HomeMy WebLinkAbout972725.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF FUEL FACILITY AND AUTHORIZE CHAIR
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, the Board has been presented with an Agreement for Use of Fuel Facility
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Northern Colorado Association of Local Governments,
% Northeastern Colorado Home Weatherization and Community Action, 231 Main Street, Suite
211, Fort Morgan, Colorado 80701, 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 use of Fuel Facility between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and the Northern Colorado Association of Local Governments, do Northeastern Colorado
Home Weatherization and Community Action, 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 24th day of December, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
.`sir WE�UNTY, COL7D�
ATTEST: I /7IC� ,'�t ,
�, George E. Baxter, Chair
Weld County le 1,.1,!"�r ,,.
:ingot.
iin 1 EXCUSED
PA/ A i y Constance L. Harbert, Pro-Tem
BY: •. (0, .;,zti;.
Deputy CI; "'Pretr EXCUSED DATE OF SIGNING
(AYE)
Dale . Hall j
J.APP S T ORM: �/ / keZ
arbara J. Kirkmeyer
C unty Attor ey / a
ki
W. H. Wes
972725
(7�; II/C/�GC//v C%4i ,q .1� BC0026
I
AGREEMENT FOR USE OF FUEL FACILITY
THIS AGREEMENT is made and entered into this R4'M day of 2e&r)ter ,
1997, by and between the County of Weld, a political subdivision of the State of Colorado, by
and through the Board of County Commissioners of the County of Weld, with offices located at
P.O. Box 758, 915 10th Street, Greeley, Colorado 80632, hereinafter referred to as "County,"
and the Northeastern Colorado Association of Local Governments, c/o Northeastern Colorado
Home Weatherization & Community Action, with offices located at 231 Main Street, Suite 211,
Fort Morgan, Colorado 80701, hereinafter referred to as "NECALG."
WITNESSETH:
WHEREAS,NECALG has been awarded a State of Colorado, Office of Energy
Conservation Contract and a Public Service Company of Colorado Contract for the provision of
the Energy Savers Partnership ("ESP") for weatherization assistance in Weld County, and
WHEREAS,NECALG plans to open and operate a satellite office in Greeley, Colorado,
for the purpose of performing said Contracts, and
WHEREAS,NECALG has requested of the County to have the authority to fuel its
vehicles with fuel from County's fueling facility located in County's North Business Park, and
WHEREAS,NECALG has agreed to purchase said fuel at the rates established herein
under the rules set by the County for the use of its fueling facility.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: This Agreement shall be in force for a period of one year from the date
set forth above and shall be renewed automatically for successive one year terms
unless sooner terminated by either party by providing to the other party written
notice of such intent to terminate, which notice must be received at least 30 days
prior to the intended date of termination.
2. COUNTY AGREES: County agrees to the following for the term of this
Agreement:
a. To provide to NECALG access to the County's fueling facility at its North
Business Park for the purpose of fueling all vehicles which are owned and
operated by NECALG and which are used in the weatherization services
performed by NECALG in Weld County. Such access shall be by "user
cards" issued by County to authorized NECALG personnel and/or to
NECALG for specific NECALG vehicles.
Page 1 of 4 Pages
972725
b. To sell fuel to NECALG at the same rate charged to other County fuel
users, including a service charge or facility fee of$.03 per gallon of fuel
pumped.
c. To send to NECALG by the third working day of each month a detailed
billing of all amounts charged for fuel sales to NECALG for the previous
month.
3. NECALG AGREES:
a. To pay to County the sum of$3.50 for every fuel facility access card
issued by County to NECALG. NECALG will safeguard all access cards
issued to it and shall be responsible for the cost of any fuel
misappropriated as the result of lost or stolen access cards.
b. To use the County fuel facility only for NECALG owned and operated
vehicles.
c. To abide by all rules set by County for the use of its fueling facility.
d. To pay to County all amounts billed for fuel purchases and for the
issuance of fuel facility access cards within fifteen(15) days of receiving
the billing for the same from County.
e. To pay for any and all damages to County's fueling facility and its
equipment, which is caused, either directly or indirectly, by NECALG
employees during their use of the facility.
f. To indemnify, defend, and hold harmless County, its officers and
employees, from any third-party liability caused, either directly or
indirectly, by the negligent actions of NECALG employees while fueling
NECALG vehicles at the County's fueling facility.
4. INDEPENDENT ENTITY: NECALG agrees that it is an entity independant from
Weld County Government and, as such, has purchased all necessary insurance for
its employees and vehicles, including vehicular liability and workers
compensation, as required by Colorado law.
5. NON-ASSIGNMENT: This Intergovernmental Agreement shall not be
assignable.
6. MODIFICATION AND BREACH: This Intergovernmental Agreement contains
the entire agreement and understanding between the parties hereto and supersedes
Page 2 of 4 Pages
972'725
any other agreements concerning the subject matter of this transaction, whether
oral or written. Modifications, amendments, novations, renewals, or other
alterations of or to this Agreement shall only be deemed valid or of any force or
effect whatsoever if mutually agreed upon in writing by the undersigned parties.
No breach of any term, provision, or clause of this Agreement shall be deemed
waived or excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any consent by any party
hereto or waiver of a breach by any other party, either expressed or implied, shall
not constitute a consent to, waiver of or acceptance of any other different or
subsequent breach.
7. SEVERABILITY: If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement are then capable of
execution within the original intent of the parties.
8. NO WAIVER OF IMMUNITY: 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.
9. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
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.
WHEREFORE, parties have hereunto set their hands and seals the date and year first
written above.
h��'
� 4 it �.,/r�, / COUNTY OF WELD, STATE OF
ATTEST: ! >;,'`%� �i. COLORADO
%Sl
� (F' Rl eorge axter, Chairman, Board of
Deputy Clerk t��y�.�••��� g
County Commissioners of Weld County
(12/24/97)
Page 3 of 4 Pages
9'7272S
NORTHEASTERN COLORADO
ATTEST: ASSOCIATION OF LOCAL
GOVERNMENTS
By:
Se etary L Schumacher, Chairman, Board of
rectors
M:\W PFILES\AGREE\FUELFAC.BTB
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