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Home My WebLink About20230309.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR REMOVAL OF MATERIAL LOCATED AT HOKESTRA GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN - TOWN OF FIRESTONE 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 Intergovernmental Agreement for the Removal of Material Located at the Hokestra Gravel Pit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of Firestone, commencing upon full execution of signatures, and ending June 30, 2023, with further 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 Intergovernmental Agreement for the Removal of Material Located at the Hokestra Gravel Pit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of Firestone, 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 30th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dityfm) adeo;ok Weld County Clerk to the Board BY: AP Count ttorney Date of signature: O Mik eeman, Chair Pe L. Buhl S ott K. Jam Lori S -in 01,eX Pro-Tem cc:I:4404 p4J(c4 /ER/eK) fo 6 /23 2023-0309 EG0081 INTERGOVERNMENTAL AGREEMENT FOR THE REMOVAL OF MATERIAL LOCATED AT THE HOKESTRA GRAVEL PIT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this day o1�Qj , 2023, by and between the Town of Firestone, Colorado, a municipal corporain of the S to of Colorado, whose address is 9950 Park Avenue, Firestone, Colorado 80504, hereinafter r erred to as "Firestone," 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, 1150 "O" Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County." Firestone and Weld County are each referred to herein as "Party," and collectively as "the Parties." WITNESSETH: WHEREAS, there are two stockpiles of material at the Hokestra Gravel Pit generated by Weld County's mining process whose only use identified by the Weld County Department of Public Works is as backfill at the North Pierce Gravel Pit; and WHEREAS, use of the material as backfill would incur an estimated six hundred thousand dollars in labor, maintenance, and fuel expenses for Weld County in addition to significant interruptions to ongoing construction and maintenance operations; and WHEREAS, Weld County needs the stockpiles removed in order to create additional stockpiling areas to meet its obligations to the Central Colorado Water Conservancy District; and WHEREAS, Firestone, a municipality within Weld County, has identified a use for the materials to help further economic development in Firestone and Weld County; and WHEREAS, both Parties are authorized to enter into this Agreement by C.R.S. Sec. 29-1- 203 and the Colorado Constitution Article XIV, Sec. 18(2), the Parties hereby enter into this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. TERM: This Agreement shall be effective from the date of final execution of this Agreement until June 30, 2023. 2. MATERIALS TO BE REMOVED: Firestone agrees to remove the materials identified in Exhibit A. As gravel mining operations continue at the Hokestra Gravel Pit, Weld County will identify any additional material available for Firestone to remove at Firestone's option. PARTIES' OBLIGATION TO COORDINATE MATERIAL REMOVAL: The Parties will coordinate material removal such that both Firestone and Weld County can be present in the Hokestra Gravel Pit as needed. Weld County will provide access for Firestone to the Hokestra Gravel Pit on the coordinated dates. Page 1 of 5 2023-0309 U/:30 eGI Ob`3 I 4. FIRESTONE'S OBLIGATIONS DURING MATERIAL REMOVAL: Firestone will be responsible for obtaining all permits needed to move material from the IIokestra Gravel Pit to Firestone's chosen destination. Firestone will be responsible for all traffic control on County Road 24.5 and Firestone Boulevard. Firestone will be responsible for any mud tracked by its vehicles onto County Road 24.5 and Firestone Boulevard. Firestone will employ mitigation for any dust generated as a result of the loading or unloading of material. Firestone will not dig below the surrounding grade of the material stockpiles. Firestone will leave the ground surface flat at the current elevation. Firestone will perform all work under this Agreement in a manner consistent with the provisions of this Agreement and will conform to the performance standards and requirements set forth in the ordinances, resolutions, rules and regulations of Firestone and in compliance with other applicable laws. 5. PAYMENT FOR MATERIALS: Firestone agrees to pay Weld County $267,336.00 for the initial two stockpiles of material. Firestone agrees to pay Weld County $4 per cubic yard of additional material it elects to remove. Payment shall be made by June 30, 2023. 6. NO ASSIGNMENT: Any assignment by either Party under this Agreement shall be null and void without prior written consent from the other Party. 7. GOVERNMENTAL IMMUNITY AND INDEMNIFICATION: A. Both Firestone and County acknowledge that each party is a governmental entity immune from certain liability pursuant to the Colorado Governmental Immunity Act §§ 24-10-101 C.R.S., et seq. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, limitations, or other provisions of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. B. To the extent Firestone is liable for any act, omission, or failure to act, despite the application of the Colorado Governmental Immunity Act, Firestone agrees to indemnify and hold harmless Weld County to the extent permitted by law of the liability incurred by the act, omission, or failure to act by Firestone in relation to this Agreement. Firestone acknowledges that this agreement to indemnify and hold harmless Weld County extends to the Board of Weld County Commissioners, and to all Weld County officers, employees, and agents. C. To the extent Weld County is liable for any act, omission, or failure to act, despite the application of the Colorado Governmental Immunity Act, Weld County agrees to indemnify and hold harmless Firestone to the extent permitted by law of the liability incurred by the act, omission, or failure to act by Weld County in relation to this Agreement. Weld County acknowledges that this agreement to indemnify and hold harmless Firestone extends to all Firestone officers, employees, and agents. Page 2 of 5 8. