HomeMy WebLinkAbout20131455.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT REGARDING WEED SPRAYING
AND AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON
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
Regarding Weed Spraying between the City of Fort Lupton and the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, commencing
upon execution of signature, and ending one year to the date, with further terms and conditions
being as stated in said intergovernmental agreement, and
WHEREAS, after review, the Board deems it advisable to approve said intergovernmental
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 Regarding Weed Spraying between the
City of Fort Lupton and the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said intergovernmental agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD C TY, COLORADO
ATTEST: (�y Q"r „!
��M..=yw'��^ra+J� � \%GIB_
Weld County Clerk to the
Deputy Clerk to the B
APPR• . ++I AS
Attorney
Date of signature: JUN 2 1 2013
Mike Freeman
tiara Kirkmeyer
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2013-1455
EG0068
1 9 a 6
COME PAINT YOUR FUTURE WITH US
June 4, 2013
Board of County Commissioners
Of Weld County
PO Box 758
1130 O Street
Greeley, CO 80632
City Clerk
130 S. McKinley Avenue
Fort Lupton, CO 80621
www.fortlupton.orq
RECEIVED
J,JN 06 20Th
vvELD COUNTY
COMMISSIONERS
Phone: 303.857.6694
Greeley: 970.346.0326
Fax: 303.857.0351
Dear Commissioners:
Enclosed are two original, signed, Intergovernmental Agreement for Weed Spraying.
Please return an executed copy to the City of Fort Lupton, 130 S. McKinley Avenue,
Fort Lupton, CO 80621.
If you have any questions, please don't hesitate to contact me at (720) 466-6101.
Sincerely, A\
Nanette S. ornof, MMC
City Clerk
Enclosures
2013-1455
•
AGREEMENT FOR WEED SPRAYING
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THIS AGREEMENT, made and entered into this day of .\ w� a� w . 2013,
by and between �\s,..>_G h 1/4\_1/4
whose address is \"'J� �\��\��1�i�i��
hereinafter referred to as "City," and THE COUNTY F WELD, STATE OF COLORADO, by and
through the Board of County Commissioners of the County of Weld, Colorado, whose address is
PO Box 758, 1130 O Street, Greeley, Colorado 80632, hereinafter referred to as "County".
WHEREAS, City wishes to have County perform weed spraying services on
, within the boundaries of City, which are hereinafter
referred to collectively as "City Rural Roads", and
WHEREAS, County is agreeable to rendering such services pursuant to the terms and
conditions hereinafter set forth, and
WHEREAS, Agreements between County and other governmental entities are authorized
and provided for by the provisions of Section 29-1-203, C.R.S., and so provided for by Section 2-
3 of the Weld County Home Rule Charter.
NOW, THEREFORE, County agrees to provide weed spraying services on City Rural Roads
according to the following terms and conditions:
1. County shall spray weeds on City Rural Roads contemporaneously with County's similar
activity on Weld County roads surrounding City. City understands that Weld County
Roads lying outside the boundaries of the City shall be given priority.
2. City agrees to pay County for the weed spraying services it renders pursuant to the
terms of this Agreement at the following costs: $45.00 per hour for labor, a one hour
set-up fee per application day, and $25.00 per acre for chemical. County shall bill City on
a periodic basis for those services which have been performed in said period.
3. No portion of this 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
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 Agreement.
4. This Agreement shall run from year-to-year from the date of the signing of this
Agreement unless terminated by either County or City, providing the party seeking to
terminate this Agreement gives the other party ten (10) days written notice prior to the
date of said termination.
Page 1 of 2 Pages
5. The parties hereby agree that neither has made or authorized any Agreement with
respect to the subject matter of this instrument other than expressly set forth herein,
and contained shall be binding on either party, or its agents or employees, hereto. This
Agreement embodies all Agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
6. 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 Agreement shall be deemed
valid and enforceable to the extent permitted by law.
7. It is expressly understood and agreed that the 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 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 an incidental beneficiary only.
IN WITNESS WHEREOF, the parties hereto have agreed as set forth herein the date and
ear set forth above.
ATTEST:
BY:
Town Cler
is
o?
t� '�s:
ATTEST:
CLERK TO THE OARD OF O NTY
COMMISSIONERS
BY:
Deputy Clerk to t ' Board
TOWN:
BY:
Mayor
NTY:
D OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
William F. Garcia, Chair
JUN 1 2 2013
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