HomeMy WebLinkAbout20191144.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR FUEL PURCHASE AND
AUTHORIZE CHAIR TO SIGN - FORT LUPTON FIRE PROTECTION DISTRICT
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 Fuel
Purchase 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 Fleet Services, and Fort Lupton
Fire Protection District, commencing upon full execution of signatures, 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 Fuel Purchase 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 Fleet Services, and the Fort Lupton Fire Protection District, 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 20th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CO O" ' DO
ATTEST: d,,,t440.0
Weld County Clerk to the Board
BY: et,IA
Deputy Clerk to the Board
APPROVED AS TO FORM:
fres r County Attorney
Date of signature: 3-2'1-11
rbara Kirkmeyer, r hair
EXCUSED
Mike Freeman, Pro -
James
Steve Moreno
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2019-1144
FT0001
Memorandum
TO: Board of County Commissioners, March 12, 2019
FROM: David Springer, Director of Fleet Services
SUBJECT: Fort Lupton Fire Protection District
On November 29, 2018 there was a work session to discuss Fort Lupton Fire Protection District
using the Weld County's Fort Lupton fuel site much like the City of Fort Lupton is currently
doing. The Gasboy system currently segregates users to allow accounting to monitor usage.
Legal has the Intergovernmental Agreement for fuel purchase between the Fort Lupton Fire
Protection District and Weld County completed. The agreement has been signed by the Fire
protection District. This agreement needs the final signature from the BOCC.
If you have any questions, feel free to contact me via phone or e-mail at;
Extension 3513 or dspringer@weldgov.com
Yes, add to agenda
Work Session
Barb Kirkmeyer
Mike Freeman
Sean Conway
Scott James
Steve Moreno
2019-1144
3/zo
-PV 000i
INTERGOVERNMENTAL AGREEMENT FOR FUEL PURCHASE BETWEEN THE FORT
LUPTON FIRE PROTECTION DISTRICT AND THE COUNTY OF WELD. COLORADO
THIS AGREEMENT ("Agreement") is made and entered into this .2$"day of February
2019, by and between the FORT LUPTON FIRE PROTECTION DISTRICT, whose address is
1121 Denver Avenue, Fort Lupton, Colorado 80621, hereinafter referred to as "FLFPD," and
the COUNTY OF WELD, COLORADO, whose address is P.O. Box 758, 1150 O Street,
Greeley, Colorado 80632, hereinafter referred to as "County." FLFPD and County are referred
to individually as a "Party" and collectively as the "Parties".
WITNESSETH:
WHEREAS, FLFPD does not currently have a fuel facility for FLFPD's fleet; and
WHEREAS, County has a fuel facility located at 7625 Weld County Road 31, Fort Lupton,
Colorado, with sufficient capacity for both FLFPD's and County's fleets;
WHEREAS, County desires to allow FLFPD to use, and FLFPD desires to use, the County
Fuel Facility for the FLFPD Fleet; and,
WHEREAS, to set forth clearly the responsibilities, obligations, powers, and rights of each of
the Parties, FLFPD and 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. The terms set forth below have the following meanings:
A. County Fleet: means vehicles and equipment owned or leased by County.
B. County Fuel Facility: means the fuel facility owned by County and located at 7625 Weld
County Road 31, Fort Lupton, Colorado.
C. 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.
D. Fuel: refers to diesel fuel and unleaded gasoline sold by the gallon and dispensed at the
County Fuel Facility.
E. FLFPD Fleet: means vehicles and equipment owned or leased by the FLFPD.
2. COUNTY RESPONSIBILITIES.
A. It shall be the responsibility of County to operate and maintain the County Fuel Facility.
County shall make its best effort to ensure that FLFPD is afforded an equal opportunity
to fuel its fleet. However, County reserves the right under exigent circumstances to
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ensure that the County Fleet takes priority over the FLFPD Fleet in receiving available
fuel. County shall contact FLFPD in the event of an exigent circumstance that may limit
the fuel available to the FLFPD Fleet so that FLFPD may arrange an alternative fuel
source.
B. County will purchase, and provide to FLFPD, Fuel Cards as requested by FLFPD, and
will ensure that the Fuel Cards are coded correctly.
C. County shall provide a monthly management report to FLFPD containing detailed
information about each fueling transaction of the FLFPD fleet, subtotaled by vehicle.
3. FLFPD RESPONSIBILITIES.
A. It shall be the responsibility of FLFPD to distribute and keep track of the Fuel Cards
and to take reasonable measures to protect against their unauthorized use.
