HomeMy WebLinkAbout20011922.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN
-TOWN OF ERIE
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
Erie, 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 Erie 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 18th day of July, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST:
M. J. eile, Ch r
Weld County Clerk to th-`• kV
yadimAk
BY: Glenn Vaad, Pre-i etm
•
Deputy Clerk to the Boa" /
Wi ' H Jerke
AP R�VF�AS O RM: ` SI
David E. Long
ounty Attorne EXCUSED DATE OF NING (AYE)
Robert D. Masden
Date of signature: x 27
Date of full execution: ?/'l
2001-1922
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Pk) EG0041
MAY-23-01 FRI 12:52 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 2
I-RON Broda Weedst wpd Page 1
AGREEMENT FOR WEED SPRAYING
THIS AGREEMENT,made and entered into this 24.day of To NE ,/Do I ,by
and between sate whose address is
p.o. BOX 7Co ER I$ , CD RDSI(p 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
OW N VILA L. r,OA05 , 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 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.
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.
Page I of 2 Pages
MAY-25-01 FRI 12: 52 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 3
FROM 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 heroin, and
no oral representation,promise, or consideration different from the terms herein
contained shall he 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 he
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:
BY.
j M `re j
COUNTY:
.AIL
ATTEST: �(_< ® ,OA RD OF COUNTY COMMISSIONERS
CLERK TO THE B A'P O % �� WEI,D COUNT COLORADO
�y
COUNTY COMMISSI O '
1
BY: iii ,jl//b! n]° sY:
Deputy Clerk to the Bo ?.� . ,is M. J Geile ,Chair
(07/18/2001)
Page 2 of 2 Pages
,s4-1(1(
MEMORANDUM
CTO: Clerk to the Board DATE—July 12;2001
•
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County E 'neer
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 Erie.
The appropriate documentation is enclosed.
Enclosures
pc: Ron Broda
Intergovernmental Agreement file
2001-1922
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TOWN OF ERIE
I S74
June 26, 2001
Ron Broda
Vegetative Management Specialist
Weld County
1111 H Street
PO Box 758
Greeley, CO 80632-0758
Dear Ron,
Enclosed you will find the IGA for weed spraying town rural roads for the Town of Erie.
This agreement will be a real benefit to the town.
If you have any questions or problems feel free to give me a call at (303) 926-2887.
Thank you for your cooperation and patience.
Sincerely,
Welt Y—Alieh
Ron Fletcher
Parks Superintendent
Erie Parks
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