HomeMy WebLinkAbout20081874.tiff RESOLUTION
RE: APPROVE PERSONAL SERVICES CONTRACT FOR 2008 HIGH PLAINS INVASIVES
PROJECT 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
High Plains Invasives Project 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 June 18, 2008,
and ending May 31, 2009, 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 2008 High Plains Invasives Project 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of July, A.D., 2008, nunc pro tunc June 18, 2008.
BOARD OF COUNTY COMMISSIONERS
IL/ WELD COUNTY, COLORADO
s.
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ATTEST: 4-, ` ", 4z--7t 1 __ I Will' m H. Jerke, Chair
Weld County Clerk tot d ` / Ifte___
11 - // Robert P. Masden, Pro-Tem
BY: (. / )
eputy Cle o the Board (
Wil ' m F. Garcia
APP D AS RM:
David E. Long
ounty Attorney
a
Dougl Radem er
Date of signature: 7 �Q
2008-1874
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D 8 re
MEMORANDUM
VIID € TO: Clerk to the Board DATE: July 1, 2008�
•
COLORADO FROM: Tina Booton, Public Work� „ .
SUBJECT: Agenda Item
Weld County,in conjunction with Logan and Morgan County,was awarded a grant from the
Colorado Department of Agriculture. This grant offers cost-share money to landowners in the
three Counties to eradicate Diffuse knapweed.
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 East
to WCR 111. Priority will be given to lands closest to the Pawnee Grassland.
The total grant is $10,000. Please accept the terms of the grant program by signing the
enclosed paperwork.
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2008-1874
STATE OF COLORADO
DEPARTMENT OF AGRICULTURE o2 cow
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700 Kipling Street, Suite 4000 �`% ,
Lakewood, Colorado 80215-8000 * Pry **
Administrative Services/Purchasing *rare*
(303) 239-4130
(303) 239-4160 FAX
Weld County
P.O. Box 758 Bill Ritter
Greeley,CO.80634 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 11 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!
cerl ly, ( ,
Robert Archer
Purchasing Agent
State of Colorado—Department of Agriculture
Contract Routing Number(CLIN#): 09BAA00017
STATE OF COLORADO PERSONAL SERVICES CONTRACT
THIS CONTRACT, dated this 3rd 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 the Weld County, a(n) political subdivision, located at P.O. Box 758, Greeley, Colorado, 80632,
("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)(b)(II).
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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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 June 18,
2008, whichever is later (the "Effective Date") and extend through May 31, 2009. 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 $10,000 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
Page 2 of 14
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 invoices, attached as Exhibits B, C, D and E, for
payment and provide requested documentation in a manner prescribed or approved by the State. Invoices
may not be submitted more frequently than quarterly, and they may be submitted less frequently. 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.
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10. Rights in Data, Documents, and Computer Software
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
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termination for convenience provision shall not be deemed a breach of contract by the State. Upon receipt of
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.
Page 8 of 14
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:
i. $1,000,000 each occurrence;
H. $1,000,000 general aggregate;
iii. $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
Page 9 of 14
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
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. 80634
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
Page 10 of 14
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or
requirement.
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
•
Contract Routing Number
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* 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.
CONTRACTOR STATE OF COLORADO
Weld County
3y: William H. Jerke, Chair
rifle: Weld County Board of Commissioners Bill Ritter, Jr. GOVERNOR
Agriculture
7k in/ •t, S u • .t missioner
*Signature
Date: 07/07/2008 B : he r on R. Jones, Deputy Commissioner
Date: 2 ` 3a -(] D
2nd Contractor Signature if Nee, ,ti:,, . LEGAL REVIEW
3y: bonald D. Warden John W. Suthers, Attorney General
Title: Clerk to the Board
By:
Signature - Assistant Attorney General
* gnat re
By: (7 ' Alt it �� �� Date:
Date: 17/07/2008
Deputy Clerk to the Board
ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER
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
avid J. McDermott, CPA
By:
Jon Reitan, Chf Fi$i racial Officer
Date: )/31/pp
Page 14 of 14
ca/4-
Exhibit A
2008 Scope of Work
High Plains Invasive Weeds Project Date:
Lead Partner: Weld County Weed Division
Project Name: Cooperative Diffuse Knapweed Eradication in Logan, Morgan
and Weld Counties
Start Date: June 18, 2008 Completion Date: May 31, 2009
Amount of Funding Allocated: $ 10,000
Acres of land affected by this proiect: # of acres % of total acres
Private Land - 150.000 70%
USFS National Grassland -41,600 20%
State Land (list by agency)
Colorado State Land Board —21.760 10%
Total acres of land directly affected by this project: 213.360 100%
What species of noxious weed(s) will be managed?
