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INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
MOSQUITO MANAGEMENT PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as of
the 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 FORT LUPTON, a municipal
corporation of the STATE OF COLORADO, with its principal office located at 130 S. McKinley,
P.O. Box 148, Fort Lupton, CO 80621, 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,Mc.,
("Company")for Integrated Mosquito Management("IMM") services within certain areas of Weld
County, Colorado, during the year 2004, and
WHEREAS, said IMM 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 IMM 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 IMM 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
IMM 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$11,728.80 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.
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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 IMM 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 IMM 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 IMM 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
IMM 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 IMMUNITY: 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.
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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: M �� ` ( . / UNTY OF WELD, a political subdivision
Weld County Clerk to the Board /-4�ie STATE OF COLORADO:
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1861 IreA-
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Deputy Clerk to the Board :I n p `� .�1�%. Masden, Chairman 01/14/2004
Board of County Commissioners of the
County of Weld
ATTEST: CITY OF FORT LUPTON, a municipal
corporation of the STATE OF COLORADO
By:/1O.4.25a/....a. By: 1" >
Fc,e r 4.10 74-O v , Town lerk ro r , Mayor
Am Ado 9 - 1a6
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