HomeMy WebLinkAbout900852.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND
CITY OF GREELEY FOR FLEET MAINTENANCE SERVICES
WHEREAS, the Board of County Commissioners o£ 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, Weld County and the City of Greeley wish to enter
into an Intergovernmental Agreement for the operation and
maintenance of the vehicle fleets for both entities , with said
services to be provided by Lear Siegler Management Services
Corporation, and
WHEREAS, such Intergovernmental Agreement has been presented
to the Board of County Commissioners, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Intergovernmental Agreement, with the terms and
conditions being as stated in the 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 Fleet Maintenance Services between Weld County and
the City of Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Intergovernmental Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
September, A.D. , nn1990.
( I ! '� /
BOARD • COUNTY COMMISSIONERS
ATTEST: titiVijb f',� 41/1/Vrjoaiin WELD C• ,.QTY, COLO DO
Weld County Clerk to the Board
ene R. Brant /r,, airman
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tf��i' Geo to Kennedy, Pro-Tem
eputy Clerk to the Board
A5%a.R.A_• /.4 ..id.ors-
APPROVED AS TO FORM: Constance L. Harbe�
-1,
it y
County Attorney }�yg_/
Go . IYaC
900852
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INTERGOVERNMENTAL AGREEMENT
FOR FLEET MAINTENANCE SERVICES
THIS AGREEMENT, made and entered into this 19th day of
September , 1990 , by and between the CITY OF GREELEY, by and
through the City Council of the City of Greeley, Colorado
(hereinafter referred to as "City" ) , and the COUNTY OF WELD,
COLORADO , by and through the Board of County Commissioners of Weld
County, Colorado (hereinafter referred to as "County" ) .
WITNESSETH:
WHEREAS , the operation and maintenance of a vehicle fleet is
a proper governmental function of both the City and the County,
and
WHEREAS , both parties desire to enter into an
intergovernmental agreement so as to combine their fleets for the
purpose of obtaining a single bid price for the provision of these
services , and
WHEREAS , Lear Siegler Management Services Corporation
(hereinafter referred to as the "Contractor") has submitted the
lowest bid price for said maintenance services and has been
awarded the contract to provide fleet repair and maintenance
operation and to perform preventative maintenance , repairs , and
other functions for said combined fleets , and
WHEREAS , the Contractor has requested that it contract with a
single entity instead of with both the County and the City, and
WHEREAS , the County has therefore been chosen by the parties
hereto to be the contracting entity with the Contractor for said
Agreement, a copy of which is attached hereto and is referred to
herein after as "Exhibit A, " and
WHEREAS , this Agreement is intended to define the rights and
responsibilities of the parties hereto with respect to the
Contractor and to define the respective duties of the parties
hereto with respect to the Agreement set forth in Exhibit A , and
WHEREAS , the City and the County are authorized to enter into
this Agreement , by virtue of Section 29-1-203 , C.R.S . ; Article II ,
Section 2-3 , Weld County Home Rule Charter; and the City of
Greeley Charter , Section 3-7 .
1
NOW, THEREFORE , in consideration of the following mutual
promises and covenants , the City and the County hereby agree as
follows :
1 . Contract Representatives : City and Countv shall each
designate , in writing, Contract Representatives to serve
as contract managers and spokespersons for the
respective entities .
2 . Fleet Management Facilities : The City and the County
shall both provide to the Contract or, at a cost of
$1 . 00 per year, the fleet management garages and all
equipment, tools , and furniture currently located at the
following locations owned by the City and the County:
City: 1300 "A" Street, Greeley, Colorado
County: 1399 17th Avenue, Greeley, Colorado
Said garages , equipment, tools , and furniture shall
hereinafter be referred to as " facilities . " As set
forth in Exhibit A, the Contractor has agreed not to use
the facilities for work on vehicles or equipment not
owned or leased by either the City or the County.
3 . Provision of Utilities to Facilities : The City and the
County agree to provide water , gas , and electricity, and
basic telephone service for the facilities outlined in
paragraph 2 at no charge to the Contractor. The City
and the County shall be responsible only for the cost of
long distance telephone service to the extent of those
charges which are directly related to the management and
maintenance of their respective fleets. Given that the
bulk of the maintenance work to be performed by
Contractor will take place at the County facility , the
City agrees to pay monthly on a pro rata basis of the
gross contract amount for the costs of providing said
utilities to the County facility, less the cost of
providing said utilities to the City facility . In no
event shall the County reimburse the City for utility
costs if the City pro rata share exceeds the utility
costs of the City facility.
