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Home My WebLink About20113043.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR FUEL PURCHASE 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 for Fuel Purchase between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Fort Lupton, commencing upon full execution, 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 Intergovernmental Agreement for Fuel Purchase between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Fort Lupton 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 28th day of November, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ")at /Pill � 'Barbara Kirkmeye Chair Weld County Clerk to the Boar) EL _ �^ • I / an P. Con k , Pro-Tem .ay BY: . . yam, 1 . ►. .t I iI_?�l�1/49= Deputy C rk to the Boa i m . Garcia • ®U Net ED ASI vAN,lCf David E. Lor)g- oun ttorney ti ' 4-4—.)—(Dougl s Rademach r Date of signature: )a-aD-1 I / orig to `.i Luploh CG : .17. Capon it-a 9 -// /7-a0_// 2011-3043 BC0042 INTERGOVERNMENTAL AGREEMENT FOR FUEL PURCHASE BETWEEN THE CITY OF FORT LUPTON, COLORADO, AND THE WELD COUNTY BOARD OF COMMISSIONERS T.1.4s AGREEMENT, made and entered into this / 7 day of C.t FJ b e.2 , 2011, by and between the CITY OF FORT LUPTON, COLORADO, by and through the City Council of the City of Fort Lupton, hereinafter referred to as the"City," and the COUNTY OF WELD, COLORADO, by and through the Board of County Commissioners of the County of Weld, hereinafter referred to as the "County." WITNESSETH: WHEREAS, the City does not currently have a fuel facility for the City's fleet; and WHEREAS, the County has a fuel facility located at 7625 Weld County Road 31, Fort Lupton, Colorado, with sufficient capacity for both the City's and the County's fleets; and WHEREAS, in order to set forth clearly the responsibilities, obligations, powers, and rights of each of the parties, the City and the County hereby enter into this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree as follows: 1. DEFINITIONS. A. County Fleet: As used in this Agreement, the term "County fleet" shall mean vehicles and equipment owned or leased by the County. B. Fuel Facility: As used in this Agreement, the term "fuel facility" means the fuel facility owned by the County and located at 7625 Weld County Road 31, Fort Lupton, Colorado. C. Fuel Cards: As used in this Agreement, the term "fuel cards" refers to equipment cards and employee cards that are coded with information. When used together, they will allow access to fueling services at the County fuel facility. D. Fuel: As used in this Agreement, the term "fuel" refers to diesel fuel and unleaded gasoline sold by the gallon and dispensed at the County fuel facility. E. City Fleet: As used in this Agreement.the term "City fleet" shall mean vehicles and equipment owned or leased by the City. 2. COUNTY RESPONSIBILITIES. A. It shall be the responsibility of the County to operate and maintain the fuel facility. The County shall make its best effort to ensure that the City is afforded an equal opportunity 2011-3043 to fuel its fleet. However, the County reserves the right under exigent circumstances to ensure that the County fleet takes priority over the City fleet in receiving available fuel. B. The County will purchase fuel cards as requested by the City and will ensure that the cards are coded correctly. C. The County shall provide a monthly management report to the City containing detailed information about each fueling transaction of the City fleet, subtotaled by vehicle. 3. CITY RESPONSIBILITIES. A. It shall be the responsibility of the City to distribute and keep track of the fuel cards and to take reasonable measures to protect against their unauthorized use. B. The City shall keep records regarding which employees and equipment are authorized to use the fuel facility, and will provide such information as needed by the County in order to set up the fuel usage tracking system. The City shall promptly inform the County of employees who leave the employee of the City and were authorized to use the fuel facility. It shall be the responsibility of the City to ensure that its employees provide accurate information on all fueling transactions. C. Notwithstanding Section 4(B), LIMITATIONS, LIABILITIES, INDEMNIFICATION, of this Agreement, the City shall indemnify the County for any costs associated with the unauthorized use of the fuel cards, including, but not limited to, fuel costs and any damage to the fuel facility. The City expressly waives its governmental immunity pursuant to the Colorado Governmental Immunity Act §24-10-101 C.R.S., et seq., with regards to its liability to the County for any costs