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INTERGOVERNMENTAL AGREEMENT
. FOR FUEL PURCHASE THIS AGREEMENT, made and entered into this 29 0- day of
jdv , 1990, .by and between the CITY OF GREELEY,
COtDBAffO�� 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 o£ 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 %)/5,_3
cee ecv/
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 o£ 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 City
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.
8. 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 required.
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.
; 11
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 C wend the County have signed and
sealed this Agreement this ffTlr day of (JGIPEesi - r
1990.
CITY OF GREELEY, COLORADO by
ATTEST: and through the City Council
of the City of Greeley
„�.ic}c�... I
4Cit elierka
o
APPROVED AS TO FO APPROVE AS TO SUB TA�NC�E/
C t t orney City Manager
Page 5 of 6 Pages
COUNTY OF WELD, COLORADO, by
ATTEST: " and through the Board of County
w�%�.:/.4 iv� "v`.. �� Commissioners of the County of
Weld
�� J 412
�EQW+Y C1 r to the Boa C ai n
APPROVED Al: FORM:
ounty Attorney
Page 6 of 6 Pages
CITY OF GREELEY, COLORADO
4 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.
se . , permits and encourages governments to make the melt
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:
4 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 the Greeley City
Charter.
PASSED AND ADOPTED, SIGNED AND APPROVED this 2nd day of
October , 1990.
ATTEST: THE
CITY OF GREELEY, COLORADO
By: By: -.. It��
C rc ayor
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