HomeMy WebLinkAbout20033057.tiff RESOLUTION
RE: APPROVE GRANT AGREEMENT FOR AND AUTHORIZE CHAIR TO SIGN -
COLORADO DEPARTMENT OF AGRICULTURE
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 Grant Agreement for the Weld
County/Pawnee Weed Control Project 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, commencing July 1, 2003, and ending
December 31, 2003, 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 Grant Agreement for the Weld County/Pawnee Weed Control Project
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 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 3rd day of November, A.D., 2003, nunc pro tunc July 1, 2003.
BO D OF COUNTY COMMISSIONERS
WEL OUNTY, COLOR DO
�
ATTEST: LtetY 1 `%���:E, CC '(6P
vidE., D on C r
Weld County Clerk t•' c, :lt r:L9: lux
Robert D. Masden, Pro-Tem
BY:
Deputy Clerk to the B EXCUSED
M. J. Geile
AP ED AS RM:
William H. Jerk
unty Attorne , �/ beG�,,
Glenn Vaad
Date of signature: ///i0
2003-3057
EG0047
�9 C'C - Beam
STATE OF COLORADO
GRANT AGREEMENT
Agency name: Contract routing number 04 BAA 00134
Colorado Department of Agriculture
Encumbrance number NA
Division of Plant Industry, Noxious Weed
Section Invoice
number
Grantee:Weld County
Fund 100
Agency code BAA
FEIN:846000813 Appropriation code L42
Procurement: Weed-Control Grant- - Organization unit 1642
Term: 07/01/03 throughl2/31/03 Object code 5781
Amount FY04 $1,500
THIS GRANT AGREEMENT,hereinafter referred to as Agreement,is made this day of
,2003,by and between the State of Colorado for the use and benefit of the Colorado
Department of Agriculture,Division of Plant Industry,hereinafter referred to as the State, and Weld County,
Board of County Commissioners,hereinafter referred to as the Grantee.
WHEREAS,the Legislature established the Colorado Noxious Weed Act in CRS 35-5.5;
WHEREAS,pursuant to CRS 35-5.5-111,the Legislature empowered the State to cooperate with federal
and state agencies for the integrated management of noxious weeds within theft respective territorial
jurisdictions;
WHEREAS,the United States Department of Agriculture Forest Service has awarded the Colorado
Department of Agriculture$60,000 in award number 03-DG-11020000-055 for the purposes of noxious
weed control;
WHEREAS,the Grantee submitted a project proposal and a copy of that proposal is attached hereto as
Exhibit 1 and is incorporated herein by reference;
WHEREAS,the Grantee also submitted a project completion summary and a copy of that summary is
attached hereto as Exhibit 2 and is incorporated herein by reference;
WHEREAS,authority exists in law and funds have been budgeted,appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment of the grant
specified herein;and
WHEREAS,required approval,clearance and coordination has been accomplished.
NOW THEREFORE,it is hereby agreed that:
1.0 SCOPE OF WORK
Page 1 of 5
1.1 Grantee submitted a Project Proposal(Exhibit 1)for the"Weld County/Pawnee"project.
The project has been carried out according to the plan described in attached Exhibit 1 and
the grantee has submitted a Project Completion Summary(Exhibit 2).
1.2 In the event the Grantee has failed to comply with the requirements for expenditure of
grant money set forth herein,the Grantee shall pay to the State the full grant award,or
any portion thereof as determined by the State to be inappropriately spent. The Grantee
shall pay all costs and attorney fees incurred by the State in collecting any payments set
forth herein.
2.0 GRANT AWARD
2.1 Maximum total grant award payable to the Grantee hereunder shall not exceed one
thousand five hundred dollars($1,500).
2.2 All payments made hereunder shall be made to Weld County Weed Control,PO
Box 758,Greeley,CO 80632.
2.3 Fund Availability;Federal Funds Contingency. 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. If this grant agreement is
funded in whole or in part with federal funds,this grant agreement is subject to and
contingent upon the continuing availability of federal funds for the purposes hereof. If
grant agreement contemplates the purchase of goods to be delivered in a single
installment,the State represents that it has set aside sufficient funds to make payment
under this grant agreement in accordance with its terms.
3.0 TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2003 through December 31, 2003, and
shall become effective upon the signature of the State Controller,or designee.
4.0 REPRESENTATIVES AND NOTICES
4.1 Representatives. For the purpose of fulfilling obligations under this Agreement, the
individuals identified below are hereby designated representatives of the respective parties.
Either party may from time to time designate in writing new or substitute representatives.
(a) For the State: Eric M.Lane
State Weed Coordinator
Colorado Department of Agriculture
700 Kipling Street,Suite 4000
Lakewood,Colorado 80215
Phone: 303-239-4182
FAX: 303-239-4177
(b) For the Grantee: Ron Broda
Weld County Weed Supervisor
Weld County
PO Box 758
Greeley,CO 80632
Page 2 of 5
4.2 Notices. All notices required to be given by the parties hereunder shall be given by certified
or registered mail to the individuals as set forth below. Either party may from time to time
designate in writing substitute addresses or persons to whom such notices shall be sent.