associated with the unauthorized use of the fuel cards. D. Notwithstanding Section 4(B), LIMITATIONS, LIABILITIES, INDEMNIFICATION, of this Agreement, the City shall indemnify the County for any damage or loss to the fuel facility and to the stored fuel resulting from the actions of City officials, employees, or agents. The City shall also be responsible for indemnifying the County for all of the costs of any disruption of County operations resulting from damage or loss to the fuel facility and stored fuel. The City expressly waives its governmental immunity pursuant to the Colorado Governmental Immunity Act §24-10-101 C.R.S., et seq., with regards to its liability to the County for any costs associated with damage or loss to the fuel facility and to the stored fuel, and to any resulting disruption of County operations. E. The City understands that the fuel facility is unmanned and visited on an irregular basis by County personnel. The City shall be responsible for immediately informing by phone the appropriate County contact person referred to in Section 7, CITY AND COUNTY CONTACTS, of this Agreement, of any issues affecting the operation of the fuel facility. The City understands that the County may be unable to immediately address issues affecting the operation of the fuel facility and the County shall in no way be responsible for any costs incurred by the disruption of City operations or costs to obtain alternative 2 fuel sources. The City is solely responsible for ensuring that an alternative fuel source is available in the event that fuel is unavailable at the fuel station for whatever reason. F. The City understands that the County will not provide snow removal service to the fuel facility. If necessary to ensure access to the fuel facility for the City fleet, the City may elect at its own expense to remove snow from the fuel facility. Notwithstanding Section 4(B), LIMITATIONS, LIABILITIES, INDEMNIFICATION, of this Agreement, the City shall indemnify the County for any costs associated with damage caused to the fuel facility or other County property or personnel resulting from such snow removal. The City expressly waives its governmental immunity pursuant to the Colorado Governmental Immunity Act §24-10-101 C.R.S., et seq., with regards to its liability to the County for any costs associated with damage to the fuel facility or other County property or personnel resulting from snow removal by the City. Furthermore, notwithstanding Section 4(C), LIMITATIONS, LIABILITIES, INDEMNIFICATION, of this Agreement, the City assumes all risks to its property and personnel if it chooses to not remove snow from the fuel facility and the City shall not hold the County liable for any damage to City property or personnel resulting from snow or related cold weather conditions, e.g. ice, existing at the fuel facility. 4. LIMITATIONS, LIABILITIES, INDEMNIFICATION. A. Both the City and the County acknowledge that each party is a governmental entity immune from certain liability pursuant to the Colorado Governmental Immunity Act §24- 10-101 C.R.S., et seq. Such immunity is expressly waived by the City under certain circumstances as specified in Section 3, City Responsibilities, Subsections (C),(D), and (F) of this Agreement. Apart from Section 3, City Responsibilities, Subsections (C),(D),and (F) of this Agreement, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. B. To the extent the City is liable for any act, omission, or failure to act, despite the application of the aforementioned Colorado Governmental Immunity Act in instances where such immunity has not been expressly waived by the City pursuant to this Agreement, the City agrees to indemnify and hold harmless the County to the extent of the liability incurred by the act, omission, or failure to act by the City in relation to this Agreement. The City acknowledges that this agreement to indemnify and hold harmless the County extends to the Board of Weld County Commissioners, and to all Weld County officers, employees, and agents. C. To the extent the County is liable for any act, omission, or failure to act, despite the application of the aforementioned Colorado Governmental Immunity Act, the County agrees to indemnify and hold harmless the City to the extent of the liability incurred by the act, omission, or failure to act by the County in relation to this Agreement. The 3 County acknowledges that this agreement to indemnify and hold harmless the County extends to the Fort Lupton City Council, and to all City officers, employees, and agents. D. The term "liability" as used in this Section 4, includes, but is not limited to, claims, suits, expenses, damages, and court awards including costs and attorney fees incurred as a result of any act or omission by the applicable party who acted or failed to act. 5. TERM. This Agreement shall be effective for one (1) year from the date of final execution by the Board of Weld County Commissioners. At the end of the initial one year period, this Agreement shall automatically renew on a yearly basis for up to two (2) more years, unless sooner terminated by notice from either party in accordance with Section 6, Termination, of this Agreement. 