HomeMy WebLinkAbout20051791.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR NOXIOUS WEED CONTROL
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 an Intergovernmental Agreement for
Noxious Weed Control 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,and
the Colorado Department of Agriculture, Plant Industry Division, commencing upon full execution
of the agreement,and ending November 1,2005,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 Intergovernmental Agreement for Noxious Weed Control 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,and the Colorado Department of Agriculture,
Plant Industry Division, 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 22nd day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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1; William H. ke, Chair
).-. . n , lerk to the Boar•
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Clerk to the BoardCjc
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D. Masd
ounty Attorney
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Date of signature: 7c4--Or
2005-1791
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MEMORANDUM
CTO: Clerk to the Board DATE: June 16, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Weld County was awarded a grant from the Colorado Department of Agriculture for the
control of the absinth wormwood (Artemisia absinthium) that has infested Willow Creek
starting at WCR 59 between WCR 114 and 116. This grant was awarded because of the
partnership that the Weld County Weed Division has with the Pawnee National Grasslands.
This grant is to help off-set the expense landowners will have in eradicating this species.
The acceptance of the grant requires an Authorized Officer's signature on the contract. Please
add this item to the agenda for Wednesday, June 22, 2005.
pc: Tina Booton, Weed Division Supervisor
M:\Tina\Agenda.doc
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2005-1791
•
STATE OF COLORADO
DEPARTMENT OF AGRICULTURE q
700 Kipling Street, Suite 4000 ya o
Lakewood, Colorado 80215-8000 r
Administrative Services/Purchasing *r87s
(303) 239-4130
(303) 239-4160 FAX
Weld County Bill Owens
P.O. Box 758 Governor
Greeley,CO. 80632 Don Ament
Commissioner
Sheldon it Jones
Attn: Tina Booden Deputy
Commissioner
Ms. Booden,
I have enclosed 3 copies of a contract for noxious weed control. Please have the proper signature affixed to all 3 copies where
indicated. Send all 3 copies back to me for additional signatures and approvals. I will send a copy to you with all the signatures
in place for your files.
If you have any questions please call me at 303-239-4130. Thank you for your cooperation.
Si ere , ^ (�
Robert Archer IW� tt llJ1
Purchasing Agent
Agriculture
BAA
Contract Routing Number
06BAA00
INTERGOVERNMENTAL AGREEMENT
This contract, made this day of May, 2005, by and between the State of Colorado for the use and benefit of the
Department of Agriculture, Plant Industry Division, 700 Kipling St, Suite 4000, Lakewood, CO. 80215-8000, hereinafter
referred to as the State, and Weld County, P.O. Box 758, Greeley, CO. 80632, hereinafter referred to as the Contractor.
RECITALS:
a) The Legislature created the Colorado Noxious Weed Act in CRS 35-5.5-101, et seq; and
b) Pursuant to CRS 35-5.5-108.5(2)(b)(II) the Commissioner of the Department of Agriculture desires to provide
financial assistance for noxious weed eradication; and
c) Pursuant to the Colorado Noxious Weed Act, the Legislature empowered the Department of Agriculture to expend
monies from the fund through grants to communities, weed control districts or other entities the Department of
Agriculture considers appropriate for noxious weed management projects; and
d) Authority exists in law and funds have been budgeted, appropriated and otherwise made available, and a sufficient
unencumbered balance thereof remains available for payment under this agreement as specified herein; and
e) Required approval, clearance, and coordination has been accomplished;
NOW THEREFORE it is hereby agreed that:
I.)Scope of Work
The Contractor shall carry out, in a lawful,diligent, and reasonable manner,the duties as set forth in Exhibit A
2. Performance Period
The contract shall be effective upon approval by the State Controller,or delegate,and extend through November 1,2005.
3. Payment
The Contractor shall be paid an amount not to exceed$2,500 for the services performed in Exhibit A. Contractor shall furnish
the State with an invoice,herein attached as Exhibit B, upon completion of the project.