(a) For the State: Eric M.Lane
State Weed Coordinator
Colorado Department of Agriculture
700 Kipling Street,Suite 4000
Lakewood,Colorado 80215-5894
Phone: 303-239-4182
FAX: 303-239-4177
(b) For the Grantee: Ron Broda
Weld County Weed Supervisor
Weld County
PO Box 758
Greeley,CO 80632
5.0 DISPUTE RESOLUTION
In the event the State and the Grantee are unable to resolve any dispute relevant to this Agreement,
the matter shall be submitted to the head of a State purchasing agency so authorized under 24-109-
106, C.R.S.,to settle and resolve any controversy arising under this agreement.
6.0 COMPLIANCE WITH LAW
At all times relevant to this agreement in performance pursuant to this agreement, the Grantee shall
strictly adhere to all applicable federal, state, and local laws, rules, regulations, and ordinances that
have been or may hereafter be established.
7.0 THIRD PARTY BENEFICIARIES
It is expressly understood and agreed that the enforcement of the terms and conditions of this grant
and all rights of action relating to such enforcement shall be strictly reserved to the State and the
named grantee. Nothing contained in this agreement shall give or allow any claim or right of action
whatsoever by any such person or entity other than the State or the grantee, receiving services or
benefits under this agreement shall be deemed an incidental beneficiary only.
8.0 INDEMNIFICATION
To the extent authorized by law, the Grantee 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 incurred as a result of any act or
omission by the Grantee, or its employees, agents, subcontractors, or assignees pursuant to
the terms of this agreement.
(SPECIAL PROVISIONS)
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.
Page 3 of 5
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
Page 4 of 5
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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first above written.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO
OVE R;
Weld County C/
By
Legal Name of Contracting Entity CCornmiss' his de ee
846000813
Department of Agriculture
S Security Number or FEIN
Signature of Authorized Offic
David E. Long, Chai
Print Name&Title of Authorized O cer
11/03/2003
CORPORATIONS
(A corporate attestations is required) Sllw4 E L//►``
Attest(Seal)B X '' - / rl �' 18. I(I ••
( �/�� n._ ,k vow •1.o.
to seal here,if available)
ji Clerk to the Board
ALL CONTRACTS MUST BE APPROVED :� 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.
STATE CONTROLLER:
By
Gary t as .... .11er,
Colorado Dep. '. en t f Agriculture,
for Arthur L.Bamh. state csetroller
Date 4,1/2�/ai-.
Page 5 of 5
02003-.3tr7
May 13 03 16: 21
:, P. 7
Exhibit 1
2003 PROJECT PROPOSAL
Cooperative Weed Management Date_____27 _____
Name of County GU e 1D / n
State—�
Project Name We l `(�✓/L'. a�urt�� 103
Planned Start Date planned Completion 30 03
Acres needing treatments u ({LGO �� a5
rxC cQp� r^vr/r„dF
Methods to be used iccwie , ,,, /t - _ J
ha net hl4a� _Crlax;('4( r..�.,lir�7/L�f4�
r 3 f�
Target Species C cv,e.tetc L/ Z : co
a Slit du /2 k„ w.rrd Sy. ,T,%��,t
briefly summarize the need for the project and its objectives:
r n.. r ./
• �� . � (to -t d
n
• Pl �w ,
� jj/�,
/ t r yJ r„ fil'1✓a/e/Ctncl'
cr Tfpa.�v^e.{ !J2 • , ' I— -. a f , ra ' G n 4 cfftcQd4
or, USES /Oh �' talc
4ng/ 4 n{25fuf�cns
5 Cacting/Are Landowners Participating? L. 7 �� "
L e.•n tier 5
Identify Matching weed management dollars to be put forth by the(cco,mty and
landnwnors in in the project area or in the vicinity of the project:
Salary $ ✓0OG etc c5 t :-51.0%-t
-
Salary Use and In-kind vales r �,.kt�,u s i- g
Herbicide $ USr Ste' '9 n'F �'/✓lo
Other Dollars " �' n
TOTAL $ h >
$ — cc
lSG[J. —
We certify the Project will benefit Cooperative Weed Management efforts on
State, Private a d/or Federal lands and can be implemented this year:
County weed supervisor a
D O3
Date
it /i/d4-1Y-K 2a& 3
USES Represe ve
Date
1
•
cc-- l4✓LQ
Exhibit 2 ' 51a ,CO, C
PROJECT COMPLETION SUMMARY
Cooperative Weed.Management
Name of County (PEI- CO
n/� State CO
Project Name A:tit/ npP WP4d f iecaf,
tgAti
Start Date Y /f cbo 3 Completion Date �GY R oleo
State and Private Forestry dollars actually spent on the project
$
Acres treated O -t
Methods Used Muce Aloti n-f7 °Dorms SP,e4
Target Species 2i',acQSr0 Invct an its —(!A `ttus�le0.4tu:telet
�'tam% ,C� "'��d 5��
Briefly Summarize the Implementation of the projectl r` o0
Did you meet the Project
Objectives? (1.4
How effective were the n /
treatments? ajwed Q,X i n-.4y e, iNQ /kJ1 C 0.
