HomeMy WebLinkAbout20081949.tiff RESOLUTION
RE: APPROVE PERSONAL SERVICES CONTRACT FOR 2008 EARLY DETECTION/RAPID
RESPONSE (EDRR) FOR BLACK HENBANE AND OTHER SPECIES IN NORTHERN
WELD COUNTY GRANT 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 a Personal Services Contract for the 2008
Early Detection/Rapid Response(EDRR)for Black Henbane and Other Species in Northern Weld
County Grant 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,Weed Division, and
the Colorado Department of Agriculture, commencing upon full execution of said contract, and
ending December 15, 2008,with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Personal Services Contract for the 2008 Early Detection/Rapid
Response(EDRR)for Black Henbane and Other Species in Northern Weld County Grant 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, Weed Division, and the Colorado
Department of Agriculture be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
2008-1949
EG0058
co . Ad (i 7 < �a ( `-.4OiO( U c��
PERSONAL SERVICES CONTRACT FOR 2008 EARLY DETECTION/RAPID RESPONSE(EDRR)
FOR BLACK HENBANE AND OTHER SPECIES IN NORTHERN WELD COUNTY GRANT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
i►�' E `s WELD COUNTY, COLORADO
ATTEST: idnaii,/'� ''�j`
!861 f W' ' m H. erke, Chair
Weld County Clerk to �j r I t
t ,'„ Robert D M s i _n, Pro-Tern
BY: / �%///.S ��i.r...s'.� / `h 2/7
Deputy Cler. o the Board lf(�/ I
William F. Garcia
ED AS TO • EXCUSED
David E. Long
Qo rf ttorney
D ouglas edema
Date of signature: _O
2008-1949
EG0058
STATE OF COLORADO
DEPARTMENT OF AGRICULTURE F� cow
700 Kipling Street, Suite 4000
Lakewood, Colorado 80215-8000
Administrative Services/Purchasing *1876
(303) 239-4130
(303) 239-4160 FAX
Weld County Bill Ritter
P.O.Box 758
Greeley,CO.80632 Governor
John Stulp
Commissioner
Sheldon RJones
Attn: Tina Booton Deputy
Commissioner
Ms. Booton;
I am sending you 2 copies of a contract concerning noxious weed control. Please review the contract and if acceptable have both
copies signed by the appropriate signatory. Particularly note items 10 and I I of the Special Provisions. Return both copies of the
contract to me and I will route for approvals. Once the approvals have been granted I will mail you a copy of the approved
contract.
If you have any questions or concerns you may contact me at 303-239-4130 or rob.archer@ag.state.co.us .Thank you!
Si cer ly, n, f�J Robert Archer �
Purchasing Agent
a
MEMORANDUM
' TO: Clerk to the Board DATE: July 8, 2008
C.
COLORADO FROM: Tina Booton, Public Worleil j Bat-
SUBJECT: Agenda Item
Weld County was awarded a grant from the Colorado Department of Agriculture. This grant
offers cost-share money to landowners in Weld County to eradicate black henbane,
houndstongue, perennial pepperweed, and plumeless thistle. At this time black henbane and
plumeless thistle do not exist in Weld County.
The program is set-up on an 80:20 for re-imbursement at a maximum of $500 to each
landowner. This grant is intended for the area north of Weld County Road 74, and from
Weld County's western border,CR 13 east to CR 89. Priority will be given to lands closest to
the Pawnee Grassland.
The total grant is$3,000. Please accept the terms of the grant program by signing the enclosed
paperwork.
J
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I.-)
_
2008-1949
u ' s
State of Colorado— Department of Agriculture
Contract Routing Number(CLIN #): 09BAA00026
STATE OF COLORADO PERSONAL SERVICES CONTRACT
THIS CONTRACT, dated this 16th day of June, 2008, by and between the State of Colorado, for the use and
benefit of the Department of Agriculture, located at 700 Kipling St, Suite 4000, Lakewood, Colorado, 80215-8000
(the"State"), and Weld County, a(n)political subdivision, located at P.O. Box 758, Greeley, Colorado, 80632-0758,
("Contractor").
FACTUAL RECITALS
A. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for encumbering and subsequent payment of this
contract through the Colorado Financial Reporting Systems (COFRS).
B. Required approval, clearance and coordination have been accomplished from and with appropriate agencies.
C. Contractor's bid was selected in accordance with Colorado law and State Procurement Rules pursuant to the
State's issuance of a(n) Competition Not required— exempt procurement.
D. Authority for the agency entering into this contract arises from Colorado Revised Statutes (CRS) 35-5.5-
108.5(2)011).
E. The State requires cooperation in the eradication of noxious weeds. Contractor is ready, willing and able to
provide such services and goods, if applicable.
NOW THEREFORE, in consideration of and subject to the terms, conditions, provisions and limitations contained in
this contract, the State and Contractor agree as follows:
AGREEMENT
1. Definitions
The following terms as used in this contract shall be construed and interpreted as follows, unless the context
otherwise expressly requires a different construction and interpretation:
1.1. "Compensation" means the funds payable to Contractor by the State which are related to the Goods and
Services set forth in the Statement of Work set forth in Exhibit A, attached hereto and incorporated herein.
1.2. "Contract" means this contract for Goods and Services, its terms and conditions, attached exhibits,
documents incorporated by reference under the terms of this contract, and any future modifying agreements,
exhibits, attachments or references that are incorporated pursuant to State Fiscal Rules and Policies.
1.3. "Exhibit" means a statement of work document, schedule, budget, or other identified exhibit which has been
incorporated into and attached to this contract.
1.4. "Goods" means anything that is produced or manufactured and that is obtained by the State, either in and of
itself, or in conjunction with services.
1.5. "Services" means services performed or tangible material produced or delivered in the performance of
services.
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cpOD8- /9519
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BASIC CONTRACT TERMS
2. Statement of Work
2.1 Contractor shall perform the Services and provide the Goods (if applicable) described in Exhibit A,
Statement of Work.