4 . Equipment, Tools , and Furniture : The City and the
County shall provide Contractor with the use of all
equipment, tools , and furniture located in said
facilities for use in the maintenance of their
respective fleets . All ecuipment added to the
facilities during the term of the Agreement set forth in
Exhibit A, and approved by City or the County prior to
acquisition, will become the property of the City or the
County. The cost of special equipment required by the
Contractor for use on the City or the County' s fleets
will be billed to the respective entity. The City or
the County" may establish an amortization schedule for
major equipment purchases whereby the Contractor will
invoice only the scheduled amount monthly, if mutually
agreed to by the Contractor. The parties hereto agree
that equipment provided by the County at that County
facility for joint use on County and City vehicles shall
be owned by the County. Equipment provided by the City
at that City facility for joint use on County or City
vehicles , or for use solely on City vehicles , shall be
owned by the City. The County will establish an
amortization schedule for major equipment used to
maintain both City and County vehicles and invoice the
City monthly on a pro rata basis of the gross contract
amount.
5 . Repair, Maintenance and/or Renovation of Facilities :
City and County agree to repair , maintain , and/or
renovate their respective facilities as necessary due to
degrading conditions as determined by the respective
entities . The Contractor has agreed, upon completion of
performance of the Agreement set forth in Exhibit A, to
return the facilities to the City and the County in
similar conditions as the facilities were provided ,
except in normal wear and depreciation. The Contractor
has agreed to provide interior janitorial maintenance ,
housekeeping supplies , and minor preventative
maintenance of overhead doors , lifts , cranes , and
compressors and light bulb replacement.
6 . Use of Facilities by Contractor: Contractor has agreed
to provide the bulk of the maintenance work at the
County facilities . City transit vehicle maintenance and
any necessary extended maintenance will be conducted at
the City facilities .
7 . Provision of Fleet Maintenance Services : Contractor has
agreed to provide those fleet maintenance services
specified in the Agreement set forth in the attached
Exhibit A. The City and the County agree that anv
deficiencies in services shall be addressed solely with
the Contractor.
8 . Parts Inventories : The Contractor has agreed to
purchase active parts from City and County inventories
which are currently maintained for the performance of
3
repair and preventative maintenance services for both
fleets . The County a: d the City shall conduct joint
physical inventories prior to purchase by the
Contractor. The purchase shall not include inactive or
obsolete parts . All parts , with the exception of those
necessary for City transit vehicles and those with a
long shelf life, shall be stored at the County
facilities . Upon completion of performance or
termination of the Agreement which is set forth in
Exhibit A, the City and the County or any incoming
contractor shall purchase from Contractor, at cost, all
active parts within said inventory for City and County
vehicles . Any inactive or obsolete parts shall be
costed out to the City and County on a pro-rata basis
based upon gross contract price at the time of the
contract termination.
9 . Notification by Contractor: All records held by
Contractor shall be considered to be open records ,
pursuant to Colorado Statute . The City and County agree
that any notification requirements of the Agreement
which is set forth in Exhibit A shall apply equally to
both City and County. The City and County agree to
provide the Contractor all currently maintained
historical data on each individual City and County
vehicle or item of equipment. Both the City and the
County shall have the right to audit the on-site records
of the Contractor at any reasonable time.
10 . Licensing of Vehicles : The City and the County shall
maintain files for each vehicle in their respective
fleets . The parties shall maintain all title and
license documents, and be responsible for the licensing
of all vehicles in said respective fleets .
11 . Agreement with Contractor: The City and the County
agree that the Agreement set forth in Exhibit A is
sufficient to provide the maintenance services which are
contemplated by this joint venture, and that the cost
reimbursement plus fixed fee arrangement is reasonable
and proper . The City and the County agree that the
contractor shall issue a monthly invoice to County which
represents the Contractor' s cost plus one-twelfth ( 1/12)
of the annual management fee and the cost of any
reimbursable items. The parties hereto agree that the
following are reimbursable items and are not included in
and shall be over and above the Contractor ' s estimated
budget :
4
A. Cost for repairs , including body repair, painting
due to abuse , vandalism, or accident.
B. Parts to repair vehicles damaged because of
accidents .
C. Fuel.
D. Cost of additional County or City directed work.
E . Capital expenditures : Those items which cost more
than $1 , 000 . 00 and which extend the useful life of
the vehicles more than two (2) years .