Common Name # of infested acres # of infested acres to be managed
1. Diffuse knapweed 800-1500 900
2. Dalmatian toadflax 1- 5 All acres identified
Total acreage: 800-1500 901-905
Project Description:
The Cooperative Diffuse Knapweed Eradication in Logan, Morgan and Weld
Counties Project aims to link private landowners, non-profit organizations and
public agencies together with the common goal of eradicating diffuse knapweed
populations in northeastern Colorado. Based on the fact that diffuse knapweed is
still relatively rare in the identified region, swift action taken immediately will
prevent any further infestation by this noxious weed. Further, we believe that a
concentrated and strategic effort will lead to eradication of diffuse knapweed.
The history of diffuse knapweed in the region seemed to start in 1992, when
Logan County identified one landowner with diffuse knapweed. Its source and
means of movement were established as coming from Wyoming with a truck load
of steers. The diffuse knapweed is also blowing in from Nebraska impacting state
line landowners dramatically.
Page 1 of 3
When asked to select the management criteria for diffuse knapweed in 2005/06,
Logan, Morgan and Weld Counties indicated that diffuse knapweed could be
eradicated within the Counties except for along the South Platte River. At this
time the target eradication dates of 2006 and 2008 have been missed. A future
eradication date of 2013 is being proposed. This provides more time to work with
landowners and to make the necessary changes needed in each operation.
In 2007, a program was started between Logan and Weld Counties. Initial
landowner identification, mapping and treatments were accomplished. Several
landowner meetings were held in Weld County resulting in strong interest in
learning more about diffuse knapweed and finding ways to treat the infestations.
This has also led to additional partners in the cooperative weed management
area. At this time all populations of diffuse knapweed in Weld, Logan and Morgan
Counties appear to be of manageable size with the potential for eradication still
possible if the work is started now.
Funding from the High Plains Invasives Project will expand upon and continue
efforts already underway to eradicate diffuse knapweed and Dalmatian toadflax.
We are seeking to include additional partners, as well as providing a stronger
focus on the chemical treatment of the diffuse knapweed populations. We are
also working to address the way diffuse knapweed is being spread in
northeastern Colorado by hunters and bird watchers.
Project Objectives:
1. Continue to strengthen the partnership within the project area and bring in
new partners and more funding sources through these new partnerships.
2. Provide a Cost-share program for landowners to purchase herbicide on a 50-
50 match ratio not to exceed $500.
3. Establish an educational component that spreads the word about noxious
weeds and promotes the correct identification of the weeds.
4. Make contact with private landowners to encourage involvement and
compliance. Encourage neighbors to reach out to each other and tackle regional
weed concerns together. Work with landowners to treat the knapweed
infestations with Milestone and other management practices as appropriate.
5. Continue the scouting and mapping of infestations in areas that have not been
targeted to date.
6. Monitor all noxious weed infestations identified using before and after
photographs, paper maps, and using GPS locations that are taken at each
infestation site, and then downloaded on ARCGIS for computer mapping.
Page 2 of 3
7. Submit treatment areas maps, project completion summary report, and
invoice to the Colorado Department of Agriculture noxious weed program.
Funding Expenditures:
Description Hard-Cash In-Kind HPIP -
GRANT
Seasonal/Staff Salary 13,715
Mileage 3,907
Overhead (phone, GPS, computer, etc.) 2,330
Supervisor Time 8,385
Publications 500
Landowner match 14,000
Cost-share(50-50 basis) 20,000 10,000
Totals 34,000 28,837 10,000
Total Expenditures 72,837
Outline of tasks and timeline
April 3: Planning meeting with USFS, landowners, CO State Land
Board, Pheasants Forever, DOW, Logan, Morgan and Weld
County to discuss project and set calendar for the summer.
April 18: Educational meeting with landowners and staff from all
entities.
April 7 — Sept. 1: Inventory grant area and GPS map infestations along with
photo points.
April 7 — July 15: Chemically treat infestations. Depending on infestation site
and weed species the chemicals used will be: Milestone at 7
oz/acre, Tordon 22K at 1 quart/acre. The treatments will
occur at the rosette to bolting stage.