3. Performance Standard
Contractor shall perform the Services and deliver the goods, if applicable, described in Exhibit A, Statement of
Work, in accordance with the highest standard of care, skill and diligence provided by a professional person or
company in performance of work similar to the Services, and all services, and all consumables, products, and
materials used in performance of the Services shall be of good quality and free from faults and defects. Contractor
warrants that (a) services or goods provided under this contract shall meet the description in Exhibit A, Statement
of Work, (b) there are no pending or threatened suits, claims, or actions of any type with respect to the services or
goods provided and (c) the services and goods shall be free and clear of any liens, encumbrances, or claims
arising by or through Contractor or any party related to Contractor.
4. Performance Term
4.1. This contract shall be effective upon approval by the Colorado State Controller, or designee, or on July 1,
2008, whichever is later (the "Effective Date") and extend through December 15, 2008. Performance of this
contract shall commence as soon as practicable after the Effective Date and shall be undertaken and
performed in the sequence and manner set forth in Exhibit A, Statement of Work.
4.2.In the event the State desires to continue the Services and a replacement contract has not been fully approved
by the termination date of this contract, the State, upon written notice to Contractor, may unilaterally extend this
contract for a period of up to three (3) months. The contract shall be extended under the same terms and
conditions as the original contract, including, but not limited to prices, rates and service delivery requirements.
This extension shall terminate at the end of the three (3) month period or when the replacement contract is
signed by the Colorado State Controller or an authorized delegate.
5. Compensation
5.1. Payment of compensation pursuant to this contract will be made as earned, in whole or in part, from available
State funds encumbered in a maximum amount not to exceed $3,000 for the performance of the Services
and acquisition of Goods required by this contract and Exhibit A, Statement of Work. Satisfactory
performance under the terms of this contract shall be a condition precedent to the State's obligation to
compensate Contractor.
5.2. The maximum compensation payable under this contract, and under any renewal hereof, shall include all
Contractor fees, costs and expenses.
5.3. The State shall not be liable to Contractor for payment of work or services or for costs or expenses incurred
by Contractor prior to the"Effective Date".
6. Availability of Funds
This contract is contingent upon the continuing availability of State appropriations as provided in Section 2 of the
Colorado Special Provisions, incorporated as a part of this contract. The State is prohibited by law from making
fiscal commitments beyond the term of its current fiscal period. If Federal appropriations or grants fund this
contract in whole or in part, the contract is subject to and contingent upon the continuing availability of appropriated
Federal funds for this contract. If State of Colorado or Federal funds are not appropriated, or otherwise become
unavailable to fund this contract, the State may immediately terminate the contract in whole or in part without
further liability.
PROCEDURES FOR AND OBLIGATIONS OF CONTRACT PERFORMANCE
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7. Billing/Payment Procedure
7.1. The State shall establish billing procedures and pay Contractor the contract price or rate for Services
performed, reviewed, and accepted or Goods delivered, inspected, and accepted pursuant to all the terms
and conditions of this contract, including without limitation, performance, quality, milestones and completion
requirements for payment set forth in Exhibit A, Statement of Work, and the State's inspection and
acceptance rights in Section 8. Contractor shall submit Exhibit B for payment and provide requested
documentation in a manner prescribed or approved by the State. Payments pursuant to this contract shall be
made as earned, in whole or in part, from available funds encumbered for the purchase of the described
Services and Goods. Incorrect payments by the State to Contractor due to omission, error, fraud, or
defalcation shall be recovered from Contractor by deduction from subsequent payments under this contract
or other contracts between the State and Contractor or collected as a debt due to the State.
7.2. Invoices and payments shall be mailed using the US Postal Service or other delivery service with a properly
addressed stamped envelope to the address specified by the Contractor on form W-9 or other similar form
and by the State in its billing procedures.
7.3. The State shall make payment in full with respect to each invoice within forty-five (45) days of receipt thereof;
provided that the amount invoiced represents Goods and/or Services which have been accepted by the State
and the form of the invoice is acceptable to the State. Uncontested amounts not paid by the State within
forty-five (45) days shall bear interest on the unpaid balance beginning with the forty-sixth (46th) day at a rate
of one percent (1%) per month until paid in full; provided, however, that no interest shall accrue with respect
to unpaid amounts for which the State has delivered to Contractor notice of a good faith dispute. Contractor
shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the
delinquent payment, the number of day's interest to be paid and the applicable interest rate.
8. Inspection and Acceptance
The State reserves the right to inspect Services and Goods provided under this contract at all reasonable times and
places during the term of this contract, including any extensions. If any of the Services or Goods does not conform
to contract requirements, the State may require Contractor to promptly perform the Services or provide Goods
again in conformity with contract requirements, at no additional cost to the State. When defects in the quality or
quantity of Services and Goods cannot be corrected by re-performance, the State may:
(a) require Contractor to take necessary action to ensure that future performance conforms to this contract
requirements; and
(b) equitably reduce the payment due to Contractor to reflect the reduced value of the Services performed
or Goods provided.
These remedies shall in no way limit the remedies available to the State in other provisions of this contract or
remedies otherwise available in equity or at law, all of which may be exercised by the State, at its option, in lieu of
or in conjunction with the preceding measures. Furthermore, the reduction, delay or denial of payment under this
provision shall not constitute a breach of contract or default by the State.
9. Reporting
Unless otherwise provided in this contract or the exhibits hereto, Contractor shall submit, on a quarterly basis and
upon termination or completion of work, a written progress report analyzing the performance under this contract
and specifying progress made for each activity identified in Contractor's duties and obligations. Such written
analysis shall be in accordance with the procedures developed and prescribed by the State. The preparation of
reports in a timely manner shall be the responsibility of Contractor and failure to comply may result in the delay of
payment of funds and/or termination of this contract. Required reports shall be submitted to the State not later than
the end of each calendar quarter, or at such time as otherwise specified. Notwithstanding anything herein to the
contrary, including without limitation the priority provisions set forth in Section 35, specific reporting requirements
set forth in Exhibit A, Statement of Work, or in other exhibits to this contract, shall take precedence over this
general reporting provision.