F. Changes of more than five percent (5% ) in the size
or mix of the fleets as identified in the Appendix
attached to Exhibit A.
G. Facilities maintenance: Interiors , exteriors , and
infrastructures and equipment repairs .
H. Overtime labor and other extraordinary expenses for
emergencies : The parties hereto agree that the
County will divide the invoiced based cost on a pro
rata basis of gross costs monthly, plus itemize
each of the reimbursable items for the City and the
County not in the Contractor' s base price. The
County will then send the invoice for the City' s
pro rata share and reimbursable items to the City
for payment. The City agrees to pay each invoice
in full within thirty (30) calendar days of receipt
of said invoice . The City further agrees to notify
the County in writing within ten (10) calendar days
of receipt of the invoice should the City question
approval of any item thereon. In such event, the
County shall submit to the City verification data
for all amounts claimed by the Contractor. Any
dispute shall be resolved by a mutually acceptable
third party arbitrator.
12 . Cost of Fleet Maintenance During Natural Disasters or
Other Emergencies : The Contractor has agreed to provide
fleet maintenance as required by the County and the City
during natural disasters or other emergencies . In such
event, the County and the City agree that the cost for
those emergency services provided are not included in
and shall be over and above the Contractor ' s estimated
budget as set forth in Exhibit A. In such event, the
City and the County agree that the Contractor ' s labor
hours expended in support of emergency services which
exceed normal work hours shall be billed to the City or
the County at actual cost plus twelve percent (128)
profit for the Contractor.
13 . Additional Directed Work: Contractor has agreed to
perform such additional directed work as authorized by
the City and the County. The City and the County agree
that such additional directed work is not included in
and shall be over and above the Contractor ' s estimated
budget as set forth in Exhibit A. The parties further
agree that said additional work directed by the City
shall be billed to the City by the County at actual cost
plus twelve percent ( 128 ) profit for the Contractor.
Any reimbursable items not included in the Contractor' s
estimated cost shall only be performed by the Contractor
and paid by the City or the County if written
authorization from the City or County Contract
Representatives has been given to the Contractor.
14 . Purchase Specifications for Additional or Replacement
Vehicles and Service Equipment: The Contractor has
agreed to assist the City and County in preparing
purchase specifications for additional or replacement
vehicles and service equipment. The Contractor has also
agreed to assist the City and the County with inspection
and assessments of used vehicles and equipment under
consideration for purchase or lease , and inspection of
new equipment to make sure that specifications are met.
15 . Hours of Operation by Contractor at Facilities : The
City and the County agree that the Contractor shall
conduct maintenance and clearing at the City facilities
Monday through Saturday of each week with the exception
of City holidays. The parties hereto further agree that
the Contractor shall operate the County location during
the hours of 7 A.M. to 9 o' clock P.M. , Monday through
Friday each week, with the exception of County holidays .
The Contractor has agreed to provide on-call personnel
to respond to emergency services and additional work
directed by either the City or the County.
16 . Staffing of Facilities : The City and the County agree
to the Contractor' s intention to adequately staff the
County facilities and the City facilities in sufficient
numbers to ensure that the work described in Exhibit A
is satisfactorily completed. The position of Site
Manager shall be shared by both locations . The
Contractor shall have the right to shift employees from
6
either location as scheduled or unscheduled employees
absences shall require. The Contractor shall also have
the right to reroute vehicles between locations as is
necessary to reduce or to prevent congestion as long as
use of City facilities does not violate any agreement
between the City of Greeley and the Federal Government.
17 . Non-Liability: The City and the County agree that in no
event shall either the County or the City be liable or
responsible to each other, or to other persons due to
any stoppage or delay in work herein provided for, where
such stoppages or delays result from acts of God , fire ,
war, legal or equitable proceeding, or any other cause
which is outside the control of the City and the County
and/or the Contractor. The parties hereto further agree
that neither party shall hold the other responsible for
the negligent acts of the Contractor in the performance
of those services contemplated in the Agreement set
forth in Exhibit A.
18 . Performance Standards : The City and the County agree to
the Performance Standards and applicable penalties
specified in the Agreement set forth in the attached
Exhibit A. Any penalties shall be shared between the
City and the County on a pro rata basis based upon the
Contractor' s estimated contract budget as set forth in
Exhibit A.
