HomeMy WebLinkAbout20012929.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN
-TOWN OF FREDERICK
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
Frederick, 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 Frederick 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 15th day of October, A.D., 2001.
BOARD OF CSUNTY COMMISSIONERS
�G� ���� WELD COU" , COLORADO
/ATTEST: I(2//v-
` . J. reile, Chai
Weld County Clerk to the a�§�• (�'q"►�a� �
r . ,v . ��lenn Vaad, Pr -
BY: '// ��:.,�:.` ti
Deputy Clerk to the Boar frt—e
i H. Jerke
APR D A F M:
vi . Lo
ounty Att ey
Robert D. asden
gi/Si'Date of signature:
2001-2929
Pe' P/4 /eder1C.r' EG0041
MEMORANDUM
TO Clerk to the Board DATE: October 9, 2001
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Consent Agenda Item
Please submit the enclosed item for the Chairman of the Board's signature:
Two original Town of Frederick Agreements for Weed Spraying; one for the Town,
and one for Weld County.
The appropriate documentation is attached.
Enclosures
CONS ENTAGEN DA.Fred.wpd
2001-2929
SEP-06-01 THU 02:50 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 2
Page 1
`RON Breda-Weeds!.wpd Pa 9
AGREEMENT FOR WEED SPRAYING
THIS AGREEMENT,made and entered into this day of + —,�'BAC,by
and between !m-/d .7 .j r... ^z�,k whose address is
,�j+ 9 ' /e , 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 10th
Street. Greeley,Colorado 80632,hereinafter referred to as"County."
WHEREAS Town wishes to have County perform weed spraying services on
old Qewds _ , within the boundaries of
Town,which 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 Horne Rule Charter.
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 chemical. County shall bill Town
on a periodic basis for those services which have been performed in said 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 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.
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r 1 RON Broda -Weeds!.wpd Page 2
5. 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.
6. If any term or 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.
7. 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: r�-�-•c k C�y OGS-
BY: Bye
COUNTY:
ATTEST: 'i ��:r s ,; ,. �p !,a`BOARD OF COUNTY COMMISSIONERS
• CLERK TO Tiff BOAR iF F WELD COUNTY,COLORADO
COUNTY COMMISSI
Deputy Clerk to the 4M. J. Geile . Chair
(10/15/2001)
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