HomeMy WebLinkAbout20013123.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN
-TOWN OF MEAD
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
Mead, 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 Mead 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 5th day of November, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
EIL ♦
ATTEST: ELM Vii, ` e��
I '��� � -' . J. ile, Chai
Weld County Clerk to t - i�,,Ov
Glenn Vaad, Pro- e
BY: 3!
Deputy Clerk to the Boa':►
Willia . Jerke
APPRO7 AS T M: e
> tory
vid E. L ng M
"
obert D. Masden
Date of signature: «( i5
2001-3123
(Fe , tt-a EG0041
AGREEMENT FOR WEED SPRAYING
THIS AGREEMENT, made and entered into this day of , 2001, by and between Town
of Mead, whose address is , 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 10`" 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 governmentalentities are authorizedand
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:
I. 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.
two/-3)
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: TOWN:
BY: _4
COUNTY:
ATTEST:� � / /' / ��� BOARD OF COUNTY COMMISSIONERS
CLERK T I • '�i I ✓"' a OF WELD COUNTY, COLORADO
COUNTY COMMISS N
1861 �)"„� -
BY: �/s +�t�, ,: �' I, BY:2 Le,
Deputy Clerk to the � � M. J. erle, Chair (;)10512000
M:\AGREEMENT\Inter-Govern-Agr\weedagreeform.01.wpd
MEAD
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 6 miles
WCR 32 from WCR 7 to WCR 11 '/2
WCR 34 from WCR 5 '/ to I-25 North side of road
WCR 34 1/2 from WCR 5 % to WCR 7
WCR 38 from WCR 7 to I-25
WCR 7from WCR 34to WCR 36 '/z
MEMORANDUM
rte"
TO: Clerk to the Board DATE: November 1, 2001
CFROM: Frank B. Hempen, Jr.Director of Public Works/County Engineer'
• SUBJECT: Agenda Item
COLORADO
Please place the following item on the Board's next agenda:
Agreement with the Town of Mead for weed spraying.
The appropriate documentation is attached.
Enclosures
pc: Ron Broda
M:\WPFILES\Francie\AGENDA.IRC
2001-3123
ead Town of Mead
P.O.Box 626
441 Third Street
Mud-"A Lade Town Mead,Colorado 80542-0626
With a Big Future
(970)535-4477
October 30, 2001
Dear Mr. Broda:
Enclosed please find two original agreements for weed spraying. Please have the
Commissioners sign and send me one of the originals.
Sincerely,
6/ y,
Judy L. Hegwood, CMC
Town Clerk
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