August 1-31: Re-evaluate treatment efficacy at the diffuse knapweed and
Dalmatian toadflax sites.
September 18: Field tours.
August 1 — October 31: Re-treat any sites that need follow-up work or any
new sites identified, as weather permits. These treatments
would occur at fall rosette stage.
Page 3 of 3
Exhibit B
Invoice Quarter 1
TO: Michael Rigirozzi
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 the
First quarter of the project in 2008 (June 1, 2008 to August 30, 2008) pertaining
to Weld Counties "Cooperative Diffuse Knapweed Eradication In Logan, Morgan,
and Weld Counties" project.
Invoice: GLCI-2008 W1
Amount of Invoice: $ (not to exceed $10,000.00)
Make check Payable to: Weld County Weed Division
Federal E.I.N.: 84-6000813
Send Payment to: Weld County Public Works, Weed Division
Attention: Tina Booton
P.O. Box 758
Greeley, CO 80634
Thank you,
Tina Booton
Weld County Weed Supervisor
For Office Use Only:
Fund: 100
Agency Code: BAA
Approp. Code: N65
Org Unit: 1865
Object Code:
1
Exhibit C
Invoice Quarter 2
TO: Michael Rigirozzi
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 the
Second quarter of the project in 2008 (September 1, 2008 to November 31,
2008) pertaining to Weld Counties "Cooperative Diffuse Knapweed Eradication In
Logan, Morgan, and Weld Counties" project.
Invoice: GLCI-2008 W2
Amount of Invoice: $ (not to exceed $10,000.00)
Make check Payable to: Weld County Weed Division
Federal E.I.N.: 84-6000813
Send Payment to: Weld County Public Works, Weed Division
Attention: Tina Booton
P.O. Box 758
Greeley, CO 80634
Thank you,
Tina Booton
Weld County Weed Supervisor
For Office Use Only:
Fund: 100
Agency Code: BAA
Approp. Code: N65
Org Unit: 1865
Object Code:
1
Exhibit D
Invoice Quarter 3
TO: Michael Rigirozzi
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 the
Third quarter of the project in 2008 (December 1, 2008 to February 28, 2009)
pertaining to Weld Counties "Cooperative Diffuse Knapweed Eradication In
Logan, Morgan, and Weld Counties" project.
Invoice: GLCI-2008 W3
Amount of Invoice: $ (not to exceed $10,000.00)
Make check Payable to: Weld County Weed Division
Federal E.I.N.: 84-6000813
Send Payment to: Weld County Public Works, Weed Division
Attention: Tina Booton
P.O. Box 758
Greeley, CO 80634
Thank you,
•
Tina Booton
Weld County Weed Supervisor
For Office Use Only:
Fund: 100
Agency Code: BAA
Approp. Code: N65
Org Unit: 1865
Object Code:
I
Exhibit E
Invoice Quarter 4
TO: Michael Rigirozzi
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 the
Fourth quarter of the project in 2008 (March 1, 2009 to May 31, 2009) pertaining
to Weld Counties "Cooperative Diffuse Knapweed Eradication In Logan, Morgan,
and Weld Counties" project.
Invoice: GLCI-2008 W4
Amount of Invoice: $ • (not to exceed $10,000.00)
Make check Payable to: Weld County Weed Division
Federal E.I.N.: 84-6000813
Send Payment to: Weld County Public Works, Weed Division
Attention: Tina Booton
P.O. Box 758
Greeley, CO 80634
Thank you,
Tina Booton
Weld County Weed Supervisor
For Office Use Only:
Fund: 100
Agency Code: BAA
Approp. Code: N65
Org Unit: 1865
Object Code:
1
2008 High Plains Invasives Project Application
Important: Before completing this application form, you must thoroughly read both the guidelines and
instructions documents. Confine responses to the space provided unless specifically instructed otherwise
by the high plains weed specialist.
Applicant Information
Lead Sponsor/Partner Contact: Tina Booton
Organization: Weld County Weed Division
Address: 1111 H Street, PO Box 758
City: Greeley State: CO Zip: 80632 email: tbooton(cilco.weld.co.us
Phone: (970 )304-6496 x. 3770(daytime) Fax: f 970 )304-6497
Project Overview
Project title: Cooperative Diffuse Knapweed Eradication In Logan, Morgan and Weld Counties
Start date: March 14, 2008 End date: October 31, 2008
Acres of land affected by this project: #of acres %of total acres
Private Land - 150.000 70%
USFS National Grassland -41.600 20%
State Land (list by agency)
Colorado State Land Board -21,760 10%
Other(specify)
Total acres of land directly affected by this project: 213.360 100%
What species of noxious weed(s)will be managed?