The parties hereto expressly recognize that the Contractor is to be paid, or otherwise compensated with funds provided to the
State for the purpose of entering into agreements for the services provided for herein, and therefore, the Contractor expressly
understands and agrees that all of the Contractor's rights, demands, and claims to compensation arising under this agreement
are contingent upon receipt of such funds by the State. In the event that such funds are not received by the State, the State may
immediately terminate this agreement.
4.) Insurance
A. The contractor shall obtain, and maintain at all times during the term of this contract, insurance in the following kinds
and amounts:
1) Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering
all of contractor's employees acting within the course and scope of their employment.
2) 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:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
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c. $1,000,000 products and completed operations aggregate;and
d. $50,000 any one fire.
If any 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.
3) 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.
B. 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.
C. The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to
the State by certified mail.
D. 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.
E. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies
satisfactory to the State.
F. 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.
G. 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.
5.)Maintenance of Records
The Contractor shall maintain a complete file of all records,communications,and other written materials which pertain to
the operation of the program and delivery of the services under this agreement,and shall maintain such records for each
year of this agreement and for a period of three(3)years from the date of final payment or termination of this agreement.
6) Inspection of Records
The Contractor shall permit the State to audit and/or inspect the Contractor's records for each year of this agreement and for
a period of three(3)years from the final payment or final date of this agreement,to assure compliance with the terms of this
agreement and performance thereunder.
7. Third Party Beneficiaries
It is expressly understood and agreed that 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 the named contractor. Nothing contained in
this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the contractor that any such person or entity,other than the State or the Service,receiving services
or benefits under this agreement shall be deemed an incidental beneficiary only.
Page 2 of 6
' 8. Notices and Authorized Representatives
For the purpose of this contract,the persons named below are designated the representatives of the parties. All notice
required to be given by the parties shall be given by registered or certified mail to the representative named below. The
parties may designate in writing a new or substitute representative:
State Contractor
Eric Lane Tina Booden
Colorado Dept.of Agriculture Weld County
700 Kipling St, Suite 4000 P.O. Box 758
Lakewood, CO 80215-8000 Greeley,CO. 80632
Ph. (303)239-4182
Fax: (303)239-4177
9. Severability
To the extent that 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 and 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. The waiver of any breach of a term hereof shall not be construed as waiver of any other term.
10. Integration
This contract is intended as the complete integration of all understandings of the parties. No prior or contemporaneous
addition,deletion,or other amendment hereto shall have any force or effect whatsoever,unless embodied hereto in writing.
No subsequent novation,renewal,addition,deletion,or other amendment hereto shall have any force or effect unless
embodied in a written amendment executed pursuant to the State Fiscal Rules.
II. Succession
Except as herein otherwise provided,the contract shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
12. Amendment
During the period of this contract, all deviations in the contract scope and all period extensions shall require written
approval of the State Controller,or designee, in the form of a written amendment executed by the parties hereto in
accordance with the Fiscal Rules. All such amendments shall be executed prior to commencement of the change for which
the amendment is sought.
13. Assignment
The Contractor may not assign their rights or duties under this contract without the prior written consent of the State.
14. Termination for Convenience
The State may terminate this contract by providing thirty days prior notice to the other party by certified mail,return
receipt requested. If notice is so given,this contract shall terminate on the expiration of the thirty days,and the liability of
. the parties thereunder for the performance of the terms of the contract shall thereupon cease,but the parties shall not be
relieved of the duty to perform their obligations up to the date of the termination. After delivery of the notice of
termination,the Contractor shall not begin any new work,but to the extent practicable,shall complete all work in progress
within the thirty day period
15. Termination for Default
If,through any cause,the Contractor shall fail to fulfill, in a timely and proper manner, its obligations under this contract,
or if the Contractor shall violate any of the covenants,agreements,or stipulations of this contract,the State shall thereupon
have the right to terminate this contract for cause by giving written notice to the Contractor of its intent to terminate and at
least ten(10)days opportunity to cure the default or show cause why termination is otherwise not appropriate.In the event
of termination,all finished or unfinished documents, data,studies, surveys, drawings,maps, models,photographs,and
Page 3 of 6
reports or other material prepared by the Contractor under this contract shall, at the option of the State, become its
property,and the Contractor shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted.