19 . Term: The City and the County agree t'hat the duration
of this Agreement shall be thirty six (36) months
beginning October 1 , 1990 . The parties hereto further
agree that this Agreement is renewable at the end of its
term for three (3) additional two (2) year periods at
the City' s and the County' s option. Prior to expiration
of this Agreement, the City, County, and Contractor
shall negotiate mutually acceptable billing rates and
cost target. A new cost target shall be negotiated each
year for the agreement between the parties hereto as
joint venturer the Contractor. The term "pro rata
amount" shall be defined as the percent of the cost
target ($1 , 341 ,989 . 61) divided into estimated County
cost target of $850 , 967 . 02 and City cost target of
$491 , 022 . 59 . In the event of fleet size changes or new
negotiated amounts , the actual cost target amounts shall
be adjusted.
20 . Composition of Fleets : The City and the County agree
that for purposes of this Agreement and for the
Contractor ' s estimated budget as set forth in Exhibit A,
the "combined fleet" shall mean all units which are
listed in the Appendix attached to Exhibit A. The City
and the County further agree that the Contractor' s
estimated budget set forth in Exhibit A shall be
adjusted on a prorated unit cost basis to correspond to
increases or decreases in the fleet size or the type of
equipment in each class if such changes are more than
five percent (5%) . The parties hereto agree that said
adjustments shall be made semiannually. (The City
agrees to pay its prorated share basis upon the City
fleet size change if any increase in necessary. The
City will benefit on a prorated basis from any fleet
size change if any decrease is necessary. )
21 . Compensation : In consideration of this fully integrated
Agreement, the City agrees to pay to the County , during
the period of October 1 , 1990 , to September 30 , 1991 ,
costs billed to County by Contractor for maintenance of
City vehicles per Agreement, a copy of which is attached
hereto and referred to herein as Exhibit A, plus any
amount due for reimbursable work specified in this
Contract and the pro rata share of utilities and
amortized equipment. Directed work and emergency work
shall have a twelve percent (129) markup. The City and
the County agree that under this cost reimbursement plus
fixed fee Agreement, that the Contractor shall be
reimbursed for all of its allowable costs and that the
cost target of $491 , 022 . 59 for the City is an estimated
budget of the cost of performance during the first year
of this Agreement. A copy of the total monthly billing
provided by the Contractor and the corresponding
breakdowns in billing shall he provided by the County to
the City.
In the event Contract exceeds upper limit o£ contract
amount of $1 , 341 , 989 . 61 in total for both City and
County, the targeted costs for the amount of itemized
billings exceeding the targeted costs of $1 , 341 , 989 . 61
shall be credited back to the City and County on a pro
rata basis based upon actual amounts billed to each
entity compared to the total amount billed for both. In
the event of the actual amount billed in total to both
City and County being less than the targeted total costs
of $1 , 341 , 989 . 61 , each entity shall only pay the actual
amount billed to each.
In the evert of fleet size changes or new negotiated
amount that may impact the targeted costs , the adjusted
targeted amount shall be substituted for the initial
amount of $1 , 341 , 989 . 61 .
3
of $1 , 341 , 989 . 61 is composed of Cost target
overhead , and management/service labor,
parts , supplies ,
tions : The
22 . Assignment of Contractor ' s Duties and O the a duties and
City and - the County agree t
hatContractor are
obligations assumed by the
non-transferable or assignable without prior written
consent of both the City and the County.
23 . Notice: Any written notice to be given hereunder by
either party to the other party shall be affected by
certified mail , return receipt requested. Notice to the
City shall be sufficient if made or addressed to the
Greeley City Manager , 1000 10th Street, Greeley,
Colorado 80631 . Notice to the County shall be
sufficient if made or addressed to the Board of County
Commissioners of Weld County, 915 10th Street, Greeley,
Colorado 80631 . Either party may change the address
for notice to it by giving written notice of such change
in accordance with the provisions of this section.
24 . Entire Agreement: This Agreement and the attached
Exhibit A constitute the entire Agreement between the
City and the County, and neither the City
which nor hei County
shall be bound by Yrequirement
not
specifically stated in this Agreement.
25 , Waiver of Immunity/Third Party Liability: No portion of
this Agreement shall be deemed to constitute a waiver of
any immunities which the City or the County or their
officers or employees may possess , nor shall any portion
of this Agreement be deemed to have create duty
notof
care on the part of either part; to any persons
party to this Agreement.
26 . Non-Appropriation: No portion of this Agreement t tofhall
be deemed to create' an obligation
funds on thnot otherwise
the
City or the County to expend appropriated in each succeeding year.