Common Name #of infested acres #of infested acres to be managed
1. Diffuse knapweed 800-1500 900
2. Dalmatian toadflax 1-5 All acres identified
3.
4.
5.
6.
Total acreage: 800-1500 901-905
Description of the Proposed Project
1. Identify the proposed project's management goal (prevention, detection/eradication, or containment)
as well as specific measurable and obtainable objectives.
Project management goal: Detection and eradication. The measurable and obtainable objectives include
establishing a larger, active cooperative weed management area(CWMA)for the purpose of detection,
inventory and eradication of noxious weeds. The CWMA will serve the following roles: 1. make contact
with private landowners to encourage involvement and compliance; 2. establish an educational
component that spreads the word about noxious weeds and promotes the correct identification of the
weeds; 3. encourages neighbors to reach out to each other and tackle regional weed concerns together;
4. continue the scouting and mapping of infestations in areas that have not been targeted to date; and 5.
work with landowners to treat the knapweed infestations with Milestone and other management practices
as appropriate.
2. Describe the methods you will implement to monitor and evaluate the success of management
efforts, short and long term, employed to achieve your goal. Please be specific.
Photo points will be taken in conjunction with GPS points and marking paper maps as needed to indicate
the areas treated and then to be able to monitor the sites to verify the decrease in stand densities.
Mapping and treatment will be done in 2008. The data will be compiled from all sites in order to prioritize
where future management efforts should take place on a landscape scale and draw conclusions about
treatment method effectiveness. Each spring for the following 3 to 5 years the sites will continue to be
monitored. Eradication should be achieved by 2013. The CWMA will sponsor a field day starting in 2009
to view the properties and discuss any new updates that have developed to increase success.
3. Describe the management techniques and sensible strategies you will implement as part of an
integrated weed management program to ensure that management efforts achieve stated
management goals (prevention, detection/eradication, containment). Be specific.
The management techniques implemented to treat the noxious weeds include the use of herbicides,
farming practices, and hunter education. The herbicides of choice are Tordon 22K and Milestone. Where
the diffuse knapweed occurs in fields that can not be treated with these herbicides, the fields will be
cultivated and re-planted with grasses or wheat as appropriate. If needed the infestations may be baled
and destroyed in a safe location. All farm equipment used will be cleaned and inspected for possible
transportation of the noxious weed. A strong hunter education program will also be implemented. The
program will include brochures, signs, verbal communication. These pieces will target diffuse knapweed
ID, avoiding driving through patches, and checking the equipment for"hitchhikers".
4. What methods will be used to map targeted weed populations?Will mapping data be contributed to
state maps (required for early detection/eradication and containment projects)?
Mapping of the noxious weed populations will be accomplished using GPS units and paper maps. Data
collected using GPS units will be downloaded into agency GIS programs for further analysis and polygons
will be hand drawn from the paper maps into the GIS programs.We will contribute all of our mapping data
to the state Quarter-Quad weed mapping effort.
5. Describe the nature of the partnerships formed by this project, the responsibilities and contributions
for which each partner will be responsible, and any formal or informal agreements among partners.
Enclose anv relevant documentation.
See letters of support as attached. Each partner will play an active role in working with landowners and
neighbors. Pheasants Forever and DOW will aid in providing hunter education. The weed divisions and
extension offices will provide education and follow-up with landowners. The County and USFS weed
divisions, extension offices, NRCS and Conservation Districts will work with landowners in mapping,
creating management plans and verification of work completed. Landowners will work with each other to
gain greater compliance in the control of diffuse knapweed.
6. How will the project be sustained (funded) in future years?Will additional assistance be required from
the Grant to achieve success and management goals in future years?
Each entity will focus on the lands under their control as well as partner with each other for additional
resources as they become available. Yes, additional resources may be required from the Grant for an
additional year or two to make substantial progress on the treatment and eradication of diffuse knapweed.
Logan County will continue to offer to treat the infestations at cost to their landowners.Weld County will
continue to treat their lands as well as offer cost-share money to landowners to help off-set the expense
of chemical treatments. The USFS Pawnee National Grassland will continue treating the diffuse
knapweed and other species as appropriate on their lands.