6. TERMINATION. This Agreement may be unilaterally terminated, with or without cause, by either party issuing written notice in accordance with Section 10, Notices, of this Agreement. Within ten (1 0) days of receipt of said notice by the non-issuing party, the City shall notify the County in writing of the final date on which the City will use the fuel facility. Such final date shall be within twenty (20) days of the date when notice of such final date is issued by the City. The County shall ensure that by the end of the business day on the final date specified by the City that all fuel cards issued to the City shall be invalidated and not allow access to the facility or its fuel. The City shall ensure that all fuel cards are returned to the County within two (2) business days of the end of the final date specified by the City. 7. CITY AND COUNTY CONTACTS. In order to administer this contract effectively, both the City and County have designated contacts who will promptly address issues related to this contract. Any change in such contacts requires prompt notice in writing to the other party. The designated contacts are listed in Schedule A attached hereto and incorporated herein by reference. 8. COST AND REIMBURSEMENT. A. The City shall reimburse the County for the County's fuel dispensed to the City's fleet. The County will bill the City the per gallon cost for fuel used by the City plus three cents ($0.03) per gallon for facility and administrative costs. B. City shall pay the County three-dollars and fifty cents ($3.50) per fuel card for any fuel card that the City requests from the County. If the City requests that the County keep cards in stock for the City, then the City shall pay for the cards in stock. 9. NOTICES. 4 Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, postage prepaid, to the address for the appropriate contact person listed in Schedule A, attached hereto and incorporated herein by reference. 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 situations when immediate notification is required. Where immediate notification is required, such notification shall be by phone and email to the appropriate contact person. 10. ASSIGNMENT. The duties and obligations of both parties to this Agreement are not transferable or assignable without the prior written consent of the other party. 11. NO THIRD PARTY ENFORCEMENT. 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. 12. NONAPPROPRIATION. No portion of this Agreement shall be deemed to create an obligation on the part of the County nor upon the City to expend funds not otherwise appropriated in each succeeding year. 13. ENTIRE AGREEMENT, MODIFICATION, WAIVER OF 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 and any attached schedules 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, or subsequent, breach. IN WITNESS WHEREOF, the City and County have signed and sealed this Agreement this &8 C day of Veozen e— , 2011. 5 ATTEST: `"^ CLERK OF THE BO p-k '\\CHAIRMAN OF THE BOARD OF , �-#.-':WELD COUNTY COMMISSIONERS 1 861 D4, / Deputy Cl to the Bo ti l , /Barb Kirkmeyer / / Date: 1!OV 2 A ?nil Date: IV/ 2 6, 2011 Approved as to form: as i 1 e d C ntY Attorney Date: P lOV 2 0 2011 Cit ort Lupton City Council Title: m 1 b R Date: 1O1111 G D 1, 6 INTERGOVERNMENTAL AGREEMENT FOR FUEL PURCHASE BETWEEN THE CITY OF FORT LUPTON, COLORADO, AND THE WELD COUNTY BOARD OF COMMISSIONERS SCHEDULE A For the City: (JD(.hurl W• 4&vve5 Name { I P r /�< t/feJor of van c e� AGVA;6%kliC*ra•. Position 136 S. V\c k i v.\ev1 ke. , P r E LLJ n, C ) $°61'1 Address 3c3- 85.7 -60144 cxk . /03 Phone Number For the County: Fuel card re-issue, contract, and billing issues: Contact Accounting at (970) 356-4000 x 4445. Requests for cards please email vmauAco.weld.co.us. Pumps not working or minor spills (during business hours): Contact Buildings and Grounds at (970) 356-4000 x2020. Pumps not working or minor spills (After business hours): Contact Security at (970) 302-0233. Emergencies: Contact 911. Also, contact Buildings and Grounds at the numbers listed above. Notices: Brad Yatabe, Weld County Attorney's Office, PO Box 758, Greeley, CO 80632. 