HomeMy WebLinkAbout20081037.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN -
TOWN OF ERIE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Agreement for Weed Spraying between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Public Works, and the Town of Erie, commencing
March 27, 2008, with further terms and conditions being as stated in said agreement, and
WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Weed Spraying between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and the Town of Erie be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of April, A.D., 2008, nunc pro tunc March 27, 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: / P4,/!/ E1'
al//‘• ° '" ' ti H. Jerke, Chair
Weld County Clerk to the Board 1861 �;rr.�i;,1
,�, `_ Robe, D. Masi , Pro-Tem
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BY: z' /,��
Deputy lerk to the Board ,
William F. Garcia
APPROV AS T EXCUSED
David E. Long
'aunty At orney Acntcho__' —
DouglastRademacher
Date of signature: yid `cc-3
2008-1037
EG0058
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ti 's•'••' '!Y
TOW\ OF ERIE
I ,.I
March 28, 2008
Tina Booton, Weed Division Supervisor
Weld County Public Works
PO Box 758
Greeley, CO 80632
RE: Intergovernmental Weed Spraying Contract
Enclosed please find two signed copies of the Agreement for Weed Spraying between the
Town of Erie and Weld County. Please have both copies signed by Bill Jerke, return one
copy to me, and retain the other copy for your records.
Should you require anything further please contact me at 303-926-2790 or Ron Fletcher
at 303-926-2887
Sincerely,
Am aldez
Parks and Recreation Administration
)
2008-1037
i • PU. Hat 7`u• I!rit. ( olur.nlr!. r'()to • I hnnc (3111)•)2n-2700• Eat I vU?) 9Th-2705
AGREEMENT FOR WEED SPRAYING
This agreement, made and entered into this o?h'" day of (1.O4 O1 2008, by and
between Town of Erie, whose address is P.O. Box 750, Erie, CO 80516, hereinafter referred to as
"Town", and THE COUNTY OF WELD, STATE OF COLORADO, by and through the Board
of County Commissioners of the County of Weld, Colorado, whose address is P.O. Box 758, 915
10th Street, Greeley, Colorado 80632, hereinafter referred to as "County".
WHEREAS, Town wishes to have County perform spraying services for certain noxious weeds
on certain Town rights-of-way, as listed on Exhibit A attached hereto, when rights-of-way are
within the boundaries of Town, which are hereinafter referred to collectively as "Town Rural
Roads", and
WHEREAS, Agreements between County and other governmental entities are authorized and
provided for by the provisions of Section 29-1-203, C.R.S., and so provided for by Section 2-3 of
the Weld County Home Rule Charter.
NOW, THEREFORE, County agrees to provide weed spraying services on Town Rural Roads
according to the following terms and conditions:
1. County shall spray weeds on Town Rural Roads contemporaneously with County's
similar activity on Weld County Roads surrounding Town. Town understands that Weld
County Roads lying outside the boundaries of the Town shall be given priority.
2. Town agrees to pay County for the weed spraying services it renders pursuant to the
terms of this Agreement at the following costs: $45.00 per hour for labor, a one hour set-
up fee per application day, and $25.00 per acre for chemical. County shall bill Town on a
periodic basis for those services which have been performed in said period. County shall
provide a list of the dates of spraying and the roads sprayed during each period. Services
shall not exceed $2,000.00 as authorized in the Town's budget.
3. No portion of this agreement shall be deemed to constitute a waiver of any immunities
the parties or their officers or employees may possess, nor shall any portion of this
Agreement be deemed to have created a duty of care which did not previously exist with
respect to any person not a party to this Agreement.
4. This Agreement shall run from year-to-year from the date of signing of this Agreement
unless terminated by either County or Town, providing the party seeking to terminate this
Agreement gives the other party ten (10) days written notice prior to the date of said
termination.
5. County and any persons employed or engaged by County to perform services under this
Agreement shall perform such services as an independent contractor and not as an agent
or employee of the Town. County shall be solely responsible for all compensation,
benefits, and supervision for persons employed or engaged by it to provide such services,
and the amounts paid by the Town under Section 2 shall be inclusive of all costs incurred
by County.
6. The parties hereby agree that neither has made or authorized any Agreement with respect
to the subject matter of this instrument other than expressly set forth herein, and no oral
representative, promise, or consideration different from the terms herein contained shall
be binding on either party, or its agents or employees, hereto. This Agreement embodies
all Agreements between the parties hereto and there are no promises, terms, conditions,
or obligations referring to the subject matter whereof other than as contained herein.
7. If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provisions, to a person or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected, and
every other term and provision of this Agreement shall be deemed valid and enforceable
to the extent permitted by law.
8. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement. It
is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
ON WITNESS WHEREOF, the parties hereto have agreed as set forth herein the date and year
set forth above.
ATTEST: TOWN: ,
ANN OFF_ ,4�'�
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`;RPOR'gT�� /'it °otoaPoo
ATTEST: /2144/A j COUNTY:
COUNTY COMMISSIO4r3 Z". COUNTY OF WELD, A BODY
OF THE COUNTY OF /t f .;n CORPORATE AND POLITIC OF THE
7 /f'_ \^ ---"‘ STATE OF COLORADO
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BY: '"-r /174. 7,17 s, i" �
a , `-to BY: 1'� 1'
Deputy Clerk to the Boar William H. Jerke, Chair
BOARD OF COUNTY
APR 0 7 2008
acp /037"
COMMISSIONERS OF THE
COUNTY OF WELD
EXHIBIT A
ERIE
NOXIOUS WEEDS THAT WILL BE SPRAYED ALONG ROAD RIGHTS-OF-WAY ARE:
Canada thistle (Cirsium arvense)
Musk thistle (Carduus nutans)
Scotch thistle (Onopordum acanthium)
Leafy spurge (Euphorbia esula)
Field bindeweed (Convolvulus arvensis)
Russian knapweed(Acroptilon repens)
Diffuse knapweed (Centaurea diffusa)
Spotted knapweed(Centaurea maculosa)
Dalmatian toadflax (Linaria dalmatica)
The rural roads that will be sprayed include:
Approximately 16.5 miles
WCR 7 from Hwy 52 to WCR 4.5
WCR 5 from WCR 10.5 to WCR 4
WCR 3 from WCR 8 to WCR 10
WCR 12 from WCR7toWCR9
WCR 10 from WCR3toWCR5andWCR7toWCR9
WCR 10.5 from WCR 1 to WCR 1.75
WCR 8 from WCR 3 to WCR 9
WCR 6 from WCR 5 to WCR 7.5
See attached map
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