHNSTOWN. The
parties agree that the Ambulance or any EMS equipment is housed at the JOHNSTOWN
facilities for WCAS use only. JOHNSTOWN's employees or agents are specifically not
authorized to use or operate the Ambulance or EMS equipment without the direct supervision of
WCAS.
3. Term. This Agreement shall commence upon the date of signing, continuing
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through December 31, 1998, and shall automatically renew each year thereafter, unless sooner
terminated by either party pursuant to the terms and conditions set forth herein.
4. Payment for Storage. The parties agree that no monies will be paid by either
party to the other under the terms and conditions of this Agreement and that the mutual benefits
contained herein accruing constitute sufficient consideration therefor.
5. Access to the Ambulance or EMS equipment or both. Housed at the
Facilities. JOHNSTOWN shall provide WCAS with Access to the Ambulance or EMS
equipment, or both, housed at the facilities at all times so that said Ambulance or EMS
equipment is available for use in an emergency situation or otherwise, or so that WCAS may
perform necessary repairs or maintenance. WCAS shall secure all access points when entering or
leaving the facilities. WCAS agrees to permit only authorized employees of WCAS or persons
under WCAS's direct supervision to enter the JOHNSTOWN facilities.
6. Use of the Facilities. WCAS will use the facilities for the limited purposes
provided hereby. WCAS will endeavor to cooperate and coordinate its activities with the
JOHNSTOWN personnel and JOHNSTOWN's activities, provided that JOHNSTOWN shall not
interfere with the emergency requirements of providing services by WCAS to citizens of Weld
County or others.
7. Facilities Maintenance. WCAS acknowledges that the JOHNSTOWN facilities
are owned and maintained by JOHNSTOWN, and that WCAS houses its Ambulance at the
JOHNSTOWN facility at the discretion of JOHNSTOWN. JOHNSTOWN shall be solely
responsible for the utilities, routine expenses, and other expenses, including, but not limited to,
the performance of any routine, extraordinary or emergency repairs or maintenance on
JOHNSTOWN's facilities. If any change, alteration or improvements contemplated by
JOHNSTOWN will require WCAS to relocate the Ambulance, or EMS equipment, or both,
WCAS will do so in a timely manner. If any repair or maintenance required at the
JOHNSTOWN facilities is a direct result of intentional misconduct or gross negligence on the
part of WCAS, then upon notice from JOHNSTOWN, WCAS will be responsible for such repair
or maintenance.
8. Ambulance Maintenance. WCAS shall be solely responsible for the expenses
associated with the Ambulance, or EMS equipment, or both, including, but not limited to, the
performance of any routine, extraordinary or emergency repairs or maintenance of the
Ambulance or EMS equipment. JOHNSTOWN is not engaged in the business of storing goods
for hire, nor the warehouse business, but has simply agreed to permit WCAS to house an
Ambulance or EMS equipment purchased and owned by WCAS in facilities owned by
JOHNSTOWN. Consequently, except for intentional misconduct or willful negligence by
JOHNSTOWN, its employees or agents, JOHNSTOWN will assume no liability for the quality
or condition of the Ambulance or EMS equipment at any time.
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9. Insurance. Each party to this Agreement shall secure and maintain throughout
the term of this Agreement, general comprehensive liability insurance for all claims that may be
applicable to that party. Either party may satisfy its obligations under this paragraph 9 through a
program of self-insurance. Each party shall also carry such insurance as will protect it from all
claims under any Worker's Compensation laws in effect that may be applicable to that party. All
insurance required hereunder shall remain in force for the entire term of this Agreement.
10. Assignment. This Agreement shall not be assigned without the non-assigning
party's prior consent.
11. Indemnity. To the extent permitted by law, each party agrees to indemnify and
hold the other party harmless against any and all losses, expenses, claims, or causes of action of
every kind and character on account of damages to or loss of any property, or on account of
injury to or death of any person or persons directly or indirectly resulting from or arising out of
WCAS's storage of equipment or ambulance at the JOHNSTOWN facilities. Notwithstanding
any provision to the contrary, nothing shall be construed to be a waiver of either party's rights
under the Governmental Immunity Act for the State of Colorado.
