HomeMy WebLinkAbout20033448 RESOLUTION
RE: APPROVE FORM OF INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
MOSQUITO MANAGEMENT PROGRAM AND AUTHORIZE CHAIR TO SIGN
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 the Form of an Intergovernmental
Agreement for Cooperative Mosquito Management Program between the County of Weld,State of
Colorado, by and through the Board of County Commissioners of Weld County, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
agreement, 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 Form of the Intergovernmental Agreement for Cooperative Mosquito
Management Program between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign any agreement consistent with the form approved herein.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 22nd day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: iatell,� / r EXCUSED
'\,` D id E. Long, Chair
Weld County Clerk to B s+� • r
`3)O Robert D. sden, Pro-Tem
BY:
Deputy Clerk to the y`) f4�,��
11 Hy% M. J. eile
APPROVED AS
Will H. Jerk
oCntyttornly a 17 Utitio
/-,z/ Glenn Vaad
Date of signature: /2y
2003-3448
HL0030
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INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
MOSQUITO MANAGEMENT PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as ofthe
dayof ,2003,A.D.between the COUNTY OF WELD,apolitical 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 ,a municipal corporation ofthe
STATE OF COLORADO , with its principal office located
at , hereinafter referred to as "Municipality."
WITNESSETH:
WHEREAS,in order to effectively deal with the continuing threat ofmosquito 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 ofthe 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 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
$ 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
2003-3448
3. MONITORING OF THE WORK OF COMPANY: Staff from the Weld County
Department ofPublic Health and Environment shall be responsible for monitoring the work
ofCompanyto 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 ofPublic Health and Environment, 1555 N. 17h
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 ofpayment 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 ofthis 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 ofthe 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
ofthe respective survivors,heirs,personal representatives,successors and assigns of said
parties.
9. NO WAIVER OF IMMUNITY:No portion ofthis 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 , 200_.
ATTEST: COUNTY OF WELD,apolitical subdivision Weld
County Clerk to the Board of the STATE OF COLORADO:
By: By:
Deputy Clerk to the Board , Chair
Board of County Commissioners of the
County of Weld
ATTEST: , a municipal
corporation of the STATE OF COLORADO
By: By:
, Town Clerk , Mayor
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