HomeMy WebLinkAbout20141897.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF
COUNTY ROAD 53 AND AUTHORIZE CHAIR TO SIGN -TOWN OF KERSEY
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 53 as it passes through Kersey, Colorado (a/k/a Main Street)
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
Kersey, 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 53
as it passes through Kersey, Colorado (a/k/a Main Street) 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 Kersey 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 June, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
. '
ATTEST:ti�i( ' ;� �r�o (c& c"'�`MoS� --
'� `"v Douglds Rademach r, Chair
Weld County Clerk to the Board L( R
rbara Kirkmey r, Pro-Te
BY: 4�, 0 : a i A ..:�i �� /I �.
D p R y Clerk to the Board
1
iui I( _ �'� � P. Conway
APP D ORM:
Ii Ja e Freeman
o Attorney EXCUSED
William F. Garcia
Date of signature: 7-g-/d c c .p1,) (Fe.,SL,
2014-1897
EG0070
INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF WCR 53 AS IT
PASSES THROUGH KERSEY, COLORADO (a/k/a"MAIN STREET")
iM
THIS AGREEMENT is entered into this-I0 day of June, 2014, by and between the Town
of Kersey, a municipal corporation of the State of Colorado, whose address is 332 Third Street,
P.O. Box 657, Kersey, Colorado 80644, 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 1150 O Street, P.O. Box 758, Greeley,
Colorado 80632, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Town and the Colorado Department of Local Affairs have entered into a
Grant Agreement (specifically, "EIAF 7281 —Kersey Main Street Repaving") for repaving of an
approximately one mile stretch of Weld County Road ("WCR") 53 (also known as "Main Street)
(hereinafter referred to as "the Repaving Project"), and
WHEREAS, County desires to assist in the Repaving Project by purchasing from its
vendor $200,000 of asphalt necessary to be used in the Repaving Project, without requiring
Kersey to repay any portion of said $200,000, and
WHEREAS, County has no objection to Kersey designating the $200,000 purchase of
asphalt as its "match" in order for it to comply with Sections 6.1 and 6.2 of the Grant Agreement,
and
WHEREAS, the $200,000 purchase of asphalt by County does not constitute agreement
or consent by County to own and/or assume maintenance responsibilities of Main Street upon
completion of the Repaving Project, 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 Repaving Project.
2. COUNTY AGREES TO:
a. Purchase $200,000 of asphalt from its vendor (approximately 4,444 tons)
for use in the Repaving Project at the time it is needed.
Page 1 of 4 Pages
20fV- /897
b. The designation of said $200,000 of asphalt as a "match" by Kersey in
order to comply with Sections 6.1 and 6.2 of the Grant Agreement.
3. TOWN AGREES TO:
a. Pursue all activities required of Town in the Grant Agreement.
b. Perform all necessary maintenance on Main Street following completion
of the Repaving 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 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.
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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
Page 2 of 4 Pages
June, 2014. CC�� �,,,/
ATTESS G: �C.�o'ok. � OUNTY OF WELD, a political
Weld County Clerk to the Board # V division of the State of Colorado
•
By �..1t".11/42
A1,V _ �.. • ! 1 . .�
deputy to the Board � gar . -.,lDougl. Rad- .cher, Chair JUN 2 3 2014
O V Board of County Commissioners
of the County of Weld
ATTEST: TO F KERSEY, a municipal
c Lion of the State of Colorado
Atici
By:likitid By
ulie Piper, own Clerk Bob Kellerhuis, Mayor
Page 3 of 4 Pages
t20/1"7'i A8, 7
Esther Gesick
From: Janet Lundquist
Sent: Friday, June 20, 2014 9:32 AM
To: Esther Gesick; Commissioners; Bruce Barker; Don Warden; Jay McDonald
Subject: Kersey IGA
Attachments: Kersey-Weld IGA for WCR 53.docx
Happy Friday!
I attached the word version of the IGA with Kersey for their DOLA grant.The BOCC committed $200,000 for the paving
of CR 53 if the Town received the DOLA grant. Due to the increase in construction costs the county will be purchasing
the asphalt for the project up to $200,000.The Town will return the signed IGA to me today and I will bring it to the CTB
by Monday morning for the BOCC hearing. DOLA has given us a verbal approval of the in-kind match, once the IGA is
complete Don Sandoval (DOLA) will sign off on the in-kind match and Kersey's contractor can begin work. If anyone has
any questions please let me know. Have a great weekend!
Thanks,
Janet Lundquist
Traffic Engineer
Weld County Public Works Dept.
P.O. Box 758, Greeley, CO 80632
Tele-970.356.4000 ext 3726
Fax- 970.304.6497
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2014-1897
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