7 4011-3043 "12f2YCu.: [kk 12 ay, cti� 11 -28 1 INTERGOVERNMENTAL AGREEMENT FOR FUEL PURCHASE BETWEEN THE CITY OF FORT LUPTON, COLORADO, AND THE WELD COUNTY BOARD OF COMMISSIONERS This AGREEMENT, made and entered into this / — day of (t)e o b e it , 2011, by and between the CITY OF FORT LUPTON, COLORADO, by and through the City Council of the City of Fort Lupton, hereinafter referred to as the "City," and the COUNTY OF WELD, COLORADO, by and through the Board of County Commissioners of the County of Weld, hereinafter referred to as the "County." WITNESSETH: WHEREAS, the City does not currently have a fuel facility for the City's fleet; and WHEREAS, the County has a fuel facility located at 7625 Weld County Road 31, Fort Lupton, Colorado, with sufficient capacity for both the City's and the County's fleets; and WHEREAS, in order to set forth clearly the responsibilities, obligations, powers, and rights of each of the parties, the City and the County hereby enter into this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree as follows: 1. DEFINITIONS. A. County Fleet: As used in this Agreement, the term "County fleet" shall mean vehicles and equipment owned or leased by the County. B. Fuel Facility: As used in this Agreement, the term "fuel facility" means the fuel facility owned by the County and located at 7625 Weld County Road 31, Fort Lupton, Colorado. C. Fuel Cards: As used in this Agreement, the term "fuel cards" refers to equipment cards and employee cards that are coded with information. When used together, they will allow access to fueling services at the County fuel facility. D. Fuel: As used in this Agreement, the term "fuel" refers to diesel fuel and unleaded gasoline sold by the gallon and dispensed at the County fuel facility. E. City Fleet: As used in this Agreement, the term "City fleet" shall mean vehicles and equipment owned or leased by the City. 2. COUNTY RESPONSIBILITIES. A. It shall be the responsibility of the County to operate and maintain the fuel facility. The County shall make its best effort to ensure that the City is afforded an equal opportunity ,2 U//-3o y3 Dr1O > —2191-2-0080- /U - 1 to fuel its fleet. However, the County reserves the right under exigent circumstances to ensure that the County fleet takes priority over the City fleet in receiving available fuel. B. The County will purchase fuel cards as requested by the City and will ensure that the cards are coded correctly. C. The County shall provide a monthly management report to the City containing detailed information about each fueling transaction of the City fleet, subtotaled by vehicle. 3. CITY RESPONSIBILITIES. A. It shall be the responsibility of the City to distribute and keep track of the fuel cards and to take reasonable measures to protect against their unauthorized use. B. The City shall keep records regarding which employees and equipment are authorized to use the fuel facility, and will provide such information as needed by the County in order to set up the fuel usage tracking system. The City shall promptly inform the County of employees who leave the employee of the City and were authorized to use the fuel facility. It shall be the responsibility of the City to ensure that its employees provide accurate information on all fueling transactions. C. Notwithstanding Section 4(B), LIMITATIONS, LIABILITIES, INDEMNIFICATION, of this Agreement, the City shall indemnify the County for any costs associated with the unauthorized use of the fuel cards, including, but not limited to, fuel costs and any damage to the fuel facility. The City expressly waives its governmental immunity pursuant to the Colorado Governmental Immunity Act§24-10-101 C.R.S., et seq., with regards to its liability to the County for any costs associated with the unauthorized use of the fuel cards. D. Notwithstanding Section 4(B), LIMITATIONS, LIABILITIES, INDEMNIFICATION, of this Agreement, the City shall indemnify the County for any damage or loss to the fuel facility and to the stored fuel resulting from the actions of City officials, employees, or agents. The City shall also be responsible for indemnifying the County for all of the costs of any disruption of County operations resulting from damage or loss to the fuel facility and stored fuel. The City expressly waives its governmental immunity pursuant to the Colorado Governmental Immunity Act §24-10-101 C.R.S., et seq., with regards to its liability to the County for any costs associated with damage or loss to the fuel facility and to the stored fuel, and to any resulting disruption of County operations. E. The City understands that the fuel facility is unmanned and visited on an irregular basis by County