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto, constitutes the entire Agreement between the Parties with respect to the subject matter herein, and shall be binding upon the Parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of the Parties. 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 Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It is the express intention of the Parties that any entity other than the Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 10. 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 is then capable of execution within the original intent of the Parties. 11. MODIFICATION AND BREACH: This Agreement contains the entire Agreement and understanding between the Parties and supersedes any other Agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the 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, or waiver of, a breach by any other Party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 12. NOTICES: All notices required herein shall be personally delivered or mailed via First Class Mail to the Parties' representatives at the addresses set forth below: TOWN OF FIRESTONE A.J. Krieger Town Manager 9950 Park Avenue Firestone, CO 80504 Phone: 303-833-3291 WELD COUNTY Jay McDonald Director of Public Works P.O. Box 758, 1111 "O" Street Greeley, CO 80632 Phone: 970-304-6496 13. NO WARRANTY: Weld County makes no warranty regarding the suitability of the material for any intended use by Firestone. 14. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Colorado and venue for any dispute shall be in the District Court for Weld County. 15. NONAPPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of Firestone or Weld County to expend funds not otherwise Page 3 of 5 appropriated in each fiscal year. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: TOWN OF FIRESTONE, COLORADO i By: `I� y.. SEAL, E ; By: Gonzalez, Acti ':Town Clerk ; o - O;.........• 0 v. ATTEST:WeCrA4A) W''' BOARD OF COUNTY COMMISSIONERS, WELD C I UNTY Clerk to the Board WELD COUNTY, COLORADO By: (Deputy) F-rk to the Bo 1861 By: Page 4 of 5 Drew Peterson, Mayor Mike Freeman, Chair JAN 3 0 2023 , - 1:.'H�okes-trPit St�c"L......... .....n.-. s a. � .. - - r r. . in EXHIBIT A .. _ �� ._. . is_ ..,.. , .a. ... .2,,, ,, .34, • ...... ......„---Th. , ,,, _....,_ . , , .4) .,,_ , 4 _ - l 1 - _ `1p f .- - � .. .',- - ... legend --......c. r 1 i Highway = _ �. • . tructural Fill Stockpile O C<'unty Boundary - c • , ` - `• • oximately 21.500 CY • i II i opsoil/Overburden Stockpiles ° • pproxirnately 45.300 CY • "NM' ... � . �•� _ .' r at.. _ _".i , •. •n w _ ! Oa I • . • I - .t- 9Thi MOO] 5 >, Site Entrance - ! 7 1. - Coordinate VVeld j --, -1 _ with ' aunty for access N 11•x;71 WI I f ki =.1a,V�- wy„ �i Sri _ ., . - 11. .. 0 11 3 7 1 inirrAl #6, ��'.� , I 1: 3,351 0in Notes i •: : 4• _ _,..4. 5586 0 27928 558.o i eel Thri map rs a uses generated static outptt horn an ethernet rnappng um and is for 5/14/22 f err me a Dray Data Layers that appear on than map may cx may not be accurate. WGS _ 19 WI _Web_ Mercat or Auxdwry_ Sphere currant. a othenNne tillable Co Weld County Colorado THIS MAP iS NOT TO BE USED FOR NAVIGATION V IIHIHX3 RESOLUTION NO. 23-18 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD COUNTY COLORADO FOR THE REMOVAL OF MATERIAL LOCATED AT THE HOKESTRA GRAVEL PIT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this 25th day of January 2023, by and between the Town of Firestone, Colorado, a municipal corporation of the State of Colorado, hereinafter referred to as ("Firestone,") and the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado hereinafter referred to as ("Weld County") WHEREAS, there are two stockpiles of material at the Hokestra Gravel Pit generated by Weld County's mining process whose only use identified by the Weld County Department of Public Works is as backfill at the North Pierce Gravel Pit; and WHEREAS, use of the material as backfill would incur an estimated six hundred thousand dollars in labor, maintenance, and fuel expenses for Weld County in addition to significant interruptions to ongoing construction and maintenance operations; and WHEREAS, Weld County needs the stockpiles removed in order to create additional stockpiling areas to meet its obligations to the Central Colorado Water Conservancy District; and WHEREAS, the Town, has identified a use for the materials to help further economic development in Firestone and Weld County; and WHEREAS, both Parties are authorized to enter into this Agreement by C.R.S. Sec. 29-1- 203 and the Colorado Constitution Article XIV, Sec. 18(2), the Parties hereby enter into this Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO: in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: The Intergovernmental Agreement between the Town of Firestone and Weld County for the removal of material located at the Hokestra Gravel Pit is approved in substantially the same form as the copy attached hereto as Exhibit A and made a part of this resolution and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town. PASSED AND ADOPTED this 25th day of January 2023 Page 1 of 3 ATTEST: B K. Bashor, Town Clerk TOWN OF FIRESTONE, COLORADO Drew Alan Peterson, Mayor APPROVED AS TO FORM: William ' ayas i, ,( Attorney Page 2 of 3 EXHIBIT A A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD COUNTY COLORADO FOR THE REMOVAL OF MATERIAL LOCATED AT THE. HOKESTRA GRAVEL PIT 5 PAGES Page 3 of 3 INTERGOVERNMENTAL AGREEMENT FOR REMOVAL OF MATERIAL LOCATED AT HOKESTRA GRAVEL PIT - TOWN OF FIRESTONE APPROVED AS TO SUBSTANCE: Elected Official, De•a me t Head, or Deputy Department Head APPROVED AS TO FUNDING: Chief Financial O icer, or Controller APPROVED AS TO FORM: County Attorney Hello