10. Rights in Data, Documents, and Computer Software
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10.1 Any software, research, reports, studies, data, photographs, negatives or other documents, drawings,
models, materials, or work product of any type, including drafts, prepared by Contractor in the performance of
its obligations under this contract (the "Work Product"), shall be the exclusive property of the State and all
Work Product shall be delivered to the State by Contractor upon completion, termination, or cancellation of
this contract. The rights of the State with respect to such Work Product shall include, but not be limited to,
the right to copy, publish, display, transfer, prepare derivative works, or otherwise use such Work.
10.2 Contractor shall not use, willingly allow, cause or permit such property to be used for any purpose other than
the performance of Contractor's obligations under this contract, without the prior written consent of the State.
The rights of the State with respect to such property shall include, but not be limited to, the right to copy,
publish, display, transfer, prepare derivative works, or otherwise use such property.
11. Maintenance, Inspection and Monitoring of Records
11.1 Contractor shall maintain a complete file of all records, documents, communications, notes and other written
materials or electronic media, files or communications, which pertain in any manner to the operation of
programs or the delivery of Services or Goods under this contract, and shall maintain such records for a
period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is
later, or for such further period as may be necessary to resolve any matters which may be pending, or until
an audit has been completed; provided, that if an audit by or on behalf of the Federal and/or Colorado State
government has begun but is not completed or audit findings have not been resolved after a three (3) year
period, such materials shall be retained until the resolution of the audit findings.
11.2 Contractor shall permit the State, the Federal Government or any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records during
the term of this contract and for a period of three (3) years following termination of this contract or final
payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate
Contractor's performance hereunder.
11.3 Contractor also shall permit these same described entities to monitor all activities conducted by Contractor
pursuant to the terms of this contract. As the monitoring agency, in its sole discretion, may deem necessary
or appropriate, such monitoring may consist of internal evaluation procedures, examination of program data,
special analyses, on-site checking, formal audit examinations, or any other reasonable procedure. All such
monitoring shall be performed in a manner that will not unduly interfere with contract performance.
12. Confidentiality of State Records and Information
12.1 Contractor acknowledges that it may come into contact with confidential information in connection with this
contract or in connection with the performance of its obligations under this contract, including but not limited,
to personal records and information of individuals. It shall be the responsibility of Contractor to keep all State
records and information confidential at all times and to comply with all Colorado State and Federal laws and
regulations concerning the confidentiality of information to the same extent applicable to the State. Any
request or demand for information in the possession of Contractor made by a third party who is not an
authorized party to this contract shall be immediately forwarded to the State's principal representative for
resolution.
12.2 Contractor shall notify all of its agents, employees, subcontractors and assigns who will come into contact
with State information that they are subject to the confidentiality requirements set forth herein, and shall
provide each with a written explanation of the requirements before they are permitted to access information
or data. Contractor shall provide and maintain a secure environment that ensures confidentiality of all State
records and information wherever located. No State information of any kind shall be distributed or sold to any
third party or used by Contractor or its agents in any way, except as authorized by the contract and as
approved by the State. State information shall not be retained in any files or otherwise by Contractor or its
agents, except as set forth in this contract and approved by the State. Disclosure of State records or
information may be cause for legal action against Contractor or its agents. Defense of any such action shall
be the sole responsibility of Contractor.
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13. Litigation Reporting
Contractor, within ten (10) days after being served with a summons, complaint, or other pleading in a case which
involves Services or Goods provided or Contractor's performance under this contract, which has been filed in any
Federal or state court or administrative agency, shall deliver copies of such document to the State's principal
representative, or in absence of such designation, to the chief executive officer of the department, agency, or
institution executing this contract on behalf of the State.
14. Conflict of Interest.
14.1 During the term of this contract, Contractor shall not engage in any business or personal activities or
practices or maintain any relationships which conflict in any way with the full performance of Contractor's
obligations under this contract.
14.2 Additionally, Contractor acknowledges that in governmental contracting, even the appearance of a conflict of
interest is harmful to the interests of the State. Thus, Contractor shall refrain from any practices, activities or
relationships that could reasonably be considered to be in conflict with the full performance of Contractor's
obligations to the State in accordance with the terms and conditions of this contract, without the prior written
approval of the State.
14.3. In the event that Contractor is uncertain whether the appearance of a conflict of interest may reasonably
exist, Contractor shall submit to the State a full disclosure statement setting forth the relevant details for the
State's consideration and direction. Failure to promptly submit a disclosure statement or to follow the State's
direction in regard to the apparent conflict shall be grounds for termination of the contract.
14.4. Contractor and subcontractors, permitted under the terms of this contract, shall maintain a written code of
standards governing the performance of their respective employees engaged in the award and administration
of contracts. No employee, officer or agent of Contractor or any permitted subcontractor shall participate in
the selection, or in the award or administration of a contract or subcontract supported by Federal funds if a
conflict of interest, real or apparent, would be involved. Such a conflict would arise when:
(a) an employee, officer or agent;
(b) any member of the employee's immediate family;
(c) an employee's partner; or
(d) an organization, which employs, or is about to employ, any of the above,
has a financial or other interest in the firm selected for award. Contractor's or subcontractor's officers,
employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from
Contractor, potential contractors, or parties to sub-agreements.
REPRESENTATIONS AND WARRANTIES
15. Warranties. During the term of this contract and for a period of 0 months following the State's final acceptance
under this contract, Contractor warrants as follows:
15.1 All Goods furnished under this contract shall be new and in good working order, free from defects in materials
or workmanship, installed properly and in accordance with manufacturers' recommendations or other industry
standards and will function in a failure-free manner. Contractor shall repair or replace, at its option, any
Goods that fail to satisfy this warranty.
15.2 Contractor shall assign and deliver to the State all written manufacturer's warranties relating to the Goods.
15.3 All Services under this Contract shall be performed in accordance with the specifications set forth in this
contract and Exhibit A and in a manner acceptable to the State. Contractor shall re-perform any Services
that fail to satisfy this warranty.