12. Mutual waiver and release. Except to the extent caused by the other party's
gross negligence or intentional misconduct, each party waives and releases the other party, its
employees, and agents from all claims for any loss, injury, death, or damage to persons, property,
or to either party's business occasioned by theft, act of God, public enemy, injunction, riot,
strike, insurrection, wars, court order, requisition, order of governmental body or authority, fire,
explosion, falling objects, steam, rain, snow, water, leak or flow of water, or from any other
place, or from breakage, leakage, obstruction, or other defects of the pipes, sprinklers, wires,
appliances, plumbing, air conditioning, or lighting fixtures of the facility or from construction,
repair or alteration of the facility or the ambulance, or from any cause beyond the control of the
other party.
13. Termination. This Agreement may be terminated at any time by either party for
any reason by giving the other party 30 days' written notice of the terminating party's intent to
terminate. Upon termination of this Agreement, WCAS will surrender the area in the facility
assigned to the Ambulance or EMS equipment in good condition except for reasonable wear and
tear or for damage due to causes beyond the control of, or without fault or negligence of WCAS.
14. Default. If either party is in default under any of the terms and provisions
contained herein, the non-defaulting party shall notify the defaulting party of the default. The
defaulting party shall then have 15 days after such notice in which to cure any default. If any
default is not capable of being cured within the requisite period of time, then so long as the party
charged with the default has diligently pursued such cure of the default within the prescribed
period, the defaulting party shall be given the necessary time to cure the default.
If the defaulting party is WCAS, and the default continues after the period for
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JOHNSTOWN FIRE PROTECTION DISTRICT
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18. Inurement. This Agreement shall inure to the benefit of the assigns, and
successors in interest of the parties hereto.
19. Budget Constraints. Nothing in this Agreement shall be construed to require the
WCAS to maintain an Ambulance or EMS equipment at the JOHNSTOWN facility if WCAS
has no such Ambulance or EMS equipment available. Nothing in this Agreement shall be
construed to require the Weld County Board of County Commissioners to provide funding for
any purpose under this Agreement that has not previously been budgeted.
20. No Third Party Enforcement. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that any
entity, other than the undersigned parties, receiving services or benefits under this Agreement,
shall be deemed an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 23rd
day of February , 1998.
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD, STATE OF COLORADO
ATTEST.
kitiLJ ett ' �,, / 1►����o
By: Constance L. Harbert, Chair (02/23/98) / $1Cs1
By: f;)
Deputy Cle�
JOHNSTOWN FIRE PROTECTION DISTRICT
ifDeed ATTEST:
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cure passes, JOHNSTOWN may, at its election and upon an additional 30 days' notice to
WCAS, cancel and terminate this Agreement and upon the expiration of the 30 days' notice to
terminate, immediately repossess the section of the facilities that was designated for the WCAS
ambulance or EMS equipment, or both. Upon repossession by JOHNSTOWN pursuant to this
paragraph, this Agreement shall be considered to be terminated and WCAS shall have 10 days
after termination in which to completely remove its Ambulance or EMS equipment, or both,
from the premises of the JOHNSTOWN facilities.
If the defaulting party is JOHNSTOWN, and the default continues after the period
for cure passes, WCAS may pursue all available legal remedies.
No waiver of any default or breach of any one or more of the conditions or
covenants of this Agreement by either party shall be deemed to imply or constitute a waiver of
any succeeding or other breach thereunder.
14. Notices. Any notice to be given under this Agreement shall either be hand
delivered, with signed receipt, or mailed to the party to be notified at the address set forth on
page one of this Agreement, until such time as written notice of a change is received from the
party wishing to make a change of address. Any notice so mailed and any notice served by
personal delivery shall be deemed delivered and effective upon receipt or upon attempted
delivery. This method of notification will be used in all instances, except for emergency
situations when immediate notification to the parties is required.
15. Parties' Relationship. The parties to this Agreement intend that the relationship
between them contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an
employee, agent, or servant of another party to this Agreement.
16. Modification and Breach. This Agreement contains the entire Agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, novation, 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 undersigned
parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived
or excused, unless such waiver or consent shall be in writing and signed by the party claimed to
have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other
party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any
other different or subsequent breach.
17. Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original intent of
the parties.
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