7. What specific assurances have participating landowners (public and private)given that they will
continue to manage noxious weeds in a coordinated fashion once grant funds have been exhausted?
How will grant funds help to create a long-term solution to the current problem?
As stated in the letters of support, the landowners care about their farms and their livelihood. Eradicating
the diffuse knapweed is essential for them to stay in business. There is also the State weed law and
County codes requiring compliance. The grant funds will help demonstrate that control/eradication is
possible; providing the encouragement to continue working and putting personal dollars to work. The
grant will also demonstrate that the government entities involved are trying to help meet the requirements
as set forth. The establishment of the CWMA will work directly towards controlling and eradicating the
knapweed and toadflax. It will also serve as a networking tool by putting the necessary entities in touch
with each other to start brainstorming ideas and solutions to other problems that might arise in the future.
8. What education for the public or staff/partners will be incorporated as a part of this project?
Hands-on training in small groups for staff and landowners will be provided this spring in the field.
Handouts, flyers, brochures and signs will be developed and distributed through-out the cooperative weed
management area targeting landowners as well as hunters and bird watchers. Field tours will be started
in the fall to evaluate the spring treatments.
Partner Income Table
Include additional lines for additional partners, as necessary, but do not include the Grazing Lands
Conservation Initiative funds. See instructions document for more specific information.
Partner Total goods/services Total cash Total cash requested Other grant
contributed (in-kindl secured but not vet secured funds sought
USFS- Pawnee $ 3865.00 $ $ $
Logan Cty Weed/Ext. $ 3409.00 $ $ $
Morgan Ctv Ext. $ 4955.00 $ $ $
Weld Cty Weed Div. $ 11,895.00 $ $ $
Landowners $ $ $ 37,100.00 $
Centennial CD $ 1590.00 $ 23,100.00 $ 1.900.00 $
South Platte CD $ 628.00 $ $ $
West Greeley CD $ $ 500.00 $ $
Morgan CD $ 2495.00 $ $ $
Totals: $ 28,837.00 $ 23,600.00 $ 39,000.00 $
Aggregate Total(sum of in-kind, cash secured, cash requested, and grants sought): $91.437.00
Amount of financial assistance requested from the Grant: $10,000
Ratio of matching resources =Aggregate total: assistance requested 9 : 1
Describe the in-kind resources to be provided by each partner in detail (on additional sheet)
Enclosed Documents
Proiect Abstract: Attach a project abstract(one page maximum)that describes the proposed project
(background information, management goals and objectives, unique circumstances) and demonstrates
that it is an efficient and effective means to achieving the containment and eradication of the targeted
species.
Map: Attach a detailed map that depicts the lands on which management will be carried out.
Outline of tasks and timeline: Attach an outline of tasks you propose to accomplish with a timeline
associated with each task. Management techniques that will be applied at a specific time during a plant's
life-cycle (such as budding) should be matched to an approximate date.
Accounting of Fund Expenditures: Attach an itemized accounting of exactly how monies from the High
Plains Invasives Project grant funds will be utilized; both the intended purpose and its cost should be
described (e.g., Garmin Etrex GPS unit-$99). Also, list expenditures in order of priority so the evaluation
committee can budget appropriately if only partial funding can be offered.
Attestation
To the best of my knowledge and belief, the statements and data in this application are complete, true,
and correct. In addition, I have thoroughly read the instructions and guidelines pertaining to the
application and Grant.