Notwithstanding the above,the Contractor shall not be relieved of liability to the State for any damages sustained by the
State by virtue of any breach of the contract by the Contractor,and the State may withhold any payment to the Contractor
for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the
Contractor is determined.
If after such termination it is determined, for any reason,that the Contractor was not in default,or that the 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 the contract had been terminated for convenience, as described herein.
16. Order of Precedence
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:
1) Colorado Special Provisions,page 5.
2) Contract,pages 1 to 4.
Page 4 of 6
(FOR USE ONLY WITH INTER-GOVERNMENTAL CONTRACTS)
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he
may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted,and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the
Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
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 for the parties, 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
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE 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
TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES
THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR 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
AGREEMENTS, 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
THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The 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 the contract is capable of execution.
At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules,
and regulations that have been or may hereafter be established.
7. 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 United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the
term of this Contract and any extensions,the Contractor has in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that the 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 the Contract and any remedy
consistent with United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever
in the service or property described herein.
Page 5 of 6
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILLS, GOVERNOR
_Weld County
Legal Name of Contracting Entity Sheldon R Jones, Deputy mmissioner
Dep a of A riQulture
Dater l4 l
846000813 C
Social Security Number or FEIN
LEGAL REVIEW:
Signature of Authorized Officer John W. Suthers, ATTORNEY GENERAL
By N/A
William H. Jerke, Chair Date:
Print Name&Title of Authorized Officer JUN 2 2 2005
CORPORATIONS: ����►`
(A corporate seal or attestation/ is rree/q/y/heed..)) /I!.
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Attest(Seal) By •
f�:u,:r.- �ag'c r.�,1♦r � ,',.:: ,�li,!'J l:.i.B:Z�L'r•D. I. •'1
Deputy Clerk to the Board
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance
until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may
not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By
Gary G a.lman, Controller
Date . )),q6
),q6
Page 6 of 6
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Exhibit A
Scope of Work
2005 Cooperative Weed Management
Name of County Weld
Project Name Absinth Wormwood Eradication
Planned Start Date: May 15, 2004 Planned Completion Date: Nov. 1, 2004
Amount of Funding Allocated: $ 3000.00
Species of noxious weed(s) to be inventoried and/or managed:
Common Name # of acres to inventory # of acres to treat
1. Absinth Wormwood 200 30
Total acreage: 200 30
Project objectives:
The first objective is to create a weed management cooperative between Weld County USFS, Colorado
State Lands and private landowners to work towards eradicating absinth wormwood. The second
objective is to eradicate absinth wormwood in Weld County through mapping infestations and treating
with an approved chemical.
Matching weed management dollars to be put forth by the county, landowners, and other
partners in the project area: USFS and Weld County will be providing personnel for the mapping of the
absinth wormwood infestations. Landowners will be paying for 20% of the treatment costs.
Salary $ 1050
Equipment Use and In-kind vales $ 500
Herbicide $ 600
Other Dollars $ 0
TOTAL $ 2150
PROJECT TIMELINE:
April 18: Planning meeting with USFS, landowners, CO State Lands, and
Weld County to discuss project and set calendar for the summer.
April 19— May 10: Inventory area and GPS map infestations with photo points.
May 11 —June 15: Chemically treat infestations with a commercial applicator depending on infestation
site either Redeem at 2 pt/acre or Tordon 22K at 2 pt/acre will be used.
September: Re-evaluate the absinth wormwood sites that were treated.
October: Re-treat any sites that need follow-up work.
Exhibit B
INVOICE
To: Elizabeth Gillespie
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 2005 pertaining to "Absinth
Wormwood Eradication"project.
Invoice: 24-2005
Amount of Invoice: $ (not to exceed $2,500.00)
Make check payable to: Weld County
Federal E.I.N.: 846000813 C
Send payment to: Weld County
P.O. Box 758
Greeley, CO 80632
Attn: Tina Booden
Thanks,
Tina Booden
Weld County Weed Supervisor
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