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INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
MOSQUITO MANAGEMENT PROGRAM
THIS.INTERGOVERNMENTAL AGREEMENT is made and entered into effective as of the
IC) day of November,2003,A.D.between the COUNTY OF WELD, a political subdivision of the
STATE OF COLORADO, whose address is 915 10th Street, P. O. Box 758, Greeley, CO 80632,
hereinafter referred to as"Weld County,"and the CITY OF DACONO, a municipal corporation of
the STATE OF COLORADO,with its principal office located at 512 Cherry Street,P.O. Box 186,
Dacono, CO 80514, hereinafter referred to as "Municipality."
•
WITNESSETH:
WHEREAS, in order to effectively deal with the continuing threat of mosquito borne
transmission of West Nile Virus,Weld County has contracted with Colorado Mosquito Control,Inc.,
("Company") for Integrated Mosquito Management("BIM")services within certain areas of Weld
County, Colorado, during the year 2004, and
WHEREAS, said 1MM services are detailed in a document entitled, "Bid No. B0200268
Weld County Cooperative Mosquito Control Services 2003, Colorado Mosquito Control, Inc.
(Contract)," and
WHEREAS, for an additional price to be paid to Company by Municipality through Weld
County, Company will perform similar 1MM services within the boundaries of Municipality, and
WHEREAS,Weld County and Municipality now desire to enter into this Intergovernmental
Agreement so as to memorialize their agreement with respect to their respective responsibilities
regarding the provision of such IMM services by Company within Municipality's boundaries.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. PROVISION OF 1MM SERVICES BY COMPANY WITHIN MUNICIPALITIY'S
BOUNDARIES: Upon the signing of this Intergovernmental Agreement by both
parties hereto and the payment of the service fee by Municipality to Weld County as
detailed in Paragraph 2, below, Weld County shall direct Company to perform the
1MM services set forth in Contract within Municipality's boundaries during the year
2004.
2. PAYMENT OF SERVICE FEE:Municipality agrees to pay a one-time service fee of
$6,697.00 to Weld County by March 1,2004,to pay for all of the IMM services to be
performed by Company within Municipality's boundaries during the year 2004.
Upon receipt, Weld County shall immediately transmit such payment to Company.
Page 1 of 3 Pages
M200.E/
CO ; CI, L 2004-0247
3. MONITORING OF THE WORK OF COMPANY: Staff from the Weld County
Department of Public Health and Environment shall be responsible for monitoring
the work of Company to ensure that the IMM services detailed in Contract are
fulfilled during the year 2004 within Municipality's boundaries. Notice and contact
shall be through Mr. Trevor Jiricek, Weld County Department of Public Health and
Environment, 1555 N. 17th Avenue, Greeley, Co 80631; (970)304-6415, ext. 2214;
FAX: (970) 304-6411.
4. AGREEMENT BY WELD COUNTY TO PAY FOR 1MM SERVICES TO BE
PERFORMED BY COMPANY WITHIN APPROXIMATELY 1 MILE AREA
SURROUNDING MUNICIPALITY:Upon receipt of payment by Municipality as set
forth in Paragraph 2, above, Weld County shall pay for and direct Company to
perform the 1MM services set forth in Contract during 2004 within an approximately
1 mile area surrounding Municipality.
5. TERM: The term of this Intergovernmental Agreement shall be from January 1,
2004, to and until December 31, 2004.
6. LIABILITY INSURANCE COVERAGE:Weld County has arranged with Company
to include Municipality as an additional named insured on Company's general
liability policy as detailed in Section I. 1. on Page 13 of Contract.
7. NO GUARANTEE BY WELD COUNTY:Municipality acknowledges that although
the goal of the 1MM services to be performed within Municipality's boundaries by
Company is to reduce the mosquito population and consequent threat of transmission
of West Nile Virus,Weld County makes no guarantee as to the effectiveness of such
1MM services in achieving such goal.
8. ENTIRE AGREEMENT: This writing constitutes the entire Intergovernmental
Agreement between the parties hereto with respect to the subject matter herein, and
shall be binding upon said parties, their officers, employees, agents and assigns and
shall inure to the benefit of the respective survivors,heirs,personal representatives,
successors and assigns of said parties.
9. NO WAIVER OF IIMMUNITY: No portion of this Intergovernmental 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 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.
Page 2 of 3 Pages
10. 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 by the parties the day of November, 2003.
ATTEST: 164/11/7)
617 / COUNTY OF WELD, a political subdivision
Weld County Clerk to thhe Boar. of the STATE OF COLORADO:
By: /�. .r �L-,; �'}z� � : V3a
�c ati. s
Deputy Clerk to the Bo• tD. Masden, Chairman 01/14/2004
Board of County Commissioners of the
County of Weld
ATTEST: CITY OF DACONO, a municipal
corporation of the STATE OF COLORADO
By: `/ y'( C •l By: 9�&4
1 Town Clerk , Mayor
Page 3 of 3 Pages
RESOLUTION NO. 03-53
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY AND WELD COUNTY FOR A COOPERATIVE
MOSQUITO MANAGEMENT PROGRAM.
WHEREAS,Weld County has entered into an agreement with Colorado Mosquito Control, Inc.,
for integrated mosquito management services within certain unincorporated areas of Weld County; and
WHEREAS, the City has the opportunity to participate in this integrated mosquito management
services program for areas within the City's municipal limits, as set forth in the Intergovernmental
Agreement for Cooperative Mosquito Management Program (the"Agreement") attached hereto; and
WHEREAS, if the City contracts to join the integrated mosquito management services program,
Weld County will pay for mosquito management services for the area within the County approximately 1
mile beyond the City's municipal limits; and
WHEREAS, the City Council has reviewed the Agreement, finds the terms of the Agreement
acceptable,and further finds that entering into the Agreement will further the health,safety and welfare of
the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DACONO, COLORADO:
Section 1. The Intergovernmental Agreement for Cooperative Mosquito Management Program
between the City and Weld County (the "Agreement") attached hereto and incorporated herein by this
reference,is hereby approved in essentially the same form as the copy of such Agreement accompanying
this Resolution.
Section 2. The Mayor is hereby authorized to sign the Agreement,and is further authorized to
approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the
protection of the City, so long as the essential terms and conditions thereof are not altered.
INTRODUCED, READ AND ADOPTED this l( ) `day of f�, > , 2003.
Wade Carlson, Mayor
ATTEST:
Nancy 311io City Clerk
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