15.4 All deliverables delivered under this contract by Contractor shall meet the specifications set forth in this
contract and Exhibit A. Contractor shall correct or replace any deliverables which fail to satisfy this warranty.
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The foregoing warranties and such other warranties as may be set forth in Exhibit A, Statement of Work, are a part
of the minimum work requirements of this contract, and as such will be at no additional cost to the State.
16. Licenses, Permits,and Responsibilities
Contractor certifies that, at the time of entering into this contract, it has currently in effect all necessary licenses,
certifications, approvals, insurance, permits, and other authorizations required to properly perform the Services
and/or deliver the Goods covered by this contract. Contractor warrants that it shall maintain all necessary licenses,
certifications, approvals, insurance, permits, and other authorizations required to properly perform this contract,
without reimbursement by the State or other adjustment in contract price. Additionally, all employees of Contractor
performing services under this contract shall hold the required licenses or certifications, if any, to perform their
responsibilities. Contractor, if a foreign corporation or other entity transacting business in the State of Colorado,
further certifies that it currently has obtained and shall maintain any applicable certificates of authority to do
business in the State of Colorado and has designated a registered agent in Colorado to accept service of process.
Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such
similar requirements necessary for Contractor to properly perform this contract, shall be deemed to be a default by
Contractor and grounds for termination of this contract by the State.
17. Tax Exempt Status
Contractor acknowledges that the State of Colorado is not liable for any sales, use, excise, property or other taxes
imposed by any Federal, State or local government tax authority. The State also is not liable for any Contractor
franchise or income related tax. No taxes of any kind shall be charged to the State.
18. Legal Authority
Contractor warrants that it possesses the legal authority to enter into this contract and that it has taken all actions
required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its
undersigned signatory to execute this contract and to bind Contractor to its terms. Contractor agrees it shall submit
voluntarily to the personal jurisdiction of the Federal and State courts in the State of Colorado and venue in the City
and County of Denver, Colorado. The person(s) executing this contract on behalf of Contractor warrant(s) that
such person(s) have full authorization to execute this contract.
19. Compliance with Applicable Law
19.1 Contractor shall at all times during the execution of this contract strictly adhere to, and comply with, all
applicable Federal and Colorado State laws, and their implementing regulations, as they currently exist and
may hereafter be amended, which laws and regulations are incorporated herein by this reference as terms
and conditions of this contract. Contractor also shall require compliance with such laws and regulations by
subcontractors under subcontracts permitted under this contract.
19.2 "Federal laws and regulations incorporated into this contract include, without limitation:
(a) Age Discrimination Act of 1975 42 U.S.C. Sections 6101, et seq.
(b) Age Discrimination in Employment Act of 1967 29 U.S.C. 621-634
(c) Americans with Disabilities Act of 1990 (ADA) 42 U.S.C. 12101, et seq.
(d) Equal Pay Act of 1963 29 U.S.C. 206(d)
(e) Immigration Reform and Control Act of 1986 8 U.S.C. 1324b
(f) Section 504 of the Rehabilitation Act of 1973 29 U.S.C. 794
(g) Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d
(h) Title VII of the Civil Rights Act of 1964 42 U.S.C. 2000e
(i) Title IX of the Education Amendment of 1972 20 U.S.C. 1681, et seq.
(j) Section 24-34-302, et seq., Colorado Revised Statutes 1997, as amended
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19.3 Contractor also shall comply with any and all laws and regulations prohibiting discrimination in the
performance of Contractor's obligations under this contract. In consideration of and for the purpose of
obtaining any and all Federal and/or Colorado State financial assistance, Contractor makes the following
assurances, upon which the State relies:
(a) Contractor shall not discriminate against any person on the basis of race, color, national origin, age, sex,
religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions,
in performance of work under this contract.
(b) At all times during the performance of this contract, no qualified individual with a disability shall, by reason of
such disability, be excluded from participation in, or denied benefits of the service, programs, or activities
performed by Contractor, or be subjected to any discrimination by Contractor.
19.4 Contractor shall take all necessary affirmative steps, as required by 45 CFR 92.36(e), Colorado Executive
Order, and Procurement Rules to assure that small and minority businesses and women's business
enterprises are used, when possible, as sources of supplies, equipment, construction, and services
purchased under this contract."
REMEDIES
20. Remedies
In addition to any other remedies provided for in this contract, and without limiting the remedies otherwise available
at law or in equity, the State may exercise the following remedial actions if Contractor substantially fails to satisfy or
perform the duties and obligations in this contract. "Substantial failure" to satisfy duties and obligations shall be
defined to mean material, insufficient, incorrect or improper performance, activities, or inaction by Contractor.
These remedial actions are as follows:
(a) Suspend Contractor's performance pending necessary corrective action as specified by the State,
without Contractor's entitlement to adjustment in price/cost or schedule. Furthermore, at the State's
option, a directive to suspend may include suspension of this entire contract or any particular part of
this contract that the State determines in good faith would not be beneficial or in the State's best
interests due to Contractor's substantial non-performance. Accordingly, the State shall not be liable to
Contractor for costs incurred after the State has duly notified Contractor of the suspension of
performance under this provision, and Contractor shall promptly cease performance and incurring
costs in accordance with the State's directive;
(b) Withhold payment to Contractor until the necessary Services or Goods or corrections in performance,
development or manufacture are satisfactorily completed;
(c) Request the removal from work on this contract of employees or agents of Contractor identified by the
State, in its reasonable judgment, as being incompetent, careless, insubordinate, unsuitable, or
otherwise unacceptable, or whose continued employment on this contract the State deems to be
contrary to the public interest or not in the best interests of the State;
(d) Deny payment for those Services or obligations which have not been performed and/or Goods which
have not been provided and which, due to circumstances caused by Contractor, cannot be performed,
or if performed would be of no value to the State. Denial of the amount of payment must be reasonably
related to the value of work or performance lost to the State; and/or
(e) Terminate this contract for default.
The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them individually
or simultaneously.