B. FLFPD shall keep records regarding which employees and equipment are authorized to
use the County Fuel Facility and will provide such information as needed by County to
set up the fuel usage tracking system. FLFPD shall promptly inform County of
employees who are no longer employed by FLFPD and who were authorized to use the
County Fuel Facility. It shall be the responsibility of FLFPD to ensure that its employees
provide accurate information on all fueling transactions.
C. Notwithstanding Section 4(B) of this Agreement, FLFPD shall, to the extent permitted
by law, indemnify County for any costs associated with the unauthorized use of the fuel
cards, including, but not limited to, fuel costs and any damage to the County Fuel
Facility, arising from or relating to this Agreement.
D. Notwithstanding Section 4(B) of this Agreement, FLFPD shall, to the extent permitted
by law, indemnify County for any damage or loss to the County Fuel Facility and to the
stored fuel resulting from the actions of FLFPD officials, employees, or agents, arising
from or relating to this Agreement. FLFPD shall also be responsible, to the extent
permitted by law, for indemnifying County for the costs of any disruption of County
operations resulting from damage or loss to the County Fuel Facility and its stored fuel
resulting from the actions of FLFPD officials, employees, or agents, arising from or
relating to this Agreement.
E. FLFPD understands that the County Fuel Facility is unmanned and visited on an irregular
basis by County personnel. FLFPD shall be responsible for immediately informing by
phone the appropriate County contact person referred to in Section 7 of this Agreement of
any issues affecting the operation of the County Fuel Facility. FLFPD understands that
County may be unable to immediately address issues affecting the operation of the
County Fuel Facility and County shall in no way be responsible for any costs incurred by
FLFPD caused by disruption of FLFPD operations and/or FLFPD's need to obtain
alternative fuel sources. FLFPD is solely responsible for ensuring that an alternative fuel
source is available in the event fuel is unavailable at the County Fuel Facility for
whatever reason.
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F. FLFPD understands that County will not provide snow removal service to the County Fuel
Facility. If necessary to ensure its access to the County Fuel Facility, FLFPD may elect at
its own expense to remove snow from the County Fuel Facility. Furthermore,
notwithstanding Section 4(C) of this Agreement, FLFPD assumes all risks to its property
and personnel if it chooses to not remove snow from the County Fuel Facility and FLFPD
shall not hold the County liable for any damage to FLFPD property or personnel resulting
from snow or related cold weather conditions, e.g. ice, existing at the County Fuel
Facility.
4. LIMITATIONS LIABILITIES INDEMNIFICATION.
A. This Agreement is not intended, and shall not be construed, as a waiver of the
limitations on damages or any of the privileges, immunities, or defenses provided to, or
enjoyed by, the Parties and their directors, officers, employees, and volunteers under
common law or pursuant to statute, including but not limited to the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, C.R.S., et seq.
B. To the extent permitted by law, each Party agrees to indemnify, defend and hold
harmless the other Party and its current and former directors, officers, employees,
volunteers, agents, and representatives (collectively, "Indemnitees") from and against
any loss, liability, damage, claim, cost, or expense of any kind or nature whatsoever,
which one or more of the Indemnitees may incur due to the negligent acts of other
Party or its current or former directors, officers, employees, volunteers, agents, or
representatives, that arise from or relate to the performance of this Agreement. The
Indemnitees shall have the sole right to select legal counsel to defend them in
connection with any claim, lawsuit, or proceeding coming within the scope of this
indemnification provision, notwithstanding the other Party's obligation to pay the fees,
costs, and expenses incurred by such legal counsel.
5. TERM.
This Agreement shall be effective for one (1) year from the date of final execution by the
Parties. At the end of the initial one-year period, this Agreement shall automatically renew
annually for successive one -years terms unless sooner terminated by written notice from
either Party in accordance with Section 6 of this Agreement.
6. TERMINATION.
This Agreement may be unilaterally terminated, with or without cause, by either Party upon
twenty (20) days written notice to the other Party, in accordance with Section 10 of this
Agreement. Written notice of termination of this Agreement shall include the final date upon
which the terminating Party will use or allow access to the County Fuel Facility. County
shall ensure that by the end of the business day on the final date specified in the written
notice of termination, all Fuel Cards issued to FLFPD shall be invalidated and access to the
County Fuel Facility and its fuel shall be discontinued. FLFPD shall ensure that all Fuel
Cards are returned to County within two (2) business days of the end of the final date
specified in the written notice of termination.
