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HomeMy WebLinkAbout20040250.tiff • P INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MOSOUITO 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 TOWN OF PLATTEVILLE, a municipal corporation of the STATE OF COLORADO,with its principal office located at 400 Grand Avenue, Platteville, CO 80651, 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 II\4M 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$4,380.20 to Weld County by March 1, 2004, to pay for all of the 1MM 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 µLvn3/ nn �� 2004-0250 : I� r7`�/��G�, /CT //L • 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. 17"'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 by the parties the_day of November, 2003. �e ATTEST: � �,._.i,V� %/1 /: % COUNTY OF WELD, apolitical subdivision Weld County lerk to the oar., ' -'4•.f the STATE OF COLORADO: ti� L (,41-4) - 4. eputy Clerk to the Board\4 .;,o/rt D. Masden, Chairman 01/14/2004 sQ�in Board of County Commissioners of the L- County of Weld ATTEST: .... .'Ti OF PLATTEVILLE, a municipal 6p ration of the STATE OF COLORADO O' h SEAL am • By (CCU An • Adiec.,i) PS eaa Kunzler , T w Clerk A " William M. Hanker, Sr. , Mayor Page 3 of 3 Pages Hello