21. Termination for Convenience
21.1 When the interests of the State so require, the State may terminate this contract in whole or in part, for the
convenience of the State. The State shall give written notice of termination to Contractor specifying the
termination of all or a portion of this contract and the effective date of such. Exercise by the State of this
termination for convenience provision shall not be deemed a breach of contract by the State. Upon receipt of
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written notice, Contractor shall incur no further obligations in connection with the terminated work and, on the
date set in the notice of termination, Contractor shall stop work to the extent specified. Contractor also shall
terminate outstanding orders and subcontracts as they relate to the terminated work. All finished or
unfinished documents, data, studies, research, surveys, drawings, maps, models, photographs, and reports
or other materials prepared by Contractor under this contract shall, at the option of the State, be delivered by
Contractor to the State and shall become the State's property. The State may direct Contractor to assign
Contractor's right, title, and interest under terminated orders or subcontracts to the State. Contractor shall
complete and deliver to the State the work not terminated by the notice of termination and may incur
obligations as are necessary to do so within the contract terms.
21.2 If this contract is terminated by the State as provided herein, Contractor shall be paid an amount which bears
the same ratio to the total compensation as the Services satisfactorily performed or the Goods or deliverables
satisfactorily delivered or installed bear to the total Services, Goods or deliverables covered by this contract,
less payments of compensation previously made. In addition, for contracts that are less than 60%
completed, the State may reimburse the contractor for a portion of actual out-of-pocket expenses (not
otherwise reimbursed under this contract) incurred by Contractor during the contract period which are directly
attributable to the uncompleted portion of Contractor's obligations covered by this contract. In no event shall
reimbursement under this clause exceed the contract amount. If this contract is terminated for cause, or due
to the fault of the Contractor, the Termination for Cause or Default provision shall apply.
22. Termination for Default/Cause
If Contractor refuses or fails to perform any of the provisions of this contract with such diligence as will ensure its
completion within the time and pursuant to the requirements and terms specified in this contract, the State may
notify Contractor in writing of such non-performance. If Contractor fails to promptly correct such delay or non-
performance within the time specified, the State, may at its option, terminate this entire contract or such part of this
contract as to which there has been delay or a failure to properly perform. If terminated for cause, the State shall
only reimburse Contractor for accepted work or deliverables received up to the date of termination and final
payments may be withheld. In the event of termination, all finished or unfinished documents, data, studies,
research surveys, reports, other materials prepared by Contractor, or materials owned by the State in the
possession of Contractor, at the option of the State, shall be returned immediately to the State or retained by the
State as its property. At the State's option, Contractor shall continue performance of this contract to the extent not
terminated, if any, and shall be liable for excess costs incurred by the State in procuring from third parties
replacement services or substitute goods as cover. Notwithstanding any remedial action by the State, Contractor
also shall remain liable to the State for any damages sustained by the State by virtue of any breach by Contractor
and the State may withhold any payment to Contractor for the purpose of mitigating the State's damages, until such
time as the exact amount of damages due to the State from Contractor is determined. Upon termination by the
State, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the
possession of Contractor in which the State has an interest. Further, the State may withhold amounts due to
Contractor as the State deems necessary to protect the State against loss because of outstanding liens or claims of
former lien holders and to reimburse the State for the excess costs incurred in procuring similar goods or services.
Any action taken by the State hereunder or pursuant to paragraph 15 shall not be cause for Contractor to terminate
this Contract for default or material breach. If, after termination by the State, it is determined for any reason that
Contractor was not in default or that Contractor's action/inaction was excusable, such termination shall be treated
as a termination for convenience and the rights and obligations of the parties shall be the same as if this contract
had been terminated for convenience, as described herein.
23. Insurance
23.1 The Contractor shall obtain, and maintain at all times during the term of this agreement, insurance in the
following kinds and amounts:
a. Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the contractor's employees acting within the course and scope of their employment.
b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
Page 8 of 14
•
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
Hi. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
If aggregate limit is reduced below$1,000,000 because of claims made or paid, the contractor shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate
or other document satisfactory to the State showing compliance with this provision.
c. Automobile Liability Insurance covering any auto(including owned, hired and non-owned autos) with a
minimum limit as follows: $1,000,000 each accident combined single limit.
23.2 The State of Colorado shall be named as additional insured on the Commercial General Liability and
Automobile Liability Insurance policies (leases and construction contracts will require the additional insured
coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage
required of the contract will be primary over any insurance or self-insurance program carried by the State of
Colorado.
23.3 The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior
notice to the State by certified mail.
23.4 The contractor will require all insurance policies in any way related to the contract and secured and
maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under
subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers,
agents, employees and volunteers.
23.5 All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies
satisfactory to the State.
23.6 The contractor shall provide certificates showing insurance coverage required by this contract to the State
within 7 business days of the effective date of the contract, but in no event later than the commencement of
the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of
any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals
thereof. At any time during the term of this contract, the State may request in writing, and the contractor shall
thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the
provisions of this section.
23.7 Notwithstanding subsection a of this section, if the Contractor is a "public entity" within the meaning of the
Colorado Governmental Immunity Act, CRS 24-10-101, et seq., as amended ("Act"), the contractor shall at all
times during the term of this contract maintain only such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the contractor shall
show proof of such insurance satisfactory to the State.
24. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or
other provisions of the Governmental Immunity Act. The parties understand and agree that liability for claims for
injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions,
agencies, boards, officials and employees is controlled and limited by the provisions of sections 24-10-101, et. seq.,
C.R.S., as now or hereafter amended and the risk management statutes, sections 24-30-1501, et seq., C.R.S., as
now or hereafter amended.
25. Force Majeure
Neither Contractor nor the State shall be liable to the other for any delay in, or failure of performance of, any
covenant or promise contained in this contract, nor shall any delay or failure constitute default or give rise to any
liability for damages if, and only to the extent that, such delay or failure is caused by "force majeure." As used in
Page 9 of 14
•
this contract "force majeure" means acts of God; acts of the public enemy; public health/safety emergency acts of
the State or any governmental entity in its sovereign capacity; fires; floods, epidemics; quarantine restrictions;
strikes or other labor disputes; freight embargoes; or unusually severe weather.
