HomeMy WebLinkAbout990888.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR GRADING, WEED SPRAYING, AND SNOW REMOVAL
SERVICES AND AUTHORIZE CHAIR TO SIGN -TOWN OF BERTHOUD
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 Grading, Weed
Spraying, and Snow Removal Services between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Public Works
Department, and the Town of Berthoud, 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 Grading, Weed Spraying, and Snow Removal
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, and the Town of
Berthoud 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 21st day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, OLORADO
ATTEST: LII
�i��
ale K. Hall, Chair
ka
Weld County Clerk to th-
XCUSED DATE OF SIGNING (AYE)
L
4 arbara J. Kirkmeyer, Pro-Tem
/JJ
Deputy Clerk to the Boar.
eorge axter
PRO AS TO FORM: _
. J eile
,.County Attorne 2.Lccuti//' e`4
Glenn Vaad- -
990888
('(' : e G EG0038
6sim\ WELD COUNTY ATTORNEY'S OFFICE
rs cif( PHONE: (970) 3564000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
P.O. BOX 1948
ipt April 8, 1999 GREELEY, COLORADO 80632
April 8, 1999
COLORADO
1 APR 1 51999 •
R. Bruce Fickel II,Esq. `
P.O. Box S viELD COUI
Berthoud,CO 80513 r+. • `D NEY';
RE: Changes to Agreement for Grading,.Weed
Spraying and Snow Removal Services
Dear Bruce: L, �,`'f ��✓ ��
Y r
Enclosed are the following:
A. The Agreement for Grading,Weed Spraying, and Snow Removal Services for the Town
of Berthoud,which includes the changes to Paragraph 3 which you suggested and
requested in your April 6, 1999, letter. The changes are either"stricken"or"redlined."
B. Two originals of the same Agreement which had removed the "strikeout" and
"redlining."
It is my understanding that the Town of Berthoud will approve and execute the Agreement:at its next
meeting. I ask that you then send the originals to me at 915 Tenth Street,P.O. Box 1948, Greeley,
Colorado 80632. I will see that the Agreement is placed on the agenda for the Board of County
Commissioners for approval and signature and that one of the originals is returned to you.
If you should have any questions or comments regarding this letter or the enclosed, please feel free to
call me at(970)356-4000,extension 4390.
i erely,
Bruce T. ark
Weld County Attorney
BTB/db:Let/C hngagree
Enclosures
pc: Barb Kirkmeyer
Frank Hempen
990888
AGREEMENT FOR GRADING. WEED SPRAYING
AND SNOW REMOVAL SERVICES
THIS AGREEMENT, made and entered into this„?/st day of 4,0,4j1' , 1999, by and
between the TOWN OF BERTHOUD, COLORADO, a municipal corporation of the State of
Colorado, whose address is 328 Massachusetts Ave., Berthoud, Colorado 80513, 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 grading, weed spraying and snow
removal services performed on that portion of Weld County Road ("WCR") 7 located within the
boundaries of Town, which is hereinafter referred to as "Town Street", 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 grading, weed spraying and snow
removal services on Town Street according to the following terms and conditions:
1. County shall grade, spray weeds and remove snow on Town Street 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. Weed spraying shall be within the borrow pits and other areas of the road
right-of-way deemed necessary by County.
2. Town agrees to pay County for the services rendered, under this Agreement at the cost
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 he average
cost will be approximately $ 56 , 0 oper hour as of the date of this Agreement. County
reserves the right to raise said average cost at any time without prior approval of Town.
County shall bill Town on a periodic basis for those services which have been performed
in said period.
3. Town shall include County as an additional named insured on Town's policies of general
liability insurance in order to insure County against any and all loss occasioned as a result
of the performance of the services referred to herein and pursuant to this Agreement. 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
Page 1 of 3 Pages
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.
4. This Agreement shall run from year-to-year from the date of the signing of
this Agreement 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.
5. 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.
6. 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 he affected, and
every other term and provision of this Agreement shall be deemed valid and enforceable
to the extent permitted by law.
7. 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.
8. County, by and through this Intergovernmental Agreement and upon its promise to
perform the grading and weed spraying described herein, makes no warranty, either
express or implied, that such grading or weed spraying will meet any standards or
requirements other than those typically followed by County in performing such work
upon County roadways.
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties hereto have agreed as set forth herein the date and
year set forth above.
ATTEST: TOWN OF BERTHOUD, COLORADO
BY: C ��r�k BY:i fs
�� , Mayor
ATTEST: L4/1
/ / COUNTY OF WELD, STATE OF
O' a COLORADO
BY: td,,&_/u7 , - 4Z;) Y:
Deputy Clerk to the r � [$L 'I Dale K. Hall, Chair, Board f County
®p���lT 4 1 Commissioners of the County of Weld
��cSL N° �� (04Plf/9q)
Page 3 of 3 Pages
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