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HomeMy WebLinkAbout860422.tiff RESOLUTION RE: APPROVE PERFORMANCE AGREEMENT FOR STREET GRADING SERVICES BETWEEN TOWN OF MILLIKEN AND WELD COUNTY AND AUTHORIZE CHAIRMAN 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, a Performance Agreement for street grading services to be provided to the Town of Milliken by Weld County has been presented to the Board, 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 Performance Agreement between the Town of Milliken and Weld County be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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. , 1986. �-1�,- t ' BOARD OF COUNTY COMMISSIONERS n ATTEST: l 4?UZJ ra WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Bo Jacquel 'n hnso , Chairman / Gonflo Lac , -Tem D put�y C erk�� EXCUSED DATE SIGNING (AYE) APPROVED AS TO FORM: Gene RRBrantner County Attorney �,2-7--/f C� Frank Yamaguc 4-6000,2 860422 COUNTY OF WELD, STATE OF COLORADO STREET GRADING AGREEMENT • THIS AGREEMENT, made and entered into this n,)S day of A riI 1986, by and between TOWN OF MILLIKEN, hereinafter referred to as the "Town", and COUNTY OF WELD, hereinafter referred to as the "County". WHEREAS, the Town is desirous of entering into a contract with the County for the performance of street grading, WHEREAS, the County is agreeable to rendering such services on the terms and conditions hereinafter set forth, WHEREAS, such contracts are authorized and provided for by the provisions of 29-1-203, Colorado Revised Statutes as amended, 1973, and so provided for by the Weld County Home Rule Charter, Section 2-3, NOW, THEREFORE, pursuant to the terms of the aforesaid statute and Weld County Home Rule Charter, it is agreed as follows : 1. That the County, by way of the Road and Bridge Department, agrees to provide street grading services upon written request of the Town. 2. That the County shall furnish and supply all labor, supervision and equipment to grade streets. 3. The Town shall submit in writing to the County a request and date for completion. Such work order shall be approved by both the Town and County. The Town understands that County projects will be given priority and that grading will be scheduled so as not to interfere with County work. 4. The Town agrees to pay the County for the services rendered under this agreement at the cost incurred by the County. The Town understands that this cost will vary in accordance with the salary of the personnel completing task and the equipment used, but the average cost will be approximately $35.00 per hour as of the date of this agreement. 5. The County understands that they will not necessarily be the exclusive contractor for this type of service and that the Town may employ whomever they determine to be most adequate to perform such services . 6. The Town shall indemnify the County, its officers and employees against liability for injury or damage caused by any negligent act or emission of any of its employees or agents in the performance of this agreement, and shall hold the County harmless from any loss occasioned as a result of the performance of this agreement. 7. This agreement shall run from year to year unless terminated by either the Town or the County, providing the party seeking to terminate this agreement gives the other party ten (10) days written notice. IN WITNESS WHEREOF, the municipality, by resolution duly adopted by its governing body, caused this Agreement to be signed by its mayor and attested by its Clerk, and the County of Weld, by the County Board of Commissioners has caused these presents to be subscribed by the Chairperson of said board and the seal of said Board to be affixed thereto and attested by the Clerk to said Board, all on the day and year first above written. TOWN OF MILLIKEN BOARD OF COUNTY COMMISSIONERS MAYOR WELD COUNTY, COLORADO BY: Orkrzir)n A'976r r/ BY: ue i John //s�� n CCjairman ATTEST: // L/I ATTEST CQA & 7' .W LC/G fee/l7and WELD COUNTY ERK AND RECORDER erk AND CLERK TO THE BOARD Deputy County C z J Me Towgof (J1lilliken_ Phone 587-4331 - 1109 Broad Street - P.O. Box 97 - Milliken, Colorado 80543 April 22, 1986 Mr. George Goodell, Director Department of Road and Bridge Weld County P. 0. Box 758 Greeley, Colorado 80632 Dear George: The street grading agreement has been reviewed and approved by the Town Council. I am enclosing the documents to be executed by the County. With regard to a grading schedule, would you please grade Milliken roads once a month during the first week of each month. If the Town needs it more often, I will contact you. Thanks for your assistance. Sincerely, Gay Packard—Seeburger Enclosure GPS/mw mEmoRAnDum WilkTo Clerk to the Board Date_April 24, 1986 COLORADO From George Goodell , Director, Road and BridgeDe_art subject: Street Grading Agreement - Town of Milliken Attached is a Street Grading Agreement with the Town of Milliken. Please place this agreement on the next Board Meeting's Agenda. If you have any questions, please let me know. GG/dm Encl . Hello