HomeMy WebLinkAbout20013363.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN
-CITY OF DACONO
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 City of
Dacono, 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 City of Dacono 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 10th day of December, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD Cs 7NTY, COLORADO
skg ATTEST: / 99\t� l. .•YY�bi J. Geile, Chair
Weld County Clerk to the : .r. '\ Ut
Pit 4, p Tenn Vaad, o-Tem
BY:
Deputy Clerk to the Board
Willi H. Jerke
AP�RO AS T M:
/ David E. Long
ounty Attoln y
Robert D. Malden
Date of signature:
2001-3363
LC. 5C EG0041
AGREEMENT FOR WEED SPRAYING
THIS AGREEMENT, made and entered into this 29th day of May, 2001, by and between
City of Dacono, whose address is 512 Cherry St. Dacono, CO 80514, hereinafter referred to as
"City," 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, City wishes to have County perform weed spraying services on WCR 11 from
WCR 8 to Hwy 52, WCR 13 from WCR 8 to WCR 12, WCR 15 from WCR 12 To Hwy 52 east side
and part of west side, WCR 8 from I-25 to WCR 13, WCR 10 from I-25 to WCR 11, WCRI 2 from
I25 to WCR 15 for certain noxious weeds on certain City rights-of-way, as listed on Exhibit A
attached hereto, when rights-of way are within the boundaries of City,which are hereinafter referred
to collectively as "City 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 City Rural Roads
according to the following terms and conditions:
1. County shall spray weeds on City Rural Roads contemporaneously with County's similar
activity on Weld County Roads surrounding City. City understands that Weld County Roads
lying outside the boundaries of the City shall be given priority.
2. City 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 City 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 City, 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 City. 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 City 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 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.
IN WITNESS WHEREOF, the parties hereto have agreed as set forth herein the date and
year set forth above.
ATTEST: CITY:
BY: ��}l��-(���a� �1" BY: *a-e-
Valerie Elliott-Lucero, Deputy Clerk Wade Carlson, Mayor
COUNTY:
ATTEST: � BOARD OF COUNTY COMMISSIONERS
CLERK TO THE OAR��►. �~ .ll e)� OF WELD COUNTY, COLORADO
COUNTY COMMISSIOS Rt # '���
1861 �y AjO\'�
BY: �� Q ' I BY: k42
Deputy Clerk to the Bo�� = -' M. J. G ile, Chair (12/10/2001)
vit \ a„.„ MEMORANDUM
CTO: Clerk to the Board DATE: December 4, 2001
•
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the following item for the Board's next agenda for the Chair's signature.
Intergovernmental Agreement for Weed spraying with the City of Dacono.
Enclosed are two original signed Agreements from the City of Dacono. Please return one recorded and executed
original of the Agreement to my attention.
Enclosures
pc: Intergovernmental Agreement file
.1
2001-3363 . •
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