HomeMy WebLinkAbout20011141.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SNOW REMOVAL, SANDING, AND PAVEMENT
MARKINGS AND AUTHORIZE CHAIR TO SIGN -TOWN OF PIERCE
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 Agreement for Snow Removal,
Sanding, and Pavement Markings between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and the Town of Pierce, with 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 Agreement for Snow Removal, Sanding, and Pavement
Markings between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of
Pierce 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 30th day of April, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO 'TY, COLORADO
ATTEST: i�� / 'Fitt 4 .02142
atlk
A. J. eile, hair
ST
Weld County Clerk to the ' r: . l� _;0%--
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r pit
� Glenn V em
BY: /A/c 4:,. �f i '- \6
Deputy Clerk to the Board
Willia Jerke
P VED A RM: - 0) ,\ (�
D vi E. Long
oun yt A torn
Robert D. Mas'cien
2001-1141
PC 7 Pa) EG0041
copy
AGREEMENT FOR SNOW REMOVAL, SANDING AND PAVEMENT MARKINGS
THIS AGREEMENT, made and entered into this 30th day of April , 2001,by and
between THE TOWN OF PIERCE, a municipal corporation of the STATE OF COLORADO,
whose address is 240 Main Street,P.O. Box 57, Pierce, CO 80650,hereinafter referred to as
"Town," and THE COUNTY OF WELD, STATE OF COLORADO,by and through the Board
of County Commissioners of the County of Weld, Colorado, whose address is P.O. Box 758, 915
10th Street, Greeley, Colorado 80632,hereinafter referred to as "County."
WHEREAS, Town wishes to have County perform snow removal and"stop-signed
intersection" sanding on First Street within the boundaries of Town, and
WHEREAS, Town also wishes to have County perform annual markings of pavement on
First Street and Main Street within the boundaries of Town, and
WHEREAS, County is agreeable to rendering such services pursuant to the terms and
conditions hereinafter set forth, and
WHEREAS,Agreements between County and other governmental entities are authorized
and provided for by the provisions of Section 29-1-203, C.R.S., and so provided for by Section 2-
3 of the Weld County Home Rule Charter.
NOW, THEREFORE, County agrees to provide snow removal and"stop-signed
intersection" sanding on First Street, and annual markings of pavement on First Street and Main
Street, on those portions of said streets lying within the boundaries of Town, according to the
following terms and conditions:
1. County shall remove snow and perform"stop-signed intersection" sanding on
First Street within the boundaries of Town contemporaneously with County's
similar activity on Weld County Roads surrounding Town. Town understands that
Weld County Roads lying outside the boundaries of the Town shall be given
priority.
2. County shall perform annual markings of pavement on First Street and Main
Street within the boundaries of Town.
3. Town agrees to pay County for the services rendered under the terms of this
Agreement at the costs incurred by County. Town understands that this cost will
vary in accordance with the salary of the personnel completing such services and
the equipment used,but County estimates that the cost will be approximately
$60.00 per hour for snow removal, $40.00 per hour for sanding, and $300.00
annually for marking of pavement. County reserves the right to raise said
estimated costs at any time without prior approval of Town. County shall bill
Page 1 of 3 Pages
2001-1141
Town on a periodic basis for those services which have been performed in said
period.
4. No portion of this 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 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 Agreement.
5. This Agreement shall run from year-to-year from the date of the signing of
hereunder, unless terminated by either County or Town,providing the party
seeking to terminate this Agreement gives the other party ten(10) days written
notice prior to the date of said termination.
6. The parties hereby agree that neither has made or authorized any Agreement with
respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation,promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or employees,
hereto. This Agreement embodies all Agreements between the parties hereto and
there are no promises,terms, conditions, or obligations referring to the subject
matter whereof other than as contained herein.
7. If any term or provision of this Agreement, or the application thereof to any
person or circumstances shall, to any extent,be held invalid or unenforceable, the
remainder of this Agreement, or the application of such terms or provisions, to a
person or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
8. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
Page 2 of 3 Pages
AUG-2 -01 MON 10:38 AM WELD COUNTY PUBLIC WKS7 FAX:9703@46497 PAGE 5
P
- IN WITNESS WHEREOF, the parties hereto have agreed as set forth herein the date and
year set forth above.
ATTEST: TOWN:1BYJ :tl aiLL. bLit. BY: �
Town Clerk Bill Hansen,Mayor
'G'lar � j;,+e, , n;Iiu Y
elect�-r.a rho i
COUNTY:
ATTEST: Ij.' El � BOARD OF COUNTY COMMISSIONERS
CLERK TO THE � OF WELD COUNTY, COLORADO
COUNTY COMMISSIO �� ?,,;
BY: '41 ,- (/ _//�,� ;*, BY:
Deputy Clerk to the B:�r� � � . .Geile,Chair
(04/30/2001)
•
Page 3 of 3 Pages
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