27 . Severabilitv: If any section, subsection, paragraph,
sentence , clause or phrase of this Agreement is for any
reason held or decided to be invalid or
unconstitutional, such a decision shall not effect the
validity of the remaining portions . The parties hereto
declare that they would have entered into this Agreement
eme
h
and each and every section,p subsectiorn ' paragraph,
,
ph,
sentence , clause , and prase thereof, irrespective
f
the fact that any one or more sections , subsections ,
9
paragraphs , sentences, clauses , or phrases might be
declared to be unconstitutional or invalid.
28 . Applicable Law: This Agreement shall be interpreted,
construed,- and governed by the laws of the State of
Colorado.
29 . Amendments : Amendments which are consistent with the
purposes of this Agreement may be made in writing duly
executed by the parties hereto, and in accordance with
the City and County rules and regulations and all other
applicable laws and ordinances .
WHEREFORE , the respective parties hereto have set their hands
and seals hereto this day of land
CITY OF GREELEY, COLORADO,
ATTEST: by and through the City Council
of the City of Greeley
By: By:
City Clerk Mayor
APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM:
City Manager City Attorney
c
/// � THE COUNTY OF WELD , COLORADO,
ATTEST: r �' Ll/1L%`-%77 By and through the Board of
�J " '� County Commissioners of the
1 County Weld , Colorado
137; -tl ail(--r LC? �� Lit_C_s.,
7,P-'y Clerk to the Board By. X � `�,
airman
,.."1:_p_ROVig3 AS TO FORM: --------
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County Attorney
10
INTERGOVERNMENTAL AGREEMENT
FOR FUEL PURCHASE
THIS AGREEMENT, made and entered into this day of
, 1990 , by and between the CITY OF GREELEY,
COLORADO, by and through the City Council of the City of Greeley,
hereinafter referred to as "City, " 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 City does not currently have a fuel facility for
the City' s central fleet, and
WHEREAS, the County has a fuel facility with sufficient
capacity for both the City' s and the County' s fleets , and
WHEREAS, in accordance with Section 29-1-203 , C.R.S. ; Article
3 , Section 3-7 of the City of Greeley City Charter; 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 City
and the County, the City 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: As used in this Agreement, the term
"County fleet" shall mean vehicles and equipment owned,
or leased by the County.
B. County Fuel Facility: As used in this Agreement, the
term "County fuel facility" means the fuel facility
owned by the County and located at 1399 17th Avenue.
C. Fuel Cards: As used in this Agreement, the term "fuel
cards" refers to 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.
Page 1 of 6 Pages
D. Fuel: As used in this Agreement, the term "fuel" refers
to diesel fuel and unleaded gasoline sold by the gallon
and dispensed at the County fuel facility.
E. City Fleet: As used in this Agreement, the term "City
fleet" shall mean vehicles and equipment owned, or
leased by the City.
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 City is afforded equal opportunity to fuel its
fleet. The County will purchase fuel cards as directed
by the City 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
detail information about each fueling transaction of the
City fleet, subtotaled by vehicle and by department.
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 City shall
assume no liability for the County employees who may be
injured while using the County fuel facility.
3 . Responsibilities of City:
A. It shall be the responsibility of the City to administer
the fuel card and to protect against their unauthorized
use. The City 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 City 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 City 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 City
employees.
Page 2 of 6 Pages
D. It shall be the responsibility of the City 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 City employees who may be injured while using the
County fuel facility.
4 . Indemnification:
A. To the extent available by Colorado law, the City 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 City employees .
B. To the extent available by Colorado law, the County
agrees to indemnify, defend, and hold harmless the Cite
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 upon final execution
by the appropriate officers of both parties . This
Agreement shall continue through December 31 , 1991 , and
shall be automatically renewable year to year unless
sooner terminated by notice from either party in
accordance with Section 6 ("Termination" ) of this
Agreement.
6 . Termination:
This Agreement may be unilaterally 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 City shall
discontinue fueling at the County fuel facility and
request that the security system not allow authorization
to any fuel cards held by City employees .
7 . Agreement Monitors :
In order to administer this contract effectively, the
City shall designate an Agreement Monitor. Until
further notice is received, the City' s Agreement Monitor
shall be the individual named in Schedule A attached
hereto and incorporated herein by reference. Any change
in the Agreement Monitor shall be effective upon ten
Page 3 of 6 Pages
(10) days written notice to the County' s contract
person.