MISCELLANEOUS PROVISIONS
26. Representatives
Each individual identified below is the principal representative of the designating party. All notices required to be
given to a party pursuant to this contract shall be hand delivered with receipt required or sent by certified or
registered mail to such party's principal representative at the address for such party set forth below. Either party
may from time to time designate by written notice substitute addresses or persons to whom such notices shall be
sent.
For the State: Jon Reitan
Colorado Department of Agriculture
700 Kipling St, Suite 4000
Lakewood, CO. 80215-8000
303-239-4128
For Contractor: Tina Booton
Weld County
P.O. Box 758
Greeley, CO. 80632-0758
27. Assignment and Successors
Contractor's rights and obligations under this contract shall be deemed to be personal and may not be transferred,
assigned or subcontracted without the prior, written consent of the State, which shall not be unreasonably withheld.
Any attempt at assignment, transfer or subcontracting without such consent shall be void, except that Contractor may
assign the right to receive payments from the State pursuant to section 4-9-318, C.R.S. All subcontracts and
subcontractors consented to by the State shall be made subject to the requirements, terms and conditions of this
contract. Contractor alone shall be responsible for all subcontracting arrangements, directions and delivery of
subcontracted work or Goods, and performance of any subcontracted Services. Contractor shall require and ensure
that each subcontractor shall assent in writing to all the terms and conditions of this contract, including an obligation of
the subcontractor to indemnify the State as is required under Section 3 of the Colorado Special Provisions,
incorporated as a part of this contract.
28. Third Party Beneficiaries
The enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement
shall be strictly reserved to the State and Contractor. Nothing contained in this contract shall give or allow any
claim or right of action whatsoever by any third person. It is the express intention of the State and Contractor that
any such person or entity, other than the State or Contractor, receiving services or benefits under this contract shall
be deemed an incidental beneficiary only.
29. Severability
To the extent this contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are severable. Should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof.
30. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or
requirement.
Page 10 of 14
31. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless
embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the Colorado State Fiscal
Rules.
32 Survival of Certain Contract Terms
Notwithstanding anything herein to the contrary, all terms and conditions of this contract, including but not limited to
its exhibits and attachments, which may require continued performance, compliance, or effect beyond the
termination date of the contract, shall survive such termination date and shall be enforceable by the State in the
event of the Contractor's failure to perform or comply as required.
33. Modification and Amendment
32.1 This contract is subject to such modifications as may be required by changes in Federal or Colorado State
law, or their implementing regulations. Any such required modification automatically shall be incorporated
into and be part of this contract on the effective date of such change, as if fully set forth herein.
32.2 Except as specifically provided in this contract, no modification of this contract shall be effective unless
agreed to in writing by both parties in an Amendment to this contract, properly executed and approved in
accordance with Colorado State law and State Fiscal Rules.
34. Venue
Venue for any action related to performance of this contract shall be in the City and County of Denver, Colorado.
35. Order of Precedence
The provisions of this contract shall govern the relationship of the State and Contractor. In the event of conflicts or
inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be
resolved by reference to the documents in the following order of priority:
(a) Colorado Special Provisions, pages 12 to 13.
(b) Remaining pages of the contract, pages 1 to 11.
(c) Exhibit A, Statement of Work
Page 11 of 14
SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS§24-30-202 (1). This contract shall not be deemed valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents,
against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and
related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or
assignees pursuant to the terms of this contract.
[Applicable Only to Intergovernmental Contracts]No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions,
of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
2671 et seq., as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR.4 CCR 801-2. Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall
be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required
employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this
contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance
benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise
provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any
agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in
force workers' compensation (and provide proof of such insurance when requested by the state) and
unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts
and those of its employees and agents.
5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and
federal laws respecting discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether
or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which
is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in whole
or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or
otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder
of this contract, to the extent that this contract is capable of execution. At all times during the performance of this
contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have
been or may hereafter be established.
7. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to Intergovernmental
Agreements]The State Controller may withhold payment of certain debts owed to State agencies under the
State's vendor offset intercept system for: (a) unpaid child support debts or child support arrearages; (b) unpaid
balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et. seq.; (c) unpaid loans due to
the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the
Unemployment Compensation Fund; and (e)other unpaid debts certified by the State Controller as owing to the
State as a result of final agency determination or judicial action.
Page 12 of 14
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds
payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in
violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of
this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Contractor is in violation of this paragraph, the State may
exercise any remedy available at law or equity or under this contract, including, without limitation, immediate
termination of this contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS§24-18-201 and §24-50-507. The signatories aver that to their
knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property
described in this contract.
10. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the
offer, issuance, or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this contract and will confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this contract, through participation in the E-
Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this contract. Contractor(a) shall not use E-Verify Program or Department
program procedures to undertake pre-employment screening of job applicants while this contract is being
performed, (b)shall notify the subcontractor and the contracting State agency within three days if Contractor has
actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract,
(c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment.
If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency,
institution of higher education or political subdivision a written, notarized affirmation, affirming that Contractor has
examined the legal work status of such employee, and comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the
contracting State agency, institution of higher education or political subdivision may terminate this contract for
breach and, if so terminated, Contractor shall be liable for damages.
11. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person
eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she(a) is a
citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
provisions of CRS§24-76.5-101 et seq., and (c) has produced one form of identification required by CRS§24-76.5-
103 prior to the effective date of this contract.