� �eS (D( is(a
-
Is more work needed in the area? Ur
How would you rate Landowner Participation? tn.'40-‘^
Identify Matching weed management dollars put forth by the county and
landowners in the project area or in the vicinity of the project:
Salary $ f
Equipment Use and In-kind vales $
• �`P'Kf" t 450,1_
Herbicide $ 9/�
Other Dollars $
TOTAL
We certify the Project was completed:
:( " 3
Coun y weed sunpr.,c
f aVu _ rod ujai ,n+ `. x , nciou 5 ON.Letzt s i" i T
2 Yyl . — lo/ /G 3
MEMORANDUM
TO: Carol Harding, Clerk to the Board DATE : October 28, 2003
• FROM: Frank B. Hempen, Jr., P.E.
COLORADO Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda.
Colorado Department of Agriculture grant .
The appropriate documentation is enclosed.
Enclosures
pc: Ron Broda
M:\Franc ic\S ignature Item.DOC
2003-3057
MEMORANDUM
TO: Frank B. Hempen, Jr., P.E.
Director of Public Works, County Engineer
FROM: Ron Broda, Weed Division Supervisor .'
2-5
SUBJECT: National Fish and Wildlife Foundation (NFWF) Grant
COLORADO
The Weld County Weed and Pest Division of Public Works along with the Pawnee National
Grasslands submitted for a Colorado Department Weed Control Grant. We have been awarded a
$1,500 grant, which now has to be signed by the BOCC.
Enclosed is the confirmation letter and contract for Chair's signature. Please submit to the BOCC for
approval.
Enclosures
M,\weed grants\CoDcpt of Ag Grant-memo.doc
STATE OF COLORADO
DEPARTMENT OF AGRICULTURE -ovc
Noxious Weed Management Program
700 Kipling Street,Suite 4000 'N
r
Lakewood,Colorado 80215-5894 */gee
(303)239-4182
FAX(303) 239-4177
Bill Owens
October 27,2003 Governor
Don Ament
Ron Broda Commissioner
Weld County Weed Supervisor Greg Yando
Deputy Box 758
Commissioner
Greeley CO 80632
Dear Ron,
Enclosed are four copies of a grant agreement to reimburse your program$1,500 for work done
to carry out the "Weld County/Pawnee"project. To expedite disbursement to you,please follow these
steps:
1. Review, in its entirety, the document entitled "State of Colorado Grant Agreement." Specific areas
you may wish to check are 1.1, 1.2, 2.1, 2.2,4.1b, and 6.0. If any changes are needed to these or other
sections, contact me first before making changes.
2. Fill in the blanks on page 5 (noted with red x's)and have the agreement signed(all 4 copies)by the
appropriate party(county commissioner,president of soil conservation district, etc.). The agreement
must be signed by an individual/officer/signatory who has express authority to take such action on
behalf of the contractor.
3. Have the agreement signature attested to by the appropriate authority(county clerk, secretary, or
treasurer,etc.): The individual signing on behalf of the contractor must be acknowledged, i.e.,to have
a second person authorized by law to sign the contract thereby stating that the officer/signatory has
authority to sign the contract and bind the contractor to its terms OR the individual signing the
contract must have signature attested by another individual witnessing the signing and subscribing it
as a witness.This may be performed by any person as long as that person knows that the individual
signatory has authority to sign a contract for the contractor.
4. Return all four signed agreements to:
Eric M. Lane
Colorado Department of Agriculture
700 Kipling Street, Suite 4000
Lakewood, CO 80215-8000
Once these documents are received at the Department,we will sign and process them. A check for the full
amount will be sent as soon as possible (usually within ten days) along with a fully signed copy of the
agreement. If you have any questions,please contact me at your earliest convenience.
Sincerely
Eric M. Lane
State Weed Coordinator
•
� a
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
C. PHONE (970) 356-4000,FAX: (970) 304-6497XT. 7
COLORADO
•
November 20, 2003
Eric M. Lane
State Weed Coordinator
Colorado Department of agricultural
700 Kipling Street, Suite 4000
Lakewood, Colorado 80215
Dear Mr. Lane:
Enclosed are the following documents:
Resolution from the Board of County Commissioners, Weld County, Colorado
Four duplicate original State of Colorado Grant Agreements signed by the Chair
representing the Weld County Board of County Commissioners.
Please sign and return one original agreement by December 5, 2003, for our records. Your
cooperation is greatly appreciated.
Sincerely,
Ron Broda
Weed Division Supervisor
pc: Colorado Department of Agriculture
Esther, Clerk to the Board
M:.weed grants‘EiicLane-Dept of Ag-let.doc
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