personnel. The City shall be responsible for immediately informing by phone the appropriate County contact person referred to in Section 7, CITY AND COUNTY CONTACTS, of this Agreement, of any issues affecting the operation of the fuel facility. The City understands that the County may be unable to immediately address issues affecting the operation of the fuel facility and the County shall in no way be responsible for any costs incurred by the disruption of City operations or costs to obtain alternative 2 fuel sources. The City is solely responsible for ensuring that an alternative fuel source is available in the event that fuel is unavailable at the fuel station for whatever reason. F. The City understands that the County will not provide snow removal service to the fuel facility. If necessary to ensure access to the fuel facility for the City fleet, the City may elect at its own expense to remove snow from the fuel facility. Notwithstanding Section 4(B),LIMITATIONS, LIABILITIES, INDEMNIFICATION, of this Agreement, the City shall indemnify the County for any costs associated with damage caused to the fuel facility or other County property or personnel resulting from such snow removal. The City expressly waives its governmental immunity pursuant to the Colorado Governmental Immunity Act §24-10-101 C.R.S., et seq., with regards to its liability to the County for any costs associated with damage to the fuel facility or other County property or personnel resulting from snow removal by the City. Furthermore, notwithstanding Section 4(C), LIMITATIONS, LIABILITIES, INDEMNIFICATION, of this Agreement, the City assumes all risks to its property and personnel if it chooses to not remove snow from the fuel facility and the City shall not hold the County liable for any damage to City property or personnel resulting from snow or related cold weather conditions, e.g. ice, existing at the fuel facility. 4. LIMITATIONS, LIABILITIES, INDEMNIFICATION. A. Both the City and the County acknowledge that each party is a governmental entity immune from certain liability pursuant to the Colorado Governmental Immunity Act §24- 10-101 C.R.S., et seq. Such immunity is expressly waived by the City under certain circumstances as specified in Section 3, City Responsibilities, Subsections (C),(D), and (F) of this Agreement. Apart from Section 3, City Responsibilities, Subsections (C),(D),and (F) of this Agreement, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. B. To the extent the City is liable for any act, omission, or failure to act, despite the application of the aforementioned Colorado Governmental Immunity Act in instances where such immunity has not been expressly waived by the City pursuant to this Agreement, the City agrees to indemnify and hold harmless the County to the extent of the liability incurred by the act, omission, or failure to act by the City in relation to this Agreement. The City acknowledges that this agreement to indemnify and hold harmless the County extends to the Board of Weld County Commissioners, and to all Weld County officers, employees, and agents. C. To the extent the County is liable for any act, omission, or failure to act, despite the application of the aforementioned Colorado Governmental Immunity Act, the County agrees to indemnify and hold harmless the City to the extent of the liability incurred by the act, omission, or failure to act by the County in relation to this Agreement. The 3 County acknowledges that this agreement to indemnify and hold harmless the County extends to the Fort Lupton City Council, and to all City officers, employees, and agents. D. The term "liability" as used in this Section 4, includes, but is not limited to, claims, suits, expenses, damages, and court awards including costs and attorney fees incurred as a result of any act or omission by the applicable party who acted or failed to act. 5. TERM. This Agreement shall be effective for one (1) year from the date of final execution by the Board of Weld County Commissioners. At the end of the initial one year period, this Agreement shall automatically renew on a yearly basis for up to two (2) more years, unless sooner terminated by notice from either party in accordance with Section 6, Termination, of this Agreement. 