HomeMy WebLinkAbout20012024 RESOLUTION
RE: APPROVE AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN
-TOWN OF FIRESTONE
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
Firestone, 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 Firestone 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 30th day of July, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO fVTY, COLORADO
ATTEST: £ _00 / /� � Eza
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"�`1 ,0 ,. ` M. J. Geile, it
Weld County Clerk to th r ;Q . (.'..j .
1441'as Glenn Vaad,
BY: . O .�u -I �✓ ,�-cam
Deputy Clerk to the Bo
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APPROVED'AS TO M:
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Robert D. Masden
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Date of signature: �
Date of full execution:
2001-2024
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MEMORANDUM
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TO: Clerk to the Board DATE: J ly 23,2001
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County E in er
SUBJECT: Agenda Item
Please submit the following item for the Board's next agenda for the Chair's signature.
Intergovernmental Agreement for Weld County to provide weed spraying services for
the Town of Firestone(2 copies)
The appropriate documentation is enclosed.
Enclosures
pc: Ron Broda
Intergovernmental Agreement file
2001-2024
AGREEMENT FOR WEED SPRAYING
THIS AGREEMENT, made and entered into this I(Q day of , 2001,
by and between the Town of Firestone, Colorado, whose address is 151 Gr nt Avenue,
P.O. Box 100, Firestone, CO 80520, hereinafter referred to as "Town", Commissions 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 for
certain noxious weeds on certain Town rights-of-way, as listed on Exhibit A attached
hereto, which rights-of-way are within the boundaries of Town, and are hereinafter
referred to collectively as "Town Rural Roads", and
WHEREAS, County is agreeable to rendering such services pursuant to the terms
and conditions hereinafter set forth, 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 Charger.
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 chemicals.
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 of 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 the 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 representation, 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 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 partie_,::..__! have agreed as set forth herein the date
and year set forth above. =js1 ONe`..,,
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ATTEST: ? stn,
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Cheri And rsen, Town Clerk ouN1"r Rick Patterson, Mayor
ATTEST: %"�� COUNTY:
CLERK TO EL
COUNTY C0MMIS O t' c• OF WELD COUOF NT Y COMMISSIONERS
COLORADO
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Deputy Clerk to the B� 4 ' M. . Geile , Chair
(07/30/2001)
EXHIBIT A
FIRESTONE
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 17.25 miles
WCR 18 from WCR 13 1/2 to WCR 17
WCR 20 from WCR 13 to 17
WCR 22 fro I-25 Frontage Road to WCR 15
WCR 93/4 from WCR 24 to 24 %
WCR 11 from WCR 20 1/2 to 24
WCR 13 from WCR 20 to 26 ...WCR 15 from WCR 16 1/2 to WCR 18, WCR 20 to
24
Firestone RECEIVED
A Community JUL 2 0 2001
In Motion
WELD COUNTY
PUP4JC WORKS DEPT
Town Of Firestone
Office of the Town Administrator
Post Office Box 100
151 Grant Avenue
Firestone, Colorado
80520-0100
Phone: (303)833-3291 Fax: (303)833-4863
e-mail: tpeterson@ci.firestone.co.us
Memorandum
DATE: JULY 13, 2001
TO: Secretary to the Board of Weld County Commissioners
FROM: Trudy Petersorac..(
RE: Agreement for the Spraying of Noxious Weeds
Enclosed are two copies of an agreement between the County and the Town that
allows the County to spray the road rights-of-way for noxious weed control. The
Town has executed both copies.
Please have the agreements executed by the County and return one copy to the
Town.
Thank You
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