S . County' s Contract Person:
Until further notice is received, the County' s Contract
Person shall be the individual named in Schedule A,
attached hereto and incorporated herein by reference.
Any change in the County' s Contract Person shall be
effective upon ten (10) days written notice to the
City' s Agreement Monitor.
9 . Cost and Reimbursement:
A. City shall reimburse the County for the County' s fuel
dispensed to the City' s fleet. The County will bill the
City the per gallon cost for fuel used by City plus
$0 . 03 per gallon for facility and administrative costs.
B. City shall pay the County $3 .50 per fuel card for any
fuel card that the City requests from the County. If
the City requests that the County keep cards in stock
for the City, then the City shall pay for the cards in
stock.
10 . Notices:
Any notice provided for in this 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 in Schedule B, attached
hereto and incorporated herein by reference, until such
time as written notice of a change is received by the
other party. 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
Contact Person is requited.
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.
Page 4 of 6 Pages
12 . Modifications :
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 posses , 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 City of Greeley and not party to this
Agreement.
14. Nonappropriation:
No portion of this Agreement shall be deemed to create
an obligation on the part of the County, nor upon the
City to expend funds not otherwise appropriated in each
succeeding year.
15 . Scope of Agreement:
This is a fully integrated Agreement. If issues arise,
of which this Agreement fails to specifically address ,
the parties hereto agree to mutually resolve said issues
in accordance with their mutually originally submitted
proposal and request for proposal, through further
discussion and negotiation.
IN WITNESS WHEREOF, the City and the ounty have signed and
day of
sealed this Agreement this y i
1990 .
CITY OF GREELEY, COLORADO by
and through the City Council
ATTEST: of the City of Greeley
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May
APPROVED AS TO F,O APPROV AS TO SUB TANCE
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CJ Page 5 of 6 Pages
COUNTY OF WELD, COLORADO, by
ATTEST: , , and through the Board of County
/,,,,„ /i d Commissioners of the County of
Weld
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APPROVED AS' TO FORM:
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County Attorney
Page 6 of 6 Pages
CITY OF GREELEY , COLORADO
ORDINANCE N0 . 51 __, 1990
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF
GREELEY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD RELATING TO
USE OF THE COUNTY ' S FUEL FACILITY BY THE CITY OF GREELEY TO
SUPPLY AND PURCHASE FUEL FOR THE CITY FLEET .
WHEREAS , the Greeley City Charter , Section 3-7 , permits the
City Council , by ordinance , to enter into contracts with other
governmental bodies to furnish governmental services or enter
into cooperative or joint activities with other governmental
bodies .
WHEREAS , Colorado Revised Statutes , Section 29-1-201 , et .
seq . , permits and encourages governments to make the most
efficient and effective use of their powers and responsibilities
by cooperating and contracting with other governments .
WHEREAS , the City of Greeley does not currently have a fuel
facility for its central fleet . The County has a fuel facilty
with sufficient capacity for both the City of Greeley ' s and Weld
County ' s fleets .
BE IT ORDAINED BY THE CITY COUNCIL OF GREELEY , COLORADO :
Section 1 . The Mayor of the City of Greeley is hereby
authorized to enter into Intergovernmental Agreement (a copy of
which is attached and incorporated herein as Exhibit A) with the
Weld County on behalf of the City of Greeley for the purpose of
utilization of Weld County ' s fuel facility to supply fuel to City
of Greeley ' s fleet .
Section 2 . The City Council hereby declares that the
health , safety , and welfare of the citizens of Greeley would best
be served by entering into said Integovernmental Agreement .
Section 3 • This ordinance shall take effect immediately
after its final publication as provided by t;ne Greeley City
Charter .
PASSED AND ADOPTED , SIGNED AND APPROVED tdis 2,16 day of
--Qc c,ber--- , 1990 .
ATTEST : THE CITY OF GREELEY , COLORADO
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City Clerk ' Mayor
/ /
Schedule A
1 . Until further notice is received , the City ' s Agreement
Monitor shall be:
Director of Public Works
City of Greeley
1000 Tenth Street ( 303) 350-9795
Greeley , CO 80631
2 . Until further telephone notice is received , the County ' s
contact person shall be:
Claud Hanes
Comptroller for Weld County
915 Tenth Street
P . O . Box 758 ( 303) 356-4000 Ext . 4444
Greeley , CO 80632-0759
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