6. TERMINATION. This Agreement may be unilaterally terminated, with or without cause, by either party issuing written notice in accordance with Section 10, Notices, of this Agreement. Within ten (10) days of receipt of said notice by the non-issuing party, the City shall notify the County in writing of the final date on which the City will use the fuel facility. Such final date shall be within twenty (20) days of the date when notice of such final date is issued by the City. The County shall ensure that by the end of the business day on the final date specified by the City that all fuel cards issued to the City shall be invalidated and not allow access to the facility or its fuel. The City shall ensure that all fuel cards are returned to the County within two (2) business days of the end of the final date specified by the City. 7. CITY AND COUNTY CONTACTS. In order to administer this contract effectively, both the City and County have designated contacts who will promptly address issues related to this contract. Any change in such contacts requires prompt notice in writing to the other party. The designated contacts are listed in Schedule A attached hereto and incorporated herein by reference. 8. COST AND REIMBURSEMENT. A. The City shall reimburse the County for the County's fuel dispensed to the City's fleet. The County will bill the City the per gallon cost for fuel used by the City plus three cents ($0.03) per gallon for facility and administrative costs. B. City shall pay the County three-dollars and fifty cents ($3.50)per fuel card for any fuel card that the City requests from the County. If the City requests that the County keep cards in stock for the City, then the City shall pay for the cards in stock. 9. NOTICES. 4 Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, postage prepaid, to the address for the appropriate contact person listed in Schedule A, attached hereto and incorporated herein by reference. 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 situations when immediate notification is required. Where immediate notification is required, such notification shall be by phone and email to the appropriate contact person. 10. ASSIGNMENT. The duties and obligations of both parties to this Agreement are not transferable or assignable without the prior written consent of the other party. 11. NO THIRD PARTY ENFORCEMENT. 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. 12. NONAPPROPRIATION. No portion of this Agreement shall be deemed to create an obligation on the part of the County nor upon the City to expend funds not otherwise appropriated in each succeeding year. 13. ENTIRE AGREEMENT, MODIFICATION, WAIVER OF 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 and any attached schedules 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, or subsequent, breach. IN WITNESS WHEREOF, the City and County have signed and sealed this Agreement this day of , 2011. ATTEST: 5 CLER OF THE D CHAIRMAN OF THE BOARD OF / "`-1 �'5"i�� WELD COUNTY COMMISSIONERS ��lll"' / /6/u, D(`.A t P -- Deputy Clef to the Board Sean P. Conway, Chair Date: /-9- (/R Date: JAN 0 9 2012 City of Fort Lupton %drilla-- Title: illy /1-AV Date: ,,j -1-)—i / y...---- Approjaed as to fgrfii: i -77-:77unty Attorney i ' ! l Date: V Ci of Fort Lupton City Council Title: 04 a 7 p✓ Date: la. / a7 /II 6 INTERGOVERNMENTAL AGREEMENT FOR FUEL PURCHASE BETWEEN THE CITY OF FORT LUPTON, COLORADO, AND THE WELD COUNTY BOARD OF COMMISSIONERS SCHEDULE A For the City: Name lam/ s�/G'// /'4,(1 vrtr.v— Positi 1330 -S deAKK Address d'._) ‘‘fy :> , 8s7 612) Phone Number For the County: Fuel card re-issue, contract, and billing issues: Contact Accounting at (970) 356-4000 x 4445. Requests for cards please email vmau@co.weld.co.us. Pumps not working or minor spills (during business hours): Contact Buildings and Grounds at (970) 356-4000 x2020. Pumps not working or minor spills (After business hours): Contact Security at (970) 302-0233. Emergencies: Contact 911. Also, contact Buildings and Grounds at the numbers listed above. Notices: Brad Yatabe, Weld County Attorney's Office, PO Box 758. Greeley, CO 80632. 7 MEMO MIT totr. CITY CLERK nr 'i4t jx CITY OF FORT LUPTON 130 S McKinley AVENUE enema FORT LUPTON, CO 80621 303-857-6694 x 101 Peribrmance.Integrit)t Teamwork Accountability and Service TO: Jenny VanEgdom Administrative Coordinator Board of County Commissioners FROM: Barb Rodgers N DATE: December 27, 2011 SUBJECT: IGA FOR FUEL PURCHASE BETWEEN THE CITY OF FORT LUPTON AND THE WELD COUNTY COMMISSIONERS Greetings—enclosed are two (2) copies of the above mentioned document, signed by the appropriate city officials and are ready for the signatures of the appropriate county officials. Please return to my attention, one (1) copy of the agreement with original signatures. If you have questions or concerns, please contact me. Wishing you a happy and healthy 2012. QCitp of fort Lupton COUNTY OF WELD Barbara Rodgers City Clerk 130 S. McKinley Ave. 303-857-6694 Ext. 101 Fort Lupton CO 80621 Greeley 970-346-0326 brodgers®fortlupton.org Fax 303-857-0351 Hello