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7. FLFPD AND COUNTY CONTACTS.
To administer this Agreement effectively, both FLFPD and County have designated contacts
who will promptly address issues related to this Agreement. Any change in such contacts
requires prompt notice in writing to the other Party. The designated contacts are listed in
Schedule A attached hereto and incorporated herein by reference.
8. COST AND REIMBURSEMENT.
A. FLFPD shall reimburse County for County's fuel dispensed to the FLFPD's fleet. County
will bill FLFPD the per gallon cost for fuel used by FLFPD plus three cents ($0.03) per
gallon for facility and administrative costs.
B. FLFPD shall pay County three -dollars and fifty cents ($3.50) per Fuel Card for any
Fuel Card that FLFPD requests from County. If FLFPD requests that County keep Fuel
Cards in stock for FLFPD, then FLFPD shall pay for the Fuel Cards in stock.
C. County shall provide FLFPD with a monthly, itemized invoice detailing each fueling
transaction and Fuel Card charge incurred by FLFPD. FLFPD agrees to pay all
undisputed fees within 30 days of the date of the invoice.
9. NOTICES.
Any notice required or permitted by this Agreement shall be in writing and shall be served by
personal delivery or by certified mail, return receipt requested, postage prepaid, to the address for
the appropriate contact person listed in Schedule A, attached hereto and incorporated herein by
reference. Notice shall be deemed delivered and effective upon personal delivery or placement in
the mail in accordance with this Section 9. This method of notification will be used in all
instances, except for situations when immediate notification is required. Where immediate
notification is required, such notification shall be by phone and email to the appropriate contact
person.
10. 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. NO THIRD -PARTY 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.
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12. NONAPPROPRIATION.
All direct and indirect financial obligations of a Party under this Agreement are subject to
annual appropriation of the funds necessary to meet such obligations. If either Party's
governing body fails to appropriate funds necessary to meet that Party's obligations under
this Agreement for the ensuing fiscal year, this Agreement shall terminate at the end of the
year in which the non -appropriation occurred, and neither Party shall have liability to the
other Party.
13. ENTIRE AGREEMENT; MODIFICATION; WAIVER OF BREACH.
This Agreement contains the entire Agreement and understanding between the Parties to this
Agreement and supersedes any other agreements concerning the subject matter of this
transaction, whether oral or written. No modification, amendment, novation, renewal, or
other alteration of or to this Agreement and any attached schedules shall be deemed valid or
of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned
Parties. Course of performance, no matter how long it continues, shall not constitute an
amendment to this Agreement. 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, whether express or implied, shall not
constitute a consent to, waiver of, or excuse for any other, or subsequent, breach.
14. ADDITIONAL TERMS.
Colorado law governs this Agreement. Jurisdiction and venue lies exclusively in the District
Court for Weld County. If any provision of this Agreement is held invalid or unenforceable,
all other provisions shall continue in full force and effect. In any dispute arising from or
relating to this Agreement, the prevailing Party shall be awarded its reasonable attorneys' fees,
costs, and expenses, including any attorneys' fees, costs, and expenses incurred in collecting
upon any judgment, order, or award. This Agreement may be executed in counterparts and by
facsimile or electronic pdf, all of which shall constitute one original instrument.
[SIGNATURE PAGE IMMEDIATELY FOLLOWS]
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ATTEST:
CLERK TO THE BOARD
By:
ATTEST:
1* laic
6
COUNTY OF WELD, COLORADO
by and through the BOARD OF COUNTY
COMMISSIONERS OF T E COUNTY OF
WEL
By.
arbara Kirkmeyer Chair
MAR 202019
FORT LUPTON FIRE PROTECTION
DISTRICT
By: _
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RE: INTERGOVERNMENTAL AGREEMENT FOR FUEL PURCHASE - FORT LUPTON FIRE
PROTECTION DISTRICT
PPROVED AS TO SUBSTANCE:
Elected Official oDepT ment Head
APPROVED AS TO FUNDING:
APPROVED AS TO FORM:
County Attorney
SCHEDULE A
WELD COUNTY
Toby Taylor, Director
Weld County Department of Buildings & Grounds
1105 H Street
P.O. Box 758
Greeley, CO 80632
970.400.2023
FORT LUPTON FIRE PROTECTION DISTRICT:
Phil Tiffany, Fire Chief
Fort Lupton Fire Protection District
1121 Denver Ave.
Ft. Lupton, CO 80621
303.857.4603
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