Revised May 13,2008
Page 13 of 14
. r
Contract Routing Number
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
tfSPI!9.Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect and accept personal responsibility for any and all
damages the State may incur for any errors in such representation.*
CONTRACTOR STATE OF COLORADO
Weld County
Bill Ritter, Jr. GOVERNOR
3y: William H. Jerke Agriculture
title: Chair, Board of Weld County Commissioners John , Com issioner
*Signature By:l im Mi er, ire or of Policy and Initiative
)ate: 07/14/2008 Date:"/ ( I I • of
2nd Contractor Signature if Needed
3y: Donald D. WArden LEGAL REVIEW
title: Clerk to the Board $ IELa John W. Suthers, Attorney General
124 Signature - Assistant Attorney General
* gnat e f,k , ktk., P
\,"
BY: 49&n t,t f'
)ate: 07/14/K008 ✓ Date:
Deputy Clerk to the Board
ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER
J! .CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and dated
below by the State Controller or delegate.Contractor is not authorized to begin performance until such time.If Contractor begins
performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or
services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
By* ).2
Jon Reitan, Chi Fiqancial Officer
Date: 'cc 7)
Page 14 of 14
,9CDdl- /915
•
Exhibit A
2008 Scope of Work
Cooperative Weed Management Date: May 28, 2008
Name of County I Organization: Weld County Weed Division
Project Name: EDRR for Black Henbane and Other Species in Northern Weld Count
Start Date: July 2008 Completion Date: December 15, 2008
Amount of Funding Allocated: $ 3000.00
What species of noxious weed(s) are targeted for prevention, detection/mapping
and/or management by this proposal?
Common Name # of acres to inventory # of acres to treat (infested)
Black Henbane 5000 ??
Houndstongue 5000 20
Perennial Pepperweed 5000 5
Plumeless thistle 5000 ??
Total acreage: 5000-20,000 25 - ??
Project Description:
It is thought that black henbane and plumeless thistle do not exist in the Northern
grasslands at this time. Both of these species are set for eradication in Weld County.
Now is the time to map and inventory to be sure that these species have not gotten a
foothold in the northwest part of Weld County. Black henbane currently exists in eastern
Larimer County, which is on our western border and therefore could have spread into
Weld County.
Houndstongue has the potential to spread east through the grassland in Weld County
and impact the National Grassland along the way. This is an eradication species for
Weld County. At this time the infestation sizes are small enough that eradication is still
possible. The infestation patches are spread out over a large expanse of land.
Page 1 of 3
Perennial pepperweed is just getting started in some of the wetter areas. The complete
extent is not yet known. This program would aid in its eradication and further
identification if it exists elsewhere.
Implementing an eradication program at this time is advantageous in ensuring that
these weed species do not continue to spread to other Forest Service land or other
landowners.
List project objectives:
1. Continue the Weed Cooperative already established between Weld County, USFS
Pawnee National Grasslands, Colorado State Land Board, and private landowners.
2. Map the infestations.
3. Treat the infestations with the most appropriate chemical available.
4. Follow up with each other for the next 3 years to verify eradication was achieved.
Identify matching resources to be put forth by the county, landowners, and other
partners in the project area:
Salary $ 4000.00
Equipment Use and In-kind $ 2000.00
vales
Herbicide $ 500.00
Other Dollars — education, $ 250.00
office
TOTAL $ 6750.00
** Salary and equipment expense is from my certified sprayer who will be treating the
infestations on the County roadside and gravel pits in the area. Their salary and other
expenses have not been included in any other grant applications. **
PROJECT TIMELINE: Utilize the space below to lay out a project timeline
including estimated dates for planning meetings, inventory efforts, treatments,
and any other activities that will help meet the project objectives outlined above.
Spring — Sept. 1: Inventory area and GPS map infestations with photo points.
May 11 — July 15: Chemically treat infestations. Depending on infestation site and
weed species the chemicals used will be: Milestone at 7 oz/acre,
Page 2 of 3
Tordon at 1 quart/acre, Plateau at 8 oz/acre or Telar XP at 1
oz/acre. A 2,4-D product maybe added to the mix if needed.
September: Re-evaluate the infestations: houndstongue and perennial
pepperweed sites that were treated and any sites of black henbane
and plumeless thistle that were identified and mapped.
October: Re-treat any sites that need follow-up work or any new sites
identified.
Page 3 of 3
• y'r
Exhibit B
INVOICE
TO: Crystal Andrews
Colorado Department of Agriculture
700 Kipling St, Suite 4000
Lakewood, CO 80215-8000
Please accept this invoice as a request for payment for work performed in 2008 pertaining to "EDRR
for Black Henbane and Other Species in Northern Weld County" project.
Invoice: 10-2008
Amount of Invoice: $ (not to exceed $3000)
Make check payable to: Weld County
Federal E.I.N.: 846000813 C
Send payment to:
Weld County
P.O. Box 758
Greeley, CO 80632
Thank you,
Tina Booton
FOR OFFICE USE ONLY:
Fund:
Agency Code: BAA
Approp Code:
Org Unit:
Object Code:
Page 1 of 1
2008 PROJECT PROPOSAL- Colorado
USFS State and Private Forestry Cooperative Weed Management
Name of County/Organization: Weld County Weed Division
Project Name: EDRR for Black Henbane and Other Species in Northern Weld County
Planned Start Date: April 15,2008 Planned Completion Date: October 15,2008
Amount of Funding Requested: $3000.00
What species of noxious weed(s) are targeted for prevention, detection/mapping and/or
management by this proposal?
Common Name #of acres to inventory #of acres to treat(infested)
Black Henbane 5000 ??
Houndstongue 5000 20
Perennial Pepperweed 5000 5
Plumeless thistle 5000 ??
Total acreage: 5000-20,000 25 - ??
Briefly identify the need for the project,i.e.,why is the work important? Please include under
which project area this project falls under.
It is thought that black henbane and plumeless thistle do not exist in the Northern grasslands at
this time. Both of these species are set for eradication in Weld County. Now is the time to map
and inventory to be sure that these species have not gotten a foothold in the northwest part of
Weld County. Black henbane currently exists in eastern Larimer County, which is on our western
border and therefore could have spread into Weld County.
Houndstongue has the potential to spread east through the grassland in Weld County and impact
the National Grassland along the way. This is an eradication species for Weld County. At this
time the infestation sizes are small enough that eradication is still possible. The infestation
patches are spread out over a large expanse of land.
Perennial pepperweed is just getting started in some of the wetter areas. The complete extent is
not yet known. This program would aid in its eradication and further identification if it exists
elsewhere.
Implementing an eradication program at this time is advantageous in ensuring that these weed
species do not continue to spread to other Forest Service land or other landowners.
