HomeMy WebLinkAbout20050511.tiff RESOLUTION
RE: APPROVE GENERAL RELEASE AND CONSENT OF USE FOR HARD-COPY AND
ELECTRONIC FILES AND AUTHORIZE CHAIR TO SIGN -APPLEGATE GROUP, INC.
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 a General Release and Consent of Use for
Hard-Copy and Electronic Files between the County of Weld,State of Colorado, by and through the
Board of County Commissioners of Weld County,and Applegate Group, Inc.,with further terms and
conditions being as stated in said contract, and
WHEREAS, after review,the Board deems it advisable to approve said contract, 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 General Release and Consent of Use for Hard-Copy and Electronic Files
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Applegate Group, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of February, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
� ��� WELD COUNTY, COLORADO
• lI%lljj/UU/I M %/l
4 `" 4 William H. erke, Chair
d .. � Clerk to the Board
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�.� iY •��I M. ei e, ro-Tem
eIny ritt#� Clerk to the Board D Lon
APPROVED TO FO \\\
Rob D. Masde
•o '�Attorney
Glenn Vaad
rate of signature: tt7:5---
2005-0511
BC0035
GENERAL RELEASE AND CONSENT OF USE
FOR HARD-COPY AND ELECTRONIC FILES
Applegate Group, Inc. hereby releases to Weld County hard-copy and electronic files associated with water
consulting and engineering provided by Applegate Group, Inc. in relation to Applegate Group, Inc. project files
02-107 and 02-108.
This General Release and Consent shall constitute the express written consent of Applegate Group, Inc. for
Weld County to generally and broadly use and apply data, designs, drawings, reports and other documentation
developed under the Agreement of May 25, 1990 between Applegate Group, Inc. and Weld County.
In addition, Weld County agrees, to the fullest extent permitted by law, to indemnify and hold Applegate
Group, Inc. harmless from any damage, liability or cost, including reasonable attorneys' fees and costs of
defense, arising from any changes made by anyone other than Applegate Group, Inc. Furthermore, Applegate
Group Inc. will not be responsible or liable for any modifications, alterations and renovations to the released
files. Weld County agrees to compensate Applegate Group, Inc. for all time and materials expended in
coordination, verification, preparation and transmittal of the requested electronic files in accordance with the
time and materials contract agreement in effect between the parties for this project.
Under no circumstances shall transfer of the drawings and other instruments of service on electronic media for
use by Weld County be deemed a sale by Applegate Group, Inc. Applegate Group, Inc. makes no warranties,
either express or implied, of merchantability or fitness for any particular purpose. Furthermore, Applegate
Group, Inc. does not guarantee the accuracy or completeness of the electronic files.
The undersigned understands that the requested electronic files for the referenced project files have been
provided for reference only. Any information obtained from these files shall be used solely at the risk of Weld
County(undersigned).
By signing, parties assert that they are legally authorized to execute this General Release and Consent on behalf
of Weld County and Applegate Group, Inc. respectively.
Weld County: Applegate Group, Inc.:
William H. Jerke modk J ?P( p4cre-
Printed or Typed Name Printed or Typed Name
Chair, Board of County Commissioners n2e.5 ,,,e.,/T
Title Title
Signature Signature
02/14/2005 O4- /cU /Zoo
Date Date
AG File #02-107
2005-0511
aApplegate : ` r
Group, Inc. APR 1 1 T
005
April 7, 2005
->RNEY'S OFFICE ri
Mr. Lee Morrison
Assistant County Attorney
915 10th Street
Greeley, CO 80632
Dear Lee:
Please find enclosed a fully executed copy of the General Release and Consent of Use for Hard-
Copy and Electronic Files. As referenced in the Release, we will provide electronic and hard-
copies of file information relating to Applegate Group, Inc. project files 02-107 and 02-108.
We will attempt to complete this transfer of project information to you as soon as possible
depending upon staff availability. In order to provide this information to the County, we will
need to complete an internal review of the file information to ensure that the proper documents
are being provided. Following this review, we will have the file information copied by a
commercial copier such as Kinko's to eliminate our time in handling the files. Additionally, we
will review the electronic files and provide copies of the data on CD.
We have enjoyed working with the County over the last several years and would hope that the
County would continue to entertain Applegate Group, Inc. for any future services.
Cordially,
Applegate Group, Inc.
William A. Warmack, P. E.
Department Manager
WAW/ta
Enclosure
cc: AG File#02-108
N:\02108 Weld County SSPs\File Transfer\LMorrision-general release-040705.doc
1499 West 120th Avenue, Suite 200 (303)452-6611 • ( )
Denver, Colorado 80234-2759 Fax 303 coup corn
www.a p p l e g at e g ro u p.c o m
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