HomeMy WebLinkAbout810824.tiff No. 0015
COUNTY OF WELD, STATE OF COLORADO
STANDARD AGREEMENT
ii
THIS AGREEMENT, made and entered into this day of - --- ,
by and between the COUNTY OF WELD, State of Colorado, hereir$a£tt9t, g@bled tliie
County, and
AMERICAN FERTILIZER & CHEMICAL CO. , 80 Sugar Factory Road, Eaton, Colorado 80615,
hereinafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,
conditions, agreements , and stipulations of the County hereinafter expressed,
does hereby agree to furnish to the County services and materials, as follows,
and/or as described on exhibits attached to and incorporated herein.
(Set forth service to be rendered by Contractor, County Department receiving
service, Contractor's qualifications, and additional provisions incorporated. )
A marked map of the County Roads will be furnished to the successful bidder in-
dicating the exact locations of the roads to be sprayed.
The herbicide to be used will be of the proportions of 2 pint of 2--4-D and z
pint of banvel (or equal ) in a solution of 20 gallons of water. The solution
will be applied in a 5 foot swath adjacent to the road shoulder at a minimum
rate of 20 gallons of solution per acre. For planning purposes, a 5 foot strip
along one mile of should is equal to .61 acres.
The herbicide will be applied in accordance with all applicable Federal and State
regulations. The solution may be applied by a wick or by a spray bar, so long as
the required application rate is achieved. No spraying will be done on road shoulders
where lawns or flowers are established. No spraying will be done where irrigation
ditches are within 5 feet of the roadway. If a spray bar is used, spraying will not
be accomplished if wind is in excess of 5 miles per hour is occurring, in order to
prevent unnecessary drifting of the spray. The contractor is responsible for his
own liability insurance and for conducting all his operations in a prudent manner.
Continued on attached sheet.
CONTRACT PERIOD will be from June 17, 1981 through Junly 1, 1981
COMPENSATION: County agrees to pay Contractor for services performed hereunder
at a rate of $ 12.65 per shoulder mile and/or One Thousand Nine
Hundred Thirtx_Fi-v-eand 45/_1Cn _Dollars {$1,985.45).
The total amount paid by County to Contractor under this agreement shall not
exceed the sum of $**1935.45********.
ADDITIONAL PROVISIONS set forth on the reverse side hereof constitute a part
of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
UNTY 0 ELD CONTRA OR
By
airman, Board of County
Commissioners ' By
itle
d - ddre v;sf,_
— — Ass
App ved As o Form:
Gi
Pur as ' g
WHD COONTI COMMISSIONERS
Di f Finance [1
Administration
JUN22 1981 \I
GREW
810824
n j�
ADDITIONAL PROVISIONS
1 . Contractor agrees that it is an independent Contractor and that its officers
and employees do not become employees of County nor are they entitled to any
employees benefits as County employees as a result of the execution of this
agreement.
2. Contractor shall indemnify County, its officers and employees against lia-
bility for injury or damage caused by any negligent act or omission of any
of its employees or volunteers or agents in the performance of this agree-
ment and shall hold County harmless from any loss occasioned as a result
of the performance of this contract by Contractor. The Contractor shall
provide necessary workman's compensation insurance at Contractor's own cost
and expense.
3. No officer, member or employee of County and no member of their governing
bodies shall have any pecuniary interest, direct or indirect, in this agree-
ment or the proceeds thereof. No employee of Contractor nor any member of
an employee's family shall serve on a County board, committee or hold any
such position which either by rule, practice or action nominates , recommends ,
supervises Contractor's operations, or authorizes funding to Contractor.
4. Contractor may not assign or transfer this agreement, any interest therein
or claim thereunder without the prior written approval of County.
5. Payment to Contractor will be made only upon presentation of a proper claim
by Contractor subject to the approval of the County Department or Agency
for which the services have been performed.
6. County shall have access to Contractor's financial records for purposes of
audit. Such records shall be complete and available for audit 90 days after
final payment hereunder and shall be retained and available for audit pur-
poses for five years after final payment hereunder.
7.. County may terminate this agreement at any time by giving Contractor a ten
day written notice of such sooner termination and may be terminated at any
time without notice upon a material breach of the terms of this agreement
by Contractor.
8. Time is of the essence in each and all the provisions of this agreement.
9. No alteration or variation of the terms of this agreement shall be valid.
unless made in writing and signed by the parties hereto.
10. Contractor shall not be allowed or paid travel expenses unless set forth in
this agreement.
11 . Contractor assures that it will comply with Title VI of the Civil Rights
Act of 1964 and that no person shall , on the grounds of race, creed, color,
sex or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this agree-
ment.
12. County shall have a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, use, and to authorize others to do so, all original
computer programs, writing, sound recordings, pictorial reproductions, draw-
ings and other works of similar nature produced in the course of or under
this agreement; and Contractor shall not publish any such material without
prior written consent of County.
13. Contractor agrees that determinations of rights to inventions made in the
course of or under this agreement shall be made by County, and that County
shall acquire an irrevocable, non-exclusive, and royalty-free license to
practice and use, and let any public agency practice and use, any such
invention.
Hello