Printed name and position title:
Signature: Date: / /_
Please review instructions document and attach/enclose requested additional materials with this standard
application form. Send entire application package, including an additional 4 copies, to:
Michael Rigirozzi, High Plains Weed Specialist
Colorado Department of Agriculture
700 Kipling Street, Suite 4000
Lakewood, CO 80215-8000
DEADLINE FOR RECEIPT OF APPLICATIONS 5 P.M. MARCH 14. 2008
In Kind Resources Detail
USFS —Pawnee Grassland
Part-time seasonal staff(10 days x 2 staff): $2000
Estimated 1000 miles @0.39/mile: $390
Equipment and supplies: $1000
Supervisor time: $475
Logan County Extension
Part-time seasonal staff: $1700
Estimated 600 miles @0.39/mile: $ 234
Overhead costs: $125
Supervisor time: 50 hours: $1350
Morgan County Extension
Estimated 500 miles @0.39/mile: $ 195
Supervisor time and office: 100 hours: $4760
Weld County Weed Division
Part-time seasonal staff: $7650
Estimated 6000 miles @0.39/mile: $2340
Part-time use of Computer, GPS, Phone and Office: $555
Publications/signs: $500
Supervisor time: 20 hours: $850
Centennial Conservation District
District Technician's time: $ 600
Est. mileage: 1000 miles @ 0.39/mile: $ 390
District Manager's time: hours: $ 400
Overhead costs (computer, phone, GPS): $ 200
South Platte Conservation District
District Technician's time: $ 100
Est. mileage: 200 miles @ 0.39/mile: $ 78
District Manager's time: hours: $ 200
Overhead costs (computer,phone, GPS): $ 250
Morgan Conservation District
District Technician's time: $1665.00
Est. mileage 720 miles @ 0.39/mile: $280.00
District Manager's time: 20 hours: $ 350.00
Overhead costs (computer, phone, GPS): $200.00
FYI: Landowner dollars estimated at:
Weld County: 16 landowners identified with diffuse knapweed
Logan County: 6 landowners identified with diffuse knapweed
Morgan County: estimated 6 landowners
At$500 each= $ 14,000
There is the potential for a 50:50 match on the Centennial and South Platte CD grant for diffuse
knapweed control in CRP land only= $23,100 plus an additional possible $1900.
Accounting of Fund Expenditures
High Plains Invasives Project: 100% of the funds will be used for cost-sharing with landowners
on a 50:50 basis up to $500 per landowner.
Project Abstract
The Cooperative Diffuse Knapweed Eradication in Logan, Morgan and Weld Counties Project
aims to link private landowners, non-profit organizations and public agencies together with the
common goal of eradicating diffuse knapweed populations in northeastern Colorado. Based on
the fact that diffuse knapweed is still relatively rare in the identified region, swift action taken
immediately will prevent any further infestation by this noxious weed. Further, we believe that a
concentrated and strategic effort will lead to eradication of diffuse knapweed.
The history of diffuse knapweed in the region seemed to start in 1992, when Logan County
identified one landowner with diffuse knapweed. Its source and means of movement were
established as coming from Wyoming with a truck load of steers. The diffuse knapweed is also
blowing in from Nebraska impacting state line landowners dramatically.
When asked to select the management criteria for diffuse knapweed in 2005/06, Logan, Morgan
and Weld Counties indicated that diffuse knapweed could be eradicated within the Counties
except for along the South Platte River. At this time the target eradication dates of 2006 and
2008 have been missed. A future eradication date of 2013 is being proposed. This provides more
time to work with landowners and to make the necessary changes needed in each operation.
In 2007, a program was started between Logan and Weld Counties. Initial landowner
identification, mapping and treatments were accomplished. Several landowner meetings were
held in Weld County resulting in strong interest in learning more about diffuse knapweed and
finding ways to treat the infestations. This has also led to additional partners in the cooperative
weed management area. At this time all populations of diffuse knapweed in Weld, Logan and
Morgan Counties appear to be of manageable size with the potential for eradication still possible
if the work is started now.
Funding from the High Plains Invasives Project will expand upon and continue efforts already
underway to eradicate diffuse knapweed and Dalmatian toadflax. We are seeking to include
additional partners, as well as providing a stronger focus on the chemical treatment of the diffuse
knapweed populations. We are also working to address the way diffuse knapweed is being
spread in northeastern Colorado by hunters and bird watchers.
Outline of tasks and timeline
2008
April 3: Planning meeting with USFS, landowners, CO State Land Board,Pheasants
Forever,DOW, Logan,Morgan and Weld County to discuss project and set
calendar for the summer.
April 18: Educational meeting with landowners and staff from all entities.
April 7—Sept. 1: Inventory grant area and GPS map infestations along with photo points.
April 7—July 15: Chemically treat infestations. Depending on infestation site and weed species the
chemicals used will be: Milestone at 7 oz/acre,Tordon 22K at 1 quart/acre. The
treatments will occur at the rosette to bolting stage.
August 1-31: Re-evaluate treatment efficacy at the diffuse knapweed and Dalmatian toadflax
sites.
September 18: Field tours.
August 1 —October 31: Re-treat any sites that need follow-up work or any new sites identified, as
weather permits. These treatments would occur at fall rosette stage.
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