HomeMy WebLinkAbout20010042.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR FUEL PURCHASE AND
AUTHORIZE CHAIR TO SIGN -WELD COUNTY LIBRARY DISTRICT
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 an Intergovernmental Agreement for
Fuel Purchase between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Weld County Library District, commencing
January 1, 2001, and ending December 31, 2001, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve 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 Intergovernmental Agreement for Fuel Purchase between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the Weld County Library District be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of January, A.D., 2001, nunc pro tunc January 1, 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C LINTY, COLORADO
LW
ATTEST: J%SSI/' ` O/,ld
ea. M. J. Geile, Chair
Weld County Clerk to t 111 -
n►` EXCUSED
BY: i Glenn Vaad, Pro-Tem
Deputy Clerk to the Boa
Wi • H. Jerke
APPROVE AS Te& 6
Davi . Long all
ntyAttarrfe
R bert D. Masden
2001-0042
pa L� LI0009
INTERGOVERNMENTAL AGREEMENT
FOR FUEL PURCHASE
THIS AGREEMENT, made and entered into this 2/ day of )‹c- c,, L�, 2000, by
and between the Weld County Library District, hereinafter referred to as "Library," and the
COUNTY OF WELD, COLORADO, by and through the Board of County Commissioners of the
County of Weld, hereinafter referred to as the "County."
WITNESSETH:
WHEREAS, the Library does not currently have a fuel facility for its fleet, and
WHEREAS, the County has a fuel facility with sufficient capacity for both the Library's and
County's fleets, and
WHEREAS, in accordance with Section 29-1-203, C.R.S., and Article II, Section 2-3 of the
Weld County Home Rule Charter, the parties hereto are authorized to enter into this
Intergovernmental Agreement, and
WHEREAS, in order to set forth clearly the responsibilities, obligations, powers, and rights
of each of the parties, the Library and the County hereby enter into this Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises contained herein, the parties hereto agree as follows:
1. Definitions:
A. County Fleet means vehicles and equipment owned or leased by the County.
B. County Fuel Facility means the fuel facility owned by the County and located at
1399 North 17th Avenue.
C. Fuel Card means equipment cards and employee cards that are coded with
information. When used together, they will allow access to fueling services at
the County fuel facility.
D. Fuel means diesel fuel and unleaded gasoline sold by the gallon and dispensed
at the County fuel facility.
E. Library Fleet means vehicles and equipment owned or leased by the Library.
2. Responsibilities of County:
A. It shall be the responsibility of the county to operate and maintain the County
fuel facility and assure that the Library is afforded equal opportunity to fuel its
fleet. The County will purchase fuel cards as directed by the Library and will
ensure that the cards are coded correctly.
B. It shall be the responsibility of the County to provide a monthly management
report to the municipality, with detailed information about each fueling
transaction of the Library fleet, subtotaled by vehicle and department.
2001-0042
AGREEMENT: FUEL PURCHASE
Page 2
C. It shall be the responsibility of the County to provide sufficient workman's
compensation insurance, as provided by Colorado law, for its employees. The
Library shall assume no liability for the County employees who may be injured
while using the County fuel facility.
3. Responsibilities of Library:
A. It shall be the responsibility of the Library to administer the fuel card and to
protect against its unauthorized use. The Library shall keep records regarding
which employees and equipment are authorized to use the County fuel facility,
and will provide such information as needed by the County in order to set up the
fuel usage tracking system.
B. It shall be the responsibility of the Library to ensure that employees provide
accurate information on any fueling transaction,especially any fuel transactions
that are tracked manually.
C. It shall be the responsibility of Library to reimburse the County for any damage
or loss to the County fuel facility and to the fuel stored there resulting from the
negligence and/or intentional torts of the Library employees.
D. It shall be the responsibility of the Library to provide sufficient workman's
compensation insurance, as provided by Colorado law, for its employees who
use the County fuel facility. The County shall assume no liability for the Library
employees who may be injured while using the County fuel facility.
4. Indemnification:
A. To the extent available by Colorado law, the Library agrees to indemnify,
defend, and hold harmless the County for any damage or loss to third persons
caused by the negligence and/or intentional torts of Library employees.