List project objectives:
1. Continue the Weed Cooperative already established between Weld County, USFS Pawnee National
Grasslands, Colorado State Land Board, and private landowners.
2. Map the infestations.
3. Treat the infestations with the most appropriate chemical available.
4. Follow up with each other for the next 3 years to verify eradication was achieved.
Identify how the requested funds will be spent on the project(total should equal requested
amount):
Labor $ 0
Equipment $0
Herbicide $0
Education $0
Cost share w/landowners $ 3000
TOTAL $ 3000
Will landowners be contributing(in-kind/$) or performing management? Please describe.
Landowners will be contributing both labor and money to the project. They will have the option of
supplying the labor for treatment as well as 25%of the cost for the chemical, or supply 25% of the cost of
labor and chemical if hired out to a commercial applicator. The maximum amount reimbursed to a
landowner is $400 of a$525 and up bill under this program.
Identify matching resources to be put forth by the county,landowners, and other partners in the
project area:
Salary $ 4000.00
Equipment Use and In-kind vales $ 2000.00
Herbicide $ 500.00
Other Dollars—education, office $ 250.00
TOTAL $ 6750.00
** Salary and equipment expense is from my certified sprayer who will be treating the infestations on the
County roadside and gravel pits in the area. Their salary and other expenses have not been included in any
other grant applications. **
PROJECT TIMELINE: Utilize the space below to lay out a project timeline including estimated
dates for planning meetings,inventory efforts,treatments, and any other activities that will help
meet the project objectives outlined above.
April 17: Planning meeting with USFS, landowners, CO State Land Board, grazing and
Weld County to discuss project and set calendar for the summer.
April 19—Sept. 1: Inventory area and GPS map infestations with photo points.
May 11 —July 15: Chemically treat infestations. Depending on infestation site and weed species the
chemicals used will be: Milestone at 7 oz/acre,Tordon at 1 quart/acre,Plateau at
8 oz/acre or Telar XP at 1 oz/acre. A 2,4-D product maybe added to the mix if
needed.
September: Re-evaluate the infestations: houndstongue and perennial pepperweed sites that
were treated and any sites of black henbane and plumeless thistle that were
identified and mapped.
October: Re-treat any sites that need follow-up work or any new sites identified.
How will project be sustained in future years?
The USFS, Colorado State Land Board, and Weld County will continue to monitor the sites for the next
10 years. Each partner will contribute a set dollar of funds to provide money to offset the expense of
continued eradication as may be needed in future years. This money will be set aside for a 50%cost-share
program with a maximum dollar limit. Additionally, if other grants become available monies will be
applied for to help increase the available funds.
We certify that this project will benefit cooperative weed management efforts on State,local,
private and/or Federal lands and can be implemented in 2008:
/Tina Booton/ 2/13/08
County Weed Supervisor/Project Coordinator Date
/David Tomaschow/ 2/13/08
USFS Representative Date
Please fill out all contact information requested below:
Contact information for Project Coordinator/County Weed Supervisor above
Name: Tina Booton, Weed Division Supervisor
Mailing address: PO Box 758, Greeley, CO 80632
Email: tbooton@co.weld.co.us
Phone: 970-304-6496 ext. 3770
Contact information for USFS Representative above
Name: David Tomaschow, District Ranger USFS Pawnee National Grassland
Mailing address: 660 O Street, Greeley, CO 80631
Email: dwtomaschow@fs.fed.us
Phone: 970-346-5004
2008 Project Abstract
USFS State and Private Forestry Cooperative Weed Management
Project Name: EDRR for Black Henbane and Other Species in Northern Weld County
This grant proposal is asking for assistance in dealing with four eradication species; black
henbane, plumeless thistle, houndstongue and perennial pepperweed. These species are
infesting the range land in and around the USFS Pawnee National Grassland. With this
grant proposal we will be able to treat the infested acres by offering cost-share money to
landowners, as well as work toward our eradication date of 2009.
We are asking for $3,000. The money will be offered as a cost-share program at a 75%
rate up to $400 per landowner. The remaining 25% of the cost will be supplied by the
landowner.
Under this grant each partner will map the infestations on their lands, take photo points,
and treat the infestations. A special fund will be created by the partners to continue
working with landowners in succeeding years to be sure that eradication is achieved. This
grant will allow us the opportunity to work together and continue to build and strengthen
the cooperative weed management group that has been established in the battle against
the spread of noxious weeds.
The lands to be focused on start in Weld County's most northwest corner that is shared
with Wyoming and Larimer County and fans out and away toward USFS Pawnee
National Grassland. The western side of Weld County will be evaluated for the noxious
weed species: black henbane, plumeless thistle, houndstongue and perennial pepperweed
from CR 140 to CR 84 and from CR 13 to 49.
2008 Project Abstract
USFS State and Private Forestry Cooperative Weed Management
Project Name: EDRR for Black Henbane and Other Species in Northern Weld County
This grant proposal is asking for assistance in dealing with four eradication species; black
henbane, plumeless thistle, houndstongue and perennial pepperweed. These species are
infesting the range land in and around the USFS Pawnee National Grassland. With this
grant proposal we will be able to treat the infested acres by offering cost-share money to
landowners, as well as work toward our eradication date of 2009.
We are asking for $3,000. The money will be offered as a cost-share program at a 75%
rate up to $400 per landowner. The remaining 25% of the cost will be supplied by the
landowner.
Under this grant each partner will map the infestations on their lands, take photo points,
and treat the infestations. A special fund will be created by the partners to continue
working with landowners in succeeding years to be sure that eradication is achieved. This
grant will allow us the opportunity to work together and continue to build and strengthen
the cooperative weed management group that has been established in the battle against
the spread of noxious weeds.
The lands to be focused on start in Weld County's most northwest corner that is shared
with Wyoming and Larimer County and fans out and away toward USFS Pawnee
National Grassland. The western side of Weld County will be evaluated for the noxious
weed species: black henbane, plumeless thistle, houndstongue and perennial pepperweed
from CR 140 to CR 84 and from CR 13 to 49.
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