HomeMy WebLinkAbout20021638 RESOLUTION
RE: APPROVE AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN
-TOWN OF SEVERANCE
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
Severance, with 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 Severance 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 24th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: n "�T!I �,_ _�D'p1 * L EXCUSED DATE OF SIGNING (AYE)
�i.�', GI Vaad, Chair
Weld County Clerk to th o-
•'vi. Q Q"
1861. . O .41/42
David E. Lon ro-Tem
BY: ',,G1-. ,.Deputy Clerk to the B.: 11), ��°� �► �� �LCr i
M. J. Geile
AP EDAe 'M: EXCUSED
/ is H. JeZ th
nI
County Attorne� Y_
Robert D. asden
Date of signature: 7///
C % RA 2002-1638
EG0046
MstetLi:' • - .MEMORANDUM
TO: Clerk to the Board DATE: June 19, 2002
FROM: Frank B. Hempen, Jr.,
COLORADO Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Agreement for weed spraying with the Town of Severance
The appropriate documentation is attached.
Enclosures
pc: Ron Broda
M:\W PFILES\Francie\AGENDA I.MEM.wpd
g E'n'1
2002-1638
AGREEMENT FOR WEED SPRAYING
THIS AGREEMENT, made and entered into thisa+-Iday ofJw. .2002, by and between Town
of Severance, whose address is P.O.Box 122, Severance, Co. 80546, 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 weed spraying services on 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 $26.00 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.
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.
a��- X&38
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 of 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.
RA ► NESS WHEREOF,the parties hereto have agreed as set forth herein the date and year
oj�AvE ort O�
Z yt O TOWN:
►JLt�L �
O •Cl••a.
� O
B' . a ;`�; •• A BY:
COUNTY:
ATTEST: La COUNTY OF WELD, A BODY
COUNTY COMMISSI E g►; CORPORATE AND POLITIC OF THE
OF THE COUNTY OF a Wt. STATE OF COLORADO
BY: G' BY: -
Deputy Clerk to the BoarC David E. Long, Chair P -Tem
BOARD OF COUNTY
COMMISSIONERS OF T E
COUNTY OF WELD
M:\W PFILES\AGREEMNIUnter-Govern-Agr\Severanceweedagreeform.02.wpd
EXHIBIT A
SEVERANCE
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 bindweed (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 10 miles
WCR 23 from WCR 70.25 to Hwy 14
WCR 21 from WCR 72.50 to74.50
WCR 72 from WCR 21 3/4 to WCR 25
WCR 74 from WCR 19.75 to WCR 25
WCR 80 from WCR 23 to WCR 25
See attached map
M:\W PFILES\PEST\sevspotspray.wpd
Approximate Cost to Spray Noxious Weeds on Town Roads
Town Center Line Cost/Mile Annual Estimated Cost
Miles (Two Applications)
Dacono 12 $64.75 $1,554.00
Erie 13 $64.46 $1,676.00
Firestone 14 $64.21 $1,798.00
Frederick 20 $63.25 $2,530.00
Mead 4 $72.25 $ 578.00
Severance 10 $65.50 $1,310.00
Severance
__sir 1 I 14
(.. e 1 s
17 - - -`F6- :� 15 14 13
I
i
- - - _Crk,inty RdQ...__ - --- --
I
I
?p 21 i 22 I 23 24 19
i
i
-------- ------- -
- ounty_R[L7
I
i
?9 I� I 28 27 - - 26 - - ‘ 25 30
7
---------------------
32 33 34 -C)'r 35.E 36 31
! l
I' n
�? o
c_olac_R yr
5 - 4 3 SE.2VE NQE 6
U
- - - - - Rd 72 4----- ---
i
12
10 11
8 '� i
�� _ -�Highways N
Road Centerlines
Paved 0 0.5 1 Miles W E
Not Paved sminfinmoisi
s
Hello