B. To the extent available by Colorado law, the County agrees to indemnify,
defend, and hold harmless the Library for any damage or loss to third persons
caused by the negligence and/or intentional torts of County employees.
5. Duration: This Agreement shall be effective January 1, 2001, and shall continue
through December 31, 2001. It shall be automatically renewable year-to-year unless
sooner terminated by notice from either party in accordance with Section 6 of this
Agreement.
6. Termination: This Agreement may be uniiatc.-ally terminated,with or without cause.
by thirty (30) days written notice, by either party delivering to the other party in
accordance with Section 10 of this Agreement. Within thirty (30) days after delivery
of said notice, the Library shall discontinue fueling at the County fuel facility and
request that the security system not allow authorization to any fuel cards held by
Library employees.
AGREEMENT: FUEL PURCHASE
Page 3
7. Agreement Monitor: In order to administer this Agreement effectively, the Library
shall designate an Agreement Monitor. Until further notice is received, the Library's
Agreement Monitor shall be Rr/r.. k‘da✓
. Any chane in the
Agreement Monitor shall be effective upon ten (0) days written notice to the County
liaison.
8. County Liaison: Until further notice is received, the County liaison shall be
Any change
be effective upon ten (10) days written notice to the Libary s Agreement Monitor.
9. Cost and Reimbursement:
A. Library shall reimburse the County for the County's fuel dispensed to the
Library's fleet. The County will bill the Library the per gallon cost for fuel used
by Library plus $0.03 per gallon for facility and administrative costs.
B. Library shall pay the County$3.50 per fuel card for any fuel card that the Library
requests from the County. If the Library requests that the County keep cards
in stock for the Library, then the Library shall pay for the cards in stock.
10. Notices: Any notice provided for in the Agreement shall be in writing and shall be
served by personal delivery or by Certified Mail., return receipt requested, postage
prepaid, at the address listed below: Any notice so mailed and any notice served by
personal delivery shall be deemed delivered and effective upon receipt or upon
attempted delivery. This method of notification will be used in all instances, except
for emergency situations when immediate notification to the Agreement Monitor or the
County liaison is required.
County of Weld
P.O. Box 758
Greeley, CO 80634
Weld County Library District
Greeley, CO 80631
11. Assignment: The duties and obligations of both parties to this Agreement are not
transferable or assignable without the prior written consent of the other party.
12. Modification: Modifications which are consistent with purposes of this Agreement
may be made in writing duly executed by the parties, and in accordance with County
rules and regulations and other applicable laws and ordinances.
13. Waiver of Immunities/Third Party Liability: No portion of this Agreement shall be
deemed to constitute a waiver of any immunities which the parties or their officers or
employees may possess, nor shall any portion of this Agreement be deemed to have
created a duty of care with respect to any persons other than the County and the
Library and not party to this Agreement.
AGREEMENT: FUEL PURCHASE
Page 4
14. Non-appropriation: No portion of this Agreement shall be deemed to create an
obligation on the part of the County, nor upon the Library to expend funds not
otherwise appropriated in each succeeding year.
15. Scope of Agreement: This is a fully integrated Agreement. If issues arise, which
this Agreement fails to specifically address, the parties hereto agree to mutually
resolve said issues through discussion and negotiation.
IN WITNESS WHEREOF, the Library and the County have signed and sealed this
Agreement on the date first above written.
COUNTY OF WELD, by and through the
BOARD OF COUNTY COMMISSIONERS
OF THEE COU OF WELD
Le
By: /� " eez!/
M. J: Gei1 Chair (01/03/2001)
ATTEST: /
1
Weld County Clerk to th oa r' 14 +,:;i'f
Glenn Vaad; Gem
By: ,, i� I/! 11
Deputy Clerk to the oa • , O ' — t: ‘1'1, ' V•
n,, Iiam H. JPrke
ik . 17 /By: L G.
--,_ . Da; d ng
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By: 'X.
Robert D. Masden
WELD COUNTY LIBRARY DISTRICT
By: l%'t._jC , - t (I6i! .4-�
President /
ATTEST:
By: c.14.. .- 6. CC.,.�c.,_
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