HomeMy WebLinkAbout20150786.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT OF
COUNTY ROAD 32.5 AND STERKEL BOULEVARD INTERSECTION AND
AUTHORIZE CHAIR TO SIGN - TOWN OF PLATTEVILLE
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
Improvement of County Road 32.5 and Sterkel Boulevard Intersection 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 Platteville, commencing March 23,
2015, and ending upon completion of the project, or until such time as the project is abandoned or
suspended due to denial of grant funding requested by the Town, with further terms and
conditions being as stated in said Intergovernmental Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said Intergovernmental
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 Improvement of County
Road 32.5 and Sterkel Boulevard Intersection 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 Platteville be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Intergovernmental Agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
AraKirkSF
COUNTY, COLORADO
ATTEST: CCam�(( Jcid
Weld County Clerk to the B•kf.�
Mike Freeman Pro-Tern
BY: i�.., �• --
Deputy Cle to th f` 1_,
6 L , / Sea onwn t, �—
APPROVED AS TO FOR Li t./
• Julie A Cozad
County Attorney
�// Steve Moreno
Date of signature: Cv
cc; p�(Fc j.,L> ciao
2015-0786
EG0072
MEMORANDUM
LJ.:7.,D.,,_
TO: Clerk to the Board DATE: March 18, 2015
t:� G G �u ti`. Y
FROM: Janet Lundquist,Public Works Department
SUBJECT: Agenda Item
IGA for the improvement to WCR 32.5 and Sterkel Blvd. intersection in Platteville.
Enclosure
2015-0786
INTFRGOVERNMHNTALAC,;RIFMl N l FOR_I I II. IMI'ROVIiMENT OF WCR 32.5 AND
S_I,_I RKFIRI.VD INTHRSECTION IMPROVIAlt NTS IN PLA_I'TEVIL..l.l _COLORADO
THIS AGREEMENT is entered into thisZ'riday of March, 2015, by and between the
Town of Platteville, a municipal corporation of the State of Colorado, whose address is 400
Grand Avenue, Platteville CO 80651, hereinafter referred to as"Town," and 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, whose address is 1 150 O Street, P.O. Box 758, Greeley,
Colorado 80632, hereinafter referred to as "County."
WJTNESSETH:
WHEREAS, County desires to assist in the Repaving of CR 32.5 and the Sterkel Blvd
Intersection Improvements Project by providing $100,000 for the local match un a Colorado
Department of Local Affairs grant application without requiring Town to repay any portion of
said $100,000, and
WHEREAS, the $100,000 grant local match supplied by the County does not constitute
agreement or consent by County to own and/or assume maintenance responsibilities of the
section of CR 32.5 being repaved or the Sterkel intersection,and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(a).
NOW, THEREFORE, in consideration of the mutual promises and covenants stated
herein, the parties hereto agree as follows:
1. TERM:
The term of this Agreement shall be from the date first written above to and until
completion of the CR 32.5 Repaving and the Sterkel Blvd Intersection
Improvements, or until such time as the project is abandoned or suspended due to
denial of grant funding requested by the Town.
2. COUNTY AGREES TO:
a. Supply $100,000 for the .DOI.A grant local match. If the grant request is
denied for any reason, County shall not be required to supply any funds
for the project or otherwise.
3. TOWN AGREES TO:
a. Pursue all activities required of Town in the Grant Agreement.
Page 1 of 3 Pages
.2015-01 it.
b. Perform all necessary maintenance on CR 32.5 and the Sterkcl Blvd
intersection following completion of the Repaving and the Intersection
Improvements Project and thereafter, without expectation of payment of
funds by County to Town to perform said maintenance.
4. 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 hereto.
5. NO THIRD PARTY BENEFICIARY IARY EN:WI:.1. MENT:
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.
6. MODIFICATION AND 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 shall be
deemed valid or of any force or effect whatsoever, unless 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,
whether express or implied, shall not constitute a consent to, waiver of, or excuse
for any other different or subsequent breach.
7. FUND AVAILABILITY.
Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and
otherwise made available. Execution of this Agreement by County does not create
an obligation on the part of County to expend funds not otherwise appropriated in
each succeeding year.
Page 2 of 3 Pages
8. GOVERNMENTAL IMMUNITY..
No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, bcnetits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-201 et seq., as
applicable now or hereafter amended.
WELATTEST-a-
rfES� ,'NT u I -, , 1
ATTEST G` �JCILp,„e. BOARD OF COUNTY COMMISSIONERS
Weld '. ty„lerk to the Boar - --- WELD COUNTY,CO RADO
BY:
•=!� S ' �►� -�--
Deputy Cl• to t1,A oa • arbara Itirkn+eyer,CYiair MAR 2 2015
a�r `
r„..443.OVE AS'I F I. ►k t- APPROVED AST( 'Sl1IIS"I'ANCE:
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Contra -r � '�;/�( .�� ✓/ E!ectek llfcial or Department Head
WE ) TO '. NIA
Director at General Services
Con•' Attorney
A'I'T[ ST: TOWN OF PLATTEVILLE, a municipal
Q� pl I. 1'). �\ corporation of the State of Colorado
j 1-- I 0 -(\.' i gi %.....
..,.., _„....,.. , • _ __.._ .
:,... • ,,,,
Mary Lc), Town CO / utuuc Dunston,Mayor
•
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Page 3 of 3 Pages
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