HomeMy WebLinkAbout20040256.tiff INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
MOSQUITO MANAGEMENT PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective
as of the day of December, 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 TOWN OF
HUDSON, a municipal corporation of the STATE OF COLORADO, with its principal office
located at 557 Ash, P.O. Box 351, Hudson, CO 80642, 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 ("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 COMPANYWITHIN 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$8,765.30 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
� 0O3/
00 ; . �� -� f-}4__ 2004-0256
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.
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 b the parties the day of December, 2003.
ATTEST: ;_hl IE `COUNTY OF WELD,a political subdivision
Weld County Clerk topi/
- a,/• ` ..\the STATE OF COLORADO:
atlti.
(so!
e v, '.,� a I♦� " �
r. �D�l �' `, `x_ Q�
By . .r , , _..4'/(1. •'
Deputy Clerk to the Board 4 � � ert D. Masden, Chairman 01/14/2004
Board of County Commissioners of
--+� HUCSO the County of Weld
Of
ATTEST: O
i- I.
TOWN OF HUDSON, a municipal
SEAL
O corporation of the STATE OF
O COLORADO
Q'
BY `O C . CO�'OQ, By: C N C- p .
iJudy�n, Town Clerk Charles E. Rossi, Mayor
Page 3 of 3 Pages
Hello